Why Kibaki and Raila are top candidates for The Hague

By George Nyongesa

Bunge La Mwananchi

It is foregone that ICC prosecutor Mr. Ocampo shall on 3rd of November be a guest of the people of Kenya. The ICC prosecutor will be in the country to shop around for the fastest ship or airplane services that will shortly route the masterminds of the 2007 post election murders, rape and plunders to The Hague. Mr. Ocampo's excursion seems a basket of mixed reactions for 2012 presidential hopefuls as for all Kenyans.

For Uhuru Kenyatta and William Ruto, Ocampo's mission to Kenya is a living nightmare they wish was just a bad dream. The duo is already sleep deprived and experiencing serious weightloss. For Mr. Kalonzo Musyoka alias 'miracle-man' this a divine tsunami that will drown competitors especially if Raila Odinga is part of Waki envelop. Is it any wonder that Kalonzo is on new found mission to unite Kenyans? Ask yourself where he has been over the last 2 years. For Raila Odinga, Ocampo's visit heralds good tidings for fixing the Ruto problem in the Orange Democratic Movement. On the other hand, Daniel Moi and Mwai Kibaki are also suffering a migraine from a likelihood of second miscarriage of project Uhuru.

However, Ocampo's mission considered in the right way is not a mission to fix political antagonism. It is a journey of hope for Kenyans who have for so long suffered grand impunity from their political leaders. It is the rays of dawn after a midnight of disrespect of human rights and rule of law by the powerful.

In all these it should slip our mind that it would be great injustice and an even greater debacle of democracy if the two principals are not indicted to The Hague. The violence that ensued after the bungled 2007 elections was composed of wars fought by persons who were doing it for their preferred leader between the two principals. If anything, none of the two principals is on record as coming out in condemnation of the violence. In fact, one of them issued a call for mass action to protest the stolen election, while his antagonist employed state resources of terror to quell the resulting protests. Whichever side of the divide you may have viewed it from, what ensued was nevertheless murder, rape and wanton destruction of public and private property.

If The Hague process is truly about addressing the impunity that has dogged Kenya for a long time, it must remain clear that there are very few top politicians that can claim to be clean of the impunity. The two principals cannot be absolved while their soldiers bear the brunt of the prosecution. No matter that there were people who executed the orders on their behalf, those people acted on the instructions of or misguided ambitions of their principals. Therefore, if the generals are to be indicted, it is only befitting if not imperative that the principals should lead the pack as they did during PEV. Otherwise, the Hague process would be a cosmetic approach to addressing the roots of impunity. Why should ICC come for William Ruto and Uhuru Kenyatta and leave Kibaki and Raila? If Uhuru and Ruto are guilt of crimes against humanity for post election violence, Kibaki and Raila are more guilt on the same account. Why should Kibaki and Raila get a soft landing? Who doesn’t know the two were protecting the interests of their masters? Didn’t Waki tell us that some part of violence was planned in the house on the hill?

Further, there is every logical reason that the events that led the run up to, those that characterised the elections and thereafter, are ample basis to indict the two principals. One for having failed as the president of the country, and the other for having failed as a leader of his followers. This leadership vacuum necessarily triggered the senseless killings and plunder by leaving Kenyans confused and with undirected negative energies as the two principals faced off. We cannot pussyfoot around arresting and bundling the principals in MV Hague for fear that their arrest might re-ignite post election violence. We must have the two most powerful men taken to The Hague to reassure the ordinary Kenyans that after all the rich and powerful can also face justice. We must have these two arrested to warn anyone else nursing motives of deploying tools of violence in order to acquire power. Anything short of making Kibaki and Raila to account for their commissions and omissions; for their action and inactions shall be a mockery of justice.

Mwananchi: Why Kenya should have Fresh Elections

By George Nyongesa

Bunge la Mwananchi

NB. There will be a public debate on this topic on Friday 27th March at the Professional Centre (next to Parliament Building) from 1:30pm to 5pm

The most potent question in public debate right now is whether or not to send “moribund President and ineffective Prime Minister” et al packing through fresh elections. The coalition government stands accused of failed leadership - their accuser, the discontented 70% of Kenyans per recent opinion polls and now the clerics. The prayers before the public court are that an urgent decision be reached on whether or not fresh elections should be held right away.

However, this may not be your classic open and shut case since it is clear that the fears put forward in argument are passionately considered legitimate by each side. While this is normal in any trial, each side is dangerously subjective and there is not likely to be a compromise found soon without the introduction of an objectivity criterion.

Indeed, whether we should go to elections now or not, is not a decision that can be arrived at based on subjective passions and neither can it be discussed in a vacuum. It must be considered and understood in the context of the prevailing socio-political environment of our country, because in essence this is the common ground and arena that the two sides operate within and in which they will continue to once a decision is adopted. While each side is rearing and quick to disprove the other’s argument, or will at least try to, the reality of Kenya’s socio-political context is open for all to see it is therefore only this context that can objectively temper our considerations of the merits and demerits of the necessity and timing of the elections. If we find that the returns on the merits of the aye-sayers far outweigh the demerits of the nay-sayers, then it should help even those sitting on the fence to make an informed decision in joining the crusade.

The facts - Kenya’s socio-political context

Kenya is a country that professes to be a democratic state. In this regard, Kenya has historically held general elections every 5 years, according its citizens an avenue through which to participate in the matter of their own governance. The most recent general election was held in 2007 where a record number of Kenyans showed up to entrust their rights to people whom they thought would represent their best interests. However, from the contested presidential results to the prevailing selfish enrichment frenzy exhibited by those occupying office in the August House, Treasury building and State House, it is obvious that Kenyans were grossly fooled in campaign promises and pledges.

Let us train our focus on the coalition government. When contested presidential election results triggered post election violence, deeper underlying issues were exposed and it was clear that if we were to make any progress towards righting the wrongs, we had to take a number of extraordinary decisions. One of such decisions was, in contradiction of our democratic ideals, to accept the formation of a coalition government. The truce government was formed as a result of a failed democratic process and for those that supported its formation the hope was that it was a necessary evil to get us into the work of reforming the State. This hope was reinforced by the subsequent Kriegler and Waki reports and their recommendations. However, 365 days plus later, what has become clear is that the coalition government is not excited at the idea of reforming the state. The coalition partners are just happy to occupy the power seats in contempt of where the seats draw their legitimacy – the Kenyan people.

Unlike other or previous governments in the history of Kenya, over and above the manifestos, campaign promises and pledges of the competing leaders who came together in the coalition, there was an extraordinary mandate of the government. That special mandate was aptly spelt out in the National Accord document that gave birth to the coalition government. The job description of the top leadership of that government was laid out in agenda items 1 – 4. The agendas were: cessation of hostility and restoration of rights and freedoms; solving the humanitarian issues and compensation and resettlement of IDPs; political leadership (euphemistically referred to as power sharing) and the citizenry pertinent issues (the land question, high unemployment among young people, historical injustices, and inequitable distribution of resources - which was erroneously referred to as long term issues).

In all these agenda items, the one that the coalition leaders could claim to have given dedicated attention (only because it serves their interests) is the power sharing agenda. But the agenda items that involve the larger public good such as resettlement of IDPs, looking into citizenry pertinent issues such as historical injustices, land problems, a new constitution amongst others, their dedication has paled in comparison to their enthusiasm in power sharing matters. When the government was formed, people had high hopes that after all it was bringing together a combination of three topmost presidential contenders’ campaign pledges, promises and manifestos. We had hoped that we would have benefited from the tension over what policy should be implemented from amongst these options. However, the tension is only who’s eating what, where and when amongst coalition government leaders. The casualty? The common citizen – the voter.

The priority role of any democratic government is the protection of fundamental rights and freedoms and assurance of security for its citizens both internally and externally. If we consider Kenya in the last one year, can we strictly say that the coalition government has performed well in this mandate? Our President is on record saying that 10 million Kenyans will die from starvation in the next one year. While he acknowledged the risks faced by Kenyans and put out a begging bowl to foreign nations to help feed Kenyans at a cost of approximately KSh 37billion, in the very same financial year the coalition leadership had presided over the loss of KSh 200billion through corruption and mismanagement of national resources.

Who needs government if it cannot at a minimum assure us the right to life in our pursuit of happiness? What the coalition government has excelled in is sharing in the plundering of our public coffers, sharing of our cereal reserves, fuel and other treasures that we are yet to discover, while the threat of starvation has cornered the citizens into eating wild berries, rats and other unmentionables that past freedom fighters would be shocked to know we partake instead of the fruits of the independence they fought for.

The hunger crisis has been blamed on post election violence – but then, who caused post election violence? It has been blamed on drought – but in a modern world where economic scientists have proved that drought has a limited connection with starvation isn’t this an issue of poor government planning? They also blamed it on global financial crisis – but while that problem is global, isn’t it the responsibility of individual governments to craft safety-net mechanisms to protect citizenry from the harsh elements of the crisis? If one looks around the world, leaders are working around the clock designing policies, whether independently or in concert with other nations, to ensure their citizens are cushioned. They are even going further to reassure citizenry so that they keep their trust in the government’s capability to protect them. How much can we say any of this is happening in Kenya? Have you heard coalition partners engage in fiery debate on how to protect Kenyans from the effects of the global economic meltdown? Honestly, in your estimation do you think the current leadership can match the herculean problems Kenya faces with the magnitude of creativity, innovativeness and entrepreneurship that it demands? Or do we have a leadership that hopes against hope that one day they will wake up and the problem will go away?

Economic crisis and social unrest are twins!

The section of the citizenry that is hard hit by the consequences of failed leadership and economic crisis are those lower on the socio-economic chain – those in the villages and in the slums, the plantation and industrial workers – and its foolhardy for the political class to imagine that this lot will suffer peacefully and not pay a not-so-courtesy call to our capital city in this regard. It is inevitable that they will crawl out of the hovels they have long been relegated to and pour into the city streets where they will vent and dramatize their frustration and anger. I doubt that they will suffer in peace in their rat holes while the dogs and cats in leafy surbubs are pampered with meat, milk and biscuits; a meal more expensive than a packet 2kg maize flour that local people can no longer afford.

Arguments for and against elections now

The post election violence seems to have been the first sign to the political class, the rich and middle class that something was terribly wrong. It shook them because they too were affected as the depth of their fellow countrymen’s sufferings were brought right to their doorsteps either live or through news-outlets and they caught a glimpse of what it means for people to be dissatisfied, frustrated and therefore ungovernable. It is no wonder that our legislators’ argument put forward against holding elections now is that they are not ready for a post election violence re-enactment. However, considering the current state of the nation post the National Accord the reality is that whether we like it or not, the re-enactment will occur and it is just a matter of when. And this time round it will not be about tribes but about class struggle. It shall be neighbourhood wars of the “havenots” against the “haves”, the poor verses the rich and the governors and governed. This war is so imminent that if nothing is urgently done to postpone, address or avert it soonest, it could erupt before we finish the argument over whether to have elections now or in 2012.

There are those who argue that we do not have the institutions and reforms that will ensure “free and fair elections” whose process and results are acceptable to both the winner and the loser. I pose the following questions to them: who is supposed to create those institutions? Surely, it is not Mwananchi who is suffering from the consequences of the poor leadership. When the parliament dissolved the electoral body, left a vacuum and went on recess without a back-up plan – what were they thinking? Whose responsibility is it to reform the police force? Believe me if the President and the Prime Minister wanted to reform the Kenya police they would do it overnight. But they won’t because the current police force serves well their interest of detaining us every passing day longer in a colonial state. Whose responsibility is it to reform the judiciary? Certainly not the poor Kenyans who are victims of the abortion of justice.

I posit here that historically no State ever willingly reformed itself. It is the citizenry yearning for better social organization that must force the state to reform. World over, the state’s core always dedicate themselves to maintaining the status quo. They do it lawfully or unlawfully. My misgivings about President Mwai Kibaki or Prime Minister Raila Odinga et al’s ability to lead is born of the reality that it is the coalition partners who benefit from the lack of reforms. Further still, for Kenyans to require them to carry out reform such as to replace the current constitution is to ask them to go against their oath of office. Do we expect them to jeopardise their hefty perks, disrupt mortgage repayment plans and compromise the booty from their looting spree? Shall we peacefully become captive to their con-politics and remain paralysed in failed leadership? Why should the governors use abdication of their responsibilities to argue against the governed demand for fresh elections? No, we must find some nerve to stand up and threaten that it is not going to be business as usual. An election is the language that parliamentarians listen to and therefore we must use that to extricate ourselves from the present captivity. We should not allow the political class, especially our legislators, to use the consequence of their abdication of responsibility to dissuade us from seeking fresh leadership.

There is no doubt that hostility towards the coalition government is not confined to church leadership, but they echo a majority of Kenyans who are alarmed at the paralysis and inertia of the two principals as their troops engage in a scavenger spree looting public resources as the coalition partners walk on egg shells between themselves in self-protectionism. Formation of a coalition government orphaned and left Kenyans without a watchdog to guard their interests and so coalition partners have imperiously agreed to eat in turns. It is obvious that the current leadership is not commensurate to the gigantic task at hand and therefore it is time to get one that is fit for this job. Why should we allow an illegitimate government continue to preside over serious socio-economic and political ills with impunity? The state of our nation has all the ingredients for civil strife and something must give in order to avert the impending calamitous situation.

Closing argument

There is every argument in favour of the case that our country needs a fresh leadership that is clean, lean, accountable and responsive. There is no doubt that is what will move us from the current state of the nation where 10 million are hungry, insecure and victims of human rights violation. That is what shall redeem us from the jungle of scandals of grand corruption, maize and fuel cartels, and political uncertainty. The choice that we have is enduring the prevailing conditions or seeking their alternatives – reforms or no reforms; staying as we are or progressing. Like other human beings, we too would like to see a better life. We would like to see another Kenya born in our lifetime.

Therefore, if the call for fresh elections is what ensures or reassures our belief that another Kenya is possible, why should we stay a day longer on death row? Our responsibility as the governed is to collectively describe our desire, ambitions or the ultimate goal of what we want and for the governors to worry about how to deliver it to us. In the present case, based on the outlined serious shortcomings of the coalition leadership and our desire for alternative leadership, we the people of Kenya, must demand for fresh elections and let our society coordinators put in place the right infrastructure for us to have free and fair elections. Our governors draw hefty perks to ensure that the process and outcomes of our social organization is not disrupted even from post-election violence, so let them worry about that and not make it our problem.

Verdict

Dear Kenyan, the verdict lies squarely with you. Make an informed decision but make it soon – for justice delayed is justice denied. Your choice for elections now or 2012 is a choice on how long you shall stay in the politics of empty rhetoric. It is the choice on whether to remain a victim of sickening buck passing between the principals or have a responsible leadership. It is the choice of whether to tolerate unexplained assassin bullets and continued lives of fear to deter any talk against impunity. It is a choice over whether we want to be in a free state or police state. It is a choice over whether we want to stay in con-politics. It is a choice to move from the guesswork leadership of the current leadership. It is your answer to the cries of IDPs, the poor, the hungry and the silenced voices of the struggle for your emancipation.

Update on public interest case: Hon. Muite and Mr. Nowrojee asks for more time!

On behalf of petitioners and for the cause, George Nyongesa Bunge la Mwananchi Dear Kenyans and friends of Kenya, Yesterday (Thursday, 12th March, 2009) the landmark case instituted by 17 concerned Kenyans against the Parliamentary Service Commission (PSC) once again came up for hearing before Justice Nyamu. In this case, Kenyans are in court seeking orders that the PSC be declared unconstitutional along with the law that created it and further that the High Court order the recovery of all the money and other resources the PSC has squandered on Parliamentarians since 2003. As a brief background: Wednesday, December 10, 2008 - 17 Kenyans filed High Court Petition No. 769 of 2008, at the Nairobi Law Courts, requesting that the PSC be scrapped for violating the Constitution of the Republic of Kenya, and for flouting the republican ethics that prohibit public officials from using their offices for unjust enrichment and other forms of personal gain. Wednesday, 21st January, 2009 - when the case came before Justice Nyamu, it could not proceed because the PSC alleged they had not been properly served, since the court papers were delivered to their legal office instead of their clerk. Friday, 30th January, 2009 - although the Attorney General (through whose office all bills are transformed into law and therefore had much to do with the passing of the contentious law) was ready to proceed, the PSC requested for leave of the court to instruct lawyers to appear in court on their behalf. Thursday 12th February, 2009 - the PSC was represented by lawyers Mr. Pheroze Nowrojee and Hon. Paul Muite, the Attorney General represented by Advocate Mr. Omondi and Kenyans by lawyer Mr. Kibe Mungai. At the PSC’s advocates’ request, Justice Nyamu granted orders allowing the PSC 21 days within which to respond to the chamber summons in this matter filed by Kenyans at the High Court. Lawyer Kibe further requested and was granted 7 days leave after receipt of the PSC’s response to the chamber summons, within which to reply. Consequently, the next mention of the case was scheduled for Thursday, 12th March, 2009. Update: When Justice Nyamu sat to listen to submissions on the chamber summons yesterday, PSC’s advocates told the court that they had underestimated the time required to prepare, file and serve their preliminary objection. They informed the judge that the petition filed by Kenyans against the PSC raises grand fundamental constitutional issues that they must respond to with utmost care. They also indicated that as part of their defence they plan to question the jurisdiction of the High Court to hear the petition. Justice Nyamu gave his ruling as follows: 1. The PSC, through its advocates ( Hon Muite and Mr. Pheroze Nowrojee), should file and serve both their preliminary objections and replying affidavit on Kenyans’ lawyer within 21 days. 2. Kenyans, through their lawyer Mr. Kibe Mungai, would then have 7 days within which to respond. 3. PSC’s advocates would thereafter have 7 days within which to respond to issues raised in Kenyans’ response. 4. At the end of the 35 days so allocated, Justice Nyamu will transmit the file to Chief Justice Evans Gicheru to appoint a 3 judge bench to hear both the chamber summons and the main petition. Way forward and support required: 1. Since, we- Kenyans, disagree with the move to have Parliamentarians review their own remuneration through the Parliamentary Tribunal that was set up for that purpose, we shall be amending the court documents to seek court orders that in public interest, that review tribunal be disbanded. 2. Fellow Kenyans can support us by adding your signatures to the growing list in which we aim to collect 5 million signatures to bolster our petition. Your signature counts since it will help us build a strong and stable case for Kenyans’ public interest as we make our voices heard and resist political impunity. The petition is available at www.kejude.org 3. You can also support us by building up and adding to public debate over the case and what it aims to achieve. Talk about it everywhere and anywhere that you can. Why cant we just write so many letters to the editor about this matter? Email, SMS, call, write in the newspaper, stand at the street corner and discuss this, engage your workmates, chat about it, post it on your friends’ walls in facebook... be part of the grapevine and own this initiative – it’s yours. 4. We are working on a Solidarity Fund in order to raise the resources we require in sustaining this petition. Feel free to contact us (c/o secretariat at Centre for Law and Research International (CLARION), Tel: 3871614, Telefax: 3871857, Mobile tel: 0733-542335, 0722-610567 Email: info (at) clarionkenya (dot) org Website: www.clarionkenya.org to obtain more information and to contribute to this fund. Your support through your generous donations will be most appreciated. 5. When the Chief Justice sets a date for the hearing of the chamber summons and main petition, you are each welcome to join us at court so that this is not a case of just a few individuals but all Kenyans. We are all being robbed and we must therefore all make ourselves heard in putting it to an end. For more information about this case visit www.kejude.org

25 Bunge la Mwananchi members arbitrarily arrested and held

From George Nyongesa (Bunge La Mwananchi)

Dear Kenyans and friends of Kenya,

At 9 am this morning (Sunday, 22^nd February 2009), Gacheke Gachihi - a Bunge la Mwananchi network leader in Huruma - along with 20 other youth, were arbitrarily arrested while they were having tea in a food kiosk known as “Kwa Rasta” in Nairobi’s Kiamaiko area (famous for its goat market). In addition to these, the kiosk’s owner, Joel Kimani and several more people who were outside the kiosk were likewise arrested and the whole group was taken off to a field in Mathare North. 3 women, including one identified as Mary Wanja, whose family members were amongst those arrested, followed the group and were also taken into custody by the police.

I received a phone call from another Bunge la Mwananchi member alerting me to this news at around 10 am and we have spent the whole morning trying to trace the people arrested. Visits to the Huruma police post, Kasarani police station, area central police station and Buruburu police station proved futile as the group had not been taken to any of these police stations. Finally, the group arrived at Muthaiga police station at around 1.45 pm where they are now in the process of being booked.

Although we are being denied the chance to speak with them, it is apparent that they have not been told the reason for their arrest. It appears that when the 3 concerned women had traced the group to the field and were arrested, the police then bundled them all into a police lorry that drove off and parked by the side of the road in an unknown area instead of driving to any police station. They were held in the lorry until they were brought to the Muthaiga police station. We have not been able to establish how they have been treated by the police since they were arrested, but even the delay in booking them after arrest is cause for foreboding.

At this time when the UN is investigating extra judicial killings in Kenya, it is important to point out that today’s arrests bear very similar trademarks to arrests that have previously resulted in unexplained citizens’ disappearances and deaths. Indeed, the area from which the group was picked up is an area of Nairobi in which young people are routinely picked up by police, their activities criminalised and this is followed by their sudden disappearances from police custody only to show up dead in unexplained circumstances.

This is an appeal for civic vigilance and solidarity with those arrested. We wish to highlight this as one of many evidentiary incidents of the constant threat that Bunge la Mwananchi members are subjected to by oppressive government machinery – the police. We call upon you for your support in any of the following areas:

1. Please spread the word of this latest police harassment.

2. We invite you to write to or call anyone who you think should know and can do something about this.

3. Write to the President, the Prime Minister, the Minister for Internal Security and the Commissioner of Police to demand a reason for this obvious infringement of people’s constitutional human rights by the police.Click HERE for email addresses and phone nos.

4. Lobby for the immediate release of all those arrested.

5. Even as we continue to follow up, we anticipate that we will require legal assistance and will be grateful for anyone with legal expertise to immediately join us at the Muthaiga police station.

6. We may also require financial support in bailing out those arrested.

Bunge la Mwananchi wishes to reiterate that we mean business by organising and mobilising Kenyans to free themselves from failed leadership. We refuse to and will not be intimidated by these ominous arrests and will not be deterred by police harassment.

Moi should repent for inhumanities Kenyans suffered under his rule!

By George Nyongesa

Bunge La Mwananchi

I take great exception to the article by Mr. Nathaniel Otum from Migori, titled “Moi ageing graciously” in one of our dailies dated September 7, 2008 praising Moi’s enviable public charity in relinquishing power, his wise counsel to the public and even going further to associate him with icon leaders like Nelson Mandela. These assertions, especially comparing Moi to Mandela, exemplify lack of understanding and disrespect to historical facts and are highly misplaced.

I would like to inform Mr. Otum that for 24 years, former President Moi’s government besides running our economy down and preaching tribalism in reverse; he presided over massive human indignities and loss of life. The precursor to 2007 election related violence were experimented during Moi’s rule as evidenced with 1992 Rift Valley tribal clashes, Likoni clashes and Wagalla massacres.

Extra judicial killings were perfected under Moi’s reign where security personnel spelled insecurity to their innocent citizens. Remember how many Kenyans died in the clamor for multi-partyism? It was during Moi’s watch that the country lost progressive leaders like Foreign Minister, Robert ouko, Archibishop Alexander Muge and Father Kaiser simply they had dissenting voice.

During Moi’s rule discussions on social injustices was punishable by Kidnapping and enforced disappearance or life sentences. How many journalists were tortured, maimed or killed for practicing truth telling?

Moi has never repented over the Nyayo house torture chambers and the crimes against humanity perpetrated under his government orders. That Moi celebrated his 85^th birthday only makes me wonder how many of those who died or those they left behind would have equally wanted a long life. During his rule Kenyans were oppressed, kidnapped, tortured and detained without trial. Does Mr. Otum have any idea how many became widows, orphans or mentally ill during Moi’s rule? Moi’s sporadic appearance and public commentaries are actions of a man who is in the cold and misses the public limelight.

There is a lot that Mandela loses if he is compared to Moi. Moi rightly belongs to the company of former presidents Kamuzu Banda, Mobutu Sesseko or Idi Amin. I am of the opinion if Moi’s claim that he is a Christian be true, he should publicly confess to and repent for the inhumanities he put this country especially to families who lost their loved ones and spend his retirement reciting over his rosary for God’s forgiveness over having misused his power.

George Nyongesa

Bunge la Mwananchi