Reggae Is Back!

By Victor Ndula Published by the good folks at The Elephant.

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Reggae Is Back!

By Victor Ndula President Uhuru Kenyatta has touted the Building Bridges Initiative (BBI) report as the panacea for peace that will end political and/or election-related violence in . Mr. Kenyatta has not given Kenyans his definition or understanding of peace, but his lines of argument affirm his minimalist understanding of peace or what peace studies (PS) call negative peace. Students of peace studies caricature this concept of peace as akin to peace between the proverbial happy slave and the slave master.

Overall, Mr. Kenyatta’s arguments on peace and political violence in Kenya are based on flawed premises, among them a very naïve essentialist view of ethnicity, and a tunnel vision of Kenya’s social divides. But that is a topic for another day. Rather, this commentary aims to assess whether BBI is a panacea for peace and whether it can prevent political and/or election-related violence in the future. I will comment on the BBI process and analyse who perpetrated the past political violence and why, and then evaluate BBI’s response to that political violence. The article will end with a comment on an observed and horrifying pattern of current events that negates BBI’s proclaimed intentions.

Exclusive process

A core dictum in peace studies, which originates from Mahatma Gandhi’s moral philosophy, is the unity of processes and ends. The dictum posits that the process that is used to engender social change should be consistent with the goal. This means that if the end goal is inclusion, then the process for attaining this goal should be inclusive because an exclusive process cannot attain inclusion.

The BBI process fails this test because it started as an exclusive and opaque process driven by two men, President Kenyatta and Mr. Raila Odinga. For example, out of the 14 members and 2 co- chairpersons who comprised the BBI task force, 9 were political affiliates of either Kenyatta or Odinga. Therefore, one can infer that the process was heavily skewed towards the interests of the two men and all the public hearings were just a ploy to rubber-stamp a predetermined outcome. We can discern this predetermined outcome from the BBI report’s proposals on past political violence.

Sections on political violence

While the BBI report’s proponents tout it as the solution to past political and election-related violence, neither the 2020 edition nor the 2019 draft mentions or analyses the causes of that violence. However, there are three sections that relate to the issue: i) The section on Ethnic Antagonism and Competition (pages 4-5); ii) the section on Divisive Elections (pages 9-12); and iii) the section on Kenya National Guide on Combating Impunity (pages 43-45) in Annex A. However, the latter section deals with disobedience of the law and court orders by senior civil servants and rich Kenyans; it does not address the nexus between impunity and political violence. Therefore, I will assess the other two sections.

The report refers to ethnic antagonism and competition as a “major threat to Kenya’s success”. It then proffers two solutions: inclusion of national unity, character, and cohesion in the school curriculum, and criminalisation of hate speech and of use of violence before and after elections.

Further, the report mentions divisive elections, but the section is baffling because it provides a very simplistic, almost sophomoric, comment on past elections in just two paragraphs on pages 9 and 10. It then blames “foreign models” adopted from “the democratic West” for engendering what it terms “Us versus Them” election competition, with “Us” and “Them” being based on ethnicity. It adds that “lack of inclusivity” is the “leading contributor to divisive and conflict-causing elections”, and claims that Kenyans associate “the winner-takes-all system with divisive elections”.

The report refers to ethnic antagonism and competition as a “major threat to Kenya’s success”. It then proffers two solutions: inclusion of national unity, character, and cohesion in the school curriculum, and criminalisation of hate speech and of use of violence before and after elections.

From these cursory assertions, the section recommends the expansion of the Executive branch to comprise a president, a deputy president, a prime minister, and two deputy prime ministers as the solution. Supposedly, an expanded executive will be “more inclusive” and will not “generate the same bitterness and tensions as we see when the fight is for the position of the President”. The surprising aspect is its reference to “the power-sharing model of the 2008 Coalition Government” as the standard.

The other paragraphs of the section on pages 10 and 12 do not deal with political violence. Rather, they deal with parliamentary representation and the introduction of Mixed-Member Proportional Representation (MMP).

Reading these two sections is really perplexing. Who perpetrated the past political violence in 1992/93, 1997/98, and 2007/2008, and why? Did peasants die in the Rift Valley in 1992/93 and 1997/98 because the country had no prime minister? Did the rural subaltern wake up one day and attack each other because they were ethnically different? Did the rural and urban subalterns die in 2007/2008 because of the winner-take-all system?

Analytical approach

This article applies a peace studies framework to understanding how the form of violence that occurred in Kenya in the 1990s and 2007/2008 is organised. The framework postulates that the social construction of political violence is a discursive process that is based on five pillars. First, violence organisers discursively construct boundaries of exclusion using pre-existing markers such as ethnic, racial, cultural, linguistic, or religious identities. Second, they rally the common identity within the exclusion boundary around imminent “threats” or “dangers”. That is, they articulate threats and victimhood narratives within the constructed boundaries. Third, they target those outside the constructed boundary as the “threats” and the “enemy-other”, and they demonise and dehumanise them. Fourth, they discursively renegotiate norms of violence. And fifth, they suppress counter-hegemonic and anti-violence voices.

This social construction of violence requires moments of social uncertainty, especially political and economic crises. Using this framework, the pattern of violence in the 1990s was pretty straightforward.

Moments of uncertainty

Over the years during the Jomo Kenyatta and Daniel arap Moi regimes, Kenya became a full-blown autocracy where the party, government, and civil service essentially fused into a single hierarchical structure of power under the personal control of the president. The system was opaque and centralised around the personality of the president. As a result, political practice revolved around personalities and one-on-one closed-door dealings, instead of a predictable public stand on policy issues and coherent ideological positions. The system was a spiral pyramid of patron-client relations, with the president at the apex as the chief patron. Below the president were his clients at the provincial and district levels, who functioned as patrons in the regions.

The institutions of patronage were financed by grand corruption, and buttressed by top-down political tribalism in which regional clients claimed to speak for “unified” ethnic groups. The overall system functioned like a retail market in which political leaders dispensed money, opportunities, and “development” in exchange for blind loyalty. Some scholars have referred to this style of controlling a country as retail politics.

The system was reinforced by political intimidation and instruments of repression, including detention laws and political assassinations. Therefore, those who articulated and pursued alternative forms of organisation, especially social class mobilisation, were either intimidated, imprisoned on trumped-up charges, detained without trial, or assassinated.

When the struggle for multiparty democracy intensified in 1990/91, the Moi regime turned to these oppressive methods. Thus, the police violently repressed public protests in and its environs, killing at least 50 young men. Some democracy proponents were detained, others run away into exile, and publications supporting pluralism were banned.

The institutions of patronage were financed by grand corruption, and buttressed by top- down political tribalism in which regional clients claimed to speak for “unified” ethnic groups. The overall system functioned like a retail market in which political leaders dispensed money, opportunities, and “development” in exchange for blind loyalty.

However, the demand for democracy coincided with two factors. First, worsening economic performance and, thus, a decline in revenue and resources for buying loyalty. Second, a greater international concern over human rights violations, which limited the use of formal repression. The resultant political and economic crises created a moment of social uncertainty that shook the Moi regime. In turn, the regime changed its strategies for the looting of the state and enforcing informal forms of repression. Organised political violence

The central plank of informal repression was unleashing “ethnic” militias and gangs on the innocent civilian population. At first, a group of senior government ministers and KANU politicians would hold a series of public rallies in certain geographical locations, especially in the Rift Valley. The dominant message in these rallies would be hate narratives centred on nativist thinking and autochthonous notions of identity. The narratives would disparage national citizenship and its accompanying rights and instead divide the population into two groups: natives (indigenous or locals) and guests (settlers, immigrants or outsiders). Framing the latter as threats, they would demonise and dehumanise the “guests” as the “enemy-others”. Then they would threaten violence against them. To suppress anti- violence voices, they would label natives who rejected such violence as “ethnic traitors”.

Subsequently, armed militias would attack the innocent civilian population. In some instances, the militias would be dressed in “traditional clothes” and would be carrying “traditional weapons” to disguise the killings as ethnic. Thereafter, government officials, the police, and the pliant media would portray the killings as spontaneous “ethnic clashes” or “land clashes”.

To reinforce the “ethnic clashes” narrative, President Moi would appear in public in a foul mood and accompanied by the same politicians who had organised the violence. He would lecture Kenyans about peace, portray the country as an island of peace in a region of anarchy, claim credit for that peace, and then blame the opposition and the victims. A few days later, an opposition politician or activist would be arrested. This was the pattern in the 1992/93 and the 1997/98 violence.

Therefore, Uhuru Kenyatta and his BBI brigade are dead wrong. The 1990s violence was not ethnic or “tribal”; it was not about ethnicity or cultural or linguistic differences. Rather, it was politically organised and the villains were senior politicians and bureaucrats in the Moi regime. Incidentally, the chairman of the BBI process, Mr. Mohamed Yusuf Haji, was the Rift Valley Provincial Commissioner at the time, while another BBI member, Mr. Amos Wako, was the Attorney-General. Further, the impunity enjoyed by the implicated politicians partly contributed to the violence of 2007/08.

Actually, studies on the 2007/08 violence have noted that President Mwai Kibaki’s biggest failure was his inability to dismantle the structures of informal violence, and their supporting discursive practices, which emerged in the 1990s. Instead, these structures of extra-state violence diffused during the NARC era such that by 2007, politicians were patronising and funding urban gangs that had emerged as a result of autonomous processes of urbanisation, unemployment, and the vacuum of control in urban areas. A key consequence of this impunity was the erosion of confidence and trust in state institutions, especially security and electoral institutions. It is this mistrust that predisposed politicians and their supporters to view elections as a do-or-die zero-sum game.

To reinforce the “ethnic clashes” narrative, President Moi would appear in public in a foul mood and accompanied by the same politicians who had organised the violence. He would lecture Kenyans about peace, portray the country as an island of peace in a region of anarchy, claim credit for that peace, and then blame the opposition and the victims.

In other words, the 2007 election turned disastrous due to the convergence of several factors. Among these was President Kibaki’s failure to address impunity and the discursive practices of the 1990s. Another factor was the intensification of ethnic mobilisation and the generation of new hate narratives by all political formations.

Studies show that vernacular FM radio stations were some of the main propagators of the hate campaigns. For example, a Rift Valley-based vernacular FM station aired materials of a xenophobic nature against the Kikuyu, while FM stations from Central Kenya promoted a siege mentality and disparaged members of the Luo and Kalenjin communities. Studies have also documented some Central Kenya FM radio stations framing one presidential candidate as a murderer and a latter-day Idi Amin Dada.

In essence, therefore, the so-called “tribal violence” and “tribal divisions” are not a reflection of conflicts between distinct and well-organised cultural communities. Rather, they are outcomes of deliberately organised political violence. Indeed, there are reliable reports that have recommendations on these issues, including the Truth Justice and Reconciliation Commission (TJRC) report, the Waki report, and the Kriegler report. Similarly, the 2010 Constitution established several independent institutions to address these issues. It’s quite revealing that Mr. Kenyatta chose the BBI instead of implementing these reports or strengthening the existing independent institutions, including the National Cohesion and Integration Commission (NCIC).

Not a peace document

Even though its proponents have hailed the BBI report as being the pathway to peace, it is evident that there is no linkage between the report’s recommendations and the quest for peace and an end to political violence in Kenya. The section on divisive elections proposes an expanded executive and cites the power-sharing model of the 2008 Coalition Government as the reference point. Yet that model was extremely shaky and the prime minister was always complaining.

However, this proposal is horrifying for more fundamental reasons. First, it does not address state- orchestrated violence and impunity that have been the bane of Kenya’s politics since 1990.

Second, nothing in the proposals nor the entire BBI report would stop the losing candidates from perpetrating violence.

Third, the report assumes good faith on the part of the appointing authority and presumes that the president, deputy president, prime minister, and deputy prime ministers will come from different ethnic groups. But good faith cannot be legislated, as President Kenyatta has demonstrated through his multiple actions and omissions that have violated the 2010 Constitution, and his contemptuous disregard of the current Deputy President, William Ruto, since 2018.

Fourth, the proposed expansion of the Executive is perilous as it will validate and reify ethnic boundaries because ethnicity is the assumed basis for allocating the added executive positions. A key lesson from the 2008-2013 era is that the key players in the coalition government became the chief proponents of ethnic mobilisation, hate speech, and impunity in both the 2013 and 2017 elections.

Fifth, the proposal to appoint ANY of the MPs from the majority party or coalition of parties to be prime minister and any other persons as deputy prime ministers is a recipe for factional fighting because it undermines the authority of political parties to choose their own representatives.

Sixth, the proposed structure will perpetuate the current patron-client system and codify the president’s ability to entrench patrimonial and clientilist rule. Indeed, it echoes the late Mobutu Sese Seko’s strategy in Zaire of co-opting would-be opponents, letting them feed at the state trough, rotating them in and out of office, and encouraging them to become wealthy through corruption to neutralise them. But as the collapse of Mobutu’s Zaire shows, such a strategy does not foster durable peace.

The section on ethnic antagonism and competition proposes the inclusion of national unity, character, and cohesion in the school curriculum. But it is baffling how this will stop impunity, top- down political tribalism, or stop the clients of a president from perpetrating violence when it suits them.

Also, the section recommends criminalisation of hate speech and of the use of violence before and after elections. This is equally bizarre because both hate speech and the use of violence during elections are already criminal under current laws. However, hate speech and threats of violence remain rampant in the country primarily due to impunity and selective application of the law. Indeed, there is a horrifying pattern of political practice that outrightly negates BBI’s proclaimed intentions.

Current observations

Keen observation of current events shows that President Uhuru Kenyatta is using the 1990s playbook. His handshake rapprochement with Raila Odinga split his Jubilee Party into two wings. Since then, his Jubilee wing has been consistently articulating threats and narratives of victimhood. They are always demonising and dehumanising the targeted “enemy-other”. They are subtly and discursively renegotiating the norms of violence, and they are blatant in their attempts to suppress alternative voices.

Kenyatta’s Jubilee wing, its Orange Democratic Movement (ODM) handshake partners and its social media bloggers are the most militant hatemongers in Kenya today. Further, politicians and state bureaucrats close to the president have been identified as the planners and financiers of incidents of political violence that have been witnessed in different locations this year. One can infer that the failure of the police and the NCIC to hold any of them to account is a dead giveaway.

Meanwhile, the president is always lecturing Kenyans about peace, praising the handshake as a precursor to peace, and accusing others of threatening peace. Four examples centred on Kenyatta and the interior ministry will illustrate these observations.

Example 1

On 29 October 2020, The Standard and The Star quoted Kenyatta’s self-styled adviser and Jubilee Vice Chairman, David Murathe, criticising the Deputy President, William Ruto. Referring to Ruto as an “outsider” in the Mt Kenya region, he accused the deputy president of radicalising the youth in the region using the rich-poor narrative and compared the narrative to the re-invention of the outlawed Mungiki sect. Murathe’s argumentation strategy was not just articulating threats and victimhood and demonising Ruto and those who support him; he was subtly raising and justifying the spectre of state violence against the deputy president’s supporters the way previous administrations dealt with Mungiki adherents.

Example 2

On 21 October 2020, the Daily Nation quoted Uhuru Kenyatta rebuking the Abagusii people for not protecting their “son”, Interior Cabinet Secretary Fred Matiang’i, from insults by “outsiders”. His argumentation strategy was in reality articulating four things. First, he was constructing a boundary of exclusion around ethnic identity by classifying the population into “locals” and “outsiders”. Second, he was articulating a victimhood narrative that was portraying Matiang’I, and to an extent the “locals”, as victims of those he was demonising as “outsiders”. Third, he was privileging ethnic identity and diminishing national identity. And fourth, he was renegotiating the norms of violence so that the “locals” would use “defence of their son” as their justification if violence erupted. Example 3

On 13 October 2020, the media quoted Fred Matiang’i speaking in Nyamira, which he called his “home”. In his speech, he admonished “outsiders”. While his remarks were directed at Deputy President William Ruto, he, in essence, sought to emphasise the Kisii ethnic identity over Kenyan national identity, erect a boundary of exclusion around the ethnic identity, and portray “locals” who supported those he was calling “outsiders” as ethnic traitors.

Example 4

On 4 October 2020, a group of hired youth attempted to violently disrupt a church function graced by the deputy president at Kenol in Murang’a. Instead of arresting the youth, the police violently dispersed the locals and fired tear gas canisters at innocent civilians in the church. The few violent youths whom the local people arrested confessed in front of cameras that they had been hired by well-known Kieleweke politicians from Murang’a. Further, the organisers of the event publicly claimed that some bureaucrats from the Office of the President financed the perpetrators.

Kenyatta’s Jubilee wing, its Orange Democratic Movement (ODM) handshake partners and its social media bloggers are the most militant hatemongers in Kenya today. Further, politicians and state bureaucrats close to the president have been identified as the planners and financiers of incidents of political violence that have been witnessed in different locations this year.

While the media framed the violence as a “clash between two rival groups” to create the impression of spontaneity, the police initially blamed two MPs who are not favoured by the regime. A few days later, the National Security Advisory Council (NSAC), comprising the same bureaucrats who had been mentioned as the financiers of the violence, lectured Kenyans about the government’s commitment to peace and security. The NSAC then blamed the deputy president’s political wing and revived the discarded Public Order Act to curtail his activities.

Subsequently, the police blamed politicians from “both sides”, but they never explained why no one was arrested or why the NCIC had not acted. Incidentally, a careful reading of Article 7 (1) (a) of the Rome Statute shows that the violence in Murang’a had all the elements of what would qualify as a crime against humanity.

Conclusion

The BBI report is not a document for ending political and/or election-related violence or building durable peace in Kenya. The relevant sections ignore the causes and consequences of past political violence. Instead, the report invents “ethnic antagonism and competition” and “divisive elections” as challenges and hastily jumps to the expansion of the Executive as the solution. Therefore, the only inference that one can draw is that the purpose of the BBI process is to recommend the expansion of the Executive.

Moreover, there is a pattern that shows that the president and his acolytes have borrowed from the 1990s playbook on politically-instigated violence. But they would do well to remember that the widespread use of informal violence, massacres, new wars, and genocides in the 1990s led to the development of international norms, standards, and instruments to deal with these challenges. These norms and standards include those codified in the Rome Statute, whose institutional representation is the International Criminal Court (ICC). Therefore, under the command responsibility principle, the president, senior officials in the interior ministry and state security forces can be held to account for crimes under international law that could result from their court jesters’ hate-mongering and informal violence mobilisation.

Published by the good folks at The Elephant.

The Elephant is a platform for engaging citizens to reflect, re-member and re-envision their society by interrogating the past, the present, to fashion a future.

Follow us on Twitter.

Reggae Is Back!

By Victor Ndula

I have resisted commenting on the recently launched Building Bridges Initiative (BBI) report, mainly because in Kenya today if you oppose the BBI, you are labelled as being in Deputy President William Ruto’s camp, and if you support it, you are seen as being on the side of President Uhuru Kenyatta and his new ally, former opposition leader, Raila Odinga. And since I do not belong to either of these groups, I was afraid that by commenting on the report, I might inadvertently be labelled pro-Uhuru or pro-Ruto.

Critics of the BBI have mainly focused on whether amending the constitution through the BBI process is, in fact, unconstitutional as it would bypass many of the requirements for amending the 2010 constitution, which are onerous and virtually impossible to fulfill without a national consensus. Some critics, like the Kenya Conference of Catholic Bishops, say that by giving the president power to appoint a prime minister and two deputy prime ministers, the BBI is calling for a return to an imperial presidency.

On the other hand, supporters of the BBI – particularly the “handshake” stakeholders and many commentators in the mainstream media – have lauded the BBI for being the magic pill that will unite the country and spur social and economic development.

Intellectual surrender

Having now read the abridged version of the BBI report, I can conclusively say that it has failed to address the biggest crisis facing this country – that of poor leadership. The most offensive and egregious section of the report is undoubtedly the opening Validation Statement, which places the responsibility for all that is wrong with this country squarely on the shoulders of Kenyans – not on our leaders, who got us into the mess we are in in the first place.

The report states: “Kenyans decried the fact that Kenya lacked a sense of national ethos and is increasingly a nation of distinct individuals instead of an individually distinct nation. And we have placed too much emphasis on what the nation can do for each of us – our rights – and given almost no attention to what we each must do for our nation: our responsibilities.”

As Wandia Njoya pointed out in a recent article, what the BBI has effectively done is told Kenyans that they are to blame if their rights are violated. And if moral and ethical standards have dropped across the country, it’s not because the country’s politicians have lowered moral and ethical standards and have set a bad precedent, but because Kenyans just don’t know how to behave properly. It’s called blaming the victim.

It suggests that Kenyans are somehow wired to be evil or corrupt, that decades of state-inflicted brutality against citizens – an offshoot of a neocolonial dispensation where citizens are treated as gullible and exploitable subjects – has nothing to do with the culture of impunity we find ourselves in. That the contemptuous way in which we are treated by state institutions – at police stations, in public hospitals, in government offices – is somehow our fault. And that the example of how to behave was not established by the state and its officials that consistently fail to deliver justice to Kenyans and turn a blind eye to violence committed by state and security organs, especially against the poor. Remember, this is a country where a chicken thief can end up spending a year in jail, but a minister who has stolen billions from state coffers can get away scot-free.

Njoya writes:

We are told that discussing history is blaming colonialists and refusing to take responsibility for our own actions. That discussing ethnic privilege and patronage is attacking every single member of that ethnic group. That discussing patriarchy is blaming men. That explaining systemic causes of problems is explaining away or excusing those problems. Every public conversation in Kenya is a war against complex thinking. We have reached the point where Kenyan public conversations are pervaded by this system of intellectual simplification.

Hence the BBI’s proposal to set up a new commission to address “indiscipline in children, breakdown of marriages and general erosion of cultural values in today’s society”. Presumably, this commission will take on the role of parents, school teachers and community leaders “by mainstreaming ethics training and awareness in mentoring and counselling sessions in religious activities and through community outreach programmes”.

What is being implied here is that if only Kenyans were more religious, they might not behave so badly. (I wonder if the drafters of the report know that Kenyans are among the most religious people in the world. Yet we are consistently ranked as among the most corrupt countries on the planet.)

The BBI report recognises that ethnic divisions have polarised the country, but it does not acknowledge that ethnic polarisation is the result of a political leadership that forms opportunistic tribal alliances for its own advantage and is happy to pit one ethnic community against another in order to win elections.

Moreover, its recommendations on how to reduce ethnic animosity appear to be based on the idea that if you force different ethnic communities to live in close proximity to each other, Kenya will miraculously become a society where all ethnic groups live together in peace and harmony.

There is also this misguided belief that if the people in authority are from an ethnic group that is distinct from the ethnic group that these people lord over, there will be more accountability (a model borrowed from the Kenya Police and the colonial and post-colonial district and provincial commissioners’ templates). Hence the Ministry of Education should “adopt policy guidelines that discourage local recruitment and staffing of teachers”.

Many sociologists and behavioural scientists might argue that, in fact, if you want more accountability and cohesion in a community, the leadership should come from that same community. So, for instance, if police officers belong to the same ethnic community that they serve and protect, they are more likely to be more accountable to that community because any signs of misconduct on the part of the officer will be perceived as having a direct bearing on the welfare of that community. A bribe-taking officer is more likely to be reprimanded by his community because it is his community that suffers when he takes a bribe. A Kalenjin police officer posted in Malindi, for instance, will not care what the Giriama community he is extorting bribes from or is brutalising think of him because he is not part of them and is not accountable to them or to their community leaders and elders. This accountability is further diminished by the current practice of police officers regularly being transferred to different localities.

Similarly, in schools, particularly those in remote or marginalised areas, it is important that the teachers be from that community because they also play the role of mentors and role models. We are more likely to follow in the footsteps of someone who looks like us and who has a similar history than someone who doesn’t. Which is why Vice President-elect Kamala Harris has opened the doors to leadership for so many girls and women of colour in the United States.

This is not to say that the BBI report glosses over the problems facing marginalised communities. On the contrary, it makes it a point to highlight that “the marginalised, the under-served and the poor” are suffering and are in urgent need of “an immediate helping hand and employment opportunities to help them survive”. What the report fails to recognise is that the Constitution of Kenya 2010 was designed to ensure that such communities are not condemned to perpetual poverty. Devolution was supposed to sort out issues of marginalisation by ensuring that previously marginalised communities and counties are empowered to improve their own welfare. By making them recipients of hand-outs, the BBI has added insult to their injury.

Thankfully, the report does recommend that previous reports by task forces and land-related commissions, including the Ndung’u Land Commission and the Truth, Justice and Reconciliation Commission (TJRC), be implemented. My question is: If President Uhuru Kenyatta did not implement the recommendations of the TJRC, which handed its report to him in May 2013 shortly after he assumed the presidency, what guarantees do we have that he and his BBI team will implement the recommendations now? The president has also failed on his promise of a Sh10 billion fund for victims of historical injustices. What has changed? Clearly not the leadership (and here I mean the entire leadership, not just Uhuru’s).

Silences and omissions

Moving on to another marginalisation issue: women’s representation. We all know that Parliament has actively resisted the two-thirds gender rule spelled out in the constitution. So what epiphany has occurred now that suddenly there is an urgent desire to include more women in governance institutions? If Parliament had just obeyed the constitution, there would not be a proposal in the BBI to ensure that no more than two-thirds of members of elective or appointive bodies be of the same gender. It would be a given.

And yet while BBI gives with one hand, it takes with the other. The BBI task force proposes that the position of County Women’s Representative in the National Assembly be scrapped.

What’s worse, the BBI actually appears to welcome the recommendation of “some Kenyans” that Independent Electoral and Boundaries Commission (IEBC) commissioners be appointed by political parties. Really? If you think that the 2007, 2013 and 2017 elections were fraudulent and chaotic, then wait for serious fraud and possible violence in an election where the electoral body’s commissioners represent party interests. (If I had my way, I would disband the IEBC altogether and put together a non-partisan body comprising foreign officials to run elections in this country. Maybe then we would have some hope of a free, fair and corruption-free election.)

The BBI is also silent on the role of the IEBC in vetting candidates, and ensuring that they adhere to Chapter Six of the Constitution on leadership and integrity. Let us not forget that many of the candidates in the last two elections had questionable backgrounds, and some were even facing charges in court. Why did the IEBC not ensure that those running for office had clean records?

On the economy, or what it calls “shared prosperity”, the BBI, emphasises the role of industry and manufacturing in the country’s economic development but is silent on agriculture, which currently employs about half of Kenya’s labour force and accounts for nearly 30 per cent of Kenya’s GDP, but which remains one the most neglected and abused sectors in Kenya. It’s a miracle that our hardworking and much neglected farmers are able to feed all of us, given that they receive so little support from the government, which consistently undermines local farmers by importing cheap or substandard food and by providing farmers with few incentives.

Besides, it is highly unlikely that Kenya will become a factory for the region, let alone the world, like China, because it simply does not have the capacity to do so. Why not focus on services, another mainstay of the economy?

The BBI also talks of harnessing regional trade and cooperation and sourcing products locally but, again, we know this is simply lip service. If Uhuru Kenyatta’s government was keen on improving trade within the region, it would not have initiated a bilateral trade agreement with the United States that essentially rubbishes and undermines the country’s previous regional trade agreements with Eastern and Southern African countries and trading blocs.

On the yoke around every Kenyan’s neck – corruption – the BBI’s approach is purely legalistic and administrative. It wants speedy prosecution of cases involving corruption and wastage of public resources and it wants to protect whistleblowers. (Good luck with the latter. In my experience, no whistleblower protection policy has protected whistleblowers, not even in the United Nations.)

BBI also wants to digitise all government services to curb graft. But as the economist David Ndii pointed out at the recent launch of the Africog report, “Highway Robbery: Budgeting for State Capture”, if corruption is built into the very architecture of the Kenyan government, no amount of digitisation will help. Remember how the Integrated Financial Management Information System (IFMIS) was manipulated to steal millions from the Ministry of Devolution in what is known as the NYS scandal? Computer systems are created and run by people, and these people can become very adept at deleting their digital footprints from these systems. As the former Auditor-General, Edward Ouko, pointed out, when corruption is factored into the budget (i.e. when budgets are prepared with corruption in mind), corruption becomes an essential component of procurement and tendering processes. So let’s think of more creative and innovative ways of handling graft within government.

Which is not to say that the BBI task force has not struggled with this issue. There are various proposals to amend public finance laws to make the government more accountable on how it spends taxpayers’ money. But we know that these laws can be undermined by the very people responsible for implementing them, as the various mega-corruption scandals in various ministries and state institutions have shown.

A Trojan horse?

Many Kenyans suspect that perhaps the real and only reason for the BBI is that it will allow for the creation of new powerful positions – such as that of prime minister to accommodate both Raila Odinga and Uhuru Kenyatta – and will set the stage for a return to a parliamentary system of governance instead of the current presidential “winner-takes-all” system. But while the latter might appear to be a worthwhile endeavour, the fact that former opposers of the new constitution and the parliamentary system now appear to be endorsing both suggests that there is something more to this than meets the eye. As Prof. Yash Pal Ghai has repeatedly stated, the constitution endorsed at Bomas was premised on a parliamentary system and was only changed at the last minute to accommodate a presidential system. That is how we ended up where we are now.

It also appears strange that those who benefitted most from the presidential system now want to change the constitution. As Waikwa Wanyoike, put it:

Worse, those hell-bent on immobilising the constitution have done so by conjuring up and feeding a narrative that it is an idealistic and unrealistic charter. Because they wield power, they have used their vantage points to counter most of the salutary aspects of the constitution. Uhuru Kenyatta’s consistent and contemptuous refusal to follow basic requirements of the constitution in executing the duties of his office, including his endless defiance of court orders, stands out as the most apt example here.

Yet all this is calculated to create cynicism among Kenyans about the potency of the constitution. Hoping that the cynicism will erode whatever goodwill Kenyans have towards the constitution, the elites believe that they can fully manipulate or eliminate the constitution entirely and replace it with laws that easily facilitate and legitimise their personal interests, as did Jomo Kenyatta and Moi. If indeed we want to go back to a parliamentary system through a referendum, then we should hold the referendum when the current crop of politicians (some of whom, including Uhuru Kenyatta and William Ruto, were opposed to the 2010 constitution in the first place) are not in leadership positions because many Kenyans simply don’t trust them to do what is in Kenyans’ best interest. After all, a fox cannot be relied on to guard a chicken coop.

Already the president has urged Parliament to pass laws that conform to the BBI proposals – this even before the proposed referendum that will decide whether the majority of the country’s citizens are for or against the BBI’s raft of recommendations. In other words, the BBI proposals may become laws even before the country decides whether these laws are acceptable and are what the country needs.

Are the goodies proposed in the BBI, such as providing debt relief to jobless graduates and allocating a larger share of national revenue to the counties, just enticements to lure Kenyans onto the BBI bandwagon so as to ensure that the current political establishment consolidates its hold on power? Is the BBI a Trojan horse disguised as a guardian angel? Only time will tell.

One possibility, however, is that a groundswell of public opinion against the BBI might just overturn the whole process.

Published by the good folks at The Elephant.

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Reggae Is Back!

By Victor Ndula Deputy President William Samoei Ruto has hit the campaign trail hard. He has provocatively billed the next presidential election the “hustlers versus dynasties” duel, which broadcast journalist Joe Ageyo thinks is new to Kenya’s politics.

In a Citizen TV talk show, Ageyo suggested that Ruto might be doing politics differently, mobilising and organising his political base along the dominant social-economic cleavages, and not the usual ethnic-regional conundrum – often presented as transient ethnic kingpin coalitions during general elections.

Certainly, Ruto’s invocation of an existing socio-economic cleavage between those in power and unemployed youth lends Kenya’s notoriously ethnicised politics a class overtone. Has William Ruto, a wealthy, self-styled born-again Christian politician, whose long political journey that began earnestly as the organising secretary of the surreptitious Youth for Kanu 92 (YK’92), undergone a Road-to- Damascus-like political conversion? Or is this vintage Ruto, grabbing any opportunity he can find to ruthlessly pursue his interests to achieve his lifelong dream of becoming president?

Hustler nation

Speaking in Nyamira County recently, Ruto said, “Some people are telling us sons of hustlers cannot be president. That your father must be known. That he must be rich for you to become the president. We are telling them that even a child of a boda boda or a kiosk operator or mtoto wa anayevuta mkokoteni (child of a cart pusher) can lead this country.” In a country that is tottering on the brink of economic meltdown, a youth budge and political despair, this is music to the ears of a desperate youthful population.

The deputy president’s chief critics remind him that surnames have hardly ever handicapped one’s presidential ambitions. Jomo Kenyatta, Daniel arap Moi, and Mwai Kibaki’s became president, and their fathers’ names were totally unknown to Kenyans. Only Uhuru Kenyatta, who Ruto ably assisted to win the presidency in the last two presidential elections, has a father who is known to Kenyans because he was the country’s first president.

Ruto, the self-styled spokesman of “the hustler nation,” also stated, “On dealing with hustlers, Raila should leave that to me. He does not understand the plight of hustlers. He is the son of a vice president and he was born being driven around.”

So why does Ruto proudly claim to be the “hustler-in-chief”? Hustler means different things to different people, but for many Kenyan youth, it signifies humble beginnings or means of eking out a living – respectable or otherwise. Being a hustler means one has found a way to stay afloat, particularly in hard economic times. The ambivalent feelings this word evokes match the legal and moral ambiguities that Ruto has built around his political career.

The deputy president has the gall to identify with the very youth whose present and future the Jubilee government has committed to misery by mismanaging the economy. He is appealing to youthful voters who will comprise the majority of first-time voters in 2022.

Wheelbarrownomics

But more than assuming their identity, what the deputy president has ably done is to locate the youths’ anxiety: their discontentment and deep frustration with the government. Frederick Kariuki, 29, a qualified accountant and a budding entrepreneur in Nairobi, is the latest convert to the political movement that is seemingly sweeping the country: The Hustlers. He told us that Ruto’s “wheelbarrownomics” (a word coined by Kenyan economist David Ndii) has struck the right note with the youth who believe Ruto could be their saviour.

“Those talking ill of the wheelbarrow gifts are pretenders to middle class, pedantic mandarins associated with President Uhuru’s wing of the Jubilee Party that is fighting Ruto. After lying to youth during the 2017 presidential campaigns, afraid and embarrassed by the swelling hordes of youth without work who are threatening to explode, the government belatedly came up with kazi mtaani (casual wage labour). What is the difference between kazi mtaani, where college graduates are being supplied with slashers for cutting grass and paid 400 shillings (which is still stolen from them) and Ruto’s dishing of wheelbarrows and push carts?” posed Kariuki.

The deputy president has the gall to identify with the very youth whose present and future the Jubilee government has committed to misery by mismanaging the economy. He is appealing to youthful voters who will comprise the majority of first-time voters in 2022.

“Ruto has correctly seized the moment to sell his hustler narrative, which has caught on like bush fire, even if it means bringing down a government he helped install in power. And why not? He has outwitted his nemesis through his tactical political manoeuvres and that’s what realpolitik is all about.

“A wheelbarrow costs 4,000 shillings and a pushcart 20,000 shillings. A cursory visit to Nairobi markets – Gikomba, Githurai and Marigiti – will show you what difference a wheelbarrow can make to a fruits’ hawker. The wheelbarrow is what many youth are using to hawk their wares. Many a youth in the ghetto, hoping to enter into the business of selling water, cannot because they simply can’t raise 20,000 shillings. Ruto then comes along and gives you a push cart. Between kazi mtaani and wage labour of unguaranteed 400 shillings, which would you rather have? What has President Uhuru’s government and those politicians criticising Ruto offered the youth? Nothing. They should keep quiet. I’ll be voting Ruto very early in the morning and pushing his agenda between now and 2022.”

Muigai, a friend from Fly Over, which is 50 kilometres from Nairobi and on the Nairobi-Nakuru highway, returned to the country just after the 2017 double presidential elections. Despite being armed with a college degree from a prestigious university, he has yet to find work. He was full of expectations; at 24 years of age, he believed the world was his oyster. But every single day, he sees his word crumbling before him.

His relatives encouraged him to come back home because they believed that Uhuru Kenyatta would create jobs for the youth, especially Kikuyu youth. “Since returning home, I’ve seen my family’s increasing disenchantment with President Uhuru Kenyatta,” said Muigai.

“At Soko Mjinga Market, the wheelbarrow is king, and they dare criticise Ruto? What has Uhuru himself offered other than destroying our businesses?” asked Muigai’s angry maternal uncle. “The Building the Bridges Initiative? They may say all they want about Ruto, that’s the person we’ll be voting for and we cannot wait to do it. The Kenyatta family will know we’re no longer their slaves.”

The underdog narrative

When Ruto teamed up with Uhuru in 2013 to form the Jubilee coalition, he wore shirts emblazoned with the president’s name. In April 2011, Mama Ngina Kenyatta, at Gatundu Grounds at the Kenyatta family’s ancestral home in Kiambu County, lay hands on her son Uhuru and his International Criminal Court (ICC) co-accused William Ruto after stating: “I’m sure Uhuru and Ruto will go to The Hague and come back so that we can proceed with nation building.”

Ruto had already set his eyes on the prize: the presidency. He was supposedly the smarter one of Jubilee’s so-called “dynamic duo” who reeled off “facts and figures” at political rallies as he rode on Uhuru’s back, family name, and deep-state connections to the State House. For a man who was tried at the ICC for crimes against humanity, allegedly for his role in the 2007/8 post-election violence against the Gikuyu walala hoi of Rift Valley region, he has successfully circumvented the established Gikuyu elite gatekeepers since 2013, and won the hearts and minds of a significant cross-section of the Gikuyu rank and file.

“I’m from Ishaweri, in Gatundu and I can tell you, there’s nothing to report home about the president coming from our midst,” said Peterson Njuguna. “The Gatundu youth spend their time drinking illicit liquor, loitering and engaging in petty crime. In Gatundu, poverty glares you in the face. Why? The president cares less about them. He doesn’t know who they are, he’s least bothered whether they drink themselves to death or not, and here he and his minions are criticising Ruto who dares to give the youth some equipment.

Ruto had already set his eyes on the prize: the presidency. He was supposedly the smarter one of Jubilee’s so-called “dynamic duo” who reeled off “facts and figures” at political rallies as he rode on Uhuru’s back, family name, and deep-state connections to the State House.

“The Kenyatta family is so mean, they never mix with anyone, leave alone offering any kind of help or hope. But they will be quick to rubbish anyone who seemingly steps in to do something. So what if Ruto is doing it for politics? What has Uhuru himself done for politics? I’ve heard some Kenyans ask: how many wheelbarrows can you give people? Here is a government that promised the youth jobs and more jobs under their watch. Instead what happened? They have systematically presided over the destruction of the economy, so that they can offer slashers to graduates and President Uhuru loyalists have the temerity to talk about Ruto’s symbolism. Uhuru should just go home and leave us alone. We can’t wait for him to bring along the BBI, that’s the day he’ll know the fury of an awakened lot.”

Ruto’s love for his hustler tag dovetails with his “chicken-seller-who-became-president” fib. With every media appearance featuring a jua kali artisan, a wheelbarrow, or an evangelical clergyman, his public image is that of a God-chosen wretched of the earth’s presidential candidate in 2022.

An evangelical group of Christians in Nairobi who have already aligned themselves with Ruto’s campaign told us that the deputy president is indeed “a fearful man of God and God is prepping him to take over the reins of power after Uhuru Kenyatta. His wife (Rachel) is a prayerful woman and they have even erected an altar of the Lord in their house, so they wake up at night to fervently pray and commune with God”.

The group reminded us that Ruto has been very helpful to churches, contributing to their expansion and growth. The group did not seem to be bothered by the source of the money: “It is not for us to judge, the temple of the Lord is for all of us – the righteous and the wicked. At the end of the day, it’s God to judge. There are people who talk a lot, yet we’ve never seen what they have done for the house of God.”

The deputy president casts himself as the rich and powerful politician who rose from selling chicken to the dizzy heights of the presidency. His grass-to-grace underdog narrative, his “humble” birth vis- à-vis his rivals’ “privilege”, and his difficult childhood encapsulate the identity, dreams and aspirations of millions of unemployed youth. Like Donald Trump in 2016, he is using the rhetoric of the “outsider” who has come to save an underclass trampled on by the undeserving upper class.

Ruto has set the political tone of the 2022 presidential election; the rest are merely reacting to it. Ruto’s presidential campaign has seized on something that resonates with many, especially the have- nots in difficult economic times. The “hustler’s narrative” serves Ruto’s campaign as a moral allegory for anyone who loves a good underdog story.

The narrative has also cast Ruto as the would-be saviour of the Kenyan have-nots, someone who feels and knows their suffering. He is the God-fearing, battle-ready general, leading the war against the Raila Odinga-aided Kenyatta family political gimmicks. It sets the hungry underclass against the Uhuru-Raila attempts to monopolise Kenya’s state power and economy through the Building Bridges Initiative (BBI).

No one exemplifies the success of this hustler narrative than the Ngara Market traders, who specialise in second-hand (mitumba) clothes in downtown Nairobi. When we paid them a visit on one sunny Saturday afternoon, we found them in the middle of a heated argument about Ruto’s brand of politics.

“My wife was teacher in a private school until a few weeks ago,” said one trader. “Then one morning, the school proprietor sent her an email telling her he had converted the school premises into exhibition stalls. That was it. My wife was reduced to a hawker, peddling avocados on a wheelbarrow.

The narrative has also cast Ruto as the would-be saviour of the Kenyan have-nots, someone who feels and knows their suffering. He is the God-fearing, battle-ready general, leading the war against the Raila Odinga-aided Kenyatta family political gimmicks. “We cannot wait for Uhuru and Baba (Raila Odinga) to bring on the BBI referendum. They’ve been telling us Ruto is the government thief. Is he the one who stole COVID-19 money?” asked one of the traders. “If Ruto is a thief, it is because they have been stealing together with Uhuru.”

Said Kipkemei Bunei, “Ruto is a thief who has been giving back (to the society). What have the other thieves been doing?”

Ruto’s campaign infantilises the 2022 presidential debate by deflecting adult conversations that would scrutinise his long political career since he burst into the national limelight in 1990s. He tells the rags-to-riches chicken seller-hustler story to stoke the youth’s anger against the very government he is still a part of, but which is now being propped up by Raila Odinga and his ODM party. The narrative flattens the complex histories of political families and individuals – an erasure ably aided by Raila’s support of the incompetent Jubilee government. The hustlers’ rallying call rattles his competitors and rouses his supporters. He only needs to mention the word “dynasty” to communicate who his political enemies are.

“Ruto has won the war of narratives,” said Gakuo Munene, who has openly stated he will support the deputy president in his presidential bid for 2022.

The electoral strategy is clear: set the majority without known surnames against the minority who have widely recognised surnames because their fathers were cabinet ministers, vice presidents, or even president. And the “hustlers” are spoilt for choice.

Ruto might have belatedly discovered the great socio-economic divide between the walala-hoi and the walala-hai in Kenya. However, to merely acknowledge that such a deep rift exists, to crudely name it as “hustler versus dynasties”, and to constantly remind the walala-hoi of their suffering is not to wage a class struggle. As Thandika Mkandawire, citing Karl Marx, observed, “The existence of class may portend class struggles, but it does not automatically trigger them. It is not enough that classes exist in themselves, they must also be for themselves.”

Ruto’s political campaign is not a class struggle; it is a struggle for power – for himself. He is organising and mobilising his political base the same way the political sons of the late Daniel arap Moi organised their politics – through transactional methods that exploited human need, greed, ambitions for power. Despite its class warfare undertones, Ruto’s acerbic political rhetoric is not a rallying call to the wretched of the earth to take on their oppressors or to organise for such a war.

Baronial politics

Like Francis Atwoli, the bejewelled trade unionist-turned-political kingmaker, who has taken to summoning the rich and powerful to his Kitengela home, Ruto also summons a few hand-picked hoi polloi to his palatial homes in Karen and Sugoi. Both Ruto and Atwoli perform acts that clearly show what power asymmetry is all about, who is the host and who is the guest, who pays the piper and who calls the tune, even though they have divergent political projects.

So, the jua kali artisans or the delegation of Christian clergy troop to Ruto’s official residence in Karen or Sugoi not as the deputy president’s equals, but as carefully selected guests with a prescribed role to play in Ruto’s political script. It has the hallmarks of what former Chief Justice Willy Mutunga calls “baronial politics”. Ruto has yet to discover progressive democratic politics. His “hustlers” are guests, not equals, who are summoned for PR stunts. Their images are exploited for whatever legitimacy a paid-for and stage-managed association with a jua kali artisan or a Christian pastor can lend his presidential bid.

True to script, the guests or delegates are paraded for the cameras next to wheelbarrows or beauty salon equipment as any lucky winner of a sports betting lottery would be. It sends a message to the walala-hoi to keep betting on Ruto’s leadership because that holds a lottery ticket that might just win big in the next grand draw if they elect him.

Ruto might have belatedly discovered the great socio-economic divide between the walala-hoi and the walala-hai in Kenya. However, to merely acknowledge that such a deep rift exists, to crudely name it as “hustler versus dynasties”, and to constantly remind the walala-hoi of their suffering is not to wage a class struggle.

Ruto seeks to distinguish himself from his nemeses by performing and publicising such acts. As the Elgeyo Marakwet Senator, Kipchumba Murkomen’s tweets suggest, such events show that Ruto, unlike Raila and Uhuru, is both rich and generous, a politician who gives motorcycles and car- washing machines to unemployed youth. However, his tweets say little about why thousands of hard working youth who desire to own small or medium-sized businesses cannot afford the start-up capital needed for such items, or why so many small and medium enterprises (SMEs) have shut down since the Jubilee Party took control of the government.

Ruto’s hustler narrative may tug at the heartstrings of the millions who are poor and unemployed, but it’s simply a pithy campaign phrase that is ideologically as empty as the Building Bridges Initiative – a promise of a qualitative change in living conditions that will not materialise because there is no qualitative change in the political leadership.

Ruto may now be viewed as being against the Kenyatta family’s political and financial interests, but he’s not yet a pro-democracy and pro-suffering citizens’ politician. He may successfully stoke and channel the anger of hungry citizens against the political elites, but there is no evidence yet that he’s organising along existing class cleavages, awakening the consciousness of the exploited about the nature and identity of their exploiters, or forming alliances with autonomous organisations of exploited classes.

For the first time in decades, Kenya’s middle class progressives – the numerically small and tenacious civil society groups, which have always punched above their weight – seem to have been totally eclipsed by Ruto’s middle class rabble-rousers. Kenya’s progressive middle class may still have a credible story to tell on democracy, constitutionalism, and the strengthening of devolution, but it seemingly has no candidate to stand with in the 2022 presidential election.

Published by the good folks at The Elephant.

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By Victor Ndula Published by the good folks at The Elephant.

The Elephant is a platform for engaging citizens to reflect, re-member and re-envision their society by interrogating the past, the present, to fashion a future.

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Reggae Is Back!

By Victor Ndula On March 9, 2018 Kenya’s President Uhuru Kenyatta and the leader of the main opposition, Raila Odinga, surprised their supporters when they publicly shook hands and agreed to work together. This was not the first time Kenya’s rival elites had concluded a political pact to work together.

Political pacts have been common among elites throughout the post-colonial period. Both Kenyatta and Odinga had concluded pacts before. Odinga made one with former president Mwai Kibaki following violence over 2007 presidential election results. Uhuru formed an alliance with a former rival, William Ruto, and won the 2013 elections.

The Uhuru-Raila handshake, however, was surprising because there was no open mediation taking place. Furthermore, events of the previous month showed they were bitter with each other. They had continued to hold stubbornly to their positions.

Odinga’s opposition party, the National Super Alliance, was behind violent protests to reject the declaration of Kenyatta as the winner of a protracted, and disputed, general election. The first poll, held in August 2017, was annulled by the Supreme Court. This led to a fresh poll held in October 2017.

But even the rerun was rejected by Odinga and the National Super Alliance. They rejected Kenyatta’s presidency and on January 30, 2018 installed Odinga as a People’s President. The Alliance was made up of several ethno-regional parties led by their respective leaders.

Just over a month later Kenyatta and Odinga were shaking hands. They endorsed a framework to address the governance challenges that had contributed to the country’s divisive politics and ethnic antagonism. The framework was called the Building Bridges Initiative.

The handshake ended the political stand-off. The political allies of both men began to support one another. This included their representatives in the National Assembly and the Senate, where Odinga’s allies supported government policies. Why did the arch-rivals easily come together and agree to establish the Building Bridges Initiative?

Behind the Building Bridges Initiative

The handshake and attendant initiative are best understood by recognising that Kenyan politics is fundamentally shaped by competition between and among political elites and their ethnic groups. The competing ethnic elites have informal authority and control over their respective groups.

They use these to advance their economic and political interests as well as to negotiate distribution of power and resources. Their bargains and interests lead to political pacts. These are always in flux because the practice of “winner takes all” politics results in the exclusion of losers from new power arrangements.

But those excluded can occasion the making of new pacts if new dynamics lead to their inclusion into power arrangements.

Kenya’s demographic structure and its electoral system contributes to this state of affairs. The country has five large ethnic groups that comprise about 65% of the population. Kenya’s constitution also requires presidential candidates to win by 50% plus one vote and this provision compels formation of alliances. The result is that agreements are broken – and built – on the basis of calculations about the best alternative coalition for winning an election.

The five main groups are: President Kenyatta’s Kikuyu ethnic group; Raila Odinga’s Luo; William Ruto’s Kalenjin ethnic group; the Kamba; and the Luyia. The Kikuyu is the largest and has had a president three times – Jomo Kenyatta (Uhuru Kenyatta’s father), at independence in 1963; then Mwai Kibaki (2007 to 2013); and Uhuru Kenyatta from 2013 to the present. The Kalenjin held the top seat under Daniel Arap Moi, who took over following the death of Jomo Kenyatta in 1978. Moi remained in office until 2002.

The handshake and the Building the Bridges Initiative evolved alongside the emerging signs of a collapse of the pact between Kenyatta and his deputy Ruto. They had a pact for the purpose of winning the 2013 election. But after Kenyatta won the 2017 disputed election and began a final term of office, this pact had clearly outlived its purpose.

Kenyatta shared power with Ruto in the first term but after winning the 2017 elections he began to concentrate power by taking away responsibilities that had created the perception of Ruto as a co- president. In the first term, Ruto would nominate his own candidates for appointment to various positions. He also coordinated implementation of government development projects across the country.

Secondly, Ruto began to mobilise an independent political support base among Kenyatta’s Kikuyu and allied ethnic groups in the Mount Kenya region. Kenyatta’s supporters interpreted this as undermining Kenyatta’s control and authority over the Kikuyu.

Moreover, increasing levels of corruption in government development projects had become a matter of concern. Many of Kenyatta’s supporters accused Ruto and allies of accumulating wealth for the purpose of financing his 2022 presidential campaigns. They accused them of undermining the potential of these projects to mark Kenyatta’s legacy.

Kenyatta turned to Odinga for a new pact to cut off Ruto’s political influence and end violent protests that challenged his legitimacy. While some saw Kenyatta as a legitimately elected president, others saw him as lacking legitimacy. This also applied to Odinga. Although installed as a People’s President, he lacked the formal authority to govern. This was true even in opposition areas. Without access to state resources and without control of any institution, Odinga could not give any benefits to his allies, many of whom supported the opposition on the hope that they would benefit if they got to power.

What was agreed

The proposals were meant to align elite interests to ensure cohesion. They appeared focused on ensuring that the largest ethnic communities got some presence in the national executive. The losers would also get a post and be active in parliament.

They included:

Proposed amendments to the constitution to expand the national executive by including the post of prime minister among others. A proposal to establish the position of the leader of the official opposition which would be occupied by the runner-up of the presidential election. The opposition leader would be an ex- officio member of parliament. A review of the electoral system to promote equalisation of representation and equality of citizenship through proportional representation.

Kenyatta and Odinga have mobilised other ethnic elites to support the recommendations. They have brought several parliamentary parties to their sides.

These new arrangements are meant to provide parliamentary support for the initiative. They were also designed to mobilise popular support because some of the proposals require a vote by Kenyans in a referendum.

Bumpy road ahead

Parliament is likely to pass the laws to support the proposed changes. But a referendum will pose a major challenge – for the initiative as well as for Kenyatta and Odinga.

Kenya has a bad history of referenda. One held in 2005 and another in 2010 polarised the country. One to amend the 2010 constitution will not be different.

Ruto appears excluded from the emerging power arrangements. He is therefore likely to mobilise his supporters against the changes. He and his allies have already opposed the Building Bridges Initiative by pointing out that its recommendations are meant to benefit the rich elites – and those from a “dynasty” background – rather than the ordinary voters and sons of poor peasants like himself.

The proposed distribution of power may be endorsed at the referendum given the number of ethnic elites in the newly evolving political agreements. The proposal to enable many ethnic elites to access political power is also in line with the self interest of the elites.

Nonetheless, if the proposals get endorsed at the referendum or win support at parliament, the new political pact will collapse as others have before. The powerful actors in the new arrangement will begin to disagree on the distribution of power – or others will renege on what has been agreed upon. Indeed trust deficit is common among the elites.

This will widen political divisions and lay the context for a highly competitive and a violent 2022 election. Published by the good folks at The Elephant.

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Reggae Is Back!

By Victor Ndula

“Never dress a deep wound superficially.” – Somali proverb

A recent article by The Elephant’s senior writer Dauti Kahura suggests that one of the main reasons why a sizeable number of Kikuyus are going to vote for William Ruto in 2022 is that they are afraid that if they don’t – and especially if he loses or is forced out of the election race – Ruto will unleash terror on Kikuyus living in the Rift Valley, the kind of terror that Kikuyus in the region experienced when hundreds of them were killed and hundreds of thousands of them were displaced after the disputed 2007 election.

“It is the Kikuyu electorate that finds itself torn between the devil and the deep blue sea,” wrote Kahura. “Whatever option it takes, it will not be an easy choice because Ruto has presented the Kikuyus with the greatest dilemma. If they do not support Ruto, is there a risk that the violence of 2007/8 will be repeated?”

One Kikuyu lady told Kahura that she will definitely be voting for Ruto come 2022 because he was part of the deal that Uhuru Kenyatta made when the duo joined forces. In that sense, Kikuyus owe Ruto a political debt. “We entered into a pact with the Kalenjin people, that they would help our son capture power and protect our people in the Rift. In return, we would also lend our support to their son after Uhuru’s terms ended. It would now be disingenuous for the Kikuyu people to renege on that promise . . . it actually would be dangerous. I have relatives in the Rift and I can tell you they are not sitting pretty.”

For those who are neither Kikuyu nor Kalenjin, this rationale sounds like pure and simple blackmail: “If you vote for me, I won’t kill you.” The horror of this thinking cannot be overstated. If this blackmailing tool is what Kalenjins (read Ruto) are going to be using to win the next election, then we are in a very bad place indeed. It not only mocks our democratic right to live wherever we choose but also entrenches a mindset that views Kenya as belonging to only two tribes – the Kikuyu and the Kalenjin – whose agendas we have to accept regardless of whether they are against our own interests. And we must honour every deal they make with each other to stay in power.

If this blackmailing tool is what Kalenjins (read Ruto) are going to be using to win the next election, then we are in a very bad place indeed

It seems like a strange logic, but one that has become normalised in Kenya since 2013. Although many analysts insist that the UhuRuto victory was simply a mathematical probability, in that it united two of Kenya’s largest ethnic groups into one formidable voting bloc, thereby outnumbering the opposition, many also believe that the alliance was a pact based on the threat of violence. In addition, by declaring the election as a “referendum against the ICC [International Criminal Court]”, Uhuru and Ruto managed to galvanise two communities whose elites have held onto power since independence.

How did we get here?

It all started when Justice Philip Waki handed over the secret list of names of the suspected perpetrators of the 2007/8 post-election violence to the African Union’s envoy Kofi Annan in 2009. Kenya had the option to form a local tribunal within a year, but failed to do so. At that time, Raila Odinga, who was then the Prime Minister, had campaigned for the formation of such a tribunal, if for no other reason than that it would end speculation about the identity of the perpetrators.

When the ICC went ahead to charge the so-called Ocampo Six, including Uhuru Kenyatta and William Ruto, with crimes against humanity, Kalonzo Musyoka, who was then the Vice President, travelled to New York to try and convince the United Nations Security Council to defer the cases, ostensibly because “the ICC process has the potential to affect Kenya’s fragile stability”.

The whole episode was filled with intrigues and innuendos. Luis Moreno Ocampo’s threat that he would “make an example of Kenya” sounded childish, vindictive and selective. As I have commented before, why did the ICC not go after Mwai Kibaki, who was in charge of the security forces that unleashed much of the 2007/2008 terror and Raila Odinga, who was the leader of the party to which William Ruto belonged, and who did nothing to stop the violence?

Annan’s decision to hand over the secret list of names of the perpetrators to the ICC’s Chief Prosecutor was probably made in good faith but had the net effect of shrouding the ICC cases in ambiguity and secrecy. This ambiguity was exploited by Uhuru and Ruto, whose 2013 election campaign was pegged on the claim that they had been “fixed” and scapegoated by the likes of Raila and others who were using the ICC to get rid of their political rivals.

In the end, the ICC ended up delivering the presidency to Uhuru and Ruto. If the court had not relentlessly pursued the Kenyan cases (and bungled them), and if, as many believe, the election had not been rigged or manipulated by the likes of Cambridge Analytica, there would be no Jubilee government in place today. The ICC cases, therefore, had the unintended consequence of galvanising a nation against it.

Unfortunately, the social and economic cost of the UhuRuto political union has been unacceptably high. Kalenjin and Kikuyu politicians interpreted the truce between the two communities as a licence for theft and impunity. Members of the Jubilee government have been implicated in a looting spree of public coffers of a magnitude that has not been witnessed since the Moi years. Some would argue that the looting today is unprecedented, and has even surpassed that of the Moi era – a position that is supported by data coming out of the Auditor General’s office.

The lesson we might learn from this saga is that if political reconciliation between two groups results in the political and economic exclusion of other groups, there is no guarantee that electoral or other types of violence will not remain an option for the disenfranchised – with or without the ICC. The article by Kahura also suggests that the pact between the Kikuyu and the Kalenjin is built on a fragile foundation that can easily be destabilised by the threat of future violence.

The ICC cases against Uhuru and Ruto collapsed due to lack of sufficient evidence. It is entirely possible that key witnesses were intimidated, killed or silenced in other ways. However, Kenyans also know that the perpetrators of the violence are still walking freely in Nairobi, Naivasha, Nakuru, Eldoret, Kisumu and other places. Men who gang-raped grandmothers and chopped of their neighbours’ hands have not been arrested or charged with any crime, nor have they been ostracised by their communities.

Nor did Kenya establish Rwanda-style “Gacaca” courts to bring about reconciliation among aggrieved parties. The wounds of 2007/2008 have thus not yet healed. If true, the claim by William Ruto during a recent interview on NTV that the ICC case against him is being revived by his opponents to finish him will not heal these wounds either as many communities, not just the Kikuyu, also lost loved ones during that dark period. It would be naïve to believe that the ICC will deliver justice to the post-election violence victims because Ruto is now back in the dock.

The original sin

However, Kenyans’ wounds run deeper than the 2007/2008 trauma. These wounds can only heal if processes are put in place and serious efforts are made to address the structural and systemic causes of violence and greed in our society.

Structural and systemic violence has been part of Kenya’s DNA since before independence, and has often manifested itself in the forced eviction or displacement of people from their land. British colonialism in Kenya was in essence a violent land grab. The first large-scale post-independence land grab began during the first few years of Jomo Kenyatta’s presidency when a resettlement scheme was implemented to “buy back” one million acres of land from white settlers in order to resettle displaced (mostly Kikuyu) Kenyans. Kenyatta had argued then that since the British colonialists and white settlers had taken land away from indigenous African communities, they were obliged to fund a large-scale settlement programme – using long-term loans with easy repayment conditions – to provide land to the landless.

It would be naïve to believe that the ICC will deliver justice to the post-election violence victims because Ruto is now back in the dock

However, a group led by Oginga Odinga, Bildad Kaggia and Paul Ngei opposed the buying of land for resettlement; they argued that Africans could not buy back land that was originally theirs, a contention that did not go down well with Kenyatta because “there were no free things and that land was not free, but must be purchased”. Kenyatta’s position mirrored that of the outgoing British colonial administration that made it clear that “African settlers could not get free land but were expected to either purchase it directly with their money or borrow the loan that was to be repaid to the British government”.

This first betrayal would be followed by many others. As the scheme operated on a “willing-seller- willing-buyer” basis, hundreds of thousands of people, particularly in the coast and Rift Valley regions, remained landless.

Interestingly, the scheme also offered loans to Africans who were not landless. In this group fell a select group of people who had been loyal to the colonial administration – the so-called homeguards – who gobbled up prime land in Central Kenya and the Rift Valley. Among this group were provincial commissioners, ministers, permanent secretaries and others within Kenyatta’s inner circle who would go on to become Kenya’s new ruling elite.

According to the report of the Truth, Justice and Reconciliation Commission (TJRC), “rich businessmen and businesswomen, rich and powerful politicians who were loyal to the colonial administration, managed to acquire thousands of acres at the expense of the poor and the landless.” Hence, “instead of redressing land-related injustices perpetrated by the colonialists on Africans, the resettlement process created a privileged class of African elites, leaving those who had suffered land alienation either on tiny unproductive pieces of land or landless.”

These alienated “lesser Kikuyus”, particularly those residing in the Rift Valley, have remained vulnerable to violence perpetrated by other ethnic groups as well as by their own ethnic group. (Recall the politically-instigated “ethnic cleansing” in the Rift Valley in the 1990s during the Moi regime and the shoot-to-kill-Mungiki order given by the late John Michuki in 2007.)

When Kenyatta died in 1978, there was a fear that his successor, President Daniel arap Moi, would reverse the Kenyatta-era land-related and other injustices by targeting Kikuyu elites who had benefitted from Kenyatta’s patronage. This fear, however, was unfounded – not only did Moi follow in Kenyatta’s footsteps by grabbing land for himself, he also entrenched a patronage network that mostly benefitted members of his own ethnic group, the Kalenjin.

Structural and systemic violence has been part of Kenya’s DNA since before independence, and has often manifested itself in the forced eviction or displacement of people from their land Having experienced violence during the Moi regime, and having suffered under Kikuyu leadership (not even Mwai Kibaki could protect the Kikuyus in the Rift during the post-election violence of 2007/8) why would these Kikuyus now trust Moi’s protégé William Ruto and a (former?) Uhuru ally to protect them?

And if indeed, as Kahura notes, the choice is between the “devil and the deep blue sea”, why choose someone whose reputation is tainted with corruption and other misdeeds, including Youth for Kanu 92 shenanigans, not to mention crimes against humanity? Ruto is known to be a scheming and vindictive politician, a man who has the capacity to crush anyone opposed to him. Do we need someone with such a Machiavellian temperament at the helm?

Hoodwinking exercise

As for Raila, after the famous “handshake” between him and Uhuru, even some of his most ardent supporters are questioning whether he ran an opportunistic and cynical campaign as leader of the opposition and whether his main objective has always been to gain political power, not to fight for the rights of ordinary Kenyans. Many Kenyans are still recovering from his about-turn after being sworn in as the “People’s President” on 30 January 2018 at a rally attended by thousands, and after so many lives had been lost unnecessarily, including that of Baby Pendo.

Listening to the Building Bridges Initiative (BBI) rally in Mombasa on 25 January this year, one got the impression that none of the politicians present at the rally had any political ambitions, that Kenya was now one big happy family where everyone was expected to get along and think about the country first.

Politicians present at the rally, including Raila and his lieutenant , urged wananchi not to think too much about the 2022 elections but to focus on nation-building. The rhetoric had an eerie resemblance to the “accept and move on” mantra of the Jubilee government when it took power in 2013. It was a hoodwinking exercise that made people believe that every single politician on the podium that day was not preparing a war chest with which to retain their seats in the next polls.

What was also omitted was the fact that the Independent Electoral and Boundaries Commission (IEBC) remains as inept and as corrupt as it was during the 2013 and 2017 elections, and that what worries Kenyans is whether they can trust this electoral body to conduct a free and fair election in 2022.

The endorsement of BBI by Kipchumba Murkomen, a diehard Ruto supporter, also suggested that the BBI was a national project that had nothing to do with personal ambition. The cooption of Ruto’s allies into the BBI fold could be just a survival tactic (or perhaps a form of deception?) to ensure that they do not miss out on the “eating”. As development consultant Jerotich Seii so aptly put it on Twitter, “The slices of the 2022 Succession Pie just got a little thinner because Tanga Tanga has brought itself firmly into the mix.”

Kilifi governor Amason Kingi emphasised that historical land injustices in the coast region must be addressed by the BBI, but there was no mention of the post-election violence victims, many of whom are still displaced, nor of the fact that the government of Mwai Kibaki spent millions of shillings on the TJRC whose recommendations on historical and other injustices have yet to be implemented.

The BBI is being sold to us as a project that in one fell swoop will wipe out all the evils in our society, including tribalism. But as other commentators have noted, if the Ndung’u Land Commission’s report and the TJRC report could not bring about radical reforms in Kenya, what hope is there that the BBI will? There is simply no political will to bring about reforms, particularly on land, because too many rich and powerful people will be adversely affected.

Between the devil and the deep blue sea, the only option in this case would be to choose neither. For the sake of Kenya, both Raila and Ruto should step aside and let someone who has a clean governance record vie for the top leadership in 2022. This would make the Uhuru succession politics less toxic and less polarised.

This leader’s top priorities would be to steer the country out of the deep economic morass that the Jubilee administration headed by Uhuru Kenytatta has got us into and to slay the twin dragons of corruption and tribalism that have bedevilled this country since independence. Hopefully, he or she will also be committed to implementing the myriad recommendations that have come out of the umpteen reports and commissions that aimed to make Kenya a more just and inclusive country.

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By Victor Ndula To some observers, it was a victory that recalls the Biblical David versus Goliath encounter, which will be told long after the “stone” that fell the giant Orange Democratic Party’s political machinery and its candidate in the 5 April Ugenya by-election has been buried deep in the fecund soils of Ugenya. For others, it was the epic duel, which Senator James Orengo – a living legend in Kenya and in Ugenya’s opposition politics – like Hamlet without the Prince, lost spectacularly to David Ochieng, a political neophyte.

In the 5 April Ugenya constituency by-election, a parliamentary candidate called David Ochieng’ of the little-known Movement for Democracy and Growth (MDG) took on a giant, the Orange Democratic Party (ODM), and floored its candidate, Chris Karan. This was not a first in the colorful history of Ugenya, a constituency whose politics has partly been defined by the political rivalries between in-laws James Orengo and his brother-in-law, Stephen Ondiek, who between them, represented Ugenya constituency for 33 years between 1980 to 2013.

Although there is no love lost between Orengo and Ochieng, Ochieng’s victory recalls James Orengo’s Nyatieng’s’ (the grinding-stone) victory in the 1980 Ugenya constituency by-election against Mathews Ogutu, a pro-establishment and a Jomo Kenyatta era minister for local government. Just like Orengo’s victory in 1980 as a Jaramogi Odinga colyte was a slap in the face of pro- establishment politics of acquiescence in the face of betrayals of independence ideals and KANU’s suffocating post-independence one-party state, Ochieng’s, too, is a rejection of Raila Odinga’s pro- status quo politics, which in the face of suffocating party politics demands acquiescence with politics of incompetence or ineptitude at the local level.

The victory was too sweet to be savoured only by Ochieng’ and his constituents. By saying that the by-election was a Raila versus Ruto contest and casting it as a proxy battle for Kenya’s soul…the ODM party barons had invited the dissident United Republican Party (URP) wing of the ruling Jubilee Party to the Ugenya party. Or so, it seems. Ochieng’s was a sweet victory, a crowning of a successful and drawn out election petition against the Independent Electoral and Boundaries Commission (IEBC)’s declaration of Chris Karan as the victor of the 2017 Ugenya parliamentary election, in which he handed ODM, especially his Ugenya nemesis, Senator James Orengo, a humiliating defeat.

The victory was too sweet to be savoured only by Ochieng’ and his constituents. By saying that the by-election was a Raila versus Ruto contest and casting it as a proxy battle for Kenya’s soul – where a vote cast for Chris Karan is a vote for Raila Odinga, and a vote cast for David is a vote for William Ruto – the ODM party barons had invited the dissident United Republican Party (URP) wing of the ruling Jubilee Party to the Ugenya party. Or so, it seems.

As if on cue, the “hustler’s” nation, for whom everything ni kujipanga without compunction, showed up for the party, honouring ODM’s ill-thought, and perhaps proxy invitation, to a propaganda-fest. William Ruto, Kenya’s Deputy President, who craves an earthly kingdom, took a celestial leap for it, and tweeted, “Jameni wacheni MUNGU aitwe MUNGU. The hustler nation has spoken, the people have decided”, thereby quickly claiming David’s victory for the “hustler” Christian nation and milking it for its propaganda value: Odinga’s loss is a Ruto’s or self-declared hustler-in-chief’s gain.

Ostensibly, Ochieng’s victory now symbolised the miraculous ways of God, foretelling the coming victory of the kingdom of the hustler-in-chief over his nemesis Raila Odinga, the longed-for Godless earthly kingdom of Kenyans who seldom give a damn about justice or ethics in pursuit of power or wealth.

Ochieng’s MGD victory was a godsend. Irresistible. And they grabbed it, perhaps with the ease with which billions of shillings in dollar denominations is nowadays spirited out of Kenya’s public coffers to a few individual’s secret accounts abroad or safe boxes in local banks under the Jubilee government’s watch.

Senator Susan Kihika, a Ruto disciple, took a less optimistic but a more earthly view of Ochieng’s victory. She tweeted, “Is ODM’s loss in Ugenya & Embakasi South an indication of changing times? Ugenya being ODM stronghold begs the question, is the electorate finally ready to defy dictatorship vote & independently? Perhaps. Interesting times ahead. Kitaeleweka sooner than later!”

For some of the diehard ODM supporters, the twin parliamentary electoral loss is symptomatic of ODM’s diseased body politic. “It’s suffering a T.B. Not the dreadful respiratory disease, tuberculosis, but the equally devastating “Tugni gi Bagni,” or “conflict and confusion”…

“Not a big deal,” Raila Odinga said repeatedly, and rather strenuously, for the “just a drop in the ocean” loss of two parliamentary seats in a week when the twin ODM loss, especially the Ugenya by- election, was trending in the major call-ins in Dholuo breakfast and late night radio broadcasts.

For some of the diehard ODM supporters, the twin parliamentary electoral loss is symptomatic of ODM’s diseased body politic. “It’s suffering a T.B. Not the dreadful respiratory disease, tuberculosis, but the equally devastating “Tugni gi Bagni,” or “conflict and confusion,” for a party that has had a relative clear political vision,” said a disillusioned ODM supporter in a call-in breakfast radio show.

Still, others opined, the victory of these candidates raises several questions that the party ought to answer: why do sitting ODM MPs, who ably discharge their parliamentary responsibilities or good candidates seeking an ODM ticket lose to those said to be the party-anointed but lacklustre performers? Is it the region’s six-piece voting pattern or how the six-pieces of the ODM leaders is put together? Is it because, as some callers opined, “party ni gi wegi” (the party has its owners)? And therefore, have the party nominations, not just the ODM’s, but also other Raila Odinga-led parties’ nominations, been a charade? Does the party respect the wishes and interests of the majority? “Certificate e omo malo.” (Has the party been imposing candidates on the voters?) Is it because we’ve been electing charlatans who claim “wadhi konyo Jakom goyo lweny?” (Is it those who claim they are going to help Raila Odinga fight a war?)

Beyond the biblical analogies, evangelical Christian rhetoric, and the denials of ODM party barons, what does Ochieng’s victory mean? What does it tell us about Luo politics? What hopes does it hold, especially for those from the counties of Siaya, Homa Bay, Migori and Kisumu, who are disgruntled with ODM, especially the party nominations, and increasingly see Raila Odinga’s dominance in Luo politics as a stranglehold on regional democracy? What about those who yearn either for a change or a revolution in the ODM strongholds?

Unlike ODM power barons’ denials, the candid and passionate debates on Ochieng’s victory and ODM’s poor performance in the two by-elections throws up more than Ochieng’s winning formula or ODM’s ways of losing an election, which, for some rank and file members of the party, shouldn’t be waved aside.

Many ODM supporters who called various Dholuo radio stations last week blamed Senator James Orengo for the loss of the Ugenya seat to the MDG party. They put it down to the rivalry between Orengo and Opiyo Wandayi, said to be driven by competing ambitions for the ’s 2022 gubernatorial election. ODM had wrongly pitched the contest as a national issue, with little local touch, and favoured big roadshow events – which entertain the youth, but which scarcely educate the electorate – and counterproductive threats by Siaya governor, Amoth Rasanga, to punish his Ugenya constituents if they voted for Ochieng’. Yet Ochieng’ has a better development record in Ugenya than the Siaya County government, and carried out a more effective door-to-door campaign attuned to the hopes of Ugenya voters, especially women.

Ochieng is a young and ambitious politician who first came to parliament as an ODM Member of Parliament. His victory points to a deeper crisis gnawing at the heart of the Orange Democratic Movement. ODM not only failed to live up to its name and to its political ideals, but is suffered from a crisis of vision, as some callers pointed out. It also stalled intra-party, inter-generational succession, which is now simmering and might come to the boil before or by 2022.

Ochieng’s victory, like that of the other “independents”, suggests that ODM or Raila Odinga are not invincible. However, winning an election is still an uphill task. You’ve got to factor Raila Odinga into your winning formula or circumvent it in your campaigns.

However, listening to ODM supporters who are still smarting from the party’s loss of Ugenya constituency does suggest that Ochieng’s victory is significant but that it is no more significant than the past victories of “independents” in the current Luo politics. Ochieng joins the league of politicians, such as Olago Aluoch, the MP for Kisumu West on a Ford Kenya ticket, Shakeel Shabbir of Kisumu Town East, who ran as independent in the 2017 general election, and even of the disgraced Okoth Obado, now an ODM governor, who was elected on a PDP ticket in 2013.

Ochieng’s victory, like that of the other “independents”, suggests that ODM or Raila Odinga are not invincible. However, winning an election is still an uphill task. You’ve got to factor Raila Odinga into your winning formula or circumvent it in your campaigns. Strategically, you must be an ally or be seen to be an ally of Raila Odinga’s cause. And as some callers said, those who have successfully run against the ODM wave, such as Olago Aluoch of Kisumu Town West or Shakeel Shabbir, have simultaneously avoided casting their quest for elective office as contests between them and Raila Odinga. They ran on a Raila-zone friendly party or no political party, and thoroughly localised the parliamentary contest while pledging loyalty to Raila’s cause or claiming him as their undisputed leader or leader of the Luo community.

Shakeel Shabbir, popularly known as “Onyango woun Mogo” (Onyango, the owner of maize flour), like Ochieng, bolted out of the ODM in 2017, but ran successfully as an independent. Upon winning, he said, “I still share ODM ideals and want to assure my people that I will stand with the party and leader Raila Odinga.”

Similarly, speaking to the Star after winning, Ochieng’ said, “I avoided the media like the plague since they were going to hype it as a war between me and Raila,” and added, “I have no issue with Raila. In fact, we kept talking when I was in court. There is no bad blood between him and myself. I respect him. I support the handshake, which is the best thing ever to happen to this country.”

Salim Odeny, a suave and eloquent ODM ideologue with a priestly mastery of the Bible, an ecumenical mastery of many Christian denominational hymns, liturgy, and rituals, and a mastery of dead-pan Dholuo put-downs or sexist insults, said that the ODM bigwigs in charge of the Chris Karan campaigns didn’t set the Raila trap well. He says that ODM lost the Ugenya seat, not only because the infighting within the Senator James Orengo-led campaign team, but also because they didn’t frame the contest in terms that resonates with the Ugenya electorate. “They should have asked, who does Uhuru Kenyatta deal with when he wants to deal with a Luo leader, a party leader called Raila Odinga of ODM or a party leader called David Ochieng’ of MDG?” said Odeny. The contest should have been framed as the battle between Raila and Ochieng’ for the leadership of the Luos – who of the two embodies the community’s fears and hopes? – not as a Raila versus Ruto contest.

Ochieng’ saw the trap and lifted the safety hatch. He simply asked his constituents, “Ka udhi ma ok uneno Raila e debe, gone David Ochieng’,” (If you go to the polling booth, and you don’t find Raila’s name on the ballot, then vote for David Ochieng), some callers pointed out. Raila’s absences, literary and figuratively, also worked in Ochieng’s favour.

Citing African Union engagements, Raila made only a single appearance at a funeral in Ugenya during the campaign period. Since the handshake, what he embodies or stands for, the larger-than- life cause cryptically referred to as “lweny” (the war), and the political cause that he has embodied in Luo politics (which gives him a free hand to choose who’s a loyal lieutenant and who’s not) has become foggy at best.

What’s more, “the handshake” has blunted the sharp edge of the “mole” label, the traitor charge, which can cut down one’s political career short, especially for Luo politicians who work with the establishment, either in times of opposition or outside the Raila Odinga umbrella, in times of co- optation.

Tactically, by framing the by-election as a local contest and conducting a door-to-door campaign, Ochieng’ outflanked the ODM bigwigs who mounted colourful roadshows and pitched the battle as a national contest between Raila Odinga and William Ruto.

In 2017, David Ochieng’, who had been dubbed a mole, bore this burden. In 2019, after the handshake, the sharp opposition-establishment distinction is blurred, and the burden has lifted off a little bit. Moreover, unlike James Orengo, who was once a cabinet minister (a minister for lands), Ochieng’ seems to have leveraged his first term pro-establishment connections and delivered collective material goods to his Ugenya constituents better than both James Orengo and the County of Government of Siaya: a medical training centre, a teachers’ training college, a technical institute, subsidised fertilizer to farmers, and a forestry school in the making.

Tactically, by framing the by-election as a local contest and conducting a door-to-door campaign, Ochieng’ outflanked the ODM bigwigs who mounted colourful roadshows and pitched the battle as a national contest between Raila Odinga and William Ruto. Backed by Ugenya professionals, he turned his first term development record as an ODM MP into an asset and bait: “I have built a TTC, and a MTC here, but the MTC College could collapse, because it offers only one course. Give me a chance to complete this project,” Ochieng, reportedly pitched.

But David Ochieng’, the ambitious rebel politician who says he eschews “politics of lies, personality cult, where you identify a figure of hate”, derides and is disdainful of Orengo’s brand of politics – what he dismissively calls “university type of politics, which no longer works for the masses” – as the kind of politics that has long reached its sell-by date and is a product the fallout that followed the ODM’s post-2013 generational succession politics in Luo politics.

Ochieng told the Star that he left ODM because “the party machinery was not taking my views. There is a lot of suspicion about me and how I work. At some point, I felt I didn’t want to go to parliament.” Moreover, “My party did not like people who can innovate or those giving views. I thought I did not want to go through that, hence, the birth of MDG,” Ochieng’ added, without mentioning the source of this suspicion.

That suspicion was borne out a the Sega Declaration in 2014. David Ochieng’, together with some youthful and freshly elected first-term members of parliament, such as Jared K’Opiyo, Silvanus Osele, Agostino Neto, Junet Mohamed, Millie Odhiambo, Ken Obura, and John Mbadi, sought to reform and re-energise the party after the loss of the 2013 presidential election and to change its leadership. But the doyens of opposition politics, such as Raila Odinga, Anyang’ Nyong’o, and Otieno Ka’jwang,’ read mischief in this move. The ODM MPs, who were party to the Sega Declaration, were viewed with suspicion as fifth columnists.

ODM power barons scattered this group, but didn’t adequately address the discontent, the injustice of the party nomination process, and the feeling of being left out of both the national party power structures and in the ODM county governments, which many youthful members of the party, including the rank and file, feel to date. Dubbed “moles,” the unrepentant signatories to the Sega Declaration faced a stiff challenge for the ODM ticket or opted for alternative political parties. Some, like John Mbadi and Junet Mohamed, beat a retreat and were rewarded with high party positions. Others, like Ken Obura and Silvanus Osele, fell by the wayside. A few, like David Ochieng, and Millie Odhiambo, retreated to their constituencies and worked hard to fortify their hold on them.

Labeled a Jubilee mole, David Ochieng’ felt it doubly, in 2017 and 2019. “There were days we could spend up to shillings 1 million in a day,” Ochieng’ told the Star, without disclosing either what he spent the money on or the total amount of money he spent to secure the seat. Clearly, one million shillings a day, even for a few days of campaigning in a rural constituency, is a little over the top, particularly, for a candidate who says his popularity rests solidly on his unmatched development record.

Ochieng’s victory reminds the ODM party, and Raila Odinga, in particular, that that until ODM embraces internal party democracy, addresses the generational succession question, and Raila unequivocally states what the party stands for, the independents…will always eat Baba’s lunch in a free and fair election. Ochieng’s triumph over the ODM was sweet, hard-won, and crowning, but still an expensive victory. It reeks of a BUY-election. Although Ochieng says that his solid development record as an ODM member of parliament put him in good stead, he spent heavily to secure the seat, even when he avoided a “big entourage” and occasionally rode a bicycle while looking for votes.

Ochieng’s victory reminds the ODM party, and Raila Odinga, in particular, that that until ODM embraces internal party democracy, addresses the generational succession question, and Raila unequivocally states what the party stands for, the independents (who voters say are good leaders, but often fall out of favour with the ODM party barons) will always eat Baba’s lunch in a free and fair election – especially when the voters can’t tell what Raila Odinga stands for or what the political vision of ODM is since he signed a truce with the Jubilee government.

Questions arise: Is Raila still hunting, holding the leopard by the tail or has he domesticated the beast? Or is he stroking its fur, cleaning its bloodstained paws and its incisors while his core constituency, clawed or killed by the beast in the last electoral encounters, cries for justice? Does ODM fight for democracy and good government only at the national level? What about the ODM-led constituencies and the counties?

Ochieng’s victory too, is just an exception that proves the rule: the common sense that binds Raila Odinga and his die-hard political base still holds a contested sway, However, the yawning democratic deficits of the ODM party, which the ODM rank and file complain about on radio, and the ineptitudes of Raila’s lieutenants in local politics and in organising a smooth ODM generational succession, coupled with the incompetence, corruption, and nepotism of county governments, especially in Siaya, Homa Bay, and Migori counties, will ultimately claim ODM’s dominance in Luo politics.

Ochieng’s victory is good news, especially to those who find Raila’s two-decade long dominance in Luo politics too suffocating and too stifling for democratic aspirations. It reveals a chink in Raila’s amour. However, those yearning for a change or revolution in ODM have a tough task ahead. Electoral defeats, like Ugenya’s, though highly embarrassing, hardly chip at the Odingas’ dominance in Luo politics.

The twin electoral defeats, a recoil from a third, and the Wajir senatorial election reminds ODM that a coalition of widely different political dynasties, united only by a common fear of the prospects of a Ruto presidency, is unlikely to energise the ODM support base. ODM could suffer humiliating defeats in the hands of a wily, tenacious, and daredevil opponent bound by no compunction.

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By Victor Ndula

“The Luo community is happy Raila is back at the centre,” intoned our physician friend, Dr Sam Owino. In the last twelve months, since the surprise political rapprochement between President Uhuru Kenyatta and his antagonist-in-chief Raila Odinga, the talk about town has been how the Luos are now reaping from the so-called “Handshake”. “We’re no longer the political bogeyman of the state,” reiterated the Nairobi physician. “It has never been fun carrying the tag and burden of oppositional politics in the country for all these years.”

After the Handshake, which had been preceded by a piercing palpable tension across the country, Raila, the leader of the nascent opposition outfit, the National Super Alliance (NASA), broke ranks with his colleagues Kalonzo Musyoka, Musalia Mudavadi and Moses Wetangula to sue for peace with President Uhuru of the Jubilee Party. “Koro wan eisirkal,” (We’re now in government…we’re no longer in the opposition) said Raila soon after the Handshake, a statement that was reiterated by President Uhuru. A visitor to the country soon after the combustible double elections would never appreciate and digest fully the import of that statement.

No community in Kenya has borne the brunt of the state’s political malice and economic sabotage than the Luo people, observed Oduor. “The Luo people have suffered the greatest political harassment and assassinations in this country, starting with Argwings Kodhek, who was killed in January 1969…”

To a section of the Luo community, “being in the political cold,” is a phrase they identify with all too well. “The Luo people have been in the opposition effectively since 1966, when President Jomo Kenyatta shunted his Vice President Jaramogi Oginga Odinga,” said Bernard Oduor, an advertising and marketing manager of a Nairobi-based publishing company. “Let another community shoulder the weight of being always on the receiving end of the state’s anti-development brutal policies and constant violence.”

No community in Kenya has borne the brunt of the state’s political malice and economic sabotage than the Luo people, observed Oduor. “The Luo people have suffered the greatest political harassment and assassinations in this country, starting with Argwings Kodhek, who was killed in January 1969. Six months later, Tom Mboya, perhaps the greatest of Luo leaders, was killed, possibly by the same forces that took care of Kodhek through a freak accident.”

That same year, 1969, the government detained Jaramogi with other Luo leaders for standing up to Jomo and the Kiambu Mafia’s imperial tendencies, recalls Oduor. “It was a cruel testament of the political harassment by the successive government of Presidents Jomo Kenyatta and Daniel arap Moi that by the time multipartyism was being re-introduced in Kenya, in 1991, Jaramogi was already frail, old and sickly.” A multiparty election was held in December 1992 and Jaramogi was elected the MP for Bondo. A year later, on January 20, 1994, Jaramogi was dead.

From 1963 to 1978, Kenya had been a de facto one party state. But in 1982, just before the attempted military putsch led by Kenya Air Force officers on August 1, 1982, the country become a de jure one party state, after Jaramogi and George Anyona, the firebrand politician from Gusiiland, walked to the registrar’s office at Sheria House and demanded to register their party – the Kenya African Socialist Alliance (KASA). Feeling threatened by the duo’s courage and determination to register a new party, one afternoon Moi summoned MPs and asked them to change the constitution to make Kenya a one-party dictatorship.

“Even though Robert Ouko, the brilliant foreign affairs minister, worked for the Kanu government and was a loyal lieutenant of Moi, they still got rid of him, proving that no Luo politician was good enough for a Kenyan government,” opined Oduor. “It has been a tortuous long journey and it’s time we enjoyed some respite.”

Broken promises

In the aftermath of a contested August 8, 2017 election and the subsequent boycott of the second presidential election on October 26, 2017, the state visited violence on members of the Luo community in Nairobi County, and especially in the lakeside town of Kisumu, which is perceived as a base for the Luo community. In both cities, hordes of youth from the ghetto suburbs of Kibera and Mathare in Nairobi and Nyalenda and Kondele in Kisumu rioted, protesting the gross mismanagement of the election procedure. Many of the youth who were felled by the bullets of state security personnel were Luo youth.

“The Handshake was meant to cool the political temperatures, which were threatening to soar overboard,” said Steve Ochuodho, a researcher in African history. “It was to allow for the country to go back to its normal self and stabilise, with the aim of the country hopefully taking off economically. True, the country stabilised, but nothing much has really happened thereafter.” The promises that Raila made after the Handshake, ostensibly to the Luo community, are nothing new, explained Ochuodho: “They are the same promises Raila has been making since 1997 when he merged his fledging National Democratic Party (NDP) with Kanu. Since then, it is the Odinga family that has continually grown rich at the expense of the Luo people…”

“Contrary to popular belief being peddled by ‘Raila evangelists’ that the Luos are now in government, nothing could be further from the truth,” noted Ochuodho. “Luos aren’t in the government and more than ever before, they are languishing in poverty. I fret every time I hear that Luos are now enjoying and I ask: Which Luos are these? If there are any Luos in government, they must be Raila’s friends or his relatives from Siaya County,” added the researcher.

The promises that Raila made after the Handshake, ostensibly to the Luo community, are nothing new, explained Ochuodho: “They are the same promises Raila has been making since 1997 when he merged his fledging National Democratic Party (NDP) with Kanu. Since then, it is the Odinga family that has continually grown rich at the expense of the Luo people. Because of these Raila Handshakes, the Luo people are treated as the Odinga family’s captives to be traded with politically any time the family wants to reap financially from the existing government.”

“There are no deliverables, neither are there fruits to be harvested from the Handshake,” said Ochuodho. “All what we are hearing is what it intends to do, It is classic political brinkmanship.” All what the Handshake has done is to entrench even further retrogressive leadership in Luo Nyanza.”

“Through the Handshake, Cyprian Awiti, the Homa Bay governor, came back. Every Luo voter, wherever he or she was, knew Awiti was never going to survive a by-election if the court upheld the petition.” Former Kasipul MP Oyugi Magwanga had successively petitioned both the High Court and the Court of Appeal, only for the Supreme Court to uphold his election victory in August 8, 2017.

With the coming by-election in Ugenya, Raila has already told the voters ahead of time that they should not let him down – that they should return Christopher Karan, who the court found had engaged in electoral malpractices, pointed out Ochuodho. “Kik ukuod wiya jothurwa, (Please don’t embarrass me), Raila told the voters when he went there recently. Even though Karan is unpopular, the ODM party still gave him a direct ticket.” David Ouma Ochieng, Karan’s chief opponent and the immediate former MP, whose petition was heard by the High Court in Kisumu, will be mounting a soap box when the by-election comes up on April 5, 2019.

“The Luo people were not ready for the Handshake,” said Mike Osilo, an information technologist in Nairobi. “Because they were ready for war. The state’s unceasing violence against the Luo people had created in them an appetite for unstoppable bloodshed. They were prepared to go the whole hog.”

Osilo said this hardline stance had been fomented during the October 26 fresh presidential elections when elections did not take place in four Nyanza counties (Homa Bay, Kisumu, Migori and Siaya). “For the first in the history of post-independent Kenya, a people had successively held back a state with all its militarised violence. From then on, the people decided there was no turning back and then the Handshake happened.”

“The Building the Bridges Initiative, the result of the Handshake, has now become a parastatal,” quipped Osilo. “It was meant to give jobs to the favoured boys. Everything is business as usual. If the Handshake and its appendage, the BBI, was serious in developing Luo Nyanza, it would have started by reviving Ahero Irrigation Scheme and the Chemilil, Muhoroni and Sony sugar factories…”

Osilo said Raila’s Handshake compensation promise to the families that lost their relatives in the last election, especially in Kisumu, has remained just that: a promise. “Immediately after the Handshake, Raila went down to Kondele, the site of the greatest state violence visited on a people. Scores of youth were killed by the GSU and Raila that night told their families that the government was going to compensate them. The people were in a very uncompromising mood, but Raila managed to calm them down. Twelve months later, there is nothing to show for that promise.”

“The Building the Bridges Initiative, the result of the Handshake, has now become a parastatal,” quipped Osilo. “It was meant to give jobs to the favoured boys. Everything is business as usual. If the Handshake and its appendage, the BBI, was serious in developing Luo Nyanza, it would have started by reviving Ahero Irrigation Scheme and the Chemilil, Muhoroni and Sony sugar factories, for instance. When I hear people talking of deliverables through the Handshake, I wonder where these deliverables are to be found.”

“Let it be on record: The much talked about dredging vessel brought to Lake Victoria actually preceded the Handshake – Raila just hijacked its launching on January 19, 2019. Likewise, the ongoing resuscitation of the Kenya Breweries Limited plant in Kisumu is not a product of the Handshake: KBL had already given the farmers the go-ahead [before the Handshake took place] to start sowing sorghum. As for the ferry transport on Lake Victoria, the World Bank had already mapped the lake for its Lake Victoria Transport programme as far back as 2016,” noted Osilo.

“One year down the line, the Handshake had become a forum for exchanging insults,” said Ochuodho. “Those who used Ruto to thrust a poisoned dagger into Raila’s back are the same people who are now are using him to stab Ruto in the back.” In Ochuodho’s view, “Canaan had become a mirage”, whose climax was deporting Joshua Miguna Miguna, a deportation Ochuodho squarely blames Raila for. “I can tell you this, the Handshake will not last – it will soon collapse, and after it collapses, Raila will walk away in shame, this time accompanied by old age.” The referendum which is supposed to be the outcome of BBI is “already poisoned,” summed up Ochuodho.

No bridges built in Kisumu

In the lakeshore Kisumu city, the Building Bridges Initiative (BBI)’s first anniversary went unnoticed. The residents we interviewed were resolute that the Handshake was still a puzzle and shrouded in mystery. Hence, the rapprochement means different things to different people. One year after it took place, it still dominates public discussions, eliciting more questions than answers.

“Did the Handshake simply substitute Luo-Kalenjin elite rivalry with the Luo-Gikuyu elite one? Are the Gikuyu elite now holding the ring between Raila Odinga and William Ruto? Who really is our enemy?” posed a middle-aged man at the Bunge la Wananchi (Peoples’ Parliament) meeting taking place under the huge canopy of an oak-like tree off the Kisumu-Kampala Road where real politik is earnestly and hotly debated during the lunch break.

For some of Kisumu’s residents, what the Handshake has succeeded in doing is resuscitate puzzling questions that revolve around Raila’s political deftness and survival instincts. “Raila’s an avid football fan and right now he has the ball…will he, this time just get away with a high ball against William Ruto? If he does, will Ruto, stand between him and the goal? Or, will he this time finally score the winning goal, now that the referees of the presidential tourney seems to be on his side?” mused Willis Ochieng. “Ruto is not a leader, he’s a dealer. There’s no doubt he would be bad for the country – he’s unsympathetic to the feelings of the people. But that aside, the big question that has been disturbing us is, just what is in it for the rest of the spectator crowd?

At the Kondele highway interchange, we met Shem Matiku, a cobbler who plies his trade below the interchange. Kondele was the site of fierce battles between the battle-hardened youth of the sprawling ghetto, who fought back the paramilitary police, the General Service Unit (GSU) in August 2017 after the first presidential election. Matiku had since put that terrible period behind him: “I’m an optimist. I believe Raila has the best interests of his people. Uhuru, unlike Ruto is not a hardliner, he could be a hard bargainer, but a bargainer nonetheless and that is why he made a pact with Raila.”

“Ruto’s too forceful,” reflected Matiku, in between shining his customers’ shoes. “It is as if he’s forcing the people to elect him: it’s either his way or the highway.” The cobbler observed that until Raila went into government, development in Luo Nyanza was lopsided. “Now we’re beginning to see some development our way: Kenya Breweries has reopened its factory and construction of roads has commenced and corruption is being fought…you know what…Raila helped Uhuru see state corruption in the government. Let the spirit of the Handshake flow. We support it one hundred percent.”

However, George Collins Owour, an astute civil society leader, is utterly unimpressed by the Handshake. “We wanted to put up a monument in honour of the victims of political violence, preferably at the Jomo Kenyatta sports ground and have Raila Odinga launch it,” said Owuor. “A monument that would tell the story of the victims of political violence, and a constant reminder to the youth of the dangers of political violence, while at the same time establishing a link between poverty and politics. The monument had been also intended to occupy a space for discussing political violence and how it distracts and destroys lives of many unhinged youth. It would remind them of the dangers of disorganised and unhelpful protests and thereby discourage them from participating in them.”

“The youth are always ready to participate in protests, but where are they now? Some were killed and maimed, others were arrested and falsely accused of robbery with violence and are now languishing in jail, having been forgotten,” lamented Owuor. “The irony is that the county government of Kisumu, while rejecting our proposal, was quick to fast track its own plans of erecting a statue in memory of Jaramogi Odinga.”

“Jaramogi initiated the Luo Thrift and Trading Corporation, which inspired small- and medium-scale business initiatives in Nyanza region. As a social democrat, Jaramogi also led popular grassroots movements for political and cultural awareness in the whole of East Africa,” said Prof Anyang Nyong’o, the Governor of Kisumu.

While the contribution of Jaramogi among the Luo community is in no doubt and cannot be contested, whether in Luo Nyanza or, indeed the entire country, to seemingly bury the history of the youth, who have paid with their lives for fighting for democracy, is callous and deceitful, bemoaned Owuor. “Let us not kid ourselves – the Handshake has not worked for the youth: the boda bodas (motor cycle riders), street vendors and hawkers are still suffering – some lost their lives, others are today living with live bullets in their bodies. Nobody talks about their plight and President Uhuru and Raila have largely forgotten about them.”

Owuor said it would be pretentious to build bridges when the youth have been neglected. “The youth had been promised Canaan. Instead what they got was a Handshake between two political bigwigs who cared for nothing as far as the youth were concerned. Because of this, Raila cannot hold a rally in Kisumu – the youth are still very embittered.” The divided opinion of Kisumu residents suggested that the Handshake was a self- preservation elite pact. Raila’s core political constituents, still hurting and nursing post- presidential election injuries and injustices since 2007, and suffering biting hunger pangs in these economic hard times, have been forced, yet again, to defer their quest for justice and reparations.

The civil society leader said BBI was a reward for the boys. “I’ve been seeing them in seminars taking selfies, and we’ve yet to see a preliminary report of its findings. If BBI was working, we wouldn’t have heard the kind of political rhetoric and bitterness we witnessed at the Kirinyaga governors’ conference. Truth be told, BBI has been overtaken by events…stupid…succession politics is the order of the day.”

The divided opinion of Kisumu residents suggested that the Handshake was a self-preservation elite pact. Raila’s core political constituents, still hurting and nursing post-presidential election injuries and injustices since 2007, and suffering biting hunger pangs in these economic hard times, have been forced, yet again, to defer their quest for justice and reparations.

Hard feelings, brought about by past betrayals by a cross-section of the Gikuyu elite, the construction of a few road projects, the appointment of a few sons-of-the-soil into public offices, and some subsidy for the beleaguered sugarcane farmers to numb the Luo people’s raw wounds, as they cheat them again, are still very real.

The mixed reactions also revealed a wide gap between the politics that the Handshake enabled at the county level – where incompetent, corrupt, and nepotistic leadership is the name of the game, and where Raila’s hard core support base yearns for a clean and competent government that can deliver healthcare, food, and clean water – and national-level politics, where the very same Raila has been baying for the blood of some of the corrupt, inept and ethnic chauvinists in charge of various ministries.

Drunk with power by proxy

At the county level, the Handshake, it seems, is politics as usual. It starkly reminds Kenyans, especially residents of Kisumu, Homa Bay, Siaya and Migori counties, that their political fortunes or misfortunes since independence have risen or fallen hard with every elite pact, and the ever changing political coalitions, mostly beholden to expedient political interests.

“This time, it’s a call for a big sacrifice from Raila’s political ambitions, an exchange for the quest for justice for the electoral malpractices and victims of police violence, for some ‘development’,” and ultimately, Raila’s quest for the presidency or premiership,” posited Martin Augo.

If Raila’s core support base yearns for competent and accountable county governments is unmistakable, then the Handshake seemed to make such demands only at the national government level, points out Willis Ochieng, a tenderprenuer who has worked in several county governments in western Kenya. “The Handshake,” said Ochieng, “ilituliza joto la siasa, lakini wananchi bado hawana huduma. Ma MCAs, wamesahau hata watu wao kabisa. Wanapigana bunge kujaza mifuko yao tu.” (The Handshake cooled the political temperatures, but the people still lack services. These MCAs have completely ignored the people who elected them. They fight in their respective assemblies to fill their pockets).

In several social media platforms, Kenyans envy the counties that have made remarkable progress and built infrastructure that makes county residents proud, such as the stadium in Kakamega County, the hospital in Makueni County, and the level-six hospital in Kisii County. But hardly anyone envies a hyacinth-free Siaya or Homa Bay or a world class football stadium in Migori. Raila’s strongholds, it seems, have nothing to show for the six years of the devolved government experiment.

Drunk with power by proxy, the party, it seems, is wasting its energy, distracted by chasing “the rat that is escaping a burning house” rather than putting out the fire that is consuming the house. ODM, it seems, reserves its harshest punishment for minnows, inconsequential transgressions and comical infractions, rather than the life-and-death violations of the men-only governors of its core ODM political base…

One hears only an occasional gnashing of clerical teeth, a dissatisfied Anglican Church of Kenya (ACK) Bishop James Ochiel of Southern Nyanza diocese, but hardly a gnashing of the second liberators’ teeth, the custodians of the spirit of the struggle against bad government, among them the Orange Democratic Movement (ODM) party’s honchos.

Drunk with power by proxy, the party, it seems, is wasting its energy, distracted by chasing “the rat that is escaping a burning house” rather than putting out the fire that is consuming the house. ODM, it seems, reserves its harshest punishment for minnows, inconsequential transgressions and comical infractions, rather than the life-and-death violations of the men-only governors of its core ODM political base – men who, except for Prof Nyong’o, are seen as corrupt, nepotistic, incapable and fantastically generous with cash hand-outs, often given to a few hangers-on as they ride out a lacklustre two-term tenure at the helm of the Homa Bay, Siaya, and Migori county governments.

The ODM mandarins and Raila evangelists would rather they shadow and listen to the double meaning of Aisha Jumwa’s supposed disloyalty and sexed-up taunts of kiuno kiuno (hip gyrations) or “Kanugo e teko,” in Kisumu-speak. Aisha Jumwa’s flaunting of her sex appeal, which seems to gain the ire of the mostly male ODM party honchos, might look comical, but it is a timely reminder than the ODM party leaders may have to work extra hard to keep women’s support. Many women who support the party are hurting and hard done by tough economic times.

No justice for victims of political violence

In Kisumu’s Obunga slum, we sat down with two women outside the aptly named New Obunga Pub, who out of fear of reprisal from ODM Kisumu party hacks requested anonymity. “Risasi oweyo goyo udi wa. tear gas orumo,” (The bullets have stopped hitting our houses and the tear gas is no more), said the lady with a spec of gray hair. “The only respite we have now is that people are no longer running helter-skelter…we, at least, can move freely,” intoned her younger friend. “But there is nothing much else: there is no business, no income, we can’t buy anything because we don’t have the money. You just hustle as hard and kama kawaida (as usual nothing has changed). There is no work for the youth.”

Many, especially women, are still hurting and carrying the scars of the political violence of the 2017 presidential elections. They are also deeply impacted by the tough economic times. “Women were raped. Some lost family members, and although some of the victims formed a support group and were given food at the Kenyatta sports ground, they didn’t get any other help,” said one of the women, a human rights defender, who was hunched over an old model laptop plastered with stickers.

Justice for the victims of political violence has remained a sticky sour question. Unlike their counterparts from Central Kenya, many of the internally displaced people (IDPs) or returnees who came back to Kisumu and neighbouring counties are still waiting for the token financial compensation for the loss of land or livelihood.

The majority of the victims of the recent political violence feel let down by their elected leaders. At best, the elected leaders have been opportunistic and at worst indifferent to the plight of the victims. Shena Ryan, who works with a youth group that runs a charity for the poor living with HIV on the outskirts of Kisumu city, said, “It’s not enough to pay for the funeral expenses and give hand-outs to the bereaved for cheap publicity. A politician’s still a politician, always looking out for cheap glorification.”

Ryan reckons that the Handshake had restored stability, no doubt, because “Kikuyus could now again trade freely in Kibuye. We went to the streets, to protest electoral injustices, and some of us were killed. No one has got justice. They are telling us the OCS Nyalenda will be charged. Until these policemen are charged, it will remain just a narrative.”

Said the social worker, “I wasn’t for the Handshake and now, with the knowledge of hindsight, it would have been better had we not poured into the streets. Until the two buffaloes who shook hands come back to the people, purposefully apologise to the victims of the police violence, that Handshake means nothing. Recently, when the duo visited [to attend Jaramogi Oginga Odinga’s memorial in Bondo], we were told, ‘Do not heckle Jakom. Who’s Jakom?’” The Handshake has returned us into a one-part state; we are all now in the Jubilee Party.”

In place of the elected leaders, a consortium of civic organisations comprising the Kisumu City Residents Voice, the Kondele Justice Centre, the National Informal Sector Alliance and Kisumu Joint Bunge Initiative, among others, have stepped in to pursue justice for at least 67 people who incurred various bodily injuries, both in the run-up to and after the 2017 presidential elections.

The consortium has petitioned the office of the Chief Justice of Kenya, asking Justice David Maraga to establish a tribunal to look into how security officers singled out and policed Luo Nyanza region during the last general election, to pursue justice for the victims of police violence, and to recommend the prosecution of the police officers who may be found to have been culpable of violence.

Mixed fortunes

Kisumu residents feel that their elected leaders are also indifferent to their economic plight. “Tich tire” (I’m hard at work) says Governor Prof Anyang’, who valorises the Protestant work ethic. But his constituents, such as Willis Ojwang’, retort, “Tich tire; to kech kecho,” (You are hard at work, but hunger bites sting).

Kisumu is no longer stuck in a socialist-like rut of drab municipal and civil service housing, uniformly dull in a state of disrepair, and the old ubiquitous rickety and dusty Peugeot 404 plying the Kondele- Kondele route that were kept on the narrow and badly maintained roads by the combined genius of the city’s mechanics and take-no-prisoners drivers.

The regional marine transport into the port of Kisumu is as good as dead. And the railway tracks are buried deep in the soil. Yet, the urban poor now cruise through the city’s new road networks and underpasses, four or five passengers in a tuk tuk, (rickshaw-type three-wheeler taxis) or as one or two passengers on a boda boda. Its streets, especially in the CBD, all the way to Kisumu International Airport, are well lit at night.

But the city has not yet turned a corner. Its economy is not yet as dynamic as its demography, especially as it draws in other East Africans, such as the Burundians and more Ugandans, who are hawking consumer goods in search of surplus incomes. More than the Protestant work ethic, Kisumu’s economy is in dire need of structural change, the revival of agricultural sectors and ventures into agribusiness, if only to mitigate the widening gender inequality gap and meet the demands of regional integration.

“How can Raila be happy with the Handshake when it has does nothing for us in Nyanza?” posed the women. “At least during the coalition government, the fish factories were revived. The nusu mkate [half bread] government delivered some economic dividends. The recent pact seems to have no economic agenda for the urban poor who bore the brunt of police brutality in the last presidential elections.”

Although the revival of the KBL Kisumu plant held hope for some, the two women we talked to in Obunga complained that the plant employs people from Nairobi, Uganda, Nyakach, and Machakos, not the residents of Obunga as they had hoped. Worse still, for women who have been left out of the city’s better-paying male dominated boda boda and the car wash businesses, the fish processing companies, which used to employ many women directly and indirectly through trading in mgongo wazi (fish skeletons) is closed. “It was big business for all. But with the coming of the Chinese fish, the companies closed. These companies now use their big freezers and cold rooms to store and redistribute Chinese fish,” said one of the women.

“How can Raila be happy with the Handshake when it has does nothing for us in Nyanza?” posed the women. “At least during the coalition government, the fish factories were revived. The nusu mkate [half bread] government delivered some economic dividends. The recent pact seems to have no economic agenda for the urban poor who bore the brunt of police brutality in the last presidential elections.”

“Prostitution is rife here,” one of the women told us. “If you guys stayed a little longer, you’d see a traffic of women moving up towards Kondele, Gwara-Gwara or Ka-Lorry where sex goes for as little Sh20 per shot. What has the Handshake done for us? It has pushed us into sex slavery,” moaned the woman dejectedly as the sun was setting on Obunga slum.

Youth too have missed the BBI boat. If university students’ campus politics is a good indicator for the shifting political alliance, then Kathy Gitau, the articulate, urbane, and charming vice chairperson of the Maseno University students’ council knows all too well how significant local politics, including campus politics, are intricately tied to the centre.

Clutching a long list of names of students who deserve bursaries this semester, which are due for submission, she agreed that the Handshake, “had cooled down political temperatures …brought political stability, freedom of movement, and good working relationship across ethnic divides, and on campus, bridged the ethnic rift between students”, making it possible for her and team to invoke the spirit of the Handshake to canvass for votes. As a coalition of three women and four men, and as a coalition of a Luo (chairperson), a Kikuyu (vice chairperson), a Luhya (treasurer), a Kisii and Turkana, they had been elected.”

Stated Gitau: “Before the Handshake, it was hard for a Kikuyu or Kalenjin to get elected by the students. Ethnic discrimination against the Kikuyu and Kalenjin was rife among students. ‘Why should we give you a piece of cake here when you have the national cake?’ argued the students. Our competence, individuality, strong gender and ethnic balance swept us into office. All candidates in our coalition, except one, were elected. We won by a landslide,” said Gitau.

Still, Ms Gitau had some reservations. The Handshake, she said, “has bridged the divisions among the ordinary citizens who can now interact freely, but it has also widened the rift among the political class. It has killed the opposition. Raila now has a central role in government because he seems to have edged out Ruto. This could, as well, affect us, pitting us in an endless cycle of disputes and divisions.”

She, however, admitted that she still doesn’t understand what the Handshake is all about. “Is it supposed to end in a referendum? If so, how will we participate in a process whose outcome or end game is unknown or seems predetermined? What is in it for the youth? Be that as it may, the Handshake seems to have shifted the focus away from the Big Four Agenda issues of food, healthcare, housing and industrialisation.”

Published by the good folks at The Elephant.

The Elephant is a platform for engaging citizens to reflect, re-member and re-envision their society by interrogating the past, the present, to fashion a future.

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Reggae Is Back!

By Victor Ndula ‘‘Hide nothing from the masses of our people. Tell no lies. Expose lies whenever they are told. Mask no difficulties, mistakes, failures. Claim no easy victories….’’ – Amilcar Cabral

On 1 February 1979, the political world’s attention was fixated on a chartered Air France plane flight number 4721 flying from Paris to Tehran, Iran’s capital. Aboard the flight was an unlikely passenger, Ayatollah Ruhollah Khomeini, who was returning to his home country from a long stint in exile and who had emerged as the de facto leader of the January 1979 Iranian Revolution. Khomeini was returning to Tehran after living in forced exile for almost 15 years. First sent to Turkey, where he detested the country’s overt secularism, he moved to Iraq, where he stayed for over a decade. Saddam Hussein kicked him out on allegations of regime change. Khomeini’s last base was at the Neauphle-le-Château on the outskirts of Paris, where he arrived in 1978, barely a year before the revolution.

Raila Odinga returned from a trip to the United States on 17 November 2017, right in the middle of agitations for electoral justice. The toll of the election protests, according to the Kenya National Commission on Human Rights, had left scores injured and about 100 civilians dead, including ten children, among them a six-month-old infant.

One hundred and twenty international journalists accompanied Khomeini on the flight as insurance, fearing that if he flew alone, the plane could become a target. He had sustained Iran’s revolutionary embers by ceaselessly sending home handwritten periodicals, which saw his popularity grow both at home and abroad. When Khomeini landed in Tehran, the airport was packed with thousands of Iranians yearning to catch a glimpse of the spiritual figure who had come to symbolise his people’s struggles and their eventual victory against the Shah, Mohammad Reza Pahlavi. It became extremely difficult for Khomeini to leave the packed airport, prompting his handlers to resort to a change of plan more than once. Despite the pushing and shoving, Khomeini managed to make his way to central Tehran, where in a symbolic gesture of solidarity with fallen Iranians, he visited the Behesht- e Zahra cemetery – the burial site of those killed during the revolution – giving his first address to the country, signifying complete victory for Iranians.

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Raila Odinga returned from a trip to the United States on 17 November 2017, right in the middle of agitations for electoral justice. The toll of the election protests, according to the Kenya National Commission on Human Rights, had left scores injured and about 100 civilians dead, including ten children, among them a six-month-old infant. Hundreds of supporters thronged Nairobi’s Jomo Kenyatta International Airport to receive the opposition leader. The intention was to escort Raila’s convoy to Uhuru Park, the historic grounds meant to host a much-anticipated homecoming rally at a time when opposition supporters were eager for a way forward. There was consensus within the opposition ranks that the Uhuru Kenyatta regime was illegitimate, thanks to a flawed electoral process that had resulted in the nullification of the 8 August 2017 election by the Supreme Court, followed by the 26 October 2017 vote that was boycotted by the opposition for fear of repeat irregularities courtesy of a non-reformed electoral commission.

With Uhuru’s wobbly regime in panic mode, hundreds of heavily armed security personnel were deployed at the airport and throughout downtown Nairobi. Defiant opposition supporters pushed against police guns, tear gas and water cannons, insisting that Raila had to enter Nairobi in triumphant fashion with supporters in tow. The windscreen of Raila’s bulletproof Range Rover was shot at and there were reports of several deaths and widespread injuries. The confrontation between the supporters and the police lasted throughout the day, a day that the Kenyan masses declared, like Winnie Mandela, that there was no more fear left.

Forming a human ring around Raila’s vehicle and those of his opposition colleagues, protesters pushed against charging anti-riot police for kilometres, scenes that had not been witnessed in Kenya since the mass protest “Second Liberation” rallies of the 1990s. The penultimate push was at the roundabout joining Haile Selassie Avenue and Uhuru Highway, where police unleashed the most lethal force – high-pressure water cannon sprays, unrelenting tear gas, bullet shots in the air, all of which the crowd pushed back against, refusing to yield. Upon overpowering the police once more, and emboldened by the mantra that the state can kill some of them but not all of them, the protestors proceeded towards the Uhuru Park entrance, shielding Raila’s SUV using their tired, scarred, beaten down and sweaty bodies.

Speaking emotionally atop his SUV about two hundred metres from Uhuru Park, where a portion of protestors had gathered, Raila announced Kenya’s “Third Liberation”, reiterating that the country had reached a point of no return, and repeating three times that Canaan, the metaphoric political Promised Land, was near. He castigated Uhuru Kenyatta, calling him a delinquent who had resorted to unleashing state terror on civilians.

As if entering Uhuru Park signaled the ultimate collapse of Uhuru Kenyatta’s government, the police rallied in desperation – shooting, throwing stones, deploying tear gas in a series of extrajudicial tactics that saw them succeed in dispersing the protestors. Vehicles were stoned and shot at, with tear gas canisters lobbed into some of the crowd. As Raila and his colleagues sped past, the message was clear to Kenyans watching the protest on live TV that Kenya had turned a corner. Never in the history of Kenyan resistance had the masses offered their fragile, hungry bodies as human shields in a day-long protest, walking right into imminent danger and refusing to budge. That day more than any other, Raila, who had earned a reputation for his tenacity in the liberation trenches for decades, earned the highest honour as the ultimate symbol of Kenyan resistance, a coronation of sorts as the Supreme Leader. There had been many protests before, but none resembled those that took place on that day. Protestors were willing to lay down their lives for Raila Odinga.

Speaking emotionally atop his SUV about two hundred metres from Uhuru Park, where a portion of protestors had gathered, Raila announced Kenya’s “Third Liberation”, reiterating that the country had reached a point of no return, and repeating three times that Canaan, the metaphoric political Promised Land, was near. He castigated Uhuru Kenyatta, calling him a delinquent who had resorted to unleashing state terror on civilians.

“Today I have a lot of anger,” Raila said, speaking in Kiswahili. “But first I want to thank you for coming to receive me at the airport…I am angry because of that boy called Uhuru Kenyatta. I have come back home but instead of a proper reception he is lobbing tear gas at me. Shooting at my people. Isn’t this barbaric?…Today is an important day in the political calendar of Kenya because we are announcing the Third Republic. I shall elaborate later. But today you have seen the signs, the signs of a collapsing government. Tell Uhuru goodbye.”

The anger and disappointment in Raila’s voice was palpable, making it clear that the man shared in the pain of the protestors who were desperate to reclaim their country and dignity. After the events of 17 November, everyone expected Raila to up the ante and exert more pressure on the state through the electoral justice movement, seeing that he had witnessed the sort of hardball Uhuru Kenyatta was willing to play. The masses, in standing in resolute solidarity with him, believed that Raila had the blueprint of what was shaping up into a people’s uprising against electoral authoritarianism, hoping and trusting that Raila was going to lead them towards complete liberation.

Was it naïve to have so much faith in a single individual?

On 30 January 2018, after weeks of hesitations and postponements, Raila was dramatically sworn in at Uhuru Park as the “People’s President” in a direct challenge to Uhuru Kenyatta’s government. Once again, thousands of wananchi threw caution to the wind and attended the event that had earlier been declared treasonous by the regime’s Attorney General. The event resulted in an anti- climax of sorts. Raila took the oath hurriedly before vanishing from the dais, after giving an equally rushed speech. His supposed equals within the opposition ranks were absent, possibly another red flag.

The swearing-in ceremony was followed by a crackdown on Raila’s lieutenants, which climaxed in the violent deportation of Miguna Miguna to Canada, where the lawyer had fled to in the late 1980s. Miguna, a Raila ally-turned-foe-turned-ally, bore the greatest brunt from the state response to the swearing-in.

Then all of a sudden, in the middle of the chaos, Raila appeared on the steps of Harambee House on 9 March 2018 accompanied by Uhuru Kenyatta. They shook hands, announcing what they christened as Kenya’s rebirth, as originally envisioned by their fathers. It was as if Khomeini had arrived in Tehran and in the midst of the chaos, gone forth to cut a backroom deal with the Shah in the name of giving Iran a rebirth.

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One of the watershed moments of the 1979 Iranian Revolution, barely a year after the Shah’s overthrow, was when university students sympathetic to Khomeini’s Islamic Revolution cordoned off the American embassy in Tehran, taking 52 U.S. diplomats hostage. It is widely reported that among the students was the future Iranian president, Mahmoud Ahmadinejad. On hearing about the siege, which apparently was planned and executed without his knowledge, Khomeini instructed the students to step down. But before the message was publicised, Khomeini was advised that the majority of Iranians supported the siege, and so for the sake of courting public opinion and consolidating the revolution, Khomeini was asked to reconsider his stand against the students, and instead support them.

In that decisive moment, Khomeini listened to the people’s voice and quickly retracted his earlier rebuke. The siege lasted 444 days, ruining U.S-Iran relations to date. In retrospect, the siege became one of the factors that consolidated the Islamic Revolution and Khomeini’s grip on power, against U.S. imperialistic adventures and asserting Iran’s sovereignty.

Apart from the imminent need to consolidate the revolution, Khomeini understood that as the de facto leader of a people, there comes a time when one stops making decisions based on self-interest, but instead surrenders to the people’s aspirations, despite the high stakes and risks involved. Khomeini was taking his leadership of the revolution seriously, a measure of a man who had been preparing for that moment for ages while exiled.

To his credit, much as he had his own ideas of what he wanted Iran to look like, Khomeini withheld them until such a time when the Shah was completely out of the picture, understanding that securing the revolution from counter-revolutionaries was as significant as the revolution itself. He had revolutionary discipline, and even though he became the most powerful individual in Iran, a near deity, Khomeini maintained an austere aura, living in a modest, barely furnished apartment and refusing to take office as either President or Prime Minister. Khomeini played a religious role, despite being the man wielding ultimate state power. In that sense, he managed to secure the Islamic Revolution as its chief vanguard, opting to stay in the shadows, which made him appear disinterested in the trappings of power in the eyes of Iranians, in a sense rising above everyday politics.

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By no means did anyone expect Raila Odinga to become Khomeini, even though he had his many Khomeini-esque moments. The issue at hand is how Raila unceremoniously deserted the electoral justice movement, which raises the question of whether he fully understood the amount of trust and weight of expectations opposition supporters had placed on his shoulders. One wonders whether for Raila, it was politics as usual – looking to get ahead of the pack in complete disregard for the electoral justice brigade.

Yet, whatever the spin in Raila’s favour, there is no denying that millions of Kenyans who coalesced around the electoral justice movement – on the streets, on social media or by donating money to the cause – felt a heavy sense of personal and collective loss when Raila, without the benefit of an open and transparent negotiation process, embraced Uhuru, who Raila had described as the embodiment of the problem with Kenya’s electoral justice system.

There is debate among his supporters as to whether Raila betrayed the people who were killed and injured during the protests, despite the counter-argument that everyone who showed up to the protests did so on their own volition, with a clear understanding of the attendant risks. There are those who say Raila betrayed the people’s movement. The counter-argument is that nothing was set in stone other than the swearing in, which Raila fulfilled, and the Third Liberation, which he may be pursuing in ways only he knows best.

Yet, whatever the spin in Raila’s favour, there is no denying that millions of Kenyans who coalesced around the electoral justice movement – on the streets, on social media or by donating money to the cause – felt a heavy sense of personal and collective loss when Raila, without the benefit of an open and transparent negotiation process, embraced Uhuru, who Raila had described as the embodiment of the problem with Kenya’s electoral justice system.

It was, of course, within Raila’s right to decide whichever way he wanted to play his politics. At the end of the day, he is just a politician with personal interests and shortcomings just like any other, despite his struggle credentials. In fact, history is replete with tens of liberation struggle heroes who turned out to be huge disappointments once they assumed power, or in their pursuit of power.

Raila, therefore, in his pursuit of power, has more than once made political deals whose actual benefit to the people of Kenya and their desire for a fully democratic state remains debatable. In a sense, throughout his political career, Kenyans have placed “Baba” Raila on a pedestal as a radical ideologue, and sometimes revolutionary, but time and again, Raila has chosen to play the moderate card. There is a school of thought that believes that Raila Odinga has been nothing but a political deal maker, a political entrepreneur of sorts. Even though Raila’s history is populated with a culture of perpetual deal-making, it can be argued that none of his previous deals have proven as politically monumental as his latest one.

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In 1996, when he opted out of his late father’s FORD-Kenya after failing to wrestle the party from an almost subdued Michael Kijana Wamalwa, the party shrunk, but it didn’t die. The grand march to State House, as Wamalwa liked to put it, continued until his ascendency to the Vice Presidency in 2003. Raila shifted to the National Development Party (NDP), under which he cut a deal with President Daniel arap Moi in 1998, merging his party with Moi’s KANU in 2002 to form New KANU. Again this time round there were no major casualties since Raila’s NDP family migrated with him wholesale.

Then in 2002, at Uhuru Park, despite having made separate deals with the likes of Simeon Nyachae, Raila held Mwai Kibaki’s hand and unilaterally said “Kibaki tosha”, making the opposition’s quest for a joint presidential candidate a fait accompli. Raila was later to become a Cabinet minister, after failing to secure a proposed role of Prime Minister. Raila’s lieutenant, James Orengo, had warned against supporting Mwai Kibaki, who he considered unprincipled. It did not take long before Raila got the short end of the stick, resulting in rising political temperatures that culminated in the 2007 post-election violence after a hotly contested 2005 referendum, which saw Raila and company exit government.

It has been argued that the hurried Kibaki tosha declaration fueled ethnic strife in Kenya. Kibaki’s 2003 presidency fermented the 2007/2008 post-election violence, after which Raila entered into possibly his only structured deal as Prime Minister.

The 2007/2008 post-election violence was the genesis of the Uhuru Kenyatta and William Ruto solidarity that assumed power in 2013 supported by Kibaki’s men. Raila described their victory as an electoral coup. The duo controversially retained power in 2017, and despite the controversies, Raila has made a deal with Uhuru Kenyatta. Looking at all this deal-making, conclusions can be drawn about whether these deals serve a bigger purpose other than seeing Raila’s personal and political star rise. In fact, an argument is made that Raila has become an eternal prisoner to these deals, since one deal heralds the next. The merger with Moi led Raila into a deal with Kibaki later in 2002, which led into a second deal with Kibaki in 2007, which then resulted in the new deal with Uhuru Kenyatta. Will there be more deals?

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Ordinarily, the relationship between fathers and sons is complex. Therefore, one can only imagine the sort of predicament which befalls sons like Uhuru and Raila, whose fathers were political colossi in their own right. Pressure persists for them to either protect their fathers’ legacies or to carve out their own fresh ones. Alternatively, there may arise a need for the son to make peace with the father’s enemies, for the sake of perpetuating the family name, or protecting family wealth. In this highly patriarchal world of fathers and sons, it is said that the sins of the father belong to the son, suggesting that sons cannot escape their father’s shadows.

When Raila and Uhuru made peace, the one thing that was apparent as the overarching theme in their joint sparsely-worded communique was that they were deeply convinced of the need to invoke the spirits of their fathers as a way of addressing Kenya’s perennial challenges. The two sons, therefore, revisited the ghosts of rivalry between Kenya’s first president, Jomo Kenyatta, and the country’s first vice president, Jaramogi Oginga Odinga. Their fathers started out as friends before becoming adversaries. The sons started out as rivals, and were now seeking to become allies.

Is the fulfillment of a long-standing obligation from a son who seeks to complete his father’s original journey pushing Raila to make compromises in his quest to lead Kenya? Conversely, Raila could be his own man with his own sense of purpose; his aim could be to cast a shadow larger than his father’s by succeeding where Jaramogi couldn’t. It may also be a concoction of the two, where the son’s ambition meets his father’s unfinished business, what some may find to be an even more blinding sense of mission. On his part, Raila always insists that he is his own man, best illustrated whenever he attempts to debunk the view that he and Uhuru are products of Kenya’s political dynasties. In the end, it may not matter whether Jaramogi is an influencing factor, since Raila will be judged by his actions.

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Raila Odinga has always fashioned himself as a visionary. This idea that he is driven by a larger common good, like Mbeki and Nkrumah, is what has earned Raila a following, especially within the intelligentsia, including at times when he hasn’t been able to articulate his ideas and ideological standpoints with coherence. But what Raila must not have been aware of as he went about his politics of deal-making is that others even greater than him have fallen because of the bad choices they made at critical moments.

In his book, Thabo Mbeki: The Rise and Fall of Africa’s Philosopher King, the Nigerian academic, Professor Adekeye Adebajo, examines what he calls the contradictions and paradoxes of Thabo Mbeki, considered one of his generation’s most important intellectual leaders in Africa. Adebajo contrasts the village boy who grew into a somewhat Black European in mannerisms with the radical Marxist who adopted conservative economic policies as South Africa’s president, and the intellectual giant who went against science in his HIV/AIDs denialism, which resulted in the premature deaths of an estimated over 350,000 South Africans. In Mbeki, Adebajo sees a young Kwame Nkrumah, a man with a vision for an Africa that holds its head high, yet who is flawed in terms of the faulty policy interventions and methods he deployed in governing his country. Quoting Kenyan scholar Professor Ali Mazrui, who famously remarked that “Nkrumah was a great Pan-Africanist but not a great Ghanaian”, Adebajo wonders whether Mbeki will be remembered as a great Pan-Africanist but not as a great South African.

Raila Odinga has always fashioned himself as a visionary. This idea that he is driven by a larger common good, like Mbeki and Nkrumah, is what has earned Raila a following, especially within the intelligentsia, including at times when he hasn’t been able to articulate his ideas and ideological standpoints with coherence. But what Raila must not have been aware of as he went about his politics of deal-making is that others even greater than him have fallen because of the bad choices they made at critical moments. For Raila, if his deal with Uhuru means he has effectively sold the country to electoral authoritarians – an unforgivable and possibly irreversible historical blunder – he may end up facing a tougher legacy predicament at home and across Africa.

Almost no one had the intellectual firepower to rival Mbeki’s within the African National Congress (ANC), and within Nelson Mandela’s and later Mbeki’s own government, where it is reported that cabinet ministers were intimidated by his brilliance. Yet, as Adebajo argues, despite his exceptionalism, Mbeki failed in many areas, including in making a connection with the South African masses who he wanted to serve. He was accused of being aloof, arrogant, and of operating within the proverbial ivory tower where he pontificated about his lofty “Africa Renaissance” aspirations.

It is under these circumstances that Mbeki committed some of his worst blunders, including creating a small group of ANC-affiliated black bourgeoisie businessmen (whom he later grew to despise) instead of adopting a broader economic intervention for the benefit of the majority black population. In the end, Mbeki was replaced by an intellectual underachiever, Jacob Zuma, who became a costly mistake for the ANC.

Raila Odinga had the masses on his side but instead he chose to cross over to Uhuru. Like Mbeki at the time of his unexpected removal from power, Raila is currently in a vulnerable position, left at the mercy of Uhuru Kenyatta’s fidelity to their deal, whose enforcement remains secret. In case something happened and Uhuru was to vacate the deal, leaving Raila exposed, it may result in the unceremonious end for Raila Odinga. Whatever the eventuality, whether he becomes President or Prime Minister or not, and whether he outperforms himself once he assumes any of these positions or not, history may remember “the handshake” on 9 March 2018 as a selfish short cut to power in exchange for forgiveness for merchants of electoral injustice against Kenyans.

By deserting the loose formation that had become the electoral justice movement and effectively exiting the opposition coalition without notice, Raila was communicating that he did not owe anyone anything, even if he had appeared to be making certain commitments to the masses along the way. At the end of the day, he seemed to suggest this was just plain old survival politics.

There are those who may argue that a lot was expected of Raila, and unfairly so. Yet there are many who for a long time believed that it was Raila’s personal responsibility – on his own behalf and on behalf of ordinary Kenyans – to ensure fundamental change happened in Kenya’s governance. The man was viewed as a messiah of sorts. Therefore, by choosing to become an everyday politician and seeking a backroom deal for himself – seeing that he went out alone in cutting a deal with Uhuru, devoid of any political structures – Raila was possibly reminding everyone, including those he may have deliberately or unintentionally led on, that he held brief for no one. People needed to stop projecting their political aspirations on him, and to allow him to be an everyday individual just like everyone else, with the leverage of making choices, including bad ones.

By deserting the loose formation that had become the electoral justice movement and effectively exiting the opposition coalition without notice, Raila was communicating that he did not owe anyone anything, even if he had appeared to be making certain commitments to the masses along the way. At the end of the day, he seemed to suggest this was just plain old survival politics.

Published by the good folks at The Elephant.

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