‘MOVING ON’: WELCOME TO KENYA INC – By John Githongo


May 22, 2013









When the Supreme Court decided against those who were contesting the
election of Uhuru Kenyatta anticipated jubilation broke out in
Jubilee’s ethnic strongholds. Gloom overcame other parts of Kenya.
This was the natural reaction and continues to play out. The new
government’s supporters both within and outside Kenya urged everyone
to ‘move on’ and focus on the future. Essentially, forget the past,
accept the new reality, find your space in it and get on with life.

LETS MOVE ON’ INTO UNCHARTED WATERS

Kenyans are a resilient lot and many have done just this.

To many, however, the ‘let’s move on’ clarion has literally come to be
understood as an abuse, in part because they have yet to come to terms
with the legitimacy of the President and Deputy President in
particular. This is because the election was so ethnically divisive;
it sunk the Independent Election and Boundaries Commission (IEBC) like
a canoe into which too many bundles of cash had been thrown; and, for
many, it moved one of the new constitution’s most heralded novelties
– the Supreme Court – from the winners’ podium into a sort of
governance pit-latrine. The anger fuelled by this and the sense of
helplessness to do anything about it is existential and therefore
durable. In the 1990s, and first decade of the new century, flawed
elections were held every five years but Kenyans ‘moved on’ because in
the horizon there was end to the Moi era; there was a new
constitution; there were so many reforms coming into realisation after
the elections. Only to find, as a character in Francis Imbuga’s
masterpiece “Betrayal in the City” so memorably put it, “It was better
while we waited. Now we have nothing to look forward to. We have
killed our past and are busy killing our future”.

2013 was the transition of multiple tyrannies, both real and imagined,
from the tyranny of tribal numbers, to the terrorism of peace, to the
blatant dictatorship of ‘mta do?!’ It will take some time too, to come
to terms with this present dispensation for the many of considerable
credibility, intellect, analytical expertise and patriotism who
honestly believe the election was stolen; stolen massively and stolen
well. For now, the constant demand to let the nation ‘move on’ seems
to have bought Kenya the ‘peace’ so many so badly crave. However, it
is not unlikely that the reputation of the gaggle of ‘experts’ and
their institutions who opined authoritatively on a process that is
still fraught with so many questions that refuse to go away will fall
into serious doubt.  It will also force many of us to admit that over
two decades of good governance advocacy, anti-corruption work,
constitution building, democracy promotion, all costing billions, has
seemingly brought us backwards. For, as I mentioned some weeks ago, as
a nation-building exercise, the election failed badly.

These contradictions comprise the uncharted waters into which the
Kenyan ship has sailed. For the constitutional reality is that having
properly sworn their oaths of service, Uhuru Kenyatta and William Ruto
are Kenya’s President and Deputy President, notwithstanding the
encumbrances of the ICC, or the existentially divisive election and
its aftermath. It is a reality that we’ll have to make work for
Kenya’s sake.

UHURU FINDING HIS GROOVE

Indeed, distracted by their considerable excess political baggage, it
has been interesting to watch what have been some initial deft moves
by the UhuRuto duo. Kenyatta’s regular emphasis on the fact that he is
the President of all Kenyans is spot on. He now needs to get all
Kenyans to believe him. Similarly, his attending events in opposition
strongholds, has been just the kind of move the country needs. He
should try camping out at the State Lodge in Kisumu for a week or two
to build on this. Then those in Kakamega, Mombasa etc. One of the good
things about being flat on your back in terms of expectations
vis-à-vis national vision is that the only way you can look is up.
That’s the theory. It is especially important now as a wave of
insecurity sweeps across the country, ironically, in some of the very
Counties where violence had been anticipated around the elections.

Under the previous constitution 90 days was all it took for a head of
state to consolidate power to the point that their overall direction
in terms of governance was clear. It’s been slightly more convoluted
for the Jubilee team partly because the constitution doesn’t allow the
same discretion their predecessors enjoyed. Still, a couple of trends
have become clear.

OUTSOURCING GOVERNANCE

First, the ‘private sector’ is clearly the primary client of this
administration in terms of policy. We are now Kenya Inc. and open for
business – in itself actually genuinely exciting for many. Indeed,
outside strongholds in the Rift Valley and Central Province, it is in
the boardrooms (not all but a critical mass of them) where Jubilee’s
victory has been most enthusiastically celebrated. Some populist
pledges have been made, but there appears to be an understanding
especially within the wing of our private sector with the most
reactionary tendencies – the owners of really large illegally or
irregularly acquired tracts of land and the service sector – that
these won’t be allowed to get in the way of business. To their credit
too, the Jubilee government’s leadership has been careful to avoid any
statements that may be misunderstood to mean that an anti-corruption
campaign is in the offing. This, it can be argued, is one of the
necessities when the intellectual underpinnings of governance are
outsourced to the private sector, in what is actually a sophisticated
condition of entrenched crony capitalism for lack of better words.
This typically has its accompaniments – and graft is one of them.

The President and Deputy President have presented images of corporate
efficiency of the vein in which they ran their impressive election
campaign. Even the propaganda has been dished out with a slickness
that is without precedent. The defining policy imperative underlying
it all is the ICC of course, which helped forge the central tribal
alliance that in turn came to define Jubilee. So critical is this
self-imposed reality that it has discombobulated diplomacy –
internally and outside Kenya. Indeed, it caused Kenya’s Representative
at the United Nations to pen a request to the Security Council that
was so bizarre, some at first questioned its authenticity.

RUTO: THE REAL ‘HALF LOAF’

The second issue that stands out about the new administration is that
even though he is called Deputy President, William Ruto, is actually,
for all intents and purposes, a co-principal. Indeed, he is more of a
co-principal than Raila Odinga ever was under the old order of the
post-2008 coalition. While ODM had settled for ‘half a loaf’ in
political terms, what they seem to have got was a couple of slices,
larger and noisier motorcades and the chance for some at individual
self -enrichment on an unprecedented scale. This latter attribute,
some analysts argue, softened them up to the point that they were
unable to prepare properly for the 2013 poll; they weren’t hungry
enough. Their opponents on the other hand, were tremendously focused.

After all, they were facing the successor to the Nuremberg Court that
brought down the likes of Hermann Goering, Rudolf Hess, Slobodan
Milosevic and others whose exploits tilled the earth that gave birth
to the state of Israel and continue to be the subject of PhDs,
academic tomes, novels, documentaries and sombre public holidays in
countries that consider themselves the most civilised in the world.
Ruto delivered and has firmly gripped his half loaf as evidenced by
his own statements and the line-up of Cabinet Secretaries that were
rolled out.

Those who doubt his grip and the extent of his leverage need only
consider the fact that despite the alliance of ‘peace’ and
‘reconciliation’ between the Gikuyu and the Kalenjin that now prevails
– Rift Valley IDPs aren’t racing back to farms from which they were
evicted in 2008. All of us know, quietly and without too much fuss,
that we aren’t quite there yet; we aren’t even close. It is such
inconveniences that interrupt the ‘move on’ narrative for now. One
Gikuyu resident of the region not far from where Ruto was born summed
it up best when he told me: “Everyone was happy that Kenyatta and Ruto
were on the same side during the election because it reduced the
chance (likelihood) that Ruto’s Kalenjin supporters would attack us…
Here on the ground the mistrust is still strong.”

Incredibly, considering its credibility challenges, in this
environment even the much maligned TJRC is having difficulty handing
over its report to the President. In some sections of the media, it
was reported that they might have been thinking of ‘massaging’ the
chapter on land. IDPs, for their part, are not shareholders in Kenya
Inc. just yet. They remain part of those either too angry to move on
or are simply suspicious of the hand they have been dealt and are
waiting to understand what it really all means. Time, they say, heals
all things. When the clock is working.



John Githongo is the CEO of Inuka Kenya Trust fka Zinduko Trust and
head of Twaweza in Kenya.  This piece first appeared in the Nairobi
Star.



May 22, 2013









When the Supreme Court decided against those who were contesting the
election of Uhuru Kenyatta anticipated jubilation broke out in
Jubilee’s ethnic strongholds. Gloom overcame other parts of Kenya.
This was the natural reaction and continues to play out. The new
government’s supporters both within and outside Kenya urged everyone
to ‘move on’ and focus on the future. Essentially, forget the past,
accept the new reality, find your space in it and get on with life.

LETS MOVE ON’ INTO UNCHARTED WATERS

Kenyans are a resilient lot and many have done just this.

To many, however, the ‘let’s move on’ clarion has literally come to be
understood as an abuse, in part because they have yet to come to terms
with the legitimacy of the President and Deputy President in
particular. This is because the election was so ethnically divisive;
it sunk the Independent Election and Boundaries Commission (IEBC) like
a canoe into which too many bundles of cash had been thrown; and, for
many, it moved one of the new constitution’s most heralded novelties
– the Supreme Court – from the winners’ podium into a sort of
governance pit-latrine. The anger fuelled by this and the sense of
helplessness to do anything about it is existential and therefore
durable. In the 1990s, and first decade of the new century, flawed
elections were held every five years but Kenyans ‘moved on’ because in
the horizon there was end to the Moi era; there was a new
constitution; there were so many reforms coming into realisation after
the elections. Only to find, as a character in Francis Imbuga’s
masterpiece “Betrayal in the City” so memorably put it, “It was better
while we waited. Now we have nothing to look forward to. We have
killed our past and are busy killing our future”.

2013 was the transition of multiple tyrannies, both real and imagined,
from the tyranny of tribal numbers, to the terrorism of peace, to the
blatant dictatorship of ‘mta do?!’ It will take some time too, to come
to terms with this present dispensation for the many of considerable
credibility, intellect, analytical expertise and patriotism who
honestly believe the election was stolen; stolen massively and stolen
well. For now, the constant demand to let the nation ‘move on’ seems
to have bought Kenya the ‘peace’ so many so badly crave. However, it
is not unlikely that the reputation of the gaggle of ‘experts’ and
their institutions who opined authoritatively on a process that is
still fraught with so many questions that refuse to go away will fall
into serious doubt.  It will also force many of us to admit that over
two decades of good governance advocacy, anti-corruption work,
constitution building, democracy promotion, all costing billions, has
seemingly brought us backwards. For, as I mentioned some weeks ago, as
a nation-building exercise, the election failed badly.

These contradictions comprise the uncharted waters into which the
Kenyan ship has sailed. For the constitutional reality is that having
properly sworn their oaths of service, Uhuru Kenyatta and William Ruto
are Kenya’s President and Deputy President, notwithstanding the
encumbrances of the ICC, or the existentially divisive election and
its aftermath. It is a reality that we’ll have to make work for
Kenya’s sake.

UHURU FINDING HIS GROOVE

Indeed, distracted by their considerable excess political baggage, it
has been interesting to watch what have been some initial deft moves
by the UhuRuto duo. Kenyatta’s regular emphasis on the fact that he is
the President of all Kenyans is spot on. He now needs to get all
Kenyans to believe him. Similarly, his attending events in opposition
strongholds, has been just the kind of move the country needs. He
should try camping out at the State Lodge in Kisumu for a week or two
to build on this. Then those in Kakamega, Mombasa etc. One of the good
things about being flat on your back in terms of expectations
vis-à-vis national vision is that the only way you can look is up.
That’s the theory. It is especially important now as a wave of
insecurity sweeps across the country, ironically, in some of the very
Counties where violence had been anticipated around the elections.

Under the previous constitution 90 days was all it took for a head of
state to consolidate power to the point that their overall direction
in terms of governance was clear. It’s been slightly more convoluted
for the Jubilee team partly because the constitution doesn’t allow the
same discretion their predecessors enjoyed. Still, a couple of trends
have become clear.

OUTSOURCING GOVERNANCE

First, the ‘private sector’ is clearly the primary client of this
administration in terms of policy. We are now Kenya Inc. and open for
business – in itself actually genuinely exciting for many. Indeed,
outside strongholds in the Rift Valley and Central Province, it is in
the boardrooms (not all but a critical mass of them) where Jubilee’s
victory has been most enthusiastically celebrated. Some populist
pledges have been made, but there appears to be an understanding
especially within the wing of our private sector with the most
reactionary tendencies – the owners of really large illegally or
irregularly acquired tracts of land and the service sector – that
these won’t be allowed to get in the way of business. To their credit
too, the Jubilee government’s leadership has been careful to avoid any
statements that may be misunderstood to mean that an anti-corruption
campaign is in the offing. This, it can be argued, is one of the
necessities when the intellectual underpinnings of governance are
outsourced to the private sector, in what is actually a sophisticated
condition of entrenched crony capitalism for lack of better words.
This typically has its accompaniments – and graft is one of them.

The President and Deputy President have presented images of corporate
efficiency of the vein in which they ran their impressive election
campaign. Even the propaganda has been dished out with a slickness
that is without precedent. The defining policy imperative underlying
it all is the ICC of course, which helped forge the central tribal
alliance that in turn came to define Jubilee. So critical is this
self-imposed reality that it has discombobulated diplomacy –
internally and outside Kenya. Indeed, it caused Kenya’s Representative
at the United Nations to pen a request to the Security Council that
was so bizarre, some at first questioned its authenticity.

RUTO: THE REAL ‘HALF LOAF’

The second issue that stands out about the new administration is that
even though he is called Deputy President, William Ruto, is actually,
for all intents and purposes, a co-principal. Indeed, he is more of a
co-principal than Raila Odinga ever was under the old order of the
post-2008 coalition. While ODM had settled for ‘half a loaf’ in
political terms, what they seem to have got was a couple of slices,
larger and noisier motorcades and the chance for some at individual
self -enrichment on an unprecedented scale. This latter attribute,
some analysts argue, softened them up to the point that they were
unable to prepare properly for the 2013 poll; they weren’t hungry
enough. Their opponents on the other hand, were tremendously focused.

After all, they were facing the successor to the Nuremberg Court that
brought down the likes of Hermann Goering, Rudolf Hess, Slobodan
Milosevic and others whose exploits tilled the earth that gave birth
to the state of Israel and continue to be the subject of PhDs,
academic tomes, novels, documentaries and sombre public holidays in
countries that consider themselves the most civilised in the world.
Ruto delivered and has firmly gripped his half loaf as evidenced by
his own statements and the line-up of Cabinet Secretaries that were
rolled out.

Those who doubt his grip and the extent of his leverage need only
consider the fact that despite the alliance of ‘peace’ and
‘reconciliation’ between the Gikuyu and the Kalenjin that now prevails
– Rift Valley IDPs aren’t racing back to farms from which they were
evicted in 2008. All of us know, quietly and without too much fuss,
that we aren’t quite there yet; we aren’t even close. It is such
inconveniences that interrupt the ‘move on’ narrative for now. One
Gikuyu resident of the region not far from where Ruto was born summed
it up best when he told me: “Everyone was happy that Kenyatta and Ruto
were on the same side during the election because it reduced the
chance (likelihood) that Ruto’s Kalenjin supporters would attack us…
Here on the ground the mistrust is still strong.”

Incredibly, considering its credibility challenges, in this
environment even the much maligned TJRC is having difficulty handing
over its report to the President. In some sections of the media, it
was reported that they might have been thinking of ‘massaging’ the
chapter on land. IDPs, for their part, are not shareholders in Kenya
Inc. just yet. They remain part of those either too angry to move on
or are simply suspicious of the hand they have been dealt and are
waiting to understand what it really all means. Time, they say, heals
all things. When the clock is working.



John Githongo is the CEO of Inuka Kenya Trust fka Zinduko Trust and
head of Twaweza in Kenya.  This piece first appeared in the Nairobi
Star.

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