Kenyan Society And Its Many Myths, Or Not!

I love looking at Kenyan politics and everyday social events for the comedy it provides as we take are treated to theatrics and take on each other. In the last couple of days many developments have taken place and in the process exposed the various political and social myths that we hold.

Let me sample a few and leave you to judge!

To start with, there is group of political commentators/activists who would want Kenyans to believe that Uhuru Kenyatta is the all rising start of Kenyan politics borrowing from opinion polls. Some even go ahead to say its is because he is facing charges at the ICC that he is gaining ground. In my honest opinion, this is a mirage. The latest poll shows that his popularity has risen to 24% up from 10% in 2010. But closely looking at the earlier polls, Uhuru just appears to have benefited from the pollsters decision to leave out President Kibaki from the options. For instance, In September 2010, the same pollster told us that Kibaki (despite not being eligible for election) was the second most popular politician at 12% while Uhuru was third at 10%. Coming from the same region with Kibaki, it is more natural than not, that most Kibaki supporters, in his absence from the polling sheet, would say that Uhuru is their favourite.

Move on to some characters in ODM still live in the 1992 Kenya where all believed that a party leader automatically becomes the party’s flag bearer in the presidential election. Rattled by Musalia Mudavadi’s sudden awakening from the shadow of other politicians, some of Raila Odinga’s allies want him not to run against him. They think it’s some sort of insubordination making you wonder whether if the D in ODM really stands Democratic. I believe the right thing to do is to have all those in ODM who want to run for the presidency go through primaries. May be we should direct these guys to a TV near them and have them see how the guys in the US are doing it.

Then there is this group of individuals who think that they represent all of us called the civil society. They are always making declarations on behalf of Kenyans and yet I have not been consulted. I should demand that they follow the Constitution and ensure that there is public participation before they make their stands known. This group of individuals have special powers and appear to know whether Kenyans slept or ate last night. They can also tell when Kenyans are opposed to something and rush to the courts or launch a petition on our behalf. For instance as a Kikuyu, I am not threatened by Raila possible presidency and I am yet to hear of any businessman who has expressed the same. But a group calling itself Kikuyus for Change had breakfast with one of the likely Kenyan next presidents and told him as much.

Last but not the least is a bunch of social media users who get into a debate without facts and when they are confronted with opposing facts go all out to insult as well as make all sorts of innuendos on other debaters. These guys are usually very loud making unnecessary, nonconstructive and more often than not stupid noise. They are those who believe that when you make an opinion on something, you are holding brief for an opponent of their political demigods!

ICC and Elections: Mutula Should Re-Read His Constitution

Earlier today, the politician in charge of Constitutional and Justice matters in Kenya, Mutula Kilonzo, moved to make another of his misplaced interpretations of the law as he urged Uhuru and Ruto to forget the ballot if their charges at the ICC are confirmed. Just yesterday, Mutula while pitching for a December election date, argued that the next parliament could use last Friday’s court ruling to argue for a 5 year term.

My friend Mutula should go back to law school, re-read his Constitution or tell us whose politics he is playing.

Starting with the ICC one, the minister seems to have forgotten that one is presumed innocent until proven guilty which is the case with the Ocampo Six who have to wait for charges to be confirmed before they can stand trial where they are still presumed innocent.

To begin with someone needs to remind Mutula that every Kenyan has Political Rights and with that he should read Article 99(2&3) which stipulate conditions under which one cannot seek election in Kenya. He should then be asked to justify how and why he thinks that Ruto and Uhuru would be acting with impunity if they contested in the elections.

The questions that I would like Mutula to answer are these:

1. Does being accused of PEV mean that the two demeaned their public office?

2. Was there any conflict between personal interests and public or official duties?

3. Did the alleged crimes compromise any public or official interest in favour of their personal interest?

4. Did they abuse their offices in their alleged role in PEV?

5. Doesn’t Article 38 guarantee Political Rights?

6. Are the two of unsound mind?

7. Are they undischarged bankrupt?

8. Have they been convicted and facing a sentence of imprisonment of at least six months?

9. Have all avenues of appeal on 7. & 8. been exhausted?

If Mutula is not acting on behalf of another politician who is interested in the Presidency, then I don’t know who is acting on behalf of because it is not Kenyans. In his capacity he should not be misreading the law as he has done with the above issue and this below.

The Minister has been on a “Wiper” gear this week since the Friday ruling on the election date. He jumped on the march 2013 date before all of a sudden insisting that the country must set a specific date for December 2012 because the next parliament may argue using the court ruling and demand for their five-year term.

What Constitution and ruling has Mutula been reading? As far as the ruling is concerned, it was majorly anchored on the transitional clauses that will not be in existence after the next election.

Whether the elections are held in December of March, Mutula should know that as per Article 101, the next election will be on the 2nd Tuesday of August in 2017 – which is the fifth year of that Parliament.He should then read Article 102 and see that the term of Parliament is set to end at that election.

My advice to Mutula – who to me is playing politics for Kalonzo – is that he should not be blinded by his political allegiance and keep misleading the country. Or better still, just take time to read the law!

Elections: How ICC Will Keep Uhuru And Ruto On The Ballot!

Kenya gets into a definitive period this week as the world awaits the International Criminal Court verdict on whether the Ocampo Six should stand trial early next week. Most people are convinced that the two cases involving six Kenyans are likely to be sent to trial.

But regardless of whether the cases go to trial or not, the verdict will effectively alter the political landscape in the country and especially in regards to William Ruto and Uhuru Kenyatta – both key political players in the upcoming general elections.

Revelation that the suspects have to be at The Hague during the trial hearing must have caused panic among supporters of Uhuru and Ruto who are preparing to run for presidency later this year. The thought of the two being away from the country political scene could be very heartbreaking for their supporters.

However, I see a situation where its a win-win situation for the two as they prepare for the epic political battle against their common rival, Raila Odinga. Whichever way it goes, the ICC process will keep the two in the 2012 presidential ballot despite all the odds.

If the charges are confirmed, Uhuru and Ruto will definitely up the stakes in the race to State House to most probably ensure that they have the capacity to derail the ICC process by being in or close to the next government. On the flipside, the two will get enough propaganda fodder against Raila who they have often accused of being behind their ICC predicament.

Precedence at the ICC shows that trial in the Kenyan cases, if the charges are confirmed, would start at the earliest point in January 2013. None of the four cases currently in the trial stage at the ICC started less than a year after the charges were confirmed.

In the Lubanga (DRC) case, the trial started in 2009 – two years after the charges were confirmed, the Katanga (DRC) trial kicked off in 2009 after being confirmed in 2008 while the Bemba (CAR) trial kicked off one and a half years after confirmation in 2009. The Banda/Jerbo (Darfur) case in which charges were confirmed in March last year, the trial will kick off later this year.

It is therefore safe to assume that this year’s election will happen before the trials against the Ocampo Six kick off, if the charges are confirmed in the next two weeks. I am drawn to conclude that this will be a major driving force for Ruto and Uhuru in ensuring that it is either them or their friends who form the next government.

In the last 9 years, Ocampo is yet to successfully prosecute any of his cases with judges asking him now and again to give more evidence and clarify matters on his investigations. Even with the Kenyan case, Ocampo was sent back early 2010 to give more information on his preliminary investigations before the judges authorised investigation.

Either way, the two suspects will be on the ballot since the Constitution only bars those who have been convicted for sentences exceeding six months and in which all avenues of appeal have been exhausted.

2012: How PNU Operatives Will Hand Over Power To Raila!

It’s that time of the cycle when we will be fed with more politics than the food we consume everyday. This year, Kenya will be holding an election that will remain key in the country’s history for decades to come.

The 2012 general elections to be held in the next 8 or 12 months will not only be transitional but will be the first in under new laws and Constitution. It will also be complex than any other in history due to the large number of positions to be filled and coming after the bungled 2007 one.

Examining the political developments so far, my analysis is that Raila Odinga will be competing against himself unless his opponents in the chaotic PNU/G7 put their house in order. And not forgetting the G47 and UDF grouping that are likely to make a major upset in the country.

It is without doubt that this will be the first election that will go into a second round given the nature of Kenyan politics. It is also like to attract the highest number of presidential candidates while a huge number of politicians are likely to stay in the cold for five years with some ending their political careers.

But this not withstanding, I believe that the PNU operatives are behaving in a manner to suggest that they do not have the appetite of forming the next government. I see them playing their politics in a manner to suggest that they would rather send themselves into political abyss and allow their main opponent Raila Odinga to form government and control parliament.

Uhuru Kenyatta, William Ruto, George Saitoti, Kalonzo Musyoka and Eugene Wamalwa appear lost to the winning formula for this election especially since the high likelihood is that there will be a runoff. Their huge egos tell each of them that they can go it alone and still manage to win which for me is a long shot.

In my own view, to form a strong government after the election, you need a strong presidential candidate with a strong running mate and a strong political party. The political party is particularly key since gunning as many MPs as possible assure any team the position of leader of the majority party.

Any government will benefit immensely by having this position as it not only assures it of having a smooth push to its business in Parliament but also gives it the number two position in the house. No president would wish to have the majority leader coming from outside their party as this creates too much of a strong official opposition.

Instead of haggling on who should be the presidential candidate, I would for free advise Uhuru, Kalonzo, Saitoti, Ruto, Eugene and their allies to concentrate on forming the three-man winning team and put together a national political vehicle. That way they ensure that they got a chance to be in government and those who fail to make it can stay relevant.

This will also ensure that they remain a strong team when the elections go into a runoff. Otherwise, the haggling over a political party and who to be candidate will only handover the presidency to their rival Raila Odinga.

ICC: Why Judges Are Likely To Ask Ocampo For More Evidence Before Confirming The Kenyan Cases!

In less than two months, Kenyans will know whether two cases on the 2007-2008 post-election violence will go for trial or not. Having closely followed the confirmation of charges hearings and the subsequent submissions by the various parties, I am convinced that the ICC is not ready to let the Kenyan cases end yet.

Not that it would be the right thing to do or not to, but my take is that the charges bought up by Ocampo on the six Kenyans will not be rejected come January. My hunch is that the Pre-Trial Chamber II judges are grappling with whether to confirm the charges as they are or take a safer option of asking Ocampo for more evidence and to amend the charges.

Even without legal training and looking at other cases before the court, one can tell that both the prosecution (with the aid of the victims’ representatives) and the defence put up very spirited arguments before the court. It is therefore hard to make a call on the cases but all indications are that the ICC has a large appetite for the Kenyan case.

The rejection of the government’s request for a deferral and access to evidence points to the determination for the ICC to have the cases move to the next stage.

The prosecution has put up good cases given the low threshold for the confirmation hearings and could be holding on to very key evidence that it probably hopes will lead to convictions. The defence, on the other hand, has done a good job in tearing into the prosecution cases, leaving some with doubts on whether Ocampo really conducted investigations.

My own analysis is that Ocampo would need more evidence to convince the judges to convict any of the suspects if the cases head to trial. There appears to be large gaps in his anonymous witness statements that contain numerous contradictions and even lack corroboration

Confirmation of the Kenyan cases will be a great PR exercise for the ICC and especially for the prosecution. It will boost the court’s standing especially among its largest sponsors in the Western nations and probably enhance its credibility.

On the flip side, confirming the cases with the existing doubts on credibility of prosecution witnesses and evidence could dent the court’s standing given the political nature of the Kenyan cases. It could enhance the arguments, especially from Africans, that the court is holding brief for the West.

If it is indeed true that some of the prosecution witnesses were extortionists or their statements were out of hearsay, confirming the cases would leave the judges having shot themselves in the foot as it would be an injustice to the suspects. Throwing the cases out would be of the same effect as the court would not be seen to be helping fight impunity in Kenya and helping the victims get the elusive justice.

The outcome of the Kenyan cases will be a big deal for the court and the country as well and January 19, 2012 will be a historic day for the two entities. As we wait for the case, you can in the meanwhile take the poll below.

Kenya ICC Hearings: A Reminder Of Who We Dont Want To Be

Since the first day of September, Kenya has had its dirty linen washed in the international arena as the confirmation of charges against the Ocampo Six roll on. As the world joins us in watching the second case, emotions continue to be ignited as people take sides on this delicate issue on something that had brought this country to its knees in 2008.

As far as I am concerned justice must be done for Kenya to completely heal and my stand on ICC is clear from my past postings. The recapping of the post-election violence events has taken some of us back to the KICC where the Waki Commission conducted most of its sittings. They have taken us back to IDP camps across the country where we could not hold our tears as we listened to those horrific stories while on duty. It’s a sad reminder of how stupidly and fast we turned against each other forgetting the great history we shared as neighbours regardless of our tribal or political affiliations.

Whether the charges against the Ocampo Six are confirmed or nor, whether they go to trial and are jailed or not, whether the government will finally prosecute the second tier of perpetrators, Kenya has a great lesson to learn this month.

We will not stop hearing of the over 1,000 Kenyans who died, of the over 600,000 who were displaced and some still are, of the millions that were lost in destroyed property. But it is my hope that as the ICC process rolls on, we will be reminded that as a country, we have more to safeguard than we lost.

The greatest hope for my motherland is that as we continue becoming emotional, angry and even vengeful as we recap that sad moment in our history, we will find a reason to keep us more united and peaceful with each other. We will get angry from what we hear, we will be reminded of images that we would rather forget, we will want to revenge but we have a choice to take the big step of embracing that despite out different tribal and political affiliations, we are the same people who breathe the same air and walk on the same soil.

I bleed, I am lost, I breathe no more by Oliver Mathenge (2009)

I bleed, I am lost, I breathe no more
Holding my breath, just as I did before
They cheat, they cry
Pretending they try

I blame me for I listened
Acting on what they said
That they would make everything right
That they would keep all in sight

Now they call me a nag
I appear they hide their flag
Yet I am asking for my right
A right that makes my life light

Will I ever learn
I made my neighbour run
No one to share in my sorrow
That which makes my spirit wallow

Yet today I whet my arrow
Ready to hound my neighbour tomorrow
Why don’t I hunt them down
Them that drained life out of our town

Them that I feed while I am hungry
Leaving my famished family angry
Them that make the laws
Laws that never arrests their flaws

Flaws that leave the country naked
Naked to reality that can’t be faked
Yet tomorrow I listen
To the slur that leaves me beaten

And then I chase my neighbour
Who previously I run to his shoulder
The day after I bleed like before
I am lost, I breathe no more

2012: What Cards Is Raila Holding Under The Table?

If I had any prospects of running for the Presidency next year against Raila Odinga, I would be a very worried politician today. His three most recent moves will leave most Kenyans guessing for a while as they point to a man who is either self-destructing or has a very solid comeback strategy.

It started with the kicking out of his close adviser Miguna through the pressure of some of his MPs. Then came the nominations to the Budget and AG offices that just stink of horse-trading. And then on Wednesday, Raila finally replaced ODM rebel MPs in new Cabinet changes.

The move to axe Ruto, Sambili and Duale and still leaving Kosgey in the cold can be viewed in three ways.

One, of a politician who is getting rid of excess baggage and cutting his loses ahead of the 2012 Presidential elections. Two, a politician who has already weighed his options and come up with a solid come-back strategy with the eminent loss of support in Rift Valley and Northern Kenya. And three, a politician who has been pushed to the edge, has reached a breaking point and is ready give up the race.

Any of the three hypothetical situations should worry any politicans serious about taking a shot at the Presidency in 2012 and plans on denying Raila the chance to lead Kenya. One of the main reason is that Raila is a very calculating politican who has managed to catch both foes and allies napping and who unlike in 2007, knows that the 2012 race is fundamentally different.

Raila knows that getting majority votes is not the only hurdle for Presidential candidates in 2012. The 25 per cent in at least 24 counties is a major hurdle that he is sure he cannot get in the areas where he still commands considerable support.

The Budget nominations were a major goof for Raila aided by the hawks around him and Kibaki and especially those around the President. They have made the two principals stink of horse-trading and nepotism that will be hard to wash off.

However, its not by accident that in the Cabinet mini-reshuffle, Raila promoted Kamar, Murgor and Sirma from Rift Valley, Mwazo from the Coast, Gabbow from the North and Nyamweya from Kisii-Nyanza.

The kicking out of Miguna from his office can easily be linked to the 2012 politics. In the face of reforms and 2012, Miguna was turning to be more of a liability to Raila for being too vocal especially on how reforms are been stalled by forces within government and always picking fights with PNU operatives. In putting together an “untainted” brand ahead of the elections, Raila needs the likes of Midiwo more than Miguna whose opinion could be interpreted to be Raila’s position.

I am not convinced that Raila is ready to give up the race to State House especially given that Mudavadi has already declared he is not going for the top job. But one day is a long time in politics and such a move wouldn’t surprise me.

All in all, Raila appears to be making too many quick moves that can be properly read or misread by his opponents. From the man who shocked fellow politicians when he prematurely declared “Kibaki Tosha” in 2002, anything is possible. We can only keep guessing.

Pre-Election Coalitions Do Not Allow Party-Hopping

Watching news on the Speaker’s ruling on the amendments to the Political Parties Bill, one could get a feeling that some of the journalists are either obsessed with the phrase party-hopping or do not care to read the Constitution.

There is a misplaced notion that the amendments pushed through by the G7 grouping which allow political parties to put together pre-election coalitions will aid in Kenyan MPs culture of party-hopping.

Even if this was the intention of the MPs, it was a short-sighted move as it is practically impossible for them to use the Coalitions as a platform for them to jump from one party to another.

While the Coalitions will give the MPs the safety of numbers while in the House, they will not insulate them from losing their seats. The Constitution recognises that one is an MP either through party or independent candidature.

This means that if an MP defect from their mother party, they will automatically lose their parliamentary seat even if their party is in a Coalition.

The Pre-Coalitions, though misplaced in a Presidential system like Kenya’s, can only be used to help a group of politicians with diverse nterests get into power.

At the end of it all, party-hopping is a thing of the past in Kenya.

Kenyan Woman, Please Blame Yourself!

I want to throw myself into the murky waters of the two-thirds gender issue at the risk of heels been thrown at me on the streets of Nairobi.

I am not sure why this issue has been turned into a battle of the sexes whle the Constitution talks of not more than two-thirds of either gender should occupy elective or appontive positions.

But from the onset, let me mention that I am not blind to the low women representation in the Kenyan Parliament. However, let me also say that I am not blind to the failure of women to take advantage of their numbers and capture more seats during elections.

It is for this reason that I find it laughable the suggestion that some Constituencies should be asked to vote in women MPs only. What if after the four cycles Kenyans can still not elect women into Parliament? For argument sake again, what if women revolt against the system they are used to and vote in a large number of women in the next election and end up taking up more than two-thirds of the 290 seats?

Anyway, they say numbers don’t lie and it for this reason that I believe that women have had their chance to increase their numbers in Parliament but failed to do so.

Out of the 12.6 million registered voters for the 2010 referendum, 49 percent were women. This number was an increase from the number of women who had registered in the last general election. In the 2007 general elections, the ECK registered 14.2 million voters, of whom 6.7 million were women.

From the numbers we can, for argument sake, say that women have had the chance to take up at least 40 per cent of the seats in Parliament, since they can selfishly cast their vote for a woman, but failed to.

But then there is another aspect, women have, even when they have had the chance, shied away from joining elective politics and therefore we shouldn’t blame the electorate for failing to vote in women since the choice is not there. And where the women contest the elections, they have failed to convince the electorate that they are the best of the pack.

For instance, during the recent by-election in Kamukunji, there was only one woman out of the feld of eight meaning that there was only an 1/8 chance that Kamukunji could be prepresented by a woman for the remaining part of the 10th parliament. And while, the winner of the contest captured more than 14,000 votes, the only woman candidate did not get more than 300 votes.

Turning to the Constitution, I believe that the issue of gender equity was, in the mind of the drafters, supposed to be progressive. Even Rome wasn’t built in a day.

I thus believe that this is the reason why the CoE ensured that there are 47 women MPs – one from each County – outside the 290 Constituency seats that are to be contested competitively.

The bottomline is that the woman voter in Kenya has an equal position of ensuring that she gets the person of her choice to represent her in parliament just like the male voter. Therefore, she should not, in the quest of attaining a progressive principle, trample on the rights of others to make that choice.

Kenya: One Year After Promulgation of a New Constitution

August 27^th will be one year since Kenya ushered a new order after nearly two decades of failed attempts to give the country a “progressive” Constitution. A new Constitution appeared to finally get Kenya to a new desired level of good governance, accountability and respect for individual rights.

Despite various mishaps, one year later, Kenya can be said to a be a totally different country as the Constitution finally moved to put n check past misdeeds especially in governance. President Kibaki whose signature appears on the promulgation copy of the Constitution was the first casualty of the new law pointing to a new era to those scrambling to succeed him next year.

Kenya needed a new order, one to change the system, which was bringing the country to its knees. The Constitution made it clear by blocking the nomination of key judicial officers made by President Kibaki that the Country is no longer an individual.

Though some powerful cliques in the ruling class and the civil society have tried to then and again hijack the system, the checks and balances resulting from the new Constitution have isolated Kenyans from such moves.

The country still fall behind in the implementation calendar put in place by the Committee of Experts. This is a good and a bad thing at the same time. Good that we are careful enough to put in place the right and deserved mechanism for implementation and bad because some issues are rather urgent.

Having said that, it is important to point out that it will be immoral for Kenyans to blame MPs for failing to pass the necessary legislation and even move to send them home after August 27 if they fail to meet the deadlines. And it is for the reasons argued earlier on this blog that I believe the CoE put in place a provision for a 12 month extension.

My argument has always been that the problem we have in Kenya is the system, which cannot be solved by changing MPs or Presidents. The Constitution gives us a system, which through checks and balances, will ensure that it is the system that dictates what Kenyans will do, and not Kenyans, in their selfishness, dictating to the system what it should do.

Still a lot of work is needed in dealing with some of the other non-legal issues that drag the Kenyan society behind. Kenya is divided in different cultures that must be tackled progressively to enable the country move forward.

There is a culture of the middle class, which remains mostly aloof, is ignorant and does not bother to find out further than what it sees on Facebook, Twitter, Blogs, Newspapers, Radio and TV. Those of us in this culture are comfortable that we have a salary every end month that will pay our bills, buy us a new shirt, fuel our car and buy us a few beers every evening as we wait for the next payday.

For the middle class Kenya, every rumour especially if it is on Twitter or Facebook is true until proven otherwise. This culture has abandoned the culture of care in society. Meet-ups/parties are organised online, congratulatory, birthday and condolences messages are made on the Internet even when those concerned are on out phonebooks.

The middle-class will run a campaign against MPs on Twitter and Facebook and yet it does not have the necessary simple facts such as Parliament cannot pass bills that it does not have. Some you can be sure do not even know who their MP is and are not even bothered on what motions their representative has introduced in Parliament.

It ain’t such a bad culture but continues to drive this class further from the realities of this world such as inflation, the weakening shilling etc. It has at times moved to unite Kenyans though just amongst itself.

Then there is the sensational media culture, which has yet to learn from its conduct ahead, during and immediately after the 2007 elections. I wonder how many of us journalists have read what the Kriegler and Waki Commissions said about our conduct during the country’s lowest moment.

Today, the media will recklessly report issues – whether a matter national important or not – without thinking of how that impacts society. It will run programmes that while aimed for entertainment just move further to degrade the societal fabric.

Some journalists appear to live in a world of “let’s report first and fast – and also selectively – then seek clarification later”. Even a simple reading of the Constitution or any other law has been misreported more often than not leaving some of us wondering the intentions of the said journalists.

Then there is the “tunaomba serikali” culture. This is the group of Kenyans who believe that it’s always the government’s fault that they are going through whatever they are going through and it is therefore the government’s business to come to their aid.

It is the group of Kenyans who will complain about the lack of water and yet there is a river 200 metres away from them. They will complain about the lack of jobs while behind them are acres of fertile land yet to be tilled and the rainy season is approaching.

Finally we have, the corporate and rich-man culture that is always out to make a kill of every issue affecting Kenyans. This is of businesses raking in billions of shillings in profits in a country that is facing escalating inflation, high fuel prices and a weakening dollar.

A culture of individuals gong to every length including mega corruption to ensure that the next richest does not overtake them. A culture of corporates lining up to take photos of the dummy charity cheques as if they have just learnt that part of the population they rely on to make the profits is suffering.

Kenya is a great country that now has a good governance system thanks to the new Constitution but we will tarmac in this same position if we do not change our altitude and culture.

As Kenya’s second republic celebrates its birthday on August 27, let’s promulgate new attitudes and cultures as Kenyans.

For the middle class Kenya, every rumour especially if it is on Twitter or Facebook is true until proven otherwise.

The Development Set by Ross Coggins

Its interesting how a poem written in 1976 can make so much sense of the world we live in today!

The Development Set  by Ross Coggins
“Adult Education and Development” September 1976

Excuse me, friends, I must catch my jet
I’m off to join the Development Set;
My bags are packed, and I’ve had all my shots
I have traveller’s checks and pills for the trots!

The Development Set is bright and noble
Our thoughts are deep and our vision global;
Although we move with the better classes
Our thoughts are always with the masses.

In Sheraton Hotels in scattered nations
We damn multi-national corporations;
injustice seems easy to protest
In such seething hotbeds of social rest.

We discuss malnutrition over steaks
And plan hunger talks during coffee breaks.
Whether Asian floods or African drought,
We face each issue with open mouth.

We bring in consultants whose circumlocution
Raises difficulties for every solution –
Thus guaranteeing continued good eating
By showing the need for another meeting.

The language of the Development Set
Stretches the English alphabet;
We use swell words like “epigenetic”
“Micro”, “macro”, and “logarithmetic”

It pleasures us to be esoteric –
It’s so intellectually atmospheric!
And although establishments may be unmoved,
Our vocabularies are much improved.

When the talk gets deep and you’re feeling numb,
You can keep your shame to a minimum:
To show that you, too, are intelligent
Smugly ask, “Is it really development?”

Or say, “That’s fine in practice, but don’t you see:
It doesn’t work out in theory!”
A few may find this incomprehensible,
But most will admire you as deep and sensible.

Development set homes are extremely chic,
Full of carvings, curios, and draped with batik.
Eye-level photographs subtly assure
That your host is at home with the great and the poor.
Enough of these verses – on with the mission!
Our task is as broad as the human condition!
Just pray god the biblical promise is true:
The poor ye shall always have with you.

Only The Remuneration Commission Will Save Us From These Greedy Kenyans

Even before the dust settles on the Public Service Commission breaking the law and awarding the Commission for the Implementation of the Constitution hefty salaries, Kenyan MPs are about to do the same and  raise their salaries in order to meet new tax requirements.

The same MPs passed the Salaries and Remuneration Commission Bill that is to set up the body that will set and regulate the salaries of State officers. But the same MPs are now using a report that has been overtaken by events to push for another irregularity just like the PSC did.

Someone asked me to explain how the PSC and eventually the government broke the law when setting the CIC salaries. It is just a simple case of sidestepping one law in trying to fulfill the provisions of another.

It is true that the CIC Act in Section 17(1) provides that the Commissioners’ salaries and allowances be determined by the PSC in consultation with the Treasury pending the establishment of remuneration commission.

PSC and Treasury needed to fall the set out guidelines under the Constitutional Offices Remuneration Act. And so they did and the PSC placed the CIC commissioners under Band A1 borrowed flauting the very law. In 2008, the government through a gazette notice published the salary structures of Constitutional office holders.

Band A1, according to the Act, is for persons in the level of Attorney-General and Chief Justice where the starting salary is Sh399,440 per month with an annual increment of 10 per cent with a ceiling of Sh916,500. Chairpersons of commissions fall under Band A2 where the starting salary is Sh292,765 with the maximum being Sh576,120 while members fall under Band A3 which attracts Sh232,960 to a maximum of Sh481,318.

The CIC chairman is to get Sh1.3 million monthly which includes a basic salary of Sh849,360, his deputy is to get 1.17 while the other seven commissioners will receive Sh1.14 each per month, backdated for seven months. Members of Commissions that have existed since 2008 when the salary structures were published are earning slaries ranging from between Sh600,000 and Sh800,000.

At the Interim Independent Electoral Commission, the chairman earns Sh600,000 without allowances while the members get Sh400,000. The total package of the Truth, Justice and Reconciliation Commission is Sh800,000 while at the National Cohesion and Integration Commission, the chairman earns Sh700,000 and members get Sh550,000.

I believe, just like Muthaura, in determining the level of pay, the Government will always be guided by the prevailing economic circumstances in the country even is the role of the said officers is perceived to be as crucial as implementing the Constitution.

Back to MPs. Kenyan parliamentarians have a history of rewarding themselves whenever they feel like it and are reportedly about to do so – a move that has angered most Kenyans. Other than this, the MPs want to ensure that their future is secured through taxpayers money by awarding themselves a retirement package of Sh90,000 per month after they leave parliament.

Increasing their salaries is what always seems to unite the MPs across the divide – a trend that has to be stopped sooner than later. This thus calls for the fastracking of the formation of the remuneration commission which is to review and set the salaries of State Officers.

But the setting of the salaries is a tricky job even for an independent commission such as the proposed S&RC. This is because the Commission must ensure that the salaries are financially sustainable, are able to attract persons with the necessary skills to enable those bodies to carry out their functions.

All in all, we need the Salaries and Remuneration Commission in place soonest.

I Am Not Ready To Make Any Donations Next Year

Over the last decade, my heart has wept as Kenyans are called to make donations to help those affected by famine. We have had the “Okoa Maisha”, “Save A Life Fund” “Kenyans Against Hunger” and now we have “Kenyans4Kenya” and I am sure next year we will have another one, if we don’t act.

But I am now tired of donating and think its time we collectively as Kenyans came up with permanent solutions that will ensure that we don’t start another initiative. I am hesitant to blame our politicians but rather every Kenyan though I agree with many that we lack a proper leadership.

On May 26, 2009, I went to Lodwar and for the first time in my life had a first hand experience of the famine in the northern region of Kenya. I would later document it in a news feature (read it here).

Two years down the line, the same things are happening, babies are watching even their mothers die and the opposite and the situation appears to be getting worse. And the only question that I continue to ask is for how long shall we wait until people start dying to act?

Its clear that all initiative, however noble, have been temporary and we are likely to be in the same cycle for another couple of years.

Since 2009, Kenya has had a National Policy for Disaster Management and National Disaster Response Plan to guide in the disaster risk reduction. There is also a National drought disaster fund but the question still begs where is the problem and where do the solutions lie?

Why are we as a country unable to store the bumper harvest that will ably produce each year in the main agricultural areas of the country? Why are we unable to tap the rain water that at times flood some parts of the country to the extent of causing deaths?

With 70 per cent of the Kenyan land being Arid and Semi-Arid, what mechanism have we put in place to ensure that we make these areas more productive? Why are meat processing factories far from the source – mostly from pastoralists in the ASAL regions?

What policies has the government put in place in the last 2 decades to improve food security in the country? What is the role of the ordinary Kenya in contributing to food security in the country?

Unless we answer these critical questions, next year we will be running around pushing another initiative seeking donations to help feed Kenyans. So as we continue to make our contribution to the MPesa Bill Number 11111, lets open debate on what must be done to avoid the same thing later.

I Love You

You make my heart want to skip a beat
Your beauty is awesome to behold
All my body can tell me is that you are its heat
All I want is you to hold

To love you is all that I want and need
To care forever for the sweet you
I just need one chance to deal your every need
I will always strive to keep a happy you

Gal give me this chance and I will be real
Real to the fact that I love you for sure
Real enough to make you feel like a queen for real
Gal you don’t know but you is my cure

©Oliver Mathenge, 2011

Loving You is All I Want

It takes great courage for me to write this

Coz this is not any of my usual rant

It’s one of those that leave me asking what it is

But loving you is all I want

 

I want that tight hold one more time

I want to feel the warmth of you kiss again

I want that touch that seems a crime

Coz loving you is all my gain

 

You make my heart want just to love you

You make me want to complete me

You make me want to make a good life for you

But you make me think you are too good enough me

All I know is that I want to love you forever

 

©Oliver Mathenge, 2011

The Naked Truth

No this is not a confession and no it is not a random thought!
The scene is outside the I&M building… actually the clothes shop (I forget the name) located at the building.
My colleagues and I were on our way to Kibera to witness the PM announce that November 22 will be “Kisumu Day” in Nairobi!
We (all men) noticed naked (female) dummies being cleaned by some shop attendants. Yes, we laughed and joked about the nakedness as we moved on with the journey.
And as we headed back…I peeped at the same shop (I don’t know if the the rest did) and if they did then may be there was nothing to talk about.
The two scenarios made me think as I came to work today.
I thinking is this…may be if we allowed ourselves to tell the naked truth may be…just may be we would have enough to speak on. Just may be we will open up the opportunity for all of us to be able to discuss freely and free ourselves from the yoke of secrecy.
May be when we allow flow of naked truth, respect for the differences that have served more to divide us will settle in.
Nakedness of dummy humans made the moment for the five of us….may be the naked truth will make the lifetime for humankind!
Have a naked night…ooh…or day depending on where you are and when you read this!

Drunken and Disjointed Thoughts!

I love and hate Saturday nites like today!
One of those where your are in the house alone swallowing one of your kahalf brandy (this is meant 2 help you know what 2 serve me when me come visiting) while listening 2 loads of pirated dj mixes!
You are done reading the day’s women pullouts in the dailies!
Well if you are like me, you will start having drunken and disjointed thoughts!
It is one of those nights.
After reading Men Only, Codename Stubborn and Man Talk I concluded that if I was a she I would not have done anything differently in BBA3. The modern woman is just that – complex.
Whisper Cafe then tells me that a woman’s sex drive begins 2 drop once she gets into a stable relationship.
No wonder the booming biz at Apple Bees! Though 2 drunk dudes in a mat earlier 2nite made me think that its the buy 1 get 2 beer offer that is taking guys there.
Finally, I am suing NTV (more like suing my boss) for making me anticipate laughter 4 an entire 30 mins as I watch my first episode of the Weekly Show…

One 4 the Sistas Pt 1

I am writing this at the risk of being beheaded by the brother. But someone has to say it… Ladies, men are not complicated! It is only that we need you to take good care of our feelings not to mention our stomachs, clothes and the remote.

We want you to allow us to stay out late without necessarily questioning our motive. Oh, and the Saturday and Sunday afternoons to watch the game! We spent a good part of our childhood being babied and that’s what we refer to today as nagging!

We also experience monthly hormonal imbalance only that it affects our wallets hence the decline in number of coffee dates at that time. It is not that we do not like many shoes or the closet full we just think it is OK to just have enough.

Buying a rabbit our son is a good punishment as spanking him (from experience trust me it is not easy to take care of those buggers). Sorry guys for sharing the secrets. Part II is on the way hopefully before this bottle of Richot is over!

One 4 the Sistas Pt 2

Allow me 2 finish this off since am struck in this Nairobi traffic.
Sisters, if you see our eye shift to another of your kind it has everything to do with her. She may be on the way, looking ridiculous or may have done her hair better than you today. If you find us looking at you and seem not to be listening we are just thinking… how beautiful we would look in the new Lexus… Of course, you would be somewhere in it!
It is not that we don’t like your male pals, it is just that we feel the same way you do about our female pals.
We can cook, and cook well for that matter, but nothing tastes better than a meal that we didn’t burn our fingers making.
I think that’s enough….

A word for the Nairobi Eve

I choose to move against the wave and write on something that may make me wear stunners as I walk around Nairobi from this evening.

Well, for the last few weeks it has either been about Obama, Waki or Kriegler and now the highly expected demolition along Thika Road. I am tempted to tackle all of these topics especially the last one but I think they are over done.

There is one character in modern day Kenya referred to as the Nairobi Eve. The term has been used to refer to a woman who had been cultured into the city life, mostly from a tender age. However, the Nairobi Eve can be used to refer to even those who have come to the city and are now part of the system.

The Nairobi Eve has been termed as complex, sophisticated, one who loves partying and is not ready to settle down into a responsible wife and mother. This may be overrated but my brothers cannot fail but attach this tags to the Nairobi Eve.

I have chosen to give free counsel to the Nairobi Eve in case when she is still finding it hard to be taken seriously by my brothers.

Dress Right! To begin with, how you dress whether you are just loitering, in the office or busy shaking it in the club matters a lot. It is the first thing that sets your apart from the Nairobi Eve. Men are selfish! They want an exclusive display of skin not one that has been stared at the whole day. A well groomed man falling for a rugged you can only be in your dreams after an overdose of Mexican soaps. Keep yourself well groomed.

Size matters! First because no man wants to sleep squeezed to less than a third of the bed. Imagine how it would be when your two year old son has had nightmares and must share the bed with the two of you for the rest of your night! Then again, men want flesh on those bones – so keep those slimming pills away.
Keep that African body, skinny women belong to the runway – its all about job creation for the cameramen, designers and of course the event organisers and sponsors.

Learn how to cook! It is not that men do mind making their own meals but the Nairobi Eve has been accused of not being good in the kitchen. The thing is that men hate burning their fingers and would not mind someone doing it for us. Then again, men want to be sure that while they are busy toiling your in laws and of course the kids are well taken care of.

There is more than the club! This life has a large collection of activities, you must not be confined to the club. Actually, most men go to the bar over the weekend to enjoy football and the extension just comes naturally. And then since you have confined yourselves to the club, men cannot help but stay there late in an attempt to make life more habitable for you.

It is the economy, stupid! As the relationship grows so do responsibilities, needs and prospects grow. Then again Nairobi has also been hit hard by inflation if you haven’t noticed. If you are not actively throwing ingredients into the family budget, kindly stop digging in to much into it. Men want you to have a comfortable life that is why they are are saving for that car and house.

Finally be there! I have heard most men complain that their Nairobi Eve is emotionally and physically unavailable. That is the worst mistake that you will ever make, then you will wonder why your man has fallen for another Nairobi Eve.

Well, to all Nairobi Eves, please do not throw your hand bag or stiletto at me when you spot me around. I am just trying to see if men can finally demystify the Nairobi Eve!

Ask your leaders to remember us

Surely, you notice me every morning
And yes that’s me as you rush to catch the bus at sundown
No, I am not in any way mourning
This is my life; do not be deceived by the groan

Yes! That is my spot that you pass-by as you rush home
Surely, you must have noticed me
It is what I call home
Yesterday I asked you to buy me tea

But you did not even take a glance
Or is it my wrinkled face that blocks your view
Are you sure, your heart did not want to take a chance
Or is my blanket to dirty for the slightest sneak preview

I am not as heartless as they make me look
Look, I even have my toddlers with me
Ask them whether mama has not read them a book
It is keeps their stomachs calm

Maybe you are always in a hurry
But tomorrow just wave at us
You may just lessen our worry
But ask your leaders to remember us

I believe in me!

As I down my viceroy and blacken my lungs with dunhill, I cant but think of this life.
Nothing interesting on tv other than replays of soccer.
Wifey had a long night and day so she has already hit slumberland.
Before I miss the point let me declare how much I believe in me.
I no longer trust the system – especially our leaders.
I have no option but to believe in me. I believe I can be better than you, so stop standing in my way.
I have the courage to take the risk, stop trying to stop me.
I have the potential to commit suicide or quit but I will not do it. I will continue working hard coz thats what keeps me going.
I have the talent, skill, will, capability,determination, strength, gusto, knowledge etc to make me the best. Yes, I do fear.
But my greatest fear is that I am and will continue to be a believer of myself.

My Brother Uganda Please Return My Rock

Dear Brother Uganda,

I am not about to tell you that you took what is mine without my permission. That you already know since some of my inhabitants have used it as an excuse to uproot a railway even though the real issue was that their colleagues had caught them using unpaid for electricity.

Uganda, you have been a dear brother. You have allowed my inhabitants to cross to your side and study for half the fees they would have used here. You have allowed my business inhabitants to exploit your surface by erecting banks, schools and now supermarkets.

In the same manner, I have allowed your inhabitants to use me to transport all kinds of substances from the bigger water body – the one that has no Mijingo. I have in many circumstances come to the aid of your inhabitants as they freed their brothers who thought they are not good enough living in you.

My Rock

Now to the matter at hand. I know you think since your inhabitants can easily chase each other out of you, they are mighty enough to stand against us. Remember in 2008, when you had to cry asking me to ask my inhabitants to stop chasing each other around me? I am talking about that time that fuel prices went so high in you that most of your inhabitants resorted to bicycles.

Well, if you do not want to see this happen again please place back that rock… it belongs to me and we all know that. That rock is too small for me to have it go but it will leave me deformed. Some of my inhabitants are called army and others navy.

These guys have some things that resemble rocks and go BOOOOOM!. Those rocks may be small but have the capability to sink that rock I call Migingo and you call Mijingo… But I do not want us to get there.

It will be painful for me to lose a part of me and you too may lose some of your inhabitants since I will have evacuated mine who you have been harassing because of fish. And by the way, I have not paid attention do the fish from your part of the queen’s lake have number plates… well I am sure those from my side do not. So why arrest my fishing inhabitants when they capture the fish from you that come to me.

A long time ago, the kings of me pushed the kings of you back as you tried taking a part of me. The current king does not like quarrels, he thinks it is is upubavu and those who quarrel are mafi ya kuku… I am sure you know what these means by now.

Now my dear brother, I am begging you to return my rock… I will still allow your inhabitants to come capture fish whether those with Kenyan or Ugandan number plates.

Your timid brother, Kenya.

To My Unborn Child Pt 3

Cont’d…

Well we thought we had told YOU all in Part II… but I have every reason to write to YOU one more time.

My unborn child, I write again to give YOU an update on what we are doing to give YOU a comfortable life.

To tell YOU the truth things are thick. We are faced with an economic downturn does not seem to want to go away. We wonder whether it will be gone by the time YOU arrive.

But YOUR mother and I have not forgotten YOU. Everyday we look out for ways to ensure that YOU will find us ready for YOU.

At times we think that we are doing too much for YOU at the expense of our own lives.

At times we think that we are preparing too much comfort for YOU and forgetting to live for today.

At times we think that YOU are asking for too much from the little that we have manged to gather.

But every time we remember that we promised to give YOU a good life once YOU join us. We remember that we made the choice to invite YOU to be part of us. We remember we had a choice to stay without YOU. A choice to be selfish with the little that we have.

YOU are the angel we are yet to have.

YOU are the pride that keeps our heads high.

YOU are the success that makes us proud.

But always remember as we told YOU in the first part of this letter.

Do not allow YOURSELF to get out of YOUR mother unless YOU are sure YOU will be patient, loving, kind, honest, hardworking, and compassionate to this harsh world and its unwelcoming citizenry.

My Unborn Child… YOU will be a hero but let 2pac Shakur give YOU some advice (again);
“Run wild, but be smart
Follow the rules of the game
I know that sometimes it is confusing
The rules of the game is gonna get you through it, all day everyday
Watch out for these snakes and fakes, friends coming down the way”

My Unborn Child… It Is All About YOU!

The fiction that is my life!

My life is an impossible possibility
My life is a fiction, far from reality
I work to live but my life is work
My work overshadows my life

My failures mark my successes
I often succeed to fail
I fail to live through others’ expectations
My successes overshadow my failures

I am alive to my reality
But my life is a fiction
Living through my ability
Driven by a vision

A vision blurred by reality
With ability that remains a fiction
Ability overshadowed by divided opinion
Opinion that blinds reality

And that’s why my life is a fiction

Don’t Bury Me, Not Yet!

I know you fancy me dead
Dead coz I am the ideology that you dread
That which has kept me alive
The force that has left me brave

So brave that you try to bury me
Bury me coz you see intimidation in me
You suppose I am out to finish you
Just because I am out to polish you

I ask you to awaken up early
You cry I kill your luxury
I tell you that you had better labour hard
You blame me that it is no reward

I am the will that pushes you to the edge
Inviting you to live to that pledge
It is all to do with your future
You declare I cheat you are unsure

You pledge your kid will never sleep hungry
But then again you are always in a hurry
Don’t rush to spend the little you could bank
You tell me that I should get myself a duck

Go ahead bury me now
Tomorrow you will arise to say I know
Kill the me that is the real you
Flush me down that loo

At Broken Pieces I Look No More!

I am no longer looking down
Facing and counting those broken pieces
My head is now more than ever lifted up
Facing straight on and taking it with a gulp

Because I have a story to tell
The story of how I fell
Tripped by an ego so low
Down I lay till I learnt the flow

I have learnt to stand on my own
Picking the pieces while am down
In have to put my life together
Even without leaning on a brother

I don’t want to leave a gap
I need to get above my lap
Every single crack I must seal
Until all my unfortunate scars heal

I am looking ahead with a straight face
Any elephant and rock now I can face
Tired of forever thinking I will fail
Yet I can swing the bull by the tail

I Have to Keep Writing

I have an urge to write
I get I write it down
I feel it I write it down
I lose it I write it down

My pen and paper not far
Because I do not know
When the urge to write strikes
My writing is my art, it is my life

Sometimes I write faint yet at others deep
Some are left confused, others cant help but smile
I incite through words, yet we use them to counsel
My writing rebukes, then goes to celebrate others’ achievements.

At times I feel like quitting when it goes unappreciated.
But we have to keep writing

Touch Your Breast

So tender, so soft, so warm, so cozy
So adorable that it drives all crazy
That’s a breast
An organ endeared than the rest

Some turn into beasts at the sight of one
Whether covered or bare, its resistable to none
The thought of having none drives woman mad
Just like the touch of one makes a man glad

They come in all sizes – some endowed than others
But they never disappoint the infant or the brothers
All touch a breast even when they are dry
It is a comfort of all when they cry

Women to love a man with a good breast
One to find comfort on when they rest
They want one that they will glad at the point of intimacy
Just like when their mothers wanted them to sleep in infancy

And a breast disappoints once that lump comes
It brings a cry and to many homes
It marks the beginning to an end of a good thing
A thing that makes many lose their identity and want nothing

Many allow others to touch their breast
Never think it mean more to them than the rest
A touch could easily avoid that breast loss
And the breast would know who is boss

Inspired by the October 6, Kwani Open Mic!
Have yours checked this October… it may be the beginning of a better and more assured life!

I Am Just A Man

You want me to always help you up

Even when I am laying next to you

You want I to always shoulder all your burdens

Even those that are you own making

But then, I am just a Man

You want me to always shield you from the sun
And want me to cover you from the rain
You want me to always wipe your tears
Even when you know I can drown in them

But then, I am just a Man

I want to always be your anchor
Guarding you from the violent waves
I want to always make you laugh
Even when the ground opens up to swallow you

But then, I am just a Man

I want to always answer when you call
Even when my own troubles weigh me down
I want to make life easier for you
So that you can live a fulfilling one

But then, I am just a man

Every day I want to do more for you my friend
Yet I can only do so much
Because, I am just a Man

“Our deepest fear is not that we are inadequate. Our deepest fear is that we are powerful beyond measure. It is our light, not our darkness that most frightens us. We ask ourselves, Who am I to be brilliant, gorgeous, talented, fabulous? Actually, who are you not to be? You are a child of God. Your playing small does not serve the world. There is nothing enlightened about shrinking so that other people won’t feel insecure around you. We are all meant to shine, as children do. We were born to make manifest the glory of God that is within us. It’s not just in some of us; it’s in everyone. And as we let our own light shine, we unconsciously give other people permission to do the same. As we are liberated from our own fear, our presence automatically liberates others.”
From A Return to Love by Marianne Williamson

I Love Me for Me

I love me for me

Why do you think I seek to be?

To be good enough for me

To have a good life for me

I love me for me
I am not perfect
But I strive to be
To be a legend of fact

I love me for me
But I share my love
At times busy as a bee
But ready share my have

I love me for me
For this makes me glad
Rapping to life but am no gee
My love though flows as a flood

I love me for me
Call me selfish or snob
But I live to be
Working hard not to sob

Coz I love me for me

Pass Me a Light!

Please, I beg you pass me a light
I need to get something right
No not a cigarette to light
Just that my world has turned night

My self seems lost in the dark
Only the sound of dog bark
As I keep watching my back
I am no longer with the pack

My flame needs to keep burning
So I achieve all I am yearning
The dark breaks my running
Totally cutting my earning

I will keep my light alive
Share with me what you have

The prick said positive, so I choose to live

Just one prick confirmed the worst
It all felt like seeing a ghost
Was the world caving in?
Had I thrown my life into the bin? 

Six months I had not had sex
My heart was now filled with vex
How would I live my new life?
What would I tell my future wife?

Six months later, the world turned against me
Close friendships turned so dim
Was the disease this demonising?
What happened to my life, so promising?

It is just a disease and I am not dead yet
I have over-lived the period they bet
They all said my life was on the brink
And I should take that poison drink

Should I give up and let them laugh?
Can my heart grow to be tough?
I feel my life has a long way to go
To the death they proclaim I say no

It is six years after that prick
My body still as strong as a brick
This is why I choose to live
Live positively because I believe
________________________________

HIV/AIDS kills! Malaria and Cholera too
Stop discrimination against people living with HIV

Can’t Stop Loving You

want to love you
I want to have you
You make me love me
You are what completes me

At times I think you deserve more
At times I am such a bore
Your smile makes my heart laugh
Your determination makes my will tough

When I want to quit
You give me a reason to wear my suit
When my eyes want to cry
Your loves gives me wings to fly

And I cant stop loving you!

A dedication to my one and only Wakasa

Fade the Music

Fade the music, for the messenger arrives
Face the basic, for the message lives
Fate is ironic, for life it never drives
Fake is iconic, for life is safer from the dive (or so we think)

Fade the music, and listen to the inner voice
Face the classic, and clean out the noise
Fate is idiotic, and we suppose it as poise
Fake is diabolic, and it kills all conscience

Fade the music, for life is no trial session
Face the dynamic, for life is not just a procession
Fate kills the magic, that crafts life as a dear possession
Fake drains the logic, that crafts life as a conclusive obsession

Fade the music, and let the heart hear the messenger
Face the cynic, and let their heart not kill the message

From my mother’s kitchen – waking up to routine

He woke up to the sound of his father’s radio across the room.”Did the power people miraculous reconnect the electricity or did dad manage to finally get some batteries for his radio?” he thought to himself.

Elsewhere in the room, his mother was boiling water to make so strong tea for him and his brother before they step off for school. She did this for them despite having more than one hour to sleep before duty at her office would come calling.

He dreaded this moment but he had learnt to adopt it being routine for as long he could remember. His father who he referred to as dad was still snoring off. He had at least two hours to sleep.

He jumped from bed and searched for his short and shirt through the dark. His mother was using the only available kerosene lamp in the kitchen cum sitting room. He put on his only short but it was still dump… the socks too were dump.

“It is better clean and wet than dirty and warm,” he told himself as he made his way to the kitchen cum sitting room.

In the process, he stepped hard on the sheet dividing the sitting room from the bedroom and it feel down. His mother signalled to leave it alone as he would fasten it later.

“Run to the shop and get half a loaf. You will have to do with that for the day. In the evening I will make you some ugali and cabbage early enough before you are through with your homework,” his mother told him with sadness in her eyes.

The house was stuff and smelling of booze. This was nothing new. Waweru’s father was turning into a drunk and they only saw him in daylight on Sundays since the whole family was in.

“But dad said he was going to pay for us lunch at school. Why don’t you wake him up and tell him that we cannot spend another hungry day at school. Maina keeps crying and I never know what to tell the teachers when they ask,” he told his mother as we reached for the wooden door to run to the shop and get what may turn out to be their only meal for the day.

“Don’t worry son. Mum will try getting something for you as she comes home this evening,” his mother said as four teary eyes gazed at her.

Waweru got to the shop and after making his purchase, Kimotho the shopkeeper reminded him to tell his parent to pay their debts. He sagged his head as he walked back to the house and got his slice of bread and sugarless black tea.

But as he and his brother reached for their shoes, Waweru realized that there was no polish. It is inspection day at school and everyone has to be neat. The two pairs of shoes are as dusty as it can get after an evening of football with the other boys the previous day.

“Think fast,” he told himself as he tried to figure out the time since the only source, dad’s radio, had gone dead. The batteries had recharged themselves as the radio lay dead for the past week.

He moved to the corner of the room and got some charcoal. He sat outside the door, crashed some in the last polish tin, and added some water and some petroleum jelly. After wiping the dust off the shoes, he smeared the home-made “polish” and brushed them hard with the few twigs remaining in the shoe brush.

“Maina, here… let’s go now. I do not want to be beaten by Mr Kiarie for coming to school late,” he told his brother has he tired the laces to make sure that the shoes fit well without exposing his torn socks.

“Bye mum… see you in the evening,” the two boys said in unison as their mother put her bath water in a basin.

Hand in hand, they walked and 20 minutes later, they got to the school gate just before Mr Kiarie.
Waweru adjusted his brother’s shirt and made sure that he had entered his class two room. Before rushing to his class five room on the other end of the block, he warned some boy not to dire touch his brother.

Waweru got to class only to find everyone busy doing their homework. Well he was lucky because he had managed to get home before dark and did his.

…  Cont’d!

From my mother’s kitchen – the missing books

…Cont’d

Previously, ‘From my mother’s kitchen – waking up to routine’

From my mother’s kitchen – the missing books

Waweru sat pretty gazing at his classmates who were busy trying to finish their homework. Thank God for his mother’s strictness, he could be in the same position as the rest of the class.

May be he could just borrow a copy of “Neighbours” and read one more story before class begins since there was nobody to chat with. The thought turned into a tap on his desk-mate, Kariuki, who hurriedly shoved the book at him making it clear that he was a nag.

“I just wish my parent could buy me this book,” Waweru thought to himself.

Waweru had grown up to be content that he was born in humble background and he could not get as much as his friends would. But the more he closely looked at his family, he kept telling himself that things would be better.

If dad came home early, Waweru thanked heavens for it and prayed that it would last at least another day. Only for things to go back to normal the next day and his father would be back to his drinking habits in a town where everyone new everyone.

Shopkeepers along the neighbourhood had become hostile to his family as they owed each and every one of them. Dad would get things on credit from one shop and mum would get from a different one. They avoided owing any of the shopkeepers a lot of money but it made no difference when it came to the total debt.

His parents were always an embarrassment since neighbours three houses away could clearly hear them argue. Slaps on his mother’s face were no secret as the only thing that separated his bed and that of his parents was an old bed sheet.

As he read the book, his mind suddenly wandered as he daydreamed of a future that he would have. He imagined himself as an important member of the society – a rich man who was the envy of the entire town.

He had a beautiful family, a nice house and a nice car. Everyone loved him and he was always out to help those who did not have.

“Good morning class,” Waweru’s daydreaming was cut short by Mrs Kamau’s screechy voice.

The whole class rose to the greeting as Mrs Kamau asked them to place their homework on the desks. Mrs Kamau was a teacher who was dreaded by all students and even some of her colleagues who had passed through her hands years before. She had been a teacher for the last 40 years and everyone in the town talked about her.

Mrs Kamau started walking around the class cane in hand, as she checked her students’ work. On the other end of the class, Waweru was shaking hard his desk-mate could notice.

“What is it?” Kariuki asked him.

“I can’t find my book. I think I left it in my mother’s kitchen,” he whispered.

Waweru had to think fast or Mrs Kamau’s cane would be landing on his behind mercilessly. He immediately shot is arm up and with tears in his eyes shouted “excuse me teacher, my stomach is really aching”.

Mrs Kamau instructed Kariuki to help Waweru out of class so that he could get some medicine from the first aid box in the deputy headmaster’s office. The two boys rushed out as Waweru squashed his stomach in ‘pain’.

The two boys had played Mrs Kamau but they were the best students in her class anyway. She continued inspecting the other student’s homework and assumed that Waweru and Kariuki had done the work.

During break-time, Waweru sat under a tree in pretense, as he was still ‘sick’. He wished he were playing soccer with the other boys but the teachers would see him from the staffroom and know he was faking it.

But things were just about to get worse when Mrs Kamau sent a class two boy that he had only seen like once and summoned him to the staffroom.

… Cont’d

From my mother’s kitchen – Where is your lunch

…Cont’d

Previously, ‘From my mother’s kitchen – the missing books’

From my mother’s kitchen – Where is your lunch

On reaching the staffroom, Waweru found his brother Maina seated next to his class teacher as we sobbed heavily. Waweru was taken aback since his brother was not the type to cause trouble that would have him caned to cry that intensely.

“Waweru, when was the last time that your brother had something to eat?” with eyes popping out Mrs Kamau asked.

“We…we… had bread and tea in the morning,” Waweru answered as his eyes turned teary.

But he remembered what dad always tells him; “It is unmanly to cry in public”. And so he knew he had to keep those tears away.

Mrs Kamau was not convinced and asked; “and last night what did you have for supper? And have you carried lunch today?”

“Yes,” Waweru said.

“Yes, what?” Mrs Kamau impatiently asked.

“We ate ugali and… and cabbage! Mum and dad could not afford to give us money for lunch today. But mum promised we will have a better supper tonight,” Waweru with face down explained.

Several teachers in the room quietly followed the conversation. While Waweru’s mother was known to be the friendly woman working at one of the government offices in the town, his father was known to be the friendly drunkard who was ready to buy anyone alcohol on credit.

Waweru’s father could drink until late and would ask the barman to make sure all the people he knew had drinks. While most mean were known to do that, Waweru’s father never had the money and when he had it had to clear his earlier bills.

Mrs Kamau asked the two boys to go back to class and come back to the staffroom at 12.45 when the school breaks for lunch. She organised that they get the day’s lunch at the school’s kitchen under the school feeding programme that his parents could not afford.

That evening, an embarrassed Waweru picked a note from his teacher, walked out with his brother, and went straight home. That evening, the two did not join the other boys in all the games they could play while going to home.

That evening there was no counting of vehicles on the road, no competing who would kick the largest stone furthest and definitely today there would be no visit to Baba Ali’s shop for the broken sweets.

Waweru wished that the ground would swallow him. “Why did the teachers have to embarrass me like that? Why can’t my parent be rich enough? Why is it that no one cares?” he thought to himself.

“Waweru don’t be sad… one day we will afford all that we have wished for. Our parent may have not done it but we will do it for ourselves!” Maina interrupted his big brother’s thoughts.

But the two boys had even something more pressing to think about now.

“What do you think Mrs Kamau wrote on that note? And why did she only address it to mum?” Maina asked his brother as they approached their house.

“I don’t know… do you think we should open it?,” Waweru answered.

…. Cont’d

From my mother’s kitchen – They took your letter!

…Cont’d

Previously, From my mother’s kitchen – Where is your lunch

From my mother’s kitchen – They took your letter’!

The two boys stood staring blankly but vividly in thought at the now soiled envelope in Waweru’s hand.

“I have two shillings… we can open it, read and put it back in a new envelope. Mum will ever know what we did,” Maina said to the surprise of his brother.

Waweru thought his brother’s idea was brilliant and tore open the envelope. They sat down on a stone besides a tree just next to the footpath leading to their house. And in a pose that could only be mistaken for an exam revision session the two went the short letter.

“Dear Mrs Mwangi,

Receive greetings from me.

It has been long since we sat down and had a session about your boys. As you may have noticed they have remained on top of their classes but their overall marks have kept dropping. May be it has to do with the entire school but I think your boys can do better.

We need to discuss a few things. I propose that you pass by the school tomorrow afternoon. Please see me without fail in order for us to discuss ways in which we can help the boys improve on their performance. I believe there is a lot you can share that can assist me in ensuring that they get the best education.

Looking forward to seeing you tomorrow.

Yours,

Mrs Kamau”

The two boys continued gazing at the letter. “What had they done to have Mrs Kamau summon their mother?” they thought, “Does it really have to do with our performance?”

Well it was getting dark and they had to get another envelope. They walked on and just a few minutes they got to Simba’s shop. Simba was the area’s sole shopkeeper and was feared by most of the villagers since he could shout out for someone to pay their debts as they passed.

And before even the two boys got to the ‘kiosk’ Simba shouted; “You rascals, can you run home and tell your mother and father to come clear their debt or I come for those thin goats scavenging around your house!”

Maina and Waweru froze before taking off towards their home forgetting about the envelope. Panting their souls out, they got to their gate only to find their mother holding a mwiko (cooking stick) outside the door.

“Mum, there is big dog chasing us!” Maina shouted to the amazement of his elder brother. Waweru could never get over some of the tricks that his younger brother came up with at every moment. But their mother was not buying it and asked them why it had taken them so long to get from school.

And Maina was at it again and with a straight face; “Mrs Kamau gave us a letter to bring to you and some boys took it away form us and we had to struggle getting it back.”

“Look!” grabbing it from Waweru’s hand, “they even opened it and even took the envelope!”

“Maina, saves the day!” Waweru thought to himself. But the thought was wiped off when his mother grabbed him and hit him twice with the mwiko and the same to his brother.

They got into the house as their mother read Mrs Kamau’s letter wondering why she was needed in school.

“What could it be this time? Could she have  noticed? I don’t think so…” her thought trail was interrupted by the voice of her drunken husband singing circumcision songs from the gate.

To be Cont’d…

Welcome to the hawking nation

Have you ever realised that we are one big hawking nation? From morning to evening we are either hawking or something is being hawked to us.

It is Monday morning and you switch on your TV in the morning and it will hawk to you its evening lineup so that you may leave the office looking forward to some programme.

You get out of the house and on reaching the stage, touts are hawking their matatu service to you. They actually convince you that the mat needs two people even when it you are the first person to get in.

If the mat has a radio or your phone has one, you get to unfortunately endure the hawking of products by the presenters.

Then you get into town and meet this fellow who promises you a ‘hot’ story only if you can meet him jioni at the pub and for a beer.

You are now in the office. As usual you get to your computer and log on to Facebook or Twitter. On these social sites the hawking starts and may be it actually from you “What a cold night it was… I am still single and searching!”

When evening come is time to meet that guy and buy him a beer only for him to tell you who he slept with over the weekend. Oh, yeah and you pay for the drinks in exchange of the ‘hot’ story.

Then you head home but pass by the supermarket and do some shopping only to get home and realise the morning radio actually influenced you to buy some of the stuff.

You hit the couch and remembering that morning promo tune in to some channel and watch what they hawked to you in morning not even thinking that there may be something better on another station.

So, yes, welcome to the hawking nation!

From my mother’s kitchen – The Fire!

Cont’d

Previously, From my mother’s kitchen – They took your letter!

On hearing their father’s voice, Waweru and Maina ran to their bed and pretended to be asleep just in case they were asked what they were doing up beyond 7pm. Muchiri believed that his sons should always be in bed before he gets into the house failure to which they or their mother would have to be punished for it.

“Wambui… my dear Wambui… where are the boys. I have some good news!” a drunken Muchiri shouted as he got into the house. “Waweru, Maina…. can you bring your stupid heads here I show you what I got for you today”.

The two boys scrambled from their aged rusty metallic spring bed that was left making all sorts of melodies. They rushed and found their father who was visibly drunk reaching for the inner pocket of his patched coat that had evident signs of long use.

“What could it be this time?” their mother thought to herself given her husband’s history of empty promises. In her heart, she knew nothing good was coming from this latest promise but decided to give her husband another chance.

“Now you don’t have to borrow sharpeners in class to sharpen you pencils.  I have a razor blade for each of you,” Muchiri said to the amazement of his two sons.

The two boys took the blades and retreated to their bed chatting in small voices. An angry Wambui decided to confront her husband and soon both were talking at the top of their voice.

“I don’t understand what kind of man you are. Bringing razor blades to your sons like they do not need anything else,” Wambui said.

But in response, Muchiri slapped her scaring the two boys whose bed could be heard screeching as they shook in fear of what would happen next.

“Just appreciate… did you not see that the boys were happy! They will sleep well tonight. Now, give me food!,” Muchiri shouted.

Wambui who was now sitting on the floor from the impact of the slap replied; “Take the razors from the boys and convert them into food! What’s the use of the so-called presents that you have given them if they are going to sleep hungry?”

The comment infuriated Muchiri who staggered towards his wife and started beating her up. Wambui fought back making high-pitched scream with the two now rolling on the floor.

At the other end of the room the two boys held on to each other. They were used to this but today the fight seemed to move on for a longer period than usual. For them they could do nothing but helplessly listen to what was going on to the other side of the bedsheet separating the sitting room and the bedroom.

What they did not know is that in the midst of all this a tragedy was to hit their family.

As Muchiri and Wambui rolled on the floor punching each other mercilessly, they hit one of the stools on which the kerosene lamp had been placed. All of a sudden the house turned dark and shortly a fire started building.

The lamp had lit the kerosene stove as it fell and went off. In shock, the two adults got their self up and as the confusion raged, the fire started razing the kitchen side of their one-room house.

On the other side of the room, two shocked boys sat quietly, shivering not knowing what to do.

The fire was spreading.

… to be cont’d

Is Life to Blame?

I want to get myself a new life
My life seems bored with my life
Seems I can no longer give him peace
I complain at every new piece

Look at how miserable he looks
Nothing good to write in his books
Am I asking for too much?
Or it is more than he can munch?

Maybe I need to love him more
Or maybe appreciate his gifts more
Maybe I need to work harder
Or our life turns fader

Has life been that harsh to me?
Or have I refused to be
Has life refused with the millions?
Or I am satisfied with my coins

Maybe a new life will behave
Just maybe it will let me have
Let me have a free will
A will to keep away the ill

This life refuses even with the lemons
Leaving me alone to fight the demons
It keeps me away from success
Believing I am able to handle all the stress

That’s unfair of life, I bet you believe
You may add life is responsible for how I live
But what happened to the oranges life gave?
What of the opportunities he let me have?

Is life really to blame?
Will a new life change the game?

© Oliver Mathenge, June 2010

Oliver’s Island

From my mother’s kitchen – the rush

cont’d

Previously, From my mother’s kitchen – the fire

The dark room was now choking with thick smoke as the fire scorched every item on its way. It was spreading fast.

Waweru and Maina huddled at the corner of the room coughing as they choked as the smoke engulfed their “bedroom”. On the other side of the room, their parents lay on the floor in confusion.

“What would they do?” they thought.

A large flame was now separating them with their sons as it became evident that there were minimal chances that they could save them.

A now sober Muchiri stood up calling out his boys’ names. Waweru and Maina were now in tears as they struggled to breathe and think of what to do next.

“How will we get out? Are we going to die?” Maina asked his brother.

“Dad, mum (cough)… save us… help!” Waweru shouted.

A small crowd of onlookers had started to gather outside the house. Water was a scarce resource in this neighbourhood and so none of them had carried any.

Large pockets of smoke bellowed out of the house as confusion raged inside. Muchiri and his wife did not know what to do and stood helplessly as the fire spread towards where Waweru and Maina were.

“Bring your hand,” Waweru told his brother as they jumped out of bed towards the other side of the room where their parents were.

Waweru managed to get past the flames of fire but his brother tripped and fell hitting his head on one of the stools. Muchiri rushed to pick up his son as Wambui yelled in sharp tones; “God please, don’t let my son die.”

As the confusion raged, bare footed Waweru rushed out of the house asking their neighbours to help them. No one was moving as they shivered in the cold night wondering whether Muchiri, Wambui and Maina could make it out of the burning house.

“There they come out,” one person shouted as the three staggered out of the house whose roof was now collapsing.

Wambui was coughing hard as Muchiri carried his unconscious son in his arms. Their faces, clothes and bare feet were black with soot as they struggled to move farther from the collapsing house.

Sirens could be heard from a distance as the town’s only fire engine tried to make its way to the scene.

But for Muchiri the greatest concern was his unconscious son and how he would get him to the health centre. None of his neighbours had a car and the only available bicycle belonging to a vet had a flat tire.

To be cont’d

Daddy’s little gift

I want you to eat from my mouth

Get the food as soft as it can get

I want you to feed from my palm

Get that food as warm as it can get

I want you to sit on my laps

Feel my arms around you as you sleep

I want you to hold on to my trousers

Feel my support as you take that first step

I want to carry you in my arms

As you cry for anything that you see on the streets

I want you to play with my ears

As you pull my hair with your small hands

I want you to piss on me when I hold you

Never minding that I may not like it

I want you to cry when I leave for work

And run to me when I came back home

I want you to laugh when I fall

Even when it is your fault that I play your age

I want you to call daddy when you wake up

And mutter daddy in your sleep

I want to play with you and your toys

Never mind daddy is too old for this stuff

I want to be there when you have you first fall

Daddy will help you cry through the pain

I want you to call me your friend as you grow

Never caring that I am way older than you

I want you to running to my shoulder as you grow

Knowing that is the softest place, you can run to

I want you to speak you mind even when you are wrong

Explaining why you had to act the way you did

I want you to allow daddy to punish you when you are wrong

Never forgetting daddy doesn’t hate you but what you did

I want to see you through your life in school

Allowing me to help with your homework

I want be with you when you are a teenager

Daddy will be there to answer life’s hard questions

I want to help you grow your talent

Daddy knows that there is more to life than school

I want to celebrate with you on your first job

And support you though the rest that will come

I want to stand besides you on your wedding day

Watching as you make that very important commitment

I want to be there when you give a grandchild

For you will remain daddy’s little gift forever

© Oliver Mathenge, August 2010

Even Nature Does Not Respect Shujaa!

My leave official kicked off on Monday well it has actually unofficially kicked off on the previous Friday. But with a couple of meetings to attend for side hustle and being that am on leave, I decided to wear as casually as possible capped with sandals.

What I didn’t know was that the skies had conspired to make my evening hell. So after one meeting and another cancelled one, it was time to go home at about 7pm.

It normally takes a maximum of 20 minutes to get to Muthaiga East during this time of the day. On other instances (read off-peak), the journey takes between 3 and 5 minutes.

Little did I know that my journey to Muthaiga East would take a couple of hours, 3 to be specific.

Let me explain, Muthaiga East is what you guys call Pangani. But since it’s to the East of Muthaiga, we prefer Muthaiga East or M.E. In other words, Kibaki and the rest of Muthaiga chaps overlook our hood.

I degress.

Our jav or dere, for that matter, decided to go east instead of west from Odeon. And our woes started. We first got stuck just after tearoom as the buses picking passengers to drive down to Coasto made the roads too narrow.

We managed to move after sticking there for like 30 minutes and unfortunately my update on Facebook and Tweet on the issue attracted comments that only ridiculed my unfortunate experience.

So we fight traffic until we get to the Kariokor round-about where the dere decided to suddenly become clever and overlap only for us to get stuck in one of those manholes that kanjo never want to seal.

After a bootleg effort by the dere to toa the jav, some of us decided to alight and help. But since I was in sandals, I was rendered useless and the best I could do was light a guff and watch the rest do the work.

After like 30 mins, the jav chomokad from the kahole and our journey started again. But after like 50 metres we were stuck again and then the dere zimad the vehicle to save on fuel.

Our troubles were just getting to level two,  the vehicle kataad to start after this and we could just watch as other vehicles passed by. Ok, I must say that our dere was either high or stupid. He defended his mkebe of a vehicle’s ability to withstand the traffic and not run out of fuel. And though we could all tell its fuel, he insisted that it is the battery that had died.

Wait until, he asked the konda to get more fuel to the Caltex station at Kariokor.

Anyway, the vehicle managed to start but there was no movement. All this time, I was thinking of alighting and use my legxus or footsubishi. But remember my dresscode? Yes, there was no way I would hack that trek in sandals.

After a few fellas made the suggestion that we can walk and save time as the traffic was thicker than peak time on Thika Road.

And the walk started.

For those familiar with this side of the city, there is road construction going on. So the side of the highway that we could walk on was full of tar and you can imagine how the walk was – sticky and messy.

Luckily, the rain had stopped and the walk was relatively easy. And I can confirm that Nairobians are cowards. Since I was wearing a jacket, jeans, sandals and a jungle cap, everyone seemed to be hepain me.

My close to 20 mins walk ended well without any incident, and by some minutes to 10pm, I was at home and very tired.

Being from the 'right family' killing Kenya's democracy

So in the last week two Kenyan women trounced men to inherit leadership positions left behind by their next of kin. It is appreciated that the people of Sotik and Bomet had the right of choice between the men and the women.

But in the same breath, it is greatly regrettable that the two are now honorables by the mere fact that they were related to their predecessors. More disturbing is calls for their appointment to cabinet regardless of their qualification or lack of it.

Though not a new phenomenon, Kenyans have every reason to fight political inheritance. It is an issue that has the potential to cripple the country’s democracy and erode all gains made thereof. It is now emerging that you have to belong to the right family or the right party for you to have any prospects of being a leader in Kenya.

Political inheritance blocks potential leaders by the mere fact that they do not belong to the “right” family. And since politics has been used as a platform for accumulating wealth, the main goal of the inheritor is the security of the family coffers as well as accumulating more. And Kenyans wonder why the country remains ‘the land of ten millionaires and ten million beggars’.

As mentioned earlier this is not the first time that political leadership in the country is being passed around in the same families. What amazes many is that the voters do not seem to see anything wrong with the issues as long as the seat remains in the “right” family.

Just because someone belongs to the family of the former leader does not guarantee delivery of service to whatever community they belong to. As it has rightly been the tradition in the country, whatever community resource that the leader may have in their control at the most benefits their extended family and those connected.

Political leadership must remain competitive if the country respects any aspect of democracy. It remains a fallacy for Kenyans to continue thinking that they will benefit from anything once one of their own is at the helm.

Why Karua's presidential bid misplaced

Some obvious silence has befallen the highly criticized 2012 presidential bid of one Martha Wangari Karua lately. The move by the justice minister did not augur well with many especially her counterparts from Central Kenya. Basic reason (other than it is four years to the next election) being that when making such a decision one usually consults widely especially in their home area.

I have never been a fan of Ms Karua and do not think will be as I think she is wasting valuable time telling us more about her bid than matters concerning her responsibilities. I have great respect for her efforts to bring the country together earlier in the year but it is just that. I have several reasons for taking this position.

First, her bid can be interpreted to mean that she is not committed to one of her office’s responsibility – a new constitution dispensation for this country. How can she convince Kenyans that she is committed to this course when she is already preparing herself to bid for the country’s most powerful position by the current constitution. So, one question begs , “Under which constitution is Ms Karua biding her presidency on?”

Kenyans may (if the constitution reforms ever take off) decide that they want a parliamentary system of governance. Where would this leave our pacesetter? My advice for the minister is to first give us a new constitution then we can chart the way forward.

Secondly, I attended the launch of ‘product martha karua 2012′ in the form of a website sometime back. Before I get to the point allow me to give my humble opinion that the website cannot sell any product. From my judgment Ms Karua failed to pull in the basic support of numbers with only two MPs from her Narc Kenya party attending. The rest were basically close friends and relatives (judging from the conversations).

Lastly, in the event that things remain as they are, election in 2012 under the current constitution, a Kalonzo – Uhuru alliance will definitely work against Ms Karua.

So, Ms Karua gunning for the presidency has never been a one man show and not especially now that the country is seeking legal and institutional reforms that fall under your docket.

We asked Waki to lift the lid; time to clean up the mess!

A lot of opinion on the all-important Waki report on post election violence has been floated over the last couple of days. I have even participated in the coming up with newspaper reports on the document’s content in the name of giving the public an easy read.

My observation, however, is that even as people continue throwing the opinions many are yet to read the report either fully or partially. I could draw numerous examples of biases that have hit the newsstands since Thursday, a day after the report was handed over to the country’s top leadership.

Therefore, I waited until I had read the entire report, word for word, to throw in a few lines on it. Today, I just give my opinion on the issue of the dealing with the suspects. In a short while I will give my opinion on the report’s findings and recommendation on the security agencies.

However, before I give my take on why we have no other option other than implement this report I pose the following; Why is it that we are so quick to dismiss the likelihood of the implementation of the report judging from history? Kenyans have tolerated the culture of impunity so why hasn’t anyone told off leaders who claim that the violence was all about the ‘stolen election’? A lot has been said about the violence in Nakuru and Naivasha but why aren’t we saying that the report says that this were reiteration attacks? And what about the violence in the rest of Rift Valley and Western Kenya?

Unlike other journalists and commentators, (including Donald Kipkorir in his piece in the Saturday Nation and Mutahi Ngunyi in today’s Sunday Nation), I think the Waki report and the famous sealed envelope are the best things since Jelimo’s jackpot win.

Following the violence rocked the country before the election (the report clearly states this) and escalated after the announcement of the presidential results we formed a commission of inquiry to look into it. We appointed commissioners led by a Kenyan who like all of us was affected by the chaos in one way or another and gave them a clear job description.

Commission’s first term of reference was to investigate the facts relating to the post-election violence. An important part of that investigation is to identify who planned, organised, facilitated, and committed egregious human rights violations.

So why are Kenyans behaving as if the country expected anything short of what the report give?

In respect to the rule of law and even the simplest of the laws of natural justice, those behind the attacks and the reiterations that followed must be brought to book. This is the only way that Kenya can deal with political impunity.

Those who are pessimistic about the report’s implementation must remember that the commission was borne out of an international agreement between President Kibaki and Prime Minister Raila Odinga. The two men remain the centre of focus as the world awaits the implementation.

It is in the respect of this international obligation of the two leaders that Justice Waki cleverly ensured that in case the local systems failed then international systems would apply.

Consequently, when the two sign an agreement authorising the setting up a tribunal in the next 60 days the stage will be set and parliament will have little choice but to pass the required laws. The truth is that the implementation touches the cream of the grand coalition government but with 2012 still in the eyes of most legislators, this is the time to score among voters.

Politically, MPs who are not likely to be affected by this report will definitely stand to be counted on this for two reasons. One, they may finally be able to join the cabinet to replace those implicated. Secondly, our MPs (like all other Kenyans) are scared that if the envelope goes to The Hague, the repercussions may be stiffer than a locally assembled tribunal.

The other major reason why the MPs will (and they must) set the ground for the implementation of the report is that majority of the public will expect them to deal with the issues that caused the violence. The Waki report repeats many issues that Kenyans have complained about over the years – negative ethnicity, inequality, corruption, the presidency, constitutional reforms, institutional reforms (security and judicial).

Kenyan leaders now have every reason and ground to deal with these pertinent issues comprehensively. Due to our ethnic inclinations, we may witness a series of reactions (physical or otherwise) with some communities feeling that they are being targeted.

But the magnitude of this will never measure to what we saw in January or what we may see after the next election if we fail to institute the necessary reforms. Moreover, the shame now associated with attacks on others due to their political or ethnic inclination will keep most away from such events.

However, we must continue pressurizing the country’s leadership and shape the public opinion to ensure that the report is implemented fully. According to the report, the president and the PM have until December 17 to ensure that an agreement on the setting up of the tribunal is in place.

Parliament is then expected to enact a Statute for the Special Tribunal come into force within 45 days (by January 30, 2009) after the signing of the agreement. It is President Kibaki in consultation with Prime Minister Raila Odinga, Chief Justice Evan Gicheru, Justice Minister Martha Karua and Attorney-General Amos Wako who will set the date the tribunal will start its work within 30 days (March 1, 2009) after the presidential assent to the Bill enacting the statute.

If either an agreement for the establishment of the tribunal is not signed, or the statute fails to be enacted, or the tribunal fails to start work, or its functions subverted after starting, the list of suspects behind the chaos will be forwarded to the International Criminal Court.

A word to the Nairobi Eve

I choose to move against the wave and write on something that may make me wear stunners as I walk around Nairobi from this evening.

Well, for the last few weeks it has either been about Obama, Waki or Kriegler and now the highly expected demolition along Thika Road. I am tempted to tackle all of these topics especially the last one but I think they are over done.

There is one character in modern day Kenya referred to as the Nairobi Eve. The term has been used to refer to a woman who had been cultured into the city life, mostly from a tender age. However, the Nairobi Eve can be used to refer to even those who have come to the city and are now part of the system.

The Nairobi Eve has been termed as complex, sophisticated, one who loves partying and is not ready to settle down into a responsible wife and mother. This may be overrated but my brothers cannot fail but attach this tags to the Nairobi Eve.

I have chosen to give free counsel to the Nairobi Eve in case when she is still finding it hard to be taken seriously by my brothers.

Dress Right! To begin with, how you dress whether you are just loitering, in the office or busy shaking it in the club matters a lot. It is the first thing that sets your apart from the Nairobi Eve. Men are selfish! They want an exclusive display of skin not one that has been stared at the whole day. A well groomed man falling for a rugged you can only be in your dreams after an overdose of Mexican soaps. Keep yourself well groomed.

Size matters! First because no man wants to sleep squeezed to less than a third of the bed. Imagine how it would be when your two year old son has had nightmares and must share the bed with the two of you for the rest of your night! Then again, men want flesh on those bones – so keep those slimming pills away.
Keep that African body, skinny women belong to the runway – its all about job creation for the cameramen, designers and of course the event organisers and sponsors.

Learn how to cook! It is not that men do mind making their own meals but the Nairobi Eve has been accused of not being good in the kitchen. The thing is that men hate burning their fingers and would not mind someone doing it for us. Then again, men want to be sure that while they are busy toiling your in laws and of course the kids are well taken care of.

There is more than the club! This life has a large collection of activities, you must not be confined to the club. Actually, most men go to the bar over the weekend to enjoy football and the extension just comes naturally. And then since you have confined yourselves to the club, men cannot help but stay there late in an attempt to make life more habitable for you.

It is the economy, stupid! As the relationship grows so do responsibilities, needs and prospects grow. Then again Nairobi has also been hit hard by inflation if you haven’t noticed. If you are not actively throwing ingredients into the family budget, kindly stop digging in to much into it. Men want you to have a comfortable life that is why they are are saving for that car and house.

Finally be there! I have heard most men complain that their Nairobi Eve is emotionally and physically unavailable. That is the worst mistake that you will ever make, then you will wonder why your man has fallen for another Nairobi Eve.

Well, to all Nairobi Eves, please do not throw your hand bag or stiletto at me when you spot me around. I am just trying to see if men can finally demystify the Nairobi Eve!

The Forgotten Agenda

During the last session of the Serena talks chaired by mediator Oluyemi Adeniji, the Kenya National Dialogue and Reconciliation team signed what we now call Agenda Four. The document simply outlines issues that the country’s leadership was to deal with as part of correcting past mistakes and injustices.

The document identified issues that have divided Kenyans over the years and said to have been responsible for the cycle of violence surrounding elections in the country. These are constitutional and legal reforms; land reforms; poverty, inequality and regional imbalances; unemployment – particularly among the youth; consolidation of national cohesion and unity; and transparency, accountability and impunity.

The agreement stipulates that the coalition government borne of the same talks is to lead the implementation of the reform agenda, working with parliament whenever appropriate. It also says that the main beneficiaries of the reforms, the Kenyan public, must be regularly consulted and their views sought.

Over the few weeks, Kenyans have been pulling on different directions over a sealed envelope containing the names of a few individuals out of the nearly 38 million citizenry. And even more recently, it is possible that most Kenyans have been mentioning the name Obama more times as compared to their own.

Other than the passing of the Constitution of Kenya Review Bill (2008) on Wednesday, the country is yet to make any strides towards addressing the other issues. Issues that are more pertinent that a new constitution which is largely viewed as a ‘how to share political power’ document.

These crucial steps have failed to take form despite the Serena agreement on Agenda Four giving an implementation framework. Deputy Prime Minister Musalia Mudavadi and Ministers Martha Karua (Justice), James Orengo (Lands), Sally Kosgey (Higher Education), Mutula Kilonzo (Nairobi Metropolitan), Sam Ongeri (Basic Education), Moses Wetangula (Foreign Affairs) and William Ruto (Agriculture) were responsible for the agreement and I believe are still accountable for its implementation.

Kenyans must now demand that the team above offers the necessary leadership that will aid the country in dealing with these long-term issues. Implementing the Waki and Kiregler report may propel the country towards this direction but will do little to avoid a recurrence of the aftermath of the 2007 general elections.

What will keep voters from receiving bribes ahead of the 2012 elections if Kenya does not deal with the escalating poverty in the country? What will keep people from chasing ‘outsiders’ from their regions if Kenya does not institute comprehensive land reforms? Why will the youth not involve themselves in inter-communal rivalry and join militia groups if more than half their population remains unemployed?

Such instruments as the Waki report have ignited communal hatred with the Kikuyus and the Kalenjins claiming they are victims of a political agenda. How then will the country be able to counter communal hatred ahead of the next elections if national cohesion is not anchored into the society? Can ones national identity supersede their ethnic identity?

According to the Agenda Four agreement, a new constitution should be in place 12 months after March 8, 2008. This is four months and three days at the time of publishing this. Most of the other proposed reforms are to be rationalized with the quest for a new constitution making it the most crucial step in the Agenda.

Kenyans must wake up to ensure that a few individuals do not derail the reform agenda that this country badly needs.

Dear Mr Michuki

Dear Mr Michuki,

My name is the taxpayer and they also call me Wanjiku, Wafula or Anyango. I am the guy you have been taking from Sh10,361 from my 50something thousand shillings salary. And I am not alone we are millions of us some paying less than Sh1,100 and others paying hundreds of thousands.

I earn more than Sh11,135 per month and I am therefore eligible for Pay As You Earn (PAYE). You always take Sh1,016 for my first ten thousand shillings, you then take Sh1,436 for the next Sh9,576. Then you charge another Sh1,915 for the next similar portion, then Sh2,394 for the next portion. You are not yet done as you then charge me another 30 per cent for anything else I earn above Sh38,892.

In other words, I am the one who has been funding the government in all its operations including paying salaries for members of parliament. The MPs are the fellows who blackmailed you yesterday into withdrawing a proposal by your predecessor to tax their hefty allowances. These guys earn up to Sh500,000 monthly in allowances, which is like 10 times my earnings.

Well may be you had no option since the finance bill has to be passed for the country to run smoothly but I need to inform you this. With my Sh10,000 tax, I help you buy medicine for my village health centre and yet I cannot afford drugs and proper meals for my ailing grandmother.

With my remaining Sh40,000, I have rent to pay in one of Nairobi’s ‘middle class’ estates. I also pay electricity and water bills that have in the last one year doubled. When I factor in my daily bus fare, my family’s food budget and school fees for my two sons in primary school, you leave me with little if not nothing to put in my savings account.

Food prices have gone up globally and I must remind you that even here you do not spare me. You take a certain percentage of whatever I pay for the different basic products in the name of Value Added Tax.

And did I mention that my parents are living on pension after years in the civil service. They are now farmers but as you saw recently they were uprooting tea bushes due to the low returns. Yes, I have no option but to show gratitude for taking care of me in my earlier years by topping up what they have.

My village considers me one of their important sons. Thus, they have invited me as a guest of honour in three harambees to aid different women and youth groups in the village.

Trust me if you even only took 10 per cent from the allowances of the 222 selfish individuals in the August house, they will be still be left with enough money to comfortably support four individuals like me. It would also add Sh11.1 million shillings to your Treasury account every month.

I know they are capable of not passing the Finance Bill thus crippling the country in the remaining part of this financial year. Therefore, I am suggesting that you withdraw the proposal yes but prepare another bill that will either enable a reduction in their allowances or strip them the powers to interfere with the Finance Bill.

Alternatively, you can reduce taxes for us and let us see where their salaries will come from. I will be glad to give you less and have more to meet my needs.

PS: While me and the other millions of Taxpayers report to our work places for 5 days a week, those fellows in parliament only attend sessions three days a week. And some are seen in their constituency offices only twice in a month.

Yours Sincerely,

The Tax Payer.

Dear Kenyans

Dear Kenyans,

The year 2008 is just about to bid us good bye. A year that we will always remember for its bloody start following our selfish quest for the ‘national cake’. Kenyans have come out very strong in getting themselves and the beautiful country to a sober and stable state.

However, the challenges that continue to face us are immense. The cost of living has escalated to an unmanageable level for a majority of the populace. The cost of everything is as high as it can be but all it not lost. I propose we join our efforts and get this country back to the growth path.

In 2009, we will be faced with the challenges of making sure that we get ourselves a new electoral body and a new Constitution. We will also be seeking to punish the suspects of the post election violence that I must remind you took away 1,133 Kenyans, displaced over 300,000 other and cost the economy billions of shillings.

But my fellow brothers and sisters, I do not find the agenda above a priority for this country. We must demand that our leadership guides the country to the path of prosperity. A country where the gap between the rich and the poor is manageable enough to avoid seeking aid. A country where we wont have families surviving on ugali and salted water or nothing at all for that matter.

Kenya must seek policies that will aid in driving the cost of living down to manageable levels. We must seek, in 2009, ways to help our people create sustainable wealth that they do not have to rely on handouts.

In 2009, we must institute reforms in our education to safeguard the country’s future and ensure that we do not just produce theorists. Kenya need skilled individuals who can help this country industrialise…otherwise as one PS recently put it the best we may compare Kenya with is Gikomba. A country that imports to sell to its own people.

Finally my brothers and sisters, we are all responsible for what happens in this country. We are responsible for the bad politics that we have that remains tribal because that is what we think of each other first. We are responsible for the failure of our leadership for we refuse to demand accountability from them.

The change that we seek is our collective responsibility.

Your fellow Kenyan,

Oliver Mwandishi

Kenya: A Country in Crisis!

I am neither an alarmist nor a pessimist! But as they say, Kenya has gone to the dogs. The country lacks leadership in governance and now we have an ever-growing crisis ready to explode on our faces.

Kenya has a convenience government whose players are more interested in the next election that may, given the circumstances we are in, come any time. A leadership that does not care a dime about the immediate needs of the country’s 38 million residents hence the massive scandals in the energy and food sectors.

Two hundred and twenty two individuals many of whom have perfected the art of eating from our coffers both legally and otherwise hold the country at ransom. We have two exit points to the current dilemma.

A new constitution may lead us back to the ballot as a vote of no confidence in the current collapsing government may do. But given the attitude of our leadership none of this may come soon – which would be to the benefit of millions of Kenyans.

However, in what seems to be carelessness, our so called leaders have been enacting laws blindly not caring to fine-tune transitional arrangement. The country has no electoral body in place, no voter register and the convenient government has no exit point other than the 2012 election.

Thus, the crisis that faces Kenya today.

Let us say, hypothetically, that the entire constitutional review process will move well with the speed required and we get to the referendum. Or better still, the so called grand opposition outfit marshals troops and a vote of no confidence on the current administration sails through parliament.

Only a simple majority is needed in the parliament to declare no confidence in the government. And fellow Kenyans, it is at this point that we will all realise that we have no country.

To jog your mind, Chapter 3 Section 59 (3) of the Constitution of Kenya reads; “If the National Assembly passes a resolution which is supported by the votes of a majority of all the members of the Assembly (excluding the ex officio members), and of which not less than seven days’ notice has been given in accordance with the standing orders of the Assembly, declaring that it has no confidence in the Government of Kenya, and the President does not within three days of the passing of that resolution either resign from his office or dissolve Parliament, Parliament shall stand dissolved on the fourth day following the day on which that resolution was passed.”

In other words, a vote of no confidence would lead us to another election just as the referendum would require us to vote for or against the new document as we did in 2005.

But this is our dilemma! Since our so leaders thought it wise to send the Electoral Commission of Kenya home without setting up immediate parameters for the transition, you and I, my friend are no longer voters.

The voter register went home with Kivuitu!

The earliest time that we can expect, according to our leaders, the promised Interim Independent Electoral Commission to start operations is sometime in March. So, if the government is sent packing in the coming month of February, we would have no mechanisms to put in place a new one.

And even if we manage to have the instrument by then, millions of Kenyans will probably be incapacitated as the leadership continues to share out the few resources left. It is not ordinary Kenyans who have made oil and maize disappear from the stores. Kenyans do not even know where these so-called grain and oil reserves are stored.

I have no solution to any of the problems facing us but I am now more than ever convinced that Kenyans must rise up and demand to be heard. And not just to be heard, but to be taken seriously.

Kenya: Looming class clashes

I predict the death of tribal clashes in Kenya and the birth of class clashes. Come 2012 (or even before), Kenyans will not rise against each other on the grounds of their tribe.

Since 1990, Kenya has faced socio-politically motivated tribal clashes. A few individuals have used differences that communities have held over the years to instigate  violence. But in the near future, Kenyans will be dived into two – three quarters representing “the have nots” and a quarter representing “the haves”.

Wealth or the lack of it will be the center of division in the country. And all signs and indicators are clear though none of us seems to be reading them right.

Kenya is one of the country where the gap between the rich and the poor seems to be widening daily. Basic commodities such as food and energy have spiraled beyond the reach of many. Meanwhile, a few individuals (in politics and business) are enriching themselves in the process.

Some big-bellied men decide to smuggle maize out of the country and the price of ‘ugali’ hits an all time high. And then the government embarks on some endless investigations yet there are intelligence reports on the matter.

Some businessmen decide to hoard fuel and the price of everything from electricity to food stuff skyrockets.

Then MPs appoint a tribunal to review their salaries (upwards). Rumor mills have it that they already have a proposal – they be paid a higher salary and they will pay tax. Those in the know indicate that MPs have indicated that they will pay taxes once they get Sh1.4 million in salary and allowances.

And we all thought that the 9th parliament was the worst that this country ever had.

These are the reasons why a new kind of war is shaping up in Kenya ahead of a referendum sometime later this year or early next year and the 2012 general elections.

Meanwhile, any sober Kenyan will agree with me when I shout that we are a very irresponsible lot.

We lack responsibility in our thoughts, deeds, reactions, planning… name it, if the events that have both surprised and shocked us over the last couple of weeks are anything to go by.

The fire tragedies that claimed over 150 people have shown us how irresponsible we can be with life.

Even the guys who perished in Molo indicated that they were aware of the dangers posed by flammable substances such as the petrol they were busy stealing.

It would not be surprising to learn that some may have perished in the Nakumatt fire as they tried to find their way to free goodies.

Total cases of negligence!

Over 45 years after independence, Kenya has a police force that cannot control a crowd of onlookers. The country is served by a small number of emergency response personnel using limited facilities.

Kenya: We have failed

In the last couple of weeks, we have seen and heard all manner of accusations among Kenyans – we are an angry lot.

These have ranged from the church accusing the government of failing, the media accusing politicians for fueling ethnic animosity, the government asking the media and the church to turn a blind eye to what it has not done and see what it has done.

I have seen and heard the president accuse his minister of bickering, scientists not ready to accept that cough syrups are preventive and not curative medicines. The list goes on!

But what takes me aback is that I have not seen any of the mentioned groups and others critiquing themselves.

One of my not very popular political leaders made me think in the course of the week. She questioned why the public is quick to judge the leadership harshly yet it remains tolerant to the vices it accuses politicians of. The same public is ready to defend one of their own and even vote them back despite their dirty linen being displayed in the open.

Who helps politicians propel ethnic animosity, corruption and all other vices that continue to dog Kenya? Why are all sorts of leaders so quick to return to their tribal cocoons and proclaim that their community is being targeted in this scandal or the other?

Is the media justified to accuse politicians of fueling tribal animosity while printing and broadcasting the same statements uttered by the same people? Why is the civil society so quiet when police officers are killed in cold blood by robbers who they are so quick to defend when gunned down?

My humble opinion is that we have failed as a society. We are quick to judge each other pointing trash stained fingers towards the next person.

Forget the truth, Justice and Reconciliation Commission or the one on cohesion and ethnicity that we are about to form, Kenya will only arise from this dark path when we all learn to accept we have failed.

And we have failed!

Can Karua Mother Kenya?

Since she decided to leave government, Gichugu MP Martha Karua has been on everyone’s lips. From those who see her as a saviour to Kenya’s many problems to those who now call her a pretender and opportunist – Karua has made most conversations.

I find all sentiments leveled against the former minister as an honest and truthful summary of the ‘iron lady’ of Kenyan politics. Those who have read me previously will tell you that I have never been her fan but this is not to say that I do not appreciate the manner of which she has managed to execute her duties.

Yes I find Karua a fighter who has always defended whatever she believes is right. But I also find Karua a pretender who together with others in the Narc administration blocked minimum reforms that could have gone a great length in averting last year’s post election chaos.

However, since all of us have our weaknesses, I am willing to give the former minister some benefit of doubt. Not to say that I full agree that she is our best bet but may be the better one.

At the Kinyozi last weekend I could not help but realise how much faith Kenyans are placing on Karua especially with the instability that has rocked the grand coalition. My barbers were furious over a Sunday Nation report that described how President Kibaki and Prime Minister Raila Odinga were till being babied by Kofi Annan – one year on.

They made it known that they were very unhappy with the status quo and the current administration to them was a total failure. From the ranting, I could tell that Karua had at least 4 votes if these barbers will not have changed their mind before 2012.

There is something about Karua that has endeared her to Kenyans. Something that is giving her an upper hand as compared to her other likely 2012 rivals. Wherever I have had people speak of Karua and the future of this country, one thing has stood out, Kenyans have placed a lot of hope on her.

I have one specific concern in my humble opinon that would make me vote for President Karua come 2012. She does not belong to any dynasty and may be the Kenya’s bet to break the cycle of the ‘right family’ in Kenyan politics.

Uhuru Kenyatta, Gideon Moi, Raila Odinga all belong to the ‘right families’. The rest who are eying the presidency, George Saitoti and William Ruto have close associations with the ‘right families’.

Other than Karua, I can bet on anything that none of the other potential presidents have the will to recover from their own families whatever wealth that they may have acquired illegally or otherwise from public coffers. None of them will be ready to go for the other ‘right family’ and their associates.

It may be too early to tell but if Kenyans went to the ballot today… Karua  may be that mother that the country has lacked in over 40 years.

My brother Uganda please return my rock!

Dear Brother Uganda,

I am not about to tell you that you took what is mine without my permission. That you already know since some of my inhabitants have used it as an excuse to uproot a railway even though the real issue was that their colleagues had caught them using unpaid for electricity.

Uganda, you have been a dear brother. You have allowed my inhabitants to cross to your side and study for half the fees they would have used here. You have allowed my business inhabitants to exploit your surface by erecting banks, schools and now supermarkets.

In the same manner, I have allowed your inhabitants to use me to transport all kinds of substances from the bigger water body – the one that has no Mijingo. I have in many circumstances come to the aid of your inhabitants as they freed their brothers who thought they are not good enough living in you.

Now to the matter at hand. I know you think since your inhabitants can easily chase each other out of you, they are mighty enough to stand against us. Remember in 2008, when you had to cry asking me to ask my inhabitants to stop chasing each other around me? I am talking about that time that fuel prices went so high in you that most of your inhabitants resulted to bicycles.

Well, if you do not want to see this happen again please place back that rock… it belongs to me and we all know that. That rock is too small for me to have it go but it will leave me deformed. Some of my inhabitants are called army and others navy.

These guys have some things that resemble rocks and go BOOOOOM!. Those rocks may be small but have the capability to sink that rock I call Migingo and you call Mijingo… But I do not want us to get there.

It will be painful for me to lose a part of me and you too may lose some of your inhabitants since I will have evacuated mine who you have been harassing because of fish. And by the way, I have not paid attention do the fish from your part of the queen’s lake have number plates… well I am sure those from my side do not. So why arrest my fishing inhabitants when they capture the fish from you that come to me.

A long time ago, the kings of me pushed the kings of you back as you tried taking a part of me. The current king does not like quarrels, he thinks it is is upubavu and those who quarrel are mafi ya kuku… I am sure you know what these means by now.

Now my dear brother, I am begging you to return my rock… I will still allow your inhabitants to come capture fish whether those with Kenyan or Ugandan number plates.

Your timid brother, Kenya.

Before you approve the supplementary budget…

Dear honourable members,

I am writing to you on behalf of the millions of Kenyans who have lost trust in you.

Information in the public domain indicates that Finance Minister Uhuru Kenyatta will this week as you to approve a Sh 24 billion supplementary budget in the name of meeting the government’s obligations. I know that the money is vital for the country’s survival but I beg you to consider a few things before you allow Mr Kenyatta to use more of our money.

I ask that you demand an audit of the money that you approved in June last year. Reason being that it is my feeling that the government has used the money to pay for unnecessary expenditure such as financing the bloated Grand Coalition Cabinet.

The 2008/09 Budget programmed expenditure amounting to Sh 673.1 billion that was to be financed by revenues amounting to Sh 546.5 billion, leaving a deficit of Sh 127 billion.

On March 12, in a statement, the minister said that through to December 2008, the implementation of the budget progressed well. He actually told us that the Sh127 billion deficit had been covered in five way.  These were Sh25.2 billion net foreign funding; Sh52.1 billion infrastructure bond comprising; Sh36 billion net domestic borrowing; Sh8 billion privatization receipts; and Sh5.7 billion comprising of refinancing of Sh3 billion shareholder loan to Telkom Kenya Ltd and Sh2.7 billion to Kenya Petroleum Refinery Ltd.

His statement indicated that the true position is that as at end of last year, ordinary revenues amounted to Sh216.7 billion or 98 percent against a target of Sh221.8 billion, representing Sh5.1 billion below target. So why does he now need Sh24 billion if the the deficit to December last year was Sh5.1 billion.

On the expenditure side, the minister said that under utilization of funds budgeted comprised of Sh21.8 billion in recurrent budget and Sh24.9 in development budget. This means that, up to December 2008, the government spent Sh262.9 billion against a target of Sh309.9 billion.

As you scrutinize Mr Kenyatta’s supplementary budget, kindly ask for me and the other Kenyans wallowing in escalating inflation, how much he has saved from the planned expenditure cuts. He promised to ensure expenditure cuts in domestic and international travels, conferences and workshops, training and furniture.

In addition, recruitment of new officers and projects whose implementation had not commenced were to be postponed to next fiscal year.

Let him tell us how much the government has used to elevate hunger in the country that has put more than a third of the country at the risk of hunger. He should also tell us who has been financing political parties as they hold rallies and retreats while no budget was set aside for the Political Parties office during the last budget reading.

What will he do with the money that he is now requesting? Is this new request that necessary given the statistics he gave in March? Is the government so broke and we still see ministers and other civil servant traveling in top of the range vehicles? Can the minister justify all government spending including the payment of ministrerial allowances to the bloated Cabinet that does not have the full mandate of Kenyas?

Why this questions are vital is because the ordinary Kenyan continue to see the government spend money in what can be considered as unnecessary expenditure. It seems the government continues to spend more on recurrent expenditure than on development issues.

For a sneak preview, in the course of the year, four top government officials – the Prime Minister, his two deputies and the Vice-President – have received new vehicles at an estimated  total cost of Sh80 million, which I highly doubt were necessary.

In the course of their work, the PM and the VP have been consuming unnecessary funds through their numerous trips around Nairobi and the rest of the country. I am still wondering why their entourage has to be made up of up to 10 vehicles from their offices on Harambee Avenue to lets say Serena Hotel.

Your Concerned Electorate,

Oliver Mwandishi.

The politics that is the Uhuru budget

Last Thursday, Finance Minister and Deputy Prime Minister Uhuru Kenyatta delivered what has been touted as the most ambitious yet key to economic recovery budget speech in Kenya’s history.

I too was impressed by the young Kenyatta’s budget which if well implemented will be a key to regional development, poverty reduction and employment creation.

In particular, the 2009/10 budget promises to improve infrastructure especially in rural Kenya in the process boosting the local economy.

Uhuru plans to give millions of Kenyan youth an opportunity to earn a livelihood by increasing money allocated to the CDF, Youth Fund and Women Fund. He has also promised to make more youths fishermen and jua kali artisans.

All the niceties aside, my analysis reads politics in Uhuru’s maiden budget – since no one has pointed out any errors so far. While it promises to make your life and mine more comfortable and improve our economic status, the first Uhuru budget is a well calculated political scheme.

It may be hard to believe that Uhuru has made sure that his colleagues will not forget his good “deeds” that they up their profiles among the locals. Uhuru, just like any of his predecessors, may not have another opportunity to read another budget – things change fast in this country.

And in order to ensure that he remains a key figure ahead of the 2012 elections, Uhuru gave our MPs a lot of goodies to bring to us in the name of different funds. Even though the MPs may never come close to the money, the various ministries will have to consult with the constituency office before a new school is built in the area.

Uhuru has made the MP more powerful, he has ensured that at least you will remember that your MP brought you development through a budget granted by the son of Muigai who has wanted to lead the country since 2002.

And so if he has brought you water, your children are going to school, you have markets and your eldest son is doing a kibarua somewhere, why then shouldn’t you send him to State House  ten years later when your MP says so.

While you give Uhuru marks for an economic recovery oriented budget, I give him the thumbs up for playing the cleanest politics yet.

And if he keeps on the momentum and ensures no errors in the implementation of his budget, I am sure he will score big on this one.

I have beef with the media (I included)!

I am in a very foul mood today because my work and that of my colleagues in the media is failing this country. Kenya is in the verge of drowning in four major crises that threaten the peace and stability of the country.

The country is faced with an energy crisis, a food crisis, a security crisis and water crisis. But as usual, unless a Kenyans start losing their lives, the media remains quiet about it.

There is looming energy crisis that at the end of it all will lead to a collapse of several other sectors. This crisis is set to make the country’s food crisis even worse as drought continues and the cost of food production.

The power plant dams along the Tana River are drying up and doing so fast. Yet, the country’s forest cover continues to be depleted by the day – currently standing at less than 1.5 per cent. No one – the media included – seems to be buying the idea of green energy even as experts indicate that’s where the solution lies.

A lot of the country’s production in all major sectors relies on energy in particular electricity – 75 per cent of it being hydro.

The rains have failed, more rivers are drying up and the crop production in the country is set to decrease drastically in the coming months. The October rains may also fail as the environment continues to be degraded.

A hungry lot is an angry one. Kenya should expect civil protests due to a rising cost of living. The rate of crime is already on an upward movement. But it is set to be worse as time goes by – as Kenyans become impatient.

The beef I have with the media, is that we remain silent and when we do anything about it, we never put it in perspective. As the fourth estate, as a watchdog of the people the media must rise to the occasion and help Kenyans come up with solutions to this problems.

It about opening debate as we have done with who should replace Muthaura, why Kenya should silence the Al-Shabab, Whether it is a local tribunal or The Hague…!

It is time the media got down to work!

I bleed, I am lost, I breath no more

I bleed, I am lost, I breath no more
Holding my breathe, just as I did before
They cheat, they cry
Pretending they try

I blame me for I listened
Acting on what they said
That they would make everything right
That they would keep all in sight

Now they call me a nag
I appear they hide their flag
Yet I am asking for my right
A right that makes my life light

Will I ever learn
I made my neighbour run
No one to share in my sorrow
That which makes my spirit wallow

Yet today I whet my arrow
Ready to hound my neighbour tomorrow
Why don’t I hunt them down
Them that drained life out of town

Them that I feed while I am hungry
Leaving my famished family angry
Them that make the laws
Laws that never arrests their flaws

Flaws that leave the country naked
Naked to reality that can’t be faked
Yet tomorrow I listen
To the slur that leaves me beaten

And then I chase my neighbour
Who previously I run to his shoulder
The day after I bleed like before
I am lost, I breath no more

We need a working government!

On Tuesday night a Kenyan TV  station asked a rather tired question during its 9pm prime news. And the response was obvious – a majority of Kenyans would rather do without the current government.  But two of us – Wakasa and I – disagreed and said we would rather have a working government than replace the current one.

The flow of thought is simple. Most of us feel that the government has totally failed and should be done away with. We feel it is the government’s fault that we do not have enough food, energy and water. We feel it is there fault the they call Cabinet meetings to discuss post-election violence instead of focusing on the issues that really affect this country currently.

However, I do have a different thought to sell. We have failed institutions – police, judiciary, civil service, ,electoral commission etc – and things will not be different even if we put in place a new government. My thinking therefore is that we need a government that works even before thinking of replacing the one we have.

A government must be able to operate fully, effectively and efficiently regardless of the individuals taking up the different positions. Government institutions must be able to withstand the change of guard and unless we make this possible we will sit back and watch as dysfunctional governments come and go.

2012: Agwambo's last chance to become a statesman

Prime Minister Raila Odinga

The grapevine is pointing to a 2012 Kenyan presidential race minus Prime Minister Raila Odinga. The move will definitely break the hearts of many of his followers but there lies a silver-lining for the man who was set to be Kenya’s fourth president after the 2007 bungled elections.

Kenya, like a large number of African countries, lacks a statesman. The next election remains Mr Odinga’s most viable chance to take up this enviable role. That is if he convinces his supporters that he does not have to be president to influence the direction that the country takes in the coming years.

As a statesman, Mr Odinga will have a chance to help redeem the country’s image which has been tainted by leaders who want to stay in power for years to end. President Kibaki had the chance in 2007 since he had promised his supporters in the political arena that he would serve a single term and retire to Othaya to look after his tea and coffee.

Kenya needs a leader who will influence the country’s agenda from outside government. A leader who both the citizenry and the government can look up to for counsel as has been the case of South Africa’s Nelson Mandela. Mr Odinga has the chance to take up this role in 2012.

My conviction is driven by the fact that in the last six months, the PM has stood out to be a man of principal who is ready to look beyond what his political cronies are saying. He has made it clear that he is ready to move alone as long as this will be for the benefit of the larger Kenyan public.

I believe a large number of the close to 40 million Kenyans are ready to support Mr Odinga if he chooses to take this path and save this country. Kenyans have lost their faith in the political system and wish to have a leader who can influence the restructuring of the country’s institutions.

Who better to lead that cause than Mr Odinga who has served in both the Moi and Kibaki governments and understands fully how the opposition works in the country.

A statesman in the face of Raila Odinga is what Kenya needs to advance democratically and economically after the death of the excuse of a government the country has as the grand coalition.

Why the two principals do not deserve that title!

On July31, President Kibaki and Prime Minister Raila Odinga betrayed the millions of Kenyans who put them in those positions. The failed to successively defend their agreement and ensure that they offered leadership to the country.

They allowed their ministers to arm-twist them into giving the international community an opportunity to call Kenya a failed state. The two backtracked on their promise to Kenyans that they would do all they can to help fight impunity.

On December 16 last year, the two so called principals signed an agreement on the implementation of the recommendations of the Waki Report. The agreement bearing the signature of President Kibaki and that of Prime Minister Raila Odinga is divided into six articles.

Article one clear states that the two agreed to establish the Special Tribunal for Kenya to try post-election violence suspects. What more evidence does one need that these two fellows do not deserve to be at the helm of this government?

Article two says that they would lobby parliament towards the enactment of the Freedom of Information Bill and take such administrative measures as may be necessary to fully operationalise the Witness Protection Act and the International Crimes Act. The law on the freedom of information is yet to be enacted and the the other Acts are  yet to be operationalised.

Article three called on the comprehensive reform of the Kenya Police and Administration Police. A task force on the same has finalised their work and we will have to wait and see where the government heads on this one. We expect an independent Police Service Commission  and an Independent Police Conduct Authority as stipulated in the agreement.

Under Article four, the two leaders agreed that they shall ensure that any person holding public office or any public servant charged with a criminal offence related to 2008 post-election violence shall be suspended from duty until the matter is fully adjudicated upon. They also promised that they shall ensure that any person convicted of a post-election violence offence is barred from holding any public office or contesting any electoral position.

Under Article five, Mr Kibaki and Mr Odinga committed themselves to ensuring that the Conflict and Disaster Early Warning and Response Systems as articulated in the First Medium Term Plan (2008-2012) are developed and implemented as a matter of priority. Well we are always moving in late in all aspects including launching disaster appeals for food and water like it is happening today.

Article six on the was on setting up of a framework for implementation of the agreement.

The short of this is that the two have failed in showing leadership. The two must rise to the occasion and save this country or they will be remembered as the two leaders who burnt Kenya.

No more Pledges, Plans or Strategies, Please!

Today, August 19, marked the launch of the Prime Minister’s strategic plan in Kenya and the country’s Economic Stimulus programme.

As usual, it was pomp and colour as taxpayers’ money financed another ambitious plan to turn around the country’s fortunes. The country was witnessing another strategy document launched and hope that it may not turn into another white  elephant.

In 2003, we had the Economic Strategy for Wealth and Employment Creation of 2003 -2007 which outlined Kenya’s development priorities. The number of people living under a dollar a day in Kenya has increased in the last 2 years that this strategy expired.

We were told that the economy had grown from a negative in 2002 to 7 per cent in 2007. However, this economic growth has come with a higher cost of living – unaffordable housing, high food prices and high energy cost.

As a result, the economy cannot absorb as many graduates as our institutions are producing in any year and the number of jobless Kenyans has increased over the years.

The government did not stop at the 2003 strategy and last year went on to launch its blueprint, Vision 2030. Its main objective is to turn Kenya into a a middle-class economy by the year 2030.

But the road to this vision is still hazy as corruption, poor implementation of projects coupled with climate change and the global financial crisis cloud it.

In June this year, the government rolled out a multi-billion public expenditure plan it hopes will pull the economy out of its deepest plunge in 20 years, restore food security and reduce inflationary pressure that has cut consumer purchasing power by nearly one third in the past 15 months.

The Sh40 billion plan, whose details President Kibaki unveiled in his Madaraka Day speech, will see the government spend close to Sh20 billion on infrastructure projects contained in Phase One of the economic blueprint Vision 2030, support agriculture and establish special economic zones to boost the country’s export earnings.

And now we have the PM’s Economic Stimulus Programme July 2009 – December 2009. There is no problem in having plans. We all do make them and even support fully the government efforts.

The point is to put them into action and have them properly implemented. While we appreciate the good roads that we see to day, they will never make sense too use them to transport our produce to factories that do not have electricity.

The government must go beyond this rhetoric and paperwork. Do not talk of industrialisation when the cost of doing business  in Kenya remains up there and expect me to invest my money here.

What is the use of putting up digital villages in every constituency while we are still struggling with putting together a power plan for the country?

Do not produce more food through irrigation if the citizenry cannot even afford whatever little that is there.

Unless the cost of living and that of doing business in Kenya is drastically brought down all these strategies will go to waste and will remain government paper.

Are we really doing that badly?

For one week now, we have been taken through a circus of a big brother claiming how we are doing badly as Kenya. Obama thinks that some people under Kibaki and Raila are slowing down reforms in the country.

So people, even those who were in charge of those reforms not so long ago think that Obama and his cronies are right. I beg to differ with both the opposition powers int he country and the Americans – and I am no government spokesman.

Having actively covered the reform agenda since last year, I am of the opinion that Kenya is doing it better than anyone else can.

I could take those with a different opinion through the steps that the country has taken to put in reforms aimed at ensuring that we regain our position as a leading African country. However,  I would rather spare you the agony as the writing is on the wall.

Almost a year ago, I wrote in the ‘Forgotten Agenda’ and I can now report that I feel confident that the country has made great strides. Reform is about institution that is clearly been done through the Interim Independent Electoral Commission, the Committee of Experts on the Constitution Review among others.

Reform is not about removing individuals from certain positions and replacing them with others. Did we not record cases of electoral malpractices even after kicking Kivuitu and company out after the disputed 2007 elections?

I acknowledge that core issues such as poverty are yet to be adequately addressed. But at the same time, how comes, everyday we read in the newspapers or watch on television, Kenyans who are using the little they have to create more.

Kenyans are feeding themselves and others from small portions of land. Zero grazing has become an option as drought continues to persist in the country. Domestic irrigation too has become an option as people look for new ways to feed their families and relatives.

My humble opinion is that Kenya is not doing as badly as some people want to portray us. We have a long way to go but we are getting there. But political rivalry is blocking our view from the good that is happening.

Even as we blame the government, we have failed as Kenyans in ensuring that we are part of the change we want to see. For instance, only 12,000 Kenyans gave written view to the experts putting together the new constitution and we dare say that our views have not been taken into account.

As a country, we must raise our optimism and avoid been lied to that we are doing nothing. We must stand up to detractors who are out to ensure that they will be singing; “we told you!” if things go wrong in the future!

Now that you have pushed Ringera out, reform KACC!

I would hate to be the person who replaces Aaron Ringera at KACC even with the tempting Sh2.5 million monthly salary. The same mob that has today lynched a man who has done his job, would come baying for my blood.

Yes, I said he has done his work because I am not here to push propaganda. He investigated, listed them but who is he to prosecute – that’s another person’s job.

Our MPs may have managed to push Ringera out, but the current system is not likely to help the fight against corruption in Kenya. My hope – which will die off going by the shenanigans in that August house – is that the MPs will use the same amount of energy to reform KACC.

Currently, its like employing an unarmed guard at your fence-less home. KACC remains a toothless dog even as Ringera exits and unless parliament acts to change this, whoever comes next will perform non better than him.

I will not be surprised if MPs turn their attention on another individual as a way of settling scores with the government instead of reforming this important institution. I wouldn’t mind if they turned the battle on Attorney general Amos Wako who is catalyst beginning of Kenya’s corruption culture.

Corruption remains a major obstacle in Kenya – keeping at bay would be investors while hurting the economy. Corruption has denied Kenyans essential services and must be fought not for political reasons but for the sake of the country.

If we are a failed state help us build it… stop the noise!

There is a lot of noise on Kenya not doing anything right. And it is noise that I am so tired of hearing. My humble opinion is that Kenya is not doing as badly as some people want to portray us. We have a long way to go but we are getting there.

The international community seems to think we are such a failed nation more often than not pouring money to encourage NGOs to push the government. And this is the source of the pollution that is leaving the country with no focus.

Yes, a lot is to be done in the same way that a lot is being done. We are reforming various institutions in this country and my take is that we have done pretty well.

Look at parliament that could be silence by a single statement in the past. It has now become a major beacon of hope for this country due to the reforms, some of which however have made it dictatorial.

A draft constitution will be published in the second week of November and I believe Kenyans will have a good 30 days to discuss it and arrive at a consensus.

Registration of voters starts next months and the interim electoral commission is planning to automate things including introduction of electronic voting.

The boundaries commission, the TJRC and the national cohesion teams are up and walking if not running.America, EU and the rest should give Kenyans the space to complete this reforms.

As I have argued before, reform is not about removing individuals from certain positions and replacing them with others. Did we not record cases of electoral malpractices in the August by-elections even after kicking Kivuitu and company out after the disputed 2007 elections?

Instead of giving NGOs money to continue making noise over nothing, help this country feed itself. Help it build its infrastructure. Offer its traders favourable markets. Lift those travel advisories so that tourism grows if you really want this country to be stable.

Even as you argue the major problem in Kenya is governance, you must realise that it is struggling like any third world country. Struggling to have proper roads and hospitals. Struggling to fight poverty. Struggling to fight impunity and corruption.

You can advice us, but do not rub it on us!

Why Wanjiku must read this time round!

On November 17, Kenya set out on a path that may go a long way to determine its future. This marked the start of a 30-day public interaction with the Harmonised Draft Constitution. I marked the beginning of the only chance that the ordinary Kenyan will have to interact with the document and make suggestions on how it can be improved.

This morning, there was this conversation that made me think whether the public is ready to be engaged on the making of the country’s supreme law. One guy brought up a notion that the country has a large population that is illiterate but also added that there are those who can read but are too lazy to do it.

And since there is nothing I can really do to increase the literacy level in the 30 days, I want to focus on the latter part of my friend’s concern.

During the 2005 quest for a new constitution, Kenyans (I included) left it to the politicians to read the draft for them and interpret it for them. The country was  then divided into an orange and a banana and that culminated in the death of more than 1,000 Kenyans in 2008 due to the highly polarised atmosphere.

Counting on history to have taught us something, my hope is that Wanjiku will this time read the constitution before listening to the arguments by the politicians, civil society groups and religious leaders. We have a duty to ensure that we get it right before all the confusion starts.

Already there are those who are arguing against some aspects of the constitution without having even had a look at the document. Some shout loudest with arguments based on hearsay and without any basis in fact.

For instance one newspaper had to shameless give some politicians a platform to trash the proposals on the executive just hours after the document was unveiled. Even if they had an advance copy, it was prudent to let us all read it first and then open up the debate.

Having read the document, I believe it is one of the most advanced step that the country has made in the quest for a new constitution. All the legal jargon may be somehow confusing but it makes more sense than when you get explanations from someone – some who may have heard from someone else.

And that’s my call to Wanjiku… Read it this time!

The prick said positive, so I choose to live!

Just one prick confirmed the worst

It all felt like seeing a ghost

Was the world caving in?

Had I thrown my life into the bin?

Six months I had not had sex

My heart was now filled with vex

How would I live my new life?

What would I tell my future wife?

Six months later, the world turned against me

Close friendships turned so dim

Was the disease this demonising?

What happened to my life, so promising?

It is just a disease and I am not dead yet

I have over-lived the period they bet

They all said my life was on the brink

I should take that poison drink

Should I give up and let them laugh?

Can my heart grow to be tough?

I feel my life has a long way to go

To the death they proclaim I say no

It is six year after that prick

My body still as strong as a brick

This is why I choose to live

Live a positive life because I believe

________________________________

HIV/AIDS kills! Malaria and Cholera too

Stop discrimination against people living with HIV

© Oliver Mathenge, December 2009

Plan to hijack review process good for Kenya

Reports from Naivasha show that the 26 MPs in the Parliamentary Select Committee plan to hijack the process from Kenyans by allowing parliament to pass and adopt the new constitution.

In other words, the MPs want Kenyans to sidestep the referendum and instead have parliament convert itself into a constituent assembly. There are many ways of adopting  a new constitution and using a referendum is just one of them.

This is however subject to the PSC, the Committee of Experts and Parliament reaching consensus on the new document.

My take is that this may be the best thing that may come from the two-week retreat in Naivasha in relation to the review process.  I do not see the reason why a third world country should use billions of shillings to conduct a use a referendum to pass the Constitution while this can be avoided.

I find the argument that Kenyans can only own the new Constitution if they take part in a referendum a fallacy. How many laws – perfect or otherwise – having been passed by MPs and we are comfortable with them.

The inclusion of the  provisions establishing the grand coalition government including the position of a PM did not need a referendum to be entrenched in the current constitution. The introduction of the Interim Independent Electoral COmmission and the Interim Independent Boundaries Review Commission into the constitution, too, did not need a referendum.

Kenyans, in my opinion have effectively participated in the review process and a referendum is just a waste of money and time. Further, history shows that Kenyans cannot go to a voting process and come out of it united unless they are against one force – like the Kanu regime in 2002.

Since the early 90s, Kenyans have presented views on how they want their constitution to look like. Even in the current process,  the public submitted over one million views to the experts during the months of November and December.

Mt belief that we can give parliament the benefit of doubt and allow it to give us the new constitution without put us at the risk of going at each other because of our differences.

Katiba Baraza: Why going green is cool for the youth

As debate on the proposed constitution rages on, issues to do with the youth seem to be swallowed in the political frenzy, especially due to contention on land and the kadhi’s courts.

Kenyan youth and, as we call them, Buzzers, make up a majority of the population stand to gain much in the new constitution if it passes the August 4 referendum test.

The proposed constitution defines youth as persons who are aged between 18 and 35 years of age.

Even with emerging contentious issues, the proposed constitution provides an opportunity to deal with the socio-economic and political inequality facing young people.

The new constitution will enshrine many provisions that uplift the youth from the status of a marginalised group that has been perpetuated by weak institutions in the country.

The elaborate Bill of Rights, touted to be the most advanced north of South Africa, has an entire section on the youth.

Article 55 requires the government to put in measures and programmes that ensure that the youth access education, training, representation and employment.

It has provisions that require the government to ensure that young people are protected from harmful cultural practices and exploitation.

Early marriages and female genital mutilation are some of the issues that have been facing young women in Kenya presently.

The provisions of the proposed constitution require that the government ensures that young people are represented and participate in political, social and economic spheres.

Not only is the government required to ensure that the youth access education and training but also ensure that they can also get jobs.

Other provisions that cater for the entire population and more specifically to the youth include Article 43 which recognises socioeconomic rights including food, healthcare, housing, education and social security amongst others.

Chapter 8 that deals with representation in Parliament gives space for the youth who are often bullied out of elective politics in the country.

Article 97 provides that the 12 nominated MPs in the National Assembly be drawn from persons representing special interests.These are listed as the youth and persons with disabilities.

Article 98 provides for two youth, one woman and one  man, representatives in the Senate.There also sixteen special seats in the Senate and 47 in the National Assembly for women a category in which many youths fall in.

The introduction of dual citizenship also gives young people a chance to take up opportunities beyond the borders and easily come back home and get involved in national development.

Many may have reasons to reject the proposed law in August but the youth can ensure that the gains promised therein are not lost.

Send your questions and suggestions to: omathenge@ke.nationmedia.com

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PS: This article first appeared in the Buzz Magazine inside the Sunday Nation on June 6, 2010. Check out the next article this Sunday and remember to send your questions and suggestions to the address above.

Katiba Baraza: You'll enjoy more rights under new law

After last week’s baraza, several Buzzers have asked that we focus on the Bill of Rights and the changes that it comes with.

Unlike in the current Constitution, where the Bill of Rights only provides for political and civil liberties, the proposed law extends to economic and social rights, essential for a decent standard of living.

It will be the government’s obligation to provide basic needs like food, water, housing and health if the proposed constitution is passed and adopted.

The document says that every person has the right to healthcare services. Furthermore, no person may be refused emergency medical treatment.

The State is also required to institute a programme to implement the right of every child to free and compulsory pre-primary, primary and secondary education and in so doing, shall pay particular attention to children with special needs.

On food, the document says every person has a right to be free from hunger and to adequate food of acceptable quality.

It adds that every person has the right to clean and safe water in adequate quantities.

It also states that every person has the right to accessible and adequate housing and to reasonable standards of sanitation through a housing development fund.

In an attempt to protect citizens, the document gives them the right to go to court.
Citizens have the right to institute proceedings for enforcement of rights.

No fee will be charged for commencement of proceedings to redress rights or fundamental freedoms that have been denied.

Abortion is outlawed and termination of pregnancy can only be allowed under emergencies, where a trained and qualified health professional deems it necessary.

The document says every adult has the right to marry a person of the opposite sex, based on the free consent of the parties. It is shocking when some people allege that the proposed katiba allows gay marriages! Consumers have a right to goods and services of reasonable quality; information necessary for them to gain full benefit from goods and services; protection of their health, safety, and economic interests and compensation for loss or injury arising from defects in goods or services.

An arrested person has the right to be brought before a court as soon as reasonably possible, but not later than 24 hours after being arrested.

A person shall not be remanded in custody for an offence if it is punishable by a fine only or by imprisonment for not more than six months.

Every accused person has the right to a fair trial, which includes the right to have an advocate assigned to the accused person by the State.

Send your questions and suggestions to: omathenge@ke.nationmedia.com

PS: This article first appeared in the Buzz Magazine inside the Sunday Nation on June 13, 2010. Check out the next article coming Sunday and remember to send your questions and suggestions to the address above.

Katiba Baraza: How Devolution will work

One of the most debated issues in the proposed constitution is devolution. If the document is passed in the August 4 referendum, Kenya will have two levels of government.

The creation of counties is aimed at decentralising power and resources, and to complement the work of the national or central government.The counties are to also act as checks and balances on the executive as they will elect representatives to the Senate.

Kenya is to be divided into 47 counties based on the districts created by the Districts and Provinces Act of 1992.

In Coast Province, the proposed counties are Mombasa, Kwale, Kilifi,Tana River, Lamu and Taita/Taveta.

North Eastern Province has Garissa,Wajir, Mandera and Marsabit while Eastern Province has Isiolo, Meru,Tharaka-Nithi, Embu, Kitui, Machakos and Makueni.

The proposed counties in Central Province are Nyandarua, Nyeri, Kirinyaga, Murang’a and Kiambu.

Rift Valley will be divided into Turkana,West Pokot, Samburu,Trans Nzoia, Uasin Gishu, Elgeyo/Marakwet, Nandi, Baringo, Laikipia, Nakuru, Narok, Kajiado, Kericho and Bomet.

Western Province will have Kakamega,Vihiga, Bungoma and Busia while Nyanza will have Siaya, Kisumu, Homa Bay, Migori, Kisii and Nyamira counties.

Nairobi Province will have one county called Nairobi City.

Each of the devolved governments shall consist of a county assembly and a county executive.

The county assembly consists of members elected by the registered voters of the wards, an unspecified number of special seats to ensure that no gender takes more than two-thirds of the membership.

It will also consist of special seats for marginalised groups, including persons with disabilities and the youth.

The county executive consists of the county governor and the deputy county governor who will be elected directly by the voters.The county governor, with the approval of the assembly, will appoint a sort of `cabinet’ from outside the assembly.

This `cabinet’ should not be more than onethird of the members of the assembly if it has less than 30 members. If the county assembly has more than 30 members then the governor’s appointees should not exceed 10.

The executive committee will be responsible for implementing the county’s and the overall national laws within the county. It may also propose legislation and prepare reports to the assembly on anything relating to the county.

County governments will handle matters relating to agriculture, health services, infrastructure such as roads and street lighting, and social ills among other functions. Since it will be required to handle its own development, the county government can collect levies, and licence and permit fees to raise funds.

However, only the national government can impose income tax, value-added tax, custom duties and excise tax. Under the proposed constitution, counties are to receive 15 per cent of the national revenue and have the power to raise their own funds.

Send your questions and suggestions to: omathenge@ke.nationmedia.com

PS: This article first appeared in the Buzz Magazine inside the Sunday Nation on June 20, 2010. Check out the next article coming Sunday and remember to send your questions and suggestions to the address above.

Katiba Baraza: This is how the government will work

I was tickled last week when someone said that the proposed constitution has too many centres of power.
That is not true, this draft truly divides and checks the excesses.

Kenya will have an executive president with less powers, and no prime minister.Yes, there, I said it; this draft will not have a PM! The Cabinet will not be appointed from Parliament and there will be two levels of government: the national government and devolved governments with 47 counties.

Parliament, as you may recall from those GHC lessons, will have two chambers: the National Assembly with MPs and the Senate to be made up of representatives from the counties.The Senate will have powers to impeach the President as well as to pass laws.

Once the new constitution comes into force, no Bill can become law unless the two Houses pass it. So we can all rest easy, anything we want changed or tweaked can still be done.

Kenyans will go for a single election to pick their president and their representatives at the county and national assemblies on the second Tuesday of August of the election year. If passed the first election will be conducted on August 13, 2012 A president will be elected by all voters and will need 50 per cent plus one of all votes cast and at least 25 per cent of the votes in half of the counties.

The new Cabinet will have 14 to 22 secretaries (that’s the new name for ministers), assisted by principal secretaries.The position of assistant minister will be scrapped. Currently, there are 40 ministers and 54 assistant ministers.This means we shall actually be saving some cash here.

The president will no longer be able to pick top officials at will. All senior appointments must be approved by Parliament. However, in the Judiciary, only the Chief Justice and his or her deputy will require Parliament’s approval.

The Judicial Service Commission will nominate candidates to serve as judges, who will be appointed by the president, with MPs playing no role.The new law, however, gives the president exclusive authority to dismiss public officers without seeking the approval of Parliament. But in the case of the Judiciary, the dismissal will have to come from a tribunal.

The president, his deputy, county governors and their deputies can be impeached. On impeachment of the president, the National Assembly will introduce the motion but investigations and approval of the impeachment will lie with the Senate.

The Senate will be composed of 47 members each elected from the counties, 16 women nominated by political parties, two members of different gender to represent the youth and two members of different gender to represent persons with disability.This is where I expect buzzers to ululate.The proposed constitution creates an extra 80 constituencies bringing the number of elected MPs to 290.There will also be 12 nominated MPs and 47 women elected from the counties, bringing the total number of MPs to 349.

The Judiciary is excluded from the impeachment process since the process is a political trial and the judiciary may be required as an avenue of appeal.

Matters of national revenue taxation will be handled by the Controller of Budget, Auditor-General, Salaries and Remuneration Commission and the Central Bank of Kenya.The Administration and regular police will fall under one command ­ the Inspector-General.This head of the force will have two deputies, each in charge of one of the units.

In all, the proposed katiba makes the gova more efficient, or what do you think?
Send your questions and suggestions to: omathenge@ke.nationmedia.com

PS: This article first appeared in the Buzz Magazine inside the Sunday Nation on June 27, 2010. Check out the next article coming Sunday and remember to send your questions and suggestions to the address above.

Katiba Baraza: New order subjects top officials to vetting

Parliament will play a key role in the appointment and dismissal of key constitutional office holders if the proposed constitution is approved.

The culture of holding on to such positions for far too long will also come to an end in the new order.

Under the current laws, the President has the say in the appointment of ministers, the Chief Justice, the Attorney General, the Controller and Auditor General, permanent secretaries, secretary to the Cabinet, and chairman of the Public Service Commission.

However, in the proposed constitution, the President cannot appoint or remove persons to these offices without the authority of the National Assembly.

An MP seeking the removal of the AG or any other member of the Cabinet may propose a motion requiring the President to carry out the dismissal supported by one quarter of the National Assembly.

If the motion is approved by the members, a committee of 11 MPs will investigate the matter.

If the investigations, which will take 10 days, are found to have substance, Parliament will give the AG or the Cabinet secretary a hearing and then vote on the resolution.

If it is supported by a majority of the members, the Speaker will notify the President, who will dismiss the office holder in question.

In the case of permanent secretaries, who will be known as principal secretaries, the President will pick them from among nominees recommended by the Public Service Commission.

However, the President will seek the approval of Parliament before appointing them.

The President has a freehand to dismiss the secretary to the Cabinet, although the appointment must be approved by MPs.

The current AG, Mr Amos Wako, will serve for a maximum of 12 months after the new constitution is passed.

The President will then be required to appoint a new AG in consultation with the Prime Minister and with the approval of Parliament.

The director of public prosecutions (DPP) is the only state official with security of tenure.The proposed law states that the holder shall be in office for a nonrenewable term of eight years.

A person seeking the removal of the DPP will have to present a petition to the Public Service Commission, which will determine its merit. If satisfied, the commission will send the petition to the President, who will suspend the DPP and appoint a tribunal to look into the allegations.

During the suspension, the proposed law says that the DPP will be entitled to half his remuneration until he/she is removed from office.

The Chief Justice and his/her deputy will be appointed by the President, as recommended by the Judicial Service Commission and with Parliament’s approval.

The new law indicates that the Chief Justice shall hold office for a maximum of 10 years. However, he or she shall retire after attaining the age of 70 years or any time after attaining 65 years.

The CJ can only be removed from office if a tribunal chaired by the Speaker of the National Assembly finds accusations brought against him true.

Evan Gicheru, the current CJ, will be required to vacate office six months after the new constitution is enacted. He may choose to retire or be vetted to allow him to continue serving in the Court of Appeal.

Parliament will also approve the appointment of the chairpersons and members of commissions and holders of independent offices, including the Auditor General and the Controller of Budget.

Send your questions and suggestions to: omathenge@ke.nationmedia.com

PS: This article first appeared in the Buzz Magazine inside the Sunday Nation on July 11, 2010. Check out the next article coming Sunday and remember to send your questions and suggestions to the address above.

Ground Zero Mosque: Let's be tolerant

These Americans can be one disappointing lot.

I am still in shock that some of them can block the building of a Mosque just because it is located near the 9/11 bomb attack area.

This has reminded me of the debate on Kadhis’ courts that we have had since the new constitution in Kenya was first published last November.

What happened to tolerance? Who says that we cannot allow persons from other religions and cultures from exercising what they believe?

Is it justified for nationals to discriminate against their countrymen just because they profess a religion that has been associated with terrorism?

Are Americans trying to tell us that no followers of the Muslim faith were killed in the 9/11 bomb blast?

Did those opposed to the building of the Mosque and the Cultural Centre chose to be born to the religion that they today profess?

What if one day you wake up and realise that the god of the persons you have been fighting is the real one?

America could be the country with the most diverse cultures in the whole world and I believe they should lead the way in accepting each other.

I believe I am more a Christian because I was born in a family that professes this faith. If I was born in a family that believed in African traditional religions, what makes you think that I would have been a Christian today?

For the sake of humanity, I believe we have to stay level-headed and not allow ourselves to be drawn into religious wars.

And I am not in any way trying to justify terrorism. I believe that terrorists are more of criminals that religious people.

Just as much as there are Muslim criminals, there are Christian/Hindu/Atheist criminals.

Bashir: Kenya was at no fault

I remain a supporter of international criminal justice but all this talk about Kenya supporting the impunity of Al Bashir is unwarranted.

It is true that Al Bashir did not do enough to stop the atrocities that happened in Darfur. It is also true that Kenya as a signatory of the ICC was obligated to arrest him in respect of the Rome Statutes

However, in the same line, Kenya has the responsibility of respecting AU decisions and fostering peace, unity and stability in the region nad continent.

Africa has already expressed displeasure on the ICC handling of the Darfur situation. So even before the UN security council considers the ICC notice that Al Bashir was in Kenya, it should address the issues raised by the AU on the Darfur matter.

Kenya remains a sovereign state and has the right to have whoever it wants on its soil without bending to the demands of the international community.

Those demonising the Kenyan government should consider Al Bashir’s presence in Kenya as a union to witness the opening of a new chapter in the country and the region.

More importantly, Kenya’s  successful promulgation of a new constitution offers great lessons to  Sudan as it heads to a referendum in January, 2011.

Kenyan interests in Sudan outweigh the perceived responsibility of the country to the international community.

Kenya has had the stability of Sudan close to its heart especially with peace efforts stretching back more than a decade.

What makes anyone think that Kenya is going to sabotage this by helping a poorly structures system called the ICC?

It is the obligation of the international community to restructure the ICC and ensure that it meets the necessary standards.

Let it have its own police to make arrests instead of putting countries that are working together at loggerheads.

Some have argued that Al Bashir must be punished. True. However, Sudan is going through a very important transition moment in its history and cannot be made to break because of one man.

The international community must focus on the Sudan people and not this one individual. The unity and prosperity of the Sudanese people outweigh putting Al Bashir in jail.

Countries such as the US led by Obama should not even lecture Kenya about this. Sign the Rome Statutes first and then we can talk about the issue.

The ICC is a noble idea yes but it cannot be used to divide a region just for the sake of justice to be seen to have been done.

Why Provincial Administration must be retained

Kenyans are been treated to one unfortunate circus in regards to the Provincial Administration in regards to the new constitution. Politics has taken the order of the day, yet this arm of the national government handles administrative matters.

True, room for abuse of this system is high but I believe that the county governments will act as a proper check in this front. The unfortunate thing is that the varied interpretations on the issue seem to be guided by interests that are neither beneficial to the country or Kenyans.

In my humble opinion, some of those who have brought forth arguments against the Provincial Administration seem unaware that Kenya remains a unitary state despite  introducing the devolved governments under the new law.

I also believe they are unfamiliar with the provisions of Chapter 11 especially parts 3,4,5 and 6.

Article 262 (17) in the Sixth Schedule clearly states that the national government should within 5 years, restructure the Provincial Administration in respect of the new devolved structures. It’s common sense that within means that this can even happen within a day of the enactment of the new constitution or we can wait till the last day.

Restructure is defined as to re-organise; to effect a fundamental change in a  system); to change the makeup, organization, or pattern. Nowhere, have I met restructure being defined as do away with or dissolve as has been suggested.

Definitions aside, the more important thing is that the new constitution, in the Fourth Schedule,  clearly separates the functions and powers of the national and county governments.

It is clear that the national government led by the president and cabinet will have a role of implementing some of its responsibilities to the lowest level of government. This for instance will include foreign policy, immigration and citizenship, courts, national defence, police services etc.

It will also have the responsibility of coming up with policies that touch on the very business of residents in the counties. For instance, veterinary policy, labour standards, education policy and standards, housing policy, health policy, agriculture policy etc.

The county governments on the other hand, will have the role of implementing some of these policies like crop and animal husbandry, plant and animal disease control, ambulance services, liquor licensing, markets, etc.

We must also not be blind to Article 186 (3) that clearly indicates that a function or power not assigned to the county either through the constitution or national legislation remains with the national government.

Also remember Article 187 (1-2) illustrate the transfer of functions and powers between two levels of government.

I will take a few examples to illustrate why the national government needs representation at the county level. The national government will have more or less a supervisory and monitoring role of national policies at the county government. It will only implement policies in a limited number of areas as illustrated earlier.

Education:

According to the new constitution, the national government has the responsibility of coming up with the country’s education policy, standards, curricula, examinations and granting charters – work that is under the ministry of education an arm of the central government. It is also in charge of universities, primary and secondary schools, special education schools and tertiary institutions.

The same law grants the responsibility of the pre-primary education, village polytechnics, home craft centres and childcare facilities to the county governments.

Immigration and Citizenship:

The constitution, gives this function and the corresponding powers to the national government. Just like today, you may need a signature from your chief for you to prove that you are indeed a citizen before getting your ID card. Since , Kenya is still a unitary country, county governments cannot be allowed to run a parallel system of issuance of ID cards or a parallel security system

Health:

The national government has the responsibility and power of coming up with the health policies and national referral health facilities. But it will be the role of the county governments to run health services in their respective areas.

It is thus clear that the national government needs representatives at the county level who will handle the listed responsibilities. Whatever name, it is given, the provincial administration is here to stay and is needed for the smooth running of the national government.

Any argument to the contrary must be guided by the text and spirit of the new law.  The restructuring must be guided by the provisions of the constitution and any other law that may be enacted for the purpose of the devolved governments.

Kenya: Why do we target the wrong goal post?

Kenyans are a weird lot who only seem to scratch the surface without wanting to go deeper.

We get excited on the wrong footing and make all the stupid rules as a way of trying to put our act together.

The announcement of the Hague 6 and the publication of new alcohol regulations go a long way to show how shallow we can be.

The two issues have pre-occupied us that we have even forgotten we have a constitution to implement, new boundaries row to solve, corruption to fight and more importantly seeking reconciliation for a country hanging on fragile peace.

We are totally pre-occupied with these never-ending debates while not focusing on the issues that can help us deal with the problems facing us.

After Ocampo made his announcement on December 15, there has been what I think is uncalled for excitement.

Politician are all over planning to fundraise for their own so that they can hire lawyers to battle it out with Ocampo.

On the other hand, the public is divide with some seeing Ocampo as the saviour and other rallying behind their so-called leaders.

I, just like the rest of you, do not know what evidence Ocampo has and the six are innocent until proven guilty.

But more importantly we seem to have forgotten that the eventual trial and jailing of the six if it will ever happen will not solve our problems.

For example, thousands of Kenyans will be spending their 3rd Christmas in camps. How does Ocampo help us with this?

When you turn to the Alcohol regulations, you wonder if the authors of the same actually live in a real world. By the way, it’s not wrong to control access of alcohol, actually its very good but I think we got it all wrong.

Who says when you limit alcohol selling time, you stop Kenyans from drinking themselves silly as they have done for years?

What limits me from stocking my fridge with the drinks of my choice and drink at any hour of the day?

What makes you think I cannot walk around town in a sippy cup with a great mix of my favourite drink?

Alcoholism is a moral, medical and social ill that you cannot control using laws.

There are those who spend a whole night in a bar and leave for home without an incident despite their intoxication. Others actually even know when to stop and go home and they don’t drive but take a cab.

Wait until after six month and KRA records the negative effect of the rules on the economy that we will realise we went wrong.

Social behaviours encompass more than one sector of the economy.

This will affect transport, food, employment and manufacturing sectors and deals a big blow to the establishment of a 24 hour economy that is envisaged in the Vision 2030.

Back to my point, we seem to be making mistakes in every step we take and we soon forget about the underlying issues that should be addressed.

In short, the ICC is not a solution but part of it and the Alcohol rules may be more retrogressive than we think.

Have a scratch beyond the surface day!

Uhuru, Ruto & 2012 Politics: Don't Rule Them Out Yet

I am finding it laughable when I read commentaries ruling out William Ruto and Uhuru Kenyatta from the 2012 presidential race just because they were named by Moreno Ocampo as potential suspects.

Note that they are not suspects until the judges issue summons sometime in March next year.

This is not to mean that they are not guilty but the rules of natural justice presume even those who kill in cold blood innocent until proven guilty.

Let us not forget that the judges may even dismiss the entire case against the six Kenyans.

And even when the judges issue summons, it is not over until they listen to them and decide whether they should stand trial.

In Ocampo’s own words, the trials on the Kenyan case should be expected in late 2012 or early 2013.

The point is that we cannot rule out the two neither can we rule out their influence on the 2012 elections. Not yet!

Remember the Constitution only bars convicted criminals from running for office and not those whose allegation against are yet to be proven.

Ruto and Uhuru may be on the dock, but until the allegations are proven, they remain a force to reckon with in this country politically.

One may argue that the fact the two influential politicians of the two of Kenya’s largest voting blocs have been mentioned may actually soil their credibility. Yes and No is what I think.

If the two are acquitted in March even before the trials start, the two will come out as key contenders of 2012.

They have managed to easily orchestrate a “it was not me and Ocampo is wrong” chorus that may be their next stepping stone after next year.

In the last 7 years, Ocampo is yet to successfully prosecute any of his cases with judges asking him now and again to give more evidence and clarify matter on his investigations.

Even with the Kenyan case, Ocampo was sent back early 2010 to give more information on his preliminary investigations before the judges authorised investigation.

And even after this, one of the judges dissented put aside propaganda being peddled that this was stage-managed.

Depending on how Uhuru and Ruto’s lawyers prepare themselves for the initial hearing, this will not be an easy case for Ocampo.

If I were potential opponents of the two like Raila Odinga and Kalonzo Musyoka, I would live my champagne on ice for now.

In conclusion, just because these politicians are in the dock, remember politicians are not self-made but a result of political machinery.

Forget Arab Protesters; Kenya Faces A Bigger Crisis

I have watched in amazement how Kenyans have concentrated on Tunisia and Egypt forgetting that our own country is messed up.

We are nearly halfway the first year of the implementation of the new Constitution but we don’t seem bothered that so much is yet to be done.

We need to wake up. And I don’t mean that we rush to the streets and start going at each other though due to our tribal nature I don’t think that can ever happen.

To begin with, we are staring at a Constitutional crisis if the messy nominations currently dogging us are not handled within the next 23 days. The position of the CJ must be filled by February 27 and all other new appointments must be made by August 27.

We are likely to be in another mess if we do not institute various reforms before the next 204 days. Some 34 new laws have to be passed before the 2012 elections with 16 of them supposed to be enacted by August 27 this year.

Twelve of these laws relate to the setting up of the County government structures, their relationship with the national government and their financing.

Other urgent laws are those relating to the Judiciary, National Security, the Electoral System and Representation, the Legislature (National Assembly and Senate) and Leadership and Integrity sections of the Constitution.

We refuse to form a local tribunal and yet it is a reality that Ocampo’s case could be thrown out even if we keep praying hard it goes through. My question has always been that even as we push for The Hague, who will handle the “small” perpetrators who are sitting pretty among the same people they pushed around?

What if the ICC judge kick out Ocampo’s case? Aren’t we likely to see the issue “die”? To me, the greatest loser in this will be the victims. A local tribunal meeting international stands will move faster than The Hague and victims may get justice faster.

Our politicians must wake up from the slumber and realise that they are sitting on a time bomb that may be hard to deal with when the clock stops.

We must stop, as Kenyans, living in the now and know that this country faces a major crisis that may bring it to a halt. I pray that we don’t destabilise the peace we are enjoying.

I choose to stop there because I need to reflect on what part I am playing!

Ocampo 6: Some Facts That Remain Hidden

When ICC judges ruled against an application by William Ruto, a lot of  us got it all wrong as the media interpreted it as a rejection. But a keen eye could have seen that the ruling was an indication of the lengthy process that awaits the Ocampo six and the entire country.

The judges said that as one of those under investigations, the Eldoret North MP did not qualify to make such an application. Their ruling said, among other things; “The only communication envisaged at this stage is conducted between the Pre-Trial Chamber and the Prosecutor.”

The Pre‐Trial Chamber judges could reject Mr Moreno-Ocampo’s request to issue summonses to appear, approve it or transform it into an arrest warrant. In assessing the prosecutor’s request, ICC judges may also request more evidence or clarification from the prosecutor.

If the evidence submitted is insufficient, ICC judges will decline to issue either a warrant or a summons. The prosecutor has the right to re-apply if he submits new evidence.

Summonses will be issued if judges are satisfied that a suspect will appear voluntarily. If that is not the case, the court will issue arrest warrants.

If the chamber agrees with the request, the six individuals identified will go to The Hague to make their initial appearance before the judges.

After an initial hearing, a confirmation of charges hearing takes place. This is the stage where the judges review the evidence and decide whether it is enough to proceed to trial.

The six individuals can be represented by their lawyers and present their side of the story. Within a reasonable time before the hearing, the persons named are to be provided with a copy of the document containing the charges and be informed of the evidence on which the Prosecutor intends to rely at the hearing.

Before the hearing, the Prosecutor may continue the investigation and may amend or withdraw any charges but has to inform the named individuals. This explains the reason why Ocampo has been asking for exonerating evidence from some of the six individuals and seeking statements from security chiefs.

At the hearing, those on the prosecutor’s list may object to the charges, challenge the evidence presented by the Prosecutor; and also present their own evidence. The judges will then make their decision. They can confirm the charges and send the case to trial or amend or reject the charges.

According to ICC procedures, there is no time-limit within which ICC judges must decide on the prosecutor’s request for the six summonses. So even the March 2011 date that we have been talking about was just picked from Ocampo’s statement when he came to Kenya in December.

And just like he said that he expects the charges, if the judges issue the summonses, may be confirmed in late 2012 or early 2013.

It is therefore even laughable that people still refer to the Ocampo six as suspects while they have not even been interdicted. Just the same way it is ridiculous to demand that they leave public office and they have not even been charged.

And still you cannot block them from running from public office. The Constitution only bars someone who has been convicted from serving a prison term.

So there you go, something about the ICC that you may never see anywhere in the mainstream media.

2012: Will Kenya get a youthful or woman president?

I have come to learn that statistics are a good and bad thing and even as much as we choose to ignore them for other factors, numbers never lie.

As we approach the next election in Kenya, the numbers paint different scenarios that have left me wondering if they can change the political game in the country.

The big question is whether Kenya is ready and can actually use the numbers to change the country’s political future. The youthful population has the numbers to have a young generation of leaders and so do the women.

Last year, I looked at the new population numbers and discovered that almost six million Kenyans who were too young to vote in 2007 will have attained the voting age of 18 years by the next General Election. These are persons who were between 13 and 17 years old during the last elections. Today, they are between 16 and 20.

The gender population indicates there are 19,192,458 male and 19,417,639 females showing women are slightly more than men by 225,181. Of voting age the 38.61 million people in Kenya, 24.5 million are below 25 years. There are 16-year-olds looking forward to becoming adults of voting age by 2012 are 856,398.

After the 2010 voter registration, the numbers show that 51.25% of the 12 million Kenyans registered are male and 48.75% are female. Going by the population numbers t means that a lesser number of women are registered as voters.

According to the new Constitution, to be elected president requires receiving 50 per cent plus one of the votes cast in an election, and 25 per cent of the vote in half of the 47 counties. If no one meets this threshold, the two best performers will go to a runoff.

The latest polls show that Kenya would go for a presidential run-off if an election were to be held today

However, ethnicity and religious factors always stand in the way of unity among the youth and women, dividing them during elections.

Going back to 2002, Uhuru Kenyatta who, though a youthful candidate compared to the then leader of Official Opposition Mwai Kibaki, failed to galvanise the young generation to vote for him.

Going by the numbers, in 2012, the youth have a chance of placing a younger person in State House. Women too have their chance though their numerical strength has yet to make any impact in the country’s political history.

But even the latest opinion polls paint a different picture. For instant the most popular potential candidate, Raila Odinga, will be 67 in 2012 and is expected to vie for the presidency for the third time.

The second most popular according to the polls is Uhuru will be 51 in 2012. The Deputy Prime Minister is the expected heir apparent to Kibaki in Central Kenya when the Head of State retires in 2012.

The only female politician who has actively declared interest in the presidency is Martha Karua who will be 55 in 2012. Karua has been trailing Raila and Uhuru in most of the opinion polls begging the question if women can really place their votes in one basket.

William Ruto who will be 46 in 2012 and Eugene Wamalwa (mid 40s) are the youngest politicians who have declared interest in the presidency.

Kalonzo Musyoka will be 59 and is expected to take a second stab at the highest political office in the land in 2012 after finishing third after Raila and Kibaki in 2007.

Musalia Mudavadi, who will be 52 in 2012, was Mr Odinga’s running mate in the 2007 elections but s highly expected to go it alone this time round. One of the longest-serving vice-president George Saitoti will be 67 years in 2012.

2012: Can Kenya Get a President Outside the Current Political Class?

Just like many other Kenyans, I am tired of continuous push and pull between politicians today. I am tired of hearing the same names that have destroyed this country and divided it socially, politically and on tribal lines.

The next general election is just around the corner and Kenya will have a new President since Kibaki cannot pull a Museveni on us. But what alternative do we have from Raila, Uhuru, Ruto, Karua, Kenneth, Balala, Mudavadi etc?

Look at for instance the shameless war of words between Raila and Uhuru… both of whom have been in government for years to end. What value have they added? Can they drive Kenya to the next level or are they interested in just protecting their wealth or have Kenyans help them massage their ego?

Must it be any of these individuals? From two debates on my Facebook Wall ( one and two) just before I posted this, I am convinced Kenyans are ready for alternative leadership as we head into the next era.

Can Kenyans look beyond these individuals who spend their time making noise than working? Is it possible that we can look beyond our tribes and get someone who can represent the interests of all Kenyans? Are we ready to give people who have been tested managing small institutions to take this country into the next level?

Or are we going to give it to the same individuals whose only language is that “we need our man here and there”? Are we stuck with individuals who cannot mange small entities such as political parties?

On Sunday, I watched part of Museveni’s interview with Jeff Koinange on K24 and found myself agreeing with most of what he was saying about Kenya. I also read Ole Kiyapi’s story in the Sunday Nation and wondered why all these individuals with great potential have been.

From the two items, I realised that we as Kenyans are our own greatest enemies. We refuse, and through the help of the media, to look beyond these noisemakers that have been part of our political and social-economic ruin. We refuse to recognise senior civil servants, parastatal heads, CEOs in private companies who have worked had to make sure that the country continues to prosper.

As we enter the last 8 years to the achievement of Vision 2030, then  may be we do not need a politician to manage the next two government cycles.

Look at people like Ole Kiyapi (Education PS – previously at Environment and Medical Services), Bitange Ndemo (Information PS), Jonathan Ciano of Uchumi, Julius Kipngetich of KWS, Titus Naikuni of KQ, Vimal Shah of Bidco, Mugo Kibati of Vision 2030, Adema Sangale of Procter & Gamble, Betty Maina of Kenya Association of Manufacturers… the list is endless.

These are individuals who I believe have proved themselves without making noise about it. Our current leadership cannot even get down to conduct the simple job of implementing the new constitution without dividing the country along political and ethnic lines.

Is it possible that outside the current political class including the current Parliament, there lies the hero that Kenya needs?

I may not have answers to these many questions but I believe that this is a debate that Kenyans must take up.

Thank the Transition Clauses for Your Existence

Our politicians never cease to amaze me. I think they are the most ignorant bunch of Kenyans that we have presently. Watching them on TV last night and reading the papers today left me wondering whether they even deserve to be making our laws.

For instance one of them confidently states that Francis Muthaura is part of the Public Service Commission and that is the reason why it should be reconstituted. Leaves you wondering if the guy is even aware of what he is debating about.

I have watched the debate on the Public Service Commission initiated by the Prime Minister with amazement. If the New Constitution required that we reconstitute everything, it would have, in the transition clauses, expressly stated so as it did for the Judicial Service Commission, the State Law Office and the Budget Office.

I am tempted to believe Mr Odinga’s statement was more political and not based on any fact or legal basis. Why wasn’t the demand made when the PSC was recruiting members to the Commission on the Implementation of the Constitution and the Commission on Revenue Allocation.

We all know what reconstituting the PSC means under the Grand Coalition. It means sharing out the PSC positions between ODM and PNU.

It should be instructive to politicians that they are holding on to their offices by the virtue of the transition clauses. It protects them from ouster before the end of their terms based on the provisions of the new law.

Article 31(1) of the Sixth Schedule states: “Unless this Schedule provides otherwise, a person who immediately before the effective date, held or was acting in an office established by the former Constitution shall on the effective date continue to hold or act in that office under this Constitution for the unexpired period, if any, of the term of the person.”

It’s therefore ridiculous for anyone to demand that someone leaves a Constitutional office yet they enjoy the same protection. It would be ridiculous for us to imagine that we can dismantle a whole government in the quest for change.

How many MPs including the PM and the President would retain their positions if we were to immediately enact the provisions of Chapter Six on Leadership and Integrity?

Politicians should stop behaving like they are better placed to tell other when they can be in office or what office they can hold when it suits them.

The current Commission members were appointed in line with Section 106 of the old Constitution by the President and enjoy security of tenure. They are to serve for a term of 3 years but the law is silent on whether their terms are renewable.

The PSC chairman was appointed in July 2005 and his term extended in 2008. His term will therefore come to an end in July this year. So why is anyone in a hurry to stop the PSC from doing its job just because they want specific people appointed in some positions.

We all know what reconstituting the PSC means under the Grand Coalition. It means sharing out the PSC positions between ODM and PNU.

Kibaki vs Raila: Who is Fooling Who?

I have been holding on to this piece for 2 days due unforeseen circumstances including intimidation from certain political quarters. Well, I have decided to say what I wanted to say and disregard those who think I don’t have a free mind and the freedom to speak my mind.

Anyway, I have come to learn that political statements must be taken with a pinch of salt. And this is what I did as I listened to Kibaki’s statement under the hot sun on the steps of KICC. I did the same as I listened to the Raila’s recast statement like an hour later.

Kibaki through the help of the PNU and ODM rebel MPs told Raila on his face that consultations would only be on the replacement of the Attorney General.

It was also not mere coincidence that 125 or so MPs including senior members of ODM like Kosgey, Ruto and Balala were at the President’s press conference. To me it was a show of might on at least two fronts.

One, that the names sent to Kibaki by the JSC will sail through the house. And two, that the group has enough numbers to kick Raila out of the PM’s seat in a motion of no confidence in Parliament. It is also not lost to observers that it was Ruto who brought forward the proposal that the process could restarted and Raila sidestepped.

The Kibaki press conference ensured that Raila had to push his, which was on everyone’s lips the entire day, for almost an hour and also edit his speech which would have escalated the row to new heights. Raila made it clear that even if Kibaki had dropped his earlier stance, he still did not trust him.

The reason being that he wants the Public Service Commission reconstituted – a notion that I have dismissed elsewhere on this site. Raila had listened to the words of the President more carefully than most other people and had realised that he had been played a good one.

In the President’s statement, it was curious to note that he omitted any mention of consultations between him and the Prime Minister in the appointment of the Chief Justice, Director of Public Prosecution and Controller of Budget.

Instead, Kibaki threw the process to the Judicial Service Commission and the Public Service Commission. It was then not surprising that Raila appeared to cry foul by indicating that the PSC had not been reconstituted.

But that could not be a problem to Kibaki and his soldiers. They still have 6 months to reconstitute the PSC and have the appointments of DPP and CoB made by August 27.

The President can easily invoke Article 166, which Raila and his allies has been pushing and skip the consultation process. And even if he decides to consult as envisaged in Article 292 (24), he may send the list to Parliament without concurrence.

All in all politics is about perception and a game of numbers. It would appear damaging, politically, for Raila to cry foul for a second time and deny having been consulted. Then again, the JSC may send only Kibaki friendly proposals, which Raila may have to accept since the JSC is supposed to be “independent”.

Politics is a dirty game and things are just getting murkier!

CDF: Are our priorities right?

Last evening, my friends and I had a lengthy discussion that was examining the problems facing this country and who was to blame. And the conclusion was that Kenyans and their leaders must share the blame for all that is happening in the country – famine, violence, infrastructure, education, crime etc

A man seated on the next table alone was following the discussion and called me to his table and posed a question. “With all these problems that are  facing various part of the country, have we taken our leaders to task to explain what they are doing with CDF?” he asked me.

And this made me ask myself, if as Kenyans we are ever bothered about how our CDF is used and what the priorities are. Have we even ever bothered to find out how much has been allocated to our area and what projects have been initiated? Do we even know that we can actually monitor progress on CDF projects?

I decided to sample a few Constituencies in areas that are currently facing famine and are also faced with low education standards and such. I find it interesting that between 2003 and now some of these areas have had less than 100 projects initiated and completed though the use of CDF.

Also noted is that there is a high emphasis on education than any other sectors. This is despite some of the areas having been successfully tested for other activities such as agriculture. In my opinion, water projects are also at a minimum, in these areas, despite this being one of the greatest needs.

I am also concerned by the fact that there are not many agriculture projects especially to do with livestock in these areas despite them being occupied by mostly pastoralists.

A take few examples but I am not in any way saying that the projects should not be in place. I just want us to examine them together and help answer the question if our priorities are on the right track.

Of the 188 CDF projects in Mandera Central since 2003, 70 have been in education, 22 in water, 19 in health, 1 in security, 1 in agriculture and 5 categorised as others. Things are similar in Wajir South where out of 187, education takes up 88,  health 24, water 57, roads/bridges 6,  agriculture 0,  Security  2 and others 10.

Of the 97 projects in Fafi, 43 are in education, 18 in water, 9 in health, 13 in roads/bridges, 4 in agriculture, 7 in security and 3 in others.

In the seven years, all the 5 agriculture projects in Mbooni have been on the construction of cattle dips. Only two of the 18 water projects – construction of dams and sinking of boreholes – in the constituency have been completed.

But this is not to say that some CDF committees aren’t working one proper priorities. In Turkana Central, CDF has been used to initiate 30 irrigation projects, 20 of which have been completed. The question here is if there is any produce from the projects and why the area residents still depend on food aid.

We know that CDF has been used for purposes such as building public toilets in other areas and especially in Nairobi. The question I keep asking myself is if these are really the priorities for the people who should be served by these funds.

Help me answer this question?

I Failed You – State House Occupant

Fellow Kenyans, I am the current occupant of State House. And I am to blame for the circus surrounding the Ocampo six as before August 4, 2010, I had the capacity and capability to ensure that the country protected its sovereignty.

If I had acted, the issue of post-election violence, which has made us forget that there is a Constitution to implement, millions to feed and forms to enact, would have been a thing of the past.

Fellow Kenyans, with the strength of the old Constitution, I would have ensured that I establish a division of the High Court to deal with the post-election violence after Parliament rejected the formation of a Special Tribunal.

It is unfortunate that right now you have taken away these powers from me or whoever takes over after me. If I would have done this, then or even now, you would have accused me of perpetuating impunity.

Alternatively, I would have sought the help of the United Nations and my friends in the international community to establish an acceptable tribunal through which we could have tried people who we think are responsible for the death of over 1,000 Kenyans.

Fellow Kenyans, we are now, as a country forced to go the long route of trying to stop the cases through the UN Security Council and directly with the Pre-Trial Chamber. However, not all is lost but it is unfortunate that we may be forced to go through a process as if we are a failed state.

Fellow Kenyan, it is however not entirely my fault though. Some of you blocked my appointments that would have ensured that we are seen to be having a new judiciary and protect the sons of this great country from being tried by foreigners.

We have embarked on invoking Article 19 of the Rome Statutes that allows us to challenge the admissibility of the cases before the ICC. However, it is not lost to us that we can only be successful if we have in place investigations and prosecutions of the Ocampo six on the same charges brought on them by the wazungus.

Fellow Kenyans, It is for this reason that I have decided kuwaashisha kazi Uhuru, Muthaura and Ali. Soon, together with the other three suspects will be required to either surrender to the CID or I will order their arrest where they will record statements.

I will then expect the Attorney General to move with speed and arraign them in court. If they are remanded, do not worry. I have ensured that they will get the VIP treatment that they could have enjoyed at The Hague by renting two adjacent palatial homes in Kitusuru where they will be held.

Fellow Kenyan, I expect the judges to move with speed and handle these cases in a manner that appears to show the international community that we are actually doing something. We will then move to the ICC and ask them to drop the cases before them because we are in control.

I have to prove that I am my own man and will therefore run the Ministry of Finance and ensure that more funds are allocated to the resettlement of IDPs.

Fellow Kenyans, again I apologise for not taking these critical steps before. But it is you who told me you don’t have the confidence in our Judiciary.

However, I am confident that we will pill through this as a united people.

Ahsanteni sana. Thank you. Thank you very much indeed.

Is Ocampo In Fear Of Losing?

I have never been a fan of ICC Prosecutor Luis Moreno-Ocampo since he started meddling with Kenya. I think Ocampo is one of those prosecutors who plays to the public gallery and just likes picking up things to try save his already dented CV.

Before I give my discourse on why I think he is in fear of losing the Kenyan case, let me tell you why I think Ocampo is like any other politicians.

As his nine-year term comes to an end next year, Ocampo is yet to conclude any of the cases that he had undertaken. He is a prosecutor who first promises the public then acts. Look at the Kenyan case for example.

In the midst of the Kenyan violence, Ocampo had already announced that he is watching Kenya and would move in if nothing is done.

The guy is sharp and knew that he could take advantage of the rotten criminal-justice system to make a kill and may be have something to write home about when he leaves office in 2012.

And the Waki Commission fell into this trap and recommended that if nothing is done in a certain period, the case be sent to the ICC. What Waki and Co did not put in mind was that the one loophole they overlooked would be Ocampo’s main pedestal.

Soon Ocampo was announcing that he was going before the judges and even before investigating, he had already promised that he would go present two cases each involving two to six individual. This was later to reduce to six who we now refer to as the Ocampo Six.

And since he had promised two cases, he had to put this six people into two groups to represent both sides of the political divide. Yet he had publicly declared that ICC deals with individual criminal responsibility and not political responsibility.

The first ever public contradiction that I remember Ocampo making was at Serena when he addressed the media after a three day stay in Kenya less than a month after he was allowed to launch investigations. He said that there were no investigators in Kenya as yet but when I asked him how he had arrived at the cases and how the investigations had been conducted, he casually replied; “there are things called planes”.

So for me Ocampo had launched investigations even before the judges had allowed him to do so. Without knowing the complexity of the cases, Ocampo went ahead to say that he would in mid-December 2010 name the key suspect. And he lived up to the promise.

While everyone appeared blind to these on-goings and Ocampo’s claim of investigations, the dissenting opinion of Judge Kaul sold him out. The judge even said that Ocampo had not done any investigations as he had in his application for summons presented the same material (NGO reports and paper clippings) that he presented when he applied to launch an investigation.

And even the other two had a problem with the evidence presented, if you read the rulings carefully. This was the reason that when he categorised forced circumcision and sexual abuse, the judges said that these are inhumane acts.

Ocampo could not even prove to the judges that the police were involved in the killing of people through shooting and allowed Mungiki to roam freely and commit crimes. He couldn’t even convince judges to allow him to appeal the decision.

And this brings me to my point.

Two days before Uhuru, Muthaura and Ali appear before the court, Ocampo has applied for new conditions including one that I believe infringes on the freedom of speech of the two. Unlike in the past when he has made applications that touch on all the six suspects, Ocampo has this time only focused more on the three.

I believe the reason is that after the judges made his case against the three weaker, Ocampo needs new strategies to fix the three. Just like how he forced Uhuru and Muthaura to abandon their duties in the witness protection and security dockets, he has struck again.

It makes you wonder why it took him three months to realize that the two could interfere with investigations and witnesses.

And that’s why I believe that Ocampo is afraid that his plan may not work after all. He is fearful that three of his six fishes may break the net and have a field day against his team.

Come On, Its Just A Stud!

Once again I am forced to write on how peculiar Kenyans are and can be though this time I think this society has turned shallow.  And this time round its because of a personal ornament on someone who is expected to join the ranks of the top Kenyans in coming days.

From politicians to the media to Christian leaders to ordinary Kenyans, the stud on Chief Justice nominee Dr Willy Mutunga’s ear appear more important than whether he can actually perform his duties and especially reforming the Judiciary.

I am especially disappointed the media, I included, has made it an agenda.

Personally, Dr Mutunga was not my best candidate but I have come to embrace the reality that may be this is the best we could get for now. I am also not blind to the comments, “I wear my earring not because of my sexuality but spirituality” attributed to the gentleman.

Clearly, even if you have a problem with Dr Mutunga’s spirituality, you cannot deny him the job unless you challenge the process that led to his appointment. Article 27(4) says; ” The State Shall not discriminate directly or indirectly against any person on any grounds, including race, sex, pregnancy, marital status, health status, ethnic or social origin, colour, age, disability, religion, conscience, belief, culture, dress, language or birth.”

I don’t give a dime whether Dr Mutunga communicates to his ancestors through his stud – to me that’s a lot of crap. Actually, I don’t care what belief  one decides to carry because there is some work that needs to be done and someone has to do it.

I have personally worn a stud for 10 years now and I have never seen it affect my functionality whether socially or professionally.

However, unlike Dr Mutunga mine is neither sexual or spiritual. But I also try to keep it way to avoid been offensive to those who have a problem with men wearing studs and this I expect of our new CJ when he take up office.

I would expect educated individuals like William Ruto and Canon Karanja to be above such an issue. For instance, should I start questioning why Ruto wears a cap with a Kenyan flag when he goes for political rallies to the extent that all those who escorted him to The Hague had one?

I would pay more attention if they said that Dr Mutunga did not have the experience of the corridors of justice and they doubt if he would make a good CJ.

I would expect them to use his opinions as expressed in his writing where he pens off as Cabral Pinto to gauge whether is sober-minded enough to be in charge of the country’s justice system. They can look at his work as a political activist and see whether this is a plus or a liability to his operations to as the CJ.

I believe Kenya is at a point where it must move on and we have a lot to do before we change leadership in this country in 2012 and we must do it now. We cannot continue entertaining sideshows and expect that we will be able to push this country to the next level.

DPP: For Now, Tobiko is the Best Option

I have a lot to write motivated by the ongoing Parliamentary vetting of the Judiciary and State Law Office nominees especially on the issue of morality vs professionalism. But let me first deal with, specifically, opposition against Keriako Tobiko taking up the position of Director of Public Prosecutions.

Since the establishment of the position of the Director of Public Prosecutions in 1996, holders of the office have received praise and criticism on an almost equal measure. Tobiko has not been spared these jabs but in my opinion, the problem was more the law governing the State Law Office and its structure.

And as the country is awaiting the appointment of a new DPP in line with the new Constitution, some Kenyans appear blind to the fact that the office of the DPP then and now is different.

The DPP falls under the executive and is the only office in this arm of government that enjoys security of tenure. Unlike before August 27, 2010, the DPP is now an independent office and can longer be viewed as an “assistant” to the Attorney General.

Things will be different for the incoming DPP and a person with relatively fresh experience of the reforms at the State Law Office stands a better chance of doing a good job. It is therefore not surprising that due to the importance of this office, the interview panel selected insiders as the top three candidates.

Tobiko has had a relatively quieter tenure than his predecessors but has also been one of the  faces of the changes that are ongoing in the State Law Office. This is despite the differences between him and the Kenya Anti-Corruption Commission over prosecutions.

While Ringera faulted Tobiko’s office for being too slow, Tobiko viewed the graft body as having failed to properly execute its mandate and being vulnerable to political manipulation. A position which I personally support.

Did you know that by mid-2006 Tobiko was increasingly sidelined, with high-profile cases such as the Anglo Leasing and Goldenberg scams being transferred to other desks in the AG’s office? And this can be blamed on the law which crippled the office of the DPP by putting it under the AG.

A lot of changes have gone on in the State Law Office and it was not surprising that the interview panel gave Tobiko a score of 87 as compared to 66 and 62 for the other top two candidates who are his juniors.

Previous DPPs have also had a rough time in the time in office and mostly due to what I mentioned earlier – poor structure and law governing the State law Office.  The Constitution has changed all this now.

Some of the achievements in the State Law Office with Tobiko as DPP include:

1. The development and gazettment of a legislative instrument and protocol for the testing and destruction of the 1.2 tonne cocaine haul (2006);
2.  The setting up and operationalization of the National Crime Research Centre (NCRC) (2007-2008);
3. The establishment of the Multi-sectoral Task Force on the National Policy for the Operationalization of the Sexual Offences Act (2006-2007);
4.  The establishment, setting up and operationalization of the Witness Protection Unit/Programme/Agency (2006-2008);
5. The establishment and operationalization of the Anti-Piracy Unit (APU), (2008)
6. Initiation and preparation of crucial  legislative Bills, namely; The “Plea Bargaining Act” (2008); The Mutual Legal Assistance Bill (2008); The Organized Crimes Bill, (2009); Amendments to the Witness Protection & the Sexual Offences Acts, (2007-2008); The Transfer of Prisoners Bill (2010-2011).
7. The establishment in the Department of a Unit on Cooperation with the International Crimes Court (ICC)

Is There Really a True Religion?

The vetting of Chief Justice nominee Willy Mutunga by Parliament brought to the life the old age question of whether there is a really true religion. And even more whether the religious culture one chooses to follow should be an issue in a nation like Kenya that is majority Christian.

I will start by confessing that despite being born a Christian, I have not been to church in like more than six years despite in the line of duty. My reasons are many starting with “immoral” clergy and their followers, the fact that I did not choose to be born a Christian and because I always ask if it is really the true religion among others.

I am also of the opinion that humanity is in the search for the true religion and one chooses that which they feel satisfies their urges – just like how one can choose to take a Tusker than a Guiness religiously. Why else would one religion like Christianity have so many denominations that always appear more confused to each other?

I wonder what would happen if Christians, Muslims, Hindus etc woke up one day to realise that whatever god they have been worshiping is the true god. What would happen to their beliefs that they have held for years after being born in a family that followed a specific religion?

Having studied a little religion in Christian university, which was a requirement, I was left more confused than enlightened on the true religion and even more whether I was following the true one.  We studied the Old Testament, the New Testament, Bible Doctrine, African Traditional Religions and Christianity and Islam in Africa.

The literature used to support most of the religion even adds to more confusion. What if the authors were very good fiction writers who were just being creative?

Life after death. Isn’t this contradicting in itself? How are we sure that there exist a heaven and a hell other than the stories that have been told to us?

The introduction of Christianity to the African society also gets me thinking. Were our ancestors wrong to carry out their religions in the manner they did before the white man came with the bible?

This argument will go on for ages but the question of whether there is really a true religion will continue for ages to come? I therefore chose to be human and do good to myself and to other when I can and make life more comfortable for myself and other human beings at all time.

Further, I think that the only certain thing in life is death and your body decays if buried and so you can as well throw mine into a forest or the sea like Osama.

Lets continue searching and when you find the true religion, please let me know.

Someone Tell Kanjo That A Hawker Is A Hawker Despite The Wares

So last night as my pal (Chachko) and I walked to Railways to pick a mat home, we saw a Nairobi City Council vehicle pull up somewhere along Harambee Avenue. A man and two women jumped out and pointed the driver towards Moi Avenue.
They appeared to be aware where their target – A group of women selling good stuffs outside Tuskys Pioneer.
They dint seem to be in luck as the women spotted them early enough to collect most of their wares and run off. Some carrying babies on their backs.
But while the women ran off, a group of young men was still comfortably selling women shoes a few metres away.
We all know that hawking within the CBD is illegal. So why did the NCC officers target the women and leave the young men?
As we concluded with my pal, it boils down to how much bribe you can pay to these guys. Its no secret that hawkers who sell clothing stuff and shoes are rarely harassed by Kanjo.
It can take a pair or two of shoes to get a good bribe and have more time to sell many more pairs. But how much carrots, peas or onions do the running women need to match that bribe?
We know that Kanjo has a role to clean up city streets off hawkers though they really come to our rescue at times when we need something fast and cheaply. However, they should not be allowed to harass some while others enjoy the freedom.

Without Ocampo’s Evidence, Kenya is Groping in the Dark

The latest from The Hague is that Kenya through its British lawyers has 1. filed an updated report of the investigations against the Ocampo Six and 2. appealed against a decision denying it access to evidence held by Prosecutor Ocampo.

The energy by which the government is seeking Ocampo’s evidence can be only be summed as an act of desperation. It’s like a fat cat that is desperately trying to save its kittens from a burning building.

Having followed the ICC process since it took over from the Waki Commission and reading though the different documents by the government to the Appeals Chamber, one senses that Kenyan authorities have been hitting a dead-end at every turn. In the end, it points at a government that never cared about what had happened during the chaos or even worse who was responsible.

The CID has even admitted in the latest report that they cannot trace 5 people who recorded statements with their offices in Rift Valley in June 2008 in which they allege that William Ruto attended meeting where discussions revolved around arming perpetrators. They have even concluded that the 5 could be among Kenyans that have been flown out of the country by Ocampo as his witnesses.

What is even more amazing is that even if Ocampo has taken away potential witnesses, the CID cannot get anyone to corroborate the statements received by their officer three years ago. And this is the reason that the government wont rest until it gets its hands on the evidence that Ocampo holds against the six suspects.

I am among those who believe that Kenya has the right to try its own citizens and thus the right to ask ICC to have the cases refered back home. It’s actually the political nature of ICC as has been evidenced by the US (which is not even a signatory to the Rome Statute but a financier) dictating to Kenya on what to do with Bashir that makes me have little faith in the court.

But that not withstanding, the latest report by the CID which has taken close to two months to produce points to an authority that is either incompetent or one that is unwilling to get to the bottom of the matter. The CID is trying to convince everyone that the Ocampo Six would have been mentioned in police occurrence Books on incidents recorded during the chaos.

The report even alleges that a review of newspaper, radio and TV clippings run before and during the violence do not link any of the suspects to “incitement, instigation or planning”. I think this is an insult to the intelligence of millions of Kenyans and even the ICC.

To insult the intelligence of the ICC judges further, the CID reports that they are seeking to review the Waki and KNCHR reports in order to draw out any evidence that may link the Ocampo Six to the violence. The two reports are three years old and its amazing that the investigative arm of a government is reviewing them now.

The bottom line is that Kenyan authorities failed to act early and well enough to gather the evidence before Ocampo did. All the evidence and witnesses that could have aided local trials may now be with The Hague and, just maybe, Kenya getting its hands on them may be another mirage.

2012: Kenya Cannot Risk Another Poorly Managed Election

Kenya is now focused on the establishment of a new electoral body after the President assented to the Independent Electoral and Boundaries Commission Act. Despite the latest move and with the 2012 elections fast approaching, it’s not yet celebration time for Kenya as two other key laws are yet to be enacted.

The new electoral body will remain toothless and ineffective without the Elections Act and Political Parties Act.And from the onset, let me say that its my belief that it does not matter who is in charge as long as we have watertight systems that govern their conduct.

Kenya cannot risk another poorly managed election. IEBC Act is nothing without the Elections and the Political Parties Laws

The Elections Act is key to the registration of voters, conduct and management nominations and elections including referendums, recalling of MPs, electoral offences and electoral dispute resolution. The Political Parties Act will stipulate how parties are formed, managed, their conduct, their funding and dispute resolution.

The importance of the two laws cannot be ignored in the light of the bungled 2007 and the upcoming 2012 elections that introduce new dynamics following the introduction of devolved government. In 2007, the entire electoral process was poorly managed leading to a dispute that was left unresolved until chaos engulfed the country.

Unless elections are properly conducted and managed, Kenya still lies in the danger of heading back to the chaos that were witnessed after the 2007 elections and that remain unresolved to date. A new electoral body will definitely be welcome but it cannot run on old practices and legal frameworks.

But constitutional bodies responsible for the enactment of the two laws seem least concerned about the two laws. The CIC is still consulting stakeholders on the Elections Bill which has been in the public domain since 2009 while the Cabinet is yet to approve the Political Parties Bill for publication.

Next year is six months away, elections are 12 months away (if they are to be held in August as per the Constitution) and politicians have already hit the ground for their campaigns. The two laws are needed as soon as yesterday failure to which we may find ourselves fighting another political fire ignited by a confused system that we have previously operated on.

The Cabinet and CIC must therefore rise to the occasion and ensure that these two bills are enacted at the earliest opportune time. Kenya cannot risk another poorly managed election.

MPs Should Use Article 261(2) And Give Kenya Water-Tight Laws

It would be naive to assume that the future of this country doe not now lie in the hands of 222 individuals as the country heads into the last month before the first anniversary of the new Constitution. And pressed of time to beat set deadlines, Kenya may end up with bogus laws that may water down the benefits of the Constitution promulgated in August last year.

Parliament has the option of using the transition clauses in the Constitution and extend the enactment of some of the bills by another 12 months instead of hurriedly enacting laws that will contain major flaws. Given the time remaining to pass over 15 bills, MPs have better save things country from the hands of “reformists” who may rush to the courts and eventually force the country into an early election.

According to Article 261 of the Constitution, if Parliament fails to pass a law within the stipulated timeline, a citizen may petition the High Court to order Parliament to ensure the required law is enacted. If Parliament fails to heed the High Court’s orders, the Chief Justice shall ask the President to dissolve it immediately.

As argued earlier Kenya cannot afford to bungle another election given that the country is yet to resolve the aftermath of the 2007 elections that led to the death of over one thousand people and displacement of hundred of thousands others some of whom are still stuck in camps.

Through past experience, Kenyans are witnesses to situations where Parliament has hurriedly passed crucial bills that have required amendments immediately they have been enacted. Everyone recalls the passing of the National Accord and Reconciliation Act which failed to define clearly the structures of government leading to wrangles within the coalition government for months.

Another reason is that in its 3 and a half years of existence, the 10th Parliament has passed less than 40 bills and it only a miracle, in my opinion, can help them clear out the current intray. Many at times, Parliament has been forced to adjourn early due to lack of business or lack of quorum.

There are key legislations that must be enacted before Kenya goes to the polls in 2012 and I do not see the danger of us pushing the deadlines to August 2012 and ensure that these laws are watertight. Key among them are those to deal with elections, leadership and devolution.

For instance, there is still no law on dual citizenship and yet the Constitution guarantees the participation of every Kenyan in an election. There is no law guiding how Kenyans in the diaspora can register as voters and how they will be able to vote in the next election.

There is no law on how elections shall ensure that marginalized groups that include women, youth, persons with disabilities and marginalized communities are ably represented in Parliament.

We have no laws on the establishment, administration and governance of the County governments even if the Constitution allows the Central government to manage them until they are formed. There is even no talk on the enactment of a law on the vetting of those who want to seek leadership position as per Chapter Six of the Constitution

My point is that Kenyans cannot fully trust these MPs to deliver proper laws within the short period they have and the safest route is to extend the deadlines.

2012: Will It be Jomo’s or Jaramogi’s son?

If opinion poll predictions are to be believed then it appears Kenya is likely to see a run off between the sons of Kenya’s first president and his deputy. The trend appears to show that while the son of Jomo, Uhuru, is gaining popularity, the son of Jaramogi, Raila, who still leads the pack, appears to be losing ground though another poll had previously shown that the latter would beat his opponent at a run off.

One may argue that this is a new Kenya and the likes of Kiyiapi and Mutava may change the political maths but this is very unlikely given the history of political contests in the country. With the assumption that all is likely to stay constant, two men – Uhuru and Raila – will probably be the key candidates in 2012.

Opinion polls aside, just like many Kenyans, I have been wondering – silently and aloud – who of the two would emerge tops and lead the country for the next five years after 2012. I am no prophet or political scientist and neither am I psychic and so I will not try and predict who will be president in 2012.

This reminds me that my interview to join the Daily Nation newsroom involved writing an analytical piece on who will occupy State House in 2008.

In 2002, Raila jeopardized Uhuru’s State House bid when he led a dramatic walkout from Kanu and endorsed Kibaki, the then National Alliance of Kenya leader, who went ahead to defeat Uhuru in the presidential election.

Now the younger Kenyatta is determined to block Jaramogi’s son from winning power. In political rallies, Mr Kenyatta has accused Mr Odinga of using the ICC to eliminate him from the next presidential election.

But both men face one of the toughest tests in the election that must give Kenya a new president. They are both troubled politically and a runoff between them could be one if the most political contests in the country’s history.

Raila has lost key allies who helped him give Kibaki’s men sleepless nights ahead of the 2007 elections. Depending on who he choose as his running mate, Raila is set to lose (or gain) even more allies.

If he chooses to drop Mudavadi as his deputy, the likelihood of him losing his grip on the Luhya vote is high. If he retains Mudavadi, he is likely to loose out on other parts of the country as his presidential bid will be seen as an all Western Kenya affair.

His troubles don’t end there. In a move to endear the mass, Raila didn’t shy away from expressing his support for the prosecution of post-election violence perpetrators. But what appeared to be a good move is threatening to cost him politically after The Hague net caught on of his key allies and supporters turned foe – William Ruto.

Ruto in collaboration with Uhuru has somehow managed to convince his followers that his standing trial at ICC is Raila’s fault. It can also be perceived that Uhuru has not forgiven Rail for “stealing” the presidency from him in 2002 when the latter declared ‘Kibaki tosha’.

But Raila is loved by the masses and can easily move them to support what he wants. He has been the enigma of Kenyan politics having moved into Kanu in the run up to the 2002 elections and leaving just before the polls to leave the former ruling party in confusion.

He then moved to be the key figure of the Narc machinery that kicked out Kanu in 2002 only to fallout with the man he helped be president – Kibaki and eventually engineering the defeat of the Wako draft in 2005 and forming another political force – ODM – thereafter.

Raila enjoys the status of the incumbent having served as Prime Minister since 2008 after the formation of the grand coalition government.

Perceived as the heir of President Kibaki’s political clout in Central Kenya, Uhuru faces a daunting task in fighting accusation of involvement in the 2007 post-election violence as he prepares next year’s election. He is among the six individuals fighting accusations of crimes against humanity at The Hague as the alleged key perpetrators of the 2008 post-election violence.

If the Pre-Trial Chamber judges send the case against him to trial, the Finance Minister’s career in politics may suffer a blow with the hearings likely to kick in mid 2012. This is the same period that the next general elections in which Uhuru wants to run for the country’s top office will be held.

Uhuru has been a key player in the Kibaki succession politics and has managed to stay ahead of main rivals in Central Kenya  in the opinion polls. He has also been at the centre of plans to form an alliance to edge out Raila alongside his ICC co-accused Ruto and VP Kalonzo.

Uhuru, who ran for president in 2002, is facing what some critics say may be the toughest moment in his political career. Other than the ICC, the DPM faces several critical issues that he need to shake off in order to clearly concentrate on next year’s political contest.

He is also involved in leadership wrangles in his party, Kanu, where he is also the national chairman against a group led by his deputy and a son of former President Moi – Gideon. Mr Kenyatta also has to faceoff with other presidential hopefuls around Kibaki who retires in next year.

Uhuru has somehow managed to shake off a tribal tag that has been associated with an alliance that he has been putting together with Kalonzo and Ruto. But his main headache is, just like Raila, getting a suitable running mate, getting the right strong political party and securing enough county support.

Getting the suitable running mate is key to Uhuru as one of the reasons is that he will be seeking to be president just after the second term of another Kikuyu presidency. There is also some perceived mistrust between his supporters and those of Ruto despite them appearing to work together and having the largest combined vote basket.

And so the big question remains: If this are the two men who will on a run off ballot, who will take residence in the house on the hill in 2013?