Icarus tales: Power and Proximity in Kenya: Part 2

Guest Writer
12 February ,2019
“In a master stroke Mboya had helped forestall the no confidence vote and significantly weakened the KPU and Odinga.”

by Joash Onsando

Read part 1 here.

“Power is like real estate. It’s all about location, location, location. The closer you are to the source, the higher your property value.”

Frank Underwood, House of Cards.

In part one, I spoke about Interior CS Dr. Fred Matiangi’s meteoric rise to power in the Jubilee administration. Today, few would question the “property value” of the man who many now refer to as “Chief Minister”. I picked him, the subject of this article to illustrate the precarious nature of proximity to power in Kenyan politics.

If the history of Kenyan politics has taught us anything then that lesson would be that smart power is exercised indirectly, through trusted aides. Any politician of note will tell you that highly risky political maneuvers are best carried out by an agent. That way the principal can walk away without egg on their face in case things don’t go according to plan.

Our political past is littered with several examples of such agents. Typically, the agent is a highly effective, zealous and fiercely loyal individual. The principal will normally pick them and elevate them over their peers with resultant perks and trappings of power. The agent is normally a means to an end and as such is quickly disposed of as soon as the end is met. The fierce loyalty of the agent is hardly reciprocated by the principal.

The agent must know their place. They must not let newly acquired power get to their head. They must always remember that they serve at the whims of the principal, and therefore must always remain subservient and accountable.

By virtue of their position, the agent normally attracts envy and admiration in equal nature. Because of the high risk nature of the political maneuvers tasked to them, the agent inevitably makes many enemies, some very powerful enemies in the course of carrying out their assigned duties. It is these factors that make the position of agent, a blessing and a curse.

“Proximity to power deludes some into thinking they wield it”

Frank Underwood, House of Cards

No politician in history used this agency relationship as cunningly and effectively as former President Daniel Arap Moi. The August 1 1982 coup attempt transformed Moi from a soft spoken, amiable character whom some had described as a passing cloud to a seemingly intolerant political chess master who demanded unquestioning loyalty from the rank and file of KANU – the only party then.

It therefore came to pass that on December 17, 1986, after a series of provincial KANU conferences and a national conference at the Kenya Institute of Administration in Kabete, Moi unveiled the KANU Disciplinary Committee, KDC, chaired by one David Okiki Amayo to purge any dissent and disloyalty from within the party.

The committee’s formal brief was to grill members on discipline issues and punish those found to have flouted the party’s code of conduct or brought it to disrepute.

The KDC would quickly gain notoriety as a platform through which political scores were settled with little or no regard to due process. Its grilling sessions began with those summoned stating their name, occupation and whether they had pledged loyalty to the government, the party, the president and the ‘Nyayo Philosophy’. What would follow thereafter would be a charade of trumped up, comical and sometimes childish charges against respondents who were almost always found guilty. For many the best outcome of appearing before it would be writing an apology letter to the party with the worst case scenario being expulsion from the party. With Kenya being a one party state at the time, said expulsion was a death knell for many political careers.

The Amayo led committee was a law unto itself, paying no regard even to the constitutional protections accorded to sitting members of parliament. In 1987, the then Labour minister, Peter Okondo , himself a victim of the committee described Amayo’s conduct of party affairs as “boisterous, bloated and so bombastic as to make utter nonsense of reality and the truth”. Such was the notoriety of the KDC that a cabinet minister would have no recourse but to lament of its excesses in parliament.

On September 10th 1987, upon returning from a trip to Finland and Romania, President Moi unceremoniously disbanded the KDC at JKIA with a few terse words; “I want to dissolve the KANU Disciplinary Committee and it is hereby stamped out. I want wananchi to live without fear!”

And thus ended David Okiki Amayo’s reign of terror. Whilst he had served his purpose, he had also allowed power to get to his head. He had become too big for his breeches, punched way above his station and effectively become a thorn in Moi’s flesh. His political fortunes would slowly dwindle after that having more enemies that he could count. His loss to Phoebe Asiyo in the Karachuonyo Parliamentary race in 1992 ultimately dispatched him to political oblivion.

“For those of us climbing to the top there can be no mercy. There is but one rule: hunt or be hunted”

Frank Underwood, House of Cards

If I were to pick a historical figure with whom to draw parallels with CS, then it would be Thomas Joseph Odhiambo Mboya. Like Matiangi, Mboya was intelligent, focused, intense and arrogant to boot. Mboya had a way about him, he got things done by employing charm and his exemplary oratory skills. With little effort he managed to cut himself a niche above his peers at the Lancaster House independence negotiations and thereafter. His unique set of skills did not go unnoticed by founding President Jomo Kenyatta who appointed him in his cabinet, first as Minister for Labour and later on as minister for Economic Planning where he is credited to have authored, alongside others, the Sessional Paper Number Ten which defined the country’s economic policies.

Mboya’s first rather overt show of loyalty to Kenyatta, came in response to a report written, ‘Who Rules Kenya’, written by Nigerian journalist Zeeky Rukari. Rukari wrote: “Kenyatta is today one of the biggest land owners. He possesses 6000 acres of choice land”. This statement angered the Kenyatta administration and Mboya, leveraging on his international connections, volunteered to reach out to the Nigerian government, ostensibly to avoid similar embarrassment in the future.

After independence, Kenyatta and Odinga, his Vice President, clashed on many issues, key among them being land and the East- West divide, an ideological rift. This was a far cry from a few years back when Odinga had declared Kenyatta his “next God” whilst demanding for his release before independence! Tables had now turned and Kenyatta needed to neutralize Odinga. He knew Mboya was just the man for the job.

In a genius move, Mboya – then KANU’s Secretary – proposed amending the party’s constitution splitting Odinga’s party vice chair position to eight positions, one from each of the provinces. The rhetoric accompanying the changes was that KANU needed a more inclusive, national face and not seem like a Luo-Kikuyu affair. After long drawn political intrigue expertly managed by the young Secretary General, Odinga’s fate was sealed on March 9th 1966 at the Limuru KANU conference. The eight Vice Chairmen were elected with Odinga, who was absent, missing from the lineup.

Odinga then resigned as Vice President and formed his own party, the Kenya Peoples Union. Not one to take things lying down he planned a motion of no confidence in President Kenyatta in parliament. This was after a slow yet deliberate defection of MPs to the opposition benches in parliament. To forestall the vote, Kenyatta once again turned to his fixer in chief, Mboya. AG Charles Njonjo had crafted a legislation requiring any defecting MP to seek a fresh mandate from the electorate.

The house was called from recess and Mboya was tasked with ensuring that the legislation passed. From the dispatch box, Mboya managed to defend the legislation with such charisma and charm that it passed. The defections from KANU stopped as quietly as they had begun. Faced with the prospect of having to spend resources in fresh campaigns, many MPs simply stay put. In a master stroke Mboya had helped forestall the no confidence vote and significantly weakened the KPU and Odinga.

Unfortunately however, with Odinga out of KANU, Mboya was now more vulnerable to the political intrigue within the party. For being such an effective fixer and by extension a frontrunner in the Kenyatta succession race, he had managed to paint a bright red target on his back, so to speak. Mboya would fall to an assassin’s bullet outside Chhanni’s pharmacy, along the then Government Road (now Moi Avenue) on 5th July 1969.

Whilst it is unlikely that Jomo Kenyatta sanctioned Mboya’s death, it would be foolhardy to assume that he did everything in his power to protect his dear fixer.

The cases of Amayo and Mboya illustrate that proximity to power is a cup containing sweet yet perilous wine.

Granted the consequences of drinking from it could mean a step up to higher political office, an exception to the rule (at least according to history), but are more likely to result in political oblivion or worse!

This is the cup that Dr. Fred Matiangi holds today. He has no choice but to continue sipping on the wine, once you hold the cup, it is difficult to let go. If indeed President Uhuru has elected to neutralize his deputy, William Ruto, as his father elected to neutralize Odinga, and if indeed Uhuru has chosen him as his ‘Mboya’, then the peril increases several fold.

For Matiangi, this cup is a high risk, low return affair. He must develop eyes at the back of his ears, he must build bridges in the most unlikely quarters across the political landscape. He must understand that because perception matters, sometimes more than reality, DP Ruto’s friends are now his foes, and his foes are now his enemies. He must always be stoic even in the most challenging times. More importantly it would be helpful to derive lessons from the late Nicholas Biwott. He should never come too close to the fire as to get burnt, at the same time; he must not go too far from it as to freeze.

In conclusion, if nothing else, those close to power, the agents, must realize one thing, that the power derives from elsewhere. It is akin to the wings Daedalus crafted for himself and his son Icarus. They are wings made from feathers and wax. As they navigate the political scene, from such a precarious position, they must remember not to fly too high, lest the sun melts their wax, nor too low, lest their wings get weighed down by the spray of the water. Ultimately, it seems they are doomed to strive relentlessly until either happens.

Joash is a Kenyan thinker and budding policy analyst, with a passion for public sector governance and democracy. Find more of his work on medium.

Icarus tales: Power and Proximity in Kenya: Part 1

Guest Writer
5 February ,2019

by Joash Onsando

CS Dr. Fred Matiangi

On 21st January 2019, President Uhuru Kenyatta issued his first executive order in 2019. The purpose of the order is  to realign the manner in which government projects would be carried out. In the order, he established The National Development Implementation and Communication Cabinet Committee. The committee, tasked with five major functions, chief among them being supervising government projects, will be chaired by Interior CS Dr Fred Matiangi, who will be deputized by his Treasury and Planning counterpart, Henry Rotich.

No other Executive ordered by the President has received as much attention or raised as much controversy as order number 1 of 2019. However, the attention had little to do with its probity, either in law or otherwise (as has been the case with other controversial orders) but rather what it portends to the relationship between the President and his Deputy. There could be two reasons for this.

Firstly, the order explicitly states the Matiangi led committee’s reporting obligations as ‘’to His Excellency the President”. Before this, jubilee formal and informal communication has always made reference to “the Presidency” as though Uhuru and Ruto are attached at the hip. By breaking away from this norm, the President seemed to suggest said attachment was an inconvenience to him.

Secondly, the order seemed to have given the committee the exclusive mandate to do two things: i) Monitor and evaluate the progress of national projects, and ii) Provide coordinated strategic communication to the public and other stakeholders on the progress of national projects.

These two, seem to be the very functions the Deputy President purports to be carrying out in his whirlwind tours across the country (now aptly christened tanga tanga). On multiple occasions, the DP has dismissed critics who claim he is engaged in a premature campaign for the 2022 general elections. Together with his allies, the DP claims to be making his forays around the country strictly for development purposes. He has often stated that, as the President’s Principal Assistant, it is his job to communicate (read launch), supervise, and evaluate the status of Jubilee development projects. So to many pundits, the executive order seems to usurp roles and responsibilities assumed by the DP and handing them over to the Interior CS. If indeed this is the case then it is no accident that the President picked the CS as his hatchet man.

Fred Okenyo Matiangi is no stranger to controversy.  However, little was known about the former university don, before his appointment to the cabinet as ICT CS in 2013.

Since then, none of his cabinet colleagues have had to encounter and overcome as many challenges as he has. Further, none has accumulated as much notoriety as he has, in the execution of their duties. Dr Matiangi is also the only CS during Uhuru’s tenure to have held substantive and acting cabinet positions on two separate occasions, having acted in the lands ministry whilst at ICT and acted in the interior ministry whilst at Education.

His meteoric rise in public service began with a baptism of fire at the ICT ministry in 2015. He was tasked to oversee the migration of the broadcast industry from analogue to digital platforms. This move would prove to be particularly unpopular amongst many industry stakeholders, particularly media owners.

According to the MOA, the media owners lobby group, the migration exercise needed more time and consideration. Many observers saw their hesitation as being informed by the need to protect their business interests rather than the greater good they purported to be their motivation. The government position was a polar opposite. According to Matiangi, change was inevitable, and had to happen immediately. Both sides dug in, spoiling for a fight, a long protracted battle or at least it seemed so.

Kenyans had become accustomed to private corporate interest, holding sway over government policy positions that were in conflict with their own. Given how powerful the MOA lobby is, the expectation was that the CS would ultimately buckle under pressure and give in. Surprisingly however, Matiangi held his own and successfully oversaw the migration process. This was the first feather in his cap!

In December 2015, Matiangi was appointed CS for Education, Science and Technology. At the time, instances of leakages and cheating in national examinations had become so rampant that some education stakeholders openly expressed a complete lack of trust in the examination process and ultimately, the integrity of its results. The phenomenon of cheating in exam results had grown to what was then described as a cartel involving KNEC (the examinations council) officials, teachers, parents and students.

Upon assuming office and in his characteristic, bullish style, Dr. Matiangi moved to disband the Kenya National examination Council. Alongside reconstituting it under the leadership of a hardnosed, kindred spirit, Prof. George Magoha, the CS also instituted radical reforms to the process of administering and marking national examinations. Security measures during examinations were the most stringent ever seen. The marking process was also significantly expedited. The ultimate outcome was the announcement of KCSE results two months early and its results being hailed by many, as the closest reflection of the candidates’ performance the country had seen in a long time. Popular opinion was that the CS had taken on a powerful cartel and prevailed.

On July 8, 2017, Kenya awoke to the sad news of the demise of the then Interior CS Joseph Nkaiserry. The interior docket is not one to be left vacant for long. The president needed to find a replacement, fast! Matiangi was an obvious choice. He had proved himself many times over! However, one political consideration stood in the way; for some inexplicable reason, the internal security mandate seemed to have become a reserve of the Maasai community. From Prof George Saitoti and Katoo Ole Metito under the Kibaki regime to Joseph ole Lenku and Maj Gen Nkaiserry under Uhuru there seemed to be an unwritten rule or tradition that the docket was a preserve of Maa speakers.

With the general election only a few weeks away, it remained to be seen if the President was willing to antagonize the Maasai community by givin away ‘their seat’., therefore risking the loss of an important swing vote. A few days later the president took the gamble and appointed Matiangi, albeit in an acting capacity. Surprisingly, there wasn’t an iota of grumbling from the Maasai community. Seemingly, the CS was such a formidable pick that it wasn’t politically expedient for the Maa to grumble. Such is the position that Matiangi had horned for himself in the Jubilee administration. He had, over time, managed to establish himself as the poster boy for fighting cartels and corruption networks, at least in the eyes of the president’s support base.

Matiangi was, however not done endearing himself to the administration and its supporters. With the Commander in Chief being rather destructed by a strenuous campaign and the prospect of a general election too close to call, he was able to depend on him to hold fort, on matters security.  And that is exactly what he did.

With the Supreme Court ordering a rerun of the presidential election, the Jubilee administration was thrown into a tail spin. Its hitherto unchallengeable grasp on power hang on a thin thread and a firm hand was needed to restore the status quo. It was because of controversial and highly unpopular decisions such as proscribing the NRM as an illegal organization that allowed the president the kind of leverage he needed to prevail past the Jan 30th swearing in of the president and ultimately the handshake.

In the post handshake era, the CS has managed to widen his approval base beyond Jubilee supporters, particularly by his oversight of the clamp down on counterfeited goods and his ability to step into the gaps in the Transport ministry’s role with regards to reducing road carnage. This was further buttressed by his commitment to purge the country of not only illegal immigrants but also of undeserving holders of work permits.

When it is all said and done, one thing remains undoubtable; Matiangi has established himself as President Uhuru’s fixer in chief. His critics might disagree with his intentions and methods but even they would agree that he gets things done for his boss! There could be many factors that could have led to this. After all, no phenomenon is mono factorial in nature. He fondly refers to the President as ‘commander in chief’ as opposed to the more commonly used ‘his excellency’. This betrays a man whose unity of purpiose to drive the president’s agenda is to be carried out unquestioningly and with military precision!

  Dr. Matiangi was born in Borabu, Nyamira County. His academic journey culminated with him being conferred a doctorate degree from the University of Nairobi. His career before cabinet was illustrious to say the least. Hehas more than 12 years’ experience in democracy development including a six year stint at the Kenya Parliamentary Strengthening Project, rising through the ranks to the position of Chief of Party. He also has extensive experience in governance related research, civil society advocacy as well as donor funded democracy and government projects. Clearly his past roles served to prepare him well to understand government bureaucracy as well as the vagaries of navigating public sector environments while getting things done.

The CS has enjoyed the mentorship and patronage of former Gusii political supremo, Mzee Simeon Nyachae, who is rumoured to have influenced his appointment to cabinet. Mzee Nyachae will be remembered for having risen through the ranks of provincial administration faster than his counterparts. In fact, after being appointed as the PC for Rift Valley, a Senior Chief Titi quipped that Mzee Kenyatta had appointed a child as PC.

The 1975 assasination of Nyandarua MP JM Kariuki happened whilst Nyachae was the Central Province PC.  The general belief in the region was that government machinery eas behind the popular MP’s assassination. So great was the bitterness in the region that a song, ‘Maai ni maruru’ (water is bitter) was composed to condemn the killing. Realizing the need to contain a potentially volatile situation, Nyachae invoked the then Chief’s Act to ban the song! As if that was not enough, the PC stood up to be the only senior government official to have attended JM’s funeral. In fact he ended up reading the Jomo Kenyatta’s speech, a task that a number of senoir officials, including cabinet ministers Jeremiah Nyagah and Dr. Julius Kiano had turned down.

This is the kind of dedication and unquestioning loyalty to the powers that be that the CS inherited from his mentor and political Godfather.

CS Matiangi is  also an ardent member of the SDA Church. His public pronouncements betray a person who derives a lot of strength and resolve from his spiritual faith and doctrine. He seems to justify his zeal and bulldozer approach to issues by a firm held belief that his work is part of a wider divine agenda and plan to which he is only accountable to the God he serves.

He might be a man of many firsts but Matiangi is definitely not the first ‘fixer in chief’ we have seen in our history as a country. This position has and will remain to be a precarious one for any person to hold. Almost without exception, previous holders of this position have fallen from grace quite pitifully. George Santayana said ‘’those who do not remember the past are condemned to repeat it”. If nothing at all, the good CS must pay heed to these famous words even as he soars close to the sun, on borrowed wings.

Joash is a Kenyan thinker and budding policy analyst, with a passion for public sector governance and democracy. Find more of his work on medium.

Liberty and Demagoguery for all

Michael Onsando
11 December ,2018

“People should stop panicking about my traversing the country saying it is 2022 campaigns, I’m yet to start my campaigns because when I start they will be in for a rude shock”

“Wiper leader Kalonzo Musyoka now says he will be Kenya’s next president after Uhuru Kenyatta.”

The year is 2018. We had not one but two elections last year, finally Kenya gets the time it needs to take its mind of the divisive nature of electoral politics and focus on unifying, restoration.

“You mentioned democracy, earlier. I have qualms about the nature of our democracy itself. It did not matter whether one went to the polls or not; the ruling class had its own agenda and we were there to make sure it was the legitimate agenda. I dispute the idea that the vote was the ultimate culmination of a citizen’s civic responsibilities, that after this event, one was required to do little else for five years.”

It was Socrates who questioned the idea of the democratic vote by talking about how voting is a skill and should be taught to the masses. And only those who are educated in this sense would get a right to vote. Given the current elitist nature of education (and how horribly the electoral college seems to be doing for the US) this might not be the most popular of ideas. But Socrates didn’t believe that this (civic) education should be for a narrow few, rather he was more afraid of creating a system of demagoguery where leaders would gain popularity by exploiting the prejudice and ignorance rather than reasoned deliberation towards possible solutions. Or, the politics of tibim and ngai! versus politics that look towards creating solutions that work in the long term for the betterment of society.

This is definitely what it feels like is happening, and has been happening for a while. We have developed a politic that is centered on gunning for the top job and waiting for our turn to eat. Which is why the year after an election still somehow has the news focusing on the next presidency. The current presidency seems more set up as the president and leader of opposition on one side – and brother Samoei on the other. The dynamics of which point towards a conversation around class and heritage.

And this isn’t the first time we see this kind of manipulation. Every presidential election sees coalitions, political parties and allegiances built and dissolved based on winning probabilities (tyranny of numbers anyone?). Often these combinations are revised machines of what we saw from previous elections. Even further, across all sides we often see the same faces in different places. One can confidently say there hasn’t been a really new face at the top level of politics since independence. Somehow, despite battling for freedom, constitutional reforms and numerous hashtags and protests we seem to be in a semi stable, semi monarchy – and 2022 is the first time (at least it seems) that there’s little to hold the kingdom in place.

Which explains why everyone and their laptop thinks that this is the opportune moment to gun for the presidency.

The problem with demagoguery is that it puts aside current issues in favour of the flavour of the month. Rather than focus on looking for ways to fix problems and to find ways to grow us towards a sustainable future we have leaders caught on the current issue. Every week there’s something new to focus on (we’ve written about this before – the cycle of rage). The worst part is even if a leader came in with a proper agenda, where would they begin?

The problem, Socrates shows, is the public’s appetite for immediate answers. He uses the example of a debate between a doctor and a sweetshop owner. The sweetshop owner would simply claim that their product makes you feel good (skimming over the long term effects of excessive consumption of sugar) and it would be hard for the doctor to explain that their solution, while difficult to swallow would be better in the long term.

Perhaps the nature of the campaign has something to do with it. The labour of solving difficult complex societal problems demands one type of person, while the showmanship of the electoral campaign demands another. Rarely do  we find these two people in the same body. Maybe it’s our failing education system that leaves the larger population exposed to this type of manipulation.

“As a result the only source for any kind of idea is “I have seen this somewhere maybe it will work at home.” This leads to ideas such as this one, that stem from seeing a (largely) orderly situation and assuming its replication will come from just that – replication.”

Whatever it is, when your goal is the job rather than the solution policies come last. It’s like the idea is first get the money and get in, second pay it off and then finally try and fix some problems so you can get voted in again. And this kind of thinking leads to myopic ideas that won’t really fix anything in the long term. Rather we get debt for flashy but useless projects, roadside policies and a generally shortchanged public. So maybe for a year or three we focus less on who is going to be president think about how to enough go forward momentum as a country that the next time we try and change presidents the space doesn’t grind to a halt

Trusting that Kenya will Kenya

Michael Onsando
20 November ,2018

“Fresh produce growers are expected to be the main beneficiaries of trade deals that President Uhuru Kenyatta will sign on his visit to China next month.” 

Farmers set to reap big from China trade deals

 “Juzi mheshimiwa rais ameenda China amefungua soko, sasa tukona mkatgaba maalum ya soko ya kuuza mali yetu China. Na sisis watu wa sehemu hii, itabidi tumejipanga vizuri. Na wale watu wa China hawanunui mahindi, hawanunui miwa. Wanataka kahawa, wanataka chai, wanataka nyama, wanataka mambo hio”

 William Ruto

Perhaps one of the consequences of devolution is regional leaders are being held accountable more rigorously. Having been so publicly stated that the resources and power are in the hands of the county government the “big man has refused” excuse has been taken away. Of course devolution hasn’t worked like a charm as expected (ask the folks in the health sector, they’ll tall you a thing or two).

Especially in this second term presidency with campaigning haven started literally the year after elections and Okiya Omtatah calling for the polls to be brought forward by one year, most leaders are under pressure to show how they are best positioned for the reshuffling of the cards come 2021. In the absence of an incumbent for the uthamaki train, Jubilee might have Ruto as a front runner (or he’ll go start his own thing). Whatever happens, the political playing field is more open than it has been in a while – and this has every politician fighting for dominance, a swipe at the throne.

Maybe this is why Mwangi wa Iria turned to put the squeeze on Nairobi for 25% of the revenue from selling water from Ndakiani dam. Under pressure to, at least, show residents of his county that he is pursuing resources for their protection, this was one of the great ideas that came to him.

“The stranger here is not somebody we do not recognize but somebody that we recognize as a stranger, somebody we know as not knowing rather than somebody we do not know.” 

Who knows, knowing strangers and strangeness Sara Ahmed

“In essence then, belonging to a nation is simply the sense of connectedness with people one does not know and is unlikely ever to meet. The intellectual problem of the study of nationalism is understanding why and how people develop or fail to develop this belonging. Of note, the fact that this connectedness is not necessarily unproblematic.” 

Kenya is a cruel marriage, it’s time we talked divorce David Ndii

I’m not sure whether nationalism is the answer (because reasons ) but I am fascinated by identities, how they are created and what they mean for the things that we hold onto. And, in holding onto this Kenya, how bringing together of the 44 cultures and identities through a cohesive process. Especially since the borders didn’t naturally evolve through bargaining, conquest, allegiances and disagreements, we find ourselves in a bind fueled by the question “where do my interests lie? To whom does my self belong?”

Devolution, increasingly insists that the answer to this question is “look up, look around.” Which creates the pressure on local leaders to ensure that the county can squeeze the next county for money on water.

But what are the elements of identity other than the things we choose to agree to see as true, as common between us? And, in reaching for the things that are true – what do we find?

“Ni nchi ya kitu kidogo, nchi ya watu wadogo” 

Nchi ya kitu kidogo, Eric Wainaina

So maybe a more interesting question begins with the assumption that there are no things that exist to hold us together. Rather looking at the truth and asking, what “Kenyanisms” have we accepted as who we are? And how do these Kenyanisms affect how we interact with the things we hear, the things we understand? 

“Nandi Hills MP, Alfred Keter, and his Chereng’ani counterpart, Joshua Kutuny, alleged Ruto was advising farmers to abandon maize farming and start growing avocado and other crops because he wanted to monopolise the local maize market.”

Rebel Jubilee MPs claim Ruto is growing 500,000 acres of maize in Congo, Tuko news

It’s difficult to talk about trust when it comes to the political circus. Who does one trust, how does one trust? But increasingly what I’ve been wondering is how does the lack of trust stifle efforts? And what must be done to fix it?

This is one reason I’m very interested in this return to Michuki rules and the process currently ongoing on the streets. Because currently we trust the government to shake us up for money to pocket. We trust all the cops to be bribed for freedom. We trust that when the state moves to serve personal interests, rather than the common good.

Devolution creates a “common” and an “other.” So when I hear Ruto asking rift farmers to invest in different plants for export to a market in China I desperately want to hear a leader who is looking for opportunities for their people. But then I am taken back by how quickly and easily I believe a story (with no evidence) about a farm somewhere in the Congo. And, in that moment, I can’t help but wonder – how do we create systems we can trust? How is trust cultivated? And, in its absence, how can we build towards a together?

Why private prisons are not the answer

Michael Onsando
23 October ,2018

“It establishes the Kenya Prisons Enterprise Corporation, a State Corporation, which is mandated to expand the scope of the prisons work programs with the aim of unlocking the revenue potential of the prisons industry and ultimately turn it into a reformative and financially self-sustaining entity.” 

You don’t have to be a genius to figure out that the country is really struggling with its finances. Between the Uhuru Chinyatta debt memes (apparently the post Uhuru period will be Post Ma-Loan) and the increased taxes on everything, the states flailing financial state has had far reaching effects that everyone has felt in someway or the other.

So when Mr. Freedom decided to sign the Kenya Prisons Enterprise Corporation Order Of 2018 one can almost see where his pressure is coming from. Having announced his Big four agenda for his second term (the legacy run), private prisons kill two birds with one stone. They can count as job creation, plus the increased supply of (almost free) labour for can help in the steps towards industrialization.

“Many of us have had the police arrest us at spots on the road they have deliberately set up to shake us up for bribes. We have been arrested for merely being out at night. We have had the police accept bribes of KES 500 – 1000 from matatu drivers who have no business being on the roads, with no regard for the 14 – 48 people who may be in the matatu. They have allowed sexual harassers and assaulters to get away scot free even when they could have done something. The police have also been known to mete out brutality against those they believe are lesser than; those whose pain they think they can get away with causing; whose lives they consider disposable.” 

Police Brutality in Kenya

It’s difficult to imagine that private prison systems will work better here than in most places, especially given our affinity for corruption (haki ya mungu – itaisha). And it has been proven that private prisons increase the likelihood of incarceration and of higher sentences for pettier offences. And we know (because we know) that the burden of this need will fall on the marginalized in the society. We know that these extra arrests will come for reasons such as looking at a building suspiciously with intent to litter.

“If private prisons make their profit from criminal society, its goes against business sense to reduce criminality.”

The Problem with Privatising Prisons

The argument against private prisons is not a new one, creating a profit incentive for prisoners creates a demand for this labour and demands must be met. According to most news sources the Kenya Prisons Enterprise Corporation will be wholly state owned – maybe that means that they will be as deliberately bad at their job as most state offices but betting on inefficiency seems like a losing struggle. Especially when it comes to managing 86 prison farms with over 18000 acres of land.

Before the establishment of this corporation the Kenya Prisons Farms Fund and the Kenya Prison Enterprise fund handled the production and sale processes. According to a press release from the PSCU

“The two funds will be merged to ensure the new Corporations operated under a typical business model purposely to spur economic growth in the Prisons Department”

So state corporation or not profit is emphasized. And any good company that needs profit must find labour – this cannot be said enough. The creation of private prisons creates a need for prisoners.

Even as we wonder how we’re going to pay off the close to one trillion shillings that we owe the Chinese we must ask ourselves – just how much money will private prisons make/save the state, at what cost and is it really worth it? Then again, that might be asking for good ideas and, as we’ve seen, all we can really get from this government is tough talk.

Changing Landscapes

Michael Onsando
28 August ,2018

“The thing about saying something is happening is that change comes to everyone in its own time. And so to say that something is happening is to forget the millions that it is yet to happen to. It is to forget those who will die before that thing happens. And if the thing that was supposed to happen doesn’t happen in time for you – then did it happen?” 

It’s been particularly well known that, while Kenyan elections run on tribal math, this has always just been a narrative used by people in power to maintain their status as the ruling class. Still, tribe has been to blame for most of the problems facing Kenya’s political landscape. So much so has tribe been at the root of our problems that “tribless Kenya” is a movement hoping that, in organizing across tribal lines we can work towards a united country.

It makes sense that we can be herded around using tribe. The concept plays on our base ideas of “us” “ours” and a “sense of belonging.” (and participates in creating “them,” “theirs” and a “sense of unbelonging.”)

“In this narrative, corruption becomes a machine for the redirection of resources back to the people (idealized). Of course, in the absence of a colonial overlord, it just becomes stealing the meat from your own soup and serving it to the dogs. But institutions remember, and so corruption becomes the embedded language of the August house.” 

So what happens when the tribal numbers stop making sense? When it increasingly becomes apparent that “our man” will not help us?

“When my competitors are through with(mon-sun)sponsored headlines, paid opinion polls & fake news they are welcome to the real contest based on real mwananchi issues SGR, roads, connecting people to electricity, equipping our hospital &Tivets and matters water. Nawangojea huko.” 

The narrative changes.

“Siasa ya 2022 imengoa nanga (…) hii siasa si ya monarchy ukiamka asubuhi enda kwa huyu, jioni kwa huyu, kesho kwa huyu – hapana. Hata sisi maskini tutazaa kiongozi wetu maskini 2022 William Samoei arap Ruto” 

Mohammed Ali

It’s impossible to ignore that sanitizing effect that the defection of Mohammed Ali has on William Ruto’s character. How can you claim that a person is corrupt if the very person who was voted into government to fight corruption has aligned themselves with them? Buildings are destroyed, commissions are called, rumours are started, reports are written, life moves on – we forget about corruption.

Instead we focus on kiongozi wetu maskini.

Wetu.

The new narrative is the same old narrative. Just the objects that hold space of fearing the “other” have been changed. We begin to see battle lines drawn along the story of the people versus the empire.

“As three generations of firstborn sons, our childhoods couldn’t have been more different. One lived through the early years of colonialism. The next through the Emergency years. I lived through the austerity years of Nyayoism, in the dying embers of the political revolution that begun in the early 80s. Did that define our chosen crafts? From a health officer to a teacher to a writer?” 

It’s worth understanding why these narratives are sticky. One theory states that the independence struggle, while won, took its toll on the country. The only hope left on the other side was catching up with an ever-moving world. In this sense the goalposts shifted from self-determination to gathering resource (I imagine because it became more apparent that resource was the key to this self determination). It is from here single career stories were birthed (be a lawyer doctor engineer or embarrassment to the family). This kind of thinking thrived strongest in the Moi error where following a template and keeping your head down was a surefire way to success. But time passed and we are looking for different definitions of freedom, beyond the pursuit of capital to sustain a life that hadn’t been chosen. Increasingly people are looking for agency over their decisions and looking to where this agency will take (would have taken) them. And the gaps in infrastructure are becoming more apparent.

And the people are getting impatient (Africa is rising, why are we being left behind please?)

Juxtapose this emotion onto the landscape with dwindling tribal numbers and the stage is set for the class to thrive as a key driving story.

And it’s not that hard a story to sell. Kenyatta the first’s government systematically grabbed and redistributed resources amidst the political elite. Every government that has come after has participated, to some degree at least, in this tradition of creating wealth for the elite. And this wealth never translates into proper economic growth because it is not created with a plan or structure but rather through pilfering public funds and redirecting public resources.

So in this way, the Kenyan populace remains vulnerable to the “working president” as a narrative. Change looks like having a president who did not come from legacy and has no ties to empire to the Kenyan people because this is something we have no experience of.

Elections, however, are in 2022 and this is only 2018 – a lot can happen in 4 years. And it is impossible to say the age of political patronage is over. But it might be worth pointing out that it will not be enough to get by on “my people” alone moving forward. Already loud declarations are being made about holding the value of labour over identity so much so that the president had to say that he will not protect his brother if found guilty (he said he will, whether he will well…)

So how can the current landscape be used to the advantage of the people?

First, as already explained the narrative is strong because it is true. Kenya is long overdue a leader that is not part of empire (that leader is not the guy who stole land from a primary school or sold the country’s grain). Look around and find ways to support the leaders you think are actually working.

Second, use the narrative and circumstances to create pressure for the people currently in power. Remind them that the tribal numbers won’t help them next time and that it is the current scorecard that matters. Keep track of the things you and members of the community need done and present them to the people who need to get them done (you can email, tweet or whatever). Make sure your issues are heard – then watch for who is listening. If the battle is for who is listening to the people – then speak your truth.

Kenya’s Media Problem

Guest Writer
14 August ,2018

by Robert Munuku

When I turn on the television, I am not sure whether I am watching the news or a travesty of the same in the name of a glorified show of beautiful men and women dressed up in dashing tunics and layers of make-up smiling before our screens telling us what we should care about. I fear for journalism in this country, and flinch at the thought that the deterioration of one of society’s key institutions will be to our detriment.

Mainstream media in Kenya is far from politically neutral and this in itself is enough stir concern. A quick recap at the major mainstream media houses in our country: The Nation Media Group (which owns The Nation and NTV, Mediamax Limited (which owns K24), Royal Media Services (which owns Citizen TV and Radio, among other radio stations), the Standard Media Group (which owns The Standard and KTN), and Kenya Broadcasting Corporation (KBC).  I am intrigued by the ownership of these media houses, their board constitutions and their implied affiliations.

The Nation Media Group (NMG) is owned by the Aga Khan Foundation, founded in 1959 by his Highness the Aga Khan. At face-value this seems okay, after all, the foundation is more or less an autonomous entity. But when we take a look at the board members of NMG we see some familiar faces; allow me to pick one – Professor Olive Mugenda. Prof. Mugenda served as the Vice Chancellor of Kenyatta University (a public university) and was later appointed by the current President, Uhuru Kenyatta, early this year to the Judicial Service Commission (JSC). This may not mean anything and one could say she was vetted and therefore qualifies for the job. However it is often the case that such nominations are done based on trust and a history of loyalty.

The Kenya Television Network (KTN) was founded by Jared Kangwana, a close ally of retired President Daniel Toroitich arap Moi for years. This affiliation was accentuated in a land donnybrook four years ago where Kangwana stated that the former President had allocated the land to him.  Going by the former President’s endorsement of our current President in 1997 as KANU’s (Kenya National Union party) presidential flag-bearer, it would not be a far-fetched assumption that KTN and its mother company, Standard Media Group, leans more towards government. The former Kenya Wildlife Services (KWS) parastatal boss, Dr. Julius Kipng’etich, also sits as a board member of the Standard Media Group.

K24 TV is owned by the Kenyatta family to the best of the public’s knowledge; no need to say where their loyalties lie. The same goes for the Kenya Broadcasting Corporation (KBC) which is not only the pioneer media house in the country, but also a parastatal run by the government. We are left with one more mainstream media house to look to for authentic unbiased journalism – Royal Media Services or, if you prefer, Citizen TV.

In the 2013 general elections in Kenya, the owner of Royal Media Services, Samuel Kamau Macharia (popularly known S.K. Macharia), was seen standing next to the former Prime Minister, Raila Odinga, in a press conference at which the election results were being contested. Moments after the famous press briefing, several articles arose from independent media houses claiming that he was in fact using his media house, Royal Media Services, to support the former Prime Minister’s election bid.

Fast-forward to 2018, Royal Media Services conducted what is arguably the largest poaching drive in the industry’s history, literally milking-dry all their competitors, especially KTN and NTV (Nation TV of Nation Media Group).  Among those poached were KTN former Managing Editor, Joe Ageyo, whose new role is not clear yet given we have seen him intermittently reporting features for Citizen. Joe Ageyo was also one of the 2 journalists who moderated the 2017 Presidential Debate alongside the then Nation T.V. Managing Editor, Linus Kaikai. It is worth noting too that Asha Mwilu, an award-winning journalist who worked closely with Joe during his stint as Managing Editor at KTN, was poached together with him to join Royal Media Services. Another personality to note among the poached is Yvonne Okwara-Matole, from KTN. Like Joe Ageyo, she too was a moderator for the running-mates’ debate in the 2017 general elections.

Linus Kaikai, Larry Madowo and Ken Mijungu were summoned to the Criminal Investigations Department (CID) headquarters for allegedly refusing to comply with a directive regarding the airing of the former Prime Minister’s ‘swearing-in’ ceremony. One month later, Larry Madowo resigned from his post at the Nation Media Group. Linus Kaikai, who was accosted with him, also resigned shortly after the summons to CID headquarters. He later moved to Royal Media Services.

It is said that “grand alliances between two great powers are generally the least effective.” Could this apply to the infamous ‘handshake’ between our President and former Prime Minister? Would it be so absurd to entertain the possibility that the shake-up in the media is connected to this?

When I turn on the news, all I see is tragedy; rape at Moi Girls Secondary School, the recent demolitions by NEMA, hordes of corruption cases from that of the National Youth Service (NYS) to the more recent of supposed misuse of office by the former governor of Nairobi. I know when a dog bites a man it is no news and ‘news’ would only constitute the opposite, but have we taken ‘bad news’ too far? Has our news been reduced to insensitive sensationalism of even the most tragic moments of our times? Do journalists care about telling the truth – about sharing honest stories from the same masses that the media fraternity serves, or is winning an award for a story more important for them?

Has mainstream journalism in our country been co-opted by the political elite?

Robert Mũnũku is a visual artist, writer & filmmaker based in Nairobi. Mũnũku is also the founder of Mau Mau Collective which is an organization that seeks to create a strong network of independent visual artists, filmmakers & performing artists on the continent. Follow him on Twitter @robertmunuku

When something has to give (or, towards hope)

Michael Onsando
24 July ,2018

“The system adopted in Kenya is African Socialism, but the characteristics of the system and the economic mechanisms it implies have never been spelled out fully in an agreed form.”

  • Sessional Paper No 10 of 1965, Part I, 6

“There are two African traditions which form an essential basis for African Socialism—political democracy and mutual social responsibility. Political democracy implies that each member of society is equal in his political rights and that no individual or group will be permitted to exert undue influence on the policies of the State. The State, therefore, can never become the tool of special interests, catering to the desires of a minority at the expense of the needs of the majority. The State will represent all of the people and will do so impartially and without prejudice.”

Perhaps the imagining of an idea must always happen at it’s purest. Perhaps there was more room to be optimistic at the birth of the nation. Whatever it is I always feel a sense of possibility when I read article from around post independence Kenya. There’s a feeling of thought and deliberateness from the collective on what things should mean/how they should be.

The story of the Ndungu Report is one of systematic perversion of established procedures meant to protect public interest for political gain and the unjust enrichment of a few. It needs to be told.”

Ndung’u Land Report

Still, the story itself is in the telling. It’s also around the time that these ideals were being spoken of that the country was being divided amidst anyone who could afford to be in the room (or, as legend has it, according to how long mzee Kenyatta slept).

“Corruption scandals have become a “fact of life” for many Kenyans, who have come to regard them as just another facet of Kenyan life, alongside high taxes, poor service delivery, our “cult of personality” approach to politics and religion, and the misfortunes occasioned to us by terrorism. These burdens seem to be ours for the long haul, and we seem to have accepted them, albeit half-heartedly. It is tiresome to watch or listen to the news; even being on Twitter at a time when one was not prepared for shock or disappointment can derail one’s entire day.“ 

Maybe it is the rise of report realism, maybe it is the coming out of 24 years of repression under Moi or maybe the writers are just often in a bad mood. Today’s tone is less hopeful, less believing. It’s impossible to go through the papers without sensing the despair. There is no hope, looking for hope or trying toward hope. Only a resounding cry of how deep in it we are – and how much deeper we are going.

A theory I’ve heard floating around involves institutional memory. This narrative begins with Kenya as an idea that was imposed upon these 43 peoples. Not through war, territorial battles and forging of trusted relationships are we bound, but by subjugation. In this narrative, corruption becomes a machine for the redirection of resources back to the people (idealized). Of course, in the absence of a colonial overlord, it just becomes stealing the meat from your own soup and serving it to the dogs. But institutions remember, and so corruption becomes the embedded language of the August house.

A friend writes on email,

“At some point many of the people who start off working against corruption end up in the very positions of power that dictate that they steal. Because people have failed to realize that politics is not a subjective game. You don’t come into it with your feelings and try to change it. The people who have been the greatest change factors have always done so outside of the political system – especially when the issue was corruption.” 

There must be more at play here.

Another friend of mine talks about how it is not what power is but rather what it is about spaces (obligations, responsibilities and roles) and how those spaces shape us. To come up against institutional memory is to have an institution remind you what you are coming up against.

“If they want to fight drug barons if they want to fight the al shabaab, if they want to fight crime – they can do it. But they can’t fight crime, they can’t fight al shabaab, they can’t fight barons because everyone has a cut in it.”

Mohammed Ali

“In a video, the angry youth called out Moha for betraying the trust they had on him by associating with the Jubilee government despite corruption scandals rocking the government from within.” 

“The ultimate objectives of all societies are remarkably similar and have a universal character suggesting that present conflicts need not be enduring. These objectives typically include— 

(i) Political equality;

(ii) Social justice;

(iii) Human dignity including freedom of conscience;

(iv) Freedom from want, disease, and exploitations;

(v) Equal opportunities; and

(vi) High and growing per capita incomes, equitably distributed.”

Perhaps, when working towards this goal, and in defining this goal – we lost sight of what it looks like.

“We must see killability as too high a price to pay for development, for peace.” 

  • Keguro Macharia

And maybe we’re tired of paying the price.

Are Kenyans Over-represented?

Brenda Wambui
17 July ,2018

Before we passed the 2010 constitution, we voted for the president, and members of parliament for our respective constituencies. After 2010, a Kenyan voter now has to elect the president and their deputy (on one ticket), the governor and the senator for their county, the woman representative for their county, the Member of Parliament for their constituency, and the ward representative (also known as the MCA) who sits in the county assembly. The first time this took place was in the March 2013 general election.

Kenyans who voted elected six representatives per person (if we consider the president and deputy as one representative – the presidency). If we had felt under-represented before, this was no longer the case. We have one president (who comes attached to a deputy president), 47 governors (and their 47 deputies), 67 senators (47 elected by counties, 16 nominated by their parties, 2 members representing the youth, and 2 representing persons with disabilities), 349 members of the national assembly (290 constituency representatives, 47 woman representatives, and 12 nominated members of parliament). We also have 2,526 MCAs. That’s 2,990 members (if you count all the deputies, it becomes 3,038). We have 43 million Kenyans. That’s one representative per 14,000+ Kenyans.

This over-representation shows in our public wage bill. In 2014, our public wage bill was 8% of GDP, which in that year was USD 61.4 billion. This increase in our number of representatives reflects in the jump in the wage bill, which was KES 249 billion in 2010, and KES 418 billion in 2014. Much of this jump was caused by the introduction of county governments. The average annual growth rate was 14% between 2010 and 2014, yet the average annual growth rate of GDP was only 5%. Where are we magically getting this money?

Debt.

This is why public borrowing is out of control in Kenya. In 2015, our public debt was USD 32.54 billion, which was 52.8% of our GDP. In 2016, our public debt was USD 38.9 billion, which was 54%. In November 2017, our public debt reached USD 45.8 billion, which was 57% of our GDP. In 2018/19, our debt to GDP ratio is projected to rise to 59%. Each Kenyan owes KES 100,000 worth of national debt to external parties. We borrow to survive. We don’t make enough to live on.

In the year ending June 2015, we spent KES 11.2 billion on Senate and the National Assembly, up from KES 9.2 billion in the year ending June 2014. Each year, as shown here, they have increased their pay. In April 2013, the Speakers (the highest paid Members of Parliament) earned a monthly salary of KES 990,000. In April 2017, they earned KES 1,320,000. Regular members of parliament increased their monthly from KES 532,500 in April 2013 to KES 710,000 in April 2017.

On average, Kenyans spend 55 million shillings per Member of Parliament (both senate and national assembly). This is about 2% of our national budget. For comparison, the global average is 0.57% (this is for countries with a population between 10 and 50 million, which is what we are). That is almost 4 times more. Why do we spend so much? South Korea’s GDP per capita (this is GDP per person per annum) is USD 27,538.81. Japan’s is USD 38,894.47. The USA’s is USD 57,466.79. Ours is USD 1,455.36. Yet, per 1 million people Kenya has 9.18 representatives, while South Korea has 5.9, Japan has 0.4, and the USA has 1.7. Nigeria has 2.6 representatives per million people, Ethiopia has 7.1, India has 0.6, Venezuela has 5.3.

The first resort for most is to suggest the scrapping of quota seats for women, youth, persons with disabilities and other minorities. In many discussions, women representatives are said to be unnecessary, yet this is untrue. The purpose of woman representatives is to increase the representation of women in parliament, in line with the two thirds gender law which requires that no one gender have more than two thirds of elective seats. We still have not met this requirement. Only 19% of the national assembly seats, 27% of senate seats and 6% of county assembly seats are held by women.

Yet, even with these numbers, women representatives have spoken actively about the budget, education, health, security, agriculture, women, youth, water, land and so on. They have sponsored major bills, such as The Victim Protection Bill (Millie Odhiambo), The Access to Information Bill (Priscilla Nyokabi), The Protection Against Domestic Violence Act (also by Priscilla Nyokabi) The Kenya Aids Control Authority Act (Rachel Nyamai), The Food Security Bill (Beatrice Elachi), The Reproductive Healthcare Bill (Judith Sijeny), among others.

This translates to 8% of the National Assembly Bills and 18% of the Senate Bills in the last parliament. Quite good for a contingent that only made up 21% of the 2013 parliament. The answer is definitely not to reduce the number of minority representatives in parliament. Having more of these minorities represented can only serve to enrich our society. A discussion on minority representation should not only focus on women representatives, but on all minority representatives, and it is crucial moving forward, especially since we already didn’t meet the August 2016 deadline to have a framework in place to ensure the enactment of the two thirds majority rule.

The solution is clearly not to scrap these positions. It is to have a ratio of legislators to general population that makes sense. In the words of James Madison, “However small the Republic may be, the Representatives must be raised to a certain number, in order to guard against the cabals of a few; and however large it may be, they must be divided to certain number, in order to guard against the confusion of a multitude.” Deciding on an optimal formula is tricky. A parliament with too few representatives won’t be democratic enough, and can lead to an unstable political system. It can also lead to political violence.

Too many representatives lead us to where Kenya is now. There are many social costs, as well as financial costs. They interfere too much with how our markets operate (see our real estate market), increase bureaucracy, and they create many opportunities for rent-seeking activities and corruption. It is important to ensure that the general population is reflected in parliament, but this comes with many direct and indirect costs.

According to our Auditor General, Edward Ouko, we need 290 MPs (both senators and members of the national assembly), not the 416 we have now. That is a 30.28% reduction of MPs. In turn, we would save KES 6.93 billion a year. To show the effect of this under current situations, let’s assume this money would be used to pay for free day-school secondary education for children. Currently, each child has an allocation of KES 12,870 (up from KES 10,625), so the KES 6.93 billion would educate 538,461 secondary school going children each year. Assuming it was used for free primary education, it would also make a huge difference.

In 2014, the government increased FPE allocation per child to KES 1,420 (from KES 1,020) to cater for enrollment of about 10 million children in over 23,000 public primary schools. Annually this costs KES 14 billion. KES 6.93 billion would educate 4,880,281 children each year. Here, we are assuming that we are only reducing the number of MPs. What if we reduce them and reduce their salaries? Each of them currently takes home over KES 1.1 million in salaries and allowances monthly. If we reduced it to what he proposes, which is KES 931,000 per month, we would save even more!

When it comes to MCAs, 1625 are elected and the rest, 1901, are nominated representing the minorities we discussed. We can further reduce the number of wards to reduce the wage bill. Perhaps we can change the smallest unit of governance in the county from the ward to the initial divisions we had back when we had 72 districts. At their most, they were once 262 divisions. Even when we include nominations, the number of county representatives would not be more than 500 given the current ratios. That way, we would come down from 2,526 to 500 county representatives, and from 416 to 290 MPs.

Of course, to do so would require a referendum, but it is necessary. Our government is bloated.

The Problem With Lifestyle Audits

Brenda Wambui
26 June ,2018

Uhuru Kenyatta recently announced that all government officials and their families would undergo a lifestyle audit as part of his war on corruption, starting in July 2018. This would include him and his deputy, William Ruto. Those found guilty of corruption would be sent to jail regardless of their status, and he would not intervene, he said. Days later, his partner in handshake matters and People’s President Raila Odinga said that he and his ODM Party would no longer serve as whistleblowers, but instead they would partner with Kenyatta in the war on corruption. He too would undergo the lifestyle audit.

Lifestyle audits are tests that tend to be used by forensic auditors to determine whether a person’s lifestyle matches up with their known income stream(s). Because corruption, fraud and money laundering tend to leave little to no paper trail, they are difficult to detect, and many times only a sudden, inexplicable shift in lifestyle can signal to them. For example, Sports Cabinet Secretary Rashid Achesa believes that Raila Odinga needs to explain how he built a KES 1 billion home in Kisumu while he was Prime Minister, when his monthly salary was KES 1.2 million and his mortgage was KES 40 million. Allies of William Ruto have come out to claim that this audit targets him, and politicians such as Kimpchumba Murkomen have claimed the exercise will expose politicians as “poor”, and no one likes a poor politician.

Indicators of lifestyle tend to be public: the houses, cars, companies and properties one owns, one’s entertainment preferences, the schools one’s children attend, the size of one’s bank accounts and the transactions through these accounts, among others. However, even then, this cannot be taken as conclusive evidence of fraud, corruption or money laundering – it is merely an indicator, and sometimes the person being audited can explain it.

During the police vetting exercise, for example, one police officer said he was worth KES 20 million because he relied on loans. Another said he was wealthy because he was paid to escort a Hindu god around town for religious processions, while others credited their hardworking wives. It is also not unheard of for people to claim having inherited large sums of money. It is worth noting that this exercise has yet to be completed, and that no police officer has been prosecuted yet as a result of a lifestyle incongruous with their income (although some have been sacked). And yet, this does not ensure justice to the people of Kenya, and it goes against our constitution.

Chapter Six of the Constitution of Kenya (2010) speaks about leadership and integrity. The guiding principles of leadership and integrity include selection on the basis of personal integrity, competence and suitability, or election in free and fair elections; objectivity and impartiality in decision making, and in ensuring that decisions are not influenced by nepotism, favouritism, other improper motives or corrupt practices; selfless service based solely on the public interest (demonstrated by: honesty in the execution of public duties; the declaration of any personal interest that may conflict with public duties); accountability to the public for decisions and actions; and discipline and commitment in service to the people.

State officers are expected to behave whether in public and official life, in private life, or in association with other persons, in a manner that avoids any conflict between personal interests and public or official duties; compromising any public or official interest in favour of a personal interest; or demeaning the office the officer holds. A person who contravenes this shall be subject to the applicable disciplinary procedure for the relevant office; and may, in accordance with the disciplinary procedure referred to in paragraph (a), be dismissed or otherwise removed from office. A person who has been dismissed or otherwise removed from office for a contravention of the provisions specified is disqualified from holding any other State office. It further states that a State officer shall not maintain a bank account outside Kenya except in accordance with an Act of Parliament; or seek or accept a personal loan or benefit in circumstances that compromise the integrity of the State officer.

In addition to the constitution, we have the Anti-Corruption and Economic Crimes Act, Public Officers Ethics Act, Income Tax Act, Leadership and Integrity Act, and Proceeds of Crimes and Money Laundering Act, among others acts of parliament that dictate the conduct of public officers and other citizens, and define financial impropriety and its legal outcomes.

Given that these are the dictates of our constitution, and that there are other laws that have been passed to enforce these dictates, it is a wonder that the police officers sacked after the lifestyle audit/vetting exercise have not been taken to court, and it serves as an indicator of the outcomes of Uhuru Kenyatta’s vetting exercise. Some people who are implicated in this process may argue that they are being victimized, and that their constitutional right to own property is being contravened.

The Ethics and Anti-Corruption Commission (EACC), the body that would be tasked with investigating those found to be inexplicably living beyond their means, itself worked hard to stop its staff from being vetted. How can it be relied upon to investigate these public servants and take them to court? Vetting of the staff at the Kenya Revenue Authority (KRA) also stalled after junior staff threatened to expose the dealings of senior staff. Before the 2017 General Election, over 100 people running for office were found to have failed the standards of leadership and integrity. They were not barred from running. There is simply no political will to carry through with these exercises, and one wonders why that would suddenly change.

For as long as we rely on such gimmickry instead of enforcing a culture of servant leadership and integrity in public service as envisioned in our constitution, we will continue to find ourselves here, because the proceeds of corruption far outweigh the costs in Kenya.