Kanu symbols a national heritage - keep-off weasel

[miguna]

Kanu’s symbols are our national heritage – protect them from political weasels
By MIGUNA MIGUNA* - © 1 January 2006

Apparently, three entrepreneurial young Kenyans (either acting alone of in concert with other more formidable operatives) are determined to demarcate, fence off and nyakua Kanu in the same manner that millions of hectares of public land in this country have been unscrupulously “acquired” by the crème-de-la-crème. This sad phenomenon in Kenya of the strong, the influential and the entrepreneurial crooks fencing off anything and everything valuable, and converting these into private property must stop if this country is to leave any meaningful legacy for our children.

Press reports indicate that a young man going by the name Mugambi Imanyara (apparently a member of our learned profession to boot – why am I surprised?) has not just managed to register another political party called Kanu, he is also trying to fence off all symbols Kanu has historically used. We have to concede that this young man is a first class political weasel. He is also undoubtedly possessed of a remarkable chutzpah. He may qualify for a citation by the Nobel Committee for distinguished political pick-pocketing.

Had he tried pulling these off on April 1st, Kenyans would have been forgiven for dismissing his antics as an April’s Fools Day trick. But since we are only in the wee hours of January, Mr. Weasel’s latest venture deserves a good examination.

Mr. Weasel made a remarkable announcement the other day that he is seeking exclusive Trademark rights for the historically recognized Kanu symbols such as the Cockerel (or Rooster), the two spears or swords and the shield. He may even be staking claims on others. He also fired a shot at the legitimate Kanu (what he called old Kanu) not to use the name “Kanu,” which he claimed was not an acronym but a full-fledged name. His arguments were as intriguing as they were completely laughable.

Our newly minted master of political pick-pocketing claims that since the legitimate Kanu had been registered as Kenya African National Union, and not as Kanu, it cannot use the name Kanu. Are you getting confused with me here? Well, he actually went on and posited that since the legitimate Kanu never “registered” its symbols when it was registered as a political party before independence (although it has consistently used these same symbols ever since), it [meaning the real McCoy] cannot continue using the symbols since they now BELONG to Mr. Weasel and his new team of political conmen.

Apart from his remarkable chutzpah and entrepreneurial skills (which I bow in reverence to), Mr. Weasel should have studied a bit of history before trying to execute such brazen daylight political robberies. Had he studied the history of this country, Mr. Weasel would have learnt the following lessons.

Kanu’s symbols did not magically appear on the face of this earth by sheer chance. They were carefully conceived and their drawings commissioned by one Jaramogi Oginga Odinga, well before the Weasel was conceived. If there is any one individual in this country that could have claimed a Trademark registration and fencing off of the Kanu symbols, that person is the beloved late Jaramogi (may his soul rest in peace.) Because Jaramogi’s intellectual properly was patriotically donated to Kanu and through Kanu to the entire nation of Kenya, these symbols that our Trademark con-artist proclaims should be his, belong to all Kenyans.

To be accurate, the symbols do not actually belong to Jaramogi; only their particular arrangement or organization on the Kanu coat of arms do. Jaramogi “borrowed” the symbols and their meanings from his people, the Luo of Nyanza.

One neither needs an anthropology or history degree in order to know that the Rooster, spear, shield and axe are important accompaniments when a young Luo man is preparing to construct a new home (not a house.) As the young man departs from his father’s homestead for his future one, he carries a spear in his right hand and a shield on his left hand. The Rooster is carried by the young man’s eldest son, who leads the delegation.

While the spear represents the military courage, prowess and preparedness of the family/community, the shield symbolizes defense and security of the new homestead. The Rooster is the family or communal clock and calendar; it not only tells time, it also orders, regularizes and organizes the family’s or community’s activities and events. It is the Rooster’s crowing at dawn that wakes up and signals the time for ploughing. As well, the Rooster informs the women when to fetch water, firewood, or when to prepare lunch or dinner. This was more so at independence than it is now. However, the importances of these symbols remain integral to the Luo way of life. When Jaramogi lent these symbols to Kanu, the Luo told time precisely by the number, regularity and intonation of the Rooster’s crowing.

Kenya’s independence from colonial rule was obtained through a bloody liberation struggle. It is imperative to understand that most of that struggle was conducted using spears, shields, bows and arrows, and not by means of guns and gunpowder. As such, at the time when Jaramogi was conceiving of these symbols, one could not have thought of freedom struggle without at the same time thinking of spears and shields.

Similarly, once the liberation struggle was won, independence presented (at least to Jaramogi and others of his group), the opportunity of constructing or building one’s new homestead, hence the use of symbols that Luos used. To Jaramogi and his colleagues, Kenya was a new home that was being built on the strength of military valour and gallantry. The new national homestead could therefore not be constructed without a Rooster leading the way, organizing life and activities. In essence, to Jaramogi, Kenya could not develop economically, socially, culturally and politically without the steady and precise guidance of a Rooster’s intermittent crow.

Mr. Weasel acts like a weevil. He should not be permitted to nyakua, fence off mortgage or destroy (through some legal fiction) our national heritage and historical symbols for short term selfish petty political gains or interests.

The Luo have a saying that weevils or thuth, must be separated from maize grains. Weevils are a strange species. Even by the sound of it, weevils conjure up images of rapacious destruction; always eating things inside out. Weevils are so diligent, patient and persistent that when left undisturbed inside grain storage for any extended amount of time, they render everything into dust; leaving empty shells, husks and dust.

The only other specie that operates like weevils are jiggers. The latter burrows deep inside human body, eating, defecating and turning every tissue, vein and cell into a muddy swamp. The result is always pus-releasing sores and distress.

This explains why the Kanu symbols cannot be treated as mere artifacts for Mr. Weasel to play around with. Regardless of our own idiosyncratic or political differences with Kanu at the moment, we must recognize the fact that these symbols are part of our national heritage.

Both weevils and jiggers desecrate, destroy, plunder and deplete; so are most of our post-independence political weasels. We should route them out before they desecrate our history and national heritage.
______________________________________________________________________

*The writer is a Kenyan practicing law in Toronto, Canada

[aeichener]

miguna said:

Kenya’s independence from colonial rule was obtained through a bloody liberation struggle.

Let us formulate this properly:
Kenya's way to independence was paralleled by a bloody liberation struggle.

Alexander

[miguna]

Not "paralleled by" [your words, not mine] as you have changed it but "obtained through" [my exact words, which I stand by]. Check again. It is right in front of you.

-Miguna-

[aeichener]

Miguna: you have displayed your ignorance of Kenyan history clear enough.
Thank you. Your readers will hardly be surprised.

Alexander

[miguna]

Alexander (if that's your name):

I had stated way back that if you failed to answeer certain questions I had asked of you, I would never engage you again. You did not respond and I wish to maintain that decision.

I have noticed two things with you.

One, you never say anything meaningful and substantial, choosing in stead to engage in a hit and run like a cowardly guerilla. I am not in this to participate in any guerillar warfare you might have imagined. I don't know who you are. And at this rate, I honestly don't want to know. I am not sure if you know me; but whatever it is you seem to have against me does not have to be dredged up every time I post something. You could decide to simply ignore my posts if you feel that I am either ignorant or my posts are beneath you.

Two, your quips are usually irrelevant, poorly written and mostly egotistical. We are not here to boost your ego Alexander. If you feel offended because I have never engaged you on anything, it is because I find almost all your statements empty. I'm sorry if this makes you feel bad. But it is the truth. I, unlike you, chose long ago, to simply ignore you completely.

And three, I care about Kenya and how Kenya can overcome its many problems. Most of these problems, in my view, are caused by poor governance. Now, while you may pride yourself as a literary giant, legal eagle or a very significant thinker, I have never met your name anywhere as having contributed towards the uplifted of Kenyans from their drudgery. Please educate me if it is my ignorance that has made me miss your name. As such, I think engaging on cyberspace is as meaningless as it is useless.


It has not escaped our notice (it is not just me) that you always try to change the topic when a much more relevant topic to our ordinary people crops up. You have exposed yourself as not just a coward but also as a hypocrite.

I don;t think I can debate you on history. You are not on my league. Please join some junior leagues to prepare yourself to play at my level. Until then, adeau.....

Now, go ahead and debate the wind or yourself if you want.

You will never ever hear from me.
[unedited]

-Miguna-

[miguna]

Make that "three things" with you coward!

[kamalet]

I think you now need to provide ACTUAL evidence of a Luo heritage to the KANU symbols, and the fact the IPR to the designs could be attributed to Jaramogi!

Just because some dodgy partner to ODM has been shafted in the same manner ODM was shafted is no reason for the defence you puport to give KANU! In any case Jaramogi quit the party in 1966, formed his own KPU, was tricked by the Giraffe to rejoin KANU through bribery only to be shafted once again by the Giraffe, and you now claim some interesting heritage?? - I am afraid I can only read hypocrisy in this defence

At the risk of appearing to defend Alexander (and he does deserve it!), I do not think you have any right to arrogate yourself superior debating rights in these forums to those of other posters. Perhaps you should look into other forums where your posts are shredded to pieces by people who have little respect for what you write. I think you should not confuse civility to your posts in Jukwaa to reverence of what you think is superior writing abilities.

Good manners demands you respect those who also do not agree with what you write.

[roughrider]

I can confirm that Miguna is largely correct on the origins and meanings of the Kanu symbols. They, derive from the Luo custom of ‘go dala’ (constructing a home) where the co.ckerel in particular is highly symbolic. In fact the c.ockerel is later referred to as ‘thuond pacho’, loosely translated as the ‘protector of the home’. At all times any respectable homestead must have a ‘thuond pacho’…

It is a fulfilling experience to watch free range chicken in a Luo homestead... the role of the c.ockerel becomes very clear.

These are historically recorded facts and cultural practices that can be easily verified (I particularly treasure a Jaramogi speech from the 1980's where he was discussing the early political history of this country). It is also an important example of how cultural practices can contribute to national development and politics.

It seems interesting to recap some facts from KANU’s history:

• Kanu’s constitution was written by Ojino Okew who served as Jaramogi’s personal secretary.
  
  At the time when Kanu was being formed, Jomo Kenyatta was in prison. Jaramogi and Arthur Ochwada went to James Gichuru to urge him to re-enter politics and serve as the first chairman of Kanu (ostensibly in trust for Kenyatta, initially in 1946, Gichuru had stepped down for Kenyatta as leader of KAU) – it is these three who agreed on the name KANU. (Jaramogi had initially proposed Uhuru Party but most likely the Mzungu would hear none of it)
  
  At this time Tom Mboya was trying to strengthen a party called PCP while Argwings Kodhek was championing the Nairobi African People Congress. Both (being pragmatic politicians) realized that they would be weak, peripheral and ineffectual if they did not join the larger effort to launch a bigger, nationalist party.
  
  Kanu was officially launched in May 1960.
  
  Gichuru became first president, Jaramogi his vice, Mboya Secretary, and Ochwada assistant secretary. Moi, Ngala, Muliro and others who were to be part of the KANU executive had been conveniently absent and later resorted to starting KADU for ‘small tribes’. KADU was correctly an amalgamation of smaller regional parties.
  
  The ideological difference between KANU and KADU at the time was that KANU wanted an African government while KADU championed a multi-racial government.
  
• 
  
• 
  

Hey, did I say Happy New Year everyone?

[kamalet]

Perhaps you should also investigate the symbolism in Kikuyu of these symbols. Guess on that basis alone Kikuyus could also claim heritage to the symbols.

My point - no national heritage in these symbols apart from hypocritical claims for present day political purposes!

[miguna]

Roughrider:

Thanks for that exhaustive cultural anthropological history of Kenya. Others can very well choose to shred them to pieces. But that shredding business will only be possible because you have provided something for the idle mind to play with. Those who offer no ideas offer nothing to shred. In any event shredding, as a destructive practice, does not mean that the thing being shred is bad or good. Good, cogent and reasonable ideas do not fall because they are shred or "supported". After all, we all know that Jaramogi largely died with his good ideas when Kenyans have been RULED foe more than 40 years by Kenyatta, Moi and now Lt. Keguoya - people with very little, if any GOOD IDEAS, that anyone can speak of.

But, they have tried to change the topic again - unsuccessfully. The issue has never been whether the Rooster or any of those symbols are only used by the Luos of Kenya. Anyone with a good story to tell about Kikuyus, Merus, Ogiek, et cetera, can go ahead and tell us. Our brothers and sisters in Western Province also revere the Rooster, perhaps more than the Luo. They have full weeks dedicated to the Rooster Fights! But that was neither here nor there. The issue is how Kanu came by those symbols. If anyone has information about Kenyatta coming up with the ideas, please feel free to share. Until then, bye bye.

[unedited]
-Miguna-

[miguna]

And yes, they are a NATIONAL HERITAGE. These symbols played a significant role during the struggle for independence and they have historically meant a lot to the people of Kenya. But, of course, the "kidole moja" salute was not a Jaramogi idea. So, that one I have no comment on!

[johns]

Kamalet,

Are you discounting Migunas assertion simply because you (plural) want also to have a stake with the symbols or because you are having difficulties with the fact that Jaramogi might have single handed contributed to kenya such a rich heritage?

[kamalet]

Johns,

Certainly not, and I have no interest in who owns the symbols. I am just concerned when we start perpetrating LIES that are not backed by any historical evidence! Why ascribe things to someone who never acknowledged providing the symbols. KANU was just one of the parties that struggled for independence, and if we claim heritage to symbols, then we should also recognise these parties.

In any case, KANU was responsible for the worst attrocities after the Mbeberu, and this late-day praise of KANU can only be seen in the present tribal alignments being managed by KANU and its single parent child LDP.

[miguna]

Kamau,

I had decided to let you go but for your continued unwarranted attacks on Jaramogi (may his soul rest in peace). Anybody who knew Jaramogi would tell you that he was so modest and humble that he would never have claimed the merit publicly like your type or like you would have preferred. The mere fact that he did not climb Mount Kenya to shout on top of his voice of his contributions (and they are a legion) would never ever erase those contributions. This we shall never allow. We shall write the history of this country correctly and accurately whether you like it or not.

And no, it has nothing to do with ODM.

As for Kanu dictatorship, please ask Kenyatta and Moi. Jaramogi suffered under the same dictatorship. He was never president of Kenya.

Accurate history we shall write of Kenya - upende usi pende!

[unedited]
-Miguna-

[kamalet]

Miguna,

The "attacks" are actually warranted. I hold little reverence for the man if you wish to know. Alongside a group of politicians of his ilk that include Kenyatta, Moi and YES the man's lost son, these people have in very many ways abused this country and its people through rape of resources, abuse and arrogance of power. So as far as I am concerned, I hope he burns in hell!!!!

You can try and put a veneer of national patriotism in your defence of Kanu and its symbols, but sadly this still sounds very hollow, and some of us can see right through you and where you are coming from. We are not stupid Miguna!

If this is your idea of accurate history, then I can only hope that it is read in Outer Mongolia where it matters little.

[roughrider]

As I was saying, cultural practices can contribute to shaping national politics and development. By referring to the self evident Luo origins of our national symbols I am NOT in any way promoting some kind of Luo hegemony…. And neither is Miguna. On the contrary we are only pointing out how the fusion of our cultures can contribute to a dynamic and better whole.

An aside: birds seem to be choice national symbols for many countries: In New Zealand they have a rare bird Kiwi as a national icon - a reflection of that country’s unique biodiversity. Uganda has a red-crested crane; the bald eagle in the US symbolizes strength, courage, freedom, and immortality; The Peac.ock, Pavo cristatus (Linnaeus), the national bird of India, is symbolic of qualities like beauty, grace, pride and mysticism…..

The list can go on infinitely.

I have no idea what the Rooster signifies for the Agikuyu but if you, Kamale, can find some Kikuyu symbolism for it then by all means do so, because it might unify us better. For instance I believe the name Kenya is derived from a corruption of the mountain the Kikuyu called ‘kirinyaga’ but Kenya is now a name for all of us and I am proud of it. I dont feel bad because the name has some Kikuyu origin. Kiswahili our beautiful language is a fusion of Bantu with Arabic influences but we (including Nilotes like myself) are proud speakers.

So I dont understand the pulsating pain in your throat merely because Luo culture might contribute something to the national character!

I was talking to an elderly Luo (jaduong) about these matters yester night and he drew my attention to certain other aspects of ‘go dala’, or the custom of constructing a new homestead that every respectable Luo man must carry out. The fact of the first born son carrying an axe (lee) and the absolute necessity of performing the ritual at dawn. The new home is then referred to as 'the place of so and so' with the prefix 'ka' so that Miguna's new home would be 'Kamiguna', it should be easy therefore to see where names like 'Karachuonyo' come from. The descendants of Rachuonyo would be Jo-karachuonyo.

Then he - the jaduong - reminded me of the way these symbols were used to signify freedom in kenya. "We were constructing a new home in Kenya.... we all became Jo-Kenya... it was a new dawn"

The parallels with deep Luo culture are not coincidental.

Finally to stress the national character he urged me to take a good look, NOT at the KANU symbols but the National Coat of Arms.... that enduring symbol of sovereignty. And right in the middle was the rooster with the axe. The spears on the coat of arms are from the Maa community.



And to quench my curiosity even further jaduong reminded me that every Kenyan coin and currency note has these symbols; they are symbols of our national sovereignty and they are borrowed from one of the most revered Luo cultural practices.

So Miguna (and Kamale if you are still with me), Jaramogi (who was a Luo Ker) not only borrowed and lent this symbols to KANU but more importantly lent them to our country – thus the coat of arms. This in my view is easily one of Jaramogis most important and enduring legacies.

[kamalet]

Just to let you know, the cockerel represented gicamba which denoted ucamba meaning bravery. It is from this that you get the name Njamba - brave male who had been circumcised. The spears on the court of arms are not maasai spears as the maasai spear has a longer blade than this. The kikuyus did have shortblade spears.

The crops represented on the court of arms, i.e. maize, coffee and pineapples are certainly grown in particular regions of the country!

Let us not distort history....tafadhalini!

[roughrider]

I am happy you have found some things that you can identify with as a Kikuyu in the KANU chicken …. this is the right spirit…. it leads to the acceptance of these as National symbols.

However – as you will note from the government website below – or any other respectable history books the c.ockerel is here symbolic not of courage but a ‘new and prosperous life’ so I suspect the ‘Njamba’ suggestion may not have been the original meaning of the symbol but what the heck, if it makes us happy lets interpret it also as a symbol of courage. (I suspect the two lions were the real symbols of courage)

www.kenyarchives.go.ke/emblem.htm

All references I have seen – including ones you can easily check on the internet - talk of Massai spears and shield. And yes, those are bona fide Massai spears. Look at this site for instance:

“The shape of the shield and spears are those used by the Maasai tribe…”

www.ngw.nl/int/afr/kenya.htm

The crops - coffee, pyrethrum, sisal, tea, maize and pineapples – are grown on the slopes of Mount Kenya and elsewhere in Kenya, though not necessarily indigenous crops. But we should all be happy and proud that they are grown by and among the Kikuyu.

If you look hard enough there should be something for everyone in these national symbols.

[abdulmote]

And I can also see the snow capped Mount Kenya behind the shield if you watch closely. And the Jogoo almost on standby, as if trying to hand over the axe to one of the lions perhaps for the "construction" purposes.

But who cares?! Fact is KANU had been a 'symbol' of theft, corruption, tyranny, dictatorship and what have you at least for four whole decades! Fact is it does not matter whether the symbol is a banana or an orange, but rather it is what it represents behind its movement that matters. As a Kenyan who is neither a kyuk nor a luo, I find it rather amusing to see how keen others are in claiming 'ownership' of the said symbols, which to me if I may, only find them to be simply that, symbols of whatever!

What good is a symbol of 'national heritage' if it can easily be soiled by hypocrites and perpetuators of poverty and human miseries? What can we see behind these symbols as they acquire new meanings and symbolism as time progresses?

[miguna]

Roughrider, Johns, Abdulmote and Kamau:

I have to concede that roughrider is better at this anthropological history than I. I take my hut off to him. Roughrider, please squeeze every juice of our national history, culture and symbolic meanings from that jaduong before he departs to join Jaramoji.

I can understand Abdulmote's pain and frustrations. Kenyans have really suffered under Kenyatta, Moi, Kibaki, Kanu and DP dictatorship. Yes, if we only looked at Kanu's record without distinguishing who in Kanu was responsible for what crimes, then we may even allocate Argwings Kodhek, Jaramogi, Pio Pinto Ghama, Kaggia, JM, Mboya, et cetera "crimes" they might have only committed by belonging to Kanu. But that would not just be unfair, unjust and completely unhistorical, it would be WRONG. There is no guilt by association. Histirical records are crystal clear on the responsibilities, crimes and weaknesses of all those involved. With all due respect to Kamau, you should not condemn Jaramoji to perpetual hell fire merely because he was one of the original founders of Kanu.

Similarly, while I feel Abdulmote's pain, we should be careful not ton blame the SYMBOLS, for, as Abdlmote correctly says, they are but SYMBOLS. So, how could these symbols have committed all the CRIMES we have correctly implicated Kanu/Kenyatta/Moi and Kibaki in?

Peoples' cultures, traditions, histories and symbols do not lose meaning or reverence merely because they have been ABUSED by despots. If this were to be the case my dear brother Abdulmote, we should be running away from and condemning every single symbol we have ever known as a people. This would include even condemning ourselves. Granted, lots of Kenyans have made terrible mistakes. More mistakes will continue to be made by Kenyans; just like all other people continue making mistakes. That is to be human. All we require to do is learn from those mistakes, avoid repeating them and collectively and positively uplift our country and people. But we cannot succeed in doing these if we do not respect our cultures; if we fail to correctly interpret our histories; if we fail to learn from our history and if we fail to reconnect with our national cultures. A people without a culture and history are empty vessels with no meaning and without any prospects of postive progress. Yet, without our cultural symbols, our cultures become empty. Is this what we want? Is this desirable? If this the solution to past dictatorships, my brothers?

In don't know. I guess, we all have our priorities and commitments upside down.

Anyway, I thank all of you for the wonderful thoughts. Please keep them coming.

[unedited]
-Miguna-

[miguna]

Thursday, January 05, 2006

POLITICS

Finger salute and cockerel are Kanu's, states Kivutha

Story by NATION Reporters
Publication Date: 1/5/2006

Kanu should be allowed to continue using its symbols – the cockerel, party colours and one finger salute – a Cabinet minister said yesterday.

Environment minister Kivutha Kibwana said it was "unfair and illegal" to register the symbols under a splinter group.

But a key member of the Kanu faction allied to Keiyo South MP Nicholas Biwott accused the Kanu leadership of taking for granted the ownership of their defining symbols.

Dr Amukowa Anangwe told Kanu leaders to seek alternatives. "They should go and read the laws on copyright, intellectual property and patents," he said.

He admitted to being a supporter of the newly registered New Kanu Alliance Party of Kenya which has claimed the symbols as its own.

Dr Anangwe said the new party had taken over the use of Kanu symbols.

But Electoral Commission of Kenya vice-chairman Gabriel Mukele said the matter had not reached them. He said registration of parties rested with the registrar of societies.

"We will look at it when it comes to registering of party symbols," he said.

New Kanu Alliance Party secretary-general Mugambi Imanyara had earlier said there was nothing sinister in the registration.

But Prof Kibwana said: "We all know since independence Kanu had a one finger salute and the cockerel as its symbols. The political reality is that those were symbols for Kanu."

He also said a law should be enacted to check individuals who register political parties so that they could sell them.

"There should be a law that says political parties that are sold should be deregistered," Prof Kibwana added.

[miguna]

NEWS ANALYSIS

Mixed signals as Kanu, ODM fight copycats

Story by OSCAR OBONYO
Publication Date: 1/8/2006

First it was the Orange Democratic Movement, then came the official Opposition party Kanu – all political organs opposed to the Kibaki Government. Is the recent registration of copycat parties a Government diversionary tactic to stiffle opposition from the two political forces or is it just the work of politically ambitious individuals?

Whichever way one looks at it, it is difficult not to read political mischief either on the part of the Government, political rival groups or opportunistic individuals considering the near similarity of the names registered by the new outfits and those of existing ones.

Kanu's case is perhaps most intriguing going by the glaring irony of the so-called "old Kanu" and "new Kanu" reflected in the party's leadership.

In fact, it is the old Kanu, comprising youthful politicians – Mr Uhuru Kenyatta, Mr William Ruto, Mr Charles Keter and Mr Nick Salat – that deserves to be referred to as new. But, ironically, it is the outfit comprising the old guard – Mr Nicholas Biwott, Mr James Njiru, Dr Amukowa Anangwe and Dr William Odongo Omamo – that calls itself new Kanu.

That the New Kanu Alliance Party is allied to the Biwott faction is not in doubt following his secretary general, Dr Anangwe's admission that they were "duly associated" with its registration.

It is not also lost to many that the new party's secretary general, Mr Mugambi Imanyara, is in fact the lawyer of Mr Biwott's Kanu splinter group. Now, this is the group that retired President Daniel arap Moi indirectly refers to as "enemies of Kanu" – very weighty words that must have send shivers down the spine of Mr Biwott and his men.

For the former party chief and Head of State to use such a strong word as an "enemy" against Mr Biwott – his long-time political ally – must have created a very worrying situation for the former powerful minister.

That Mr Moi issued a specific hard-hitting Press statement on this subject from his Kabarak home in Nakuru must be a manifestation that the situation is indeed serious.

Since his retirement, the former President hardly issues statements on a wide range of national issues. One of the last key statements he issued was in October last year when he declared his rejection for the proposed new Constitution.

"The detractors trying to confuse you must be defeated. They are trying to test your intelligence. Show them that you can see through their cheap tricks," Mr Moi said in the statement following the registration of the new party.

Except for Kanu secretary general, Mr Ruto who has reacted angrily to the registration of the new party, other senior party officials including the chairman, Mr Kenyatta, vice chairman Mr Chris Okemo and the deputy leader of official opposition, Dr Bonaya Godana, have not said much.

Mr Ruto's reaction is understandable considering that the Keiyo South MP's political machinations may interest him in a rather personal way. In fact, political pundits believe the Kanu wars mainly revolve around the Rift Valley political base, where the party enjoys its largest following.

If this be the case, then the Biwott group's thirst for a new party is based on the need to inherit the populous Kalenjin vote and be the community's political torch bearer. The scramble for the role has particularly intensified following an apparent vacuum left by the retired President.

Meanwhile, Mr Imanyara denies that the Government has played a hand in the new party's registration. He maintains that there was nothing sinister in the registration, adding that the new officials had applied to take party symbols – the cockerel, party colours and one finger salute.

However, in a recent newspaper commentary, Miguna Miguna, a Kenyan lawyer practising in Toronto, Canada, equates the registration of new Kanu to an act of "fencing-off and nyakuaring (grabbing) the party in the same fashion that millions of hectares of public land have been unscrupulously acquired by "politically well-connected" individuals.

"We must concede that this man is a first class weasel. He may even qualify for a citation at the Nobel Committee for distinguished political-pocketing," he says of Mr Imanyara.

At the centre of the unfolding drama is Kanu's Nominated MP, Mr Mutula Kilonzo, who doubles up as the party's and ODM's lawyer. And now he is confronted with a double task of winning back the identity of both Kanu and ODM from the copycat registrations.

Registration of the latter as a political party by little-known individuals who are not related to the movement that spearheaded the No-campaign during the referendum campaigns, was perceived by many as the only prudent option of puncturing the group's fast rolling political tyre, thereby slowing down its pace.

Yet still, the scheme – if directed at ODM and Kanu – could turn out to be counter-productive considering its simultaneous execution. Such a move is likely to box the two into the same corner compelling them to combine efforts against a common enemy – the Government.

Reacting to the development, a shocked Mr Kilonzo said the team had reserved the name with the Registrar of Societies as it prepared to register ODM as a political party.

The Orange politicians mainly from the Liberal Democratic Party and Kanu threatened to move to court to strike out the names of the three individuals who registered the party with Mr Kilonzo maintaining that he was in possession of a "duly signed and stamped" letter from the registrar confirming the reservation of the ODM name.

"You must know to whom the brand name ODM belongs. You therefore cannot register it to other people," he added directing his sentiments at the registrar.

Mr John Miriti Mbarire, Mr Joseph Bunei and Ms Wangui Murigi serving as party chairman, treasurer and secretary respectively, formally registered the party shortly before Christmas last year, effectively blocking the original Orange team from using the name.

Apart from taking the battle to court, ODM leaders have few other alternatives open to them. One of them is buying the party from its current office bearers. However, this option is bound to be tricky considering that the said officials are unknown to the ODM team and hail from a region that is inclined more on their political rivals.

One of the movement's leaders, Mr Odinga who has previously taken over dormant political outfits – the National Development Party and LDP – has had to contend with seemingly unending public financial demands from party owners.

Even after believably being paid off, some of the original officials kept hounding its new owners, calling press conferences and laying ugly claims bordering on finances, unfulfilled promises and even the character of the "buying" politicians.

It is unlikely that ODM leaders would want to take such a risk with "strangers" as this could lead to their names being dragged in mud. The registered trio might just be glad to grab the opportunity to present an even uglier scenario not to mention creating a last minute legal hurdle that may well frustrate ODM's leadership at election time.

However, one cannot rule out the hand of the Government in the current machinations. The timing and speed at which the deputy registrar of societies, Ms Lucy Waithaka, has issued out certificates to the new copycat outfits is quite suspect.

The Kanu saga, in particular, climaxed at a time when its officials were engrossed in the referendum campaigns – a possible pointer to the fact that the move may have been deliberately orchestrated by the powers that be.

"The registrations were aimed at derailing the spirit of the Orange team. The original ODM has the goodwill of Kenyans and losing its name would not reduce their popularity among Kenyans," claims Mr Ruto.

Government officials have, however, categorically denied involvement in the ODM and Kanu woes. But accusing fingers have been pointed at MPs allied to NAK specifically Kabete MP and leader of Safina Party, Mr Paul Muite for working behind the scenes to register ODM and New Kanu parties.

"I have nothing to do with the ODM fiasco given that I have my own political party. I am sorry that Musila (who accused him of the plot) is giving me undue credit for what I have not done," said the MP urging ODM to quietly sort out their own problem.

The circus involving ODM and Kanu is similar to the dilemma that the original Ford party was confronted with in 1992. Torn between two factions, one led by Mr Kenneth Matiba and the late Jaramogi Oginga Odinga, the party split into two groups of Ford Asili and Ford Kenya. Mr Muite served as Mr Odinga's deputy.

And similar to the Kanu case, the then registrar of societies, Mr Omondi Mbago, moved swiftly to issue certificates of registration to the two splinter groups effectively diminishing the opposition's quest of wresting power from Mr Moi.

Probably well aware of the enormous advantage the State has over the registration exercise, ODM and Kanu leaders are not very enthusiastic about contesting the copycat registrations. A party, they argue, is the people behind it and not its name.

"ODM is our own movement and every Kenyan knows that too well. But if some strangers think that they can succeed politically by grabbing the name from us, then they can go ahead and do it. Such an action will not kill the movement as we shall move on to another acceptable political party," says Mr Musila.

Mr Ruto also speaks of the need for LDP and Kanu to strategise over a new name to keep the axis popular and strong ahead of the 2007 elections.

"We shall not waste our time contesting the matter in court because those behind the registration will still manipulate the legal process," he says.

The biggest concern, though, is the fate of Kanu, the political party that spearheaded the independence war against the colonial government in the late 1950s and early 1960s.

Although currently out of power, the party whose 40-year-old rule was ended by the Narc Government in 2002, still holds a major historical value in the country's politics.

Says Miguna: "Kanu symbols cannot be treated as mere artefacts for sale. Regardless of our own idiosyncratic or political differences with Kanu at the moment, we must recognise the fact that these symbols are part of our heritage."

The Canada-based lawyer argues that the symbol meant bloodshed and that independence from colonial rule was obtained through a bloody liberation struggle.

The Kanu debate has also attracted sentiments from Environment minister, Prof Kivutha Kibwana who observes that the party should be allowed to retain its symbols – the cockerel, party colours and one finger salute.

Noting that it is "unfair and illegal" to register the symbols under a splinter group, the minister, a constitutional lawyer, states that it is a "historical shame" to trade in the party's identity as "Kanu has been associated with these symbols since independence".

The late Mzee Jomo Kenyatta was the country's first President and Kanu leader at independence. He left behind a strong party which his successor, Mr Moi, solidified further before handing it back to the Kenyatta family. It will be a sad twist of fate if the party comes to its knees under the leadership of Mzee's own son, Uhuru, the leader of Official Opposition.

[miguna]

POLITICS

Legal tussle for Kanu symbols begins today

Story by MARK AGUTU
Publication Date: 1/16/2006
The much anticipated legal battle for Kanu's symbols will begin in earnest today.

Lawyers for the former ruling party Kanu confirmed that they were moving to court to challenge the acquisition of the party cockerel and one-finger salute symbols and the party colours by the New Kanu Alliance.

Lawyer Katwa Kigen was, however, tight-lipped on the exact application they will be making at the High Court in regard to the dispute.

Leaders of the former ruling party had hinted that they would not only demand back the symbols, but challenge the registration of the New Kanu Alliance.

The most likely route for the former ruling party is the Constitutional Court, where the party could seek a judicial review of the action by the Registrar of Societies in listing the new party.

In a judicial review, an applicant seeks, among other things, orders quashing the decision of a statutory body or office.

Two weeks ago, Kanu officially objected to the registration of party symbols by New Kanu Alliance Party of Kenya by writing to the authorities protesting at the take-over.

The lawyers – Mr Kigen and William Kemboy – wrote to the Registrar of Trade Marks on Friday, objecting to the registration of the party symbols.

They also asked for copies of all the documents used by the new party in their application for registration.

"If we succeed with an injunction against the registration of the new party, then the battle will be won because they will have no legal basis to take over the trade marks," said Mr Kigen.

The New Kanu has applied for the registration of the symbols under the Trade Marks Act Cap 506. They include a rooster; the emblem composed of a spear, shield and axe; the red, green and black colours of the flag; and the one-finger salute.

But Kanu claims that under the law, trade marks can only be registered for businesses and not by political parties and that the new party has no commercial engagements.

Messrs Kigen and Kemboy said they had secured the registration of the symbols in the party constitution and manifesto.

The lawyers say the Kanu symbols had also been legally recognised by other State institutions, including the Electoral Commission of Kenya and the Registrar of Societies.

Kanu secretary-general William Ruto has previously said that the decision by the registrar to give the New Kanu Alliance legal existence was meant to confuse his party and distract it from carrying out its duties as the Official Opposition.

"It was meant to confuse our members, create acrimony and stop Kanu from performing its constitutional duties. That is sufficient reason to seek the deregistration of the new party, which we now instruct our lawyers to do," he said at Parliament Buildings.

The decision by the new party to apply for exclusive use of the cockerel, one-finger salute, the flag and the Kanu acronym was in bad faith, he said.

But New Kanu secretary-general Mugambi Imanyara said it was within his party's right as a splinter of Kanu to register the symbols and colours.

[politicalmaniac]

I thank Miguna and abdulmote (and others) for the detailed info on the cultural heritage of the symbology of the political symbols.

I thinking its pitiful that a person can wish Jaramogi when ill with such vitriol that reminds one one of NAZISM, WHITE RACISM AND HUTUISM when the fella didnt even rule or form part of the fruling clique.

What crime did Jaramogi commit to justify such a negative reaction? why is that hatred caried over to the son? isnt this a fine example of knee jerk tribalism? why is that commentary devoid of any condemnation of the sloth in chief Kibaki?

Facts are facts. Kenyatta planted the seeds of tribalism. Moi watered the same tree. What role did Jaramogi play? nada!!

Did you just ask what role did Kibaki play in festering that vice? you dumb ahssss foool. isnt it self evident?

Instead of researching and trying to find out the meaning of the symbology behind the KANU markings he finds time to indulge in baseless tribalistic and personalistic attacks based one ones hatred for the political symbology of a peoples representative.

Thankfully we all know the contributions of Jaramogi as evidenced by historical facts that are undisputed.

We are also aware of what my grandfather Masinde did too !!