The implementation of the Kenya Education Sector Support Program (KESSP) was seen as a final bright star falling into alignment. However, nine years down the line, this program is on the verge of collapse. Close to 4.6 billion of the total money injected into KESSP has been embezzled.
Yet the government is desperately and frantically engaged in semantics in a bid to downplay the enormity of this embezzlement. What the public is hearing is that this money has been misappropriated. However, there is a huge gulf in terms of meaning between embezzlement and misappropriation. The latter may occur due to unauthorized and unregulated virement. On the other hand, embezzlement is outright theft of public finances. So far all indications are that this is an outright act of embezzlement. In fact a few individuals are set to appear in court for theft. However the money that these individuals are alleged to have stolen is less than two hundred million. The million dollar question is where is the rest of the over four billion shillings?
There can only be two plausible explanations. First it could be that though the money was allocated to the Ministry of Basic Education, treasury did not release all of it. This explains why Professor Ongeri has requested parliament to give him more time to reconcile figures. He probably has a point given that treasury has of late been a target of unrelenting opprobrium especially from the Ministry of lands for allegedly sitting pretty on money meant for the resettlement of IDPS. Treasury has on the other hand insisted that it had duly released all the funds. To date, intrigues still surround these funds. Given this history with treasury it is only after Professor Ongeri reconciles the figures that the public can determine the whereabouts of the unaccounted billions.
The second explanation is that a few bureaucrats in the Ministry of Basic Education are being used as a smokescreen to conceal the real faces behind the four billion scam. Obviously the real culprits are people high up in the citadel of political power. They probably need these billions to put in place effective political campaign machinery that will shake all the four corners of the country. KESSP thus became a perfect conduit pipe to harness the necessary billions. This could explain why Professor Ongeri is unshaken even as the public is exposed to the damning audit report. Later he had the gall to furiously spin strange tales in parliament. He even indicted the public for demanding for his immediate resignation. In the opinion of Professor Ongeri anyone remotely associating him with this scam must be too benighted, uncomprehending or completely misinformed. It is hardly surprising that he imagines that calls for his resignation are an “orchestrated evil scheme” to bring him down politically. To this end, he has sought parliament’s protection!
According to Professor Ongeri the fact that his name is not mentioned anywhere in the audit report is enough for him to be vindicated. But there is something in his demeanor that savors of deceit. His utterances are indicative of a minister shirking responsibility. He must be reminded that as the substantive minister, he is the chief custodian of public funds in the ministry of Basic Education. He has the responsibility of ensuring that any public finances including debts incurred by the Government on behalf of the Kenyan people is managed and administered in a transparent and accountable manner.
In this regard, I implore parliament not to take seriously Ongeri`s rhetoric for in so doing parliament will only be sanctifying the depths of his errors and imagine (as he has done) that there are hidden motives in the public`s call for his resignation. Contrary to what Ongeri believes, this insidious scheme threatens to bring down (not him), but the future of millions of the poor Kenyan children and the future of the country as a whole.
His denial reminds me an Igbo saying that states that “a rock behind the sea does not hear rainfall even if it rains torrentially.” This is because such a rock is always wet to notice the rain. Like this rock, Professor Ongeri is absolutely drenched in the FPE scam. No matter the torrential outpouring of complaints from the public, he is simply tone deaf.
Finally, the true picture on graft among public officers would be incomplete if President Kibaki`s nine year presidency that has been punctuated by stunning inaction is omitted. The only time he seemed active was last year when he suddenly found the voice to denounce the PM`s suspension of professor Ongeri and William Ruto over corruption allegations. Later on he gave a fiery speech in parliament whose unmistakable intention was to lambast the PM. Furthermore, reports that President Kibaki is keen to have suspended Higher Education Minister William Ruto back in the Cabinet despite the fact that he was acquitted on frivolous grounds is indicative of the fact that President Kibaki is least interested in converting his rhetoric on graft into action.
President Kibaki must know that his inaction on corruption is a huge blot in his nine year legacy. It is high time he took notice of the public discontent with the state of affairs and took the necessary action against corrupt public officers.
Saturday, June 18, 2011
Sunday, June 5, 2011
LET US NOT USE THE OLD CONSTITUTION AS A CONDUIT FOR CONVEYING OUR EVIL INTENTS INTO THE NEW CONSTITUION.
Barring the court case, the budget is going to be read to parliament this week. This is besides the fact that there has been no appropriation bill under consideration, no debate on the floor of the house. Yet buried deep in the Finance Minister`s response to the brisk criticism of his unwillingness or purported inability to live up to the provisions of the new constitution is his characteristic haughtiness. Never mind that this haughtiness is coming from a presidential hopeful!
Besides his failure to present an appropriation bill to the August House he has previously never met any deadline in the presentation of annual or supplementary budgetary estimates. Even worse is the fact that there has always been a glaring “mistake” in the same estimates. Yet he has the gall to tell us that the implementation of budgetary accounting and public management reform takes time. He also mumbled something to the effect that there is need of training and the necessity of a cultural change before meeting the constitutional requirement on public finances as entailed in the new constitution.
This is hubris. First, I have examined the chapter on public finances with a fine- toothed comb and suffice to say that there is nowhere where it envisages that one can anchor his indolence in the old constitution while implementing the new constitution. Secondly, it is inexcusable for the finance minister to quote time constraints when we know too well that the Ministry of Finance is inundated with the best economists and software that can shorten the budget making exercise to just a fraction of the analogue years.
It therefore goes without saying that by choosing to present the annual appropriations at his convenience, the minister is in fact rubbishing article 221 of the new constitution which makes it explicitly clear that for the envisaged scrutiny to take place, the Cabinet Secretary (Now the Minister for Finance) has to submit to the August House estimates of the revenue and expenditure of the national government for the prospective financial year at least two months before the end of the financial year. By extension, he has flouted the entire chapter on public finances which substantially extends the legislatures` right regarding scrutiny of annual appropriations. It seems to me that the minister is unhappy that Parliament has a right to fuller and more relevant information; the kind of information that bestows upon it real strategic steering power.
His failure is thus not informed by the constraints of time but rather by the fear of the legislature exercising power over the purse. He knows as much that this power over the purse is a complete and effectual weapon with which legislators can obtain a redress of every grievance, and carry into effect every just and salutary measure. The minister fears the fact that there is an elephant in the budget detail revolving around projected government expenditure in the national as well as county governments.
In fact when parliament indicated that it will give him the leeway to flout the provisions of the chapter on public finances, he breathed a sigh of relief. He took it as the triumph of his desires over the national and county interests. He had simply managed to trick the legislature into believing that any roadblock to the presentation of the budget to the August House or the unnecessary delay in the adoption of the budget will lead to delays in their salaries, hence the urgency to have the budget adopted in the blink of an eye. Unbeknown to many such a scenario is aptly provided for in article 222(1, 2a, b and c) of the new constitution.
By abdicating a role so sacrosanct legislators have indicated their willingness to opening wide the sluice-gates of corruption in the budgeting process. This is because even though the planning and programming stage of the budgetary process does not entail handling of the actual money flow, it constitutes part of the budgetary corruption process that manifests itself in the actual payments or transfers of money at the budget execution stage. It therefore goes without saying that if the preliminary stages are poorly executed, the danger of cascading corruption opportunities become real.
But then in a sense, our inebriate parliament has been in a pro-forma session all year. Beyond a few ho-hum pieces of legislation—legislators could have taken a nine month holiday at the sun and sin resort and the country would be none the worse. Although we know that the most pressing issue facing our country is the runaway inflation and the staggering high cost of living occasioned by corruption and poor governance parliament is simply not embarrassed to set a new standard for dereliction of duty.
Besides his failure to present an appropriation bill to the August House he has previously never met any deadline in the presentation of annual or supplementary budgetary estimates. Even worse is the fact that there has always been a glaring “mistake” in the same estimates. Yet he has the gall to tell us that the implementation of budgetary accounting and public management reform takes time. He also mumbled something to the effect that there is need of training and the necessity of a cultural change before meeting the constitutional requirement on public finances as entailed in the new constitution.
This is hubris. First, I have examined the chapter on public finances with a fine- toothed comb and suffice to say that there is nowhere where it envisages that one can anchor his indolence in the old constitution while implementing the new constitution. Secondly, it is inexcusable for the finance minister to quote time constraints when we know too well that the Ministry of Finance is inundated with the best economists and software that can shorten the budget making exercise to just a fraction of the analogue years.
It therefore goes without saying that by choosing to present the annual appropriations at his convenience, the minister is in fact rubbishing article 221 of the new constitution which makes it explicitly clear that for the envisaged scrutiny to take place, the Cabinet Secretary (Now the Minister for Finance) has to submit to the August House estimates of the revenue and expenditure of the national government for the prospective financial year at least two months before the end of the financial year. By extension, he has flouted the entire chapter on public finances which substantially extends the legislatures` right regarding scrutiny of annual appropriations. It seems to me that the minister is unhappy that Parliament has a right to fuller and more relevant information; the kind of information that bestows upon it real strategic steering power.
His failure is thus not informed by the constraints of time but rather by the fear of the legislature exercising power over the purse. He knows as much that this power over the purse is a complete and effectual weapon with which legislators can obtain a redress of every grievance, and carry into effect every just and salutary measure. The minister fears the fact that there is an elephant in the budget detail revolving around projected government expenditure in the national as well as county governments.
In fact when parliament indicated that it will give him the leeway to flout the provisions of the chapter on public finances, he breathed a sigh of relief. He took it as the triumph of his desires over the national and county interests. He had simply managed to trick the legislature into believing that any roadblock to the presentation of the budget to the August House or the unnecessary delay in the adoption of the budget will lead to delays in their salaries, hence the urgency to have the budget adopted in the blink of an eye. Unbeknown to many such a scenario is aptly provided for in article 222(1, 2a, b and c) of the new constitution.
By abdicating a role so sacrosanct legislators have indicated their willingness to opening wide the sluice-gates of corruption in the budgeting process. This is because even though the planning and programming stage of the budgetary process does not entail handling of the actual money flow, it constitutes part of the budgetary corruption process that manifests itself in the actual payments or transfers of money at the budget execution stage. It therefore goes without saying that if the preliminary stages are poorly executed, the danger of cascading corruption opportunities become real.
But then in a sense, our inebriate parliament has been in a pro-forma session all year. Beyond a few ho-hum pieces of legislation—legislators could have taken a nine month holiday at the sun and sin resort and the country would be none the worse. Although we know that the most pressing issue facing our country is the runaway inflation and the staggering high cost of living occasioned by corruption and poor governance parliament is simply not embarrassed to set a new standard for dereliction of duty.
Friday, May 20, 2011
POLITICIANS AND NOT POLLSTERS HAVE A DIABOLICAL CONTROL OVER THE MINDS OF THE MASSES.
Poll opinions, especially in the form of pre-election polling are standard tools for the political class 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, the public is continually inundated with harsh criticisms against pollsters. 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. Some politicians have even opined that pollsters are used as agents for influencing people’s attitudes and behavior especially in political contests. In other words, they see poll opinions as effective political propaganda tools.
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 prospective general election. At no time would they pour cold water on the poll nor would they declare it a straw poll.
In tenaciously clinging to the view that poll opinions exercise diabolical control over the voters` minds politicians will be exhuming the long discounted theoretical framework of uniform media effects. Consequently, to allege without any empirical evidence whatsoever that opinion polls can influence masses to favor a political faction that seems to be enjoying a notable popularity at the time is a little short of flaunting ones ignorance.
According to Paul Lazarsfeld, even though the mass media (of which poll opinions are part and parcel of) is very influential in awareness creation, it has very minimal effect on changing people’s attitudes and behavior. People vote based on ethnic considerations as well as socio-economic predispositions, hence media’s role is minimal and accounts for very little if any conversions.
In his research on persuasion, Carl Hovland further corroborated Lazarsfeld`s view when his research on persuasion brought to an end the era of the viability of the powerful media effects theory. Much effort was instead directed at finding the magic keys to persuasion. Today, many scholars in the communication field hold the view that politicians as opinion shapers hold these keys. This is because the word of mouth is more powerful than an opinion poll; hence a politician only needs to be eloquent enough to win over people and put them at his disposal. Politicians also mediate media messages, churn propaganda and counter arguments which serve to remove or dilute the partisan doubts and to refute the opposition’s arguments which the voter encounters in exposure to media. This creates security, stabilizes and solidifies voters’ intention, and translates into actual votes or desired actions. This is what happened before, during and after the 2007 Post Election Violence.
From the foregoing, it is incorrect for a section of the political class to opine that people are incited to violence or unwittingly change their attitudes and behavior in support of a faction that is enjoying a roller-coaster courtesy of the pollsters.
As for the appropriateness of the polls, it is incumbent upon the political class to understand that scientific polling is not a matter of lottery. Here, proper techniques are employed and the sample is representative hence the results obtained are close to the results one would get if the entire population was to be surveyed. This means that if 46 percent of the sample surveyed thinks that a certain politician is the likely candidate to win the presidency, statistical theory can corroborate that even if the whole population was to be surveyed, the probability is 95 percent that between 44 to 48 percent of the people would express the same approval as the sample.
Politicians must also be advised that pollsters only tell them 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 sway voters in their favour. 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.
In the event that 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 gagging pollsters will in any way prolong the careers of politicians rather 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. Furthermore, such a move is unconstitutional as it will only serve to roll back the democratic gains that this country has so far achieved.
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. Some politicians have even opined that pollsters are used as agents for influencing people’s attitudes and behavior especially in political contests. In other words, they see poll opinions as effective political propaganda tools.
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 prospective general election. At no time would they pour cold water on the poll nor would they declare it a straw poll.
In tenaciously clinging to the view that poll opinions exercise diabolical control over the voters` minds politicians will be exhuming the long discounted theoretical framework of uniform media effects. Consequently, to allege without any empirical evidence whatsoever that opinion polls can influence masses to favor a political faction that seems to be enjoying a notable popularity at the time is a little short of flaunting ones ignorance.
According to Paul Lazarsfeld, even though the mass media (of which poll opinions are part and parcel of) is very influential in awareness creation, it has very minimal effect on changing people’s attitudes and behavior. People vote based on ethnic considerations as well as socio-economic predispositions, hence media’s role is minimal and accounts for very little if any conversions.
In his research on persuasion, Carl Hovland further corroborated Lazarsfeld`s view when his research on persuasion brought to an end the era of the viability of the powerful media effects theory. Much effort was instead directed at finding the magic keys to persuasion. Today, many scholars in the communication field hold the view that politicians as opinion shapers hold these keys. This is because the word of mouth is more powerful than an opinion poll; hence a politician only needs to be eloquent enough to win over people and put them at his disposal. Politicians also mediate media messages, churn propaganda and counter arguments which serve to remove or dilute the partisan doubts and to refute the opposition’s arguments which the voter encounters in exposure to media. This creates security, stabilizes and solidifies voters’ intention, and translates into actual votes or desired actions. This is what happened before, during and after the 2007 Post Election Violence.
From the foregoing, it is incorrect for a section of the political class to opine that people are incited to violence or unwittingly change their attitudes and behavior in support of a faction that is enjoying a roller-coaster courtesy of the pollsters.
As for the appropriateness of the polls, it is incumbent upon the political class to understand that scientific polling is not a matter of lottery. Here, proper techniques are employed and the sample is representative hence the results obtained are close to the results one would get if the entire population was to be surveyed. This means that if 46 percent of the sample surveyed thinks that a certain politician is the likely candidate to win the presidency, statistical theory can corroborate that even if the whole population was to be surveyed, the probability is 95 percent that between 44 to 48 percent of the people would express the same approval as the sample.
Politicians must also be advised that pollsters only tell them 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 sway voters in their favour. 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.
In the event that 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 gagging pollsters will in any way prolong the careers of politicians rather 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. Furthermore, such a move is unconstitutional as it will only serve to roll back the democratic gains that this country has so far achieved.
Tuesday, May 17, 2011
WHERE IS KENYA`S COMMANDER IN CHIEF OF THE ARMED FORCES?
Had he been conscripted in the Whiteman’s Army, President Kibaki could perhaps be in the top echelons of our armed forces today. He was a passionate proponent of Kenya`s sovereignty. He wanted to defend his country from any form of external aggression. However, the Colonial Government shattered his boyhood dreams. It could not trust a native of central province in the army. Undeterred, he consumed the Whiteman`s books with an unparalleled appetite. He wanted to become a Professor of economics. His academic conquests awed many even though he did not go beyond a master`s degree. As fate would have it, his entry into the thick of politics saw him become Kenya`s Commander in Chief of the Armed Forces. His boyhood dream was thus fulfilled.
But the Kibaki who last week graced the swearing in ceremony of President Museveni was a stark difference from the younger Kibaki. He quietly smiled as his host ranted about the principles of mutual respect for territorial integrity, nonaggression, noninterference, equality and mutual benefit, and peaceful co-existence with neighbors. As these words majestically rolled off his tongue his belligerent army was busy displaying the grandeur of its power through terrorizing Kenyan citizens on Migingo and Ugingo. I wondered whether President Kibaki missed the fact that Museveni`s speech was underlain by a sharp contrary meaning.
The preceding week had seen some of Kenya’s political elites visit Todonyang. They were shocked at the massacre visited upon the Kenyans as well as the extent of annexation of Kenya`s territory. Upon their return to Nairobi they were patriotic enough to move a motion on the floor of the House urging the Kenyan Government to safeguard our territorial integrity, sovereignty and security. In short they were telling President Kibaki to smell the coffee. After all he is the Commander in Chief of Kenya`s Armed Forces, hence the onus for safeguarding Kenya`s sovereignty is on him. Like these legislators, I cannot figure out why President Kibaki watches in grotesque silence as those with gargantuan expansionist appetite grab hold of our sovereignty and nail it on the altar of illiberalism. Are we living on borrowed sovereignty?
Buoyed by President Kibaki`s silence Kenya`s coalition government has increasingly spoken at cross-purposes on an issue as sacrosanct as our sovereignty. For instance, two years ago the government spokesperson (whose views are largely reflective of PNU`s body politic) was of the view that Migingo Island was too small an Island to put strain on bilateral relations between Kenya and Uganda. He seemed to be saying that we could trade off this ‘insignificant” island with bilateral relations! I bet he is still flaunting Kenya`s sovereignty even as its territory is annexed by the day. I implore him that for once he should withdraw into the citadel of reason and debouch with the cannon of truth.
Besides the political class, Kenya`s army is another terrible eyesore. It is the only army on the face of the earth that is populated with sons and daughters of the rich. In the street parlance they are called cerelac babies. A couple of months ago I heard a story of how so many of the army cadets fainted in droves during a week`s expedition on Mount Kenya. They could not just pass the fitness test. This is in sharp contrast with the administration police who on being subjected to the same test, passed with flying colours.
Apart from the soldiers` fitness is also the question of the runaway corruption in the army that has largely been responsible for the procurement of dilapidated equipment. The disadvantage in equipment as well as in training makes our army a less formidable force perhaps in the whole of Africa.
It therefore follows that unless and until we address these inadequacies, we may as well be contended with the fact that our army will continue to earn huge perks as well as promotions up the ranks through demonstration of their valiance in combats that only succeed in killing innocent Kenyan babies as happened recently at Maroroi in Ngong.
Just in case President Kibaki is unaware, let him know that the public is annoyed. They want him to be the commander that he so earnestly wished to be. They want him to replace this effete army with strong, valorous and patriotic Kenyans so that they can shatter those who wish to turn our liberty into a grave yard.
I presume that President Kibaki would heed the people`s call. I presume that he does not wish to be remembered as a Commander in Chief “who appeared dissipated, increasingly fatalistic and totally indifferent to the danger that the country was in; a Commander in Chief who never said a foolish thing, but one who never did a wise thing either, a Commander in Chief who at the sight of the people`s suffering donned blinders. The Gikuyu of Kenya have a name for this type of a Commander- “Kiguoya.”
But the Kibaki who last week graced the swearing in ceremony of President Museveni was a stark difference from the younger Kibaki. He quietly smiled as his host ranted about the principles of mutual respect for territorial integrity, nonaggression, noninterference, equality and mutual benefit, and peaceful co-existence with neighbors. As these words majestically rolled off his tongue his belligerent army was busy displaying the grandeur of its power through terrorizing Kenyan citizens on Migingo and Ugingo. I wondered whether President Kibaki missed the fact that Museveni`s speech was underlain by a sharp contrary meaning.
The preceding week had seen some of Kenya’s political elites visit Todonyang. They were shocked at the massacre visited upon the Kenyans as well as the extent of annexation of Kenya`s territory. Upon their return to Nairobi they were patriotic enough to move a motion on the floor of the House urging the Kenyan Government to safeguard our territorial integrity, sovereignty and security. In short they were telling President Kibaki to smell the coffee. After all he is the Commander in Chief of Kenya`s Armed Forces, hence the onus for safeguarding Kenya`s sovereignty is on him. Like these legislators, I cannot figure out why President Kibaki watches in grotesque silence as those with gargantuan expansionist appetite grab hold of our sovereignty and nail it on the altar of illiberalism. Are we living on borrowed sovereignty?
Buoyed by President Kibaki`s silence Kenya`s coalition government has increasingly spoken at cross-purposes on an issue as sacrosanct as our sovereignty. For instance, two years ago the government spokesperson (whose views are largely reflective of PNU`s body politic) was of the view that Migingo Island was too small an Island to put strain on bilateral relations between Kenya and Uganda. He seemed to be saying that we could trade off this ‘insignificant” island with bilateral relations! I bet he is still flaunting Kenya`s sovereignty even as its territory is annexed by the day. I implore him that for once he should withdraw into the citadel of reason and debouch with the cannon of truth.
Besides the political class, Kenya`s army is another terrible eyesore. It is the only army on the face of the earth that is populated with sons and daughters of the rich. In the street parlance they are called cerelac babies. A couple of months ago I heard a story of how so many of the army cadets fainted in droves during a week`s expedition on Mount Kenya. They could not just pass the fitness test. This is in sharp contrast with the administration police who on being subjected to the same test, passed with flying colours.
Apart from the soldiers` fitness is also the question of the runaway corruption in the army that has largely been responsible for the procurement of dilapidated equipment. The disadvantage in equipment as well as in training makes our army a less formidable force perhaps in the whole of Africa.
It therefore follows that unless and until we address these inadequacies, we may as well be contended with the fact that our army will continue to earn huge perks as well as promotions up the ranks through demonstration of their valiance in combats that only succeed in killing innocent Kenyan babies as happened recently at Maroroi in Ngong.
Just in case President Kibaki is unaware, let him know that the public is annoyed. They want him to be the commander that he so earnestly wished to be. They want him to replace this effete army with strong, valorous and patriotic Kenyans so that they can shatter those who wish to turn our liberty into a grave yard.
I presume that President Kibaki would heed the people`s call. I presume that he does not wish to be remembered as a Commander in Chief “who appeared dissipated, increasingly fatalistic and totally indifferent to the danger that the country was in; a Commander in Chief who never said a foolish thing, but one who never did a wise thing either, a Commander in Chief who at the sight of the people`s suffering donned blinders. The Gikuyu of Kenya have a name for this type of a Commander- “Kiguoya.”
Wednesday, May 4, 2011
INFLATION: GOVERNMENT BITING THE VERY HAND THAT FEEDS IT.
In the early hours of this week`s Tuesday night, Nairobi city and its environs was engulfed in torrential rainfall. Drenched but resilient commuters trekked to their respective homes. Like them, I too was dog-tired of constant fare hikes occasioned by unethical practices such as fuel hoarding by cartels and the resultant exorbitant fuel prices. Along the way, we discussed about many issues if only to mollify the effect of the unrelenting rainfall.
I listened to the torrents of their afflictions. Looking into their pained faces it occurred to me that theirs was the anguish of the entire nation. It was the anguish occasioned by an unfeeling parliament. In fact one of them referred to it as “The Shrine of Pomposity.” Another one called it “A Hall of Pretentiousness.” I could not agree more with them. It occurred to me that ours is a country truly populated by an abundance of legislators but it is hampered by a dangerous dearth of leaders.
At hand is a direful situation that would drive nuts any responsible leader, but our legislators are more than usual calm. Frankly, they do not give a damn as the country`s economy totters on the brink of collapse courtesy of the “Leviathan Inflation.” What we have are legislators who will pretend to empathize rather than risk offending us by telling us to peacefully manage our own pangs of hunger.
Our legislators have succeeded in subjecting us to sustained and undisciplined extravaganza of incoherence as hyper-inflationary conditions breed normlessness. We are witnessing a generation of the business class that is busy manipulating prices to rake in huge profits in order to stay ahead of the current “inflation.” Our legislators have remained conspicuously silent when a coterie blames our country`s economic vicissitudes on turmoil in the global oil market when the truth is that it is the government`s incoherent policies in the energy sector, inability to address persistent drought conditions, political tensions and absence of sound fiscal policies that have largely seen our country`s economy nearly obliterated. It is this colossal inability to effectively and efficiently manage the country`s affairs that will tend to keep inflation present in the economy even when the original reasons for it occurring will long have gone.
Secondly, much as honorable Ephraim Maina may have very noble intentions in reintroducing the Price Control Bill I am afraid that it will suffer the same fate it suffered last year. Just last year, attempts at putting in place price regulation mechanisms for essential products sparked controversy with FKE stating that any curb of Kenya`s unrestrained free enterprise is anathema. Majority of the Legislators will most definitely give this revised bill a wide berth given that most of them are themselves merchants, consequently, a price stabilization mechanism will stand in the way of their in-built avarice.
Thirdly, legislators have maintained a studious silence even as the government proposes to increase taxation on salaried workers (the very hand that feeds it) as one of the many measures of bringing down inflation. It behooves the intelligence of the salaried workers that legislators and owners of capital, who already own most of the wealth, will almost be getting a free ride. The corporate chieftains and other shareholders will continue getting full benefit of any profit from the paper shuffling of their businesses, while anyone earning more than the median wage gets more and more of their income sequestered by the government.
They are dead silent because the bulk of their money is made up of their untaxed allowances. They live in a glass house and they cannot afford to throw stones. For the citizenry, this is a very serious and unfair discrimination. In fact, it is a recipe for the haves continuing to gain more, while the have-nots bear the brunt of leveraging the economy. Despite the public`s persistent demands that such allowances be taxed, the MPs have remained largely unmoved. We must reiterate for the umpteenth time that income is income and should consequently be taxed the same.
While these conceited and infantile exhibitionists do what they know best in their “Shrine of Pomposity,” almost every other day a new story of institutional and individual graft will be churned out to the trekking Kenyans rendering the likes of Triton and Goldenberg a mere child`s play. The trekking Kenyans are the chosen few on the face of the earth who can peacefully live and breed double fold amid a biting inflation, debilitating corruption and diseases.
I cannot agree more with French Canadian film director Denys Arcand when he opines that “as civilizations approach collapse, people become more concerned about their own gratification than about their social responsibilities.” Indeed, our legislators seem intent on proving this theory correct.
I listened to the torrents of their afflictions. Looking into their pained faces it occurred to me that theirs was the anguish of the entire nation. It was the anguish occasioned by an unfeeling parliament. In fact one of them referred to it as “The Shrine of Pomposity.” Another one called it “A Hall of Pretentiousness.” I could not agree more with them. It occurred to me that ours is a country truly populated by an abundance of legislators but it is hampered by a dangerous dearth of leaders.
At hand is a direful situation that would drive nuts any responsible leader, but our legislators are more than usual calm. Frankly, they do not give a damn as the country`s economy totters on the brink of collapse courtesy of the “Leviathan Inflation.” What we have are legislators who will pretend to empathize rather than risk offending us by telling us to peacefully manage our own pangs of hunger.
Our legislators have succeeded in subjecting us to sustained and undisciplined extravaganza of incoherence as hyper-inflationary conditions breed normlessness. We are witnessing a generation of the business class that is busy manipulating prices to rake in huge profits in order to stay ahead of the current “inflation.” Our legislators have remained conspicuously silent when a coterie blames our country`s economic vicissitudes on turmoil in the global oil market when the truth is that it is the government`s incoherent policies in the energy sector, inability to address persistent drought conditions, political tensions and absence of sound fiscal policies that have largely seen our country`s economy nearly obliterated. It is this colossal inability to effectively and efficiently manage the country`s affairs that will tend to keep inflation present in the economy even when the original reasons for it occurring will long have gone.
Secondly, much as honorable Ephraim Maina may have very noble intentions in reintroducing the Price Control Bill I am afraid that it will suffer the same fate it suffered last year. Just last year, attempts at putting in place price regulation mechanisms for essential products sparked controversy with FKE stating that any curb of Kenya`s unrestrained free enterprise is anathema. Majority of the Legislators will most definitely give this revised bill a wide berth given that most of them are themselves merchants, consequently, a price stabilization mechanism will stand in the way of their in-built avarice.
Thirdly, legislators have maintained a studious silence even as the government proposes to increase taxation on salaried workers (the very hand that feeds it) as one of the many measures of bringing down inflation. It behooves the intelligence of the salaried workers that legislators and owners of capital, who already own most of the wealth, will almost be getting a free ride. The corporate chieftains and other shareholders will continue getting full benefit of any profit from the paper shuffling of their businesses, while anyone earning more than the median wage gets more and more of their income sequestered by the government.
They are dead silent because the bulk of their money is made up of their untaxed allowances. They live in a glass house and they cannot afford to throw stones. For the citizenry, this is a very serious and unfair discrimination. In fact, it is a recipe for the haves continuing to gain more, while the have-nots bear the brunt of leveraging the economy. Despite the public`s persistent demands that such allowances be taxed, the MPs have remained largely unmoved. We must reiterate for the umpteenth time that income is income and should consequently be taxed the same.
While these conceited and infantile exhibitionists do what they know best in their “Shrine of Pomposity,” almost every other day a new story of institutional and individual graft will be churned out to the trekking Kenyans rendering the likes of Triton and Goldenberg a mere child`s play. The trekking Kenyans are the chosen few on the face of the earth who can peacefully live and breed double fold amid a biting inflation, debilitating corruption and diseases.
I cannot agree more with French Canadian film director Denys Arcand when he opines that “as civilizations approach collapse, people become more concerned about their own gratification than about their social responsibilities.” Indeed, our legislators seem intent on proving this theory correct.
Monday, April 25, 2011
STATE INVITES LEGAL ANARCHY WHEN IT BUNGLES CASES AGAINST POLITICALLY CORRECT INDIVIDUALS.
Traditionally, the scales of justice are depicted as in anticipation of the weight of evidence. Indeed this is the idyllic to which we all aspire. Unfortunately, in Kenya, the path to justice is riddled with mishaps. We have increasingly witnessed cases against powerful individuals bungled.
In what appears to be more of a public relations exercise than the quest for justice, the state through the Attorney General (AG) and the Director of Public Prosecutions (DPP) in cahoots with the defense teams, deliberately or otherwise, employs subterfuge to tip the scales in favour of the “politically correct individuals.”
Recently, in totally inexplicable circumstances, the AG and the Directorate of Public Prosecutions (DPP) failed to produce in court a key state witness to demonstrate the culpability of a defendant accused of defrauding the public. Consequently, the court declared that the defendant had no case to answer. It is unlikely that the state will appeal against this decision. Even more chilling is the fact that the said party may soon laugh all the way back to cabinet.
From the foregoing, one cannot fail to notice that the administration of the law is subject to outside influences; especially the power of money and its concomitant political influence. At the very least, justice is akin to a match fixing scandal where players from both teams are allowed to commit unsportsmanlike acts in order to gift the moneyed team a win. In legal parlance, it is referred to as “professional courtesy.”
The joke of it all is that even though hundreds of millions of the taxpayers` money was paid out to certain companies, the AG and the DPP want the public to believe that these companies were not legal entities since ghosts (and not human beings) provided these companies with the mind and soul (corpus and animus). In other words, they are telling the public that no personal liability can be imposed by the courts of law when a wily shareholder operates a company as an “alter ego” for wrongful purposes.
Clearly, our justice system seems to be sending the message to the public that it cannot “pierce the corporate veil.” This is a legal decision that treats the rights or duties of a company as the rights or liabilities of its shareholders or directors. Usually a company is treated as a separate legal person, solely responsible for the debts it incurs and the sole beneficiary of the credit it is owed. Common law countries usually uphold this principle of separate personhood, but in exceptional situations courts of law may "pierce" or "lift" the corporate veil.
This doctrine is used by the courts to ignore the corporate status of a group of stockholders, officers, and directors of a corporation in reference to their limited liability so that they may be held personally liable for their actions when they have acted fraudulently or unjustly. In other words, a court of law looks beyond the legal fiction to the reality of the situation.
Several courts have determined that the alter ego doctrine can be applied to Limited Liability Companies. In the US for instance, in Kaycee Land & Livestock versus Flahive, (2002), the Wyoming Supreme Court held that the equitable doctrine of piercing the veil was an available remedy under the Wyoming Limited Liability Company Act. In the UK, the corporate veil was lifted in the case between Gencor versus Dalby, because the company was the "alter ego" of the defendant.
In Kenya, section 320 of the Company Act imposes liability for fraudulent conduct of a company business. Under this section if in the course of winding up of a company it appears that any business of the company has been carried on with the intent to defraud the company or any other persons or for any fraudulent purpose those who were knowingly party to such conduct or business may in the discretion of the court be made personally liable for all or any debts of the company. A number of milestones cases exemplify this. Among them are: National Social Security Fund Board of Trustee Versus Ankhan Holding Limited & 2 Others (2006) as well as Standard Chartered Bank Kenya Ltd Versus Intercom Services Ltd & 4 Others (2004).
“Piercing the corporate veil” is therefore the only means of breaking down a wily individual`s protection. This is mostly done when such a company is the wily shareholder`s “alter ego” and is a sham or façade used to evade creditors or to defraud the public.
Given the soaring corruption cases in Kenya revolving around limited liability companies, it is the public`s expectation that the legal system would not shy from “lifting the corporate veil” to expose the real fraudsters. It would make a lot of social and economic sense if a company is barred from being the alter ego of the principal corporate.
Suffice to say that a legal system that is operated by and for criminals has no greater enemy than the law abiding citizen. In the words of Eustace Mullins “let it not be asked whether the lunatics have taken over the asylum.”
In what appears to be more of a public relations exercise than the quest for justice, the state through the Attorney General (AG) and the Director of Public Prosecutions (DPP) in cahoots with the defense teams, deliberately or otherwise, employs subterfuge to tip the scales in favour of the “politically correct individuals.”
Recently, in totally inexplicable circumstances, the AG and the Directorate of Public Prosecutions (DPP) failed to produce in court a key state witness to demonstrate the culpability of a defendant accused of defrauding the public. Consequently, the court declared that the defendant had no case to answer. It is unlikely that the state will appeal against this decision. Even more chilling is the fact that the said party may soon laugh all the way back to cabinet.
From the foregoing, one cannot fail to notice that the administration of the law is subject to outside influences; especially the power of money and its concomitant political influence. At the very least, justice is akin to a match fixing scandal where players from both teams are allowed to commit unsportsmanlike acts in order to gift the moneyed team a win. In legal parlance, it is referred to as “professional courtesy.”
The joke of it all is that even though hundreds of millions of the taxpayers` money was paid out to certain companies, the AG and the DPP want the public to believe that these companies were not legal entities since ghosts (and not human beings) provided these companies with the mind and soul (corpus and animus). In other words, they are telling the public that no personal liability can be imposed by the courts of law when a wily shareholder operates a company as an “alter ego” for wrongful purposes.
Clearly, our justice system seems to be sending the message to the public that it cannot “pierce the corporate veil.” This is a legal decision that treats the rights or duties of a company as the rights or liabilities of its shareholders or directors. Usually a company is treated as a separate legal person, solely responsible for the debts it incurs and the sole beneficiary of the credit it is owed. Common law countries usually uphold this principle of separate personhood, but in exceptional situations courts of law may "pierce" or "lift" the corporate veil.
This doctrine is used by the courts to ignore the corporate status of a group of stockholders, officers, and directors of a corporation in reference to their limited liability so that they may be held personally liable for their actions when they have acted fraudulently or unjustly. In other words, a court of law looks beyond the legal fiction to the reality of the situation.
Several courts have determined that the alter ego doctrine can be applied to Limited Liability Companies. In the US for instance, in Kaycee Land & Livestock versus Flahive, (2002), the Wyoming Supreme Court held that the equitable doctrine of piercing the veil was an available remedy under the Wyoming Limited Liability Company Act. In the UK, the corporate veil was lifted in the case between Gencor versus Dalby, because the company was the "alter ego" of the defendant.
In Kenya, section 320 of the Company Act imposes liability for fraudulent conduct of a company business. Under this section if in the course of winding up of a company it appears that any business of the company has been carried on with the intent to defraud the company or any other persons or for any fraudulent purpose those who were knowingly party to such conduct or business may in the discretion of the court be made personally liable for all or any debts of the company. A number of milestones cases exemplify this. Among them are: National Social Security Fund Board of Trustee Versus Ankhan Holding Limited & 2 Others (2006) as well as Standard Chartered Bank Kenya Ltd Versus Intercom Services Ltd & 4 Others (2004).
“Piercing the corporate veil” is therefore the only means of breaking down a wily individual`s protection. This is mostly done when such a company is the wily shareholder`s “alter ego” and is a sham or façade used to evade creditors or to defraud the public.
Given the soaring corruption cases in Kenya revolving around limited liability companies, it is the public`s expectation that the legal system would not shy from “lifting the corporate veil” to expose the real fraudsters. It would make a lot of social and economic sense if a company is barred from being the alter ego of the principal corporate.
Suffice to say that a legal system that is operated by and for criminals has no greater enemy than the law abiding citizen. In the words of Eustace Mullins “let it not be asked whether the lunatics have taken over the asylum.”
Sunday, April 24, 2011
NEW MEDICAL INSURANCE SCHEME: ARE TEACHERS PENNY WISE BUT POUND FOOLISH?
The National Health Insurance Fund (NHIF) managers have showered teachers with praises for being “full of magnanimous emotions.” They have praised them for their patriotism and their generous spirit. This was occasioned by the teachers` resounding rejection of a plan to have them join the new medical insurance scheme. Teachers opined that unlike legislators and many other affluent Kenyans who jealously guard their exclusive and expensive private healthcare insurance schemes, they (teachers) are forever bound with millions of Kenya`s holloi polloi. They said that they will continue sharing with them the thinly spread benefits accruing from their (teachers`) contribution to NHIF. What many people do not know is that this “magnanimity” comes at an astronomical cost.
First, despite teachers being faithful contributors to NHIF`s kitty, the latter offers them disastrously low benefits which often spell financial disaster when serious illness or disaster strikes. Because of the poor state of public hospitals especially in the rural areas, teachers and their family members have had to seek medical services from well equipped private hospitals. Here, NHIF can only defray a paltry of the huge accrued medical bills.
Secondly, amid the increased health costs coupled with corruption and structural inefficiencies in the NHIF as well as the declining government support in the health sector, teachers have had to dig deeper into their pockets to meet their health needs. Unfortunately, poor pay has made it practically impossible for many of them to afford medical services such as kidney dialysis, a procedure that is essential for many patients with kidney disease; many still cannot afford cancer treatment. The list goes on ad infinutum.
Thirdly, these prohibitive costs have turned out to be more than teachers can afford except by mortgaging their families` future. Many are the times I have witnessed teachers and their family members turned away in droves from private hospitals or evicted from hospital beds due to their inability to pay for medical services. Many have died because the medical allowances they receive cannot defray the cost of treatment. These are tragedies that teachers have had to bear in Kenya.
One would have that that with the above problems in mind, talks of establishing a better medical insurance scheme exclusively for teachers and civil servants would not touch off an explosion of furious protracted polemics. On the contrary, it seems that this state of affairs will continue ad infinitum.
Teachers appear contended with soaring medical bills in private hospitals. According to teachers it is cost effective to pay less to NHIF but dig deeper into their own pockets for quality treatment. They prefer remaining in NHIF and put up with a health care insurance that is designed more for the convenience of the NHIF Fund managers to marching out in droves to a new medical insurance scheme complete with its explicit entitlements. Thanks to the teachers` understanding and magnanimous nature the NHIF managers have their jobs intact. After all, the “penny wise and pound foolish philosophy” has kept their milk cow alive.
First, despite teachers being faithful contributors to NHIF`s kitty, the latter offers them disastrously low benefits which often spell financial disaster when serious illness or disaster strikes. Because of the poor state of public hospitals especially in the rural areas, teachers and their family members have had to seek medical services from well equipped private hospitals. Here, NHIF can only defray a paltry of the huge accrued medical bills.
Secondly, amid the increased health costs coupled with corruption and structural inefficiencies in the NHIF as well as the declining government support in the health sector, teachers have had to dig deeper into their pockets to meet their health needs. Unfortunately, poor pay has made it practically impossible for many of them to afford medical services such as kidney dialysis, a procedure that is essential for many patients with kidney disease; many still cannot afford cancer treatment. The list goes on ad infinutum.
Thirdly, these prohibitive costs have turned out to be more than teachers can afford except by mortgaging their families` future. Many are the times I have witnessed teachers and their family members turned away in droves from private hospitals or evicted from hospital beds due to their inability to pay for medical services. Many have died because the medical allowances they receive cannot defray the cost of treatment. These are tragedies that teachers have had to bear in Kenya.
One would have that that with the above problems in mind, talks of establishing a better medical insurance scheme exclusively for teachers and civil servants would not touch off an explosion of furious protracted polemics. On the contrary, it seems that this state of affairs will continue ad infinitum.
Teachers appear contended with soaring medical bills in private hospitals. According to teachers it is cost effective to pay less to NHIF but dig deeper into their own pockets for quality treatment. They prefer remaining in NHIF and put up with a health care insurance that is designed more for the convenience of the NHIF Fund managers to marching out in droves to a new medical insurance scheme complete with its explicit entitlements. Thanks to the teachers` understanding and magnanimous nature the NHIF managers have their jobs intact. After all, the “penny wise and pound foolish philosophy” has kept their milk cow alive.
Saturday, April 23, 2011
WHY I WILL NAME MY SON "INFLATION WANJALA."
My friends laughed uncontrollably when I told them that I intend to name the child who is soon to replace my acting last born, “Inflation Wanjala.” They wondered why I objected to the many funky European names that they had suggested. Some said that if I insisted on the name, then I will be stark, staring bonkers. To their utter consternation, I stuck to my guns.
You see, “Wanjala is a luhya name meaning “hunger.” The reason why I chose this name is because it collocates with “inflation” and the two effectively capture the historical significance of this period.
When “Inflation Wanjala” comes of age and demands to know why I chose such a name for him, I will tell him that he was born when millions of Kenyans bore the brunt of a voodoo economy. I will tell him that he is a living testimony of a dangerous trend that emerged in the country. This was a time when our country was experiencing a growing pattern of chronic artificial inflation in the months leading to the 2012 general election.
Even though my knowledge in matters economics may be fuzzy, trust me to demonstrate to him, a link between inflation and general elections in Kenya. I know for sure that in the preceding electioneering years, inflation was always a dominant variable. It came in different styles and sizes and severely affected public and private economic planning.
I will remember to tell him that a coterie had engendered a pervasive and sustained rise in the aggregate level of prices of essential products and services. The cost of living spiraled to over two hundred percent while salaries remained at an all time low. I had to walk up to twenty kilometers each day to and from my work station because the commuter fee had more than doubled. Never mind that like millions of other helpless Kenyans I considered breakfast and lunch mere luxuries.
I will tell him that the mysterious fat cats (coterie) had a hidden paw and the movement of a snake. They were criminals who used their intellect to defy the law. They surrounded themselves with the Harvard legalese. They even baffled criminal investigators and caused them constant despair; for when they reached the scene of the crime, the fat cats were simply not there. Not even their footsteps could be traced. Theirs was suavity and deceitfulness par excellence. Simply put, these were the true Napoleons of corruption, the crème de la crème.
So powerful were they that they even engendered panic and fear among those tasked with regulating the energy sector. All that the subservient regulators could do was wag their tails and quote non-existent increases in the price of crude oil at the global market and piracy as reasons for the skyrocketing oil prices in the country. None of them could explain why oil prices in other non-oil producing countries were much lower than in Kenya.
Like the proverbial cat and mice, the legislature animatedly talked of the need to bell these wily fat cats but none of them (legislators) was willing or courageous enough to take up that noble task. None of them stood his ground to save Kenya from the litany of grand scams in the oil industry.
The executive too seemed incapable of directing its attention to the seriousness of these criminal depredations and at worst they seemed to be prisoners of the small coterie who ruled in their name. Buoyed by a contingent of hungry policemen at their disposal, this coterie cared less of the possibility of a social implosion. After all, they could deploy the police force to arrest the dying men and women whose groans disturbed their comfort zones.
All the while, the coterie executed the most base and abominable economic crimes over millions of their fellow citizens. The economy at large toiled for rapine. The civil servant, teacher, policeman, doctor and all other laborers did sweat, not for their own benefit, but for the luxury and rapacity of the fat cats of depredation. Ours was a country where forty millions Kenyans, gifted by Providence with the ordinary endowments of humanity, groaned under the weight of an artificial inflation.
I will tell “Inflation Wanjala” that his name ought to be a constant reminder to him and to his generation of the folly of letting a coterie whose good fortune springs from the calamities of its citizenry and whose aggrandizement grows out of the miseries of their fellow humankind to take charge of their collective destiny.
You see, “Wanjala is a luhya name meaning “hunger.” The reason why I chose this name is because it collocates with “inflation” and the two effectively capture the historical significance of this period.
When “Inflation Wanjala” comes of age and demands to know why I chose such a name for him, I will tell him that he was born when millions of Kenyans bore the brunt of a voodoo economy. I will tell him that he is a living testimony of a dangerous trend that emerged in the country. This was a time when our country was experiencing a growing pattern of chronic artificial inflation in the months leading to the 2012 general election.
Even though my knowledge in matters economics may be fuzzy, trust me to demonstrate to him, a link between inflation and general elections in Kenya. I know for sure that in the preceding electioneering years, inflation was always a dominant variable. It came in different styles and sizes and severely affected public and private economic planning.
I will remember to tell him that a coterie had engendered a pervasive and sustained rise in the aggregate level of prices of essential products and services. The cost of living spiraled to over two hundred percent while salaries remained at an all time low. I had to walk up to twenty kilometers each day to and from my work station because the commuter fee had more than doubled. Never mind that like millions of other helpless Kenyans I considered breakfast and lunch mere luxuries.
I will tell him that the mysterious fat cats (coterie) had a hidden paw and the movement of a snake. They were criminals who used their intellect to defy the law. They surrounded themselves with the Harvard legalese. They even baffled criminal investigators and caused them constant despair; for when they reached the scene of the crime, the fat cats were simply not there. Not even their footsteps could be traced. Theirs was suavity and deceitfulness par excellence. Simply put, these were the true Napoleons of corruption, the crème de la crème.
So powerful were they that they even engendered panic and fear among those tasked with regulating the energy sector. All that the subservient regulators could do was wag their tails and quote non-existent increases in the price of crude oil at the global market and piracy as reasons for the skyrocketing oil prices in the country. None of them could explain why oil prices in other non-oil producing countries were much lower than in Kenya.
Like the proverbial cat and mice, the legislature animatedly talked of the need to bell these wily fat cats but none of them (legislators) was willing or courageous enough to take up that noble task. None of them stood his ground to save Kenya from the litany of grand scams in the oil industry.
The executive too seemed incapable of directing its attention to the seriousness of these criminal depredations and at worst they seemed to be prisoners of the small coterie who ruled in their name. Buoyed by a contingent of hungry policemen at their disposal, this coterie cared less of the possibility of a social implosion. After all, they could deploy the police force to arrest the dying men and women whose groans disturbed their comfort zones.
All the while, the coterie executed the most base and abominable economic crimes over millions of their fellow citizens. The economy at large toiled for rapine. The civil servant, teacher, policeman, doctor and all other laborers did sweat, not for their own benefit, but for the luxury and rapacity of the fat cats of depredation. Ours was a country where forty millions Kenyans, gifted by Providence with the ordinary endowments of humanity, groaned under the weight of an artificial inflation.
I will tell “Inflation Wanjala” that his name ought to be a constant reminder to him and to his generation of the folly of letting a coterie whose good fortune springs from the calamities of its citizenry and whose aggrandizement grows out of the miseries of their fellow humankind to take charge of their collective destiny.
MY EASTER SUPPLICATION: GOD, DELIVER US FROM THESE NAPOLEONS OF ECONOMIC CRIMES.
As far as I can remember, “inflation” has always visited Kenyans in the months leading to any general election. Unlike in other economies, ours is always an artificial one. It is perhaps the artificiality of this inflation that is making the government to cleverly substitute the term “inflation” with “high costs of living.” Buoyed by the confusion between financial straits and high costs of living and the resultant conceptual chaos, the government can only be economical with truth.
The Government will never admit that there is an inflation induced by a coterie. This is because feeding an ignorant public that is reeling from the effects of an artificial inflation with truth is akin to rabble rousing. Instead, a “sensible government” such as ours, will adopt half-hearted measures of addressing the plight of its citizenry while all the while it will be busy doing its best to cover up the muck left in the wake of a coterie that is manipulating the oil industry for purposes of financing the 2012 political campaigns.
Besides, given that this is a grand scale pillaging, it only seems plausible to opine that some ambitious elements in the echelons of government are part and parcel of this coterie. Seen from this perspective, it becomes easier for one to begin to fathom why this coterie seems to have hidden paws. As far as they are concerned no one will demonstrate a link between them and the huge drug hauls, oil scandals or even the containers full of bloody gold from the Democratic Republic of Congo to name but a few.
If the above is indeed the case, then we can begin to understand why this coterie remains an enigma. We will begin to understand why this coterie continues to baffle criminal investigators causing them constant despair. We will also begin to understand why when the criminal investigators reach the scenes of crime, not even the footsteps of this coterie can be traced.
Simply put, these are the latter days Napoleons of corruption, the crème de la crème. And true to the meaning of the phrase “Napoleons of corruption”, they have caused seismic panic among those tasked with regulating the energy sector. All that the subservient energy regulators can do is to wag their tails in the presence of this coterie.
The statements issued by the regulators in justifying the high oil prices are as clear as mud. It is not surprising to hear them quote increases in the price of crude oil at the global market as well as piracy as reasons behind the skyrocketing oil prices in the country. Interestingly, none of them can explain why oil prices in other non-oil producing countries are much lower than in Kenya. At best theirs can only pass as a maundering prose or a mystic mumbo jumbo.
The energy regulators are not alone. We have heard the legislature animatedly talk about stopping this coterie. But like the proverbial cat and mice none of them is willing or courageous enough to bell these fat cats. Indeed, none of them has so far stood his ground to save Kenya from the litany of grand scams.
The executive too seems incapable of directing its attention to the seriousness of these criminal depredations and at worst it (executive) seems to be a prisoner of this coterie that is ruling in their name. Buoyed by the presence of a hungry and malnourished police force, this coterie cares less of the possibility of a social implosion. After all, they can deploy the police force to arrest the dying men and women should their groans as much as disturb their comfort zones.
So, perhaps we should just resign ourselves to the fact that this coterie will continue unabated executing the most base and abominable economic crimes over millions of Kenyans. May be the pain will be mollified if we just learnt to accept the fact that the economy at large will continue to toil for rapine. The civil servant, teacher, policeman, doctor and all other laborers will continue to sweat, not for their own benefit, but for the luxury and rapacity of these fat cats of depredation.
Yes, we groan under the weight of this coterie but still, out of our own volition, we bent our backs for them to ride on. Ours is a typical voodoo economy where forty millions Kenyans, gifted by Providence with the ordinary endowments of humanity, voluntarily bent their backs to be mounted.
Yes, ours is a country where the good fortune of a coterie springs from the calamities of the citizenry. It is a country where a coterie`s aggrandizement grows out of the miseries of their fellow humankind. And because we are a notoriously religious nation the best we can do is to ceaselessly pray so that God can save us from ourselves.
The Government will never admit that there is an inflation induced by a coterie. This is because feeding an ignorant public that is reeling from the effects of an artificial inflation with truth is akin to rabble rousing. Instead, a “sensible government” such as ours, will adopt half-hearted measures of addressing the plight of its citizenry while all the while it will be busy doing its best to cover up the muck left in the wake of a coterie that is manipulating the oil industry for purposes of financing the 2012 political campaigns.
Besides, given that this is a grand scale pillaging, it only seems plausible to opine that some ambitious elements in the echelons of government are part and parcel of this coterie. Seen from this perspective, it becomes easier for one to begin to fathom why this coterie seems to have hidden paws. As far as they are concerned no one will demonstrate a link between them and the huge drug hauls, oil scandals or even the containers full of bloody gold from the Democratic Republic of Congo to name but a few.
If the above is indeed the case, then we can begin to understand why this coterie remains an enigma. We will begin to understand why this coterie continues to baffle criminal investigators causing them constant despair. We will also begin to understand why when the criminal investigators reach the scenes of crime, not even the footsteps of this coterie can be traced.
Simply put, these are the latter days Napoleons of corruption, the crème de la crème. And true to the meaning of the phrase “Napoleons of corruption”, they have caused seismic panic among those tasked with regulating the energy sector. All that the subservient energy regulators can do is to wag their tails in the presence of this coterie.
The statements issued by the regulators in justifying the high oil prices are as clear as mud. It is not surprising to hear them quote increases in the price of crude oil at the global market as well as piracy as reasons behind the skyrocketing oil prices in the country. Interestingly, none of them can explain why oil prices in other non-oil producing countries are much lower than in Kenya. At best theirs can only pass as a maundering prose or a mystic mumbo jumbo.
The energy regulators are not alone. We have heard the legislature animatedly talk about stopping this coterie. But like the proverbial cat and mice none of them is willing or courageous enough to bell these fat cats. Indeed, none of them has so far stood his ground to save Kenya from the litany of grand scams.
The executive too seems incapable of directing its attention to the seriousness of these criminal depredations and at worst it (executive) seems to be a prisoner of this coterie that is ruling in their name. Buoyed by the presence of a hungry and malnourished police force, this coterie cares less of the possibility of a social implosion. After all, they can deploy the police force to arrest the dying men and women should their groans as much as disturb their comfort zones.
So, perhaps we should just resign ourselves to the fact that this coterie will continue unabated executing the most base and abominable economic crimes over millions of Kenyans. May be the pain will be mollified if we just learnt to accept the fact that the economy at large will continue to toil for rapine. The civil servant, teacher, policeman, doctor and all other laborers will continue to sweat, not for their own benefit, but for the luxury and rapacity of these fat cats of depredation.
Yes, we groan under the weight of this coterie but still, out of our own volition, we bent our backs for them to ride on. Ours is a typical voodoo economy where forty millions Kenyans, gifted by Providence with the ordinary endowments of humanity, voluntarily bent their backs to be mounted.
Yes, ours is a country where the good fortune of a coterie springs from the calamities of the citizenry. It is a country where a coterie`s aggrandizement grows out of the miseries of their fellow humankind. And because we are a notoriously religious nation the best we can do is to ceaselessly pray so that God can save us from ourselves.
Saturday, April 9, 2011
KALONZO SPEAKS PROPHETICALLY OF THE AFRICAN INDEPENDENT CRIMINAL COURT (AICC)
As largely expected, Vice President Kalonzo Musyoka`s shuttle diplomacy has hit a brick wall. He has no one to blame but himself. His diplo-babble reeked of hubris and blackmail. At one time, Kalonzo haughtily told the International Community that the African states will pull out of the ICC en-masse and form their own court in the event that Kenya`s bid for a deferral is rejected. He even had a name for the new court-The African International Criminal Court (AICC). Admittedly, this was a huge diplomatic gaffe. It is this blackmail that angered the International Community. Subsequently, Kenya`s request for a deferral was presumed dead on arrival. But that is water under the bridge.
What is of concern now is whether Kenya is going to make good its threat. In the unlikely event that it does, how radically different will the AICC be from ICC? Will it lead to the expansion of the democratic space in Africa or will it whittle down the gains so far made? Will it draw its membership from all African states or will it be a preserve of only a few rogue African states?
In my estimation, AICC will be a tool that will pamper the egos of the few remaining African dictators. This means that AICC, unlike ICC, will not ignore Africa`s raison d'être nor undermine Africa`s dignity or sovereignty.
Secondly, it (AICC) must go slow in situations where the incumbents blatantly refuse to hand over power to the real winners of the presidential elections. This will give humble time to the incumbents to look for homegrown solutions (read power sharing). Besides, AICC will ensure that neither the incumbents nor their protégés are subjected to warrants of arrest since that would be undermining African sovereignty, solidarity and African peace and security.”
Thirdly, and most importantly, cases will be presided over by judges who will be appointees of the likes of President Robert Mugabe, Meles Zenawi, Gbagbo Gadhafi among others. Unlike the ICC judges (whose names are more difficult to pronounce than the most common tongue twisters and whose culture is far removed from that of Africans), the AICC judges will no doubt have an unrivalled wealth of knowledge and experience in Africa`s political philosophy. African Heads of States will thus hastily tell the Alassane Ouattara and Morgan Tsvangirai`s of Africa to seek for justice at the AICC knowing very well that the latter will increasingly work at shielding them and their protégés from accusations of election malpractices, prosecution for crimes against humanity or even genocide.
Fourthly, African heads of states will denounce any foreign intervention on the pretext that they are sovereign states. They will not hesitate to flaunt their sovereignty in defiance of the Rome Statute.
Fifthly, with AICC in place, African Heads of State will have no problem working at cross-purposes with the objectives of democracy. In their estimation, democracy must be tempered with a bit of autocracy since; Africans are like babies whose milk teeth cannot chew hard stuff like democracy.
From the foregoing, AICC (euphemistically referred to us African Independent Club of Conmen) will definitely lead to increased human rights violations in the continent since justice will be the very least of its concerns. Simply put, AICC will be the washing powder for the merchants of doom. I have a hunch that Kalonzo himself does not believe in this creature. It is for this reason that I implore him to stop this dangerous cult of opportunism, double-talk and chicanery.
What is of concern now is whether Kenya is going to make good its threat. In the unlikely event that it does, how radically different will the AICC be from ICC? Will it lead to the expansion of the democratic space in Africa or will it whittle down the gains so far made? Will it draw its membership from all African states or will it be a preserve of only a few rogue African states?
In my estimation, AICC will be a tool that will pamper the egos of the few remaining African dictators. This means that AICC, unlike ICC, will not ignore Africa`s raison d'être nor undermine Africa`s dignity or sovereignty.
Secondly, it (AICC) must go slow in situations where the incumbents blatantly refuse to hand over power to the real winners of the presidential elections. This will give humble time to the incumbents to look for homegrown solutions (read power sharing). Besides, AICC will ensure that neither the incumbents nor their protégés are subjected to warrants of arrest since that would be undermining African sovereignty, solidarity and African peace and security.”
Thirdly, and most importantly, cases will be presided over by judges who will be appointees of the likes of President Robert Mugabe, Meles Zenawi, Gbagbo Gadhafi among others. Unlike the ICC judges (whose names are more difficult to pronounce than the most common tongue twisters and whose culture is far removed from that of Africans), the AICC judges will no doubt have an unrivalled wealth of knowledge and experience in Africa`s political philosophy. African Heads of States will thus hastily tell the Alassane Ouattara and Morgan Tsvangirai`s of Africa to seek for justice at the AICC knowing very well that the latter will increasingly work at shielding them and their protégés from accusations of election malpractices, prosecution for crimes against humanity or even genocide.
Fourthly, African heads of states will denounce any foreign intervention on the pretext that they are sovereign states. They will not hesitate to flaunt their sovereignty in defiance of the Rome Statute.
Fifthly, with AICC in place, African Heads of State will have no problem working at cross-purposes with the objectives of democracy. In their estimation, democracy must be tempered with a bit of autocracy since; Africans are like babies whose milk teeth cannot chew hard stuff like democracy.
From the foregoing, AICC (euphemistically referred to us African Independent Club of Conmen) will definitely lead to increased human rights violations in the continent since justice will be the very least of its concerns. Simply put, AICC will be the washing powder for the merchants of doom. I have a hunch that Kalonzo himself does not believe in this creature. It is for this reason that I implore him to stop this dangerous cult of opportunism, double-talk and chicanery.
Friday, April 8, 2011
YES, ICC MUST STOP SUSPECTS FROM CHURNING HATE SPEECH AND PROPAGANDA.
Twice in a span of one week I have witnessed scary incidents in which what started as a harmless discourse among passengers in Public Service Vehicles (PSVs) degenerated into physical confrontations between members of certain ethnic communities ostensibly because unacceptable flak was directed at their perceived paramount political leaders. With the commencement of the Hague trials coupled with the fact that 2012 is drawing closer, and with politicians already going hammer and tongs against each other, one can only conclude that such incidents are symbolic microcosm of what is to happen to Kenya`s fractious society in the months to come.
In spite of the grotesque proportions of the emerging scenario, tribal chieftains continue enjoying a more extravagant personality cult among their communities. The question many are asking is why the public is easy prey to the vile schemes of these wily politicians. We need not look far. It has everything to do with propagation of vile propaganda.
Harold Lasswell (1927), a pioneer of propaganda studies in the United States, defined propaganda as "the management of collective attitudes by the manipulation of significant symbols." Since then, it appears as though this term has spawned as many definitions as it has euphemisms.
In Kenya for instance, propaganda has become part and parcel of the country`s body politic. It has come to mean the manipulation of ethnic psychological symbols to achieve ones selfish political objectives. Tribal chieftains and their sycophantic political elites have resorted to churning propaganda upon propaganda aimed at activating or agitating latent ethnic predispositions among their ethnic constituents to discredit the ICC involvement in Kenya`s 2007 PEV cases as well as direct their misplaced anger at perceived political nemeses.
It is worth noting that propaganda is more effective where the audience is less educated. According to Carl Hovland “people of lower academic ability tend to change their opinions on issues of lesser complexity, less supported by facts, and on issues that more intelligent men find difficult to accept.
This view bodes well with the Kenyan populace given that majority of them are either semi literate or completely illiterate. Accordingly, these significant population cannot rationalize and is therefore unable to take political decisions based on carefully reviewed information and ‘enlightened self-interest’ processed from available facts. Instead, consumption of mediated political messages laced with ethnic undertones takes precedence over facts. For instance, at the moment, a section of politicians are doing anything and everything to make sure that the electorate forgets the fact that they (politicians) were the architects of the Hague process.
Then they preferred The Hague process over the formation of a credible local judicial mechanism ostensibly because The Hague would take eternity before presenting them at the International Criminal court (ICC) to answer to charges of crimes against humanity. Now that the storm of justice has begun swirling around their political kingpins they are now desperately trying to peddle cheap propaganda 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 foreigners to trample upon our sovereignty. What hogwash. The last time I checked the meaning of the term “sovereignty” it never meant turning the victims’ quest for justice into a revolving array of musical chairs dependent on the political whims of a few rowdy politicians.
Those who have consistently resisted attempts at defeating justice have also borne the brunt of propaganda. They have been labeled the devil incarnate. Some have christened them agents of the neo-colonialists. The sole intention of these totalitarian propagandists is to create a political battle-axe to completely obliterate the credibility of those political leaders whose principles cannot allow them to support their evil ways. Like Adolf Hitler they have discovered that "The most brilliant propagandist technique will yield no success unless a lie is repeated over and over. This explains why some suspects continually allege that the PM is using his foreign contacts in manipulating the ICC into eliminating them from the 2012 presidential race. Obviously, this claim is wacky as it is baseless.
Still, others buoyed by the flicking cameras and the global audiences have even callously referred to the realities of the 2007 PEV as a mere “horror movie!”
Some of their sycophantic followers have also issued blood cuddling messages to the effect that should some among the Ocampo six be incarcerated then “some people will know who the real owners of Kenya are.” That such incendiary remarks are aimed at engendering fear and animosity, appealing to people`s ethnic identities and fomenting disturbances is not in doubt. That the utterances contravene article 33 (2) of the Kenya constitution is also not in doubt. What is in doubt is whether those churning such utterances will be placed under the bar of justice, given the drooling inability of our institutions in containing the runaway verbal hemorrhage.
Much as many conscientious Kenyans certainly commend the ICC for stating that it will not hesitate to replace the summonses to appear before the ICC with warrants of arrest should some of the Ocampo six continue issuing inflammatory statements in the public domain, this in itself will not end the propagation of vile propaganda and hate speech in the country. Sycophantic political elites will step up the game. It is therefore incumbent upon the Government to complement the ICCs effort by reigning in on hate mongers.
In spite of the grotesque proportions of the emerging scenario, tribal chieftains continue enjoying a more extravagant personality cult among their communities. The question many are asking is why the public is easy prey to the vile schemes of these wily politicians. We need not look far. It has everything to do with propagation of vile propaganda.
Harold Lasswell (1927), a pioneer of propaganda studies in the United States, defined propaganda as "the management of collective attitudes by the manipulation of significant symbols." Since then, it appears as though this term has spawned as many definitions as it has euphemisms.
In Kenya for instance, propaganda has become part and parcel of the country`s body politic. It has come to mean the manipulation of ethnic psychological symbols to achieve ones selfish political objectives. Tribal chieftains and their sycophantic political elites have resorted to churning propaganda upon propaganda aimed at activating or agitating latent ethnic predispositions among their ethnic constituents to discredit the ICC involvement in Kenya`s 2007 PEV cases as well as direct their misplaced anger at perceived political nemeses.
It is worth noting that propaganda is more effective where the audience is less educated. According to Carl Hovland “people of lower academic ability tend to change their opinions on issues of lesser complexity, less supported by facts, and on issues that more intelligent men find difficult to accept.
This view bodes well with the Kenyan populace given that majority of them are either semi literate or completely illiterate. Accordingly, these significant population cannot rationalize and is therefore unable to take political decisions based on carefully reviewed information and ‘enlightened self-interest’ processed from available facts. Instead, consumption of mediated political messages laced with ethnic undertones takes precedence over facts. For instance, at the moment, a section of politicians are doing anything and everything to make sure that the electorate forgets the fact that they (politicians) were the architects of the Hague process.
Then they preferred The Hague process over the formation of a credible local judicial mechanism ostensibly because The Hague would take eternity before presenting them at the International Criminal court (ICC) to answer to charges of crimes against humanity. Now that the storm of justice has begun swirling around their political kingpins they are now desperately trying to peddle cheap propaganda 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 foreigners to trample upon our sovereignty. What hogwash. The last time I checked the meaning of the term “sovereignty” it never meant turning the victims’ quest for justice into a revolving array of musical chairs dependent on the political whims of a few rowdy politicians.
Those who have consistently resisted attempts at defeating justice have also borne the brunt of propaganda. They have been labeled the devil incarnate. Some have christened them agents of the neo-colonialists. The sole intention of these totalitarian propagandists is to create a political battle-axe to completely obliterate the credibility of those political leaders whose principles cannot allow them to support their evil ways. Like Adolf Hitler they have discovered that "The most brilliant propagandist technique will yield no success unless a lie is repeated over and over. This explains why some suspects continually allege that the PM is using his foreign contacts in manipulating the ICC into eliminating them from the 2012 presidential race. Obviously, this claim is wacky as it is baseless.
Still, others buoyed by the flicking cameras and the global audiences have even callously referred to the realities of the 2007 PEV as a mere “horror movie!”
Some of their sycophantic followers have also issued blood cuddling messages to the effect that should some among the Ocampo six be incarcerated then “some people will know who the real owners of Kenya are.” That such incendiary remarks are aimed at engendering fear and animosity, appealing to people`s ethnic identities and fomenting disturbances is not in doubt. That the utterances contravene article 33 (2) of the Kenya constitution is also not in doubt. What is in doubt is whether those churning such utterances will be placed under the bar of justice, given the drooling inability of our institutions in containing the runaway verbal hemorrhage.
Much as many conscientious Kenyans certainly commend the ICC for stating that it will not hesitate to replace the summonses to appear before the ICC with warrants of arrest should some of the Ocampo six continue issuing inflammatory statements in the public domain, this in itself will not end the propagation of vile propaganda and hate speech in the country. Sycophantic political elites will step up the game. It is therefore incumbent upon the Government to complement the ICCs effort by reigning in on hate mongers.
Saturday, April 2, 2011
LET US NOT FORGET TO FAST AND PRAY FOR THE VICTIMS OF THE 2007 PEV.
Some of our religious leaders have called upon all Kenyans to say a prayer for our gallant sons who are heading to The Hague. I am sure that this call will resonate well with many Kenyans considering that we are a notoriously religious nation. In fact, I propose that we hold two national fasting days that should coincide with the hearings at The Hague. Prayers can move mountains, right? Not even the dreaded Ocampo can stand in the way of the power of prayers. Who knows, the guy may be struck dumb during the court proceedings. Have we not already witnessed a bizarre incident in which one lawyer was struck dumb during the hearing of an election petition in a high court in Kisii?
After we are done with fasting and praying for the Ocampo six, I hope that the clergy will also find time from their busy schedules to call upon Kenyans to set aside a just a day for fasting and praying for the IDPs and other victims of the 2007 PEV. May be the hearts of those in government will soften enough to allow them to expeditiously tackle the litany of debilitating and dehumanizing problems that these victims are faced with.
I also wish that the clergy will not tire to call upon Kenyans to say special prayers for politicians who are incessantly spewing, in the most tendentious way, an avalanche of propaganda and inanities in their political rallies. I hope that the clergy will lead us in saying a special prayer particularly for one elderly politician so that she does not lead others with similar orientations into laying bare their nakedness in solidarity with one of their own. I firmly believe that through prayers this politician may realize that it is the eyes of the forty million Kenyans (including that of her children, grandchildren and great grand children) that will be feasting on her nakedness and that in effect it is these hapless Kenyans who will be the direct recipients of this ancient curse.
I am looking forward to our clergy to rally the public to pray for those political elites who are inundating the public with blood cuddling ethnic undertones. I hope that these special prayers will particularly touch one political activist so that she never again mumbles something to the effect that “the real owners of this country will be known should the ICC incarcerate one among their fold.”
I also hope that the clergy will remind us to pray for some among our midst (who own land that is estimated to be the size of Nyanza province), to be moved by the plight of thousands of landless Kenyans. I hope that special prayers will soften their hearts so much so that they can see the wisdom of donating some pieces of idle land for the landless.
I pray that the clergy will rally the public to pray for our politicians to respect the spirit and law of the constitution. With special prayers we will have a country that does not have a law for the cunning and another for the simple, one law for the forceful and another for the feeble, one law for the ignorant and another for the learned, one law for the brave and another for the timid. And now, I am even made to understand that we have in place a law meant for the sons and daughters of former presidents and a law for the sons and daughters of commoners! In other words, sons of former presidents must be guaranteed immunity from prosecution lest the country goes up in flames!
I have heard that some politicians are even contemplating reenacting the Mahatma Gandhi non violent revolution. They plan to rally the masses to prostrate on the runway so that the plane carrying one of their own does not take off to Hague. How I wish that the clergy could convince them to instead prostrate for a worthy cause. They can then fast and prostrate so that God can grant our political leaders enough wisdom to understand the language of the millions of starving Kenyans. If all Kenyans were to prostrate for just an hour wherever they are, I am sure that our politicians will stop political bickering and refocus their attention on tackling the runway inflation.
Finally, I hope that the clergy will find it prudent to call the nation to pray for President Kibaki so that he takes leave of his trademark silence. Let us pray that he does not surrender the fate of this country in the hands of those who are more than willing to force us into rivaling countries with longstanding pariah status.
After we are done with fasting and praying for the Ocampo six, I hope that the clergy will also find time from their busy schedules to call upon Kenyans to set aside a just a day for fasting and praying for the IDPs and other victims of the 2007 PEV. May be the hearts of those in government will soften enough to allow them to expeditiously tackle the litany of debilitating and dehumanizing problems that these victims are faced with.
I also wish that the clergy will not tire to call upon Kenyans to say special prayers for politicians who are incessantly spewing, in the most tendentious way, an avalanche of propaganda and inanities in their political rallies. I hope that the clergy will lead us in saying a special prayer particularly for one elderly politician so that she does not lead others with similar orientations into laying bare their nakedness in solidarity with one of their own. I firmly believe that through prayers this politician may realize that it is the eyes of the forty million Kenyans (including that of her children, grandchildren and great grand children) that will be feasting on her nakedness and that in effect it is these hapless Kenyans who will be the direct recipients of this ancient curse.
I am looking forward to our clergy to rally the public to pray for those political elites who are inundating the public with blood cuddling ethnic undertones. I hope that these special prayers will particularly touch one political activist so that she never again mumbles something to the effect that “the real owners of this country will be known should the ICC incarcerate one among their fold.”
I also hope that the clergy will remind us to pray for some among our midst (who own land that is estimated to be the size of Nyanza province), to be moved by the plight of thousands of landless Kenyans. I hope that special prayers will soften their hearts so much so that they can see the wisdom of donating some pieces of idle land for the landless.
I pray that the clergy will rally the public to pray for our politicians to respect the spirit and law of the constitution. With special prayers we will have a country that does not have a law for the cunning and another for the simple, one law for the forceful and another for the feeble, one law for the ignorant and another for the learned, one law for the brave and another for the timid. And now, I am even made to understand that we have in place a law meant for the sons and daughters of former presidents and a law for the sons and daughters of commoners! In other words, sons of former presidents must be guaranteed immunity from prosecution lest the country goes up in flames!
I have heard that some politicians are even contemplating reenacting the Mahatma Gandhi non violent revolution. They plan to rally the masses to prostrate on the runway so that the plane carrying one of their own does not take off to Hague. How I wish that the clergy could convince them to instead prostrate for a worthy cause. They can then fast and prostrate so that God can grant our political leaders enough wisdom to understand the language of the millions of starving Kenyans. If all Kenyans were to prostrate for just an hour wherever they are, I am sure that our politicians will stop political bickering and refocus their attention on tackling the runway inflation.
Finally, I hope that the clergy will find it prudent to call the nation to pray for President Kibaki so that he takes leave of his trademark silence. Let us pray that he does not surrender the fate of this country in the hands of those who are more than willing to force us into rivaling countries with longstanding pariah status.
Monday, March 21, 2011
HON. EUGENE WAMALWA CAN ONLY BE A CHEER LEADER IN NEW FORD KENYA.
After last Saturday`s rally at Posta grounds in Bungoma, Eugene Wamalwa finally made good his threat of ditching Ford Kenya. Propped by honorable Uhuru Kenyatta and William Ruto, he just fell short of revealing his new political party. Grapevine has it that he intends to sojourn in New Ford Kenya where a hero’s welcome awaits him. I must admit that this sounds too good an offer. Yet, we are warned that when the offer is too good, one must think twice lest his celebrations are quickly drowned out by the Devil that is in the details.
To begin with, Eugene has to convince the populace of Kakamega County that he was not part of the political elites that hounded the likes of Soita Shitanda and Bonny Khalwale out of Ford Kenya in the months leading to the 2007 general election. I have a hunch that the latter have never gotten over the 2007 sour grapes and they may just be looking for an opportunity to revenge. Remember that revenge is a dish best served cold. Outwardly, they may put on charming smiles while they are really hurting inside. Even if perchance the officials of the New Ford Kenya bear no grudge against Eugene, I am not sure that they will be so desperate as to agree to give him more prominence over themselves.
There is also a growing perception among the electorate that Eugene is a quitter. This term carries with it a negative connotation in that quitters are known to be driven by their short term political interests as opposed to the general good of the electorate. Unlike his elder brother, the late Vice President Wamalwa Kijana, Eugene`s behavior is a testament of a man who is impatient with himself. When he failed to secure the Ford Kenya ticket as the parliamentary candidate during a by-election in Saboti constituency that was occasioned by the demise of his brother, he quit Ford Kenya for Republican Party of Kenya (RPK) where he unsuccessfully launched his maiden contest. In 2007, he quietly returned to Ford Kenya. He succeeded in taking the Saboti Parliamentary seat on a PNU coalition ticket.
Four years later, realizing that he cannot competitively secure Ford Kenya`s nomination as a presidential candidate, he has again decided to jump ship. However, because of his penchant for quitting parties especially in the face of competition, the electorate`s trust in Eugene is diminishing by the day. Eugene Wamalwa will thus have an uphill task convincing the Bukusu populace to cross over from Ford Kenya to New Ford Kenya.
Consequently, it does not make sense for Eugene to join New Ford Kenya when his presence in that party will not add any value. Clearly, there is very little he can do to enhance New Ford Kenya`s popularity. At most, Eugene will only be regarded as New Ford Kenya`s cheer leader. The only guarantee he will have of not being trampled upon is if he does not allow his ambition to be in direct conflict with the political ambitions of the “owners” of New Ford Kenya.
Eugene may find solace in Chinua Achebe`s “A Man of The People” by saying that he is not a fool to spit out the juicy morsel that good fortune has put in his mouth. But to the electorate, he is simply a man who does not mind riding on the misfortunes of some of the Ocampo six. Besides, there is a perception in the public domain that some of Ocampo six are barons of impunity therefore any politician who intends to be a presidential aspirant associating with them runs the risk of being seen as part and parcel of the evil axis that the electorate wants to get rid of. As the saying goes, “if one walks like a duck and quacks like a duck then, he must surely be duck.”
But of more concern now to Eugene is the theory gaining currency that he is not his own man. Pundits opine that by being publicly propped by people with questionable characters to the presidency, Eugene seems to be reclining to the fact that even as a president he will be a true regent or a prisoner to forces of impunity. No idea is as repulsive as this for an electorate that is yearning for positive change.
To begin with, Eugene has to convince the populace of Kakamega County that he was not part of the political elites that hounded the likes of Soita Shitanda and Bonny Khalwale out of Ford Kenya in the months leading to the 2007 general election. I have a hunch that the latter have never gotten over the 2007 sour grapes and they may just be looking for an opportunity to revenge. Remember that revenge is a dish best served cold. Outwardly, they may put on charming smiles while they are really hurting inside. Even if perchance the officials of the New Ford Kenya bear no grudge against Eugene, I am not sure that they will be so desperate as to agree to give him more prominence over themselves.
There is also a growing perception among the electorate that Eugene is a quitter. This term carries with it a negative connotation in that quitters are known to be driven by their short term political interests as opposed to the general good of the electorate. Unlike his elder brother, the late Vice President Wamalwa Kijana, Eugene`s behavior is a testament of a man who is impatient with himself. When he failed to secure the Ford Kenya ticket as the parliamentary candidate during a by-election in Saboti constituency that was occasioned by the demise of his brother, he quit Ford Kenya for Republican Party of Kenya (RPK) where he unsuccessfully launched his maiden contest. In 2007, he quietly returned to Ford Kenya. He succeeded in taking the Saboti Parliamentary seat on a PNU coalition ticket.
Four years later, realizing that he cannot competitively secure Ford Kenya`s nomination as a presidential candidate, he has again decided to jump ship. However, because of his penchant for quitting parties especially in the face of competition, the electorate`s trust in Eugene is diminishing by the day. Eugene Wamalwa will thus have an uphill task convincing the Bukusu populace to cross over from Ford Kenya to New Ford Kenya.
Consequently, it does not make sense for Eugene to join New Ford Kenya when his presence in that party will not add any value. Clearly, there is very little he can do to enhance New Ford Kenya`s popularity. At most, Eugene will only be regarded as New Ford Kenya`s cheer leader. The only guarantee he will have of not being trampled upon is if he does not allow his ambition to be in direct conflict with the political ambitions of the “owners” of New Ford Kenya.
Eugene may find solace in Chinua Achebe`s “A Man of The People” by saying that he is not a fool to spit out the juicy morsel that good fortune has put in his mouth. But to the electorate, he is simply a man who does not mind riding on the misfortunes of some of the Ocampo six. Besides, there is a perception in the public domain that some of Ocampo six are barons of impunity therefore any politician who intends to be a presidential aspirant associating with them runs the risk of being seen as part and parcel of the evil axis that the electorate wants to get rid of. As the saying goes, “if one walks like a duck and quacks like a duck then, he must surely be duck.”
But of more concern now to Eugene is the theory gaining currency that he is not his own man. Pundits opine that by being publicly propped by people with questionable characters to the presidency, Eugene seems to be reclining to the fact that even as a president he will be a true regent or a prisoner to forces of impunity. No idea is as repulsive as this for an electorate that is yearning for positive change.
Thursday, March 17, 2011
LET NOT IMPUNITY SMOTHER THE NEW CONSTITUTION.
Today, I speak of those great patriots present and those departed, who little impressed by the audacity of the barbarians gallantly fought for the second liberation of this country regardless of their stations in life. Many among them were maimed in the struggle for the expansion of the democratic space. When death reaped one defender after the next, there was none among them who through cowardice refused to fill the gap. I salute them all.
For all those patriots departed, I know that you must be tossing and turning in your graves in impatient anger like a blood-pudding seething over a fire. You must be cursing at the site of political madness in the form of violent debauchery. I know that it pains you to see some callous individuals want to reduce Kenya to a collection of tribes and not a united Nation as you had earlier envisaged. You must be holding us in contempt as you witness the bile and treachery by some in our midst who are busy enticing our brothers and sisters to dance themselves lame to the drums of phantom wars.
You must be appalled that these individuals want to cling on the president`s coat in the hope that he will not oblige them to step aside from their lofty political portfolios. These individuals still imagine that on the balance of scale, the word of the president is still greater than the very constitution that he swore to protect. We have seen them talking tough and throwing tantrums at their imaginary political foes. Their words are like sugar coated poisonous pills. When such words are wholesomely and unquestioningly swallowed, they have the effect of creating bovine obedience in us so that we do not demand of their resignation in light of the grievous charges preferred against them.
You must be seething with anger that we conscripted individuals who were part and parcel of the undemocratic, illiberal and repressive political regimes to usher in the new political dispensation. I now must admit that this was but a mere historical accident. In our excitement we threw caution in the wind and completely forgot that like obligate anaerobes these individuals would never appreciate the fresh political air blowing across the country.
We completely forgot that as scions of the old political order they can only thrive in mischief. Indeed, they have employed all the dirty tricks in their odious book to cover each other`s muck. For that is what they know best-staying deep down under the rabbit`s fur. They have deliberately refrained from any kind of direct ideological challenge to the status quo. They prefer politics of appeasement and aggrandizement to the principles of democracy as enshrined in our constitution.
Take for instance those who have been quick at flaunting the term “sovereignty” as a smokescreen to avoiding justice. They have displayed vigor in seeking for a deferral and possibly a referral at a later date but they have largely been unwilling in demanding that the same suspects resign from their public offices in line with the requirement of our new constitution. The huge pot holes in their reasoning cannot be gainsaid. It is amazing at how they can conveniently forget that under the new constitution, a precedent has already been set. We have seen honorable Moses Wetang`ula, Henry Kosgei and William Ruto resign from their portfolios under circumstances less grievous. Any exception to this constitutional requirement is not only a case of double standards but an act of impunity as well.
I can see you shedding tears of despondency because our motherland is being treated to the verbal wallop of some sycophantic leaders. That the verbal hemorrhage of our leaders is too stupendous is an indication of the extent they are willing to go in propping up impunity. Indeed, some leaders have been heard saying that should one of the suspects be ineligible to contest the presidency come 2012 owing to The Hague trials then the presidential election must be postponed. This is balderdash.
To them, it matters less if the said suspect is found guilty as charged. They want to make us believe that the country will not move forward for the period such a person would be incarceration. Does it mean that such a person is more important than the sum total of all Kenyans? My fellow patriotic Kenyans, I take it that you are sincere, honest and brave enough to render a verdict according to your convictions, beyond the shadow of a reasonable doubt.
To our departed patriots, let me assuage your feelings. We owe you the duty of safeguarding the well being of this great Nation. I assure you that the seeds of patriotism that you sow in us have germinated and we shall faithfully water them to fruition. Like Emma Goldman, we dare say that “We are but the atoms in the incessant human struggle towards the light that shines in the darkness—the Ideal of economic, political and spiritual liberation of mankind!” We shall surely have a victory for truth and justice over those standing in the way of our new constitutional order.
For all those patriots departed, I know that you must be tossing and turning in your graves in impatient anger like a blood-pudding seething over a fire. You must be cursing at the site of political madness in the form of violent debauchery. I know that it pains you to see some callous individuals want to reduce Kenya to a collection of tribes and not a united Nation as you had earlier envisaged. You must be holding us in contempt as you witness the bile and treachery by some in our midst who are busy enticing our brothers and sisters to dance themselves lame to the drums of phantom wars.
You must be appalled that these individuals want to cling on the president`s coat in the hope that he will not oblige them to step aside from their lofty political portfolios. These individuals still imagine that on the balance of scale, the word of the president is still greater than the very constitution that he swore to protect. We have seen them talking tough and throwing tantrums at their imaginary political foes. Their words are like sugar coated poisonous pills. When such words are wholesomely and unquestioningly swallowed, they have the effect of creating bovine obedience in us so that we do not demand of their resignation in light of the grievous charges preferred against them.
You must be seething with anger that we conscripted individuals who were part and parcel of the undemocratic, illiberal and repressive political regimes to usher in the new political dispensation. I now must admit that this was but a mere historical accident. In our excitement we threw caution in the wind and completely forgot that like obligate anaerobes these individuals would never appreciate the fresh political air blowing across the country.
We completely forgot that as scions of the old political order they can only thrive in mischief. Indeed, they have employed all the dirty tricks in their odious book to cover each other`s muck. For that is what they know best-staying deep down under the rabbit`s fur. They have deliberately refrained from any kind of direct ideological challenge to the status quo. They prefer politics of appeasement and aggrandizement to the principles of democracy as enshrined in our constitution.
Take for instance those who have been quick at flaunting the term “sovereignty” as a smokescreen to avoiding justice. They have displayed vigor in seeking for a deferral and possibly a referral at a later date but they have largely been unwilling in demanding that the same suspects resign from their public offices in line with the requirement of our new constitution. The huge pot holes in their reasoning cannot be gainsaid. It is amazing at how they can conveniently forget that under the new constitution, a precedent has already been set. We have seen honorable Moses Wetang`ula, Henry Kosgei and William Ruto resign from their portfolios under circumstances less grievous. Any exception to this constitutional requirement is not only a case of double standards but an act of impunity as well.
I can see you shedding tears of despondency because our motherland is being treated to the verbal wallop of some sycophantic leaders. That the verbal hemorrhage of our leaders is too stupendous is an indication of the extent they are willing to go in propping up impunity. Indeed, some leaders have been heard saying that should one of the suspects be ineligible to contest the presidency come 2012 owing to The Hague trials then the presidential election must be postponed. This is balderdash.
To them, it matters less if the said suspect is found guilty as charged. They want to make us believe that the country will not move forward for the period such a person would be incarceration. Does it mean that such a person is more important than the sum total of all Kenyans? My fellow patriotic Kenyans, I take it that you are sincere, honest and brave enough to render a verdict according to your convictions, beyond the shadow of a reasonable doubt.
To our departed patriots, let me assuage your feelings. We owe you the duty of safeguarding the well being of this great Nation. I assure you that the seeds of patriotism that you sow in us have germinated and we shall faithfully water them to fruition. Like Emma Goldman, we dare say that “We are but the atoms in the incessant human struggle towards the light that shines in the darkness—the Ideal of economic, political and spiritual liberation of mankind!” We shall surely have a victory for truth and justice over those standing in the way of our new constitutional order.
Monday, March 14, 2011
MASS ACTION USED AS A POTENT TOOL FOR DEMOCRATISATION AND NOT FOR MURDER AND PLUNDER.
Those of us who played a crucial role in the expansion of the democratic space in this country know very well that there is a huge gulf in terms of meaning between mass action on the one hand and mass murder and plunder on the other. We all know that these terms are not synonymous as some people want us to believe. Harping on such thinking does not only expose one`s ignorance but also insults the intelligence of true patriots. To true patriots, mass action has never been a call for citizens to take arms and rise against their fellow citizens. Mass action was and remains to be a potent tool used to force political regimes that are out of touch with the social and political realities of the day to wake up and smell the coffee. History is rich with examples of how mass action has been used in the liberation struggle the world over. In Kenya for example, it was largely responsible for the repeal of section 2A of the Kenya constitution in the early 1990s.
History also attests to the fact that individuals who are seemingly clothed in democratic garments and who were previously part of the impunity that was routed during the second liberation of this country do not understand what mass action means. For how can they understand mass action when they have all along stayed deep down under the rabbit`s fur? These are individuals who have nervously refrained from any kind of direct ideological challenge to the status quo. They have instead preferred politics of appeasement, aggrandizement and abandonment of the principle of democracy. To them, those of us who are incessant atoms of positive change are to be met with violence and mercilessly crushed to submission.
As part of the historical accident, some of those who helped perpetuate the undemocratic, illiberal, authoritarian and repressive political regime(s) were conscripted as change agents in the new political dispensation. However, it is said that old habits die hard. The same individuals found themselves suffocating under a bout of fresh air. For them to remain politically relevant they had to quickly find some form of mischief. The 2007 presidential election provided them with the much needed opportunity to unleash the terror that was part of their DNA. Since they were in two opposing political camps, each one thought that he had an opportunity to outdo the other. They both employed all the dirty tricks in the book to vanquish each other in order to sustain their selfish desires. Unfortunately, it is the electorate across the political divide that became the poor victims of their vicious war. These individuals discovered too late that as scions of a nearly dismembered political system their chances of survival lay in their coalescing together. Indeed, they gravitated towards each other. But for the reunification to be complete they had to shop around for a sacrificial lamb upon which to direct their ire.
They found the target of their misplaced anger in the PM. They have continually blamed the PM for being the architect of all their real and imaginary woes. Without any iota of evidence they have alleged that the PM double crossed them by colluding with the Waki commission, Ocampo, Obama (read as USA), France and even UK to fix them politically. They have since vowed to also vanquish him politically.
Perhaps these individuals imagine that we suffer from memory lapses. They think that we cannot recall that at the time when the International Community stepped up pressure to bring to an end this cycle of violence and impunity the same individuals successfully rallied legislators in parliament to twice reject attempts at establishing a local judicial mechanism to try the perpetrators of the 2007 PEV.
Then they said “We should not be Vague. Let us go to Hague.” Their wish was granted. They are now belatedly crying that Kenya is a sovereign state and that submitting to the Hague is akin to inviting back the colonizer. I dare say that this is balderdash.
These individuals must be told in no uncertain terms that any attempts to take this country to the political doldrums will be met with the full force of the law. It is therefore incumbent upon them to desist from whipping the emotions among their ethnic bases as this will further prove their culpability of the accusations leveled against them. They must know that ICC is a credible international court that will never grasp at shadows. It is also imprudent for these individuals to allow their political sycophants to issue remarks that have the potential to incite the public.
What else can one make of the statement by one MP that parliament will be forced to postpone the 2012 elections should one of the suspects not be eligible to contest the presidency come 2012 courtesy of the pending cases at the ICC? What if the said person is found guilty? Will his incarceration be the reason for the country being held at ransom? Does it mean that such an individual is more important than the sum total of all Kenyans? This is the height of political extremism. We cannot allow it to begin to show its ugly face again.
As the conscientious public we expect that those on whose behalf such remarks have been made to come not only to distance themselves from such recklessness but to also condemn it as well. Unfortunately, such incidents provide more reasons why the Hague process must go forth unhindered.
History also attests to the fact that individuals who are seemingly clothed in democratic garments and who were previously part of the impunity that was routed during the second liberation of this country do not understand what mass action means. For how can they understand mass action when they have all along stayed deep down under the rabbit`s fur? These are individuals who have nervously refrained from any kind of direct ideological challenge to the status quo. They have instead preferred politics of appeasement, aggrandizement and abandonment of the principle of democracy. To them, those of us who are incessant atoms of positive change are to be met with violence and mercilessly crushed to submission.
As part of the historical accident, some of those who helped perpetuate the undemocratic, illiberal, authoritarian and repressive political regime(s) were conscripted as change agents in the new political dispensation. However, it is said that old habits die hard. The same individuals found themselves suffocating under a bout of fresh air. For them to remain politically relevant they had to quickly find some form of mischief. The 2007 presidential election provided them with the much needed opportunity to unleash the terror that was part of their DNA. Since they were in two opposing political camps, each one thought that he had an opportunity to outdo the other. They both employed all the dirty tricks in the book to vanquish each other in order to sustain their selfish desires. Unfortunately, it is the electorate across the political divide that became the poor victims of their vicious war. These individuals discovered too late that as scions of a nearly dismembered political system their chances of survival lay in their coalescing together. Indeed, they gravitated towards each other. But for the reunification to be complete they had to shop around for a sacrificial lamb upon which to direct their ire.
They found the target of their misplaced anger in the PM. They have continually blamed the PM for being the architect of all their real and imaginary woes. Without any iota of evidence they have alleged that the PM double crossed them by colluding with the Waki commission, Ocampo, Obama (read as USA), France and even UK to fix them politically. They have since vowed to also vanquish him politically.
Perhaps these individuals imagine that we suffer from memory lapses. They think that we cannot recall that at the time when the International Community stepped up pressure to bring to an end this cycle of violence and impunity the same individuals successfully rallied legislators in parliament to twice reject attempts at establishing a local judicial mechanism to try the perpetrators of the 2007 PEV.
Then they said “We should not be Vague. Let us go to Hague.” Their wish was granted. They are now belatedly crying that Kenya is a sovereign state and that submitting to the Hague is akin to inviting back the colonizer. I dare say that this is balderdash.
These individuals must be told in no uncertain terms that any attempts to take this country to the political doldrums will be met with the full force of the law. It is therefore incumbent upon them to desist from whipping the emotions among their ethnic bases as this will further prove their culpability of the accusations leveled against them. They must know that ICC is a credible international court that will never grasp at shadows. It is also imprudent for these individuals to allow their political sycophants to issue remarks that have the potential to incite the public.
What else can one make of the statement by one MP that parliament will be forced to postpone the 2012 elections should one of the suspects not be eligible to contest the presidency come 2012 courtesy of the pending cases at the ICC? What if the said person is found guilty? Will his incarceration be the reason for the country being held at ransom? Does it mean that such an individual is more important than the sum total of all Kenyans? This is the height of political extremism. We cannot allow it to begin to show its ugly face again.
As the conscientious public we expect that those on whose behalf such remarks have been made to come not only to distance themselves from such recklessness but to also condemn it as well. Unfortunately, such incidents provide more reasons why the Hague process must go forth unhindered.
Thursday, March 10, 2011
KALONZO`S GRATUITOUS PROPHESY KEEPS HIM WAGGING HOPEFUL.
So Vice President Kalonzo Musyoka has said that come 2012, he will be in state house. Of course, not as comptroller or those other jobs whose occupiers have to constantly contend with the slaps, insults and tantrums from the most powerful woman found therein. No. He will be there as the Commander in Chief of the Armed Forces of Kenya. This is to say that he will be the fourth President of the Republic of Kenya.
When he missed the presidency in 2007 by a wide margin, he embarked on a journey to endear himself to President Kibaki with a view to scoring crucial points in the ensuing succession politics. Noting Kalonzo`s loyalty, President Kibaki never hesitated to appoint him his chief errand boy. And true to his calling, Kalonzo has unquestioningly and faithfully run errands for President Kibaki sometimes at the risk of even Kalonzo`s own political supporters interpreting his behavior as consistently and dangerously taking a sycophantic slant.
Kalonzo has remained unbothered by such criticism. This is because he has always seen himself as sufficiently philanthropic as is demonstrated in his tireless work in aid of the Ocampo six. At the international level, he has undoubtedly cut a niche for himself as a master of shuttle diplomacy. Even though his efforts are yet to bear any fruits, we cannot begrudge him. Of course, we all know how Uncle Sam and the rest of the big boys dislike those who want to flaunt their diplomatic prowess in their faces. Nevertheless, suffice it to say that Kalonzo`s has demonstrated beyond any reasonable doubt that he can die for his “brother” and in politics such gestures rarely go unrewarded.
Given that those who have been summoned by the ICC will not be in position to have their names on the 2012 presidential ballot, it is incumbent upon the orphaned political turfs to look around for an heir apparent. I imagine that the VPs soothing dirges will neither be unfamiliar nor unacceptable to them. Surely, he will not be accused of shedding more tears than the bereaved. It is only ingrates and those with short memory spans who cannot reciprocate such a kind gesture. Kenyans are nowhere near such a description. This is why the VP is wagging hopeful that he will bag all the votes in these orphaned turfs. That is understandable. After all, in Africa don`t we say that “If death were not there, how else would the inheritor get his riches”?
But philanthropy is not the only quality that the VP has. The VPs religiosity stands unrivalled. It is no secret that the VP communicates with the gods in mediums completely out of the range of the ordinary minds. Given that Kenyans are notoriously religious he is sure to get votes from a huge chunk of the electorate. I guess you recall when he prophetically said in 2007 that he will pass in their midst and none will see him? The strange thing is that the prophecy never came to be. But none of us had the guts to question the gods` mouthpiece. May be the gods had some beef with the VP and that is why the prophecy was temporarily frozen. Who knows, may be the ice has since thawed and the VP will soon be matching to state house unseen as earlier prophesied. Perhaps this explains why the VP is re-energized and has even found time amid a tight shuttle diplomacy schedule to dust and adorn his prophetic regalia and traverse parts of the country prophesying that “his 2012 miraculous match to state house is unstoppable.”
But perhaps like me, when time is ripe you may find solace in the words of George Elliot (1819-1890) who said that “among all forms of mistakes, prophecy is the most gratuitous.” You see, with prophecy it is never important whether the prophet has none of the gentleman`s instincts when strutting about its fulfillment.
When he missed the presidency in 2007 by a wide margin, he embarked on a journey to endear himself to President Kibaki with a view to scoring crucial points in the ensuing succession politics. Noting Kalonzo`s loyalty, President Kibaki never hesitated to appoint him his chief errand boy. And true to his calling, Kalonzo has unquestioningly and faithfully run errands for President Kibaki sometimes at the risk of even Kalonzo`s own political supporters interpreting his behavior as consistently and dangerously taking a sycophantic slant.
Kalonzo has remained unbothered by such criticism. This is because he has always seen himself as sufficiently philanthropic as is demonstrated in his tireless work in aid of the Ocampo six. At the international level, he has undoubtedly cut a niche for himself as a master of shuttle diplomacy. Even though his efforts are yet to bear any fruits, we cannot begrudge him. Of course, we all know how Uncle Sam and the rest of the big boys dislike those who want to flaunt their diplomatic prowess in their faces. Nevertheless, suffice it to say that Kalonzo`s has demonstrated beyond any reasonable doubt that he can die for his “brother” and in politics such gestures rarely go unrewarded.
Given that those who have been summoned by the ICC will not be in position to have their names on the 2012 presidential ballot, it is incumbent upon the orphaned political turfs to look around for an heir apparent. I imagine that the VPs soothing dirges will neither be unfamiliar nor unacceptable to them. Surely, he will not be accused of shedding more tears than the bereaved. It is only ingrates and those with short memory spans who cannot reciprocate such a kind gesture. Kenyans are nowhere near such a description. This is why the VP is wagging hopeful that he will bag all the votes in these orphaned turfs. That is understandable. After all, in Africa don`t we say that “If death were not there, how else would the inheritor get his riches”?
But philanthropy is not the only quality that the VP has. The VPs religiosity stands unrivalled. It is no secret that the VP communicates with the gods in mediums completely out of the range of the ordinary minds. Given that Kenyans are notoriously religious he is sure to get votes from a huge chunk of the electorate. I guess you recall when he prophetically said in 2007 that he will pass in their midst and none will see him? The strange thing is that the prophecy never came to be. But none of us had the guts to question the gods` mouthpiece. May be the gods had some beef with the VP and that is why the prophecy was temporarily frozen. Who knows, may be the ice has since thawed and the VP will soon be matching to state house unseen as earlier prophesied. Perhaps this explains why the VP is re-energized and has even found time amid a tight shuttle diplomacy schedule to dust and adorn his prophetic regalia and traverse parts of the country prophesying that “his 2012 miraculous match to state house is unstoppable.”
But perhaps like me, when time is ripe you may find solace in the words of George Elliot (1819-1890) who said that “among all forms of mistakes, prophecy is the most gratuitous.” You see, with prophecy it is never important whether the prophet has none of the gentleman`s instincts when strutting about its fulfillment.
Sunday, March 6, 2011
THE ART OF WRESTLING A PIG IN A MUDDY POOL.
Over the last couple of weeks, the public, herein referred to as the audience, has been treated to a never ending contest titled “The art of wrestling a pig in a muddy pool.” For one to be eligible to participate in this contest one needs to sign a consent form indicating that he is an adult of sound mind and that he has entered the contest on his own volition.
The theatre of this absurdity is the expansive fields of the country called “Nyake” which is littered with countless barnyards. Note that some of the barnyards have a striking semblance with Kenyan political parties. These barnyards have hostile and squeaky pigs lurking therein. They are the kind of pigs that would make a mockery of the pigs in George Orwell`s “Animal Farm.”
The common denominator among these pigs is that they have a penchant for muddy streams and piggy political adventure. The squeaking gets even louder as these pigs break the perimeter fence and stray into neighboring barnyards where they mingle with those that have similar orientations. They can be seen darting across the expansive fields in search of muddy pools where they taunt humans for a muddy contest.
The rules of this contest are fairly simple. Rule number one is that the prospective human participant must be willing to enjoy the muddy fight at least as much as the pig would. The longer the muddy contest the merrier it is for the pigs.
Rule number two states that for purposes of ensuring the longevity of the muddy contest, the prospective participant must not carry the detergent known as “Kibunja” into the muddy pools for the pigs know too well that “Kibunja`s” pungent smell is not good for their snorting and will thus bring the muddy contest to a premature end.
Rule number three is that the audience, will measure your success not only in terms of how fast you scoop mud to smear the muddy pigs but also how clever you are to avoid the pigs muddying you. Quite a task, huh!
Rule number four is that the participant must ensure that he has plenty of time to have a good muddy shower and a hearty laugh at himself. Perhaps the participant may just be in time to discover the fact that mud purifies the pig`s emotions. Call it some sought of a piggy catharsis. In this regard, the participant is specifically warned not to be surprised if the pigs soak him thoroughly in mud. Neither should the participant be surprised if the pigs squeal, or play dirty, or run amok or even run around in circles, small and large, tirelessly.
The good thing is that the participant will perhaps just be on right course to discover the import of the old age aphorisms that “When you fight with a pig you both get dirty and that the pig likes it” or that “you got to have a swine to show you where the truffles are.”
The trickier part is that the participant is also strongly advised to be kind and gentle. Otherwise 'the audience' will judge him and not the pigs. They already feel sorry for the pigs for wallowing in the mud, even before the contest starts. So you have to enter the muddy pool with caution - if at all.
It will also be worthwhile for the willing participant to remember that these pigs may be hurting inside, sometimes somewhere quite deep and painful...this explains why sometimes they squeak without knowing it.
After the muddying experience rule number five comes in handy. It states that when the pigs taunt you to come back for more mud wrestling contests- (as they are wont to) - make sure it is you who decides whether to 'go back for more' – and not the pigs because they (pigs) have absolutely nothing to lose.
The theatre of this absurdity is the expansive fields of the country called “Nyake” which is littered with countless barnyards. Note that some of the barnyards have a striking semblance with Kenyan political parties. These barnyards have hostile and squeaky pigs lurking therein. They are the kind of pigs that would make a mockery of the pigs in George Orwell`s “Animal Farm.”
The common denominator among these pigs is that they have a penchant for muddy streams and piggy political adventure. The squeaking gets even louder as these pigs break the perimeter fence and stray into neighboring barnyards where they mingle with those that have similar orientations. They can be seen darting across the expansive fields in search of muddy pools where they taunt humans for a muddy contest.
The rules of this contest are fairly simple. Rule number one is that the prospective human participant must be willing to enjoy the muddy fight at least as much as the pig would. The longer the muddy contest the merrier it is for the pigs.
Rule number two states that for purposes of ensuring the longevity of the muddy contest, the prospective participant must not carry the detergent known as “Kibunja” into the muddy pools for the pigs know too well that “Kibunja`s” pungent smell is not good for their snorting and will thus bring the muddy contest to a premature end.
Rule number three is that the audience, will measure your success not only in terms of how fast you scoop mud to smear the muddy pigs but also how clever you are to avoid the pigs muddying you. Quite a task, huh!
Rule number four is that the participant must ensure that he has plenty of time to have a good muddy shower and a hearty laugh at himself. Perhaps the participant may just be in time to discover the fact that mud purifies the pig`s emotions. Call it some sought of a piggy catharsis. In this regard, the participant is specifically warned not to be surprised if the pigs soak him thoroughly in mud. Neither should the participant be surprised if the pigs squeal, or play dirty, or run amok or even run around in circles, small and large, tirelessly.
The good thing is that the participant will perhaps just be on right course to discover the import of the old age aphorisms that “When you fight with a pig you both get dirty and that the pig likes it” or that “you got to have a swine to show you where the truffles are.”
The trickier part is that the participant is also strongly advised to be kind and gentle. Otherwise 'the audience' will judge him and not the pigs. They already feel sorry for the pigs for wallowing in the mud, even before the contest starts. So you have to enter the muddy pool with caution - if at all.
It will also be worthwhile for the willing participant to remember that these pigs may be hurting inside, sometimes somewhere quite deep and painful...this explains why sometimes they squeak without knowing it.
After the muddying experience rule number five comes in handy. It states that when the pigs taunt you to come back for more mud wrestling contests- (as they are wont to) - make sure it is you who decides whether to 'go back for more' – and not the pigs because they (pigs) have absolutely nothing to lose.
Sunday, February 20, 2011
CONCENTRATION OF MEDIA OUTLETS IN THE HANDS OF A FEW WILY POLITICIANS IS INIMICAL TO FREE EXPRESSION.
Thomas Jefferson once said that, "the only security of all is in a free press.” He further opined that “the force of public opinion cannot be resisted when permitted freely to be expressed. The agitation it produces must be submitted to. It is necessary, to keep the waters pure." The import of this avowal cannot be gainsaid.
We are all witnesses to what is transpiring in the Arab world, where two political regimes have already been disposed of by popular uprisings fuelled by the powerful mass media. Many other political regimes in the region are standing on political quick sand. It is only a matter of time before they are relegated to political Siberia thanks to the catalytic nature of the liberal media. African dictators are having their worst nightmare on how to contain this roguish foe. Many of them will elect not to encourage the freedom of the mass media for fear of the resultant political agitation. They will thus use every trick in the book to gag the liberal media. This may not be done overtly due to fear of international condemnations.
In order to accomplish this objective without causing a furore, many heads of states and their ideological heirs will ensure that media outlets are highly concentrated and dominated by a clique of politicians and conglomerates whose ideological leanings are not a threat to the political establishments of the day. The intent will be to ensure that the listenership, viewership and readership of these outlets is widely dispersed and, in the words of T.S. Elliot, “like foxes that have an interest in prolonging the lives of poultry”, they will ensure that only opinions favorable to their political cause will be churned out to the unsuspecting public while all other opinions will be repressed.
This view may look farfetched; however, the reality is that it is happening in Kenya. Mergers and acquisitions of media outlets by politicians either directly or through proxy is on the rise. The effect of these mergers and acquisitions has been that these newly acquired or merging media outlets have become captives to political interests.
Scribes on the payroll of these media outlets are crying foul that viewpoint discrimination through discreet outlawing of opinion that is not in the best interest of the media owners is on the increase. They lament that most of their opinions do not see the light of the day or are edited beyond recognition especially if such scribes have unearthed potentially damaging information concerning certain politicians who are either friends of media owners or part owners of the media house(s) that these scribes work for. Moreover, editorial values are rarely subject to detailed exegesis in the Editorial Guidelines.
From the foregoing, it can only be concluded that monopolistic control of the media market by wily individuals is likely to lead to the shrinking of the democratic space in the country. This is of course sweet music to the ears of despotic heads of states. Such leaders will not hesitate to facilitate an increase in concentration of media outlets in the hands of a few wily individuals and subsequently reduce the overall quality and diversity of information communicated through major media channels.
Ultimately, this gives rise to a poorly-informed public, which is restricted to an array of biased media. Such media will be out to offer information that does not jeopardize the political interests of the incumbent and his or her ideological heirs. In his book titled “Human Liberty and Freedom of Speech” Edwin Baker opines that “media freedom must be that which is geared towards the creation and maintenance of a healthy democracy in which all citizens would flourish.” Media concentration that is an antithesis to media freedom is therefore sociologically detrimental and dangerous to any civilized society.
We are all witnesses to what is transpiring in the Arab world, where two political regimes have already been disposed of by popular uprisings fuelled by the powerful mass media. Many other political regimes in the region are standing on political quick sand. It is only a matter of time before they are relegated to political Siberia thanks to the catalytic nature of the liberal media. African dictators are having their worst nightmare on how to contain this roguish foe. Many of them will elect not to encourage the freedom of the mass media for fear of the resultant political agitation. They will thus use every trick in the book to gag the liberal media. This may not be done overtly due to fear of international condemnations.
In order to accomplish this objective without causing a furore, many heads of states and their ideological heirs will ensure that media outlets are highly concentrated and dominated by a clique of politicians and conglomerates whose ideological leanings are not a threat to the political establishments of the day. The intent will be to ensure that the listenership, viewership and readership of these outlets is widely dispersed and, in the words of T.S. Elliot, “like foxes that have an interest in prolonging the lives of poultry”, they will ensure that only opinions favorable to their political cause will be churned out to the unsuspecting public while all other opinions will be repressed.
This view may look farfetched; however, the reality is that it is happening in Kenya. Mergers and acquisitions of media outlets by politicians either directly or through proxy is on the rise. The effect of these mergers and acquisitions has been that these newly acquired or merging media outlets have become captives to political interests.
Scribes on the payroll of these media outlets are crying foul that viewpoint discrimination through discreet outlawing of opinion that is not in the best interest of the media owners is on the increase. They lament that most of their opinions do not see the light of the day or are edited beyond recognition especially if such scribes have unearthed potentially damaging information concerning certain politicians who are either friends of media owners or part owners of the media house(s) that these scribes work for. Moreover, editorial values are rarely subject to detailed exegesis in the Editorial Guidelines.
From the foregoing, it can only be concluded that monopolistic control of the media market by wily individuals is likely to lead to the shrinking of the democratic space in the country. This is of course sweet music to the ears of despotic heads of states. Such leaders will not hesitate to facilitate an increase in concentration of media outlets in the hands of a few wily individuals and subsequently reduce the overall quality and diversity of information communicated through major media channels.
Ultimately, this gives rise to a poorly-informed public, which is restricted to an array of biased media. Such media will be out to offer information that does not jeopardize the political interests of the incumbent and his or her ideological heirs. In his book titled “Human Liberty and Freedom of Speech” Edwin Baker opines that “media freedom must be that which is geared towards the creation and maintenance of a healthy democracy in which all citizens would flourish.” Media concentration that is an antithesis to media freedom is therefore sociologically detrimental and dangerous to any civilized society.
Saturday, February 19, 2011
THE SANCTITY OF THE NEW CONSTITUTION HAS NOTHING IN COMMON WITH POPULARITY CONTESTS.
I must confess that I was disappointed by honorable Uhuru Kenyatta`s reaction when the House Speaker ruled that president Kibaki`s nominations were unconstitutional. Uhuru was far from the vibrant, colorful and respectable gentleman that I have known and respected for so many years. In fact, I tried hard to convince myself that the man before the cameras was but his caricature.
Staring into the cameras in so threatening a manner, he threw his hands in the air, waxing lyrical about the speaker and the PM berating the president. His speech was punctuated with heavy heaving that was in itself an indication that he felt more than half-disposed to revenge. The scene was akin to that of contending professional boxers who consumed by anger, they wish to immediately beat senseless their opponents during the weigh-in and press briefing session prior to the bout. It is no wonder that my four year old daughter cringed every time Uhuru clenched his fist and hit the table so hard.
It is incomprehensible that a man who grew up in the most decent and sophisticated places in the world, tutored by the best instructors on public discourses and anger management could so shamelessly allow himself to be consumed with anger to the extent of becoming incoherent. This is why he does not see the difference between the sanctity of the new constitution and popularity contests. I dare say that it is incomprehensible for Uhuru who even in the face of the most trying moments of his life has always managed to get his act together to allow himself to be so ruffled by the speaker`s ruling.
But then, what exactly did Uhuru mean when he mumbled something about the new constitution giving the president a carte blanche to nominate those he deems fit? If what he alluded meant the president, thinking within the box rather than outside the box then I must confess that Uhuru got the intent and objectives of the new constitution wrong.
This is because thinking within the box is less challenging and is expedient to one's own short-term interest or political survival, but Uhuru ought to know that this is the very culture that Kenyans have decried. It is this culture that took this nation to the dogs. Unfortunately, Uhuru and many of his ilk were tutored in the same culture. This is why it is unsurprising that they still have the perception that even with the new constitution political leaders can always play the Russian roulette with the lives of Kenyans. To such politicians nothing will change for the better in our country, except for the lives of the few wily politicians, more so, those born with silver spoons in their mouths and those who are always privileged enough to enjoy the trappings of power. These are politicians who have the tendency of thinking that they own the country.
Fortunately, none other than president Kibaki himself went to the streets to fight against this culture during the second liberation of this country. I therefore have no doubt whatsoever that the president took the speaker`s ruling with a stride.
The unfortunate culture aside, I am still left wondering why Uhuru was behaving like the proverbial mourner who sheds more tears than the bereaved. Given that it is not his nominees that were rejected, I am still looking for a clue on why he seemed so rattled by the speaker`s ruling that he became incapable of conducting himself with decorum. May be I am stretching my imagination a bit far, but bear with me for entertaining the thought that perhaps Uhuru had a hand in picking those who successfully made it to the disgraced list of nominees.
Perhaps, this had everything to do with a pre-determined ruling in favour of the Ocampo six were the UN Security Council to grant us the plea for a deferral and later a referral based on the understanding that Kenya had established a “credible Judicial mechanism.”
Staring into the cameras in so threatening a manner, he threw his hands in the air, waxing lyrical about the speaker and the PM berating the president. His speech was punctuated with heavy heaving that was in itself an indication that he felt more than half-disposed to revenge. The scene was akin to that of contending professional boxers who consumed by anger, they wish to immediately beat senseless their opponents during the weigh-in and press briefing session prior to the bout. It is no wonder that my four year old daughter cringed every time Uhuru clenched his fist and hit the table so hard.
It is incomprehensible that a man who grew up in the most decent and sophisticated places in the world, tutored by the best instructors on public discourses and anger management could so shamelessly allow himself to be consumed with anger to the extent of becoming incoherent. This is why he does not see the difference between the sanctity of the new constitution and popularity contests. I dare say that it is incomprehensible for Uhuru who even in the face of the most trying moments of his life has always managed to get his act together to allow himself to be so ruffled by the speaker`s ruling.
But then, what exactly did Uhuru mean when he mumbled something about the new constitution giving the president a carte blanche to nominate those he deems fit? If what he alluded meant the president, thinking within the box rather than outside the box then I must confess that Uhuru got the intent and objectives of the new constitution wrong.
This is because thinking within the box is less challenging and is expedient to one's own short-term interest or political survival, but Uhuru ought to know that this is the very culture that Kenyans have decried. It is this culture that took this nation to the dogs. Unfortunately, Uhuru and many of his ilk were tutored in the same culture. This is why it is unsurprising that they still have the perception that even with the new constitution political leaders can always play the Russian roulette with the lives of Kenyans. To such politicians nothing will change for the better in our country, except for the lives of the few wily politicians, more so, those born with silver spoons in their mouths and those who are always privileged enough to enjoy the trappings of power. These are politicians who have the tendency of thinking that they own the country.
Fortunately, none other than president Kibaki himself went to the streets to fight against this culture during the second liberation of this country. I therefore have no doubt whatsoever that the president took the speaker`s ruling with a stride.
The unfortunate culture aside, I am still left wondering why Uhuru was behaving like the proverbial mourner who sheds more tears than the bereaved. Given that it is not his nominees that were rejected, I am still looking for a clue on why he seemed so rattled by the speaker`s ruling that he became incapable of conducting himself with decorum. May be I am stretching my imagination a bit far, but bear with me for entertaining the thought that perhaps Uhuru had a hand in picking those who successfully made it to the disgraced list of nominees.
Perhaps, this had everything to do with a pre-determined ruling in favour of the Ocampo six were the UN Security Council to grant us the plea for a deferral and later a referral based on the understanding that Kenya had established a “credible Judicial mechanism.”
Thursday, February 17, 2011
CULTURE OF IMPUNITY MAKES RECURRENCE OF PEV A REALITY.
A section of legislators have been fast and furious in accusing Prime Minister Raila Odinga of incitement over remarks he recently made that the country may experience a worse round of electioneering related violence if the perpetrators of the 2007-2008 PEV are not prosecuted. These legislators have demonstrated a penchant for quoting the PM out of context in order to paint to the public and the International Community an unfavorable picture of him. It would be a great disservice to the nation if these extremes of flippancy were to go unchallenged.
In order to appreciate the circumstances under which the PM made these remarks, I wish to draw the attention of these legislators` to findings of a research titled “Reaping the whirlwinds? The Socio-Economic implications of the 2008 post Election Violence” carried out in August 2010 by The Kenya for Peace with Truth and Justice (KPTJ). Therein are research findings that show that three quarters of Kenyans in the Rift Valley consider recurrence of ethnically motivated PEV as likely. It opines that about 40 percent of the respondents plan to relocate temporarily while fifteen percent plan to migrate permanently. All the respondents agree that bad politics and the Government`s inability to deliver justice to the victims of PEV is likely to fuel another round of ethnically motivated PEV. Studies undertaken by other bodies such as Kenya National Commission on Human Rights (KNCHR), the Kenya National Dialogue and Reconciliation (KNDR) Monitoring Project, leading researchers such Synovate and Infotrak as well as a host of other civil society organizations have made similar observations within the same period.
Of much significance is the fact that these findings dovetail with findings of the Independent Review Committee (IREC) and the Commission of Inquiry into PEV (CIPEV). IREC recommended institutional reforms while CIPEV recommended that in order to tackle the culture of impunity and to prevent future recurrence of PEV there must be investigations and prosecutions of the perpetrators of the 2007 PEV.
However three years down the line, these reports seem to have found their way into the shredder. Implementation of these reports has been so much politicized. Currently there are many personal, political and even ethnic considerations surrounding the debate on the establishment of a credible local judicial mechanism to prosecute the suspects bearing the greatest responsibility over the 2007 PEV.
The country is increasingly being treated to ethnic political dynamics that are clearly aimed at subverting justice. Already some legislators are unreasonably and callously trying to push the country out of the Rome Statute as a way of expressing solidarity with those indicted. This is impunity par excellence.
The amended Set of Principles for the Protection and Promotion of Human Rights through Action to combat Impunity submitted to the United Nations Commission on Human Rights on 8 February 2005 defines impunity as: “the impossibility, de jure or de facto, of bringing the perpetrators of violations to account – whether in criminal, civil, administrative or disciplinary proceedings – since they are not subject to any inquiry that might lead to their being accused, arrested, tried and, if found guilty, sentenced to appropriate penalties, and to making reparations to their victims.”
Moreover, the First Principle of the same document opines that “Impunity arises from a failure by States to meet their obligations to investigate violations; to take appropriate measures in respect of the perpetrators, particularly in the area of justice, by ensuring that those suspected of criminal responsibility are prosecuted, tried and duly punished; to provide victims with effective remedies and to ensure that they receive reparation for the injuries suffered; to ensure the inalienable right to know the truth about violations; and to take other necessary steps to prevent a recurrence of violations.”
Going by the above, suffice to say that impunity has taken a permanent abode in Kenya. Given the altercations surrounding the president`s nominations particularly into the judicial service commission, there is little doubt that Kenya has failed to put in place credible judicial mechanisms to oversee the delivery of justice. In spite of this, forces within Government are active in seeking referral, which has now been replaced with deferral of cases against the Ocampo six. Besides there has been a deliberate attempt by a section of the Government to incite other African countries (vide shuttle diplomacy) to pull en masse out of ICC.
Given that there those in government who can be so bold in rallying other countries to support our culture of impunity it can only be that there are individuals who are prepared to go to extreme ends to defeat justice even if it means reverting to chaos. These are the circumstances that forced the PM to speak out his fears over attempts by some individuals to forestall justice.
It is therefore an act of hypocrisy for a section of legislators to demand that the PM cites intelligence reports to back claims of recurrence of PEV in 2012. Curiously the same legislators have been quick to point out (without any iota of evidence) that the prosecution of those bearing greatest responsibility in the 2007-2008 PEV will be a serious threat to national peace and security.
It can only be that those castigating the PM over his remarks are predictably malicious as is attested by their fantastic misrepresentation of facts. Hidden behind their flippant remarks is a formidable façade to pamper impunity.
In order to appreciate the circumstances under which the PM made these remarks, I wish to draw the attention of these legislators` to findings of a research titled “Reaping the whirlwinds? The Socio-Economic implications of the 2008 post Election Violence” carried out in August 2010 by The Kenya for Peace with Truth and Justice (KPTJ). Therein are research findings that show that three quarters of Kenyans in the Rift Valley consider recurrence of ethnically motivated PEV as likely. It opines that about 40 percent of the respondents plan to relocate temporarily while fifteen percent plan to migrate permanently. All the respondents agree that bad politics and the Government`s inability to deliver justice to the victims of PEV is likely to fuel another round of ethnically motivated PEV. Studies undertaken by other bodies such as Kenya National Commission on Human Rights (KNCHR), the Kenya National Dialogue and Reconciliation (KNDR) Monitoring Project, leading researchers such Synovate and Infotrak as well as a host of other civil society organizations have made similar observations within the same period.
Of much significance is the fact that these findings dovetail with findings of the Independent Review Committee (IREC) and the Commission of Inquiry into PEV (CIPEV). IREC recommended institutional reforms while CIPEV recommended that in order to tackle the culture of impunity and to prevent future recurrence of PEV there must be investigations and prosecutions of the perpetrators of the 2007 PEV.
However three years down the line, these reports seem to have found their way into the shredder. Implementation of these reports has been so much politicized. Currently there are many personal, political and even ethnic considerations surrounding the debate on the establishment of a credible local judicial mechanism to prosecute the suspects bearing the greatest responsibility over the 2007 PEV.
The country is increasingly being treated to ethnic political dynamics that are clearly aimed at subverting justice. Already some legislators are unreasonably and callously trying to push the country out of the Rome Statute as a way of expressing solidarity with those indicted. This is impunity par excellence.
The amended Set of Principles for the Protection and Promotion of Human Rights through Action to combat Impunity submitted to the United Nations Commission on Human Rights on 8 February 2005 defines impunity as: “the impossibility, de jure or de facto, of bringing the perpetrators of violations to account – whether in criminal, civil, administrative or disciplinary proceedings – since they are not subject to any inquiry that might lead to their being accused, arrested, tried and, if found guilty, sentenced to appropriate penalties, and to making reparations to their victims.”
Moreover, the First Principle of the same document opines that “Impunity arises from a failure by States to meet their obligations to investigate violations; to take appropriate measures in respect of the perpetrators, particularly in the area of justice, by ensuring that those suspected of criminal responsibility are prosecuted, tried and duly punished; to provide victims with effective remedies and to ensure that they receive reparation for the injuries suffered; to ensure the inalienable right to know the truth about violations; and to take other necessary steps to prevent a recurrence of violations.”
Going by the above, suffice to say that impunity has taken a permanent abode in Kenya. Given the altercations surrounding the president`s nominations particularly into the judicial service commission, there is little doubt that Kenya has failed to put in place credible judicial mechanisms to oversee the delivery of justice. In spite of this, forces within Government are active in seeking referral, which has now been replaced with deferral of cases against the Ocampo six. Besides there has been a deliberate attempt by a section of the Government to incite other African countries (vide shuttle diplomacy) to pull en masse out of ICC.
Given that there those in government who can be so bold in rallying other countries to support our culture of impunity it can only be that there are individuals who are prepared to go to extreme ends to defeat justice even if it means reverting to chaos. These are the circumstances that forced the PM to speak out his fears over attempts by some individuals to forestall justice.
It is therefore an act of hypocrisy for a section of legislators to demand that the PM cites intelligence reports to back claims of recurrence of PEV in 2012. Curiously the same legislators have been quick to point out (without any iota of evidence) that the prosecution of those bearing greatest responsibility in the 2007-2008 PEV will be a serious threat to national peace and security.
It can only be that those castigating the PM over his remarks are predictably malicious as is attested by their fantastic misrepresentation of facts. Hidden behind their flippant remarks is a formidable façade to pamper impunity.
Sunday, February 13, 2011
JUDICIARY MUST "LIFT THE CORPORATE VEIL" TO RECOVER STOLEN PUBLIC FUNDS AND PROPERTY.
In legal law and jurisprudence there exist three theories of legal personality: the realist, fiction and objective theories. But, it is the fiction personality theory that is quite controversial. Here, non-human or artificial bodies’ (such as companies) maybe legal entities through the fiction that human beings provide the mind and soul (corpus and animus). It therefore follows that companies have a legal identity as well as the right to own property. Companies can also sue as well as be sued in a court of law.
However, such legal entities cannot be physically present in a court of law for offences committed. Besides, such entities cannot be accused of perjury. Furthermore, unless it is through liquidation or winding up, they cannot be punished by death nor can they be subject to corporate punishment.
Given the above limitations Kenya has witnessed a worrying trend where wily individuals use companies as their alter ego. Here, a company is deliberately used to provide a legal shield for the wily individuals operating the company for their selfish intents. Such companies (some of which seem to enjoy protection from the political establishments of the day) have often gone under just before or soon after the respective political regimes come to an end. These conniving individuals hide behind “the limited liability” (which is metaphorically referred to as the “corporate veil”) whenever they are called upon to account for their mischief.
However, this protection may be pierced and personal liability imposed by the courts of law when a wily shareholder operates the company as an “alter ego” for wrongful purposes. It must be underscored that this veil is not in itself an absolute shield.
According to Wikipedia “piercing the corporate veil” is a legal decision to treat the rights or duties of a company as the rights or liabilities of its shareholders or directors. Usually a company is treated as a separate legal person, which is solely responsible for the debts it incurs and the sole beneficiary of the credit it is owed. Common law countries usually uphold this principle of separate personhood, but in exceptional situations courts of law may "pierce" or "lift" the corporate veil.
This doctrine is used by the courts to ignore the corporate status of a group of stockholders, officers, and directors of a corporation in reference to their limited liability so that they may be held personally liable for their actions when they have acted fraudulently or unjustly.
In order to have a better understanding of what “piercing the veil of a company” entails, let us take the example of a business man who leaves his job upon signing a contract forbidding him from competing with the company he has just left for a period of time. If he goes ahead to set up a company which competes with his former company, technically it would be the company and not the person competing. However, it is likely that a court of law would say that the new company was just a "sham", a "fraud" and would therefore allow the old company to sue the man for breach of contract.
A court of law would thus look beyond the legal fiction to the reality of the situation. Several courts have determined that the alter ego doctrine can be applied to Limited Liability Companies. In the US for instance, in Kaycee Land & Livestock versus Flahive, (2002), the Wyoming Supreme Court held that the equitable doctrine of piercing the veil was an available remedy under the Wyoming Limited Liability Company Act. In the UK, the corporate veil was lifted in the case between Gencor versus Dalby, because the company was the "alter ego" of the defendant.
From the foregoing, despite the terminology used that makes it appear as though a shareholder's limited liability emanates from the view that a company is a separate legal entity, the reality is that the entity status of companies has almost nothing to do with shareholder limited liability.
“Piercing the corporate veil” is therefore the only means of breaking down a wily individual`s protection. This is mostly done when such a company is the wily shareholder`s “alter ego” and is a sham or façade used to evade creditors or to defraud the public.
Given the soaring corruption cases in Kenya revolving around limited liability companies, it is the public`s expectation that the Kenyan courts would rise to the occasion by “lifting the corporate veil” to expose the real fraudsters. It would make a lot of social and economic sense if a company is barred from being the alter ego of the principal corporate.
However, such legal entities cannot be physically present in a court of law for offences committed. Besides, such entities cannot be accused of perjury. Furthermore, unless it is through liquidation or winding up, they cannot be punished by death nor can they be subject to corporate punishment.
Given the above limitations Kenya has witnessed a worrying trend where wily individuals use companies as their alter ego. Here, a company is deliberately used to provide a legal shield for the wily individuals operating the company for their selfish intents. Such companies (some of which seem to enjoy protection from the political establishments of the day) have often gone under just before or soon after the respective political regimes come to an end. These conniving individuals hide behind “the limited liability” (which is metaphorically referred to as the “corporate veil”) whenever they are called upon to account for their mischief.
However, this protection may be pierced and personal liability imposed by the courts of law when a wily shareholder operates the company as an “alter ego” for wrongful purposes. It must be underscored that this veil is not in itself an absolute shield.
According to Wikipedia “piercing the corporate veil” is a legal decision to treat the rights or duties of a company as the rights or liabilities of its shareholders or directors. Usually a company is treated as a separate legal person, which is solely responsible for the debts it incurs and the sole beneficiary of the credit it is owed. Common law countries usually uphold this principle of separate personhood, but in exceptional situations courts of law may "pierce" or "lift" the corporate veil.
This doctrine is used by the courts to ignore the corporate status of a group of stockholders, officers, and directors of a corporation in reference to their limited liability so that they may be held personally liable for their actions when they have acted fraudulently or unjustly.
In order to have a better understanding of what “piercing the veil of a company” entails, let us take the example of a business man who leaves his job upon signing a contract forbidding him from competing with the company he has just left for a period of time. If he goes ahead to set up a company which competes with his former company, technically it would be the company and not the person competing. However, it is likely that a court of law would say that the new company was just a "sham", a "fraud" and would therefore allow the old company to sue the man for breach of contract.
A court of law would thus look beyond the legal fiction to the reality of the situation. Several courts have determined that the alter ego doctrine can be applied to Limited Liability Companies. In the US for instance, in Kaycee Land & Livestock versus Flahive, (2002), the Wyoming Supreme Court held that the equitable doctrine of piercing the veil was an available remedy under the Wyoming Limited Liability Company Act. In the UK, the corporate veil was lifted in the case between Gencor versus Dalby, because the company was the "alter ego" of the defendant.
From the foregoing, despite the terminology used that makes it appear as though a shareholder's limited liability emanates from the view that a company is a separate legal entity, the reality is that the entity status of companies has almost nothing to do with shareholder limited liability.
“Piercing the corporate veil” is therefore the only means of breaking down a wily individual`s protection. This is mostly done when such a company is the wily shareholder`s “alter ego” and is a sham or façade used to evade creditors or to defraud the public.
Given the soaring corruption cases in Kenya revolving around limited liability companies, it is the public`s expectation that the Kenyan courts would rise to the occasion by “lifting the corporate veil” to expose the real fraudsters. It would make a lot of social and economic sense if a company is barred from being the alter ego of the principal corporate.
Sunday, February 6, 2011
VOTE OF NO CONFIDENCE AGAINST PM PREMISED ON WRONG REASONS.
The political marriage of convenience between certain legislators and their hitherto political nemeses has undeniably given them the numerical strength in the tenth Parliament. However, it is the manner in which these legislators intend to use their new found pact that is very much disconcerting.
First they threatened to impeach the House Speaker should his ruling regarding the constitutionality of the president`s controversial nominations go against their grains. Later own they threatened to pull out of the coalition government that they rightly accused of working at cross-purposes. On Friday last week, some legislators threatened to move a vote of no confidence against the PM for allegedly challenging the President`s “unfettered powers.”
While I acknowledge that moving a vote of no confidence against a leader of the PMs stature is the standard practice in many democracies around the world, I am also acutely aware of the fact that responsible Parliaments use this arsenal only with a view to checking on executive misconduct, or its effect, especially if the official`s unbecoming behavior subverts the structure of government or undermines the integrity of the office or the Constitution itself. In other words a vote of no confidence is only used if there is sufficient proof that a government official is behaving in a manner grossly incompatible with the proper function and purpose of the office. Secondly, it can also come in handy if such an official employs the power of his or her office for an improper purpose or for personal gain.
In Kenya such a threshold is seemingly non-existent. It may well be that a section of the political divide may invoke this power simply because they do not like one`s nose. This lacuna may seriously undermine the integrity of the office of the PM. Article 4(b) of the National Accord and Reconciliation Act, 2008, states that “the office of the Prime Minister shall become vacant if the National Assembly passes a resolution which is supported by a majority of all the members of the National Assembly, excluding the ex-officio members, and of which not less than seven days notice has been given, declaring that the National Assembly has no confidence in the Prime Minister.”
From the foregoing it is apparent that the grounds for the vote of no confidence are conspicuously missing hence leaving this crude weapon to become a matter of political expediency. Unfortunately, I can only compare the above scenario to that of monkey holding a loaded gun. In my view, the Prime Minister is simply supervising the implementation of the new constitution as per its letter and spirit. It is his constitutional duty to reject any underhand deals that may jeopardize cohesiveness in our diverse ethnic society. I thought that it would have been the failure on his part not to jealously guard the new constitution against desecration that would have engendered a vote of no confidence against him and not the other way round. Moving a vote of no confidence against the PM based on seeming realities constructed on pure lies will most certainly prove counter-productive.
In any case, those bent on exploiting this provision must know that the Judiciary, the Constitution Implementation Commission (CIC), the LSK, civil society and the public at large have all declared the nomination exercise unconstitutional. Thus, if parliament wanted to badly move a censure motion it is the President and not the PM who should be the victim of such a censure.
At this juncture, it is important to remind those legislators deluding themselves that in the event of a vote of no confidence against the PM, the president can then move forth to form a Government of National Unity and continue to govern as though nothing happened. Such a move would be tantamount to formation of a government through a serious fraud since we have not forgotten the fact that there was no clear winner in the 2007 presidential elections. Furthermore such an illegality is likely to further heighten the tensions in the country.
Lastly our legislators must know that the reason why the country at large is protesting these unilateral nominations is because they do not pass the credibility test to warrant the Kenya Government to convince the UN Security Council for either a referral or deferral of the ICC cases against the six Kenyans. I therefore implore legislators to allow reason to prevail.
First they threatened to impeach the House Speaker should his ruling regarding the constitutionality of the president`s controversial nominations go against their grains. Later own they threatened to pull out of the coalition government that they rightly accused of working at cross-purposes. On Friday last week, some legislators threatened to move a vote of no confidence against the PM for allegedly challenging the President`s “unfettered powers.”
While I acknowledge that moving a vote of no confidence against a leader of the PMs stature is the standard practice in many democracies around the world, I am also acutely aware of the fact that responsible Parliaments use this arsenal only with a view to checking on executive misconduct, or its effect, especially if the official`s unbecoming behavior subverts the structure of government or undermines the integrity of the office or the Constitution itself. In other words a vote of no confidence is only used if there is sufficient proof that a government official is behaving in a manner grossly incompatible with the proper function and purpose of the office. Secondly, it can also come in handy if such an official employs the power of his or her office for an improper purpose or for personal gain.
In Kenya such a threshold is seemingly non-existent. It may well be that a section of the political divide may invoke this power simply because they do not like one`s nose. This lacuna may seriously undermine the integrity of the office of the PM. Article 4(b) of the National Accord and Reconciliation Act, 2008, states that “the office of the Prime Minister shall become vacant if the National Assembly passes a resolution which is supported by a majority of all the members of the National Assembly, excluding the ex-officio members, and of which not less than seven days notice has been given, declaring that the National Assembly has no confidence in the Prime Minister.”
From the foregoing it is apparent that the grounds for the vote of no confidence are conspicuously missing hence leaving this crude weapon to become a matter of political expediency. Unfortunately, I can only compare the above scenario to that of monkey holding a loaded gun. In my view, the Prime Minister is simply supervising the implementation of the new constitution as per its letter and spirit. It is his constitutional duty to reject any underhand deals that may jeopardize cohesiveness in our diverse ethnic society. I thought that it would have been the failure on his part not to jealously guard the new constitution against desecration that would have engendered a vote of no confidence against him and not the other way round. Moving a vote of no confidence against the PM based on seeming realities constructed on pure lies will most certainly prove counter-productive.
In any case, those bent on exploiting this provision must know that the Judiciary, the Constitution Implementation Commission (CIC), the LSK, civil society and the public at large have all declared the nomination exercise unconstitutional. Thus, if parliament wanted to badly move a censure motion it is the President and not the PM who should be the victim of such a censure.
At this juncture, it is important to remind those legislators deluding themselves that in the event of a vote of no confidence against the PM, the president can then move forth to form a Government of National Unity and continue to govern as though nothing happened. Such a move would be tantamount to formation of a government through a serious fraud since we have not forgotten the fact that there was no clear winner in the 2007 presidential elections. Furthermore such an illegality is likely to further heighten the tensions in the country.
Lastly our legislators must know that the reason why the country at large is protesting these unilateral nominations is because they do not pass the credibility test to warrant the Kenya Government to convince the UN Security Council for either a referral or deferral of the ICC cases against the six Kenyans. I therefore implore legislators to allow reason to prevail.
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