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-------- Original Message -------- Subject: Pambazuka News 334: It is the Kenya people who have lost the election Date: Thu, 3 Jan 2008 22:45:15 +0000 From: Firoze Manji <fmanji@mac.com> To: pambazuka-news@pambazuka.gn.apc.org PAMBAZUKA NEWS 334: IT IS THE KENYA PEOPLE WHO HAVE LOST THE ELECTION The authoritative electronic weekly newsletter and platform for social justice in Africa Pambazuka News (English edition): ISSN 1753-6839 With nearly 500 contributors and an estimated 500,000 readers Pambazuka News is the authoritative pan African electronic weekly newsletter and platform for social justice in Africa providing cutting edge commentary and in-depth analysis on politics and current affairs, development, human rights, refugees, gender issues and culture in Africa. To view online, go to http://www.pambazuka.org/ To SUBSCRIBE or UNSUBSCRIBE – please visit, http://www.pambazuka.org/ en/subscribe.php CONTENTS: 1. Features, 2. Comment and analysis, 3. Letters, 4. African Union Monitor Support the struggle for social justice in Africa. Give generously! Donate at: http://www.pambazuka.org/en/donate.php /\/\//\/\/\//\/\/\//\/\/\//\/\/\//\/\/\//\/\/\//\/\/\//\/\/\//\ 1 Features IT IS THE KENYAN PEOPLE WHO HAVE LOST THE ELECTION Firoze Manji Kenya is entering a protracted crisis. No one really knows who actually won the presidential elections. Given the overwhelming number of parliamentary seats won by the ODM adn the dismissal of some 20 former ministers who lost their seats, it seems likely that the presidential results probably followed suit. But it is no longer really a matter of who won or lost. For one thing is certain: it is the Kenyan people who have lost in these elections. That the elections results were rigged – of that there is little doubt. The hasty inauguration, the blanket banning on the broadcast media, the dispersal of security forces to deal with expected protests – all these have given the post election period the flavour of a coup d’etat. What was not expected was the speed with which the whole thing would unravel. The declaration of the members of the Electoral Commission that the results were indeed rigged only added to the growing realisation that a coup had indeed taken place. People across the country took to the streets to protest and were met with disproportionate use of force by the police and GSU. Emotions ran high. And there is evidence that politicians from all sides used the occasion to instigate violent attacks against their opponents constituencies. There have been rapes, forced circumcision and forced female genital mutilation. The western media has been quick to describe these as ‘ethnic clashes’ – but then they appear only to be able to see tribes whenever there are conflicts in Africa. What is ignored by them is that the security forces have been responsible for the majority of killings. What we have in Kenya is a political crisis that could, descend into civil war if the political crisis is not resolved soon. And therein lies the problem. There is no coherent political direction from the ODM. First Raila Odinga declares he’s the ‘people’s president’ (shades of Blair’s ‘people’s princess’ speech – the first time as tragedy, the second time as farce, some might say – and says he is going to arrange to be inaugurated. What happened? Then he says that he is not willing to meet with Kibaki, then says he will meet provided there is an international mediator. He says he will form his own government, and then takes that no further. Then he calls for a million person march into Nairobi, and when faced with a banning order and massive police attacks, backs down and calls for another demonstration the following day. But what is this demonstration seeking to achieve? Such events are usually a means of showing the size of popular support: but ODM has already demonstrated its popular support in the stolen elections. There are no coherent political demands for this event that would bring the support of the many who, though they may not have voted for ODM, would feel that they would nevertheless want to express their support. There is no real strategy for enabling PNU’s own political base to be won over. The election results were rigged, sure. But the failure to demand that an independent judicial inquiry be established to investigate only leads to suspicions that even the ODM were not keen to have the results investigated. It is now probably too late to conduct a satisfactory investigation since original records may have been tampered with – which might explain the Attorney General’s sudden willingness announced today to allow the ECK records to be inspected without recourse to use of the courts. The mass demonstrations could have been used to call for such an investigation and to protest against the media ban imposed by Kibaki and to challenge constitutionality of the ban. Instead, it served no purpose other than what some see as an infantile response to the theft of the elections. Why has there been no public appeal to the armed forces and police – whose families have no doubt suffered in the violent upheavals – to refuse to fire on citizens, or to defend and protect citizens from the violence that has been unleashe?. Kibaki can retain power only through the use of force – and so long as the armed forces and the police remain loyal, he will be able to retain his hold on power. ODM has failed to challenge the existing government by encouraging all sections of society to create a viable alternative to the present government. But the real tragedy of Kenya is that the political conflict is not about alternative political programmes that could address the long standing grievances of the majority over landlessness, low wages, unemployment, lack of shelter, inadequate incomes, homelessness, etc. It is not about such heady aspirations. No, it boils down to a fight over who has access to the honey pot that is the state. For those in control of the state machinery are free to fill their pockets. So the battle lines are reduced to which group of people are going to be chosen to fill their pockets – and citizens are left to decide perhaps that a few crumbs might fall off the table in their direction. And the electorate – the mass of citizens who have borne the brunt of the recent violence and decades of prolonged disenfranchisement from accessing the fruits of independence – are reduced to being just being fodder for the pigs fighting over the trough. The Kibaki regime seems unlikely to concede any space – for to do so would confirm the suspicions of election theft. And the longer that the current impasse continues, the more likely it is that people will seek to vent their anger and frustration in senseless violence – energy that could so easily be turned towards organising to building a new world. So what is going to be the way forward? Will there be an independent inquiry into the election results? Into the violence that has taken place? Will the contending parties agree to the formation of an interim government that would oversee the re-run of the elections? Whatever happens, the present crisis has demonstrated that there is a serious lack of any formations that can articulate a coherent political programme for social transformation. Politics will remain forever about who gets access to the trough so long as there is no alternative. This issue of Pambazuka News is dedicated to those who have paid with their lives in this period of crisis. * Firoze Manji is co-editor of Pambazuka News and executive director of Fahamu. * Please send comments to editor@pambazuka.org or comment online at http://www.pambazuka.org ****** DRAMA OF THE POPULAR STRUGGLE FOR DEMOCRACY IN KENYA Horace Campbell National elections were held in Kenya on December 27, 2007; the results of the Presidential election were announced three days later. Within minutes of the announcement that Mwai Kibaki had emerged as the winner, there were spontaneous acts of opposition to the government in all parts of the country. The opposition was especially intense among the jobless youths who had voted overwhelmingly for change. A ruling clique that had stolen billions of dollars in a period of five years had stolen the elections. This was the verdict of the poor. However, this verdict was obscured by ethnic alienation and the constant refrain by local and foreign intellectuals that the crisis and killings emanated from deep ‘tribal’ hostilities. This tribal narrative was intensified after the burning and killings of innocent civilians in a church, in Eldoret, in the Rift Valley region of Kenya. But while these killings had all of the hallmarks of the genocidal violence of Rwanda and Burundi, more importantly, they heightened the need for Kenyan society to step back from the brink of all out war. Violence and killings provided a feedback loop that threatened to engulf even the political leaders of the society. This analysis argues that the calls for peace and reconciliation by the political and religious leaders will remain hollow until there are efforts to break from the recursive processes of looting, extra judicial killings, rape and violation of women, and general low respect for African lives. This short commentary on the elections and the aftermath seeks to introduce a unified emancipatory approach: liberating humanity from the mechanical, competitive, and individualistic constraints of western philosophy, and re-unifying Kenyans with each other, the Earth, and spirituality. This analysis draws from fractal theory and seeks to place Africans as human beings at the center of the analysis. Fractal theory is founded on aspects of the African knowledge system and breaks the old tribal narratives that refer to Africans as sub humans needing Civilization, Christianity and Commerce. Those who condemn the post-election violence in Kenya have failed to condemn the traditions of killings and economic terrorism in Kenya. It should be stated clearly that using African women as guinea pigs for western pharmaceuticals is just as outrageous as burning innocent women and children in churches. Rape and violation of women, and exploitation of the poor and of jobless youth have been overlooked by the commentators who focus on one component of the matrix of exploitation in Kenya -- ethnicity. In tandem with much of the current discourse on fractal theory, this commentary is addressed to progressive intellectuals from Kenya and calls for a revolutionary paradigmatic transformation- one that is intrinsic to African knowledge systems and can be witnessed in practice in the everyday activities of African life. Revolutionary transformations are necessary to break from the processes that have been unleashed in Kenya and East Africa since British colonialism and the British Gulag. This break requires revolutionary ideas in Kenya, along with revolutionary leaders and new forms of political organization. Thus far, neo-liberal capitalism and neo-liberal democratic organizations, along with the focus on party organization have created leaders who organize for political power. These leaders are not even concerned about forming lasting political parties. Far more profound transformations are required in Kenya, beyond the winning of elections. However, until new ideas and new leaders emerge, the current struggles will serve to educate the poor on the limitations of the old politics and ethnic alliances that privilege sections of the Kenyan capitalist class. The analysis is presented as a drama of three acts. The first act was played out in the form of the election campaign. The second act involved the drama after the announcement of the results and the violent reactions from all sections of the society. The third act of this drama continues to unfold with the call for a fractal analysis that will place revolutionary transformation as the central question on the political agenda in Kenya and East Africa. Act One – The Struggles over the election and the campaign for the Presidency. The Scene: Kenya had been the epi- center of imperial domination in East Africa from the period of British colonialism. Caroline Elkins in the book, Britain’s Gulag, has documented for posterity the extreme violence and murders bequeathed to the Kenyan political culture by the British government. At independence in December 1963, Britain handed over power to people who, in essence, agreed to act as junior partners with British capitalism in Eastern and Central Africa. This partnership included an acceptance by the ruling class in Kenya of the western European forms of land ownership that stated that Africans had to be modernized from their “tribal” and “backward” ways. For forty years, Kenya was presented as a success story where a parasitic middle class and a thriving Nairobi Stock Exchange (composed of foreign capital) sought to prove that capitalism could take root in Africa. Act 1 Scene Two of this drama took the form of a campaign for the tenth Parliament of Kenya. The drama of the struggle for change in Kenya was played out before the world in the form of an electoral struggle that gripped the society for many months. At the end of Scene Two one of the principal props of this drama – the local media - reported that the results were like a “blood bath.” The headline screamed “ energized voters sweep out Vice President, Cabinet Ministers and seasoned politicians as wind of change blows across the country.” But the newspapers were not yet aware of the implications of using language like “blood bath” in their headlines. Every one awaited the final results of the news of who would be President. The results were being delayed while the votes were being cooked. As news of the parliamentary routing of the incumbent President and his allies in the Party of National Unity (PNU) splashed on the streets, on the screens and on text messages while the principal actors and actresses of the drama, the people of Kenya, sought spontaneous actions to ensure that they were not silenced by the power brokers who had placed themselves at the head of the movement for change. These central actors and actresses (wananchi) had enthusiastically participated in the election campaign articulating their demand for peace, reconstruction and transformation of Kenyan society. By the time of the third scene of this drama, those from the den of thieves around the incumbent Mwai Kibaki sought to silence the media. In order for this scene to be played out without an audience, international observers and the media (both national and international) were ejected from Electoral Commission of Kenya (ECK) election center at the Kenyatta International Conference Centre. The Chairperson of the ECK went to a small room and announced the results of the elections naming Mwai Kibaki as the winner of the election. Three days later, the same chairperson of the ECK said in the media that he was not sure if Kibaki won the elections. Earlier in the drama Raila Odinga’s team of regional barons and aspiring capitalists argued that the true results of the elections showed that Raila Odinga had been chosen by the majority of the main players to be the leading man on the Kenyan stage. How was it possible for his Movement to win over one hundred seats in the Parliament (when Kibaki’s den of thieves had won less than thirty parliamentary seats) and still lose the Presidency? Local and foreign observers cried foul. The elections had been rigged. Ballot boxes had been stuffed. Results were being announced that did not correspond to the votes from the constituencies. The integrity of the process was flawed. These voices were soon drowned out by the might and power of those with strategic control over the military and media sections of the performance. Neo-liberal politics include rigging, so that the international observers used ‘measured’ language of “irregularities,” “anomalies” and “weighty issues” to conceal the reality of outright theft. Raila Odinga termed the process a “civilian coup.” But international capital became confused, because, after all the precedent of election rigging in Florida,U.S.A in 2000 had given the green light to electoral fraud internationally. The Swearing in of President Kibaki Act One Scene Three of this drama was performed within the guarded confines of State House where parastatal executives, mostly defeated cabinet members and a small section of the media were invited. In this scene, Mwai Kibaki was sworn in as the Third President of the Republic of Kenya. The stage and setting of this scene was markedly different from the previous swearing in at the Uhuru Park (in Nairobi) where an enthusiastic audience had cheered on the President on December 30, 2002. The 2007 swearing in scene had to be played out without the audience because the principal actors and actresses did not endorse this new act. Minutes after the announcement of the victory of Kibaki, there were spontaneous demonstrations all over the country, especially the urban areas. Popular outrage at the theft of the elections brought violence and the killings of innocent civilians in Kakamega, Kisumu, Mombassa, Nairobi, Nakuru and other centers. The police killed innocent demonstrators as the foreign media portrayed the demonstrations in ethnic terms. The gendered, class and ethnic dimensions of the opposition to Kibaki began to be played out in the poor communities that were called slums, but the media focused on one dimension, the ethnic alienation of the poor and exploited. Hundreds of dead brought home the reality that the elections and vote counting were simply one site of struggle in the quest to break the old politics of exploitation and dehumanization in Kenya. However, because so much of the old politics of exploitation had been masked by the politicization of ethnicity, poor members of the Kikuyu nationality were targeted in some communities, with the killings in Eldoret bringing home the long traditions of ethnic cleaning that had been going on in this region during the Moi regime. The same media neglected to report that poor Kalenjin also torched the home of former President Arap Moi. Would there be a break from this recursive process of killing of the poor? Odinga and members of the Pentagon condemned the killings of members of a particular ethnic group but the anger was too deep for the youths to listen. Unfortunately, the ODM did not have structures to properly mobilize the youths away from looting. Raila Odinga and the Orange Democratic Movement In order to avert the possible war that could emanate from this new act of the drama there was the need for fresh if not revolutionary ideas to harness the pent up energies of the people for change. The radicalization of Kenyan politics had merged with the anti- globalization forces internationally to the point where in 2007 Kenya hosted the World Social Forum. The radical demands of the Bamako appeal of the Africa Social Forum (for profound social, economic and gender transformations in Africa) could not be carried forward by the old Non Governmental Organization elements allied with international NGO’s from Western Europe. What the World Social Forum had demonstrated was the reality that new revolutionary ideas with new revolutionary forms of organization were needed to realize the goals and aspirations and appeal of the Africa social forum. Raila Odinga and his group of regional ethnic barons had tapped into the radical sentiments of the youth all across the ethnic divisions. Calling his team, the Pentagon, Odinga mobilized the popular discourses about youth, women and disabled to speak about ‘poverty eradication’ and “corruption.” Absent from the platform of the Orange Democratic Movement was a clear program for reconstruction and transformation. Raila Odinga had been a major political actor on the Kenyan stage for four decades. He had participated in every major political party and formation since his father, Odinga Odinga had emerged as the opponent of the Kenyan form of neo-colonialism. The 2007 elections exposed the reality that there were no real political parties in Kenya. Leaders on all sides were not interested in building a lasting movement for change. They were interested in parties as electoral vehicles to capture state power. There were more than 300 parties registered in Kenya and over 117 participated in the elections in December 2007. Local and international writers who earlier had been voices for the poor enthusiastically supported the enactment of the first scene of the drama (the election and voting). Some of these writers moaned and groaned that the script had been changed when those who controlled the state machinery unleashed violence against the poor. In order to unleash state violence against the poor, the Minister of Internal Affairs banned the broadcast of live images. The state also toyed with the idea of banning SMS messaging in Kenya. But Kenyans simply tuned in to the international media to confirm what they knew, that the recursive processes of killings and revenge were spiraling out of control. Without enacting an official state of emergency (in the fear of further hurting the tourist industry) the majority of poor Kenyans lived under curfew-like conditions as the military, the police, and General Service Units were deployed all over the country and new forms of censorship were implemented. The political leadership that stole the elections had to be careful with the use of the police, military and the intelligence services in so far as the divisions within the security forces challenged the authority of those who stole the elections. Raila Odinga sought to tap into this division of the coercive forces by calling a demonstration of a million Kenyans to oppose the stolen election results. The International media and international capital The British Broadcasting Corporation (BBC) and other cultural voices of imperial power were from the outset one of the props of this drama. The British were particularly active because the interests of British capitalism were very much an important part of narrative of the drama. During Act 1 scenes two and three, this foreign prop had been condemning the “irregularities’” and “anomalies” of the drama and carried the press statements of the International Observers of the European Union and the Commonwealth. The head of the European Union observer mission issued a statement declaring that, “the Presidential poll lacks credibility and an independent audit should be instituted to rectify things.” This clear statement led the US government to reverse its earlier recognition of Mwai Kibaki as the winner of the Presidential elections. There had been concern in Washington over the future of Kenya in so far as the US authorities sought to mobilize Kenyans in the war against terrorism. During the period of Kibaki, Kenyan citizens were shipped out of the country to be tried as terrorists under the US policy of kidnapping, called rendition. The ODM signed a memorandum of understanding with the Islamic community during the election campaign and members of the ODM condemned the rendering of Kenyan citizens by the government. It was argued that if these citizens acted contrary to Kenyan law, they should be tried under Kenyan law. The propaganda war had been virulent and since Raila Odinga held the moral and political high ground, sections of the international media began to retreat from endorsement of the electoral coup. However, the occupation of the moral high ground was shaky. Would the government and opposition be more concerned with the lives of the poor than with political power? In the face of the absence of resolute moral leadership to condemn these killings, the international media had a field day portraying the struggles for democracy in Kenya as primitive “tribal” violence. Act Two – Stalemate and brinkmanship in politics Raila Odinga and his team called the Pentagon had entered the drama seeking to play on the terms of those who had seized power from the time of colonialism. The very naming of his team as the ‘Pentagon’ had shown an insensitivity to the international revulsion against military symbols. The five leaders of the Pentagon were, (i) Vice Presidential running mate M Mudavadi, (ii) Charity Ngilu, (iii) William Ruto, (iv) Bilal Najib and (v) Joseph Nyagah. These regional ethnic barons had emerged from multiple political formations and many had family and business linkages with capitalists inside and outside of the government. During the campaign these regional leaders had campaigned on a pledge to devolve power from central government. The poor believed this would bring power closer to the village and communities so that health care facilities, water supply systems, road and pathways in the villages, education, sanitation and other services could be delivered so that the conditions of exploitation are ameliorated. These localized services were interpreted by various local communities as job creation avenues for the jobless youths. For the regional barons, the devolution debate was carried out to ensure easier access to the treasury. The word ‘majimbo’ re- emerged in the political vocabulary of Kenya to reignite the memory of the alliance between the ‘home guards’ and settlers at the dawn of independence. Youths all across Kenya had transcended the ethnic identification and wanted real change in the quality of life in the society. Entering the drama without a real party and without a real organ to bring the majority of the actors and actresses to the center of the drama, it was easy for the team around Mwai Kibaki to stall so that the spontaneous anger would peter out. Would the Orange Democratic Revolution learn the lessons of popular power in the streets of the Ukraine Orange Revolution and shake the old power with new bases of alternative power? This provided the setting for the central aspect of the drama, the stand off between the forces of orange and the forces of the defeated power. Kibaki came across as an imprisoned leader, surrounded by politicians and financiers who argued that Kibaki must enter any negotiation from a position of strength. Odinga countered that negotiations could only begin when Kibaki accepted that the elections had been stolen. The hardening of positions ratcheted up the tensions in the country as regionally countries such as Uganda, Rwanda and the Southern Sudan began to feel the effects of the shutdown of the transportation system in Kenya. Mwai Kibaki and the neo-liberal regime in Kenya Mwai Kibaki had been associated with the ruling class in Kenya for over fifty years. Starting his career as a representative of Shell Oil Company in Kampala, Uganda, Kibaki moved from an academic position at Makerere University to the top echelons of the independent government of Kenya after independence. In the book, The Reds and the Blacks, William Atwood, then-US ambassador, had identified Kibaki as one of the steady ‘reformers” who would guarantee the interests of foreign capital. Kibaki emerged as a stable force in the ruling circles serving both Jomo Kenyatta and Daniel Arap Moi as Minister of Finance. It was under the leadership of Kenyatta and Moi that the forms of theft by the ruling elements in Kenya were refined. Extra judicial killings and accidental deaths of prominent trade union leaders and politicians were papered over by the foreign press that labeled Kenya a ‘stable’ democracy. Arap Moi and international capital. After the death of Kenyatta in 1978, Daniel Arap Moi moved decisively to cement an alliance of foreign capitalists and local political careerists to loot the society and spread divisions and ethnic hatred among the poor and oppressed. British capitalism had been the dominant force in Kenya with British companies such as Unilever, Finlays, GSK, Vodafone, Barclays and Standard Bank becoming leading names on the Nairobi Stock Exchange. Britain had made a deal with the independence leaders and awarded a small sum to enhance this new class of African yeoman farmers to join the British settlers in the exploitation of Kenya and indeed, East Africa. Molo, in the Rift Valley (one of the constituencies at the center of the row over the rigged elections), represented one of the places where Kikuyu settlers had been relocated after independence. Moi during his Presidency remained at the center of the alliance between British capitalists, Asian capitalists and Kikuyu entrepreneurs from Central Province. By the time of the electoral defeat of Moi in December 2002, the Moi family and cronies in the ruling party, Kenya African National Union (KANU) had become junior capitalists in the game of exploitation. It was under the leadership of Moi that imperialism used Kenya as a base to subvert African independence. A report commissioned by the Kibaki administration, (called the Kroll Report), had named Moi and his sons as billionaires with assets in banks in Britain, Switzerland, South Africa, Namibia, the Cayman Islands and Brunei. The 110-page report by the international risk consultancy Kroll alleged that relatives and associates of former President Moi siphoned off more than £1bn of government money. This documentation placed the Mois on a par with Africa's other great politicians-cum-looters such as Mobutu Sese Seko of Zaire (now Democratic Republic of Congo) and Nigeria's Sani Abacha. The Kroll report of the levels of theft when presented to the Kibaki government was never acted on. The alliance between Moi and Kibaki forces became clearer during the election campaign when Moi and his sons fiercely campaigned for the re –election of President Kibaki. The sons of Moi were decisively defeated in the elections. The documentation of the level of theft by Moi was exposed before the public in what to became known as the Goldenberg scandal. This scandal brought to the fore the alliance between Moi, KANU and Asian capitalists in Kenya. These capitalists had looted the country with such impunity that Kamlesh Mdami Pattni (an Asian capitalist named in the Goldenberg scandal) took over one party Kenda to contest the 2007 elections. Prior to the 1992 multi-party struggles, Kibaki had sought to distance himself from this group of capitalists. These were the capitalists involved in settler agriculture, manufacturing, transport, services, old forms of banking, insurance, real estate, construction and engineering and the health and education sectors. These capitalists from inside and outside the political arena provided cover for looters all across Eastern Africa. In the Kenyan economy money from oil in the Sudan (especially Southern Sudan), commercial interests in Somalia, gold and diamond dealers from Rwanda, Burundi and the Eastern Congo circulated with the resources from the exploited Kenyan working poor so that in the past ten years there has been a growth of the Kenyan economy. Felicia Kabunga, wanted by the International Criminal Tribunal on Rwanda (ICRT) for crimes of genocide in Rwanda was the kind of looter and money spinner who found safe haven among the money launderers in Kenya. Kibaki and the rise of new capitalists. Although Mwai Kbaki had campaigned on an anti-corruption ticket in 2002, his tenure as President of Kenya was marked by an explosion of new schemes for accumulation. The rise of the telecommunications, information technology and banking sectors boomed with new enterprises such as Equity Bank and a number of communications companies (Safaricom, Flashcom, Telecom etc) rivaling the old capitalists. The floating of new shares n the form on an Initial Public Offer (IPO) for the Company, Safarcom, became a central question in the election campaign in so far as those who got access to the shares at the time of the issuing of the IPO became instant millionaires. The Kibaki government was in the main dominated by elements who formed a company called MEGA (a regrouping of the old Gema Gikuyu, Embu, Meru Association), and through Transcentury Corporation had elevated themselves to be the among the leading capitalists in Kenya. This group presented a program called Vision 2030 where Kenya would become the leading capitalist country in Africa, becoming the Singapore of Africa. Control of the governmental apparatus was crucial for Vision 2030. Space does not allow for an elaboration of the individuals of this capitalist clique and their place in the interpenetrating directorates of the Nairobi Stock Exchange. What is significant is that the names of the capitalists and politicians of Trancentury figured in the scandal of corruption that rocked the government of Mai Kibaki. This was termed the Anglo-leasing scandal which involved awarding huge government contracts to bogus companies. One insider, John Githongo, exposed the scandal and repaired to Britain. No money from the Anglo leasing scandal had been recovered before the elections and although European and US governments made noises about corruption there were no moves to repatriate the stolen wealth back to Kenya. These scandals were very much a part of the election campaign. Three of the four ministers who resigned after the Anglo Leasing scandal was exposed had been reinstated by Kibaki. These ministers along with twenty other ministers lost their parliamentary seats in the December 2007 elections. The poor of Kenya had used the ballot to send a message to the capitalists in Kenya but those who stole billions of dollars from the Kenyan Treasury were not above stealing an election. The real test in Kenyan politics was whether the team called the Pentagon was serious about changing the political culture of theft, looting and storing billions of dollars in foreign banks. The people of Kenya had voted for change. Was the Orange Democratic Movement a movement for change or a movement for political power? This was the outstanding question as the cast and the writers got ready for Act three of the drama of the struggle for democracy. Act 3. A Revolutionary situation without revolutionary ideas and real revolutionaries. Because the drama is being played out it is not possible to make a presentation of the last act of this drama. This is the act where the peoples of Kenya are torn between two traditions. These are the traditions of the freedom fighters for independence and the traditions of violence, looting and the low respect for African life. The youths of Kenya have been brought up in the period of the aftermath of the end of apartheid and the defeat of Mobutism. These youths have risen above the politicization of ethnicity and along with progressive women want to end the rape and violation of women. These youths have been heard to say that Kenya is in the midst of a liberation war. While the consciousness of the youth may be high with the thought of a long term struggle, there are very few revolutionary leaders and a poverty of revolutionary ideas in Kenya. If anything, the poorer youths are being mobilized into counter-revolutionary violence where poor and oppressed people burn and kill each other. This was the lesson of the killings, burning and massacre in the Rift Valley. Counter-revolutionary violence of the Rwanda genocidal form lay just below the surface and the same politicians who gave refuge to genocidaires from Rwanda are not above fomenting genocidal violence among the poor. The media images of marauding youths with pangas provide the necessary imagery to represent to the world another version of African savagery. This same media will not prominently carry the news that poor peasants from the home area of Danieal Arap Moi burnt his house to the ground. The prospect of real class warfare in Kenya frightens both the government and the opposition so there is a delicate effort to manage the crisis so that the forms of capital accumulation can return to the business pages rather than the front pages. Raila Odinga and the Orange Democratic movement are now caught between the aspirations of the regional capitalists of the ‘Pentagon’ and the demand for real change across Kenya. The post election mayhem is a clear demonstration that the ODM did not sufficiently engage their followers on new ideas transcending ethnicity and patriarchy. This demand for democratic change in Kenya will require new forms of organization beyond electoral politics and new ideas about the value of African lives. This requires a break with the European ideation systems that promote capitalism as democracy and genocide as progress. * Horace Campbell is Professor of Political Science at Syracuse University * Please send comments to editor@pambazuka.org or comment online at http://www.pambazuka.org ****** KIBAKI MUST BACK DOWN Victoria Brittain Desmond Tutu was absolutely right to fly into Kenya and throw his moral authority behind efforts to resolve the dramatic crisis that other outsiders are misjudging so badly. British foreign secretary David Miliband, US secretary of state Condoleezza Rice, secretary general of the Commonwealth Don McKinnon and President John Kufuor of Ghana, president of the African Union (AU), all missed the chance to denounce the rapid swearing-in of a man who did not win the presidential election. This lit the touchpaper for the appalling violence of the last few days. All of these powerful people knew from the European and other observers on the ground how grotesque and open was the ballot rigging which allowed Mwai Kibaki to claim victory. The parliamentary elections in which President Kibaki's party was trounced, getting a mere one third of the seats obtained by Raila Odinga's Orange Democratic Movement (ODM), and with 20 cabinet ministers losing their seats, underlined the true balance of democratic forces in the country. Tutu knows mass anger as a response to political humiliation. Kenyans in the street will listen to him as South Africans did, and still do when he speaks fearlessly to the powerful at home as well as abroad. Perhaps Kibaki, who has rebuffed the overtures from the AU and insists that Kenya's problem is an internal one, will meet the Archbishop. If so, he will hear hard truths, but also, perhaps, a face-saving way to step back from the folly encouraged by his close advisers who dared not face his defeat and the political reckoning that would come with it. It is a myth that Kenya has been a haven of stability in East Africa for decades, just as it was a myth that Ivory Coast was in the west - until it exploded. Kenya has been a key strategic ally for the west since independence, and the kleptocratic and repressive governments of Kenyatta, Moi and Kibaki have been supported unconditionally for that reason. Since the launch of the "war on terror" in late 2001, the importance of Kenya to the Americans has increased even further. The west chose not to see a country where more than half the population of 31 million live on $2 a day, where unemployment is rising, landlessness is chronic and increasing. The tourist paradise for European holidaymakers had become a bitter, lawless and cynical place for its own citizens. Raila Odinga made a political alliance with Kibaki in 2002, calculating that together they could attack corruption, bring down an elite which had been above the law for too long, and give ordinary Kenyans the modest prosperity that had eluded too many of them since independence. (Kibaki too had been in the wilderness during the Moi years.) But Kibaki was captured by the old elite once he came into power, and since 2005 Odinga has built a new nationalist alliance across the country, which owes as much to his own drive, as to the old magic of his father's name - Oginga Odinga. In the years after independence, when Kenyatta became a key British ally and froze Odinga out, as a socialist, and as a Luo from the poor west of Kenya, Odinga's was the name with which the Kenyan masses most identified. In the 21st century the freeze won't work on the son. The election has to be rerun with a credible independent electoral commission. Odinga's offer of negotiations under international auspices must be accepted by Kibaki. *Victoria Brittain, a former associate foreign editor of the Guardian, is a journalist and a research associate at the London School of Economics. *Please send comments to editor@pambazuka or comment online at http:// www.pambazuka.org ****** NO JUSTICE, NO PEACE! Onyango Oloo No JUSTICE, No PEACE!! Onyango Oloo Dissects The Wrong-Headed "SAVE OUR COUNTRY" Media Blitz During my 18 year sojourn in Ontario and Quebec, I became quite immersed in a wide array of social justice struggles-from Indigenous People’s rights, anti-globalization, working class struggles, anti- apartheid to anti-racist movements. The Canadian anti-racist movement, while different and autonomous from its sister movement south of the 49th Parallel, has been inspired by the African-American led struggles for civil, social, economic, cultural and political rights. Icons like Malcolm X, Martin Luther King, Rosa Parks, Sojourner Truth, Ben Chavis, Jesse Jackson Jr., Fredrick Douglass, Harriet Tubman, Angela Davis, George Jackson, Huey P. Newton are household names in the African-Canadian, Caribbean Canadian and Native Canadian communities. As many of us know, one of the most ubiquitous rallying cries and chants during anti-racist rallies, protests and demonstrations is the slogan, “No Justice, No Peace!” I remember the summer of 1989 being amidst angry protestors around the Queen’s Park subway in Toronto, making our way up the street to the Royal Ontario Museum chanting these and other slogans to vent our ire about a racist exhibition at that Museum which really demeaned continental Africans and people of African descent in general. To some, the phrase, “No Justice, No Peace!” is just another tired slogan, to be grouped with “A People United, Shall Never Be Defeated!” or “An Injury To One Is An Injury to All”. These cynics are of course obtuse, because they do not appreciate the blood, the sacrifice and the torture which infused the historical origins of those chants. The second phrase emanated from the anti- imperialist and anti-fascist struggles of Latin American women and men confronting the US backed dictatorships of Central and South America. The third slogan is from South Africa where the militant workers in that struggle-soaked nation were right at the frontlines of the South African national liberation movement. This morning I want to talk about “No Justice, No Peace!” in the contest of the ongoing social and political turmoil in Kenya. And I am doing it because I have been reeling with DISGUST, recoiling in horror at a new campaign for “Peace” launched primarily by Kenya’s media houses, principally the Nation Media Group, the Standard Group and the folks who run Kiss 100 FM and the Nairobi Star. Now to be fair to people like Julie Gichuru at NTV and the KTN anchors, they appear sincere and earnest enough. It is good intentions all through. At least at the surface level. When you do scratch beneath that surface however, you are confronted with something else- a blatant attempt to restore social control and buttress the class domination of the comprador and petit bourgeoisie in Kenya. Please stay with me if you are temporarily befuddled. Most Kenyans know that the spontaneous anti-government insurrections were sparked off by the decision of the Electoral Commission of Kenya to steal the Presidential vote at the behest of Mwai Kibaki and his PNU cohorts. We also realize that criminals and tribalists have hijacked these protests to loot and plunder and attack members of specific ethnic groups. One would expect that ANYONE interested in a peaceful solution to the crisis in Kenya would begin with where “rain began to beat us” to quote Chinua Achebe for the billionth time. One would further expect that only a transparent restitution of justice would jump start a sustainable peace and national reconciliation process. At a minimum, there would have to be some kind of a public acknowledgment that the flawed Presidential election results must be rectified. That seems to be the consensus in Kenya, and judging by media reports, among the publics of Uganda, Tanzania, Rwanda and many other African countries. The indictment by the EU observer mission would seem to indicate that the capitals of capital have no doubt in their minds that Kibaki stole the elections. Given the above, one would expect that a "peace process" dubbed “Save Our Country” jumpstarted last night by the main Kenyan media houses who were in the forefront of exposing the anomalies and irregularities would pay attention to the question of justice even as strove to put out all the infernos raging across Kenya. What has happened instead? A mealy mouthed editorial piece on peace carried simultaneously across different Nairobi media that insults the collective intelligence of Kenyans. Sample this: “Political leaders on both sides must be told in no uncertain terms that they are currently in great danger of losing their credibility in the eyes of Kenyans and the international community because systemic killing of the innocents sweeping Kenya, destruction of the economy and the spread of disaffection throughout the land. No grievance and no cause is worth the innocent blood of Kenyan children. The orgies of looting, burning, rape and wanton, well- orchestrated blood-letting are undermining the moral basis of the politicians’ cause…” -Excerpt from an editorial jointly run in the Daily Nation and Nairobi Star (Thursday, January 03, 2008) HELLO? Since when did “politicians on both sides” coerce ECK to steal the Presidential vote? The culpability rests solely with President Kibaki. From the fascist diktats of Michuki, Muthaura, Murage and Co. we know that the ODM leadership has NOT had a chance to publicly address their followers and therefore cannot be accused of “orchestrating” or “instigating” anything. Yes, the blood of innocents is flowing freely with mobs setting alight a church full of women and children and targeting innocent wananchi based on their ethnicity and regional origins. But who is talking about the orgy of POLICE and PARA-MILITARY EXTRA- JUDICIAL EXECUTIONS? By yesterday, there were over ONE HUNDRED AND FIFTY BULLET RIDDLED BODIES in the New Nyanza Hospital including corpses of INFANTS. Who shot to death those innocent unarmed civilians? The police have been executing ghetto youth in Kibera, Kawangware and elsewhere. Who employs and commands these killers in uniform? Reports from Kisumu insist that the Kibaki regime may be using crack NRA troops from neighbouring Uganda to slaughter Kenyan citizens. When I first raised this issue online twenty four hours ago, some were quick to dismiss the very possibility. Today the Nyanza Provincial Police Officer is on the defensive, admitting she is aware of these widespread allegations even as she strenuously denies them. In this regard I must state that I was somewhat disappointed by the public statement released yesterday by Kenyan Nobel Laureate Wangari Maathai. While I commend her for speaking up and appealing to Kibaki to take charge, I am disappointed that what motivated her was not so much the reality that the whole of Kenya is burning but rather that “her people”, the Central Kenyan communities were being targeted. Surely one can make a very strong case that the Luo communities residing in Kisumu, Migori, Homa Bay and elsewhere are being similarly targeted, this time by THE STATE itself. In fact, in the letters to editors page of the Standard there is this letter from a Kisumu resident of South Asian heritage which says, inter alia: “…The recent riots are not Kisumu riots. Even the killings are State- operated to gain political mileage to discredit ODM’s Raila Odinga and his supporters.” -Mahesh R, Kisumu, p.8. Letter, The Standard, Thursday, January 03, 2008 Raila Odinga has publicly stated that he is ready to meet with international mediator and in fact as I write these lines is meeting with Archbishop Desmond Tutu at Pentagon House. Earlier this morning Amos Kimunya was interviewed by the BBC and he was quoted as saying that the Kibaki regime does NOT see the need for international mediators because they (PNU) can deal with the matter internally- a claim which is mocked by the ongoing protests. The same Kimunya has accused the international observers as being biased towards ODM after the EU team publicly denounced the anomalies in the tallying of the presidential results. President Kufuor of Ghana, the current AU Chairman was scheduled to be in Kenya today, but the Kibaki regime BLOCKED his coming. Are these guys SERIOUS???! Let us go back to the editorials. This is a passage from the Standard’s: “…Employ a reputable international arbiter, NOT to determine who won the presidential poll, but to work out a road-map that will bring Kenya back from the brink and a mutually acceptable proposition for sharing power…Notwithstanding the inflation of figures in a number of areas, both ODM and PNU garnered 4 million plus votes in the presidential ballot, meaning the country is split right down the middle. The position of President is not vacant. Kibaki was declared President whether or not the presidential ballot was flawed…” -Standard editorial, Thursday, January 03, 2008 It is right in this excerpt that the mask slips to reveal the PNU underbelly of the much ballyhooed “Save Our Country” onslaught. Huh? So we should not “determine who won the presidential poll” eh? How then, dear Standard editors, will we work out a road-map that will bring back Kenya from the brink? Even queasier is the cheesy full page ad by the Concerned Citizens for Peace addressing two men-Mwai Kibaki and Raila Odinga- to do something. The very content of the ad betrays its elitist, undemocratic character. The 2007 Kenyan civic, parliamentary and presidential polls was a national affair involving MILLIONS of Kenyan citizens. What is happening in Kenya is NOT a PRIVATE FIST FIGHT involving the Othaya and Lang’ata MPs, but rather a NATIONAL CRISIS that has the future of MILLIONS UPON MILLIONS of Kenyan women, children and men at stake. To try and lock out the Kenyan people from an urgent democratic impasse and reduce it to a two man tussle is a grave insult to the Kenyan people. By the way, WHERE is President Kibaki, the apparently “popularly, democratically and fairly elected leader”? thought that Major-General Hussein Ali is the acting Head of State with chief government propagandist Dr. Alfred Mutua as his deputy. In the few times I have seen Kibaki he is holed up at State House flanked with senior military officers giving the distinct impression that he is their hostage. It is now approximately 12:15 as I keyboard these lines and reports on the television indicate that there are ongoing skirmishes between the police and pro-ODM youths along Thika Road, Mbagathi Way, Kibera, Eastlands and the City Centre. In other words, there is a minor uprising in Nairobi and not just the capital but also Kakamega, Bungoma, Mombasa, Kisumu and elsewhere. On December 30th I spoke about Kibaki’s Coup. Four days later the presence of police, para-military and military formations underscores my point about the overthrow of democratic rule. What is actually laughable is the phenomenon of a horde of PNU election losers led by Kibaki down to his deputy Awori and FORMER cabinet ministers Tuju, Kombo, Kituyi, Shakombo etc MASQUERADING as a legitimate “government”. Surely, if Kibaki had the mandate that PNU hawks like George Nyamweya claims he has, he should have formed a government by now. He should have by now been addressing his 4.5 million supporters at heavily attended mass rallies by now. Instead, Kibaki skulks stealthily in State House afraid to meet the very Kenyan citizens he claims to lead. Which brings me back to the slogan: “No Justice, No Peace!!” Until we resolve the simple question of who Kenyans actually elected President on December 27, 2007, there WILL BE NO PEACE. In my considered opinion, the SAVE OUR COUNTRY campaign is a slick, dishonest appeal by the pro-Kibaki comprador and petit-bourgeois business elite hoodwinking Kenyans to ACCEPT the fraudulent election results and legitimize criminal PNU’s civilian coup. Why should Kibaki or Raila share power? At the December 27th elections, Kenyans overwhelming voted for a new government: That government is the Orange Democratic Movement led by its flag bearer, Raila Amolo Odinga. Once again I say: NO JUSTICE, NO PEACE! A PEOPLE UNITED, SHALL NEVER BE DEFEATED! AN INJURY TO ONE, IS AN INJURY TO ALL! *Onyango Oloo, a Kenyan political activist and ex political prisoner. *Please send comments to editor@pambazuka.org or comment online at http://www.pambazuka.org ****** /\/\//\/\/\//\/\/\//\/\/\//\/\/\//\/\/\//\/\/\//\/\/\//\/\/\//\ 2 Comment and analysis CALL FOR URGENT RESOLUTION OF KENYA ELECTORAL CRISIS http://www.petitiononline.com/kenya08/petition.htm We the undersigned call on the ODM and PNU leaders to urgently seek a resolution to the current electoral crisis in the country and restore peace and harmony in the country through leadership. We express our concern at the deteriorating situation in Kenya following what has been widely acknowledged as an impressive election turn-out. We commend the Kenyan people for their dignity and courage but also express our condolences to the families of those who have lost their lives and to the many who have been injured in the course of needless violence over the last few days. This is a time for Kenyans to be patient, dignified and to look for solutions that are in the best interest of the majority. We regret the chaos which has caused loss of life, destruction of property and general unrest in the country. The contested outcome has marred the prospects of democracy and peace not only in Kenya but also in Africa. The cloud which hangs over the conclusion of one of the most fiercely-fought elections in Kenya's history is regrettable. We believe that peace should be regained as a matter of urgency so that a free and fair outcome can be reached. We believe that this is not the time for provocative actions, but a time for demonstrating leadership through bringing the contending partners to the table. This crisis can be resolved by the players in disagreement using conciliation and arbitration mechanisms as a matter of urgency to plan a peaceful resolution of the crisis. If necessary, this could be done with the involvement of others such as the African Union and others, such as those who acted as election observers. We urge the contending leaders to act within the spirit of democracy and seek to heal the wounds that have been opened by recent events and to do so in transparent ways. We are aware of the betrayal that many may feel in what they consider to be an electoral injustice. We ask them to engage in the process by seeking explanation and accountability and to be guided by their own sense of civic responsibility. We call on the PNU and ODM leaders to seek conciliation and resolution of the current crisis for the sake of the country. We call for mechanisms for mediation and conciliation to be put in place urgently to give voice to all grievances that have arisen from the present situation in which there can be no winners, only losers. We welcome the mediation processes that have been initiated We call for an immediate ending of violence by the security forces and all other parties. Whilst we recognize that the security forces have a role to play in maintaining peace and order, we condemn the disproportionate and excessive use of force by the security forces against unarmed civilians that has been manifest over the last few days. We call for an independent transparent review of the whole electoral process and its outcomes so as to resolve any differences between contesting parties. This should include reviewing the results of the election and all reported irregularities, especially those related to the disparities in the tallying of the final results. We call for a swift formation of an independent and credible Judicial Commission of Enquiry by endorsing the call by the Electoral Commissioners who have called for one. We urge the international community to be patient pending the outcome of such a proposed review process. As it is Kenyans who have to live with the consequences of a Mwai Kibaki or Raila Odinga government, the international community can only follow the recommendations of an independent review before declaring the elections free and fair. We call on those who wish to see a peaceful democratic Kenya, especially in the African Union, to support initiatives that can bring this crisis to a swift conclusion by facilitating dialogue and reconciliation. We are deeply concerned by the gagging of the media, especially as this has only fueled suspicion and encouraged speculation in an already highly volatile situation. Freedom of expression has been one of our greatest democratic prizes won by Kenyans during the last few years and we cannot afford to go backwards. We call for an immediate and unconditional lifting of the reporting ban so as to ensure that Kenyans are able to keep abreast of what is happening. We commend the Kenyan press for the work they have done to keep information flowing. It is precisely in the time of crisis that a free and independent media is essential to ensure a democracy that is based on information not speculation. We urge the international media community to support the Kenyan press during this time and continue promoting the right for a free and independent press especially during such a period. We call on all peace loving people to join us in calling for a swift conclusion to the crisis so that Kenya can return to normality andpeople can continue their lives without fear and anxiety. The petition is now online at http://www.petitiononline.com/kenya08/ petition.html and at the time of going to prese had nearly 800 signatures. Please sign the petition. ****** KENYA’S DEMOCRACY ON TRIAL Mukoma Wa Ngugi On Thursday December 27th 2007, shortly after polling stations were closed, Kenya was hailed as having fulfilled an African dream – to have a free and fair closely contested democratic election. But less than 48 hours later it was clear that the dream of democracy could become a nightmare of ethnic violence. Most of the casualties so far have been the poor and the marginalized – and if things continue as they are, a bitter civil war fought along ethnic lines is certain. To say that what is at stake is the very future of Kenya is not an overstatement. To answer the question of how the promise became a nightmare one must begin with very nature of democracy and how it has been functioning in Africa. The first element to consider is that in the absence of strong democratic institutions (the three pillars of legislature, executive and judiciary), democracies in Africa are relying more and more on the goodwill of politicians: in this case, a nation is only as democratic as its politicians. Added to this, African democracy is in real terms an expression of ethnic tensions. Instead of rolling back tribalism (I use the derisive term deliberately), African democracy serves it. One could say that all democracies have an element of this: in the West it generally goes under the euphemism of voter demographics. When Hilary Clinton is courting the white, black or Latino vote, she is in fact practicing what might, in other circumstances, be called tribal politics. In the Kenyan presidential election, ethnic politics were a key factor in the close election results: the incumbent Mwai Kibaki, a Kikuyu, received very few votes in the Luo areas, while his Luo opponent, Raila Odinga, received only a very small percentage of the Kikuyu vote. In this bitterly contested election where ethnicity was the deciding factor, victory from either side was bound to spill into violence. As a direct result of the above, questions of what true justice means and about the growing divide between haves and have-nots become lost to ethnicity. Raila is a flamboyant millionaire while Kibaki is as elite as you can get in Kenya. Lost in the fires of ethnicity is the simple fact that Kibaki and Raila have much more in common with each other than with their supporters. In this sense those engaged in the violence are, to put it bluntly, proxies in a war between two elite leaders. Another element to consider is the extent to which the landscape of African politics has changed. We need to stop blanket condemnations of African leadership, and acknowledge that it varies and some leaders are better or worse than others. Kibaki, while not a Mandela is not a Moi or a Mobutu, or a Bokassa or an Idi Amin. By the same token the nature of opposition has changed. Since independence and the struggles against neo-colonial governments, opposition has been automatically understood as the legitimate voice of the people. But opposition no longer means the good guys. In many instances the opposition and the sitting government are practically the same as is indeed the case in Kenya. So while Raila is accusing Kibaki of vote- rigging, it could just as easily be Raila trying to rig and short- circuit the democratic process to favor himself. In other words we have no reason to take either of their claims to be true at face- value. In this impasse of two leaders intent on seizing power, respect for the democratic process couldn’t be more important. Toward a solution, Kenyans should realize that something beautiful did happen during this election. Most of the big men of Kenyan politics were voted out of Parliament and hence out of office. Even the sons of former dictator Moi did not win seats in Parliament. There seemed to be a belief that voting was a way of talking back the Kenyan political elite, and that democracy could be made to work for the majority poor. This is the flame that we must not let die. To nurture this flame, a recount of the votes in a transparent manner is necessary. This, no matter what one thinks of Raila or Kibaki, or whether one thinks the elections were fair or not, should be the meeting ground of all those concerned about the future, immediate and long term, of Kenya. If the votes can be recounted in full transparency, this election will not then become the death of Kenyan democracy but rather a test along the way to a democracy with real content – the content of security, equality and justice for Kenya’s majority poor. *Mukoma Wa Ngugi is co-editor of Pambazuka News. A version of this article first appeared at http://blogs.independent.co.uk/openhouse/ 2008/01/kenyas-nightmar.html *Please send comments to editor@pambazuka.org or comment online at http://www.pambazuka.org ****** KENYA ELECTION DOMESTIC OBSERVATION FORUM - PRESS STATEMENT Kenya is bleeding. Kenya is bleeding from a political crisis that has rapidly led to a social and spiritual crisis. We, the Church leaders working together with the leadership of all faiths have been alarmed at the speed and depth this crisis has taken over the last 24 hours. Unless checked, this crisis will plunge Kenya into a complete state of lawlessness, disregard for human rights and the sanctity of life. Three actions could defuse this political crisis. Firstly, the outcome of the recently concluded Presidential and Parliamentary elections requires a quick and comprehensive political resolution. The Church as part of KEDOF endorses KEDOF’s statement – “ in our view, considering the entire process, the 2007 General Elections were credible in as far as the voting and counting process is concerned. The electoral process lost credibility towards the end with regard to the tallying and announcement of presidential results” We have considered the opinion of the Members of the Electoral Commission and international observer groups. In our opinion, the Government, in close consultation with all the parties who fielded Presidential and Parliamentary candidates should immediately establish a credible process for the establishment of an Independent Commission. This Commission will seek the transparent verification of tallies for the concerned constituencies. All parties must start by committing themselves to acting on the outcome verification by the Independent Commission. Secondly, we urge the leaders of the three major political parties to meet and dialogue. Their political leadership at this critical hour is central to saving lives. Over the last 24 hours, we have lost at least five lives every hour, with scores of other men, women and children injured, scared, displaced and vulnerable to attacks by fellow Kenyans. We call upon leaders who contested Parliamentary seats – both those that won and those that lost to jointly and urgently address their constituencies within the next few days. We urge the mass media to continue to support the cause of peace. Thirdly, while we appreciate the efforts of the uniformed forces to stop lawlessness and we acknowledge the challenge that they have to protect all civilians we call upon them to establish corridors of safety. Such corridors of peace are critical for restoring access to food, shelter, crisis centres and other basic needs to which we as a faith community are committed to assist in providing. The ability to communicate during a period of national crisis cannot be gainsaid. While we deplore the use of these media for ethnic hate speech, attempting to block these avenues will be counter-productive. It will block also the flow of information that is required for identifying and reaching people at risk. We consequently call upon the state to lift the ban on live broadcasts. While calling on the Government, political parties and other non- state actors to take these actions, we realise that the future of Kenya is in the hands of the Kenyan people. We therefore call upon all Kenyans to immediately cease the violence that is occurring in our towns, villages and communities. We commit ourselves to monitor and quickly respond to the humanitarian needs of all Kenyans regardless of their religion, ethnicity, gender and political affiliation. God bless Kenya. * Kenya Election Domestic Observation Forum (KEDOF) is a partnership representing Kenyan Civil Society Networks (and faith-based organisations) in establishing a common platform for domestic election observation programme 2007. * * Please send comments to editor@pambazuka.org or comment online at http://www.pambazuka.org/ ****** NEWS ROUND-UP ON RECENT EVENTS IN KENYA Izzy Birch This brief list of useful links is provided to help our readers keep up to date. LINKS FROM 3 JANUARY 2008 In this AllAfrica blog Brian Kennedy lists the wide range of those who now question the results of Kenya’s 2007 presidential election, including foreign governments, election monitoring missions, and the Electoral Commission of Kenya itself. He also refers to reports that the Kenyan police, who were deployed to guard the 36,000 polling stations across the country, kept records of the results and that their tally is said to differ from what the ECK announced: http://allafrica.com/stories/200801030150.html The Economist has described the result as a meticulously planned ‘civil coup’, stating that the decision to return Mwai Kibaki to office was made not by the Kenyan people but by a group of hardline Kikuyu leaders. Although the report states that their instinct will now be to use the security services to reverse basic freedoms, ‘it is not clear that Kenya will stand for it’: http://www.economist.com/daily/news/displaystory.cfm?story_id=10422157 Amos Wako, Kenya’s Attorney General, has called for an independent and immediate investigation into the disputed presidential election result, acknowledging that it has been widely questioned, including by the Chair of the Electoral Commission of Kenya itself: http://www.nationmedia.com/dailynation/nmgcontententry.asp? category_id=1&newsid=113857 The ECK Chair, Samuel Kivuitu, has given details of the inconsistencies in the constituency tallies of the presidential votes, which include altered figures from certain constituencies and the improper submission of documentation: http://allafrica.com/stories/200801030025.html The leader of the Pan-African Movement Observers Mission, Stephen Othieno, also criticised the ECK at a press conference in Kampala. The Mission sent 41 observers to Kenya who were not permitted to observe the process in its entirety – specifically the final tally. Mr Othieno also criticised the limited time made available for verification of the voters’ register prior to polling day, and biased coverage by some media houses: http://www.newvision.co.ug/D/8/13/604750 ODM leaders have called for an internationally constituted and recognised body to examine the election results, on the grounds that the Electoral Commission of Kenya had failed in its duties and can not be trusted: http://www.nationmedia.com/dailynation/nmgcontententry.asp? category_id=2&newsid=113845 The Kenya Human Rights Commission has called on Archbishop Desmond Tutu, who arrived in Kenya on 3 January, to oversee a recount. Professor Makau Mutua, chair of the KHRC, appealed for calm, dialogue and statesmanship from Kenya’s political leaders: http://www.eastandard.net/news/?id=1143979846&cid=159 The Law Society of Kenya has declared its intention to make a legal challenge to Mwai Kibaki’s re-election. Lawyers and other civil society organisations, including Kituo Cha Sheria, have also called for the immediate resignation of Samuel Kivuitu and the ECK Commissioners: http://www.eastandard.net/news/?id=1143979876&cid=4 The head of the Commonwealth Observer Group, Dr Ahmad Tejan Kabbah, has decided to stay on in Kenya to support mediation efforts. The Group’s departure statement on 2 January noted that ‘delays in the announcement of the results raised questions about the integrity of the final phase of the election process’: http://allafrica.com/stories/200801030533.html http://www.thecommonwealth.org/document/174034/ kenya_elections_2007___departure_statement_by_the.htm A group of business, religious and cultural leaders delivered an open letter to all three presidential candidates, calling for an independent and transparent review of the whole electoral process and its outcomes, as well as personal and collective leadership that delivers a swift conclusion to the crisis in the best interests of the country: Add link Daudi Were writes in his blog of the shocking speed with which Kenya slid into violence. ‘The aim of this post is not to explore the issues around the issues but to highlight that there is a sophisticated and dedicated response to the crisis in our country’: http://www.mentalacrobatics.com/think/ Moody Awori, the Vice-President, appealed for calm and stated that the government was willing to enter into dialogue with the ODM leadership. Raila Odinga reiterated his position that any dialogue must be based on acceptance that the elections were compromised: http://www.nationmedia.com/dailynation/nmgcontententry.asp? category_id=1&newsid=113833 Demonstrators who responded to the ODM’s call to attend a rally in Nairobi’s Uhuru Park on 3 January were met with tear gas and water cannon. ODM has now postponed the rally until 8 January. Archbishop Desmond Tutu arrived in Kenya on 3 January to help mediate in the crisis, while plans for the visit of the African Union President John Kafuor have reportedly been cancelled: http://news.bbc.co.uk/1/hi/world/africa/7169720.stm The Kenya Red Cross Society estimates (3 January) that at least 100,000 people require immediate assistance in the northern Rift Valley alone. Confirmed country-wide statistics are not yet available. John Holmes, the UN’s Emergency Relief Coordinator, emphasised the responsibility of Kenya’s political leaders to protect the lives and livelihoods of innocent people, and deplored the recent increase in gender-based violence: http://www.reliefweb.int/rw/RWB.NSF/db900SID/YSAR-7AHNQP? OpenDocument&rc=1&cc=ken Another report from the UN’s Office for the Coordination of Humanitarian Affairs describes the situation of displaced people in Kericho and Kisumu, many of whom lack basic supplies of water, food and medicine: http://www.reliefweb.int/rw/RWB.NSF/db900SID/YSAR-7AHMGT? OpenDocument&rc=1&cc=ken Newspaper reports from around the East African region illustrate the impact of the crisis in Kenya on its landlocked neighbours. Fuel prices in Uganda have soared due to the shortage of fuel and the actions of speculators; bus fares in Kampala have in some places doubled. http://www.newvision.co.ug/D/8/12/604747 http://www.monitor.co.ug/artman/publish/opinions/ Fuel_crisis_is_big_lesson_for_us.shtml http://www.monitor.co.ug/artman/publish/news/ 155_fuel_tankers_on_the_way_to_Uganda_-_govt.shtml Traders in Rwanda are concerned at both the shortage of fuel and the prospect of being unable to restock from the suppliers in Kenya on whom they rely: http://www.newtimes.co.rw/index.php?issue=1398&article=3293 Tanzania’s The Citizen newspaper emphasises the inter-dependence of the East African economies and the threat posed by the violence in Kenya to the future stability and prosperity of the East African Community: http://www.thecitizen.co.tz/newz.php?id=2294 LINKS FROM 2 JANUARY Louise Arbour, the UN High Commissioner for Human Rights, has called on the Kenyan government to abide by its international human rights obligations in responding to demonstrations and to allow journalists to carry out their work freely. She also emphasised the responsibility to use only peaceful means of protest: http://www.ohchr.org/EN/NewsEvents/Pages/media.aspx Humanitarian situation: On 2 January AFP reported that 306 people had died in politically related violence since polling day. Although the violence has been countrywide, the area most seriously affected has been Western Kenya. AFP reported the Director of the Kenya Red Cross Society as saying that around 70,000 people had been displaced in the area. Aerial video footage by the KRCS shows hundreds of houses and farms set on fire and roadblocks every 10kms: http://www.afp.com/english/news/stories/080102073900.kf169jow.html A report from the Human Rights House Network describes the attack on the church near Eldoret in which at least 35 people were killed. Water and food for those displaced in churches and public buildings are running short, and travel in the area is highly dangerous: http://www.humanrightshouse.org/dllvis5.asp?id=6149 Reports from Kenyan religious and humanitarian organisations issued on 2 January state that 15000 people have been displaced in Eldoret, 700 in Kitale, 1000 in Nakuru, 500 in Kakamega, 500 in Kisumu, 200 in Siaya, 50 in Likoni, 6000 in Burnt Forest, 60 in Migori, 5000 in Dandora, and 560 in Mumias. People are taking shelter in schools, churches, mosques, police stations and other public buildings. The Kenya Red Cross, in a bulletin dated 1 January, reported that over 100,000 people had been affected or displaced countrywide, 120 reported dead, and over 1000 confirmed injured: http://www.kenyaredcross.org/highlights.php?newsid=61&subcat=1 The Regional UN Office for the Co-ordination of Humanitarian Affairs (OCHA) published police figures released on 1 January of 143 people killed across five Provinces (Rift Valley, Western, Nyanza, Nairobi, and Coast). It adds that these are confirmed cases and that the real number may be higher. The main obstacle to delivering assistance is the number of roadblocks set up by vigilante groups: http://www.reliefweb.int/rw/RWB.NSF/db900SID/MUMA-7AG3X8?OpenDocument Reliable sources report 30 roadblocks between Eldoret and Nakuru. The Uganda Red Cross reported on 1 January that 550 Kenyans have fled to Uganda, although officials believe that ‘thousands more’ have settled with friends and relatives: http://www.newvision.co.ug/D/8/13/604566 The Nation reported on 2 January that 16 people had been killed at the Coast, while violent incidents had occurred in Taveta, Diani and Kilifi Town: http://www.nationmedia.com/dailynation/nmgcontententry.asp? category_id=1&newsid=113768 Reliable sources report that travel outside Mombasa is currently very difficult due to numerous road blocks. Uganda’s New Vision reports on the killings in Eldoret, and gives a nationwide death toll closer to 300. It refers to tensions in Garissa, North-Eastern Province, emphasising again the widespread nature of the crisis: http://www.newvision.co.ug/PA/8/12/604563 Dr Dan Ojwang, a Kenyan academic based in South Africa, criticises media coverage of the crisis and argues that it has deeper and more complex roots. ‘Let the world know the truth’, he writes, ‘that members of almost all Kenyan ethnic communities are being killed and not just Kikuyu supporters of President Mwai Kibaki’s illegitimate government’. Add url Political situation: A report from the Human Rights House Network on 31 December, based on coverage in the Kenyan press as well as interviews with several human rights defenders in Nairobi, captures the breadth and severity of the political crisis, in terms of the heavy-handed security response, the infringement of media freedoms, and the prospect of an even more powerful presidency: http://www.humanrightshouse.org/dllvis5.asp?id=6138 Ken Opalo, a Kenyan blogger, laments the failure of leadership, and calls on both Mwai Kibaki and Raila Odinga to ‘act like the statesmen they claim to be’: http://kenopalo.wordpress.com/2008/01/01/kenya-quickly-degenerating- into-an-african-statistic/ The BBC reported on 2 January the accusations being traded by both sides. Asked if he would urge his supporters to calm down, Raila Odinga reportedly refused to be asked ‘to give the Kenyan people an anaesthetic so that they can be raped’: http://news.bbc.co.uk/2/hi/africa/7167363.stm The preliminary report from the European Union Election Observation Mission detailed discrepancies in the tallied results from certain constituencies. ‘A lack of adequate transparency and security measures in the process of relaying the results from local to national level questioned the integrity of the final results: http://www.eastandard.net/news/?id=1143979838 The Chair of the Electoral Commission of Kenya, Samuel Kivuitu, admitted on 1 January that he announced the results of the presidential election under pressure from some PNU and ODM-Kenya leaders. According to a report in the Standard, he said that ‘We are culprits as a Commission. We have to leave it to an independent group to investigate what actually went wrong’: http://www.eastandard.net/news/?id=1143979833 Four ECK commissioners on 31 December called for an independent judicial review of the presidential tallies. The Kenya National Commission of Human Rights regretted that the commissioners hadn’t raised their concerns before the result was announced, but expressed its support for an independent review: http://www.eastandard.net/news/?id=1143979828&cid=159 Francis Atwoli, the Secretary General of the umbrella workers’ union COTU, is quoted as saying that the crisis is politically instigated and thus can only be solved by political means. In the same press report the government’s spokesman, Alfred Mutua, states that the military has been deployed to various parts of the country ‘to assist in averting a humanitarian crisis’: http://www.nationmedia.com/dailynation/nmgcontententry.asp? category_id=1&newsid=113789 The deputy managing director of Safaricom confirmed that the company had received a request from the Ministry of Internal Security to ‘desist from sending or forwarding any SMS that may cause public unrest’, and that this had been forwarded to its subscribers: http://allafrica.com/stories/printable/200801020003.html The head of the Commonwealth’s election observer team in Kenya, former president Ahmad Tejan Kabbah of Sierra Leone, has now met all three leaders (Mwai Kibaki, Raila Odinga and Kalonzo Musyoka). Kenya’s Daily Nation reports that a joint statement may be imminent: http://www.nationmedia.com/dailynation/nmgcontententry.asp? category_id=1&newsid=113785 Muslim, Christian and Hindu leaders at the Coast made a joint appeal to political leaders to restore calm and seek reconciliation, and called for the situation to be resolved through legal channels: http://www.eastandard.net/electionplatform/index.php?id=1143979770 At the international level, the US and British foreign secretaries issued a joint statement on 2 January urging political compromise and noting the responsibility on all sides to maintain the political process: http://www.fco.gov.uk/servlet/Front?pagename=OpenMarket/Xcelerate/ ShowPage&c=Page&cid=1007029391629&a=KArticle&aid=1199196127097 http://www.guardian.co.uk/kenya/story/0,,2234121,00.html ****** /\/\//\/\/\//\/\/\//\/\/\//\/\/\//\/\/\//\/\/\//\/\/\//\/\/\//\ 3 Letters ON THE REUTERS LEAD STORY ENTITLED “KIBAKI ACCUSES RIVALS OF ETHNIC CLEANSING” (Mail & Guardian Online 02 January 2008) It is the responsibility of newspapers to report news as they see or hear it. However, I am apprehensive that this kind of equivocal and manipulated news-reporting (in the context of a slow media blockade) will simply buy the regime in Kenya time to launder its image in the midst of a crisis it has deliberately fuelled. The brewing genocide in Kenya has got a long and complicated history. The Kenyan government spin-doctor, Dr Alfred Mutua, has not even begun to scratch on the surface of what is truly going on. Kenya has a long history of internecine violence choreographed by ruling regimes that have always tried to protect their ill-gotten wealth by using ‘tribe’, and even ‘race’ as in the case of the colonial regime, as their alibi. As exiled Kenyan anti-corruption official John Githongo said not too long ago, “corruption always fights back.” Having “vomited all over our shoes” after a corruption binge and having unleashed murder on a scale we have never seen before, they now parade as our protectors. As the late JM Nazareth would have put it, we raia have become “sheep delivered to the fangs of wolves by constituting the wolves the shepherds of the sheep.” There are many in the Kibaki cabinet and others in opposition parties who are known to have muttered what, under the South African constitution, would be termed hate speech. Many of them have worked for the state at points in history when major public figures such as Dr Robert Ouko, Bishop Alexander Kipsang Muge, Pio Gama Pinto, JM Kariuki, Tom Mboya, Dr Odhiambo Mbai and others were killed on the grounds of their political beliefs or ethnic roots. Others kept quiet when state-sponsored militias spread mayhem in Western Kenya in the early 1990s in order to stop the enactment of multi-partyism. I know for a fact a number of public figures in the current mess who violently speared effigies of then exiled Kenyan writer, Ngugi wa Thiong’o, in the late 1980s. There are others who sat back, laughed or kept quiet when state thugs were unleashed on Nobel Peace Prize Winner, Prof Wangari Maathai and politician Paul Muite in the early 1990s. Yet others took oaths of ethnic-elite solidarity, sold to the public as a defence of ethnic rights, when massacres and inter-party repression rocked Kenya in the late-1960s. It would be naïve in the extreme to expect that they have all of a sudden developed a conscience. Beware of how many Kenyan politicians will in the coming days make a show of appealing to universal values of liberty, human rights, ad nauseum, when their conduct has been consistently illiberal and complicit in crimes against humanity. Beware especially of the diplomatic ones who will speak in pious Oxfordian tones in order that they may seem less violent than others. Beware of the suave, slick types who could never hurt a fly; they don’t need to for they have snuffed many human lives. As Hannah Arendt discovered when she did research for Eichmann in Jerusalem: The Banality of Evil, her masterful summary of the career and trial of the Nazi operative, mass murderers do not sport horns on their foreheads. They are often very ordinary ‘family men’. Investigate, investigate, investigate! Let the world know the truth that members of almost all Kenyan ethnic communities are being killed and not just Kikuyu supporters of President Mwai Kibaki’s illegitimate government as the news-report insinuates. Government sponsored thugs and mercenaries cut the water and power supply to Kisumu (an opposition stronghold) at a time when a cholera outbreak is clearly imminent. Over 100 people have been killed in Kisumu, many of them shot in the back by paramilitary forces. There have been reports of cholera in greater South Nyanza and this will spread to major urban centres on the Kenyan side of Lake Victoria. Massive starvation is also imminent in the face of a ban on fishing (a consequence of the cholera outbreak). All major urban areas and rural settlements in all parts of the country are under severe threat, from Busia to Mombasa, thanks to the purveyors of spreadsheet democracy. A government that consorts with known international criminals cannot presume to lecture Kenyans on human rights. Kenyans at home and in the diaspora have to admit that it is our collective silence in the face of extreme repression at key moments in our history that has led to this crisis. Giving airtime to saber- rattlers, spin-doctors and latter-day Goebbels will not help, but a little investigative journalism just might. The horses of the East African apocalypse may just have been unleashed. The truth must come out. However, our immediate duty now is not to dig in with specific accusations against politicians, but to work out a solution. Only a Truth and Reconciliation Commission and clear rules for power-sharing will help us in the end. Do not fail East Africa, for the region could implode! Sincerely, Dr Dan Ojwang Head, African Literature University of the Witwatersrand ****** RESPONSE TO NGUGI WA THIONG'O'S ANALYSIS OF KENYA Rose Ochwada Anyone who knows Ngugi will appreciate that Ngugi does not consider any other Kenyan a worthy leader unless they are Kikuyu. This article is a veiled attack on ODM and an endorsement of Kibaki leadership (http://www.pambazuka.org/en/category/features/45051). What is sad is that Ngugi fails to mention the fact that Kibaki failed to make the promised new constitution a reality, leading to the fallout with many in his cabinet and the consequent creation of the Orange Movement. He also surprisingly fails to condemn the new found reliance of Kibaki on Moi for political survival and what this means to all Kenyans who fought for the second liberation. He cannot bring himself to acknowledge Raila Odinga's fight to demoncracy over the past 30 odd years. He can only praise the role of 'Mau Mau' which we all know was a tribal organisation fighting for return of land to the Kikuyu. If not then can he tell me of a single non-Kikuyu who was a Mau-Mau?? I personaly have nothing against the Kikuyu per se. I only get annoyed at people like Ngugi who use their International fame to fight a tribal cause under the guise of an intellectual discussion. When he talks of economic progress, can he honestly quote an instance where a resident of Mathare or Kibera slums who can testify to a real change in their lives due to the 'economic changes' of the last 5 years? Or is he just quoting the 'infamous' 6% growth that Kimunya and Co keep going on about while stealing from the public through 'Anglo-Leasing? I have never been a fan of Ngugi even in the Moi era, I am less of a fan now with his clear hypocrisy and obviouse tribal agenda. ****** /\/\//\/\/\//\/\/\//\/\/\//\/\/\//\/\/\//\/\/\//\/\/\//\/\/\//\ 4 African Union Monitor AU MONITOR WEEKLY ROUNDUP Issue 118, 2007 http://www.aumonitor.org/ This week's AU Monitor brings you updates from the African Union, where Cuban Vice President Estaban Lazo Hernandez recently held discussions with Commissioner Konare. The two leaders agreed to improve political and socioeconomic links between the African Union and Cuba and enhance Cuban solidarity for the development of the African continent. Further, Nadia Ahmadou provides analysis about the African Union's commitment to human right's and governance on the continent, encouraging the commission to match its statements with action by creating " a consolidated and coherent institutional approach to the standards regarding human rights, as contained within its Constitutive Act". A memorandum of understanding between the United Nations' Economic Commission for Africa (ECA) and three European countries was signed recently. The new business plan for 2007-2009 will allocate $12 million to numerous gender, trade, and governance activities. In regional news, the South African Development Community (SADC) reflects on 2007 and examines developments and shortcomings of its member states activities while also highlighting the various challenges to regional integration. In peace and security news, the full deployment of peacekeeping troops in the Darfur region has been delayed further still. Of the issues contributing to the delay, amongst the largest is the Sudanese governments' insistence that only African troops be deployed to the region, asking that the UN and other international structures provide control and command support. Lastly, the final communiqué from the 42nd Ordinary Session of the African Commission on Human and Peoples' Rights is now available. ****** /\/\//\/\/\//\/\/\//\/\/\//\/\/\//\/\/\//\/\/\//\/\/\//\/\/\//\ Fahamu - Networks For Social Justice http://www.fahamu.org © Unless otherwise indicated, all materials published are licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 3.0 Unported License. For further details see: http:// www.pambazuka.org/en/about.php Pambazuka news can be viewed online: http://www.pambazuka.org/ RSS Feeds available at http://www.pambazuka.org/en/newsfeed.php Pambazuka News is published with the support of a number of funders, details of which can be obtained at http://www.pambazuka.org/en/ about.php To SUBSCRIBE or UNSUBSCRIBE go to: http://pambazuka.gn.apc.org/cgi-bin/mailman/listinfo/pambazuka-news or send a message to editor@pambazuka.org with the word SUBSCRIBE or UNSUBSCRIBE in the subject line as appropriate. The views expressed here are those of the authors and do not necessarily represent those of Pambazuka News or Fahamu. ISSN 1753-6839