How the Berlin Conference Clung on Africa: What Africa Must Do
Monday, 28 February 2022
Saturday, 26 February 2022
Cry my beloved Kenya Airways
Professor at SUNY Buffalo Law School and Chair of the KHRC
What you need to know:
- Kenya Airways, or KQ, as it’s popularly known, once ruled the African skies.
- There was never a truer moniker for the national carrier than the “Pride of Africa”.
- Today, I write to mourn the possible – perhaps probable – demise of Kenya Airways, once a leading airline on the African continent. Kenya Airways, or KQ, as it’s popularly known, long, long ago – in the misty past unknown to anyone below 25 years of age – ruled the African skies.
- There was never a truer moniker for the national carrier than the “Pride of Africa”. Africans of every hue and nationality bowed to KQ and swore by it. But that was back then. Today, KQ might as well be named the “Shame of Africa”. Once an undisputed giant, KQ is but a dwarf of its former self. What happened to this monument to national pride? Who, or what, cannibalised it?
- Let me first lay my cards on the table before jingoists start ranting, and gagging. My late sister – may she rest in peace – was among the founding staff of KQ. She, along with everyone in the family, took deep pride in the national carrier. That’s why it pains me to write what some may see as a eulogy. But only an ostrich stupidly buries its head in the sand in the face of an oncoming cyclone. KQ is deathly ill, perhaps terminally, unless Kenya works a miracle. If not, we must ask ourselves for how much longer should the poor taxpayer continue to carry this carcass on her shoulder. Should we accept the inevitable and read its last rites?
- One can’t blame emergent post-colonial states for their fascination with state-owned, or funded, national airlines. Piercing the skies and borders of other nations through the national airline was the most emphatic and visible image of independence and national sovereignty, even if the boast was empty. Literally penetrating another country’s borders – especially a European one – brought Africans psychological satisfaction. The colonial “master” had to accept this form of “native” revenge. The national airline usually adorned the colours of the national flag just to drive the point home. That’s why the collapse of some national airlines – and Uganda’s comes to mind – was an incalculable blow to the national psyche. Most states maintained unprofitable national carriers for the sake of ego.
- Haemorrhaging KQ
- It wasn’t just in Africa where the national carrier is a measure of a state’s greatness. Many European countries measure their international standing by the girth of their national airlines. I vividly recall how despondent the Swiss became when Swissair – the choice airline for UN diplomats and jetsetters – literally and figuratively came crashing down to earth and plunged into the deep oceans. You could hear the national hollers all the way from Geneva. One would’ve been forgiven for thinking that the Swiss had been decapitated of their manhood by a machete. The Dutch tightly clutch on to KLM, the French to Air France, the Brits to British Airways, the Qataris to Qatar Airways, and UAE to the Emirates.
- Even the mighty Americans, although they’ve no official national carrier, take great pride in the privately-owned large carriers such as Delta, American, United, and others. Not to mention that America is the home of Boeing, the world’s most iconic airplane manufacturer. So “little” African countries like Kenya should be cut some slack for holding onto a hulking money pit like KQ. But a time comes when enough is enough. Over the last two decades, the Kenyan taxpayer has repeatedly bailed out the haemorrhaging KQ to the tune of billions – with a big “B” – of dollars. Mismanagement, corruption, looting, bad partnerships, the government’s fecklessness, and plain old stupidity have done in KQ. Covid has driven in the last nail.
- I heard that a certain imposing Gulf carrier wanted to make Nairobi its Africa hub. But corrupt government mandarins wanted to be kissed with millions of dollars. So the carrier took its wares and is now making some tiny Kenyan neighbour its hub. Very soon that country – no bigger than my native Kitui – could replace JKIA as the region’s dominant hub. If KQ dies and is buried, that tiny state will be Kenya’s only outlet to the outside world. When it rains, it pours. We will all be trooping through there, tail between the legs. Why? Because Kenyans – officials, the private sector, and citizens – are corrupt through and through. Who, or what, will slap us out of our slumber?
- Wide-body jet
- I end with a vignette. Last week I flew back and forth from Nairobi to Johannesburg. The flight there in a wide-body jet was on time and uneventful. The crew was excellent and the flight smooth. But the return leg was terrible. The nightmare started at the Oliver Tambo International Airport. It wasn’t clear whether to check in at Terminal A or B. We trekked back and forth. After check in, the departure gate became a mystery. It changed several times without warning. Then an interminable delay before departure. KQ ground staff were clueless. The flight crew was nice, although the pilot could’ve offered a full-throated apology. Should we just kill KQ?
- Makau Mutua is SUNY Distinguished Professor and Margaret W. Wong Professor at Buffalo Law School. He’s chair of KHRC. @makaumutua
- Source: Daily Nation tomorrow.
Thursday, 24 February 2022
Letter to Kakwenza Rukirabashaija
Bwana Mdogo Kakwenza,
I’m happy that, at last, you left the gaol you’re wantonly confined to, tortured, battered and humiliated. I thank Lord that they tortured your body but not your spirit. I thank God that you outsmarted them and fled even when you’re on bail for committing no offence. Your spirit is still fresh and committed. For, you’re recently saying that you’ll return to Uganda without sneaking as you sneaked out. Again, I’ve some nuggets of wisdom for you. It is too early to think about coming back and stand your ground. You need to underscore power dynamics between you and your muggers. First, next time, before you write any lampoon, please first read Festo Kivengere’s book, I love Idi Amin: The Story Of Triumph Under Fire In The Midst Of Suffering And Persecution In Uganda.
Bwana mdogo, remember. When you write something that can provoke even those you didn’t aim, you need to be very careful. When Kivengere wrote he loved Amin, it was to the contrary. And he got away with it. Sometimes, you can show your dander through laughter and vice versa. Let me give you an example of Kenya’s President Uhuru Kenyatta. When he wants to say a serious thing, he says it jokingly. If I were you, the title of the book would have been a very loving saviour or something close to it. What if the book were titled Our Selfless Saviour? Using such tactics and techniques doesn’t depict you as a chicken or anything but a shrewd thinker who wants to safely deliver his message to both those who likers and loathers. Why using poison to kill your enemy while using honey can? Also, keep your bolthole a top secret since barbarians nowadays hunt down their enemies even abroad.
Secondly, never use obvious innuendos, metaphor or anything close. Instead, you can think of what we call creative deconstruction. For example, why call somebody a greedy barbarian whereas you can call him a selfless fighter who fights for nobody except his family as Gen. M7 once told Ugandans to stop thinking he’s working for them as if he were their servant. If I were you, I’d use greedy pigs instead of barbarians since nobody’d like to associate him/herself with a hog. I know your intention’s well and you’re sick and tired of lowbrows and their hangers-on. But remember. God sends meat and the devil sends cooks. Who knows if the cooks for the powers that be are the ones who misconstrued your message and told your target to mercilessly descend on you? Next time, never involve yourself in a tweeting duel with the lowbrows. They’re coldblooded and are game for killing. Make sure you write something like Ngugi’s Matigari Manjiruungi or Ngaahika Ndeenda. Hopefully, you know these shrewd pieces by this doyen of literature.
Thirdly, why did you write about a greedy barbarian while Uganda either has none or is pregnant with many? Why one greedy barbarian while Africa––––Uganda included––––has millions of them? Did you aim at chopping the head or destroying the entire thing or just attacking the queen? If your title were about greedy barbarians and the milieu were about a barbarian, you’d have safely gotten away with murder young man. The sage’s it that if you want to hide a tree, hide it in the forest.
Anyway, I don’t want or intend to tutor you on how to write about something controversial you believe in. I know you young guys have torrid blood wishing to address everything brutally and truthfully. You’d like to solve all problems the world’s facing. Sometimes, you wrongly ruminate that our generation’s cowardly languid. And that’s why it produced greedy barbarians like those you targeted. Again, when you think of writing such stuff next time, please make sure you’re not within the barbarian’s jurisdiction when the stuff hits the shelves. I’m saying this to remind you that you need to know the type of banana republic you live in and the type of greedy and hard-nosed barbarians you’re dealing with. I want you to understand that freedoms and liberties we hear our politicos sing about are but theoretical. Even those the gurus of human rights who encourage us to fight for and enjoy our freedoms and rights such as the right to expression, in our humbly views, are the ones who have maintained barbaric and corrupt morons simply because they rob us and vend them the pillages. They’re the same that killed our radical leaders such as Patrice Emile Lumumba and Kwame Nkrumah among others.
Fourthly, never write something even a buffoon can crack. If your satire were highly knotty, those barbarians and goons that ordered your torture would not get it easily as they did. They don’t read books. Thus, I doubt what attracted them is the provocative title you give your book. I don’t want to go deeper into this since I haven’t yet read your magnum opus, which I wish I must read and learn one or two things about the greedy barbarian.
Fifth, before writing, you need to gage your enemy or target. Methinks you know what I mean. For example, there’s no reason whatever to write something that’d cost your dear and tender life. Think about your young family, own life and future not to mention your contribution to the nation. Also, remember, when you write anything allegedly to be against the dude who’s an avenger or the avenger himself who wield such much power, you must cover your tracks or ass. For today, this is enough. Pole sana Bwana Mdogo Rukirabashaija. To those persecuting Rukirabashaija, you’re tarnishing the good name of Uganda. You can kill or force one Rukirabashaija. Many are under your noses even though they don’t holler like dogo. To avoid their poisonous arrows, just accountably and equally do justice to everybody. Stop corruption, authoritarianism, hooliganism, nepotism, nihilism, and other isms of the sorts.
Source: Daily Monitor today.
I’m happy that, at last, you left the gaol you’re wantonly confined to, tortured, battered and humiliated. I thank Lord that they tortured your body but not your spirit. I thank God that you outsmarted them and fled even when you’re on bail for committing no offence. Your spirit is still fresh and committed. For, you’re recently saying that you’ll return to Uganda without sneaking as you sneaked out. Again, I’ve some nuggets of wisdom for you. It is too early to think about coming back and stand your ground. You need to underscore power dynamics between you and your muggers. First, next time, before you write any lampoon, please first read Festo Kivengere’s book, I love Idi Amin: The Story Of Triumph Under Fire In The Midst Of Suffering And Persecution In Uganda.
Bwana mdogo, remember. When you write something that can provoke even those you didn’t aim, you need to be very careful. When Kivengere wrote he loved Amin, it was to the contrary. And he got away with it. Sometimes, you can show your dander through laughter and vice versa. Let me give you an example of Kenya’s President Uhuru Kenyatta. When he wants to say a serious thing, he says it jokingly. If I were you, the title of the book would have been a very loving saviour or something close to it. What if the book were titled Our Selfless Saviour? Using such tactics and techniques doesn’t depict you as a chicken or anything but a shrewd thinker who wants to safely deliver his message to both those who likers and loathers. Why using poison to kill your enemy while using honey can? Also, keep your bolthole a top secret since barbarians nowadays hunt down their enemies even abroad.
Secondly, never use obvious innuendos, metaphor or anything close. Instead, you can think of what we call creative deconstruction. For example, why call somebody a greedy barbarian whereas you can call him a selfless fighter who fights for nobody except his family as Gen. M7 once told Ugandans to stop thinking he’s working for them as if he were their servant. If I were you, I’d use greedy pigs instead of barbarians since nobody’d like to associate him/herself with a hog. I know your intention’s well and you’re sick and tired of lowbrows and their hangers-on. But remember. God sends meat and the devil sends cooks. Who knows if the cooks for the powers that be are the ones who misconstrued your message and told your target to mercilessly descend on you? Next time, never involve yourself in a tweeting duel with the lowbrows. They’re coldblooded and are game for killing. Make sure you write something like Ngugi’s Matigari Manjiruungi or Ngaahika Ndeenda. Hopefully, you know these shrewd pieces by this doyen of literature.
Thirdly, why did you write about a greedy barbarian while Uganda either has none or is pregnant with many? Why one greedy barbarian while Africa––––Uganda included––––has millions of them? Did you aim at chopping the head or destroying the entire thing or just attacking the queen? If your title were about greedy barbarians and the milieu were about a barbarian, you’d have safely gotten away with murder young man. The sage’s it that if you want to hide a tree, hide it in the forest.
Anyway, I don’t want or intend to tutor you on how to write about something controversial you believe in. I know you young guys have torrid blood wishing to address everything brutally and truthfully. You’d like to solve all problems the world’s facing. Sometimes, you wrongly ruminate that our generation’s cowardly languid. And that’s why it produced greedy barbarians like those you targeted. Again, when you think of writing such stuff next time, please make sure you’re not within the barbarian’s jurisdiction when the stuff hits the shelves. I’m saying this to remind you that you need to know the type of banana republic you live in and the type of greedy and hard-nosed barbarians you’re dealing with. I want you to understand that freedoms and liberties we hear our politicos sing about are but theoretical. Even those the gurus of human rights who encourage us to fight for and enjoy our freedoms and rights such as the right to expression, in our humbly views, are the ones who have maintained barbaric and corrupt morons simply because they rob us and vend them the pillages. They’re the same that killed our radical leaders such as Patrice Emile Lumumba and Kwame Nkrumah among others.
Fourthly, never write something even a buffoon can crack. If your satire were highly knotty, those barbarians and goons that ordered your torture would not get it easily as they did. They don’t read books. Thus, I doubt what attracted them is the provocative title you give your book. I don’t want to go deeper into this since I haven’t yet read your magnum opus, which I wish I must read and learn one or two things about the greedy barbarian.
Fifth, before writing, you need to gage your enemy or target. Methinks you know what I mean. For example, there’s no reason whatever to write something that’d cost your dear and tender life. Think about your young family, own life and future not to mention your contribution to the nation. Also, remember, when you write anything allegedly to be against the dude who’s an avenger or the avenger himself who wield such much power, you must cover your tracks or ass. For today, this is enough. Pole sana Bwana Mdogo Rukirabashaija. To those persecuting Rukirabashaija, you’re tarnishing the good name of Uganda. You can kill or force one Rukirabashaija. Many are under your noses even though they don’t holler like dogo. To avoid their poisonous arrows, just accountably and equally do justice to everybody. Stop corruption, authoritarianism, hooliganism, nepotism, nihilism, and other isms of the sorts.
Source: Daily Monitor today.
FURTHER REFLECTIONS ON CCM’s 45th BIRTHDAY ANNIVERSARY.
CCM’s annual celebrations of its birthday anniversary on February 5th of every year , has always been the greatest political event of that month. This was also the case for the current year; when these celebrations, the 45th in the series, were duly held in Musoma. These celebrations are intended to provide an opportunity for the ruling party to reflect on its past performance , and on the way forward.
In our article of February 3rd, 2022; we discussed some of the positive factors which have facilitated CCM’s longevity as the country’s ruling party, ‘basking in the sunshine’ of the past huge electoral successes which have kept it in power. However in order to provide a proper balance in the presentation of these facts, we need to also take a look at the ‘negative’ factors, namely those that could possibly lead to CCM’s removal from power.That will be the subject of today’s article.
For the purpose of this presentation, I have deliberately excluded the unlawful, remote probability of the occurrence of an unconstitutional seizure of state power by the military (which post-colonial Africa has witnessed many times in many different countries). This is because, following the military coup in Uganda in January 1971, President Nyerere addressed a huge rally at the famous Jangwani grounds in Dar es Salaam, at which he not only strongly condemned this unconstitutional seizure of power by General Iddi Amin, but he also prophesied that no such coup would ever take place in Tanzania, in the following words:- “Mtu mmoja kichaa anaweza labda kunipiga risasi barabarani, akaniua. Huyo atakuwa amepindua serikali. Lakini hakuna mapinduzi ya kijeshi yatakayotokea. Hakuna.
Similarly, I have also excluded the unlawful activity of “hacking”, or otherwise “doctoring” the election results.
I am therefore talking only about the democratic process of changing power, as a result of civilized competition between political parties. For that purpose, I have identified two categories of ‘negative’ occurrences which could possibly remove CCM from power; which are the following:- (i) the effects of longevity itself;
I am therefore talking only about the democratic process of changing power, as a result of civilized competition between political parties. For that purpose, I have identified two categories of ‘negative’ occurrences which could possibly remove CCM from power; which are the following:- (i) the effects of longevity itself;
(ii) dangerous complacency; and
(iii) the self-inflicted injuries.
Analysis.
(i) A political party’s longevity in office may, unwittingly, create its own problem by being the cause of its downfall from office, and more particularly, the longevity in office of its op leader, who is normally designated “Chairman” or “President” of the relevant party. It is normal human nature for people to ‘get tired’ of their leaders who stay in office for long periods of time. They develop a feeling that they have had enough of his leadership; even just because they no longer find him interesting, or because he makes them angry or unhappy. They thus develop the urge to get rid of him.
Analysis.
(i) A political party’s longevity in office may, unwittingly, create its own problem by being the cause of its downfall from office, and more particularly, the longevity in office of its op leader, who is normally designated “Chairman” or “President” of the relevant party. It is normal human nature for people to ‘get tired’ of their leaders who stay in office for long periods of time. They develop a feeling that they have had enough of his leadership; even just because they no longer find him interesting, or because he makes them angry or unhappy. They thus develop the urge to get rid of him.
And, as happened in the case of President Kenneth Kaunda of Zambia in 1991, who was voted out of office when he lost that year’s Presidential election; with the result that his political party, the United Independence Party, was also defeated, and thus ceased to be Zambia’s ruling party. It is the awareness of this danger, that led to CCM adopting the policy of limiting its top leaders term of office to only two five year terms; which has paid handsome dividends, following President Nyerere’s own voluntary resignation from the Presidency in 1985.
(ii) The need to avoid complacency.
In this context, the word “complacency” is used to mean ‘a feeling of satisfaction with a situation, so that you do not think that any change, or improvement, is necessary. Fortunately, CCM has always wisely avoided falling into this dangerous complacency; and this is easily confirmed, firstly by CCM’s vigorous and serious campaigns, which the party always undertakes during all general elections; as well as by-elections; and secondly, by its convention, or rule, of carefully preparing “election manifestos” for each and every general election, outlining its policies and programmes which will be implemented during the post-election leadership period.
(ii) The need to avoid complacency.
In this context, the word “complacency” is used to mean ‘a feeling of satisfaction with a situation, so that you do not think that any change, or improvement, is necessary. Fortunately, CCM has always wisely avoided falling into this dangerous complacency; and this is easily confirmed, firstly by CCM’s vigorous and serious campaigns, which the party always undertakes during all general elections; as well as by-elections; and secondly, by its convention, or rule, of carefully preparing “election manifestos” for each and every general election, outlining its policies and programmes which will be implemented during the post-election leadership period.
The political gurus have said that “political parties are absolutely essential for the proper functioning of democracy; simply because democracy gives the majority the right to govern, and there is no acceptable way of establishing such majority without an open competition taking place between different political parties for the right to form the government; by resenting their different policies and programmes to the electorate; and each party trying to persuade that electorate to vote for its candidates, on the basis of their policies and programmes”. However, this doctrinaire argument does not, and cannot, extinguish the right of private candidates to participate in elections, a constitutional right which has, at all times, unfortunately been denied to Tanzanians.
But, unlike some of he other political parties, for some lame excuses, have opted to boycott some of the elections; CCM has adopted the option of seriously and vigorously participating in all the elections, in fulfillment of the requirements of the political parties Act of 1992, which impose on political parties (in the definition of the words “political party) the duty of participating in elections “for the purpose of forming a government, or a local Authority”. But CCM has also been making ‘deep reflections’ on its electoral performances after every such election, in order to enable it to design appropriate improvements, where necessary.
For example, immediately after the 2010 general election; CCM’s policy making body, the National Executive Committee, carried out long and serious deliberations regarding its relatively poor electoral performance, and made new decisions to improve its organizational structure, in a ‘surgical’ operation which was aptly code-named “kujivua gamba”
(iii) the “self-inflicted injuries”.
Experience has shown that the phenomenon of self- inflicted injuries is the ‘mega’ threat in this particular respect; as this is what contributed to diminished election victories in some of the past general elections, specifically the 2015 general election where CCM garnered the lows ever election victory, in terms of percentages, with only 58.46% for the Presidential candidate, and 73.86% of the total number of Parliamentary seats. Although these results were very good for CCM, but they were still worrying, when compared with the previous 2010 election victories, in which the Presidential candidate had obtained 61.17%; and 78.2% of the Parliamentary seats.
Examples of CCM’s ‘self-inflicted injuries’.
Failure to discipline its perceived ‘truant leaders’.
One such example was the apparent failure, during the 2005 - 2010 leadership period, to enforce discipline among some of its leaders at the national level. This was in connection with certain financial scandals, which generated a great deal of public anger countrywide.
(iii) the “self-inflicted injuries”.
Experience has shown that the phenomenon of self- inflicted injuries is the ‘mega’ threat in this particular respect; as this is what contributed to diminished election victories in some of the past general elections, specifically the 2015 general election where CCM garnered the lows ever election victory, in terms of percentages, with only 58.46% for the Presidential candidate, and 73.86% of the total number of Parliamentary seats. Although these results were very good for CCM, but they were still worrying, when compared with the previous 2010 election victories, in which the Presidential candidate had obtained 61.17%; and 78.2% of the Parliamentary seats.
Examples of CCM’s ‘self-inflicted injuries’.
Failure to discipline its perceived ‘truant leaders’.
One such example was the apparent failure, during the 2005 - 2010 leadership period, to enforce discipline among some of its leaders at the national level. This was in connection with certain financial scandals, which generated a great deal of public anger countrywide.
There were two specific “anger-generating” scandals which were closely associated with certain high-ranking CCM government leaders, namely the “Richmond” scandal; and the “EPA” scandal. The “Richmond” scandal surfaced in an acrimonious National Assembly debate, which eventually led to the forced resignation of then Prime Minister Edward Lowassa. This particular debate inflicted immense damage to CCM, for it created two antagonistic groups among its members of Parliament; one of which was labeled the “mafisadi” group; while the other presented itself as the “anti-mafisadi” crusaders; which dedicated itself to the task of seeking the downfall of the “mafisadi” group at the next following general election of 2010.
As that alone was not bad enough, this “Richmond” scandal was followed, in quick succession, by another equally damaging scandal, involving accusations directed at some leading CCM national leaders, who were alleged to have stolen money from the External Payments Account (EPA) of the Bank of Tanzania.
Such accusations, naturally generated a significant amount of anger among many Tanzanians, and thus hugely contributed to the loss of confidence in the ruling party top leadership, for failing to take action; and, consequently, gave rise to the presumption that the top leadership was deliberately protecting the abhorred “mafisadi” cadres within its ranks!
It is such damaging public perceptions that created what may be described as “collective anger” against CCM; and probably led to the very low turnout of voters at their respective polling stations on polling day for the 2010 general election, which was a dismal 42%; and contributed to CCM’s diminished CCM’s victory in the Presidential election, from 80.25 in the 2005 election, down to 61.17%.
And with regard to the parliamentary elections, the problem was further compounded by CCM’s imprudent selection of some of the “mafisadi” group, as candidates for the parliamentary elections. It was very much like “rubbing salt” in the wounds of the already angry electorate; which is probably what explains the very low turnout of voters referred to above, as a demonstration of protest.
Such “collective public anger” fits quite well into the definition of “self-inflicted injuries”; for it was brought about as a result of failure by the CCM top leadership to take appropriate disciplinary action against the culprits. It was at about the same time that the African National Congress of South Africa was going through very hard times, because of “corruption scandals” that were being associated with its top leadership. According to South Africa’s media reports coming out at that time, “South Africa’s ruling party is struggling to show the voting public that it can clean up the mess it has made. With voting trends suggesting a significant decline in its share of the votes, there is a very real prospect of the ANC being voted out of power at the forthcoming general election of 2019; which was unthinkable until recently”.
The importance of party discipline.
It should be noted that the culture of multi-party politics puts the greatest emphasis on two related factors. These are:
Such “collective public anger” fits quite well into the definition of “self-inflicted injuries”; for it was brought about as a result of failure by the CCM top leadership to take appropriate disciplinary action against the culprits. It was at about the same time that the African National Congress of South Africa was going through very hard times, because of “corruption scandals” that were being associated with its top leadership. According to South Africa’s media reports coming out at that time, “South Africa’s ruling party is struggling to show the voting public that it can clean up the mess it has made. With voting trends suggesting a significant decline in its share of the votes, there is a very real prospect of the ANC being voted out of power at the forthcoming general election of 2019; which was unthinkable until recently”.
The importance of party discipline.
It should be noted that the culture of multi-party politics puts the greatest emphasis on two related factors. These are:
(a) party organization; and
(b) party discipline.
This culture generally recognizes and accepts, that these two factors are the most fundamental features of any serious political party; which must “organize effective support throughout the country’; but must also be prepared to “ impose discipline on its leaders and members”, where necessary.
CCM’s organizational structure has served this party extremely well, by giving it the strength required to win competitive elections.
CCM’s organizational structure has served this party extremely well, by giving it the strength required to win competitive elections.
And it may be helpful at this juncture, to remember party Chairman John Pombe Magufuli’s “sweeping” positive reforms which he introduced into the organizational structure of our ruling party, thus providing it with a more suitable framework for more effective participation in the competitive politics of the multi-party political landscape.
But the disciplining of its members, and particularly its leaders where necessary, is of equal importance. We have already referred above, to the antagonistic groups which at one time developed among CCM members of Parliament during the 9th Parliament, and the damage which was caused by the failure to take appropriate disciplinary action against the culprits. This should be enough evidence of the importance of implementing party discipline, for its guaranteed survival as the ruling party.
“Reasoning with the worst that may befall”
This now reminds me of that famous English Playwright and dramatist, William Shakespeare, who wrote the following lines in his Julius Caesar, Act V, scene 1 : “since the affairs of men are uncertain, let us reason with the worst that may befall”
This presentation largely assumes that the affairs of electoral politics are equally uncertain. I have therefore “reasoned with the worst that may befall CCM”; namely the remote probability of its democratic removal from power; for the purpose of alerting it to the need to be prepared to guard against such an unwelcome eventuality.
piomsekwa@gmail.com/0754767576.
But the disciplining of its members, and particularly its leaders where necessary, is of equal importance. We have already referred above, to the antagonistic groups which at one time developed among CCM members of Parliament during the 9th Parliament, and the damage which was caused by the failure to take appropriate disciplinary action against the culprits. This should be enough evidence of the importance of implementing party discipline, for its guaranteed survival as the ruling party.
“Reasoning with the worst that may befall”
This now reminds me of that famous English Playwright and dramatist, William Shakespeare, who wrote the following lines in his Julius Caesar, Act V, scene 1 : “since the affairs of men are uncertain, let us reason with the worst that may befall”
This presentation largely assumes that the affairs of electoral politics are equally uncertain. I have therefore “reasoned with the worst that may befall CCM”; namely the remote probability of its democratic removal from power; for the purpose of alerting it to the need to be prepared to guard against such an unwelcome eventuality.
piomsekwa@gmail.com/0754767576.
Source: Daily News and Cde Msekwa today.
Monday, 21 February 2022
MIAKA TISA TANGU KUFARIKI RAFIKI YANGU JOHN WANDIBA KIJANA WA MJINI NA BAUNSA WA UHAKIKA
Hayati John Wandiba akiwa na Yvonne Chakachaka alipotembelea Tanzania enzi zile. Wangapi wanamkumbuka njemba huyu machachari? Nadhani akina Santana bado wanadunda. RIP JOHN
Saturday, 19 February 2022
Kenya’s reset moment beckons
By Makau Mutua
Professor at SUNY Buffalo Law School and Chair of the KHRC.
What you need to know:
A state can’t be better than its people and their leaders.
It’s never happened anywhere in the world, and Kenya is no exception.
During every presidential election cycle, pundits refer to the historical moment at hand. To hear them tell it, you’d think every presidential contest has historic – epochal – significance. That’s rarely the case. It’s akin to the story of the boy who always cried wolf without cause only to be in serious trouble when a real wolf actually waylaid him.
However, the August 9, 2022 Kenyan elections are truly epochal. Really. Kenya today stands at an inflection point. The country has lost confidence in itself. The populace is not at ease. The legitimacy of institutions is in doubt. It’s an era of discontent. Everyone is on a short fuse. The conspiracy of nature and man have made this a reset moment. States are only as good – or bad – as the people in them, and those who run them. A state can’t be better than its people and their leaders. It’s never happened anywhere in the world, and Kenya is no exception.
The character of a people is the crucible in which the nature of the state is forged. I am aware that the state is an instrumentality, an ogre, bent on the metaphorical consumption of humans. In other words, the state is naturally a controlling, repressive and jealous husband of its citizens and inhabitants. It wants to see – and know – everything. But it’s also a cultural and moral phenomenon. These two – culture and morality – determine the nature of the state.
Culture and morality
Culture and morality shouldn’t be understood as artefacts that exist in the museum of antiquities. They are dynamic and in constant evolution. They’ve a genetic fingerprint that distinguishes one culture, or moral structure, from another. You notice these stark differences when you travel from one country, or state, to another. Or even one region of the same country to another. Often, culture and morality seem intangible, but they aren’t. They are thick, and you can almost cut them with a machete.
Two particular cultures have been very critical for Kenya. The first is about political governance. The second is about ideological conviction. The two work together to produce the moral structures of the state and society. Let’s unpack them.
At independence, the state got off on the wrong foot. Rather than forging a united nation, our early leaders disagreed on the nature of political governance and ideological convictions that would anchor the emergent state. They put personal greed over the national interest. They put their ethno-cultural nations ahead of the idea of a Kenyan nation. As a consequence, the Kenyan nation has been stillborn – barely stirring in its crib. Often, we’ve almost choked the baby to death, as we did after the 2007 elections.
Later leaders were mainly the ideological children of the worst proclivities of our political forebears. And even when we make the right turn, we often find a way to end up in the ditch.
Ideological convictions
Our three single most important flaws are corruption, the tendency towards fascism and lack of public shame. Today, the corrupt and those who loot from Kenyans – the taxpayer and the littlest among us – are our heroes. They steal our future and give us offensive handouts that we fight over at political rallies without any concept of dignity. They keep us poor so that they can dominate us. They have found the political wand for domination – impoverish the people, make them desperate from disease, hunger and ignorance. Then colonise them through the police state. Even when you send Kenyans to school, the system makes sure they are undereducated. Graduates can’t string together two coherent sentences, let alone write a page.
We are a broken people. The state and our rulers have broken us. Then we have empowered them to continue breaking us. We’ve lost faith in each other and the state. Even the animals in Maasai Mara treat each other better because they don’t harm each other for gratuitous pleasure. They do so only in self-defence, or for dinner.
We destroy each other deliberately. We don’t understand that the welfare of one is the welfare of all. And that if one is harmed, then the whole is harmed. We need to reengineer our morality and culture – deliberately. This must start at home, our local communities and schools. We must recover – reclaim – our souls as individuals and as a state.
On August 9, 2022, we must choose leaders who have proven – in their public and personal lives – that they are not thieves and looters. We must choose leaders who can prove how they acquired what they own. We must choose leaders who understand how we can reset the moral structure, political culture, and ideological convictions of our people and the state. We must choose leaders who’ve proven they can love others, not just themselves. Leaders who will reset the foundations of our state and society. But to do so, we must – each and every one of us – reset our own moral and political codes and structures.
Makau Mutua is SUNY Distinguished Professor and Margaret W. Wong Professor at Buffalo Law School. He’s Chair of KHRC. @makaumutua.
Professor at SUNY Buffalo Law School and Chair of the KHRC.
What you need to know:
A state can’t be better than its people and their leaders.
It’s never happened anywhere in the world, and Kenya is no exception.
During every presidential election cycle, pundits refer to the historical moment at hand. To hear them tell it, you’d think every presidential contest has historic – epochal – significance. That’s rarely the case. It’s akin to the story of the boy who always cried wolf without cause only to be in serious trouble when a real wolf actually waylaid him.
However, the August 9, 2022 Kenyan elections are truly epochal. Really. Kenya today stands at an inflection point. The country has lost confidence in itself. The populace is not at ease. The legitimacy of institutions is in doubt. It’s an era of discontent. Everyone is on a short fuse. The conspiracy of nature and man have made this a reset moment. States are only as good – or bad – as the people in them, and those who run them. A state can’t be better than its people and their leaders. It’s never happened anywhere in the world, and Kenya is no exception.
The character of a people is the crucible in which the nature of the state is forged. I am aware that the state is an instrumentality, an ogre, bent on the metaphorical consumption of humans. In other words, the state is naturally a controlling, repressive and jealous husband of its citizens and inhabitants. It wants to see – and know – everything. But it’s also a cultural and moral phenomenon. These two – culture and morality – determine the nature of the state.
Culture and morality
Culture and morality shouldn’t be understood as artefacts that exist in the museum of antiquities. They are dynamic and in constant evolution. They’ve a genetic fingerprint that distinguishes one culture, or moral structure, from another. You notice these stark differences when you travel from one country, or state, to another. Or even one region of the same country to another. Often, culture and morality seem intangible, but they aren’t. They are thick, and you can almost cut them with a machete.
Two particular cultures have been very critical for Kenya. The first is about political governance. The second is about ideological conviction. The two work together to produce the moral structures of the state and society. Let’s unpack them.
At independence, the state got off on the wrong foot. Rather than forging a united nation, our early leaders disagreed on the nature of political governance and ideological convictions that would anchor the emergent state. They put personal greed over the national interest. They put their ethno-cultural nations ahead of the idea of a Kenyan nation. As a consequence, the Kenyan nation has been stillborn – barely stirring in its crib. Often, we’ve almost choked the baby to death, as we did after the 2007 elections.
Later leaders were mainly the ideological children of the worst proclivities of our political forebears. And even when we make the right turn, we often find a way to end up in the ditch.
Ideological convictions
Our three single most important flaws are corruption, the tendency towards fascism and lack of public shame. Today, the corrupt and those who loot from Kenyans – the taxpayer and the littlest among us – are our heroes. They steal our future and give us offensive handouts that we fight over at political rallies without any concept of dignity. They keep us poor so that they can dominate us. They have found the political wand for domination – impoverish the people, make them desperate from disease, hunger and ignorance. Then colonise them through the police state. Even when you send Kenyans to school, the system makes sure they are undereducated. Graduates can’t string together two coherent sentences, let alone write a page.
We are a broken people. The state and our rulers have broken us. Then we have empowered them to continue breaking us. We’ve lost faith in each other and the state. Even the animals in Maasai Mara treat each other better because they don’t harm each other for gratuitous pleasure. They do so only in self-defence, or for dinner.
We destroy each other deliberately. We don’t understand that the welfare of one is the welfare of all. And that if one is harmed, then the whole is harmed. We need to reengineer our morality and culture – deliberately. This must start at home, our local communities and schools. We must recover – reclaim – our souls as individuals and as a state.
On August 9, 2022, we must choose leaders who have proven – in their public and personal lives – that they are not thieves and looters. We must choose leaders who can prove how they acquired what they own. We must choose leaders who understand how we can reset the moral structure, political culture, and ideological convictions of our people and the state. We must choose leaders who’ve proven they can love others, not just themselves. Leaders who will reset the foundations of our state and society. But to do so, we must – each and every one of us – reset our own moral and political codes and structures.
Makau Mutua is SUNY Distinguished Professor and Margaret W. Wong Professor at Buffalo Law School. He’s Chair of KHRC. @makaumutua.
Source:Daily Nation and consent of Bro, Makau Mutua.
Wednesday, 16 February 2022
THE UNSUNG SPEAKER’s BURDENS: HIS/HER ROLE AS PARLIAMENT’s SPOKESPERSON
The events pertaining to former Speaker Job Ndugai’s resignation, and the process leading to Speaker Tulia Ackson’s election to that position; were altogether an entirely new experience to many of our people. This is because the last time such events occurred in our jurisdiction was in 1994, nearly thirty long years ago. Hence, understandably, these “novel” events stimulated some animated discussions among the interested members of the public; and I was asked several times by the media to comment on, or clarify, some of the issues involved in connection therewith, particularly those relating to the Speaker’s “meagre” election qualifications, and his/her leadership roles. And I responded by doing the needful, in several articles published in this column.
However, because of limited editorial space allocations, I could not cover some of the more important aspects; such as the question of the “Speaker’s burdens”; which include that of “defending Parliament’s decisions”. I have thus decided to make that issue the subject of today’s article.
The relevant background.
The British Parliament, the House of Commons, still maintains a tradition, which started at a time in its history, when the relations between Parliament and the Monarch were toxic, and extremely antagonistic. Thus, because the Speaker had the duty of conveying certain Parliamentary resolutions to the Monarch, an irate King, who was opposed to such resolutions, could demonstrate his anger by ordering the Speaker’s punishment, for the ‘crime’ of bringing such ‘treasonable ‘ messages to him. Hence, in view of that lingering danger, there developed a tradition for the person who was elected to the position of Speaker, to make a token show of reluctance in accepting that office, as a demonstration of fear for the consequences involved; whereby every newly elected Speaker of the House of commons had to be literally ‘dragged’ to the Speaker’s Chair, in a mock little ceremony.
However, because of limited editorial space allocations, I could not cover some of the more important aspects; such as the question of the “Speaker’s burdens”; which include that of “defending Parliament’s decisions”. I have thus decided to make that issue the subject of today’s article.
The relevant background.
The British Parliament, the House of Commons, still maintains a tradition, which started at a time in its history, when the relations between Parliament and the Monarch were toxic, and extremely antagonistic. Thus, because the Speaker had the duty of conveying certain Parliamentary resolutions to the Monarch, an irate King, who was opposed to such resolutions, could demonstrate his anger by ordering the Speaker’s punishment, for the ‘crime’ of bringing such ‘treasonable ‘ messages to him. Hence, in view of that lingering danger, there developed a tradition for the person who was elected to the position of Speaker, to make a token show of reluctance in accepting that office, as a demonstration of fear for the consequences involved; whereby every newly elected Speaker of the House of commons had to be literally ‘dragged’ to the Speaker’s Chair, in a mock little ceremony.
This ‘dangerous’ role of the Speaker is what I have referred to in the heading of this article, as the “unsung Speaker’s Burden”. In this context, the word “burden” means ‘responsibility that causes worry, or difficulty”. Thus, in pursuance of that responsibility, in February 2004, I published an article titled “In the defense of our Parliament” ; which was published simultaneously in two local English language newspapers, the Daily News, and The African, on 26th February, 2002, commenting on a judgment by the Court of Appeal of Tanzania, in the case of Julius Ishengoma Francis Ndyanabo vs Attorney General; delivered in Dar es Salaam on 14th February, 2002; in which the court held that: “Parliament exceeded its powers by enacting the unconstitutional provision”.
This is precisely the point which prompted me, as the Speaker, to defend Parliament’s decision in that regard. But surprisingly, that article raised a ‘hue and cry’ from some obviously uninformed gentlemen members of the media. One Kiswahili newspaper carried a front page headline with the malicious wording:‘MSEKWA AWASHAMBULIA MAJAJI”, which was a deliberate and mischievous misrepresentation of the facts.
This is precisely the point which prompted me, as the Speaker, to defend Parliament’s decision in that regard. But surprisingly, that article raised a ‘hue and cry’ from some obviously uninformed gentlemen members of the media. One Kiswahili newspaper carried a front page headline with the malicious wording:‘MSEKWA AWASHAMBULIA MAJAJI”, which was a deliberate and mischievous misrepresentation of the facts.
And another attack came from the Tanganyika Law Society , which responded (like the irate King in the story of the British tradition narrated above), by publishing its own misconceived statement, describing my article as an ‘assault on the Judiciary’, and falsely attributed to me certain words that I had not said in my article! For example, they falsely claimed that I “had challenged the decision of the Court of Appeal”; when, in fact, I had stated clearly therein, that “the offending provision is surely dead and buried”.
They also falsely claimed that I had “challenged the power of the court to make that decision”; when, in fact, I had fully acknowledged the power of the courts of competent jurisdiction to make such decisions, by quoting the 1984 constitutional amendments which gave them that power. As the incumbent Speaker at the material time, I was only carrying out my responsibility of defending Parliament’s decisions.
They also falsely claimed that I had “challenged the power of the court to make that decision”; when, in fact, I had fully acknowledged the power of the courts of competent jurisdiction to make such decisions, by quoting the 1984 constitutional amendments which gave them that power. As the incumbent Speaker at the material time, I was only carrying out my responsibility of defending Parliament’s decisions.
This is what I said: -Basically, I raised the following three “points of order” in that submission. One, that Parliament did not exceed its powers in enacting that legislation. In support of that assertion, I made reference to the High Court judgment in the case of Rev Mtikila vs Attorney General, (TRL 31); in which the High Court of Tanzania magnanimously acknowledged the wide extent of parliaments legislative powers, even in respect of the Constitution itself. The High court had held that “our Constitution confers on Parliament very wide powers of amendment; but they are by no means unlimited. These powers are to be found in article 98 (1) and (2). They are evidently wide, for in the first place, Parliament has power to amend even those provisions providing for basic human rights.
Secondly, that power is not confined to a small sphere. It extends to modification of those provisions; their suspension or repeal and replacement; or re-enactment or modification in the application thereof”
Two, an admission that the inherited British concept had been substantially been modified and qualified by article 64 (1) of our Constitution, which confines Parliament’s legislative powers only to matters that are specifically stated therein.
Three, that this court had unfairly ignored the Latimer House Guidelines for the Commonwealth” on ‘the relationship between Parliament and the Judiciary’; which provides that “the legislative function is primarily the responsibility of Parliament, as the elected body representing the people. Judges may be constructive and purposive in the interpretation of legislation but must not usurp Parliament’s legislative function.
Secondly, that power is not confined to a small sphere. It extends to modification of those provisions; their suspension or repeal and replacement; or re-enactment or modification in the application thereof”
Two, an admission that the inherited British concept had been substantially been modified and qualified by article 64 (1) of our Constitution, which confines Parliament’s legislative powers only to matters that are specifically stated therein.
Three, that this court had unfairly ignored the Latimer House Guidelines for the Commonwealth” on ‘the relationship between Parliament and the Judiciary’; which provides that “the legislative function is primarily the responsibility of Parliament, as the elected body representing the people. Judges may be constructive and purposive in the interpretation of legislation but must not usurp Parliament’s legislative function.
Courts have the power to declare legislation to be unconstitutional, However, the appropriate remedy should be for the court to declare the incompatibility of a status with the Constitution, leaving it to the Legislature to take remedial legislative measures”.
Four, that this court had also unfairly ignored the “intention of the Legislature” in enacting this legislation; which was ,firstly, to avoid vexatious or frivolous petitions; and secondly, to ensure that the respondents in election petitions are protected in terms of costs which they are forced to incur in defending their cases. But alas, in spite of these cogent arguments, I became the victim of attack by the said “irate Kings”.
Four, that this court had also unfairly ignored the “intention of the Legislature” in enacting this legislation; which was ,firstly, to avoid vexatious or frivolous petitions; and secondly, to ensure that the respondents in election petitions are protected in terms of costs which they are forced to incur in defending their cases. But alas, in spite of these cogent arguments, I became the victim of attack by the said “irate Kings”.
An abbreviated version of that article.
“On 14th February, 2002; the Court of Appeal of Tanzania delivered its judgment in the appeal case of Julius Ishengoma Francis Ndyanabo vs Attorney General; in which the court held that section 112 (2) of the Elections Act, 1985 (which requires a deposit of shillings five million to be made by a petitioner in an election petition, in order for his petition to proceed to hearing), was unconstitutional., and was consequently struck out of the statute book. But the Court of Appeal held further, that “Parliament had exceeded its legislative competence is limited to making laws which are consistent with the Constitution”.
The question of Parliament exceeding its legislative powers.
Article 64 (1) of the Constitution of the United Republic of Tanzania, 1977; provides that: “Legislative power in relation to all Union matters, and also in relation to all other maters which are not Union matters concerning Mainland Tanzania, is hereby vested in Parliament”. As in many other cases, this provision was inherited from the then British concept, that “the legislative authority of Parliament over all matters and persons within its jurisdiction is unlimited. A law might be unjust or contrary to sound principles of governance, but when it erred, its errors could only be corrected by itself”.
However, new developments that took place in the twentieth century, led Parliament to accept that its unlimited legislative powers should be qualified. But, perhaps unwittingly, the previous British concept of Parliament’s legislative supremacy was transferred to Tanganyika in its totality at the time of the country’s independence, through its inclusion in both the Independence and Republican Constitutions of 1961 and 1962 respectively; and is reflected in Mwalimu Nyerere’s in the House on 28th June, 1962 when he said the following:- “This Parliament can make any law. For example, it has power to pass a law, which provides that no one in Tanganyika should have the right to vote, except bachelors and polygamists. They have the constitutional power to do so; but our MPs will certainly not do that; simply because they are not insane. There is a distinction between the availability of given powers, and the practical use of such powers”. The Latimer House Guidelines.
These Guidelines were drawn up and approved at a meeting of Representatives of the Commonwealth Parliamentary Association; the Commonwealth Magistrates’ and Judges’ Association; the Commonwealth Lawyers’ Association; and the Commonwealth Legal Education Association; which was held at Latimer House in the United Kingdom, from 15th to 19th June, 1998; which adopted the resolution that was quoted above; which requires the courts, in the relevant cases, “to declare the incompatibility of a statute, leaving it to Parliament to take the remedial legislative measures”.
And in the case of Tanzania, this guideline was actually implemented through the constitutional amendments which were made in 1994 to by article 30 (5) of the Constitution of the United Republic; which prescribe the procedure to be followed where the court of competent jurisdiction considers that Parliament enacted legislation which is in conflict with the Constitution, aa follows:- “Where, in any proceedings it is alleged that any law enacted abrogates or abridges any of the basic rights set out in this Constitution, the court is satisfied that the law, to the extent that it is in conflict with the Constitution then, instead of declaring that such law is void, shall have power to afford the authority concerned a opportunity to rectify the defect, within such period and in such manner as the Court shall determine”. That is when I posed the question: why did the noble court of Appeal fail, or perhaps refuse, to adopt this procedure, which is prescribed by the Constitution itself?
It is worth noting, that in creating the said guidelines, the Latima House meeting also emphasized that “the successful implementation of these guidelines calls for a commitment made in the utmost good faith of the relevant national institutions, in particular the Executive, the Parliament, and the Judiciary”. In our case, both the Executive and the Parliament had done the needful in introducing the constitutional amendments referred to above.
“On 14th February, 2002; the Court of Appeal of Tanzania delivered its judgment in the appeal case of Julius Ishengoma Francis Ndyanabo vs Attorney General; in which the court held that section 112 (2) of the Elections Act, 1985 (which requires a deposit of shillings five million to be made by a petitioner in an election petition, in order for his petition to proceed to hearing), was unconstitutional., and was consequently struck out of the statute book. But the Court of Appeal held further, that “Parliament had exceeded its legislative competence is limited to making laws which are consistent with the Constitution”.
The question of Parliament exceeding its legislative powers.
Article 64 (1) of the Constitution of the United Republic of Tanzania, 1977; provides that: “Legislative power in relation to all Union matters, and also in relation to all other maters which are not Union matters concerning Mainland Tanzania, is hereby vested in Parliament”. As in many other cases, this provision was inherited from the then British concept, that “the legislative authority of Parliament over all matters and persons within its jurisdiction is unlimited. A law might be unjust or contrary to sound principles of governance, but when it erred, its errors could only be corrected by itself”.
However, new developments that took place in the twentieth century, led Parliament to accept that its unlimited legislative powers should be qualified. But, perhaps unwittingly, the previous British concept of Parliament’s legislative supremacy was transferred to Tanganyika in its totality at the time of the country’s independence, through its inclusion in both the Independence and Republican Constitutions of 1961 and 1962 respectively; and is reflected in Mwalimu Nyerere’s in the House on 28th June, 1962 when he said the following:- “This Parliament can make any law. For example, it has power to pass a law, which provides that no one in Tanganyika should have the right to vote, except bachelors and polygamists. They have the constitutional power to do so; but our MPs will certainly not do that; simply because they are not insane. There is a distinction between the availability of given powers, and the practical use of such powers”. The Latimer House Guidelines.
These Guidelines were drawn up and approved at a meeting of Representatives of the Commonwealth Parliamentary Association; the Commonwealth Magistrates’ and Judges’ Association; the Commonwealth Lawyers’ Association; and the Commonwealth Legal Education Association; which was held at Latimer House in the United Kingdom, from 15th to 19th June, 1998; which adopted the resolution that was quoted above; which requires the courts, in the relevant cases, “to declare the incompatibility of a statute, leaving it to Parliament to take the remedial legislative measures”.
And in the case of Tanzania, this guideline was actually implemented through the constitutional amendments which were made in 1994 to by article 30 (5) of the Constitution of the United Republic; which prescribe the procedure to be followed where the court of competent jurisdiction considers that Parliament enacted legislation which is in conflict with the Constitution, aa follows:- “Where, in any proceedings it is alleged that any law enacted abrogates or abridges any of the basic rights set out in this Constitution, the court is satisfied that the law, to the extent that it is in conflict with the Constitution then, instead of declaring that such law is void, shall have power to afford the authority concerned a opportunity to rectify the defect, within such period and in such manner as the Court shall determine”. That is when I posed the question: why did the noble court of Appeal fail, or perhaps refuse, to adopt this procedure, which is prescribed by the Constitution itself?
It is worth noting, that in creating the said guidelines, the Latima House meeting also emphasized that “the successful implementation of these guidelines calls for a commitment made in the utmost good faith of the relevant national institutions, in particular the Executive, the Parliament, and the Judiciary”. In our case, both the Executive and the Parliament had done the needful in introducing the constitutional amendments referred to above.
The decision by the court of Appeal to ignore these guidelines, provides a temptation for people to assume that perhaps it was lacking in its “commitment to the utmost good faith” that is required for the proper implementation of these guidelines! And I concluded with a humble admission, that this article “was a purely intellectual exercise, for it is clearly of no effect with regard to the Court of Appeal’s decision.
The full story, that is to say, the court of Appeal’s judgment; my published article commenting on that judgment; the Tanzania Law Society’s misconceived statement; and my rejoinder to that Statement; are all available in my book titled “The story of the Tanzania Parliament” (Nyambari Nyangwine Publishers, Dar es Salaam, 2012).
The Speaker is not only the Presiding Officer over the business of the House; he/she is also its spokesperson, and guardian of its privileges. This story hopefully helps to ‘bring to light’ the little known (unsung) Speaker’s burden of having to defend Parliament’s decisions in a hostile environment.
piomsekwa@gmail.co /0754767576.
The full story, that is to say, the court of Appeal’s judgment; my published article commenting on that judgment; the Tanzania Law Society’s misconceived statement; and my rejoinder to that Statement; are all available in my book titled “The story of the Tanzania Parliament” (Nyambari Nyangwine Publishers, Dar es Salaam, 2012).
The Speaker is not only the Presiding Officer over the business of the House; he/she is also its spokesperson, and guardian of its privileges. This story hopefully helps to ‘bring to light’ the little known (unsung) Speaker’s burden of having to defend Parliament’s decisions in a hostile environment.
piomsekwa@gmail.co /0754767576.
Source: Daily News tomorrow.
Tuesday, 15 February 2022
Kenya Presidential Race: How and Where Ruto Goofed on Kenyatta
No doubt. Kenya’s Deputy President, William Ruto is in a political limbo if not hot soup. If we can make sense of President Uhuru Kenyatta’s open avowal to back his archnemesis, former PM Raila Odinga in the coming general elections. This makes Ruto’s dreams to succeed his boss in toto unactualizable. Again, whom to blame in the first place? Ruto is. Why? The following reasons speak volumes as to why Ruto won’t make it to the statehouse in the coming general elections.
Firstly, Ruto goofed wrongly thinking that his political marriage with Kenyatta was the upshot of love. He however knew that this marriage of inconvenience was necessitated by the then looming ICC’s case the duo faced together. Maybe, he thought he’d outsmart or change Kenyatta before being outsmarted or shortchanged. Ruto knew that ganging up with Kenyatta won’t only provide an opportunity to take a stab at power but also would award and guarantee him support from the then government of Mwai Kibaki since Kenyatta was part of it.
Firstly, Ruto goofed wrongly thinking that his political marriage with Kenyatta was the upshot of love. He however knew that this marriage of inconvenience was necessitated by the then looming ICC’s case the duo faced together. Maybe, he thought he’d outsmart or change Kenyatta before being outsmarted or shortchanged. Ruto knew that ganging up with Kenyatta won’t only provide an opportunity to take a stab at power but also would award and guarantee him support from the then government of Mwai Kibaki since Kenyatta was part of it.
And, indeed, Ruto survived by using Kenyatta. Maybe, this made Ruto wrongly believe he’d use Kenyatta to achieve his covert goals. On Kenyatta’s side, he used Ruto to access Kalenjin votes. And this averted the duo the danger they’re temporarily facing together. Importantly, it’d be noted that Kenyatta didn’t like or love Ruto and vice versa. They’re just strange bedfellows. It was a strategy for survival since it didn’t only enable the duo to get assistance from the government but also awarded them presidency, which, though was Kenyatta’s but not for the duo.
Provided that Ruto survived on Kenyatta’s back, he forgot that the duo wasn’t equal and the same. Neither was it in true love. Thus, he lacked patience and needed more. The sage has it that nothing should be done in a hurry except catching fleas. Instead of studying his boss, Ruto myopically lowballed him and started behaving as a co-president instead of deputy. This has its dangers. Presidency’s a pomp position that doesn’t want any interference or co-ownership. Refer to what happened when Kibaki and Odinga entered the GNU not to mention the neighbouring South Sudan. To survive, Ruto needed unflappability of living in the stupor under the wings of his boss. Had he done this, Ruto would now be grinning instead of being grumpy.
Secondly, Ruto needs to blame and curse his overconfidence that blinded him to view Kenyatta as the guy he’d easily use as a door to the statehouse. Kenyatta’s born a politician who grew up in political family. He also enjoyed the backing and tutelage of Moi and Kibaki. Ruto’s overconfidence deluded Ruto and thereby forgot that almost all Kenya’s presidents were supported by someone to get to power. Kenyatta senior was supported by Odinga Senior. Moi by Kenyatta Sr and Kibaki by Odinga Jr and soon Odinga Jr will be supported by Kenyatta Sr paying his father’s debt. Who’s Ruto to disturb this legacy and strategy?
Thirdly, Ruto underestimated Kenyatta who’s smarter and more pre-emptive than Ruto. When he started acting as a co-president while he wasn’t, he forgot that nobody likes to share what’s his or hers otherwise doing so is for her/his advantage. In co-owning presidency, many things can happen. For example, what if the co-president seeks to dwarf another not to mention abusively using power to undermine another. By acting as a co-president, Ruto exposed himself, mainly when he started to be linked with venality and amassing wealth illegally. Failure to think that being a deputy president didn’t give Ruto automatic power of sharing power is the mistake he’ll forever regret. This is an albatross around his neck. It’s very hard to dispel or overcome. It becomes even harder when a tycoon like Ruto runs under the slogan of hustler that he realistically isn’t. This shows him as a con who seeks to hoodwink the majority of the Kenyan poor people. Sane people would want him to explain how he quickly amassed the alleged mammon.
Fourthly, Ruto refused to learn from history, especially that of his mentor and cloner, Moi who tolerated many blitzes and degradation from Kenyatta’s inner circle. This assured Kenyatta that if anything would happen as it did, he or his family would be in safe hands. What Ruto did is to count chickens before hatching.
Fifthly, Ruto failed to study Kenyatta’s decoys, namely caginess, clandestineness, unfussiness and wiliness. The sage’s it that wise men are never in a hurry. Kenyatta waited for the right moment to foray back, and he succeeded without any ado. So did Odinga. When Kenyatta pretended that he’s comfortable with Ruto’s behaving and thinking he’s co-president, Ruto bit a bait. Had it not been Ruto’s greed for power hurry and myopia, today, Ruto would have been preparing himself to succeed his boss.
Provided that Ruto survived on Kenyatta’s back, he forgot that the duo wasn’t equal and the same. Neither was it in true love. Thus, he lacked patience and needed more. The sage has it that nothing should be done in a hurry except catching fleas. Instead of studying his boss, Ruto myopically lowballed him and started behaving as a co-president instead of deputy. This has its dangers. Presidency’s a pomp position that doesn’t want any interference or co-ownership. Refer to what happened when Kibaki and Odinga entered the GNU not to mention the neighbouring South Sudan. To survive, Ruto needed unflappability of living in the stupor under the wings of his boss. Had he done this, Ruto would now be grinning instead of being grumpy.
Secondly, Ruto needs to blame and curse his overconfidence that blinded him to view Kenyatta as the guy he’d easily use as a door to the statehouse. Kenyatta’s born a politician who grew up in political family. He also enjoyed the backing and tutelage of Moi and Kibaki. Ruto’s overconfidence deluded Ruto and thereby forgot that almost all Kenya’s presidents were supported by someone to get to power. Kenyatta senior was supported by Odinga Senior. Moi by Kenyatta Sr and Kibaki by Odinga Jr and soon Odinga Jr will be supported by Kenyatta Sr paying his father’s debt. Who’s Ruto to disturb this legacy and strategy?
Thirdly, Ruto underestimated Kenyatta who’s smarter and more pre-emptive than Ruto. When he started acting as a co-president while he wasn’t, he forgot that nobody likes to share what’s his or hers otherwise doing so is for her/his advantage. In co-owning presidency, many things can happen. For example, what if the co-president seeks to dwarf another not to mention abusively using power to undermine another. By acting as a co-president, Ruto exposed himself, mainly when he started to be linked with venality and amassing wealth illegally. Failure to think that being a deputy president didn’t give Ruto automatic power of sharing power is the mistake he’ll forever regret. This is an albatross around his neck. It’s very hard to dispel or overcome. It becomes even harder when a tycoon like Ruto runs under the slogan of hustler that he realistically isn’t. This shows him as a con who seeks to hoodwink the majority of the Kenyan poor people. Sane people would want him to explain how he quickly amassed the alleged mammon.
Fourthly, Ruto refused to learn from history, especially that of his mentor and cloner, Moi who tolerated many blitzes and degradation from Kenyatta’s inner circle. This assured Kenyatta that if anything would happen as it did, he or his family would be in safe hands. What Ruto did is to count chickens before hatching.
Fifthly, Ruto failed to study Kenyatta’s decoys, namely caginess, clandestineness, unfussiness and wiliness. The sage’s it that wise men are never in a hurry. Kenyatta waited for the right moment to foray back, and he succeeded without any ado. So did Odinga. When Kenyatta pretended that he’s comfortable with Ruto’s behaving and thinking he’s co-president, Ruto bit a bait. Had it not been Ruto’s greed for power hurry and myopia, today, Ruto would have been preparing himself to succeed his boss.
Again, when Kenyatta said Ruto would succeed him after finishing his two term-presidency, Ruto’s blindly and pointlessly on cloud nine little knowing that a week in politics is a long time. Anything can change since Ruto failed to underscore the fact that humans are fickle. Who knew Kenyatta would back his archnemesis and dump his VP? Again, were Kenyatta and Ruto buddies or two enemies in the same bed?
Source: African Executive Magazine tomorrow.
Sunday, 13 February 2022
A season of hope – and fear
President Kenyatta and his deputy William Ruto display winners' certificates at the Bomas of Kenya on October 30, 2017 after IEBC declared the presidential election results. A close election is contestable, especially in the street, but a shellacking isn’t.
By Makau Mutua
Professor at SUNY Buffalo Law School and Chair of the KHRC.
On January 31, 2022, iconic cartoon artist Godfrey Mwampembwa – popularly known as Gado – took his pen to my visage in The Standard. His handiwork didn’t especially warm the cockles of my heart. But I suppose the cartoon would be pointless if it didn’t lampoon and mock me. That’s why free speech is a beautiful thing. I laughed out loud. However, the brilliant cartoonist had swung, and landed a big punch. I wasn’t quite sure whose noggin took the hit. Clearly, Gado was having fun at both my expense and that of ODM’s Raila Odinga. But it was the fiendishly menacing face – part hidden – in the crystal ball that caught my attention. Gado feared a titanic, if utterly Armageddon-like, clash.
Professor at SUNY Buffalo Law School and Chair of the KHRC.
On January 31, 2022, iconic cartoon artist Godfrey Mwampembwa – popularly known as Gado – took his pen to my visage in The Standard. His handiwork didn’t especially warm the cockles of my heart. But I suppose the cartoon would be pointless if it didn’t lampoon and mock me. That’s why free speech is a beautiful thing. I laughed out loud. However, the brilliant cartoonist had swung, and landed a big punch. I wasn’t quite sure whose noggin took the hit. Clearly, Gado was having fun at both my expense and that of ODM’s Raila Odinga. But it was the fiendishly menacing face – part hidden – in the crystal ball that caught my attention. Gado feared a titanic, if utterly Armageddon-like, clash.
That’s why Gado’s cartoon of yours truly was a metaphor for what might – or might not – happen on August 9, Anno Domini 2022. Let’s hope this year won’t reprise 2007/2008, decidedly an annus horribilis. A truly stinking year if ever there was one in Kenya’s history as a republic. In that year, Deputy President William Ruto and Mr Odinga were on the same side of the political pitch. Ranged against them was PNU’s Mwai Kibaki and Kanu’s Uhuru Kenyatta.
Neutral observers
They say Mr Kibaki prevailed, but Judge Johann Kriegler, the wily South African jurist, demurred. Incredibly, against all available evidence, he said we would never know the winner. It was Solomonic, but bitter to neutral observers and supporters of Mr Odinga. There’s no doubt Mr Odinga was robbed – in broad daylight. The man they call Agwambo made peace with Mr Kibaki for the sake of Kenya and joined him in a unity coalition government. In that moment, no one could deny Mr Odinga was a towering statesman.
Our country almost went to hell in a handbasket because of a stolen election. Some of our people summoned the devil in them and did unspeakable things. Countries and states can grow, or retard, from a cataclysm like that one. I would like to think though Kenya is a very noisy – and messy – fledgling democracy, it’s still the beacon of East Africa. Our laundry is dirty, but we democratically wash it in public.
On August 9, Mr Odinga and Mr Ruto will be on opposite ends. The battle has been joined and the student has raised his scythe against his master. An intemperate and impudent understudy has threatened to upend those who know better. Mr Ruto is clever, often by half. The man from Sugoi can look you in the eye and tell you the colour green is actually red. I often get the impression that he believes his own “alternative facts”. The headline going into August 9 is that Mr Ruto is dying to kick his boss in you-know-where. In Kiambu, the backyard of Jubilee’s Uhuru Kenyatta, Mr Ruto called his boss a pathetic dismal failure and laggard.
I am dumbfounded that Mr Ruto has thrown all caution to the wind. He acts and talks as though he has nothing to lose. He seems to have a premonition that he’s going down. That’s why the claws are out. I still don’t get his strategy. He wants to pull off a palace coup against his boss, albeit at the ballot. It’s never been done in Kenya. Mr Odinga, on the other hand, has taken the high road. He’s the international statesman. His allies have projected him as the safe hands. He has shied away from brawling with his junior pupil. But how long can Mr Odinga hold fire? My guess is not for long. And he shouldn’t.
A latent fuse
As the teacher, Mr Odinga should take his pupil back to the classroom and give him a 101 in whooping. It will be good for Mr Ruto and make him a better person. But what Gado feared might also happen. August 9 could be a latent fuse. This is what I fear, and hope doesn’t happen. That’s why, even as Mr Odinga lacerates Mr Ruto going forward, he must do so with clean, if merciless, shots to the body. Nay, to the noggin. By the time August 9 rolls around, Mr Odinga needs to make sure Mr Ruto is punch-drunk. He must punch again and again, over and over until he brings him to the point of political surrender.
What’s my point? My crystal ball calls for Mr Odinga to beat Mr Ruto with a convincing margin that any thoughts of lighting a deadly fuse akin to 2007-08 is unthinkable. That’s why Mr Odinga needs a formidable coalition of democrats and reformers to deliver a fatal blow to the politics of skullduggery, looting, and hypocrisy.
A close election is contestable, especially in the streets. But a shellacking isn’t. My view is that Mr Odinga is Kenya’s foremost liberator. His ascension to power would signal a huge step towards the maturation of our democracy. A win by the other guy would take us back to the 1980s.
Makau Mutua is SUNY Distinguished Professor and Margaret W. Wong Professor at Buffalo Law School. He’s chair of KHRC. @makaumutua
Neutral observers
They say Mr Kibaki prevailed, but Judge Johann Kriegler, the wily South African jurist, demurred. Incredibly, against all available evidence, he said we would never know the winner. It was Solomonic, but bitter to neutral observers and supporters of Mr Odinga. There’s no doubt Mr Odinga was robbed – in broad daylight. The man they call Agwambo made peace with Mr Kibaki for the sake of Kenya and joined him in a unity coalition government. In that moment, no one could deny Mr Odinga was a towering statesman.
Our country almost went to hell in a handbasket because of a stolen election. Some of our people summoned the devil in them and did unspeakable things. Countries and states can grow, or retard, from a cataclysm like that one. I would like to think though Kenya is a very noisy – and messy – fledgling democracy, it’s still the beacon of East Africa. Our laundry is dirty, but we democratically wash it in public.
On August 9, Mr Odinga and Mr Ruto will be on opposite ends. The battle has been joined and the student has raised his scythe against his master. An intemperate and impudent understudy has threatened to upend those who know better. Mr Ruto is clever, often by half. The man from Sugoi can look you in the eye and tell you the colour green is actually red. I often get the impression that he believes his own “alternative facts”. The headline going into August 9 is that Mr Ruto is dying to kick his boss in you-know-where. In Kiambu, the backyard of Jubilee’s Uhuru Kenyatta, Mr Ruto called his boss a pathetic dismal failure and laggard.
I am dumbfounded that Mr Ruto has thrown all caution to the wind. He acts and talks as though he has nothing to lose. He seems to have a premonition that he’s going down. That’s why the claws are out. I still don’t get his strategy. He wants to pull off a palace coup against his boss, albeit at the ballot. It’s never been done in Kenya. Mr Odinga, on the other hand, has taken the high road. He’s the international statesman. His allies have projected him as the safe hands. He has shied away from brawling with his junior pupil. But how long can Mr Odinga hold fire? My guess is not for long. And he shouldn’t.
A latent fuse
As the teacher, Mr Odinga should take his pupil back to the classroom and give him a 101 in whooping. It will be good for Mr Ruto and make him a better person. But what Gado feared might also happen. August 9 could be a latent fuse. This is what I fear, and hope doesn’t happen. That’s why, even as Mr Odinga lacerates Mr Ruto going forward, he must do so with clean, if merciless, shots to the body. Nay, to the noggin. By the time August 9 rolls around, Mr Odinga needs to make sure Mr Ruto is punch-drunk. He must punch again and again, over and over until he brings him to the point of political surrender.
What’s my point? My crystal ball calls for Mr Odinga to beat Mr Ruto with a convincing margin that any thoughts of lighting a deadly fuse akin to 2007-08 is unthinkable. That’s why Mr Odinga needs a formidable coalition of democrats and reformers to deliver a fatal blow to the politics of skullduggery, looting, and hypocrisy.
A close election is contestable, especially in the streets. But a shellacking isn’t. My view is that Mr Odinga is Kenya’s foremost liberator. His ascension to power would signal a huge step towards the maturation of our democracy. A win by the other guy would take us back to the 1980s.
Makau Mutua is SUNY Distinguished Professor and Margaret W. Wong Professor at Buffalo Law School. He’s chair of KHRC. @makaumutua
Source: Sunday Nation today.
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