KENYA: WE TALK OR WE PERISH

One does not need a crystal ball to see how fast Kenya is spiraling downwards into self-annihilation. Only nine years ago thousands of Kenyans lost their lives, and many have remained displaced even today, as a result of malignant greed for power that appears to be the hallmark of politicians.
The violence that took place after the 2007 elections was the closest the country came to a complete disorder since the 1982 coup attempt. Those who witnessed one or both of the two bloody events would want to be spared of another.
With the general elections now barely sixteen months away, Kenyans must decide whether they want to go the 2007/2008 fractious way - lose lives and ruin their economy, again - or proceed cautiously, dialogue, and engage in peaceful elections so as to come out unscathed on the other side.
What we are seeing currently in Kenya - the brazen street protests and indiscriminate destruction of property; the plenitude of hate speeches and absence of meaningful rapprochement; the erosion of press freedoms; the diminishing personal safety; and the insane cupidity which is continuously widening the economic gap between the rich and the poor - is a harbinger of what lies ahead.
While the last violence was spontaneous and unrehearsed, there are indications this time round that some are getting ready for an explosive eventuality: the security apparatus is being beefed up exponentially with new, heavy-duty, anti-riot equipment; more police are being recruited; and intelligence is being re-booted and refined. The language spoken by the Cabinet Secretary for Internal Security is uncompromising and acrid.
The opposition, on the other hand, is digging in for a confrontation as its leaders openly declare that they would accept nothing less than victory in the coming elections. Their supporters have become emboldened and relentlessly daring consuming gushes of tear gas at will Monday after Monday as the opposition tries to make its point of having the electoral body ejected. I was surprised recently to hear from close friends, who had previously opposed to any forms violence, coming out now to openly support use of force if CORD loses.
This is a scary situation for Kenyans whose only option is to pray and hope for the best.
My view is that politicians must move fast to diffuse the fast brewing levels of anxiety that are so feverishly occupying the minds of peace-loving Kenyans.
The unexpected "talks" this week between the two protagonists Uhuru and Raila at State House, and the pictures that circulated widely showing Raila laughing and joking with his nemesis over glasses of fine wine and a sumptuous lunch, maybe a positive sign of maturity and mutual respect, but they were followed almost immediately by separate rallies, thus underscoring the lingering bitter divisions on a day that was supposed to underscore our national unity and pride.
It is looking unlikely that the agreement reached at the "talks" - of appointing teams to discuss the IEBC issue - will materialize given the statements that came from both sides on Tuesday.
My view is that the two sides need to do more than just "laugh and joke." Why? because the well-being and future of Kenyans is not a joke, and in any case, the era of hoodwinking citizens with small talk is over.
Politics is about competition - intelligent competition. When the boundaries are violated and the players move further to the left in a display of chest-thumping, dogmatic showmanship and pedantic intolerance, then Kenyans have a lot to worry about.
I therefore propose the following:-
1. That the opposition CORD should unconditionally call off all demonstrations and public meetings to allow a cooling-off period.
2. Members of the Independent Electoral and Boundaries Commission (IEBC) including the chief executive and all county representatives must vacate office immediately and the government must declare a commitment to pay them their contractual dues.
3. The Jubilee government and CORD must sit around a table without pre-conditions to work out details of how a fresh, independent body is to be chosen. This task should be left to the leadership of the two parties and not to Parliament.
4. The international community, which is already showing interest in the forthcoming elections, must appoint an independent panel to help chart the way forward including the studying of the current electoral practices and recommending changes where necessary to avoid stealing of votes next year.
5. The government must engage the civil society on how best changes can be made to some draconian media laws passed by Parliament and assented to by the President in recent years.
6. And finally, a process of taming the police force must begin without delay; to include re-training of all officers on everything, from human relations to laws relating to the use of force and constitutional responsibilities.
All this must be done in a spirit of give and take from all sides and with one thing in mind: that Kenya is bigger than any individual political leader.

And that is my say.

AND HERE IS MY LAST SAY ON THIS SPACE

I have been writing this commentary twice a week for the past year and half. In all, a total of one-hundred and fifty articles have appeared on www.blogspot.com and on www.wordpress.com. - two of the world's premier blogging platforms.

The commentaries, released without fail every Monday and Thursday morning, have dealt largely on political events in Kenya. But I have also written on other subjects touching on the welfare of Kenyans.

During this short period of time, my articles have reached readers in North America, Australia, New Zealand, Asia and of course Africa - in a total of seventy-eight countries altogether, according to wordpress statistics.

In addition, news outlets, among them, the Coast This Week; and online magazines, the 4th Estate Wire, and the globally-distributed Tuck, have re-published my articles from time to time.

In its annual summary of activity earlier this year, worldpress had some flattering remarks about my blog:

"A New York City subway train holds 1,200 people. This blog was viewed 6,000 times in 2014. If it were a NYC subway train, it would take about 5 trips to carry that many people."

And that was for a period of only one year, from only one blog.

The most popular commentary appeared on November 7, headlined, Kenyan Uniformed Personnel Deserve Better, in Life and in Death. It received an amazing 790 hits in a matter of a few hours. It was followed closely in ranking by: Is Poison the New Bullet,? in February, and: Why Kenya Has Become a Haven for International Drug Lords, in August.

I thank all of you who have cared to follow me week in week out. Through your positive comments I was encouraged; and through your criticisms I matured.

This is the last time you will be reading my commentaries on this space. I have decided to retire my blog pen to concentrate on other writing assignments. I am currently writing my third book after the successful release of the Politics of Betrayal in 2011 and Dash Before Dusk in 2014.

The new project requires much more of my time than any other.

I am happy to say after the hustles of politics, I have found happiness and satisfaction in full-time writing.

Let me also thank blogspot and wordpress for giving the world a platform through which people can express themselves freely.

I hope those left behind will continue to write, but write wisely and responsibly.

And that is my last say on this space.

RAILA MUST GRIEVE BUT HIS TROOPS MUST NOT BE LEFT RUDDERLESS

WHY THE FAKE LIEUTENANT SHOULD NOT BE PARDONED FOR INSULTING THE KENYAN PRESIDENT

Since the jailing of a Kenyan a few days ago for insulting President Uhuru Kenyatta, Kenyans have saturated the social media with varied comments, some accusing the government of intolerance to criticism and of hurriedly hauling the young man to court without giving him the benefit of a legal counsel, and others emphasizing the prison term was justified and that the man should rot in prison.

Alan Okengo, a 25-year student who went by the social media pseudonym "lieutenant Wadi," was seized on New Year's eve as he fled the country through the Kenya/Uganda border. He was speedily delivered to court - and based on his own guilty plea - sentenced to two years in jail.

Alan hails from the Nyanza region which is considered an opposition stronghold, hence assertions by government detractors that the arrest and prosecution was politically motivated.

The offending posts caused a visceral wave of reaction in the social media. I found them not just tacky and caustically tactless but wacky and defamatory. I cannot understand why and how a fourth year University student could be so daft as not to see the grave implications such posts could cause.

Only a few weeks ago I wrote in this space about Kenyans who broke the law to gain fame and possible prison time. If that was what Allan had in mind then he obviously succeeded: he earned his fifteen minutes of fame and the privilege of spending twenty-four months as a non-paying guest of the State.

Before he began writing vulgar comments on the social media a few weeks ago, no one had heard of the fake lieutenant. He was just a nondescript youth in a crowded campus setting of a local institution. Suddenly, he was the talk of town; and as he spewed his vitriolic views, some were sharing and re-sharing his posts joyfully. I wouldn't be surprised if Allan saw himself now as a political prisoner.

What amazes me is how all of a sudden Kenyans have become so forgiving. Some went as far as asking the President to pardon him, suggesting rather comically that the man was too naive to understand the consequences of his action.

That is hogwash.

No such thing should happen. This young man was convicted of a crime by a legitimate legal process under laws we all approved. Moreover, he admitted to the charge, only saying in mitigation that he was mad. His were not actions of a mad man but of a person driven by effrontery and juvenile impropriety. If there is one person who doesn't deserve a presidential pardon, it is Allan.

By pardoning him the President will be seen to be sabotaging the very principles of our constitution and undermining our judicial process. He will be succumbing to pressure from elements who take pride in abusing the freedom of expression for unknown reasons. Such an action would send a wrong signal to criminals that they can offend and slip away without taking responsibility.

It is my strong opinion that this man should serve his full course of time. Those who want to appeal on his behalf can do so because our laws allow it. If the Appeal Court finds omissions in the judgement of the lower court then he deserves freedom. Otherwise, Allan must be punished.

Democracy is a two-edged sword. We cannot pretend to espouse democracy - which means, among other things, respect for the rule of law - and disregard legitimate laws at the same time. By accepting the tenets of democracy we agree to be law-abiding citizens as well.

Finally, social media outlets should not be used as vehicles for hate speech and insults against anyone, leave alone the Head of State.

This generation is lucky to enjoy a technology that allows everyone - regardless of class and level of education - to converse freely and on real time with the rest of the world. This platform is affordable and accessible to most people and it should be used wisely to enhance knowledge and promote friendship and not to demean and deprecate others.

And that is my say.

BY SECOND-GUESSING KENYA ON THE ANTI-TERROR LAW, COULD THE US BE INTERFERING IN KENYA'S INTERNAL AFFAIRS?

The usually friendly but fragile relations between the United States and Kenya turned lukewarm this past week when the two countries appeared to differ on matters of security.

It was only last August when President Uhuru Kenyatta held very useful discussions with US President Barack Obama in Washington DC on how the two countries could enhance cooperation in the wake of heightened threats and deadly attacks by the Al Shabaab terror group.

The meeting, held on the sidelines of the Africa Summit which Obama convened, was seen as signalling the end of seemingly frosty diplomatic ties which began after Kenyatta, then an accused person before the International Criminal Court at the Hague, won the 2013 presidential elections.

Washington was not particularly thrilled by the victory and hinted it was unwilling to deal with Nairobi under the new leadership. Quiet diplomacy however helped thaw ties culminating in Uhuru's presence at the Africa Summit.

The latest tiff is not about any ICC-related issues though but about the Security Law(Amendment) Bill, 2014, which Parliament acrimoniously passed at the speed of lightning; and which was then speedily assented to by the President last week. It generated violent debate on the floor of the House leaving some legislators injured.

In a statement, the US felt the Bill was rushed. That supported the opposition stance that not enough consultation had taken place. Washington was also concerned about "several provisions in the legislation, including those that appear to limit freedom of assembly and media, and access to asylum for refugees,"

Nairobi immediately hit back with a statement denying the legislation curtailed freedom of assembly, and told the US to read the law as passed, and not to go by what its associates (read the Opposition) want them to believe.

I am not today going to discuss the merits and demerits of the new law. I will leave that for another day.

The important question I have is whether the United States, a long time Kenya ally, has the locus standi, so to speak, to dictate Kenya on how to formulate its laws. Put it another way. By issuing a statement that sounded like a public rebuke, was the US interfering in Kenya's internal affairs?

These are not new questions. They have been asked for most of Kenya's fifty-one years, as America and European countries laboured to impose a western version of democracy on Kenya. In the 80s, Washington worked closely with opposition elements to end Daniel Arap Moi's one-party rule. It vigorously condemned human rights abuse and fought for justice and the rule of law.

Though the one-party rule ended in 1991, the US has continued to "chaperone" Kenya's economic and political direction through travel advisories and diplomatic notes whenever it feels the security of its citizens is threatened and the country is veering off the charted path.

Kenya is a sovereign nation with a comprehensive Bill of Rights, integrity clauses and good governance provisions. It has a fairly independent judiciary and a functioning Parliament, its many faults notwithstanding.

But Kenya is also a part of the global community of nations. It cannot exist in isolation. Its strategic location on the Indian Ocean and its links to major world ports means it has a lot to offer in growing the world economy and in providing sea corridors for US forces and their allies. Western nations are therefore interested to see that peace and stability prevails and the country is run democratically.

And there is a saying: he who pays the piper calls the tune.

The US is spending almost a billion US dollars per year on Kenya - the highest annual foreign assistance to any country in sub-Saharan Africa - to support the country's efforts in health, education, youth empowerment, natural resource management and economic and democracy growth. It also gives Kenya useful intelligence in the fight against terrorism.

By accepting such a colossal amount in grants, Kenya must be willing to tolerate occasional broadsides from the giver.

My submission therefore is that: if we want America to keep off our affairs, we must also be brave enough to refuse its aid.

And that is my say.

KENYA: WHERE IS THE EVIDENCE OF EXTRA-JUDICIAL KILLINGS OF MUSLIM CLERICS?

Heads should and must roll following the highly damaging documentary this week by the Qatar-based Al Jazeera network.

And this is not because the Islamic-funded television station aired the forty-seven minute programme which Nairobi authorities have described as "scandalous and unethical."

Heads must roll because people who identified themselves as members of various branches of the Kenyan security forces allowed themselves to lend credence to a project that is either intended to puff up the Islamic Jihadist movement, or, project the Government of Uhuru Kenyatta and William Ruto as murderous and anti-Islam.

From the onset, the narrator made it clear that Al Jazeera had vetted the officers and found them to be genuine employees of Kenya security agencies. If indeed they are, then the officers, enshrouded in shadows to conceal their identity, violated their oath of office which, in part, calls for confidentiality of materials gathered in the course of duty.

Also, if it can be proved that those officers obtained official documents illegally and passed them over to a foreign agent, then they ought to be punished in accordance with the law of treason.

The Government should also investigate to find out who else was involved either within or without the civil service.

No government allows its officers to go on camera with the type of information given by the officers in "Inside Kenya Death Squads." They seemed to forget that the country is in the midst of a terrorist onslaught.

But there is one more issue. No one - including the so-called human rights organisations - has offered any concrete evidence to prove the Government is involved in any killings of Islamic leaders or others as part of an official elimination programme as claimed. If any such evidence exists, why hasn't it been given to the Government or to any international organisation for action?

What we have so far are speculations and innuendos which serve no useful investigative purpose.

For an international medium like Al Jazeera to engage in a propaganda war aimed at causing conflict between Muslims and Christians is a cheap way to gain favour from its largely Muslim Arab financiers.

Today, Governments all over the world are tightening their domestic security protocols and Kenya is not an exception. That is why the Administration has proposed sweeping changes in law.

But while I welcome the changes, I do not support any attempt to snatch away fundamental human rights as suggested.

And that is my say.

BE AWARE NKAISSERY. WHAT HAPPENED TO OLE LENKU COULD HAPPEN TO YOU.

Unless something unthinkable happens - either he turns down the appointment or Parliament refuses to approve - Joseph Nkaissery is certainly headed to the Office of the President as the second Cabinet Secretary for Interior and Coordinator of the National Government.

Conversely, his namesake, Joseph Ole Lenku, the person he is replacing at Harambee House, is destined to go to the same oblivion pit as many other former Cabinet officials unless President Uhuru Kenyatta is magnanimous enough to offer him a soft-landing in a public institution.

If one had told Ole Lenku a year ago to stay put in the hospitality industry and avoid the risks associated with public appointments, the former hotelier would probably have read mischief.

But let the truth be told. Senior public jobs in  Kenya are risky, stressful and thankless, and since they have no security of tenure, they are dangerously undependable. In the current constitution, the President is not encumbered by political baggage and can invariably chose anyone he wants from any background and fire him or her anytime without fears of political hazards.

In the case of Ole Lenku, his appointment to the sensitive position at a time when the country was already facing security threats was doomed from day one.

Few Kenyans believed a green-horn like Ole Lenku, a man who had never worked in the public sector before and one who was relatively unknown in security circles, could make any notable impact in an office previously occupied by such political giants as George Saitoti and John Michuki.

As a matter of fact, Kenyans felt cheated from the very onset and immediately began a campaign to malign him in every way possible. They insulted him in social networks and made fun of him publicly and privately, especially after the Westgate terrorist attack last September.

The campaign to discredit the Cabinet Secretary gained momentum after the senseless terrorist killings in Mpeketoni, Mombasa, and elsewhere and culminated in the recent murders in Mandera and Wajir.

If there is one person in the Jubilee Government who has attracted so much venom and scorn, that person is, unfortunately, Joseph Ole Lenku. At the end, President Kenyatta had no option but to sack him along with the Inspector General, David Kimaiyo.

Only recently, I argued here that the departure of Ole Lenku and Kimaiyo would make no difference in the way Al Shabaab perceives Kenya. Kenya remains Al Shabaab's greatest enemy. Without Kenya, the group will have no reason to exist.  So, anyone who thinks the attacks will cease because we have rid the security docket of its two most ridiculed officials must be day-dreaming.

I am now beginning to think that the terrorist assaults from across the border have nothing to do with the presence of Kenyan troops in Somalia. Both Ethiopia and Uganda have troops in that war-torn country but they have not seen the kind of attacks on the scale seen in Kenya,

My view is that the killings have roots in our own political and economic dispensations. Corruption in the police and immigration departments stands at the top of the list, followed by the scramble for the massive unexplored resources in Somalia by both Kenyan and Somalia warlords, and underground struggles for political power at home.

The connivance of Islamic jihadists both internally and externally with terrorist groups in recruiting jobless youngsters for service is also to blame.

The Kenya government must do what it has always intended to do, but has not done: close down the refugee camps in the north which serve as the breeding grounds for terrorist infiltration and recruitment; flush out and prosecute the financiers; and reorganise the security agencies from top to down.

At the same time, enact laws that would give our intelligence service powers to arrest and detain suspects immediately instead of referencing to the corrupt police force for action.

A final word of caution to Major-General (Rtd) Nkaissery. Take the job, but be aware that you cannot fight terrorism alone from your posh perch in downtown Nairobi. And, don't sit pretty as if the job is permanent and pensionable. What has happened to Ole Lenku could very easily happen to you.

By sacrificing a secure position as Member of Parliament for Kajiado to take up the hot seat, you are gambling everything you have worked so hard to achieve outside the military. So, let it work for you. Good luck, Joe.

And that is my say.