Post by miguna on Dec 30, 2005 20:58:33 GMT 3
Can Kibaki take responsibility for anything?
By MIGUNA MIGUNA* - © 29 December 2005
Kenyans are extremely weary of this government’s perpetual inability to take responsibility for anything; even things everyone knows it has inflicted both upon itself and on the citizens of this country. It is becoming increasingly difficult to discern whether this refusal to acknowledge mistakes, errors or faults is due to arrogance or incompetence. Lately, the evidence shows that it might be both. At times, some of the actions or omissions this government has either engaged in, abetted or refused to deal with suggest that it is in many ways complicit in these acts. From Anglo Leasing to the current famine and starvation; the government has totally failed to acquit itself of culpability. This is tremendously worrisome to millions of Kenyans.
Kenyans are worried because their security and safety as a collective unit are in great jeopardy. For more than thirty six months since this government took over the reigns of power from Moi, Kenyans have looked in horror as their economic, political and legal fortunes are left in the hands of both careless and negligent caretakers. If one adds recklessness to the list of dominant traits exhibited by this new group of power-wielders, then one begins to appreciate why Kenyans are so concerned. The picture facing us is ugly, bleak and unstable. It is a very risky panorama of impending tragedies.
When Moi was in power, those entrenched within and close to this Kibaki regime made names for themselves for their persistent calls for accountability over two things - human rights violations and corruption. They always complained about Moi’s dictatorial streak; his then penchant for detaining anyone that dared to criticize him; for proscribing all publications he viewed as seditious (and these included school text books); and, of course, his record of supervising spectacular economic plunder and ruin. Moi never committed any atrocity – be it human rights violations or alleged economic crimes – that Kiraitu, Muite, Kiyuyi, Kamau Kuria, Makau Mutua, Martha Karua and Koigi wa Wamwere did not raise hell over. At that time, ordinary Kenyans were very proud of the courageous work of the Kenya Human Rights Commission. This organization, perhaps more than any other during this period of gloom, showed an unequal determination at exposing government’s excesses in all areas. No police atrocity; whether it was deemed excessive use of lethal force, extra-judicial killings or violent break-up of political gatherings, escaped the attention and scrutiny of these ravenous human rights watch-dogs of thither. The rule of law mantra became the cross on which these human rights activists of yester-years rightly crucified the Moi regime.
A close examination of past human rights reports - from Amnesty International, Human Rights Watch to the US State Department Annual Reports – indicate a consistent, persistent, detailed and dodged pursuit against all kinds of state orchestrated abuses by these new kids on the block. Those campaigns raised both local and international awareness of the conditions under which Kenyans were forced to live. Kenyans marveled at the skills, courage and persistence of our human rights activists.
Yet, no sooner had these people tasted power than they begun to behave exactly like Moi and his henchmen. What went wrong? Is there something pathological about Kenyans with political power?
All over the world, political accountability entails that the heads of departments, ministries and government answer for anything that happens in their departments. It is standard international practice that whenever there are criminal investigations targeting the activities of a senior government official; or when serious ethical questions have been raised of a particular senior government figure, that the individual or individuals targeted resign until such time as they may be cleared. In many cases (save and except where one is completely exonerated of any wrongdoing by an objective and credible transparent judicial process), such individuals would not be entrusted with any public responsibility again. They become more of a liability than assets in their positions. Ultimately, society as a whole suffers because of their continued involvement in positions of responsibility.
This is the reason we must wonder why the Kibaki government remains obstinate in the face of all the serious ethical, legal and political controversies and questions that have emerged since January 2003.
Why has Kibaki failed to release the Goldenberg Report? What does his government gain from keeping such an important report locked up, even after senior members of his government had publicly promised Kenyans that it would be released? What political benefit does Kibaki gain from refusing to release details of the Anglo Leasing scandal?
Clearly, Kenyans know enough of both these two humongous economic crimes to be able to piece a few missing links and draw appropriate conclusions. Because the secrecy shrouding these two major issues impact negatively on the Kibaki presidency and government, it beats reason why an otherwise intelligent president would want to remain mum over these political hot potatoes. In functioning democracies, all the personalities that were remotely associated (even if only by virtue of their official or private positions) would have been relieved of their positions as thorough independent police investigations are conducted, forensic accounting investigations done and either charges laid or a judicial or public inquiries held. At the very least, heads would have rolled. This has not happened in our case. The question is why?
The police recruitment corruption scandal that followed closely on the heels of other police related abuses such as the unresolved killings in Kisumu and Kilifi during the referendum campaigns would have, in functioning democratic polities where the rule of law is respected, resulted in the public seeing several high-prized casualties. First, Major General Hussein Ali, as the Commissioner of Police would have either resigned or been fired. The Minister for Internal Security at the time would have faced the axe as well. This is particularly the case when one considers the insensitive, arrogant and misleading statements both gentlemen gave as explanations as to why those innocent Kenyans were brutally gunned down in cold blood. The murk stinks to the high heavens when we remember that inquiries over these deaths were publicly promised yet nothing seems to have come out of them. Again, no heads have rolled. The government has never taken responsibility for these innocent lives lost. Kenyans have been left with wounds that cannot heal until full answers are given.
The despicable scenes of emaciated Kenyans, including babies starving to death as the government gloats over some purported five percent economic growth (which will never trickled down to those dying), is both unacceptable and inexcusable. Yet, rather than move speedily to arrest and deal with this national tragedy, senior members of President Kibaki’s government are busy chastising Kenyans for expressing their misgivings over the government’s commitment to its citizens. As usual, no heads have rolled. The Minister for Special Programs (or is it Projects?) has not publicly and candidly explained to Kenyans and the world what went wrong. Kibaki, on his part, has not just been slow; he has not even assured Kenyans that the reports of a looming wide-ranging catastrophe (affecting North Eastern, Eastern, parts of Nyanza, Western, Rift Valley and Coast provinces) will be prevented.
A serious government faced with these situations would have gone out of its way to show genuine concerns over its citizens.
Clearly, this government suffers from worse maladies than poor errors in judgment. The government’s inability to communicate effectively with Kenyans; its refusal to take responsibility for obvious failures and its total lack of preparedness even when confronted with national havocs such as the famine, raises fundamental questions about its ability to continue governing. As we start a new year, Kenyans will have to examine whether this is the government they deserve.
______________________________________________________________________
*The writer is a Barrister & Solicitor in Toronto, Canada
By MIGUNA MIGUNA* - © 29 December 2005
Kenyans are extremely weary of this government’s perpetual inability to take responsibility for anything; even things everyone knows it has inflicted both upon itself and on the citizens of this country. It is becoming increasingly difficult to discern whether this refusal to acknowledge mistakes, errors or faults is due to arrogance or incompetence. Lately, the evidence shows that it might be both. At times, some of the actions or omissions this government has either engaged in, abetted or refused to deal with suggest that it is in many ways complicit in these acts. From Anglo Leasing to the current famine and starvation; the government has totally failed to acquit itself of culpability. This is tremendously worrisome to millions of Kenyans.
Kenyans are worried because their security and safety as a collective unit are in great jeopardy. For more than thirty six months since this government took over the reigns of power from Moi, Kenyans have looked in horror as their economic, political and legal fortunes are left in the hands of both careless and negligent caretakers. If one adds recklessness to the list of dominant traits exhibited by this new group of power-wielders, then one begins to appreciate why Kenyans are so concerned. The picture facing us is ugly, bleak and unstable. It is a very risky panorama of impending tragedies.
When Moi was in power, those entrenched within and close to this Kibaki regime made names for themselves for their persistent calls for accountability over two things - human rights violations and corruption. They always complained about Moi’s dictatorial streak; his then penchant for detaining anyone that dared to criticize him; for proscribing all publications he viewed as seditious (and these included school text books); and, of course, his record of supervising spectacular economic plunder and ruin. Moi never committed any atrocity – be it human rights violations or alleged economic crimes – that Kiraitu, Muite, Kiyuyi, Kamau Kuria, Makau Mutua, Martha Karua and Koigi wa Wamwere did not raise hell over. At that time, ordinary Kenyans were very proud of the courageous work of the Kenya Human Rights Commission. This organization, perhaps more than any other during this period of gloom, showed an unequal determination at exposing government’s excesses in all areas. No police atrocity; whether it was deemed excessive use of lethal force, extra-judicial killings or violent break-up of political gatherings, escaped the attention and scrutiny of these ravenous human rights watch-dogs of thither. The rule of law mantra became the cross on which these human rights activists of yester-years rightly crucified the Moi regime.
A close examination of past human rights reports - from Amnesty International, Human Rights Watch to the US State Department Annual Reports – indicate a consistent, persistent, detailed and dodged pursuit against all kinds of state orchestrated abuses by these new kids on the block. Those campaigns raised both local and international awareness of the conditions under which Kenyans were forced to live. Kenyans marveled at the skills, courage and persistence of our human rights activists.
Yet, no sooner had these people tasted power than they begun to behave exactly like Moi and his henchmen. What went wrong? Is there something pathological about Kenyans with political power?
All over the world, political accountability entails that the heads of departments, ministries and government answer for anything that happens in their departments. It is standard international practice that whenever there are criminal investigations targeting the activities of a senior government official; or when serious ethical questions have been raised of a particular senior government figure, that the individual or individuals targeted resign until such time as they may be cleared. In many cases (save and except where one is completely exonerated of any wrongdoing by an objective and credible transparent judicial process), such individuals would not be entrusted with any public responsibility again. They become more of a liability than assets in their positions. Ultimately, society as a whole suffers because of their continued involvement in positions of responsibility.
This is the reason we must wonder why the Kibaki government remains obstinate in the face of all the serious ethical, legal and political controversies and questions that have emerged since January 2003.
Why has Kibaki failed to release the Goldenberg Report? What does his government gain from keeping such an important report locked up, even after senior members of his government had publicly promised Kenyans that it would be released? What political benefit does Kibaki gain from refusing to release details of the Anglo Leasing scandal?
Clearly, Kenyans know enough of both these two humongous economic crimes to be able to piece a few missing links and draw appropriate conclusions. Because the secrecy shrouding these two major issues impact negatively on the Kibaki presidency and government, it beats reason why an otherwise intelligent president would want to remain mum over these political hot potatoes. In functioning democracies, all the personalities that were remotely associated (even if only by virtue of their official or private positions) would have been relieved of their positions as thorough independent police investigations are conducted, forensic accounting investigations done and either charges laid or a judicial or public inquiries held. At the very least, heads would have rolled. This has not happened in our case. The question is why?
The police recruitment corruption scandal that followed closely on the heels of other police related abuses such as the unresolved killings in Kisumu and Kilifi during the referendum campaigns would have, in functioning democratic polities where the rule of law is respected, resulted in the public seeing several high-prized casualties. First, Major General Hussein Ali, as the Commissioner of Police would have either resigned or been fired. The Minister for Internal Security at the time would have faced the axe as well. This is particularly the case when one considers the insensitive, arrogant and misleading statements both gentlemen gave as explanations as to why those innocent Kenyans were brutally gunned down in cold blood. The murk stinks to the high heavens when we remember that inquiries over these deaths were publicly promised yet nothing seems to have come out of them. Again, no heads have rolled. The government has never taken responsibility for these innocent lives lost. Kenyans have been left with wounds that cannot heal until full answers are given.
The despicable scenes of emaciated Kenyans, including babies starving to death as the government gloats over some purported five percent economic growth (which will never trickled down to those dying), is both unacceptable and inexcusable. Yet, rather than move speedily to arrest and deal with this national tragedy, senior members of President Kibaki’s government are busy chastising Kenyans for expressing their misgivings over the government’s commitment to its citizens. As usual, no heads have rolled. The Minister for Special Programs (or is it Projects?) has not publicly and candidly explained to Kenyans and the world what went wrong. Kibaki, on his part, has not just been slow; he has not even assured Kenyans that the reports of a looming wide-ranging catastrophe (affecting North Eastern, Eastern, parts of Nyanza, Western, Rift Valley and Coast provinces) will be prevented.
A serious government faced with these situations would have gone out of its way to show genuine concerns over its citizens.
Clearly, this government suffers from worse maladies than poor errors in judgment. The government’s inability to communicate effectively with Kenyans; its refusal to take responsibility for obvious failures and its total lack of preparedness even when confronted with national havocs such as the famine, raises fundamental questions about its ability to continue governing. As we start a new year, Kenyans will have to examine whether this is the government they deserve.
______________________________________________________________________
*The writer is a Barrister & Solicitor in Toronto, Canada