We Could Surely Do With a Little Guided Thought on Matters ICC

Below is a superb guest blog on the effort by the Kenyan National Assembly to withdraw Kenya from the Rome Statute and the ICC by Celestine Olilo.

Celestine Olilo is a Kenyan journalist who studied Communication Studies at Maseno University, and is working with a local media house currently. She follows politics keenly, and I requested her to give me a post on the ICC issue that has gripped Kenyans so much with trials against 3 Kenyans due to start on Tuesday, 10^th September 2013.

You can find Celestine on twitter here @cellie_beckie

By Olilo Cellestine        

My beloved country is making yet another attempt to withdraw from the International Criminal Court. 

From a neutral point, Mr. Adan Duale’s motion raised a rather germane issue that Kenyans would have had to deal with at some point. And the reason is simple. President Uhuru and his deputy, William Ruto’s election to office, despite the glaring charges of alleged post poll atrocities, brought about awkward complications that cannot be wished away easily.

Indeed, it is a country’s shame to have a sitting president being tried for heinous crimes at an international court. It is even worse, when the sitting president has such a huge following back home, that the Hague-based court is viewed as more of a bully, than a vehicle of facilitating justice to hundreds of thousands of the 2007/2008 post poll victims. 

The Jubilee Coalition launched a spirited campaign to break free from the ICC. The argument? We now have a new constitution, and the capacity to locally try the perpetrators.

Maybe so, but why now? Has it just occurred to the Jubilee Coalition that we could do with a little less patronizing from our Western big brothers? Is it really an innocent attempt to salvage the country’s pride at a time when the suspects’ cases are just kicking off? I say nay-nay.

Even if they were, Kenya’s deferral sends an unpleasant message across the continent (remember we sought support from the African Union earlier in the year?)That we are not willing to further cooperate with the Hague-based court, and worse still, that we are seeking ways of terminating the cases against our top countrymen.

In case we forgot, the ICC did not come hunting for the suspects, we invited them over, for the innocent reason that the 2007/2008 victims must find justice, justice which could not be found within the confines of our teething judiciary.

We happily signed The Rome Statute, set up a commission of inquiry that cost taxpayers an arm and a leg, and then waited in earnest to know the ‘contents’ of the Waki envelope. But when the names were revealed, we forgot all this before losing our minds to the staid ideology of ethnicity.  The ICC issue ceased to be a collective path to justice. It was now targeting our sons, our leaders…our tribesmen!  

The Rome Statute is clear in its 16^th Article on deferral. Two things: Even with the motion already passed, there can be no impact on the ongoing cases, and Kenya’s withdrawal can only take effect about a year after the request has been received by the United Nations. What am I saying? The charges facing the two leaders as well as that of radio journalist Joshua Sang are a fait accompli. 

For this, Adan Duale and those harboring the same thoughts are making a futile attempt that does nothing but soil the name of our country in the eyes of the International Community, but even worse, it impacts negatively on the President and his deputy. 

Why the sudden butterflies? Why the seemingly desperate attempts to evade the charges, to a point of staging a deferral? Do they know something I don’t? Ambassador Francis Muthaura and Major General Hussein Ali were acquitted by the same court. Surely the two did not need an entourage of MPs to rally for the deferral of their cases.

The Jubilee coalitions should invest in a lot more intellectual knowledge than the mere politics informing the deferral. They should start by acknowledging the fact that the ongoing cases played a huge part in ensuring peace prevailed during the March 4 elections.

Forget that pep talk about the ICC targeting African countries.  If you put zero external supervision and a country where disputed elections are the order of the day, the imminent result is an ugly bloodbath! If you doubt me, follow proceedings in the DRC.

If really we are grown enough to throw our two hands scornfully at the ICC, then let’s have some tangible evidence to back it up. The clashes in Trans Mara, Tana River etc. depict the same incapacity to deal with our problems that forced us running for help from the ICC five years ago. 

That IDPs are still languishing in abject poverty five years on tells me that we could still do with a little help in dealing with our internal demons.

I am not rubbishing my countrymen’s plea to pull out, all I am saying is that if indeed we have the capacity to successfully try and prosecute the 2007/2008 perpetrators, don’t just give me the lip service, show me that we can.

An Accidental Blog Post; My Experiences Studying in Maseno University

I was applying for a freelance writing job online, and they needed a 200 word essay on my experiences studying in University. As I was typing the Essay, one thing led to another, and I ended up with a six hundred word essay... enjoy.

I studied Political Science in Kenya’s Maseno University from 2009. Right now, I am waiting to graduate in December. I thoroughly enjoyed my time at the university, where I learnt much about political theory, public policy and political culture. The biggest impact that my university education has had on my life so far is opening my eyes on the political system and culture in Kenya.

As many may be aware, Kenya is a highly fragmented society, divided along tribal or ethnic lines. Kenya did not exist as a polity before the British made it a colony in the early years of the 20^th century, as a result there is little to unite the 43 ethnic communities into one, especially when it comes to politics and general elections that determine who gets to share the “national cake” among the citizenry.

My Political Science degree gave me insight as to why Kenya’s voters are so passionate about voting for their own tribesman into the presidency, since they firmly believe that it is only through doing so that they can guarantee jobs in the public sector, enhanced businesses with the government through tenders, and even government services such as physical infrastructure, hospitals and schools will come to their home areas.

In addition, studying in Maseno University was also a life changing experience for me as a kikuyu. Virtually all of my family and tribe were in the jubilee coalition, headed by the current president Uhuru Kenyatta and his deputy, William Ruto. During my time at Maseno, which is located in the Luo country that was and remains an opposition stronghold, I got to understand why many Luos and Luhyas were against another kikuyu president taking over the reins of government.

 The biggest irony about my experiences in school was that when I went to visit my family in my grandparents’ home in Limuru, is that I was castigated as an ODM/CORD supporter. When I went back to school, I would become a TNA/jubilee supporter by default. At the end of the day, I ended up renouncing my hatred and disregard for Kenyans who support a political party or coalition simply because it belongs to their tribe.

I am more nuanced in how I view tribalism and ethnicity in my country as a result, although I am still appalled by ethnic violence and hate speech caused by politics. Thanks to my studies in Maseno university, I now think that ethnicity cannot be solved by uraia, Kenya Ni Mimi Na wewe sort of campaigns. Neither should it be embraced, since more often than not it leads to violence, demonization and hatred of fellow countrymen, as well as a weaker political system as a whole.

 The solution lies in a stronger civil society that can fight for economic and political rights that will benefit all Kenyans regardless of tribe, stronger political parties, understanding of tribalism and the Kenyan history, and possibly closer cultural and social ties between Kenyans of all tribes and races. Even then, it will probably not be enough. Tribalism is rife in every part of the world, from the united kingdom, the Balkan regions, the Middle East and even North America.

 It is more realistic to start by ensuring no one will ever die as a result of politics or belonging to the wrong tribe, as this happens in 2008 after the disputed presidential elections. A Kenya where majority of people feel more Kenyan than kikuyu, meru or taita is probably decades in the future and a pipe dream at the moment.

PRE-ELECTION VIOLENCE IN KENYA: THE CAUSES, AND FUTURE PROSPECTS FOR THE COUNTRY

Over 200 people have died in this year alone as a result of violence between different ethnic communities in Kenya.

This includes in Tana River delta, Mandera, Borabu, Moyale counties, etc. some of the reasons given by those in the know are the fight over scarce resources, politics and spillage from neighbouring countries. (Ethiopia). As usual, this has led to well-choreographed responses from Kenyans and their government.

Shock. Anger. Sackings. And then the usual promises of investigations. And then we move our shock to the next disaster. And everything is forgotten.

But don’t we have a national cohesion and integration commission (NCIC) meant to ensure that this very violence doesn’t occur? I asked myself. Some little research afterwards, I have discovered that the NCIC actually has even a well-researched and well written forty page policy on this very issue. It is aptly named the Kenya Ethnic and Race Relations Policy, and it can be found on their website.

So why are Kenyans still killing themselves, despite all the peace meetings, government policies, education by NGOs, and experiences Kenya has suffered since 1992, and most recently in 2008? It turns out, we are not learning from the past, we are not implementing the Kenya ethnic and relations policy, and we are not changing the same conditions that led to the bloodletting of 2008. In short, we are being very stupid in how we are handling this ethnic relations business.

The Kenya ethnic and race relations policy, is set on the principle of ethnic and racial inclusion, that is, the idea and practice of deliberately ensuring that people from all ethnic and racial groups resident in the nation are represented in

•     employment,
•     governance structures,
•   planning,
•   development initiatives, 
•   public deliberations, 
•      democratic arrangements,
•       and national educational institutions

I will leave you interpret how successful ethnic and racial inclusion has been carried out in your county, and country.

The country remains deeply divided among ethnic lines. As the respected British historian, Professor Niall Ferguson put it in his popular BBC 2012 Reith lectures; there are two types of countries: the inclusive, and extractive. An extractive society is one in which, the government is used by the ruling elite to grab the economic produce from the country and proportionate it amongst themselves. Indeed, in an extractive society, the government is a tick that feeds on the labour of the people. The society cannot develop to its full potential unless people stop seeing control of the government as essential for their employment prospects, economic wellbeing, security and happiness.

There is little doubt in my mind that Kenya is an extractive society. Many kikuyus believe that losing the control of the government and its coercive arms such as police and military will be the beginning of their end, economically and politically. Other tribes also believe that unless they can ascend to the highest pinnacles of power in this country,the perceived poverty, unemployment and insecurity they suffer in comparison to the tribes in power will not be eased.

What does this have to do with tribally instigated violence in Tana delta, I hear you ask. In my opinion, the new constitution has created 47 bastions that will be under the thumb of the majority tribe after the general elections of 2013. 15% of government revenues will be distributed to all counties, and this money will be under the control of whichever county governments will be in place at the time.

It is this control of the county resources, and the contracts, tenders, jobs and influence that is being fought over. Whichever local elites control counties with the resources such as the richly endowed Tana delta, Lake Victoria, oil resources in northern Kenya etc., will be in a prime position to benefit economically beyond their wildest dreams.

Hence they are prepared to shed blood in their quest for power and riches. In my humble opinion, devolved corruption, impunity, balkanization of the country and power is part and parcel of the new dispensation, although no one wants to talk about it.

Not much can be done to stop this, but the national government has a responsibility to ensure that no Kenyan’s life is lost as collateral damage of these power games. It is this wanton destruction of property, and loss of life that must be stopped. Idealistic peace meetings and other policies such as intermarriage, social contact between tribes and national dress etc. will take time to make a dent and promote cohesion and integration, if not complemented by other “realistic policies.” Power sharing arrangements are another potential solution to violence in the counties. The NCIC has advocated for power sharing in no less than 27 counties in next year’s elections. Some of these counties include Nakuru and Lamu.

In the meantime, the national government should be prepared to put out all stops to enforce security and peace by arresting all local militias, those guilty of hate speech and murder and other crimes, and forcing people to be peaceful in this election period. Unfortunately, one suspects that the central government mandarins are more concerned in securing their immediate and midterm political and economic futures to do much.

peeling back the mask: a quest for justice in kenya- my belated review

The book Peeling Back the Mask: A Quest For Justice In Kenya was written by Mr.Miguna Miguna and published by Gilgamesh Africa in 2012. The book is a political memoir meant to tell the world of Miguna Miguna's experiences from his return from Canada in 2007 to take part in the election campaign of prime minister Raila Odinga, to his acrimonious suspension as advisor on coalition affairs and falling out with the prime minister.

Miguna Miguna is a lawyer by profession who was, from 2008 until 2012 the prime minister’s senior adviser on coalition, legal and constitutional affairs, when he was indefinitely suspended. He had been a practicing lawyer in Canada where he had fled from Kenya after being arrested and tortured as a student leader in the late 1980s.

The book is written chronologically from Miguna's childhood in Magina village, in Nyando to his experiences in high school at Onjiku and Njiiri's high school. From there it tells of his coming of age as a young adult in NYS and university of Nairobi as a student leader. Finally, it details his subsequent arrest, torture in Nyayo house, exile to Tanzania, Swaziland and eventual asylum in Canada. In Canada, he eventually studied law and settled down, establishing a legal practice and engaging in political activism in university on issues affecting the black community in Canada. The book then proceeds to tell of his eventual return to Kenya to a political career in 2007 up to his suspension as advisor on coalition affairs in 2011.

By reading the book, the impression one gets is that MigunaMiguna was always a young man who was focused, extremely confident, well aware of his rights and not afraid to stand up to authority when he felt hisrights had been infringed upon. This insight goes a long way in understanding why Miguna raised so much hell when he was suspended by the right honorable prime minister as his special advisor.

The book’s main thesis is that RailaOdinga is not a reformer as many believe and that he is a nepotistic, incoherent and does nothing to investigate the alleged corruption by some of his aides. Says Miguna: “As this book will, I hope, show, I came to believe that Raila wasn’t honest or ready for the complete overhaul and transformation of the Kenyan society, starting with its leadership and politics. His rhetoric was intended to woo votes so as to ascend to power. Beyond that, he lacked genuine vision and commitment.” He goes further to state that Raila does not value loyalty. Miguna does this by quoting all the experiences he had with the PM in Canada, as an advisor and member of the ODM strategy team prior to the 2007 general elections, the ODM parliamentary nominations, post-election violence and subsequent mediation and setting up of the grand coalition government.

Miguna'sstyle is one of methodically quoting the dates, meetings and events so as to back up his arguments and theories.

Peeling Back The Mask: A Quest For Justice In Kenya comes across as a deeply personal book. It does provide a very thorough insight into the man MigunaMiguna, by detailing the experiences that Miguna went through from childhood till he was indefinitely suspended as the advisor to the prime minister on coalition affairs.

However, reading the “revelations” on the manner of sourcing for campaign funds and pre-election pacts, one gets the feeling that, “I know all this stuff, and sowhat’s your point exactly?”The point on ODM being made up of “KANU orphans” and Raila Odinga being more concerned with achieving power rather than the fighting for democracy, rule of law and natural justice cannot be lost on any casual observer of Kenyan politics since 2002 or even back to the reintroduction of multiparty politics in 1992.

That Miguna blames his lack of knowledge of Raila's true character and how ODM was to behave in the most trying times prior to and after joining the grand coalition government on “naivety and belief that the good was more than the bad.” To me this is just incredible. Miguna must have known what Kenyan politics stood for when he returned from Canada in mid-2007. Kenyan politics is governed by tribalism, backroom deals, opportunism and singular lack of ideological commitment to issues.

My evaluation of Miguna is that once he made his triumphant return to Kenya, despite the many financial, personal and mental sacrifices he made to the cause of Raila Odinga, he could never really fit in. his repeated criticisms of the lack of intellectual depth, planning and debating of issues in the presidential campaign amongst  all candidates and parties, the shoddy way in which the mediation efforts were carried out and the complete dysfunction of the grand coalition government are bemusing. I fail to see what is so surprising to him in all this.

Peeling back the mask: a quest for Kenyan justice is an OK book. The bitterness, the anger and the frustration so palpable while reading chapter after chapter do not dim the intellectual fire, legal sharpness and force of logic that Miguna Miguna brings to the table. Raila Odinga is not the reformer that many in the political class, media and general public purport him to be.

This argument is presented to the final conclusion with admirable intensity of logic and presentation of well-presented facts and evidence. Reading the book, I got the feeling that it needn’t have taken over 600 pages to get many political analysts to get round to that point of view. It is a book that is well written in parts, although many pages are gobbled up by unnecessary information that gets too detailed. However, I would still recommend anyone to read the chapters on the ICC, and how the ODM side of government eventually got to bargain itself into government following the chaos of early 2008.

Anyone hoping to read the book to get a feel of how the “two sides” of government have interacted since 2008, as well as how they came to being will not be disappointed. For those who have little knowledge of how Kenyan politics is carried out prior to elections, and what drives many of the political class to spend so much of their money and resources to get into government, this book is an invaluable resource. But few will change their mind on how they view Kenyan politics and their preferences. At the end of the day, peeling back the mask reveals open secrets on the Kenyan politics. It is all about the eating, and politicians are guided by their own material interests rather than deeper convictions and ideologies. Tribe is the key factor on how Kenyans vote and will vote. No side is better than the other.

And to me, how and if this can ever be changed is the real mask that we should be trying to peel.