A Political Kenya: Latest Politics and Kenya Economy News

IN HIS HEYDAY AS AN ACTIVIST in legal reforms in the 1990s, the Rev Timothy Njoya once argued that peasants who own land were poorer than those who didn’t.

Up to that point, that was one of the most profound statements I had ever heard. I wondered why people were so obsessed with land when letting go would improve their fortunes.

And that brings me to my point: That for displaced families to progress in life, they must give up their agrarian ways and seek greener pastures in towns where they have found refuge.

Many of those who fled Rift Valley at the height of the violence in January have often expressed unwillingness to return. And this is not just because their houses were burnt and their property stolen or destroyed; they realise that they can never make it in life if they go back.

It has occurred to them that their lives will be disrupted every five years. If they can gather the courage to stand by their decision despite the odds facing them in the short term, this will be the most rational decision they will have made for themselves and their children.

One of the problems that has held back many families from improving their fortunes is that they have an irrational attachment to land.

Yet, this land does not provide them with either sufficient nourishment or financial returns to justify the time, money and energy they invest to coax a harvest from it every year.

Historically, it takes a drastic — and sometimes calamitous — shake-up of the social, political and economic order for the vast majority to critically re-examine their goals and redefine their priorities. That time has come for Kenyan peasants who have been displaced by violence. An illustration will suffice.

For many years, planters in the southern states of America refused to abolish slavery even when it was evident slave labour was more costly than wage labour.

AS THOSE WHO ABANDONED SLAVE labour prospered, those who held on to the old ways were pushed to the verge of economic ruin. A war had to be fought to change the social order, abolish slavery and usher in the era of capitalism, which has transformed the US.

In Kenya, families that in the past relied on land for subsistence must now look elsewhere if they are to ensure that their descendants do not suffer the fate their parents did in January.

They can take courage from the words of Naoko Takahashi, a Japanese professor of economics, who is the daughter of a teacher and granddaughter of a peasant. She said:

“In the past, the children of peasants in Japan were doomed to become peasants while the children of teachers walked in the footsteps of their parents. But when Japan was confronted by the possibility of colonisation, it mobilised its population to learn the tricks that the colonisers were using. The answer lay in education — and the technology to make guns.”

Displaced families can learn from the experience of the Japanese and vote with their feet like the freed slaves who left cotton plantations in the south to work as labourers in northern American towns.

It may be a bitter lesson, but it can help them to secure a prosperous and modern future for their children.

The first generation may end up as hawkers competing for space at Muthurwa market, but with education and vocational skills, their children can become anything they want to be.

SOME RIFT VALLEY MPs WANT the Government to prioritise the land question. They have a point.

Their employers are slaughtering one another with abandon. From Mt Elgon through Molo to Laikipia, life has become brutish, nasty and short.

When legislator Mwangi Kiunjuri argues that the land-related violence has nothing to do with electoral politics, one is tempted to agree with him.

In Mt Elgon, where thousands have been killed and thousands more displaced, mayhem started as far back as 2003. Molo area has always been a flash-point with or without elections, with the situation deteriorating around electioneering time.

Is Molo Kenya’s Gaza Strip? The level of tribal poison there appears unique, what with people making hacking their neighbours a pastime. Today, Molo is the only place in this country — south of the Equator — where life is as unpredictable as it comes.

LAIKIPIA EXPLODES EVERY YEAR at around this time, perhaps due to drought, with pastoralists trying to force their way into the expansive whites-dominated ranches. How Kikuyu peasants there get roped in and end up being the biggest losers remains a puzzle.

Suspending normal parliamentary business to discuss the land question is a point one can understand in the face of the on-going bloodletting.

Are we talking about a National Conference on the Land Policy We Want? Tough luck, for getting consensus on such an explosive agenda would be as easy as getting Somalia back to statehood.

A Special National Committee on the Cause and Source of Land-related Conflicts? Maybe. Of immediate attention, however, is the security of Kenyans living in these zones. We can no longer sit back as sections of this country burn.

Here, the role and place of Kenya’s security system must come under scrutiny. Our security agents are either inept, on strike, outgunned or simply unpatriotic. It is hard to explain how armed bands can roam the countryside peddling death and destruction with such ease.

This country has, perhaps, the most elaborate security system in this region. The Provincial Administration stretches from the village headman to the minister for Internal Security (and the President) through the sub-chief, chief, DO, DC, PC and permanent secretary.

The Kenya Police Force comprises regular officers, the Criminal Investigation Department, Administration Police, prisons officers, the National Security Intelligence Service (NSIS), and the General Service Unit (GSU).

The Government has taken to making mass transfers and reshuffles of senior security officers in what looks like a knee-jerk reaction to the recent (or is it ongoing?) post-election violence.

That is both a statement of failure of duty by the affected officers as well as policy inadequacy on the part of the Government in dealing with indiscipline, and, or, sabotage from within.

Out-gunned? It has been recorded that the Kenya police are thinly spread (one police officer to 1,150 citizens as opposed to the internationally recommended one police officer to 440 citizens). This is perhaps the closest one can come to explaining runaway insecurity, particularly in rural Kenya.

This is evidence as to how stratified Kenya as a society is. Security priority is directly proportional to the distance from Nairobi. Even within Nairobi, neighbourhoods dictate the geography of security services. It is easier to be killed in Korogocho slums than in Runda.

While still on official security policy, isn’t it strange that we just watched as villagers in the far-flung Mt Elgon organised themselves into a formal force —Sabaot Land Defence Force (SLDF)? How many other actual or potential “forces” are we dealing with?

WE HAVE IT ON THE AUTHORITY OF respectable sources like the International Crisis Group that various communities now have their own SDLFs. What are we doing about it over and above focusing on elite power-sharing deals? Is disarmament part of the national healing process or we stay put until the next time we start hacking one another and then invite Mr Kofi Annan back?

While arresting, detaining or even executing the foot-soldiers in this game of destruction is crucial to ending the anarchy, dealing with the master-planners is the ultimate answer. It is catching these merchants of death that will enable us to come closest to a lasting solution.

Barely an hour after The Constitutional Amendment Bill No 1 of 2008 was passed by the Kenya Parliament, President Mwai Kibaki signed it into law. The same is expected of the fast tracked National Accord and Reconciliation Act, which was passed by Parliament in record time.

The two bills now formalize the grand coalition agreement between ODM and PNU affiliates.

The debate on the second bill unearthed deep seated emotions and suspicions that the two sides still harbour against each other.

William Ruto seconded the bill with calls for resettlement of IDPs and addressing the reasons why there are IDPs and tribal clashes whenever there is a contest. He reiterated that the bills are a means to an end and not an end in themselves. "We should not gross over these issues of historical injustices, tribalism, marginalization and issues of inequality that bring conflicts among Kenyans. We must close our past and close it appropriately. We must be ready to make hard decisions."

Mwangi Kiunjuri supported the motion saying quoting the bills that the two bills arose after the disputed Dec 07 presidential elections which brought to the fore deep seated emotions among Kenyans. He said that those who will have positions should not celebrate since "we are just out of the ICU and to the High Dependency Unit. You cannot send an ICU patient home to eat ghitheri". He said that MPs should embark immediately on the process of constitutional review and resettlement of IDPs reminding the MPs that the long rains are on the onset and conditions in the IDP camps are bound to deteriorate with the threat of communicable diseases becoming a reality.

He further said that even with a truth, justice and reconciliation commission in South Africa, Winnie Mandela, who fought against apartheid was still taken to court for her atrocities against humanity. The same should apply to leaders who contributed to the loss of lives of Kenyans. He said parliament should set aside funds to elect a monument of shame. Kiunjuri wondered why the bill did not address the incapacitation or bankruptcy of the prime minister and his deputies.

William Ole Ntimama attacks on Saitoti and Francis Muthaura was cut short by the deputy speaker. He had earlier said that the power sharing must be real and the bill was clear that power sharing must be on a 50 50 basis and any attempt to shortchange either partner in the coalition will be too bad. He reinforced Kibaki's call that all Kenyans should be free to live anywhere in the country and added that he should also be at liberty to settle in Meru where his grandparents came from.

Prof Anyang Nyong'o made the attorney general to commit to the interpretation of terms in the Act which usually precedes an Act of Parliament but were missing on the bill. Amos Wako, the AG, confirmed that the drafting committee did not find it necessary to change what had already signed by the principals and other friends of Kenya. He however said he was sure that the two principals were clear as to what they meant when they drafted the agreement.

After postponing the debate on presidential speech, Kenya MPs spent Tuesday afternoon entrenching Koffi Annan mediated agreement into the constitution. The agreement, in the form of Constitution Amendment of Kenya Bill no. 1 2008 and National Accord Reconciliation Bill, creates the position of prime minister and two deputy prime ministers entrenched in the constitution and pave way for a grand coalition between ODM and PNU. The bill was moved by the minister for justice and constitutional affairs, Martha Karua.

The constitutional amendment bill and an act of parliament which were the only items in the parliamentary order paper for today’s business were fast tracked through the second, committee stage and third reading as was the commitment of MPs to Koffi Annan. The bills will pave way for power sharing between ODM and PNU affiliates. The constitution amendment will lead to the naming of Raila Odinga to be named the Prime Minister and Musalia Mudavadi as one of the deputy prime minister. Martha Karua is expected to occupy the position of deputy prime minister on the PNU side.

The constitutional bill, by the second reading, managed to garner 200 MPs without any nos or abstentions. The bill required a two-third majority of 144 MPs. The agreement was signed by Kibaki and Raila on February 28th after a successful intervention of Tanzanian president Jakaya Kikwete just when the talks were about to collapse. Since then, Kibaki and Raila have been seen to closely relate together in a bid to show commitment to the unity pact.

Contributing to the bill, President Mwai Kibaki reiterated that the MPs should not loose sight of a changing world. He said that he was confident that the grand coalition arrangement will succeed and asked members to entrench the agreement into the constitution. He also reiterated the need to conclude the constitution review process. Kibaki had earlier in the day presided over the passing over parade at Kiganjo Police College.

Raila, on his part, said that Kenya is bigger and greater than all of us as he paid tribute to the international community for the role they played in the mediation process.

Martha Karua and James Orengo called for a bipartisan approach in the house. She further asked the legislators to give priority to the resettlement of internally displaced persons. Kalonzo on his part stated that the country cannot do without enacting the two bills.

Kibaki made history as the first president to contribute to a bill on the floor of the house. President Moi used to vote but never contributed. Kibaki sat with other members on the position usually occupied by leader of government business. He was in the chambers in his capacity as MP for Othaya and he avoided the seat he usually occupies during the state opening of parliament and during the reading of the budget. Raila, the soon to be named Prime minister sat directly opposite him on the seat usually sat by the leader of official opposition. The other MPs mixed and there was no demarcation along party lines.

The committee of the whole house stage which is an informal session took less than five minutes after Martha Karua moved that the committee of the whole house approve the bill without amendments. This led to the third and final reading which did not enlist any comments after which the speaker asked for another division (voting process). The vote for the third reading division had 197 yes, 0 nos and 0 abstentions. The bill now awaits presidential assent which is expected to be fast tracked as well. According to Amos Wako, the Attorney General, the bills have already been published by the Government Printers and will be signed by the president as soon as the MPs pass the second bill today.

National Accord and Reconciliation Bill 2008 was later moved by the Attorney General Amos Wako for the second reading. This was after the leader of government business and vice president Kalonzo Musyoka moved a motion to extend parliamentary proceedings beyond the mandated 6.30 pm until the house concludes its business for the day.

THIS IS A LETTER TO MPs. AS you begin debating the two ‘‘peace’’ Bills tomorrow, consider some thoughts.

For starters, the important thing in the peace deal is not the letter of the agreement; it is the spirit. Which is why you should not dismiss the ‘‘Muthaura project’’ and the leaflet circulated in Parliament on Wednesday last week.

In the spirit of the ‘‘peace deal’’, you must remember that this was never a struggle between a right and a wrong. It was a struggle between two rights. The ‘‘Muthaura forces’’ are right, although they are sheepish about their claims.

Similarly, and fundamentally too, ODM is right! And this is why you must not be rushed. In fact, you have no choice but to amend the National Accord and Reconciliation Bill. Reasons?

First I want to address ODM legislators. Good people, you are being cheated. My hunch is that PNU will support the Accord, and botch the amendment entrenching it in the Constitution. Not because the ‘‘Muthaura forces’’ are sneaky, but because the Accord is untenable in its present formulation.

If you pass the Accord before the constitutional amendment, nothing could stop the President appointing the grand coalition Cabinet the following day. And the country would break into a party.

IN THIS MOOD OF BLIND CELEBRAtion, the Constitutional Amendment Bill would be put to the vote. At this point, the ‘‘Muthaura forces’’ would ensure it does not garner the two-thirds majority.

In fact, instead of the 148 MPs required to pass a constitutional amendment, they would raise something like 145 MPs. The other MPs will either be absent or will abstain from voting. And with this, PNU will have won. They will have created the position of Prime Minister through an Act of Parliament as opposed to a constitutional amendment.

Would you blame President Kibaki for this? The answer is a resounding No! This would be blamed on the renegade MPs from PNU.

In the meantime, you would be in government with Mr Raila Odinga as Prime Minister. Would you abandon your positions and return the country to violence because the power deal was not constitutionalised? Maybe not. But if you accept the deal through an Act of Parliament, you would be cooked! Let me explain why.

If you accept the deal using the Act, PNU can decide to withdraw from the coalition at some point. This would annul the Act, disband the position of prime minister, and send all your ministers packing.

But can PNU do this? Definitely. If the country returns to normalcy and the bandit forces in the Rift Valley and Mt Elgon are neutralised, PNU can gamble on this. More so if the coalition government is problematic. And this is why you must accept nothing short of a constitutional amendment. In fact, you must insist on amending the Constitution first and enacting the National Accord and Reconciliation Bill later. Otherwise, you will be at the mercy of PNU.

Now I want to flip the argument and argue that a constitutional amendment is fatal for PNU legislators.

First, I must disagree with you regarding the creation of two centres of power. I submit that you will be the biggest beneficiaries of the position of prime minister in future. When Mr Odinga is president with 50 per cent executive powers, Ms Karua can be premier enjoying 50 per cent powers. And when Ms Karua is president, Mr William Ruto can be premier.

At any given moment, you can either occupy the position of president or prime minister with 50 per cent powers. Why would you fight such an arrangement unless you are myopic?

Second, if you plan to sabotage the Constitutional Amendment Bill, you would have a point. PNU has the numbers, but can never control Parliament. This is why, with 4.5 million votes, Mr Kibaki could only manage 45 MPs, plus some 20 or so from the fringe parties.

With 4.3 million votes, ODM had over 90 straight MPs. What does this tell us? If the prime minister is to be chosen by Parliament, PNU would stand no chance in future. This is so because some of our constituencies have as many as 100,000 voters, while others have as few as 4,000. Yet the two extremes produce one MP. And if it takes more voters to elect a PNU MP, than an ODM MP, ODM would occupy the PM position forever.

In other words, you must not rush the constitutional amendments. If you entrench this position in the Constitution, you must also go for proportionate representation in which your number of MPs is increased to match your population size. The two must be mutually exclusive and constitutionalised. Short of this, you could lose both the presidency and the premier position to ODM in future.

NOW, IF A CONSTITUTIONAL AMENDment is bad for PNU and the National Accord and Reconciliation Act is bad for ODM, what must you do?

This takes me back to my original submission: you have to amend the Accord. You have to introduce Section 9 to the Act or amend Sections 6 or 8. The amendment should state clearly that, in the event one coalition member pulls out and the Act is annulled, we should go for fresh elections.

This would secure ODM’s 50 per cent power-sharing deal and provide PNU enough time to think through the constitutional implications of a PM position.

Otherwise if the Accord is passed and the constitutional amendment fails, ODM will be the loser. And if both the Accord and the Constitutional Amendments are passed, PNU will lose big. What do you think?

LOOKS LIKE THINGS WILL BE moving at a frenetic pace. The two keys Bills supposed to open the way to the realisation of the peace accord could be debated in Parliament today.

If everything is as hunky dory as it appears, the Constitution of Kenya (Amendment) Bill and the National Accord and Reconciliation Bill will be passed in record time by popular acclamation.

This will clear the way for establishment of the so-called Grand Coalition Government with ODM leader Raila Odinga as Prime Minister.

Speculation is already rife that things could move at supersonic speed resulting in President Kibaki announcing the new government as early as tomorrow.

Whether it happens this week or the next, events have indeed proceeded at a pace that was surely unimaginable just few weeks when it appeared almost certain that the talks brokered by former UN Secretary-General Kofi Annan where on the verge of collapse.

Instead of the total meltdown we all feared at the time, Kenya is instead on the verge of a great new beginning, but a lot more will have to be done than merely assembling a national unity government or whatever it may be called.

The kind of government we are expecting is coming into place expressly as a device to pull Kenya from the brink of anarchy after the violence suffered in the wake of the disputed elections.

The violence may have been triggered by the elections, but the roots lay in long-standing issues and grievances that successive administrations — Kenyatta, Moi, Kibaki — had preferred to sweep under the carpet.

Those are the issues that the unity government is supposed to address, and they are far more important than merely providing space for the political elite agreeing to close ranks and “eat together”.

There is the danger than once every party has its quota of Cabinet ministers and senior civil servants and every major leader his allocation of bodyguards and escort vehicles, the issues that really matter could be again conveniently forgotten – until the next explosion.

It is, in fact ,quite distressing that so many so-called leaders are up to the present more preoccupied with canvassing for rank and position than in pushing for the issues that need to be tackled.

And the rest of us are fascinated as to who has what powers in the new pecking order and who gets what slot. We are putting more emphasis on the scramble by individual politicians for power, perks and privileges, and in the process taking our eyes off the graver issues we should really be focusing on.

EVEN AS WE EAGERLY AWAIT THE new power structure we must put the focus back where it belongs.

Politicians, by nature and almost without exception, are a greedy, selfish and shortsighted breed. Thus it becomes doubly important that we force our leaders to address the issues that are much more critical to the future of this nation than their own individual ego and ambition.

The successful mediation by Mr Annan and his departure was not the end, but the beginning of what will be a difficult and lengthy process of crafting a new constitutional order and resolving the issues of land rights, justice, equitable development, fair sharing of resources and a criminal gap between rich and poor.

Those are the ticking time-bombs that must be defused if Kenya is not to forever threatened with implosion.

Peace, it must be emphasised, is not merely the absence of war. And let us not forget that Kenya is not yet at peace. At best, there is a ceasefire in place and the mandate of the unity government is to continue the engagement that will bring about a permanent cessation of hostilities.

Unless our leaders tackle this aspect with due speed and diligence, there is every danger that renewed violence could be in the offing.

In the first instance, the formation of the unity government must not in any way be hampered by hardliners, obstructionists and other unpatriotic elements who may place their individual interests above the national good.

Secondly, the unity government, once in place, must move with speed to national healing and reconciliation, a process that will only be successful if the underlying issues are resolved without delay.

It is important here that all recognise that the unity government is not about leaders hitherto at odds putting aside their differences so that they can wine and dine together at our expense.

Nor is it about any side surrendering some of the power it thinks it won at the ballot box; nor about the other side winning some of the power it thinks it lost unfairly at the same polls.

The public transport crisis in parts of Nairobi following the new directive barring matatus from entering the city centre may not end soon unless the Government thinks of a more creative way of handling the situation.

Monday, the matatu operators resorted playing hard ball, blocking Jogoo Road, one of the city’s busiest, to demonstrate their anger over the directive.

And although police were able to disperse the protesters, even tow away their vehicles with which they had blocked the road, the fact remains that the directive was poorly thought-out.

For the past week, Jogoo road has turned into a motorists’ nightmare. The snarl-up arising from diverting matatus to the new Muthurwa terminus, away from city centre has caused deep frustration.

While we acknowledge the noble motive behind the plan, namely, to decongest the city, we are appalled at the level of unpreparedness that the city authorities, the police and the central government displayed.

Clearly, there was no proper plan to accommodate the passenger vehicles and ensure their quick turn-around to their routes.

Worse, commuters have been pushed to the edge. They are dropped off too far from their workplaces, overcharged for the short but tormenting journeys, or forced to walk long distances to the city centre.

In developed cities of the world, efficient public transport is a guaranteed service. Fast and reliable road and rail transport are common. This is what is missing in our part of the world, which is why matatus have become indispensable.

The city authorities have to make a choice between two evils – decongestion of the city centre or paralysis of road transport, and loss in productivity.

Local Government minister Uhuru Kenyatta and City Hall must go back to the drawing board. First they must rescind the ban temporarily as they seek alternative ways of addressing the congestion in the city. Second, and most important, they should devise a comprehensive urban transport system.

The directive by Mr Kenyatta was motivated by the noblest of intentions – decongesting the city centre – but its implementation was not only ill-timed but extremely punitive.

Mass transit system

Since Thursday last week, commuters and matatu operators alike had been expressing disquiet with the new rule that they regarded as obstructive and without merit – one of the rarest instances that the operators and their long-suffering customers had spoken in one voice.

There are just a few questions that require answers. For how long can this crisis be allowed to fester untreated?

There has never been any shortage of suggestions, even expert studies, indicating what the central Government and the City Hall should do.

The most responsible, and cost-effective so far, has been to seek ways of introducing an intra-city mass transit service in which a fleet of shuttle buses plies the city from specific places in the suburbs dropping commuters in stages set aside for that purpose.

This will allow those who do not want to drive into the city to leave private vehicles at well-secured parking lots, then they board the shuttle buses to and from the city.

And to discourage private motorists driving into the city, a prohibitive toll is imposed so that only the very rich can drive up in style every morning.

What is so difficult about the City Council seeking funds to purchase this fleet of shuttle buses, charging a minimal fare, and making a tidy profit into the bargain while de-clogging the city?

Not only will this short-term measure do the job that City Hall is trying to do, it will also give the Government time to plan and execute grand schemes like an elaborate subway or tramway service.

Kenyans are suffering for no good reason. They want their city decongested, but not at the expense of their jobs and businesses.