THE ICC PROCESS IS NOT A CIRCUS OF NITWITS.

In the aftermath of the naming of the six suspects, I was disgusted as I watched legislators pour vitriol at the International Criminal Court (ICC) as well as Luis Moreno-Ocampo, the ICC prosecutor. Those who spoke were hysterical and demagogical ostensibly because the ICC`s list of suspects was at variance with their secret wish lists. Some even went forth to publicly demonstrate their intellectual dishonesty and incompetency by opining that the ICC ought to have included the names of the two principals on its list of suspects. They conveniently forgot that ICC is after criminal and not political responsibility relating to the 2007 PEV.

It must also not be forgotten that only a few days ago the same legislators waxed lyrical about Kenya disengaging from the ICC led retributive process because some unnamed ODM legislator was sighted having a quiet a tete a tete with the ICC prosecutor perhaps finalizing on the scheme to execute politically motivated indictments. Again, one can only conclude that this claim is not only wacky and utterly without basis but also a seduction of the most oppressive kind whose intention is clear as crystal. You do not need a law degree or a Ph.D. to see right through such wild allegations. All that these legislators want to do is to callously engender fear and animosity, appealing to people`s ethnic identities, fomenting disturbances and filling people`s ears with all sorts of inflammatory rhetoric.

It should be clear to these legislators that their antics will not make the ICC to retreat from the threshold of reasonable and meaningful investigations.
Much as I recognize and respect these legislators` constitutional right to freely express themselves, I am extremely worried that their outrageous claims are likely to sow confusion, or worse, further create a wedge in a multi-ethnic populace such as ours. The conduct of these legislators contravenes article 33 (2) of the Kenya constitution for which they should be placed under the bar of justice.

It must not be forgotten that some of these legislators were seen chest thumping that international justice would take eternity before they are indicted and presented before the International court to answer to charges of crimes against humanity. Now that the storm of justice has started swirling around them they are desperately trying to peddle cheap lies to save themselves from the ignominy of having shot themselves in the leg.

They are now opining that by submitting ourselves to the ICC we have allowed a foreign national to trample upon our sovereignty. What hogwash. When did sovereignty mean ducking out of giving hundreds of thousands of PEV victims the redress they deserve? Does “sovereignty” mean turning the victims’ quest for justice into a revolving array of musical chairs dependent on the political caprices of a rowdy few? Whatever tricks they employ justice will surely be delivered for in the words of Edgar Samuel Poe, “truth has a way of beating through the best-laid alibis.”

FURORE WITH IIBRC HAS LITTLE TO DO WITH THE PRINCIPLES AND VALUES OF FAIR REPRESENTATION.

The quest for fair political representation has been with us for quite a long time. It was first felt between 1961 and 1963 when Kenya held her first multi party elections. Later, the Kenyatta and Moi regimes aggravated the situation through the creation of more constituencies in total disregard to procedure, often with a view to favouring grandiose political interests. The net result was constituencies that varied greatly in population and size. However, because of the constricted democratic space no one could question such autocratic presidential decrees.

Today, most constituencies have populations that are well above or below the mean population of 133,000. Obviously, this huge variation of population across constituencies negates the ideal democratic principle of one-person-one vote. Joel Barkin`s in his essay titled “Designing Better Electoral Systems for Emerging Democracies” opines that rather than look at equal representation we should be looking at fair representation. This is because fair representation goes beyond geographical size and population. It acknowledges a host of other intervening factors as well. Barkin`s opines that “if the principle of one-person-one vote is respected and constituencies established with equal or nearly equal populations, then the principle of establishing constituencies that reflect communities of interest or "sparsely populated areas" will be violated.”

Cognizant of this challenge and buoyed by the people`s faith in the new constitution, parliament empowered the Ligale led IIBRC to come up with a formula that could best serve the country`s national democratic aspirations while balancing the country`s peculiarities. A hybrid formula was arrived at and parliament in its wisdom unanimously endorsed and adopted it.

However, at the back of our minds we always knew that there was a great deal of easily exploitable ignorance that was likely to scuttle the electoral review process courtesy of the PNU and ODM supremacy battles. And true to this expectation, the process suffered a major body blow on Tuesday when the high court issued writs putting on halt the gazettement of the new electoral units.

At the risk of sounding prejudicial, I must emphasize that this is a political process; it is therefore unlikely that the high court will defuse this brutal, drawn-out political fight mainly between the two political parties. If anything, it will only fuel the fight and make it impossible for a political consensus to be arrived at sooner than later. This delay would be costly given that article 89 clause 4 of the new constitution makes it explicitly clear on when to bring to life new electoral units.

It is also worth noting that the same article 89 clause eleven (11) states that an application for the review of the decision made by the boundaries commission can only be filed within thirty days of the publication of the decision in the Kenya Gazette. …” Currently, IIBRC has not published the new electoral units in the gazette. One therefore wonders the basis upon which the high court application was made.

It can only be that this sudden rush to court has nothing to do with fair representation. Behind this façade are legislators who have one thing in common-they all fear losing their seats to their perennial political rivals. They had all fervently wished that IIBRC would hive off additional constituencies from their existing constituencies in such a way as to placate their rivals to vie in the newly created electoral units.

Besides, it goes without saying that many of them are motivated by the morbid fear of how votes cast in the prospective election shall translate into seats won by political parties and by extension how the same seats shall determine who become(s) the country`s Chief Executive(s). This, in my view, is the very ghost of negative ethnicity that has presided over this country`s steady decline.

TOME FRANCIS,
http://twitter.com/tomefrancis

GRAFT WAR: POLITICAL PARTIES IN A BID TO FRANTICALLY COVER THEIR MUCK.

H.L Mencken once said that “A good politician is quite as unthinkable as an honest burglar.” I cannot agree more with him particularly looking at what is unfolding in the war against the run-away corruption in this country. For close to a decade, the un-exhilarating, even drab note in the management of this country`s affairs has been the reluctance by the executive and particularly the President and the Prime Minister in decisively dealing with the lengthening list of corrupt public officers given that most of those indicted are the apples of their eyes. At best the fight against corruption has assumed party lines with each political party shouting itself hoarse about the others share of scandals. This blame game has as of today even been upped.

Amidst the bustling cacophony—the drill-like whine and roar of politicians going hammer and tongs against each other, we are hearing something else that is even more sinister: that the reverberating echoes will soon be followed by a deafening silence to allow both PNU and ODM to frantically and evenly cover their muck in the face of an increasingly hostile KACC and the public.

This is because both parties have realized that shouting themselves hoarse while pointing soiled fingers at each other will not help them an inch in the new constitutional dispensation. This is why hushed talks abound that the two antagonists have for purposes of political convenience quickly come up with an amalgam of tortured compromises that will see the party stalwarts within their ranks and files escape any censure in parliament. But there is even more than meets the eye in this unconditional ceasefire.

Even more worrying is the treacherous talk about the two parties silent pact to de-tooth KACC in a bid to put a permanent closure to the many genies of Anglo-leasing, Goldenberg, Grand Regency, Triton, maize and water scandals among many others hovering high above the heads of their party stalwarts. The reasoning behind this move is that if these genies are not bottled fast enough the political dreams of these party stalwarts (stepping stones to be more precise) will be severely jolted. So will be the lofty dreams of some of the presidential torch bearers in the 2012 presidential election be jolted.

From the foregoing, it is crystal clear that none of these parties can claim to have the country`s future nor goodwill at heart. Their actions and inactions are indication of parties that are trapped in short-term, zero-sum-calculations, where each party`s perceived gains are seen as the other party`s losses.

To be more precise, the country is basically in the firm grip of two bankrupt parties that have are busy bankrupting it. Theirs is an ossified two-party system that lacks integrity and any sense of courage or high-aspiration in confronting the spiraling corruption that has permeated all the crevices in government. Neither do our hopes for a better future lie in the emerging nor yet to be launched political parties because they are but a spitting image of what ails the country.

In my considered opinion, the two parties alongside their respective affiliates must forthwith spare us the circus and the sideshows in and out of parliament. In any case, parliament, like a mall, is alive with the din of yipping and the shrill cacophony of caged parrots. The public is acutely aware of the fact that many of our legislators are nothing more than guns for hire.

In this regard, I demand that legislators completely relinquish the fight against corruption to KACC. It is only KACC that can impartially interrogate and indict public officers suspected to have presided over this country`s steady incremental decline. Let them allow KACC to sweep their stables spotlessly clean and those who survive the integrity test can then contest for leadership positions.

Lastly, I implore the conscientious public to be eternally vigilant and to resist any attempts by parliament to emasculate KACC.

TOME FRANCIS,
BUMULA.
http://twitter.com/tomefrancis

RUTO BRIGADE; WHY THE DEMAGOGIC DEMONIZATION OF THE PM IS A SMOKESCREEN.

In Kenya, scapegoating is a favorite pastime especially for politicians. A case in point is that of honorable William Ruto. Lately his rallies have been noted to consist of acres of soggy verbiage accusing the PM of single handedly masterminding his exit from the cabinet. If this rhetoric is to be believed then it would mean that the PM had to first make 'dangerous inroads' into the judiciary to convince the three high court judges to throw out Ruto`s application to stop the court case against him from being heard and determined. Considering the fact that the PM has not shown such propensity in the past and given the fact that he has been at the forefront in advocating for reforms in the judiciary, Ruto`s conjecture might as well be told to the birds.

Secondly, the PM must have then sweet talked President Kibaki to agree to suspend Ruto from the cabinet. This is again requires a bridge sturdier than mere verbiage and reasons more persuasive than clichés can provide considering that the PM and the President are strange bed fellows, so to speak.

Moreover, it is worthwhile remembering that Ruto had the last laugh when the PM suspended him earlier this year only for President Kibaki to disown the PMs decision. Ruto lambasted the PM stating categorically that he only takes orders from the appointing authority (read the president) and not the PM. Is it not strange that Ruto has the temerity to direct his unvarying and unconvincing flak at the PM when he knows too well who the appointing authority is?

What is even more intriguing is that instead of Ruto directing his energy at assembling evidence against his culpability, he has embarked on a politicization, posturing, and pandering course. If you ask me, either this is the height of illogic or there is much more than meets the eye. Since Ruto is such a brilliant politician I want to rule out any illiberal tendencies in his reasoning. Which then leads me to the next question; what is it that Ruto is trying to pull in his rallies? Was the decision by the three high court judges a bluff? I am tempted to believe so.

In my considered opinion, it was in Ruto`s interest that the case before him is dispensed with before 2012 to clear the way for him to contest the presidency-that is assuming that he is not indicted by ICC as he has previously stated in his rallies. The more I think about it the more I am convinced that Ruto (with the help of a certain cabal) had a hand in the suspect court ruling. The timing of this ruling could not have come at a better time than now. Having stage managed the court`s verdict it is the least surprising that Ruto is now exuding confidence that the court of law will vindicate him. Talk of a master puppeteer!

This could also explain why he is steeped in scapegoating and vilification of the PM as a means of distracting the public from the dangerous political games in Kenya`s political theatre of the absurd. This is why Ruto and his political brigade are too happy combining demagogic demonization and widespread scapegoating. Obviously, their intention is to engineer angry allegations in and out of parliament that can quickly turn into apocalyptic aggression targeting the PM.

But soon the disgrace of Ruto will become manifest when he realizes that the public will not fall for this ploy. Kenyans are dog tired of politicians who are always ready to find a scapegoat for the mounting public discontent with the monumental graft cases against them.

TOME FRANCIS,
BUMULA.
http://twitter.com/tomefrancis

CONCERTED AND CONSULTATIVE EFFORTS NEEDED IN CURBING RISING STUDENT INDISCIPLINE.

Anyone in close contact with teachers knows that creating discipline and order in school is vital to teachers’ success. Unfortunately, curbing indiscipline in our schools is an extremely complex and difficult task. This difficulty arises out of the realization that other stakeholders have left this task in the hands of teachers alone. Worse still, some of them are working at cross purposes with teachers.

Buoyed up by the negligence and lackadaisical attitudes from these stakeholders, recalcitrant students see rigid or mechanistic school rules and regulations as attempts to curb their freedom. They therefore increasingly challenge and erode the teachers` authority. The consequence of this erosion has been terrible.

Many schools that were hitherto centers for academic excellence, character building and the dissemination of positive values have become relics and sites for gross indiscipline. Incidences of student strikes leading to senseless deaths and damage to property worth millions of shillings have become the order of the day.

Amid the chatter about the rising indiscipline in schools, the ministry of basic education is busy putting in place stringent student protectionist policies. These boardroom policies have succeeded in making the teacher the victim of circumstances. Such policies include empowering students to police teachers, forcing school administrators to establish roguish student councils and outlawing of corporal punishment without its effective replacement.

At this formative age, too much student freedom is synonymous to planting hybrid seeds in unhealthy soils. In other words, while it is not wrong to import solutions for discipline management from foreign cultures we must not forget that even though human beings throughout the world have essentially the same psychological structure; their cultures tend to make them different. We must therefore take care that in our quest to look “modern” we do not allow features of foreign culture to prevent teachers from maintaining sound, firm and appropriate action plans for curbing indiscipline in our schools. It is in fact touted that many school administrators are so scared of students that they would rather talk tough to teachers than students.

Unfortunately, whenever issues of gross indiscipline manifest themselves through such macabre acts as arson, parents unflinchingly indict teachers in their entirety. Interestingly, the basic education ministry has a penchant for lambasting teachers yet so many reports on indiscipline in schools are gathering dust on its shelves.
I think it is a high time that the government and the society at large stopped behaving like the proverbial ostrich. We need concerted and consultative efforts in curbing indiscipline in our schools.

Experience has taught us albeit the hard way that one cannot merely give instruction to disruptive, unruly and criminal elements in our schools on how to behave in socially acceptable ways. If that were the case, then, we should also be seeing our courts of law discarding the penal code and resorting to tutoring criminals on how to reform in the absence of corporal punishment. Common sense dictates that student indiscipline can be overcome by the well-known, time-tested principles of the rod alongside guiding and counseling strategies. Complicated, new-fangled boardroom policies are not needed.

Last but not least, parents must not become rooted in denial of their children`s misbehavior. Unfortunately many of them deliberately take sides with their children. Some of them have even initiated litigation against teachers for instituting disciplinary measures against their children. Society should know that teachers like all other human beings are risk averse. They too have a limit in terms of the pressure that they can handle. Beyond a certain level, stress takes toll on them. As a matter of fact, the colossal hostility and distrust from parents and the ministry of education has immensely contributed to teacher stress and burnout making many of them dysfunctional. In fact, barring a radical transformation in combating student indiscipline, I can hazard to predict a looming disaster for the basic education sector in the country.

TOME FRANCIS,
BUMULA.
http://twitter.com/tomefrancis

HON. RUTO: REFUSAL TO RESIGN IS TANTAMOUNT TO FLAUNTING YOUR COLLOSAL MORAL DEFICIT.

It is a sad day for the people of Kenya. Public trust has gone to the dogs. Senior public officers indicted of criminal offenses can simply quote imaginary enemies as a reason for not resigning from public office. This is an egregious violation of the new constitution. Take the example of honorable William Ruto. He has flatly refused to heed the public`s call to resign ostensibly because he sees invisible hands behind the court ruling. The minister has even gone ahead to call a press conference to castigate the judiciary for being part and parcel of a protracted political campaign against him. Ruto and his political allies are wondering why this case has picked up steam at the time when his political strength is steadily rising.

It is not lost to the public that it is Ruto himself who referred the matter to the constitutional court. It is also not lost to the public that previously influential persons indicted for criminal offenses referred cases to the constitutional court so that the court would deep freeze justice or terminate the proceedings altogether. The delay in the ruling aside, Ruto should know better than making matters that are now before a court of law the subject of a press conference. Evidence against his culpability ought to be presented in the court of law and not in the court of public opinion.

Secondly, Ruto must know that the public`s call for his resignation is not a confirmation of his guilt. Far from it, his resignation should only be seen in light of the provisions of the new constitution that demand that a public officer who is a subject of a court case must resign from public office pending the determination of the case. It is also naïve for him to argue that his appointment to public office was done at a time when the same case was pending in court. He was appointed simply because no one knew whether the constitutional court would rule for or against the continuation of the case against him. It is now clear that he has a case to answer and as a public officer, he must act in accordance with the provisions of the new constitution-resign from public office.

Thirdly, by dismissing the public`s demands, honorable Ruto is only succeeding in justifying his colossal moral deficit. Instead of calling press conferences to throw his tantrums and to flaunt his endless fruitless political posturing, Ruto must know that his continued stay in the public office is a violation of the public trust. It is a testament of his final act of defiance against the public.

I think that Ruto will cause a tremendous amount of relief to the president, the PM, the cabinet and the country at large if he voluntarily stepped down. If the doesn’t resign the President and the PM must act in accordance with the provisions of the new constitution and relieve him of his duties.

TOME FRANCIS,
BUMULA.
http://twitter.com/tomefrancis

HON. MICHUKI: THE COUNTRY CAN NO LONGER PUT UP WITH YOUR PENURIOUS BANKRUPT AGE.

Dear honorable Michuki,

If what I am about to tell you is an overstatement of the truth and is indicative of my unreasonable impatience, I beg your forgiveness. Sir, you have undoubtedly had a checkered political career. At one time you seem so patriotic and magnanimous in your duties that the public thinks of you as a prudent leader who, like wine, has matured with age. But at other times, you seem so drenched in odious schemes so much so that every Tom, Dick and Harry can clearly see that you are completely trapped in selfish desires.

In placing my assertions in proper context, I remember with a lot of nostalgia, the famous “Michuki rules” and how they helped restore sanity in the transport sector in this country. Today, I acknowledge the gusto and vivacity you have injected in the Environment Ministry.

But I also vividly remember the “Artur Brothers Saga” and the infamous raid of the standard media group. I have also not forgotten that a few years ago you said that the struggle for a new constitution was restricted to the removal of former President Moi from power and that since “one of your own” had assumed the presidency, there was no need for a new constitutional order. You have never reversed on your stance only that you belatedly supported the ratification of the new constitution not because of its inherent good but because you did not want a blot in the legacy of your “friend”. Sir, these things echo so loudly in the present that they send a shiver down my spine.

As if that was not enough, your recent raucous and rattling rhetoric is testament of a politician who is callously ossifying negative ethnicity in the country. Sir, I see in you a man so desperately welding the electorate into servile instruments. You cut across as one who does not respect individual freedom or the concepts of civil liberty. Your attitude is an excruciating embarrassment to the promises of democracy, equal access and equal opportunity as enshrined in the new constitution.

Sir, perhaps you are oblivious of the damage that your sentiments may trigger in this country, but as a youth of this country, I have every right to demand that you and your ilk bequeath to us a peaceful and cohesive country. Is it too much if I asked you to purge yourself of the ethnic venom lest the country pays dearly for the debts of your penurious bankrupt age?

Sir, whereas I am not opposed to anyone staking a claim to the presidency, I find it particularly offensive that you are insinuating that the only means to the coveted presidency is vide the odious ethnic merry-go-rounds by the populous ethnic groups in this country? But pray thee sir, where does this leave the rest of the ethnic minorities? Are they less Kenyan? Don`t you think that such thoughts would preside over this country`s steady incremental decline?

I thought that with your kind of your political experience that stretches all the way to the colonial days you should be the one rallying the public to nail in the coffin of bigotry, the nauseous qualifications to the presidency based on ethnicity, gender and religion. I thought that you should be the one imploring Kenyans not to be encumbered by past ethnic perceptions and loyalties. But I now realize how dead wrong I was.

I pray that the scales of negative ethnicity fall of your eyes. I pray that God grants you many more years so that you may witness your great grandchildren enjoy the scintillating beauty that will shine upon a truly cohesive Kenya.

TOME FRANCIS,
BUMULA.
http://twitter.com/tomefrancis

POLITICIANS MUST SPARE US THIS FLAGRANCY OF REASON.

In her book titled “Preaching Proverbs”, Alice M McKenzie says that “powerful paranoia is perfect sense.” The truth of her assertion hit me like a bombshell when some renegade ODM legislators in the flagrancy of reason waxed lyrical about the “Pentagon” instigating the 2008 PEV. Their rhetoric may have passed as useful idiocy but it failed to score even on that front too. Instead they only succeeded in exposing a litany of lies and sheer wackiness. In their utter desperation they thought that such antics will make the ICC investigators to retreat from the threshold of reasonable and meaningful investigations.

These unfortunate remarks instantaneously re-energized a section of hawkish PNU legislators. They quickly called a press conference to demand that ICC investigates the ‘Pentagon” for masterminding the 2008 atrocities. Never mind that these legislators had previously (albeit unsuccessfully) tried to implant in their constituents a narcissistic sense of victimization by the ICC.

It is worth noting that all these legislators seem to be driven only by one agenda-they all have paranoia for the Prime Minister. They all want to distort the truth so that every issue becomes a contest between the “purity” of their tribal chiefs versus the “evil” of the Prime Minister, Raila Odinga. These politicians cannot think about the overall public good because they are trapped in short term, zero-sum calculations, where Raila`s gains in public opinion is seen as their collective loss. This explains their palpable paranoia with Raila.

It is not that these legislators have a short memory as to easily forget what really transpired in the early days of 2008. They know for sure that Raila more than anyone else was a victim of the most foul play. By constantly throwing barbs at him at any opportune moment, anyone can see that it is the ossification of the same vile schemes, only that now former foes have united not just to cheat justice but to ensure that Raila does not clinch the presidency.

It is little wonder that these politicians have even enlisted the services of an effete political pundit who at one point opined that Raila was the sacrificial lamb for the birth of a democratic nation. The same pundit is now opining that the ICC is after both president Kibaki and the PM.

But is there evidence of Raila`s culpability in the 2008 PEV? I do not think so. In discounting the pundit`s white lies, it is important that we travel down memory lane. During the 2007 disputed elections the ODM party had two clear options on its table- one favoring mass action and another attempting to maintain negotiations. The ODM leadership felt that the two strategies were fundamentally complementary.
However, the kind of mass action envisaged was similar to that of the 2005 Ukrainian “Orange Revolution.” Unbeknown to the ODM leadership there were some people who were desperately looking for an opportunity to stamp their unrivalled supremacy in the Rift Valley politics. They therefore deliberately misconstrued (as they have admitted in their very recent remarks) the centrality of the mass action approach to mean inciting and funding their constituents as well as private militias to unleash the cruelest kind of atrocities (such as the Kiambaa massacre) to the supporters of PNU.

On the other hand, the PNU (read government), held a series of strategy meetings with a view to restoring calm in the country. However, like in ODM there were some powerful individuals within PNU who wanted to be seen as the guardian angels of their community. They, without the blessing of the government, sanctioned repression and retaliatory attacks against people who were deemed sympathetic to ODM in places such as Naivasha.

It is these deep-pocketed benefactor(s) who in their capacity as private citizens compromised state security agents and funded organized militia groups to commit serious crimes against humanity that the ICC seeks to bring to book.

TOME FRANCIS,
BUMULA.
http://twitter.com/tomefrancis

ICC: LEADERS MUST STOP INVOKING THE HYDRA OF NEGATIVE ETHNICITY.

Niccolò Machiavelli once said that “a prince never lacks legitimate reasons to break his promises.” To Machiavelli the subjects had to view impunity as part and parcel of leadership. In other words, bad leadership, so to speak, was a necessary evil. Going by the recent utterances by a section of the political leadership, it would seem that they are ardent followers of this Machiavellian philosophy. This is why some hackneyed politicians are furiously and callously traversing the whole country on a mission to pamper impunity and defenestrate retributive justice against those bearing the greatest responsibility for the 2008 Post Election Violence (PEV).

In order to achieve their vile objectives these politicians are busy invoking the hydra of negative ethnicity and manufacturing conspiracy theories in quick succession in order to discredit the ICC led investigation. It would seem that the use of emotional trickery is the secret weapon with which to defeat the quest for retributive justice.

Among those employing such ethnic exhortations is none other than the vice president, honorable Kalonzo Musyoka. One would not have expected to find in a leader of his stature such distraught and shameless sentimentalisms. I must admit that it was utterly irresponsible of him to allude to further bloodletting should the architects of the 2008 PEV be brought to book. Such utterances are not only unfortunate but they are a further testament to the deep rooted impunity for which we demand that the international wheels of justice must keep on grinding to hold accountable even those currently trying to defeat the quest for justice.

I must remind all and sundry that the deaths of the so many innocent Kenyans and the cruelties inflicted upon hundreds of thousands of IDPs was not the handiwork of any single community. Far from it, this was a design by a few aberrant politicians and some senior public servants to grossly abuse the power bestowed upon them by the public. It is these people that ICC seeks to punish.

Moreover, if it so happens that most of the senior security officers under whose watchful eyes the massive atrocities took place are from one ethnic background then this further confirms the ulterior motives behind the gross ethnicization of the state security as well as other public institutions. We must therefore quickly disabuse these merchants of doom from the notion that the ICC is targeting a certain community. Such thinking is the product of an array of evil forces.

Unfortunately, some of the followers of these self serving politicians want to put up and even idolize this array of evil forces. Kellerman Barbara, in her book titled “Bad Leadership” opines that followers of bad leaders will go along way with the bad leaders who fulfill their selfish desires. If for instance, protection of the presidency from the fold of a certain politician is the primary concern and a certain cabal can make it possible then the followers of this cabal are likely to consider the situation (however wicked it is) an acceptable one. This is the behavior that we must disabuse from the citizenry if we are to progress as a democratic nation.

We must be bold enough to shun politicians who are hell bent on using fear mongering and threats of bloodletting to buttress bovine obedience among Kenyans. We must pray that such politicians are struck dumb by the very ethnic demons that they are busy conjuring.

TOME FRANCIS,
BUMULA.
http://twitter.com/tomefrancis

CONSTITUTION BUBBLES OF PESSIMISM: WAS IT A CASE OF IRRATIONAL EXUBERANCE?

August 27 will forever remain engraved in our minds. It was characterized by euphoria and a sense of patriotism never seen before. Each and every one of us had so many lofty dreams of the new constitution. The Prime Minister was upbeat that this day was the “start of an equal, just and united society.” On the other hand the Vice president said that this “was the beginning of a new era in the life of our great country.” We never imagined that this healthy optimism can quickly turn into irrational exuberance. Hardly a month after the much touted promulgation, our hopes about the new constitution are gradually inflating in to a pessimism bubble.

We have witnessed Cabinet Ministers speaking in dissonance on matters constitutionalism. Their deliberate missteps coupled with their half-hearted political gestures are threatening to derail the efforts at anchoring the new constitution. Forgive me if I should as much as cast some of them as self-serving clowns who will hasten to sacrifice their political convictions for the convenience of the hour. You will know them from their ability to flip flop on issues of national importance. In the words of Adlai Stevenson, these are politicians who will cut down a redwood tree, then mount the stump and make a speech for conservation. I bet you now understand why Will Rogers opined that “…people are taking the comedians seriously and the politicians as a joke.”

Already we are witnessing dangerous partisanship in the interpretation the phrase “restructuring of the provincial administration’ to suit the operation of the counties. We have also seen them differ on the extent to which the government should cooperate with the ICC. It would seem they are too happy to go along with a strategy of pause and delay lest they imperil disharmony in their fragile parties ahead of the 2012 general elections.

Unfortunately, these ministers are not the only doomsayers. The confusion in the cabinet seems to have percolated into the uniformed police force. Last week, media houses profiled the General Service Unit (GSU), a paramilitary wing of the regular police force; make a mockery of the police reforms. The country watched in consternation as the GSU vent out their pent up emotions on the Administration Police. So ruthless and brutal were the GSU that they kept on bludgeoning and punching APs who had crouched in total submission. What if it was a civilian who had been unfortunate enough to be a victim of their torture? Believe me you; this marauding pack would have bludgeoned him to death and perhaps even earned a promotion for a job well done!

Hardly a week later media outlets beamed footage of bullet riddled bodies of suspected Mungiki adherents scattered in the Kinale forest in Kiambu County. It does not take a genius to figure out that these are just but a fraction of the so many cases of extra judicial killings.

Sad, right? Well, even though I am far from being pusillanimous, I am tempted to believe in the vice president`s change of heart. His latest advice to Kenyans is that they should not place so much hope on the star-spangled constitution. Is this his way of telling us that we should brace up for more shockers? Is this gloom pervasive?

TOME FRANCIS,
BUMULA.
http://twitter.com/tomefrancis

IS THE JUSTICE MINISTER WORKING IN COHORTS WITH AN EFFETTE CORPS OF IMPUNITY?

John F Kennedy once said that “the great enemy of truth is very often not the lie -deliberate, contrived and dishonest, but the myth, persistent, persuasive, and unrealistic. Belief in myths allows the comfort of opinion without the discomfort of thought.” These words find a perfect abode in Kenya. This is because the country is increasingly bombarded with myths from the likes of the Minister for Justice and Constitutional Affairs.

One such myth is the assertion by the Justice Minister that the country is ready to disengage from the ICC led retributive process. The Minister is instead brazenly vouching for a local justice mechanism against those who bear the greatest responsibility for the 2008 post election violence (PEV). The truth is that the country is neither ready nor willing to handle such a gigantic task now or in the near future. Attempts at dispensing justice vide a local mechanism in a country that is deeply ethnicized such as ours will be akin to brandishing sparks in a nuclear tinder box. Moreover, it will take ages for the citizenry to have a significant level of confidence in the judiciary if people animated by impunity will be the ones tasked with the responsibility of drafting of the bills that will engender the necessary reforms in the judiciary. Hastiness and superficiality is what will be the natural outcome.

It is important at this juncture to point out that already the Justice Minister has gradually and silently moved with unusual speed (in the absence of the constitution implementation committee) to draft laws not to anchor the new constitution. Going by his pep talk then it would appear that he is hell bent on presenting an illusion of freedom to the people. He appears to be working in cohort with effete corps of impudent snobs who have a strong desire to abridge the freedoms of the people of Kenya. This explains why he is bold enough to look us straight in the eyes and tell us that he has no apology to make!

As Frank Zappa would observe, “when such people think that an illusion has become too expensive to maintain they will take down the scenery, pull back the curtains, move all the tables and chairs, and you will see a brick wall at the back of the theatre." Unfortunately this is what is happening in Kenya. Already some elements within the government have begun showing their unwillingness to furnish ICC with important documents on the pretext that this would be against the country’s “national security.” Need I say that this is a brick wall of impunity?

This move will certainly be met with the full force of the international law. ICC is likely to formally request its judges to issue a finding of non-compliance against Kenya upon which the Office of the Prosecutor will request the UN Security Council to deal with Kenya's persistent refusal to cooperate. Sanctions may then be put in place against Kenya. I bet no one wants to fathom the consequences that will arise out of such sanctions.

Yet if the citizenry are complacent then tyrants will remain active and ardent. They (tyrants) will callously devote all their energies at putting shackles upon us. It is thus extremely important that we do everything within our disposal to stop them from forcing the country into such dangerous levels of mediocrity.

TOME FRANCIS,
BUMULA.
http://twitter.com/tomefrancis

MUTULA MUST CEASE MAKING SUCH DANGEROUS ABROGATION REMARKS.

On a number of occasions honorable Mutula Kilonzo, the Minister for Justice and constitutional Affairs has unleashed coded verbiage that has increasingly pointed to intent at a backpedalling on the people`s quest for justice over the 2007 post election violence (PEV). In my opinion, these outrageous remarks are a testament of a minister being destroyed by the pressures of a cabal pushing him to a false bravado.

Uncharacteristic of a lawyer of his reputation, the minister has hopped from one position to the other in quick succession and in the end failed to convince even himself to adopt any position with regard to PEV. Like a pendulum he appears to be on the extreme end of those vouching for justice for the PEV victims while at another time he adopts a blinkered attitude of the victims and belligerently arrogates himself the power to spew ridiculous jiggery-pokery in an obvious attempt at defenestrating justice and pampering of impunity. Call it ad hominem par excellence if you like.

While we laud the optimism he has in the new constitution, it will be prudent of him to appreciate the fact that even with the promulgation of the new constitution there are forces within the same government that are keen on standing on the way of its implementation. It will therefore take several years before the citizenry have sufficient levels of confidence in the Kenyan judiciary. During this time we cannot deep freeze the quest for justice over the 2007 PEV. That will be tantamount to forcing Kenyans to behave like the proverbial ostrich. Certainly, Kenyans will not at any one time imagine that the 2007 PEV was just but a bad dream.

Mutula must know that the spectre of unresolved killings is haunting Kenya and the sooner we deal with it, fairly and squarely, the better for us. He must also know that the 2007 PEV was like the tip of an ice berg. Beneath the deceptively calm peace lies the threat of anarchy, bloodletting and degeneration of the state.

My exhortation to Mutula is to respect the Rome Statute that we voluntarily signed as a country. He must immediately cease engaging in any abrogation talk. In any case, his talk about Hague being unable to handle so many witnesses of the PEV is simplistic, mischievous and obviously misleading and so is his previous assertion that the Kenyan case does not meet the ICC threshold of crimes against humanity.

Moreover, it will be in our best interest as a country if Mutula does not allow the 2012 political machinations to override the national interest. He must respect parliament which in its collective wisdom declared “let us not be vague, let us go to Hague.”

TOME FRANCIS,
BUMULA CONSTITUENCY.
http://twitter.com/tomefrancis

PLOT BY MAGNATES TO SMOTHER THE NEW NHIF SCHEME MUST BE DEFEATED.

Probably you have witnessed patients turned away from hospital doors or evicted from hospital beds due to their inability to pay for services. Such patients usually succumb to their illnesses or injuries shortly after such harrowing ordeals. These are deeply human tragedies that are a common occurrence in Kenya.

Not even those in private health insurance schemes have been safe from the avarice of magnates. Prohibitive costs have turned out to be more than they can afford except by mortgaging their family`s future. This is because the country has allowed many insurance companies to create numerous complicated policies that have trapped Kenyans in gaps, limitations, and exclusions in coverage. In most instances these policies offer disastrously low benefits and often spell financial disaster when serious illness or disaster strikes. Attempts by the government at restoring sanity in this vital sector have always touched off an explosion of furious protracted polemics within the private sector. Magnates have resented such attempts as negating the principles of economic liberalism.

In our concern not to infringe on doctors` and hospitals rights as entrepreneurs, we have allowed them to offer health care in ways designed more for their own convenience and profit than for the good of the people of Kenya.

This state of affairs cannot continue ad infinitum. I believe that the time has come for Kenyans from all walks of life to demand that the right to universal health care is not trampled upon any more. The time has come for us to give a wide berth to all those who are hell bent on engaging in bitter polemics on an issue as sensitive as universal health care.

We must not allow magnates to make us lose focus at this critical moment. In their bid to smother this noble idea these magnates have been quick at expressing concerns with the indecent haste with which the new NHIF health insurance scheme is being operationalized. They have pointed out the past inadequacies surrounding NHIF as a basis for not implementing the new health insurance scheme. Such comments are not unexpected. Suffice to say that they are an expression of the desire by magnates to jealously guard their private health insurance companies schemes that are so callous to human suffering, so intent on high profits and so unconcerned for the needs of the holloi polloi.

In my opinion, there is absolutely nothing wrong in enhancing the capacities of NHIF while implementing the new health scheme at the same time. I am sure that we can walk and chew gum at the same time. Again it is naïve for anyone to advance the argument that Kenyans were not consulted before the implementation of the new scheme. It is absolutely wrong for one to imagine that the government must knock on every person`s door to capture their views on important policy issues. Unbeknown to such people consultation is a complex and continuous process. Monitoring and evaluation of government programmes is one such channel of consultation.
It is also laughable that those claiming lack of consultation should rush to court without themselves consulting the very constituents they represent as to whether a legal recourse was necessary.

It must be understood that millions of Kenyans increasingly feel that the government should guarantee good health insurance scheme at an affordable cost. It is this overriding desire by Kenyans that has informed the decision by the Ministry of medical services in mid-wifing the new health insurance scheme.

What the Ministry of Medical services is offering is more than what Kenyans bargained for. This new scheme not only empowers but also makes people`s entitlements explicit. Families will pay a small means-tested premium to cover them for health care. The government will in turn pay for every Kenyan thus increasing benefits that can be claimed on the small premium. This is sure to be a boon to millions of poor Kenyans.

TOME FRANCIS,
BUMULA.
http://twitter.com/tomefrancis

AFRICAN HEADS OF STATES MUST STOP UNDERMINING THE ICC.

I read with great consternation a press release from the African Union (AU) dated 29th August 2010 in which the ICC was censured for reporting Kenya and Chad to the UN Security Council and the Assembly of the State Parties to the Rome Statute over President Al Bashir`s fiasco. Therein was a re-affirmation of resolutions adopted by the AU summit about three months ago in Munyonyo Commonwealth Resort, Kampala. Here, the African heads of states for the umpteenth time unflinchingly reiterated that subjecting a “sovereign head of state” to a warrant of arrest is undermining African solidarity and African peace and security.”

Borrowing heavily from this communique, Mwangi Thuita, in his capacity as the Permanent Secretary in the Ministry of Foreign Affairs opined in one of the local dailies that arresting Al Bashir (who is accused of murdering hundreds of thousands of Sudanese Christians among other war crimes) would be ignoring the region's raison d'être as well as undermining the Comprehensive Peace Agreement (CPA) midwifed by Kenya.

Sadly, the AUs communiqué as well as Thuita`s article point at African heads of states who are increasingly determined to shield themselves and their protégés from prosecution from crimes against humanity or genocide. In the pretext of local peace and reconciliation initiatives, they want to be given carte blanche to create a two-tier system of international justice. It will be suicidal to grant them such a wish given the fact that they have often demonstrated a genius for working at cross-purposes with the objects of the ICC. This will definitely lead to increased human rights violations by the same leaders with justice being the very least of their concerns.

Any keen observer would not fail noticing that beneath the African heads of states veneer of pursuing peace, justice, stability and reconciliation is an attempt at warding off any incursion at their comfort zones that are characterized by a common denominator: impunity.

It must be crystal clear to these leaders that no amount of immunity for a sitting president can justify the perpetration of heinous and murderous acts against his own citizens. The world will never let go unpunished such tragic bloodletting.

The public is therefore specifically warned to be wary of those who are desperately trying to accuse ICC of ignoring this region`s political realities. Such arguments are misleading as they are false.

With respect to the CPA, suffice it to say that nobody is against Kenya and its cohorts under the auspices of the AU and IGAD in spearheading its implementation. Indeed, the world lauds this initiative. But it would be extremely naïve to obsessively think that such an agenda can replace justice. The CPA was never intended to be Al Bashir`s washing powder. That is why (notwithstanding our inability to arrest him) his presence in Kenya was repulsive. Simply put, it was a huge diplomatic gaffe.

Kenya should therefore not flaunt unabated her sovereignty in defiance of the Rome Statute. She will undoubtedly become a target of unrelenting opprobrium and censure within international forums such as the United Nations. Unfortunately, this will not bode well with our struggling economy.

TOME FRANCIS,
BUMULA.
http://twitter.com/tomefrancis

UHURU PARK CELEBRATIONS: WHAT A GREAT DISPLAY OF WORTHLESSNESS OF CANDOR!

“What a great display of worthlessness of candor?” a friend of mine remarked. Yet another one said, “It is a slap in the face of all those who thought for a minute that the new constitution was to be in itself a breath of fresh air.” I could not agree more with them. Amid all the pomp and fanfare that greeted the promulgation of the rafitified constitution was the conspicuous presence of Omar El Bashir at Uhuru Park. At the very least, his presence was an egregious violation of Kenya`s new constitutional chapter. His presence provided an anti-climax to this country`s constutional hour.

Suffice it to say that President Kibaki had all the powers to invite whomever he wished in to the country for that auspicious occasion, subject only to one caveat—that in so doing, he does not ride roughshod over the sovereign will of the people of Kenya. It must be remembered that Kenya has domesticated the Rome statute making it part and parcel of our constitution. By inviting, dining and wining with a person indicted by ICC for committing heinous acts of murder against hundreds of thousands of Sudanese people, President Kibaki violated not only the Rome Statute but he has also violated the sovereign will of the people of Kenya for which parliament and the conscientious public must hold him accountable.

Clearly, State House knew that this invitation would create a huge furore locally and internationally but still went ahead to make this egregious mistake and place the country under a flood of international condemnation with possible sanctions in the pipeline.

The fact that the planners at State House were undeterred is perhaps a clear indication that there is a coterie which for known reasons is irked with the Rome Statute. It (coterie), elected to use this invitation to send clear signals to ICC that Kenya will most certainly circumvent any attempts at retributive justice over the 2008 post election violence.

Apparently, this particular invitation was “a top state secret.” Not even the Foreign Affairs Ministry was privy to it. This explains the Ministry`s fuzzed responses when put to task to explain Bashir`s presence in the country. First, the Assistant Minister in the ministry mumbled something about Kenya arresting Bashir upon receiving a formal request from the ICC. Then the Foreign Affairs Minister, Moses Wetangula whimsically retorted that Kenya believes that nurturing peace and reconciliation in Sudan is a commendable ideal than arresting Bashir. What cheap hocus-pocus!

Any Tom, Dick and Harry can tell that such statements are just but cynical slogans, or euphemisms for impunity. Beneath this veneer of “reconciliation and peace building” is a calculated move aimed at protecting some politicians who may be in ICC`s books over their alleged involvement in the 2008 post election violence.

There is no doubt here that Kenya is hell bent on sending a strong statement to the world that its cooperation with ICC in terms of investigation, apprehending and prosecution of the suspected perpetrators of the post election violence, will not be guaranteed. There could be no other better way of sending that message than hosting and ensuring the safe passage of Bashir to and from Kenya under the full glare of the world. Call it impunity if you like.

TOME FRANCIS,
BUMULA.
http://twitter.com/tomefrancis

THE CRISIS IN KENYA`S BASIC EDUCATION SECTOR.

The report by the African Population and Health Research Centre (APHRC) is a serious indictment on the mathematical competency of primary school teachers in the country. This study adds to a similar one jointly conducted by the Ministry of Basic Education and Kenyatta University which was released almost the same time last year. The latter decried the competency in the use of the English language among primary school teachers.

Cognizant of the fact that there has been a greater display of lackadaisicalness in the management of the basic education sector, the nation is faced with some difficult choices of conscience. We can either bury our heads in the sand as we are wont to or start acting in the best interest of our children. Unfortunately, the cost of inaction would turn out to be more than we can afford except by mortgaging our children`s future. It is for this reason that I wrote an opinion article titled “Revamp teacher training programmes” which appeared in the Standard Newspaper August 25 2009 on page 16) in which I stated that it was incumbent upon the government to fast-track the implementation of Sessional Paper No. I 0f 2005. This paper had a raft of proposals paramount for the enhancement of the capacities of teachers.


To begin with, it recommended the strengthening of regular in-servicing training for pre-primary and primary school teachers. But over and above this, it is my opinion that teachers at this level must, at the very least, complete a three year diploma course undertaken in a recognized institution to ensure that one has a thorough command of at least one teaching subject apart from a broad background of general education, as well as professional preparation that includes the psychology of children or adolescents, the principles and techniques of teaching, and the historical foundations of education.

Secondly, it highlighted the need for restructuring of high school teachers` training programmes by making them more intellectually rigorous. High school teachers were to subsequently undertake post-graduate training in pedagogy or extend the Bachelor of Education programme to five years.

For the above programmes to be successful, the government has to regulate teacher training institutions more stringently to curtail the possibility of training standards being diluted. Here, I am in full support of the recent directive by the Higher Education Minister which indicated that bogus middle level colleges are to be closed down.

Furthermore, and in line with the government`s objective to enhance monitoring and evaluation of the teaching work force, the Ministry of basic Education in conjunction with TSC must move with great speed to entrench performance contracting which ought to be applicable to all teachers irrespective of their scheme of service. TSC must also put in place career ladders for outstanding teachers apart from making it a lot easier for incompetent teachers to be axed. Teachers must be subjected to mandatory aptitude tests where they must show mastery of competencies and be at or above minimum competency levels in order to be rehired. The new teachers to be recruited must be subjected to thorough competency tests.

Most importantly, the government must seriously think of motivating the contracted teachers. This requires the establishment of competitive salaries as a matter of priority. The current pay is, for lack of a better term, debasing. This pay has seen highly qualified and experienced teachers exiting for lush professions. How can one expect teachers to love their profession when a Matatu tout with little or no basic education at all earns triple what a teacher earns? It need not surprise us that, under such circumstances teachers perform dismally. Perhaps the situation can only get worse.

TOME FRANCIS,
BUMULA.
http://twitter.com/tomefrancis

MALE CIRCUMCISION IS NOT A SUBSTITUTE FOR RESPONSIBLE SEXUAL BEHAVIOUR.

Since the 1990s studies on whether male circumcision can be used as a preventive measure against HIV continue to be at great variance. Caldwell and Caldwell (1994) used geographical distribution evidence to argue that the association between lack of circumcision and a high level of HIV infection in Africa is credible.

Others like De Vincenzi and Mertens (1994) opine that the evidence for a relationship based on miniature surveys, is unconvincing and hence not conclusive enough to qualify male circumcision as an effective intervention. Siegfried et al (2005) point at an association between lack of circumcision and increased risk of HIV; but they conclude that the quality of evidence is insufficient to warrant implementation of male circumcision as a public health measure. In other words, they opine that there could be other factors besides lack of circumcision that could explain the higher rate of HIV infection in the males who are traditionally not circumcised.

In 2006, a press release from the American National Institutes of Health (NIS) cited Kenya and Uganda as study cases. The studies showed that about 56 circumcisions were needed to prevent one HIV infection. It must also be understood that in this particular context an association between circumcision and HIV infection did not prove a cause and effect relationship. There were definitely confounding variables. Moreover, the studies failed to avoid selection bias and expectation bias. From the foregoing, I am yet to come across a study that conclusively points at male circumcision as a preventive measure against HIV infection.

Given the existing information gaps, it would be naïve for anyone to appear to be billing male circumcision as public health policy. Such judgments are extremely dangerous. Unfortunately, the public continues to be inundated with popular reports from both the public health practitioners as well as from some sections of the media indicating that the likelihood of one contracting HIV after undergoing circumcision is minimal. They haughtily opine that it (male circumcision) reduces HIV infection by 60%. This may be so. But is a more than forty percent chance of infection (after a risky sexual behavior) minimal by any standards?

Such miscommunication is likely to have far reaching ramifications in the fight against the AIDS scourge in this country. Already reports are emerging that men who have recently undergone circumcision (in arrears where male circumcision is not a tradition) are eagerly waiting for the forty days in the wilderness to lapse (recuperation) before they rush into sexual frenzy. This is because they have inadvertently been made to believe that male circumcision is a substitute for other known prophylactic measures. Such misinformation will obviously contribute to the high rate of HIV infection in the regions where male circumcision is being billed as a preventive measure to HIV.

In my opinion behavioral factors are far more important in preventing new infections than the presence or absence of a foreskin. It is therefore incumbent upon the public health practitioners as well as the mainstream media to come up with an effective communication tool that will completely eradicate the myths surrounding male circumcision. Those being circumcised must be told in no uncertain terms that male circumcision is just but part of a comprehensive prevention package, which includes among other things; correct and consistent use of male or female condoms, faithfulness among married couples, reduction in the number of sexual partners, delaying the onset of sexual relations and HIV testing and counseling.

TOME FRANCIS,
BUMULA.
http://twitter.com/tomefrancis

BASHING POLLSTERS WON`T CHANGE PUBLIC OPINION.

Poll opinions, especially in the form of pre-election polling are standard tools for politicians as well as numerous organizations and business firms concerned with mass public opinion. This is how we ought to understand them. Indeed, this is how poll opinions are understood the world over. But the same cannot be said of Kenya. Here, some politicians will almost always challenge the appropriateness as well as the validity of opinion polls, whenever such findings are not boding well with their political desires. They would accuse professional pollsters of having a tendency of the casual mind which, stumbling upon a sample which supports or defines their (pollsters`) prejudices; they would not hesitate to make it a representative of a whole population.

Yet if the same politicians were to be told that they were leading in the court of public opinion they would celebrate and hail it (poll) as a barometer of the 2012 general elections. At no time would they declare that the findings a diversionary tactic nor would they pour cold water on the pollsters.

Politicians must be advised that pollsters only tell the public which way the cat is jumping. It is upon politicians themselves to take care of the cat. Put in a different way, it is the work of politicians to sway public opinion in their own favor. They should therefore start by asking why polls seem unfavorable to them. This should then be followed by clear strategies that would see them try to reclaim the lost ground. Unless, of course, they are not equal to the challenge, and they have therefore resigned to letting public-opinion poll be a substitute for thought.

However, in the event that these politicians have qualms with the poll findings then the prudent thing for them to do is to engage other polling experts to carry out a similar exercise. It is doubtable whether shouting themselves hoarse in the public will help. In my opinion it will only portray them as people who do not espouse the fundamentals of scientific methodology which by and large, is anchored in logical reasoning and empirical objectivity.

I wish to remind them that unlike the Latinos, who can shout “De gustibus non est disputandum” meaning that opinions about matters of taste are not objectively right or wrong, and hence disagreements about matters of taste cannot be objectively resolved, scientific research, in the strictest sense of the phrase, goes beyond men of mere speculation. It has fundamental laws that must be followed to the letter.

TOME FRANCIS,
BUMULA.
http://twitter.com/tomefrancis

WE MUST DENOUNCE THE UNSAVORY ARCHITECTS BEHIND FARCICAL ETHNIC ALLIANCES.

When Jean Jacques Rousseau opined that “freedom is a most succulent dish, but one that is difficult to digest”, his prophetic eye must have peered through Kenya. I say so because high above our national, tumultuous joy for the ratified constitution (after years of unparalleled hardships, incarcerations and callous deaths), I still hear loud and clear talks of ethnic-political barbecues whose taste is completely unpalatable. Even as the political big guns publicly denounce such schemes as a mere creation of the media, their foot soldiers have made it crystal clear that indeed such plans are afoot. It is even worrying that Kenyans, who yearned and fought for this constitutional dispensation, and who ought to be naturally incensed by such infantile designs, seem to be applauding the most, the unsavory architects behind such farcical schemes.

Such pacts presuppose the continuation of the negative ethnicity that this country has decried for so long. It promises to continue treating Kenyans as a collection of tribes in the bounds of a new Kenya. It purports to endorse the fact that the coalescing of populous ethnic groups is the highway to the much coveted presidency. It also means that the presidency in this country will almost certainly be determined by the odious ethnic driven merry- go- rounds.

Unfortunately, we seem not to recall the fact that such pacts are only executed wholly at the benefit of its conspirators. We readily allow them to invoke the hydra of negative ethnicity, and bang, we dance ourselves lame for them. We supplicate at the altar of these ethnic deities and humbly allow them to take advantage of our credulity and inexperience. The question that we ought to ask ourselves is just how long shall we continue to be used as mere pawns in their political chess game? Don`t we know that if we refuse to learn from the past and ignore vital lessons from our previous mistakes then we shall simply be heading in to the future covered with the deceptive warmth of our ignorance? For how long shall we gladly become blind tools of our own destruction?

The logical thing for us to do is to give a wide berth to any politician whose intention is to pitilessly tear asunder the motley ties that bind our pluralistic state. We must nail in the coffin of bigotry, the nauseous qualifications to the presidency based on ethnicity, gender and religion. Such qualifications bear no relationship whatsoever to the exercise of leadership skills.

It is incumbent upon Kenyans from all walks of life to earnestly embrace our diversity and never allow a cabal of ethnic zealots to use it (diversity) as a source of friction and division. With the ratification of the new constitution such politics must be frozen in an out-of-date mould. It is bad for our social and economic health.

I therefore implore all of us not be unencumbered by past ethnic perceptions and loyalties. We must remember that even with the new constitution in place, the evolution of a national identity will not just happen without the concerted efforts by both the political class and the citizenry.

TOME FRANCIS,
BUMULA.
http://twitter.com/tomefrancis

THE PM IS NOT ANYBODY`S POLITICAL HOSTAGE.

I must confess that it is extremely difficult for me to comprehend the prodigious measure of infatuation some politicians have with the Prime Minister. Smarting under the humiliating referendum defeat a faction of the hitherto naysayers has now found a cooling effect in leveling their gratuitous gibes at the PM. For the umpteenth time, they have indicted him of cruelly flaunting his power, while treating those who delivered the premiership to him as peons.

With such sentiments, I now believe that theirs is a classic example of legislators who believe that by using their old and most favored method of blackmail, they can hold the PM as a political hostage in order for them to remain relevant in this very fast -shifting political landscape. Unbeknown to them, such intemperance is only helping to project the PM as the best among the pack. With promptitude born of political astuteness, he has called for reconciliation and national cohesion in the post referendum period while some legislators are still busy spoiling for a brawl.

To begin with, it is naive of these legislators to imagine that the PM can ride roughshod over ODMs Parliamentary Group (PG) resolutions. Raila`s opinions are not necessarily identical with those of the PG, even though he is its party leader. Like any other party member, the best the PM can do is to appeal to the PG to re-evaluate its decisions. It is therefore utter disrespect of the PM as well as the party's PG for some legislators to insinuate that the PG is nothing more than the PMs errand boys.

Secondly, directing such flak at the PM clearly lends credence to the fact that their sustained opposition to the proposed constitution was just but surreptitiousness for the continuation of their efforts at undermining him.

Thirdly, notwithstanding my opposition to their exclusion from cabinet and CIOC, I dare say that these legislators must rest their case on the breast of honesty. They must not take advantage of the prevailing calls for reconciliation and national cohesion to start demanding for immediate amendments to the just ratified constitution. Like the American statesman Benjamin Franklin, I dare say that “if every legislator, in returning to his constituents, was to report the objections he has to the ratified constitution, and endeavor to gain partisans in support of the so called “contentious clauses”, they will definitely and completely prevent its being generally received, and thereby lose all the salutary effects and great advantages resulting from this constitution.”

Besides, if they so hanker to be included in the CIOC (as they expressly indicated in their Arboretum Luncheon), it is incumbent upon them to desist from their career of treachery and genuinely support the country's overriding desire for the implementation of the ratified constitution. They must be ready to allow the gradual thawing of relations in their parties as well as in the government or honorably ship out. It only takes a politician who is completely unable to confront his or her own conscience to remain in a party or a government whose policies he or she vehemently abhors.

TOME FRANCIS,
BUMULA,
http://twitter.com/tomefrancis

DEMOCRCY DEMANDS COUNTENANCE ON DIFFERENCES IN HONEST OPINIONS.

Debate on the fate of both Ministers and MPs who were opposed to the recently ratified constitution has become a national cause célèbre so much so that great remonstrance has arisen from many quarters. Some people have argued that because of their expressed opposition to the ratified constitution, parliament must lock them out of the Constitutional Implementation Oversight Committee (CIOC) and that the two principals must also cast the rebel ministers out of the Cabinet for the simple reason that they are likely to become stumbling blocks in the implementation of the ratified constitution.

These critics opine that failure by both parliament and the two principals taking drastic measures against the rebel ministers will be a very dangerous faux pas.

In my opinion, it is a non-sequitur to conclude that because of merely exercising their democratic right to oppose the proposed constitution they should be locked out of (CIOC) and sacked from cabinet altogether. We must forever be committed to the proposition that principles of democracy will never permit us to acquiesce to a move dictated by proscribing the inalienable rights of others. After all, the ratified constitution belongs to all of Kenyans irrespective of their vote during the referendum. This means that the legislation of laws necessary for the operationalization of a constitution cannot be achieved at the cost of proscribing those whose behavior is considered offensive to constitutionalism.

In any case, it is important to realize that in a coalition government such as ours, collective ministerial responsibility or party loyalty is something close to a myth. Here, unlike the Chinese proverb, “the crow must roost with the phoenix.” In other words, for reasons of political expediency, we have to exhibit some countenance on a whole complex of questions involving honest differences of opinion.

If, in their necessity to express their opinions during the referendum campaigns, they were offensive to anyone, it is quite unfortunate—the necessity must be obeyed. Criminalizing them on grounds of their past conduct or on the fear of their anticipated opposition to the legislation of the laws necessary for the operationalization of the ratified constitution is, in my estimation, a move fraught with dangers of excess and injustice and difficult to reconcile with best democratic principles. I am convinced that very little if any will be achieved by whittling away their individual liberties. In any case, what guarantees are there that the said “axis of evil” will not be active outside cabinet or CIOC?

I believe that if parliament, the civil society and the citizenry are vigilant enough, then we will be in a position to eternally guard against attempts of constitutional sabotage without the temptations to proscribe certain individuals from certain constitutional organs.

This is why the two principals in their wisdom have indicated that they will not accede to such inimical demands. The principals, like Eugene McCarthy understand, that, “being in politics is like being a football coach. You have to be smart enough to understand the game, and dumb enough to think it is important.”

TOME FRANCIS,
BUMULA.
http://rwitter.com/tomefrancis

BEWARE OF STRAW TELEVISION POLLS.

A number of television anchors from reputable media houses used “news polls” to consistently predict that the opponents of the proposed constitution would win the August plebiscite. The leadership of the No Team buoyed up by predictions of their success by the hitherto straw vote of the TV polls, rubbished as doctored the findings conducted by professional pollsters that indicated otherwise. Yet on the referendum day, the actual referendum results confounded both TV pollsters and the leadership of the naysayers. Proponents of the proposed constitution won with an unprecedented landslide margin.

This development has prompted many people to question whether it is proper for any Tom, Dick and Harry to purport to predict the outcome of an election based on a few text messages send by viewers either in support or against the proposed constitution.

Pundits fear that given the average or low literacy levels of many people, they are likely to believe such findings as gospel truth. The losers are likely to interpret an unfavorable outcome as arising out of an election malpractice, hence the risk of polarization. Just to put the scenario into proper perspective, a friend of mine bluntly told me that polls (TV) had forecasted a very big win for the naysayers and that any other outcome would be unacceptable. As I look back at the just concluded referendum, I shudder at what would have transpired had the referendum outcome been closely contested.

Unbeknown to many people, polling is a painstaking exercise that takes days or even months. This means that it can only be carried out by professionally trained pollsters. But even for trained pollsters, it still takes years of hard practice for them to release credible poll findings. It involves sampling, sampling units that must be representative, administration of a carefully thought out questionnaire, and interpretation of the data generated among many other professional requirements. It is not a matter of just receiving text messages and phone calls from viewers and hastily drawing untenable conclusions.

In any case, less than ten per cent of the Kenyan households have access to phones. Fewer even have television sets; hence participants in such a TV poll cannot be a true representative of the electorate. Furthermore, such findings suffer from credibility since they lack external validity and can thus not be generalized beyond the limited scope of the TV poll itself.

TOME FRANCIS,

BUMULA.

http://twitter.com/tomefrancis

INSTITUTIONALIZING LOW COST TEACHER CONTRACTING LIKELY TO KILL PROFESSION.

The trend to engage low cost teachers on short term contracts is rapidly increasing in many third world countries. To date, Niger has about half of its teaching force under short-term renewable contracts. Kenya, too, will beginning this month, employ new teachers on a three year renewable contract and they will be paid salaries far much less than those of their counterparts who are employed by the Teachers Service Commission (TSC) on permanent and pensionable terms. It is believed that the move was necessitated by the pressure of limited government budgets for education and increased demand resulting from efforts to ensure universal access to education.

From the government`s standpoint, this plan points to a very glistening future in that it (government) will among other things have the plasticity to make decisions on contracting low cost teachers as well as to make better use of them with finances being the least of its worries.

However, many stakeholders are scared stiff with the way the government is determined to gloss over serious ethical and legal concerns surrounding the whole exercise. To begin with, unlike in countries like Niger where paraprofessionals (lesser trained, lesser paid and employed teaching staff) are contracted and paid comparatively better, in Kenya fully trained and certified primary and secondary teachers will be contracted and paid a net salary of Kshs10, 000 and Kshs 15,000 respectively. It is also worth noting that those to be contracted will not be entitled to travel, medical and housing allowances. On housing for instance, CAP 226 clause 9 of the Employment Act states that “…it is the responsibility of every employer to provide reasonable accommodation for each of his employees…” In the same vein, it is also expected that the employer will provide medical as well as travel allowances to his employees. On this count alone, it is obvious that the government is in direct violation of the Employment Act.

Secondly, from the teachers’ standpoint, it is feared that the government will use low cost teacher contracting as a caveat to limit both the annual and negotiated salary increases and allowances payable to teachers who are in the permanent and pensionable employment.
Thirdly, and most worrisome, is the fact that the government appears to be showing a blatant disregard of the teaching profession as is evidenced in the fact that it can subject an individual who has labored for at least four years in the university training as a teacher to a form of employment whose terms are most debasing. Pundits project a serious depletion of teachers in the next five years. They argue that more and more would be teachers will shun teaching as a career. Many of those already in the profession will exit due to lack of adequate motivation.

In addressing the serious shortfall, the government will resort to paraprofessionals (quacks). This is obviously a far cry from what was envisaged in sessional paper No.1 of 2005 in which quality management of the education sector coupled with better remuneration of the teaching workforce were cited as the bedrock to the attainment of Universal Education for All(UFA) by 2015.

According to Dr. Alec Fyfe, an international consultant on education issues and a former staff member of the ILO and of UNICEF, low cost teacher contracting has an inverse relationship with the quality of education. He points out that the need to protect quality consequent on the use of low cost teacher contracting may very well nullify any intended cost savings.

From the foregoing, it is incumbent upon the government to rethink its strategy in managing education. The Kenyan Government must take its commitments under international standards soberly and appropriately. This entails devoting at least six per cent of the country`s national income to education. This, in my view, would make teaching an attractive profession which will in turn improve the quality of education in the country.

TOME FRANCIS,
BUMULA.
http://twitter.com/tomefrancis

HOW TO CONCEDE DEFEAT IN AN ELECTION.

Granted, a concession speech is often performed as an awkward, perfunctory gesture at a time of devastating stress. A question arises then as to whether it is possible for one to concede an election defeat and at the same time succeed in burnishing one`s reputation? In my view, it is quite possible. First and foremost, one must elect to make an elaborate speech that converts the combative imagery of defeat into metaphors of sport, chivalry, and epic quest. It is instructive for the speaker to deliver a conceding speech that is crispy and brief.

Secondly and most important, such a speech must be couched in patriotism. In other words, even as one concedes, it is critical that the speech promises to bring down walls of mistrust between contestants in a manner that will enable them to see the possibility of harvesting shared advantages in years to come. Thirdly, even if one is smarting from a humiliating defeat, he is advised not to betray any emotions. One must keep his cool.

Finally, but most important is that the leader must actually concede defeat. This means that the he must not engage in sophistry. Furthermore, any attempts at scape-goating will negate the purpose of a concession. Instead it becomes a contestation. Unlike, conceding, contesting serves to further inflame passions.

Unfortunately, this is what I made of Honorable William Ruto`s press conference at the Bomas of Kenya. It (press conference) was meant to concede the referendum defeat. Instead, listening to the audio of his address we find that, contrary to our expectations, Ruto was not so much conceding defeat as he was contesting the vote outcome.

First, an obviously bitter Ruto blamed external interference for the referendum loss. Then he praised those who voted against the proposed constitution and called them “true gallant sons and daughters of this country who were not swayed by the government`s massive propaganda machine.” Let us stop here for a while and re-examine this statement in detail. Was Honorable Ruto in any way suggesting that the super majority that voted for the proposed constitution were cowards and weak kneed? Or is it my mind that is playing some dirty tricks on me?

You can also imagine my surprise when Ruto questions the legitimacy of the ratified constitution on the grounds that it fell short of the international threshold. We all know that over seventy one per cent of the eligible voters turned out to vote. Sixty nine per cent of those who voted endorsed it.

But even more serious, is when Ruto says that a team (from both camps) must be constituted with a view to dialogue over the contentious issues before the promulgation of the new constitution. I interpret this remark to contain a veiled threat whose intent is obviously to torpedo parliament’s attempts at legislating new laws necessary for the operationalization of the ratified constitution in the event that his wish is not granted. This seems to me an awfully strange and rather
counterproductive move not only to constitutionalism but to democracy as well.

But, going back to the tutorial on conceding defeat, does anyone out there think that all these rhetoric was necessary in Ruto`s concession speech? Absolutely not, if you ask me. He only succeeded in ending up not with an egg on his face but with an omelet.

I hope that he will find it prudent to call another press conference very soon so that he can concede defeat in a more diplomatic manner and speed up political reunification.

TOME FRANCIS,
BUMULA.
http://twitter.com/tomefrancis

THE VOTERS` VERDICT IS OUT BUT THE REAL HURDLE TO CONSTITUTIONALISM STILL LOOMS LARGE.

The voters' verdict has left no room for any argument. Over sixty seven percent of those eligible to vote in the August 4 referendum went to the polls, and at least 69 percent of them cast their ballots for the proposed constitution.

While it is great jubilation for the proponents of the proposed constitution, the naysayers` leadership must be stunned at being buried by a landslide of unprecedented proportions. This margin puts to rest any fears on legitimacy as it clearly surpasses the international threshold requirement.

However, with the ratification of the proposed constitution, there is one last—and probably difficult hurdle to content with: reuniting the political class as well as the citizenry. It is worrying that even as we celebrate this accomplishment, the antipathy among the political class as well as the citizenry has gone a notch higher. If we allow this aversion to go on then it may have far-reaching effects on the quest for national cohesion.

Cognizant of the weight and sensibilities surrounding the just concluded referendum exercise, the two principals must immediately set the tone for the much needed national cohesion. They must endeavor to make the post referendum period a time for healing and a time for building the ties that bind our nationhood. It is therefore my sincere hope that in a gesture of national reconciliation and cohesion, they will find it most prudent not to sack nor force the cabinet ministers who went against the spirit of collective responsibility to resign. This gesture will send signals to all and sundry that our commitment to move forward as a united nation is paramount.

It is also extremely important that the political class makes an impassioned plea to the citizenry to understand the fact that the referendum outcome should not cause division but rather lift the morale of the nation and imbue it with a sense of unity so that together we can march with confidence into the great future. It is an open secret that political leaders have not made the case to tell the people living within the bounds of Kenya why they should care about one another. They (politicians) somehow, think that the evolution of a national identity will, one day, just happen, without anyone doing anything about it. It won`t.”

Lastly, as we move forward towards the fundamental alteration of our lives, I implore parliament to move with speed to put in place the necessary legislation for the implementation of the ratified constitution. The government too must ensure that there is an immediate and discernible will to prepare the citizenry for the transition process. This calls for the Government to immediately put in place civic education programmes to guide the citizenry on the transition process.

TOME FRANCIS,
BUMULA,
http://twitter.com/tomefrancis

THE DEATH SENTENCE HAS NO PLACE IN THE MODERN SOCIETY.

A number of people have expressed their displeasure with the decision by the Court of Appeal to declare the death sentence unconstitutional. They (critics) opine that in the absence of the death sentence nothing would prevent the dangers arising out of individual’s self preservation and aggrandizement. In other words, they feel that this mode of punishment acts as a deterrence mechanism to prospective incidences of murder and other capital offences. Secondly, they feel that the death sentence is the only means through which the feelings of those affected by that act of murder are assuaged.

However, such arguments are only simplistic, emotional than rational. In my opinion, arguments for the removal of the death sentence from our penal code far outweigh the arguments for its inclusion.

To begin with, the argument that a murderer, having committed murder, he or she should therefore be paid back in equal measure, is rather untenable, since death of the murderer or suspected murderer does not in any way add value to the one murdered or his living relations. In fact, it is doubtable whether indeed it can possibly assuage the feelings of the affected, hence the universal maxim “two wrongs do not make a right.” From the foregoing, it is crystal clear that the death sentence would only be but destruction and waste of yet another valuable life.

Moreover, there is not a single research entity the world over that has adduced evidence beyond any reasonable doubt that the death penalty does act as an effective deterrence against prospective murderers nor is there any evidence that shows that it has minimized incidences of criminals committing other capital offences in the society. Perhaps it is out of this firm belief that last year President Kibaki challenged the social science researchers to bring forth any statistical evidence which conclusively proves the contrary.

Furthermore, even if perchance such statistical evidence is adduced, there would still be a spurious relation between the administration of the death penalty and reduced capital offences in that particular society. The observed relation may be based on an unforeseen connection with some other phenomenon. For instance, there could be likelihood that that the government and the civil society engaged in initiatives to create awareness to the citizenry on the importance of non-violent lifestyles.

It is also important to note that a number of countries have already done away with this mode of punishment for reasons that it has no place in the modern society. Let us therefore think of commuting the death sentence to life imprisonment.

TOME FRANCIS,
BUMULA.

SAVE US FROM THESE ROGUE POLICE OFFICERS.

On July 30, 2010, Nairobi, a young man walked out of a commercial bank and was accosted by a group of snorting police officers whose keen sense of smell convinced them “beyond any reasonable doubt” that the said young man was from a robbery mission. They pounced on him and attempted to empty his pockets of the cash he had just withdrawn from the bank. Were it not for the timely intervention of the public the young man would probably have become part of the ever increasing statistics of police brutality and robbery with violence.

If it interests you, you will also have noted that even with the publicity that this incident attracted there was no suggestion of any kind of appeal to justice and no suggestion of any recompense for the grave and gratuitous damage which this young man endured. The young man`s tone was simply the tone of one who had miraculously survived from the jaws of death. Who knows, he could have died under a hail of bullets and a toy pistol planted on him-a most wanted criminal indeed!

But if the above incident leaves you distraught, you are probably lily-livered. Two weeks earlier in Kangemi, Nairobi, a 76 year old man happened to be in the streets where there was a great commotion. Many people, including frightened old women, little girls and boys were running from the police. Then the old man noticed three energetic male police officers (in frenzy) bludgeon up a defenseless woman like one would a viper. He spoke up and asked them, “Why are you beating her like that?” Startled by his unwarranted interference, one of them let his adept fingers pull the trigger and the old man fell down looking at the police officers, disbelief written allover his face. None of them appeared disconcerted at the old man`s twitching body nor the wailing of his anguished daughter. In fact, according to witnesses, these policemen engaged in some levity over the incident. The old man succumbed to the fatal bullet wound a few minutes later. He became yet another statistic of police brutality. One cannot possibly arrive at a more sure-fire formula for cruelty.

Yet, it would appear that this arrogant autonomy is guaranteed to some police officers by their superiors. Otherwise, why would they, ad infinitum, dare carry out acts which are pure anarchy? Whenever the top police brass is hard pressed for action against rogue officers, they bellow out the same stale lie of yesteryears “investigations will be carried out and officers found culpable will be disciplined.”

The worst part is that the same police officers investigate themselves, quite as though they were answerable only to themselves. But they cannot be allowed to be answerable only to themselves. They must be made to be answerable to the common man and woman. After all, this is the tax payer who remunerates them, and who they are legally sworn to protect. However, if in their estimation, the common man and woman is not a part of the “Kenyans” that they are supposed to protect, then allow me to say without fear of contradiction that all of the Kenyan police force is but a big fraud.

TOME FRANCIS,
BUMULA.
http://twitter.com/tomefrancis

POLLSTERS FINDINGS ABOVE REPROACH.

Poll opinions for predicting results few months or weeks to major elections have been very popular since the 1940s. Admittedly, errors have been committed leading to false predictions. For instance, errors have occurred mainly due to sample procedures where pollsters, for reasons of economy or expediency, sometimes make compromises with rigorous statistical requirements.

But it also true that within this time span, techniques of public opinion research and polling have tremendously improved. Efforts have been made (and are still being made) to eliminate bias in selection of respondents, to improve the quality of questionnaires, and to train able and reliable interviewers. Leading social scientists such as Richard Lau have provided important milestones in the sampling methodology that have led to immense success in polling.

With such great strides in social science research, it is unlikely that a pollster can engage in any professional malpractice without being discovered and shamed. However, in the event that one doubts poll findings, the only way to confirm the objectivity of such findings is to engage in a similar research exercise. Intersubjectivity comes in handy. This entails the sharing of observations and factual information among social scientists. But relying on an unprofessional and mundane source such as a poll opinion (conducted in a matter of minutes) by a news anchor to dispute the findings of professional pollsters is a complete mockery of the scientific research process.

To begin with, unlike interviewers in the field, the news anchor has no way of telling whether those polling are registered voters or not. Secondly, only those people who are economically advantaged as to own a mobile phone (that is loaded with airtime) and a television set qualify to give an opinion. This means that economically empowered people would be overrepresented in such an exercise. In other words registered voters who are poor but who are likely to vote in the forthcoming referendum would be underrepresented in the so called “opinion poll over opinion polls” carried out by the said news anchors. Such shortcomings are easily overcome by trained interviewers out in the field.

From the foregoing, I find the allegations leveled against the leading Kenyan pollsters by the opponents of the proposed constitution quite preposterous. Such unfortunate claims attributed to some naysayers are a manifestation of a defeatist attitude and are at best pure sensationalism whose intent is to divide the Kenyan people into two hostile camps.

TOME FRANCIS,
BUMULA.
http://twitter.com/tomefrancis

WILL COUPLES BOYCOTT THIS VIRILE COMBAT?

I must admit that last week I came across one of the most dramatic headlines arising out of a mounting inability by some scientists to cope with the HIV/AIDS scourge. We may be used to scientists coming up with a raft of measures to stem the rising tide of the HIV/AIDS scourge but that is nothing compared to what some inspired scientists came up with last week. They talked about couples (and even commercial sex workers and their faithful clients) boycotting from this uplifting experience for a month as a means of reducing new infections. Really!

Allow me to say with a lot of conviction that this latest strategy (if it qualifies to be called a strategy) will not work in Kenya. First and foremost, July and August are the coldest months here. They are the sorts of our winter. I guess that the possibility of a couple full of virility attempting to even think of such a boycott will be remotest. At this time, people have a craving for this natural warmth so much than food itself. This explains why Kenya has a baby boom nine months after this “winter.”

Secondly, many people in this third world country live below the poverty line. Anyone who has gone through this debilitating experience will tell you that poor folks resort to sex as the only means to overcome the pangs of hunger and a litany of other social problems albeit temporarily. If these scientists have been wondering why these poor chaps despite the excruciating poverty, still adorn permanent glees on their faces, they should wonder no more. Sex provides the much needed fissure through which the pent up frustrations can temporarily be let out by fellows whose spirits have been ruffled by poverty. It is sought of an anesthesia.

So anybody coming up with a mundane suggestion that promises to erase these glees from their faces runs the risk of being called insane. That is why my polygamous old man back in my rural village is fond of declaring to all and sundry that he may be materially poor but that he is very rich when it comes to counting the number of children he has!

But the joke of it all is in the implementation of the proposal for the simple reason that it is extremely difficult to monitor and evaluate its success. I bet its architects do not have the capacity to install CCTV cameras in every bedroom to check the proximity of couples in the comfort of their bedrooms.

That is why these folks are charging that these scientists have grossly misdirected their efforts, that instead of upping their efforts in searching for a cure of this disease, they advocate a month long abstinence which in their estimation is only effective to couples whose muscular strength and virility has worn down to a thread. In other words they do not see the reason why a soldier who still has a good stock of ammunition should retreat from this virile combat.

TOME FRANCIS,

BUMULA,

http://twitter.com/tomefrancis

LET NOT THE REFERENDUM TWIST SINEWS OF OUR NATIONHOOD.

The Inuit (who are the natives of Canada) have a saying that states that “even if you disagree fiercely with your neighbor, you still have to trust him with the harpoon at the ice edge.” It struck me that the knowledge of this conventional wisdom can help us understand the strength and the beauty that is present in our diversity.

If only we elect to emulate the calmness and civility of the traditional Inuit then we will begin to see the wisdom in not allowing anybody to incite us into dismembering our nationhood after the 4th of August. I say this because many of our politicians have always perfected the “false label trick” often referred to as the Hitlerite technique of sanitizing “the big lie” to create chaos as a means of maintaining the status quo. In order to make the lie look real, they engender fear and animosity, appealing to people`s ethnic identities, fomenting disturbances and filling people`s ears with all sorts of inflammatory speeches to charge them against others.

But I implore all Kenyans of goodwill not to follow such politicians in their wicked ways. We must begin to actively dissociate ourselves from their dangerous cult of opportunism, double-talk and chicanery. We must begin to unequivocally demand that any politician who speaks in pompous double-talk interspersed with negative ethnicity and pure hatred against any section of the Kenyan citizenry in an attempt at urging us to a course whose intent is to break up our nationhood must be incarcerated.
On the 4th of August we shall have an opportunity; clear and shining for our country. I pray that the constancy of mind, persistency of purpose, and the grand simplicity of decision shall guide and rule our conduct on this special day. I have no doubt whatsoever that we shall prove ourselves equal to this severe requirement.

It is my firm conviction that we shall never again let ourselves to be willing victims of their cynical indifference and weltering web of confusion that they so desperately try to subject the country to. I have no doubt whatsoever that on the 4th of August we shall step outside our ethnic enclaves so that together we can truly appreciate our nationhood. Kenya shall still have sinews of permanent peace.
Lastly, in borrowing the words of the American poet Wallace Stevens, I pray that we shall step outside our ethnic ways of perceiving reality, so that we can see “the moon and not the image of the moon.”

TOME FRANCIS,
BUMULA.
http://twitter.com/tomefrancis