Tuesday, 4 December 2018

Kavemba Rests and Speaks


He was one of a kind, this man, as they put him to rest. Growing up as a young bubbly and dreadlocked activist whom the local beshtes called ‘Stone’, Mutinda Kavemba, the fallen Chief Officer in the Nairobi County Government was not an ordinary man. He had picked himself up from the usual eastlando poverty and hustlings of Umoja Estate to organize youth groups that tried to make a shilling from collecting and disposing garbage in the estate, to finally emerge as one of the leading young politicians in the city and the country. In his brief act, he had become a respected civic leader, vied for the city governor and become a well heeled political honcho and strategist. Sadly, he would pass on in mysterious circumstances just two months in his new job as one of the city fathers.

Our paths would cross in early 2002 while in the course of our respective youthful political pursuits- his political ambitions as recited above and my national renaissance movement for young new leaders. Fittingly he would become one the Nairobi co-covenors of the Youth Assembly – a national youth political platform – from which he would announce his candidature in the elections that were later held late in the same year. He won those elections you know to become one of the youngest civil leaders in the Capital City.
As we laid him to rest during a funeral which was attended by many of the ‘rennaisance’ leaders; Mutuse Mwengi, Martha Wangari, Joseph Kioko, Makondingo, Fwamba NC Fwamba, Jackson Mwalulu, it should have been a be-fitting sendoff for one of its most successful graduates. Yet it was not and not least because of the annoying and petulant political speeches by attendant politicians who were falling over themselves to speak at the mourners, so annoying that the latter became restive to force the presiding priest to take over proceedings and hasten the process. But for the more because of the gnawing question that refused to go away despite desperate interventions by all and sundry; Just how and why had Kavemba died? The bold among those lucky to speak promised to ‘revisit’ the issue, even alluding as Mutunga Mutungi stated, to on-going investigations already underway.
Sulking in one of the heat fanned tents next to the choir and far apart from the ‘high tent’ where most of the above luminaries sat, I mused over the issue, partly reminiscing the days of of then when this group met in political workshops, rallies and meetings as we strategized about the ‘takeover’. They were all my friends and were now riding high in different political portfolios. Some had become high ranking government officers just like Kavemba while others had managed to win for themselves important political seats. It would seem that our ideas during the ‘renaissance’ had borne fruit. Or had they?
Then it hit me. Were we really on the same pro-change trajectory with which we had entered with into the country’s political fray with so much gusto? How comes it that there seemed such a wide chasm between them and myself? Perhaps it was sour grapes on my part, seeing as it was that my buddies had gained such political weight and mileage over the years and I hadn’t. Maybe but maybe not.
It was all too clear for me that our political trajectories diverged in the run-up to the 2002 General Elections. We had quite a spell before this, beginning in 1996 with the formation of the National Youth Movement led by one Ochieng Khairalla and George Morara. Kepta Ombati, Cecilly Mbarire (Cess) and Danny Irungu had set up the Youth Agenda, while Olang Sana and yours truly opted for a more politically apt formation, the Young Social Democrats within the Social Democratic Party platform. There were other groupings too such as the university student driven initiatives like MVOA where the like of Joseph Kioko, George Omondi and Hassan Omar would emerge from.
Before I lose the plot, let me quickly tie up issues. The initiatives started above had some commonality; While different in their housing and setting, there always remained a sort of unity of purpose for all teams, first a need to get new, fresher and young leaders into political office and secondly to change the prevailing leadership with more pro-people and pro-development minded leaders. Our answer to the second objective was the believe that young leaders were untainted and beyond reproach. Of course we were wrong. And this is when the linkages with the present come in.
While we really have made tremendous progress in getting new, fresh and younger leaders into political office, very little of our political thought has changed. This is a bold statement, given the titanic political changes that the country has seen ever since that epic election in 2002; Positive economic trajectory under Kibaki, serious political conflict and violence in 2007-8, new constitutional dispensation in 2010, emergence of coalition politics of mobilization and the enactment of devolved governments as the greatest reward of the new constitution amongst other political manifestations.
So have things not changed? We remain an ethnically fractious nation, deeply steeped in corruption practices now devolved to the counties, most of our leaders remain rudderless and mainly interested in personal wealth accumulation. All this while poverty ravages majority of Kenyans across the land with continued increase in the cost of living and an increased burden from a growing national debt. These were the same issues that we needed to address in our cherished youthhood dreams for political office.
So it does appear a contradiction that even with new younger leaders, we are still in the woods of political indifference. Here’s my hypothesis of what exactly happened. In the run-up to the 2002 elections, many actors especially in the political opposition, opted for expediency rather than a substantive drive towards change of the political leadership. The threat of Moi extending his reign through his prodigy, Uhuru Kenyatta, was all too imposing for them to think clearly under the circumstances. Thus that phenomenon of coalition building started. This is perhaps a story for another day but in the circumstances, many young people who had hitherto ‘strategically’ positioned themselves in different political parties found themselves having to become ‘expediency merchants and mercenaries’ for the old guard. And they would even coin names and labels – Vijana na Kibaki, Warembo na Kibaki et al.
Some of us remained cautious at the unfoldings. Many attempts were made to enjoin us but we remained steadfast, arguing that we were being only used as mobilization agents without any clear guarantees on the rewards and our expectations. Many of course joined up and were immediately rewarded with lots ‘expediency glitterrazzi’; campaign cash, cars, flash lifestyles. And the campaign paid of with the Kibaki led coalition winning with a landslide and sitting pretty in government. What would then become of our colleagues. Again it seemed at first that it was also paying off for them. Appointments as personal assistants and strategic government positions followed. This was good. Even for those outside the spectre, there was a unanimous feeling that a page had turned. Now we had powerful connections across the board and buddies that we had shared common pursuits were top political functionaries in the seats of power. But this was only a mirage.
Attempts at creating bridges that would be used to continue with the struggle were quickly burnt as those in office sort to consolidate their positions by clinging to their ‘sponsors’. While this was to be expected, it was the change of political thought that became more treacherous and painful to bare for those of us who had believed the emergence of a new dawn. But it was especially the desire and pursuit for wealth accumulations by these new leaders that would irk us the most. This was a clear departure from the principles of leadership that we had assumed in our youthful adventures. They had become part of the problem.
Now we had to deal with the same old problems in a new and closer ally-turned foe. And this we had feared would happen. It had informed our initial instincts to hold back. Over the last sixteen years since this advent, this brigade has gone on to entrench themselves as an impregnable state-crafters who are now movers and shakers in an alien infrastructure that they had so un-seemingly subscribed to.
It is this phenomenon that I now attempt to link with the demise of our departed friend. While the questions of his death remain unanswered, many have fleetingly related political and governmental sub-cultures for the happening. In an ‘expedient’ political environment coupled with a cult-like deep state government embodiments, survival for the fittest becomes the norm as individuals try to outsmart each other. With a politically feeble external movement keeping check on the monster regime that is deeply controlled and financed by yester-year autocrats , who we had attempted to unseat during our unity of purpose overtures, we seem back where we started.
It is therefore palpable that the death of our friend was not natural, in any case the government he was working for is well know for its cartel-like underbelly. However, seen from another perspective, one that I have belabored to explain above, it would seem that our friends who decided to go for expediency rather than wait for substantive changes, could well have dug their own graves.
Perhaps this, even more than the suspected murder, is what needs revisiting.


Thursday, 9 June 2016

ELOG POSITION ON CURRENT ELECTORAL ISSUES




1.   Call to disband/reform IEBC by a number of Electoral Stakeholders
The Elections Observation Group (ELOG) stands for Credible, Peaceful, free and fair elections. Elections are discredited for a number of critical reasons. Key amongst these is the credibility of the institution managing the process – the elections management body, in Kenya, the IEBC.  The “credibility gap’ – the diminished public confidence in the integrity and diligence of for many electoral institutions and their activities – is a common problem for EMBs across the world[1].

There are many EMB models used the world over to manage elections mainly based on the local (manly political) contexts that play out in each respective country. The independent model which is employed in Kenya presumes among other pertinent issues that the EMB can be trusted to conduct elections without undue influence by other parties/entities.

Over the past month, Political pressure has been exerted for the IEBC to be at least reformed and at most disbanded as a result of credibility concerns. The main opposition coalition in the country, Coalition for Reforms and Democracy (CORD) has led the calls through well publicized weekly street demonstration against the IEBC which although initially peaceful have culminated in the death of 3 people being shot by police as they tried to stop the demonstrations, terming them illegal. Other stakeholders such as the Interreligious Council, the Central Organization of Trade Unions (COTU), the Law Society of Kenya and a number of leading Civil Society Organizations, have weighed in on the matter with some calling for reforms while others out rightly calling for the disbandment of the Commission.

The issues cited for the discrediting of the IEBC range from the handling of the 2013 general elections where a number of issues such as the mismanagement of electoral technology have been advanced, the handling of by-elections especially the recent ones in Kericho and Malindi and the handling of CORDs Okoa Kenya Initiative which intended to call for a referendum that sought to address a number of electoral issues before the next elections. The other issue that has consistently been raised has been the so–called the ‘chicken gate” scandal, where a number of the commissioners have been implicated in a procurement corruption scandal involving a UK firm. While action has been taken on the UK side, nothing seems to have taken place on the Kenyan side despite files of the cases being deposited at the EACC and DPP desks.

Further other issues have also been raised. There are questions brought about by the low turnout in the voter registration campaigns and whether this is indicative of low confidence levels that may result in widespread voter apathy. Lack of clarity on the voter register as evidenced in the recent by-elections in Kericho and Malindi where there was alternate use of the electronic poll book (EVID) and the manual register.

Lastly, even as the debate on whether some or all the commissioners should be replaced, we still do not have a clear procedure on the appointment of new commissioners and with time running out in terms of preparations to the 2017 elections, this may bring about another protracted process between the political players.

The Government and the ruling party, Jubilee, have insisted that the law be followed in addressing the issues raised so far.  They insist that the laws on the removal of constitutional commissions be followed using the laid out parliamentary process.  The opposition decries the ‘tyranny of numbers” in parliament as an impediment to objective debate and resolutions to the problem despite the many successes that the 11th house has collectively agreed on.
Thus an electoral stalemate in our hands


2.   Transitional issues in the Judiciary
Apart from the IEBC, the other institution that comes into focus in respect to the electoral process is the Judiciary. The Judiciary played a critical role not only in determining the elections petitions of the 2013 general elections within the specified period, but also through its highest organ, The Supreme Court, Determined the presidential petition in the highly contested race. The Supreme Court has also played a key role in giving advisory orders on pertinent constitutional issues key amongst them being the provisions of the two-thirds rule and a raft of other interpretations.

Based on their experiences of the 2013 electoral disputes, the judiciary set up a working committee to address the issues obtaining from the same as well as the development of proposals on legal reforms. Early this year, the Court, while launching their strategic plan, made the committee a substantive unit that will address all judicial electoral matters in the new cycle.

Despite the above positives, a number of events have conjured to cloud the judiciary ability to arbitrate over electoral disputes and attendant legal issues. First, with the early retirement of the Chief Justice later this month, seeming bitter succession battles have begun. Confounding the issue further, is the fact that the deputy Chief Justice is currently embroiled in court battles over her retirement age, battles which seem to have split the Supreme Court into opposing camps.

The other issue which affects the integrity of the highest court in the land is the bribery claims on one of the senior judges, Justice Philip Tunoi, who is accused of taking money to influence the outcome of a gubernatorial seat petition. If proven to be true, the case may implicate more judges in the Supreme Court bringing nearly the entire bench into disrepute. This does not augur well for the electoral process.
Further, and as raised by ELOG in its 2013 Elections Report, the issue of the threshold needed to validate or invalidate an election result in a petition has not yet been addressed by the judiciary. Clear jurisprudence on this matter is needed before the next elections come by.

Lastly, over the last few weeks in which the police engaged the anti –IEBC protesters in what has been christened ‘tear gas Mondays’, a number of violations have occurred in respect to court orders. First the Courts gave orders allowing CORD to hold a parallel rally during the Madaraka day celebrations. The police declared the event illegal at first and wrote letters implying the same. They would later rescind the same albeit reluctantly. The courts also gave orders on the illegality of the proposed demonstration slated for the coming Monday, CORD has quashed the same and said they will go on with their plans in disregard to the orders.

This state of affairs is indicative of a banana republic where no laws hold water and impunity reigns supreme. It is a situation which cannot be allowed within the new constitutional dispensations and a recipe for chaos.

 
TThe two thirds gender requirement
ELOG has noted that implementing the ‘Two-Thirds Gender principle’ is meeting obstacle after obstacle with those charged with the responsibility of making the change happen wavering. The National Assembly has occasionally failed to pass the Constitution Amendment Bill of 2015 which seeks to ensure that no gender occupies more than two-thirds of the parliamentary seats. What should be a question of inclusivity and human rights has been whittled to a game of musical chairs where each available opportunity is taken away successively. With time ticking away there is every possibility of dissolution of the 11th parliament if nothing gives by the 27th of august this year.
ELOG will support public interest litigation against parliament if the issue is not addressed within the given timelines.
It’s a matter of a month and a half from now.


4.   Rumblings around the Elections Date
During their retreat in the Coast for a national forum last month, Members of the County assembly and Senators argued that the next general elections to be held on the 8th of August 2017 would violate their tenure in office as it would happen within their five year term limits as directed by Article 177 (4) of the Constitution. This is despite clear provisions of Articles 102 and 177 (1) which state and affirm the above dates.

While the date of the next elections is not in doubt, there does seem to be a lacuna in the law that can be exploited by those who may wish to defer the elections beyond the provided dates. Clarity on this should be given by both the IEBC and the Judiciary in terms of interpretation of the law.


5.   Other obtaining issues
ELOG condemns / deplores the excessive use of force by the Kenyan security services and the violence that has rocked around the weekly demonstrations in the vicinity of the IEBC offices in Nairobi and other places around the country. We urge the security services to exercise restraint during demonstrations and to protect the rights of free speech, assembly, and political participation guaranteed by the Kenyan constitution.

The deaths and injuries of Kenyan citizens were tragic and unnecessary. ELOG urges for a speedy investigation into the actions of the security services and to hold accountable anyone responsible for the use of excessive force. Destruction of property and attacks on bystanders by anyone during demonstrations are also unacceptable.

ELOG calls for all Kenyans to reject violence. We again urge/call for a constructive and inclusive dialogue to resolve the stalemate between the government and the opposition over issues raised regarding the Independent Electoral and Boundaries Commission (IEBC) and the electoral process to ensure that the 2017 elections are free, fair, and peaceful.

Hate speech is the precursor to violence and has (been) every electioneering year the country. We urge the National Cohesion and Integration Commission (NCIC) which is mandated to promote ethnic harmony and to investigate complaints of ethnic or racial discrimination or any issue affecting ethnic and racial relations under Section 13 of the 2008 National Cohesion and Integration Act - to seriously hold people accountable for inciting people to violence and hatred.


[1] Electoral Management Handbook, International Institute for Democracy and Electoral Assistance (IIDEA)