Sunday, September 21, 2014

NEW POLL EVIDENCE CHALLENGES THE LEGITIMACY OF THE KENYAN RULING CLASS

If what has been reported in the Kenya media about massive flaws in the last general elections is true, then one wonders whether the current Parliament is legitimate, and whether it has the moral and legal rights to pass laws on behalf of forty million Kenyans. The same applies to devolved governments.

In a report that is likely to embarrass the ruling class, legitimise opposition claims of poll rigging, and question further the integrity of the Independent Electoral and Boundary Commission (IEBC), a reported internal audit of the March 2013 elections shows:- that a large number of registered voters were not included in the national voters' roll; that important "data" was lost while being transmitted from the field to the tallying centre in Nairobi; that some Biometric Voter-Registration (BVR) kits crashed before data was fully backed up; and that the IEBC did not even know the total number of voters.

There have also been allegations of corruption and ineptitude on the part of senior officers of the organisation.

The report represents a serious indictment of the electoral body since the IEBC has all along boasted the elections were fair and just - claims that were supported by some non-governmental organisations - and that they met the thresholds of global standards.

But what is emerging now from the incontrovertible audit, which the electoral body is yet to challenge, is that the entire process failed the test and that the IEBC has a case to answer in the court of public opinion. From what we now know, what took place in the last elections was reprehensible and an unforgivable act of turpitude.

That there were flaws in the elections is a matter in the public domain. An unprecedented number of petitions were filed by "losers," and many won their cases in court, and by-elections were held. But that was only a small fraction of the contestants because many could not afford the expense and trouble of going to court.

What was not known was the extent of the anomalies and the massive administrative inefficiencies that surrounded the poll exercise.

What is disappointing is that after the elections, not a single leader came out to challenge the WHOLE process with the intention of nullifying the ENTIRE election and forcing a fresh one. Leaders were prepared to go along with the injustice as long as their personal and partisan interests were catered for.

And even when Raila Odinga petitioned the Supreme Court, he made Kenyans believe it was only the presidential elections that had defects. He knew this was not true. The entire process was bungled and any petition should have challenged the legitimacy of all the seats in the National assembly, the Senate, and in the devolved government, instead of focusing just on the presidency. It reduced the whole intervention to a personal fight between Raila and Uhuru.

My view is that Kenyan leaders should not have sacrificed justice for partisan and/or personal interests. To allow illegitimacy in our body politic is to encourage lawlessness and entrench impunity.

Now that the cat has been let out of the bag, so to speak, I expect organisations like the Law Society of Kenya and the International Commission of Jurists (ICJ) to lead the way and show Kenyans how they can reclaim their rights.

And that is my say.




Sunday, September 14, 2014

CREMATION THE BEST OPTION FOR KENYANS ABROAD

In the context of African culture, cremation as a form of disposal of corpses, remains largely a taboo.

For generations, Africans have clung to the practice that the dead must be laid to rest below ground in an elaborate send-off, punctuated by eating, singing and dancing. The tomb must be as close to the family home as possible to allow the spirit to be part of the living even after death; and the remains must be handled with extreme care in case the spirit returns to haunt the living.

However, in developed nations, cremation remains the most preferred option because it is efficient, cheaper and quicker. People in Europe, North America and elsewhere, look at the process of burning bodies to ashes as a way of avoiding prolonged grief; and hastening of closure. Cremation also promotes good land use and protects the environment.

While I would like to see more people commit themselves to cremation in Kenya - and we have seen a few examples including that of the late Prof. Wangari Maathai, the environmentalist per-excellence - I would particularly encourage this form of disposal to Kenyans in the Diaspora.

Kenyans abroad face monumental decisions when one of their own dies. Families at home must be consulted and a decision made on whether to cremate, bury the body overseas or fly out the remains for burial at home. In most cases, families in Kenya prefer the latter - costs and everything else notwithstanding. Once that decision is made, money - lots of money - must be collected for logistics, escorts and other fees.

In the three months I have lived in America, more than a dozen Kenyans have died here and many of their remains flown back to their villages to satisfy the strong cultural requirements. Only a few - among them two Kenyan women who died recently - were cremated.

Considering the high cost of transporting corpses from, let us say America to Kenya, it is my view that time is ripe for families back home to consider cremation as the first option to dispose off corpses of relatives who die abroad.

And because Kenyan Missions overseas do not have funds to help repatriate dead bodies, the burden of preparations is often left in the hands of fellow citizens and friends. It defies logic that Kenyans overseas - who already have excessive burdens on their shoulders - should be expected to contribute money every time a Kenyan dies, especially in these hard economic times. Cremation, at the point of death, is the answer.

And even in choosing between cremation and burying abroad, the former method is undoubtedly the better option partly because graves are expensive to maintain abroad. Cremation is also much cheaper overseas with costs running as low as 700 USD or 50,000 Kenya Shillings. Once cremated, ashes can easily be carried in a carry-on luggage, for conveyance to families back home to do as they wish.

As for Kenyans at home, they must realize that land is becoming increasingly scarce, and the environment is under threat because forests have to be destroyed to pave way for cemeteries. We have reached a point where many of our cemeteries are full and bodies have to be buried on top of other remains.

I know this is a controversial and emotive subject, but I have decided to broach it here so that families back home can understand the difficulties Kenyans in the Diaspora go through; and perhaps a discussion can begin to promote cremation as an alternative to transporting bodies home.

Eventually, the choice becomes a personal one that takes into account religious, cultural and social dispositions; but this is an issue Kenyans can no longer ignore.


And that is my say.