By Gakuu Mathenge
Kenyans must keep their eyes on the ball lest reactionary forces hijack and abort the dream for a national renewal.
This is informed by painful experiences of many false starts, and failed expectations since independence.
Founding President Jomo Kenyatta electrified ecstatic crowds at independence with his trademark "Harambee! Uhuru na Kazi!"
On assuming office in 1978, retired President Daniel Moi calmed a nervous nation with pledges to foster peace, love and unity, while Kibaki’s 2003 rallying call about "a working nation" nearly ended in a civil war in 2008.
Nicholo Machiavelli warned about reforms upsetting status quo: "The innovator has for enemies all those who derived advantages from the old order of things, whilst those who expect to be benefited by the new institutions will be but lukewarm defenders…"
Reactionary forces have stalked the reform at every turn.
After shaking off 68 years of predatory and cruel British colonial rule, Kenyans were ecstatic at independence. Uhuru brought majority self rule, pride and dignity of having own flag, and an end to racial and colonial subjugation.
However, three years after independence nationalist Pio Gama Pinto was killed through an assassin’s bullet, second vice president and towering nationalist Jaramogi Oginga Odinga, and, Bildad Kaggia and others were blacklisted.
Soon after being appointed to replace Oginga, second Vice President Joseph Murumbi resigned from Government citing ‘personal reasons’. Some interpreted this as threats to his life by a cabal of elite political operatives that privatised the State from the word go.
Barely five years after independence, secretary general of ruling party and Cabinet Minister, Tom Mboya, was murdered in 1969.
Long before Mboya’s murder, in his Not Yet Uhuru (1967), Jaramogi pointed out the entry of shadowy forces of subversion and who, in his eyes, had hijacked the State soon after independence:
"Soon after Uhuru, several tendencies were taking place simultaneously. A group in the Cabinet, growing alarmed at the strength of the black bench and popular pressure, was resulting to caucus (kangaroo courts) forms of procedure and was excluding some of us in the Cabinet from decision-making. The party, as the expression of the will of the ordinary people, was not being allowed to function, and despite repeated requests by branches for the holding of a conference or new elections, head office stalled on this agenda…"
Parallel states within a State – also referred to as kitchen cabinets – have been so powerful as to subvert even genuine Government intentions.
In 1970, the Government invited the International Labour Organisation (ILO) to conduct a study on distribution of income generating opportunities in Kenya.
The resultant report was not flattering to Government. It exposed glaring inequalities across the country and urged redistribution of national resources and expenditure patterns to address the problem.
Jennifer Widners’s book, The Rise of Party State (1992), on recent political history says it took two years, and a motion in Parliament, to get the report out.
Moving the motion Bungoma East MP Elijah Mwangale memorably told Parliament: "I am moving this motion… because our experience in the past has been where there are strong sectional interests, it has been the practice of Government to refuse to bring sessional papers in this House. The Mau Mau uprising was about inequalities. The surprise is, 10 years after independence, the inequalities persist…"
Before he was murdered in 1975, Nyandarua politician JM Kariuki had been denied a licence to campaign in his own constituency by the Provincial Administration in the 1974 General Election, coupled by a media blackout by the national broadcaster, but was still elected.
To this day, impunity by politicians and lethargy by police make it impossible for their opponents to campaign in their strongholds, using police or administration to harass rivals, or hire private militia and goons to terrorise opponents and intimidate voters.
In the 2005 referendum, 2007 General Election, and the last referendum campaigns, some parts of Rift Valley, Nyanza and Nairobi slums were no go zones for some contestants, and police did nothing.
Ethnic alliances have also been a big threat to the Kenya dream of genuine reforms, posing a threat of holding the Government to ransom with promises of political support.
Two major tribal alliances – the so called Triple K featuring Kikuyu, Kamba and Kalenjin political leaders, and a new more formidable one Kikuyu-Luo alliance in the run up to 2012 —have emerged.
Although the priority agenda and problem for Kenya has been identified as poverty and unemployment, the alliances that have been floated have 2012 calculations as their rallying call. Little is said on Agenda Four reforms that the new Constitution was about.
"Wanjiku must be careful. While these alliances excite voters with promises of winning 2012 elections, people should question their agenda. Agenda Four is about land reforms, equity, ending corruption and impunity, historical injustices, addressing extreme poverty. Wanjiku must reject ethnic formations to preserve accumulated wealth, as opposed to strategic partnership to promote opportunities for all," former Nyeri Town MP, Mr Wanyiri Kihoro, said.
"Greed for power and tyranny of ethnic numbers can block emergence of genuine and well meaning leadership. Obama would never have become president had he relied on ethnic numbers. Wanjiku should not escort individuals to power to protect status quo. They must show commitment to addressing Agenda Four first," Mr Kihoro said.
Vice-President Kalonzo Musyoka said the he hoped Kenyan politics would shift to issue-based platforms, away from alliances that tended to scare minorities.
Lethargy and corruption in civil service could also pose grave dangers to implementation.
Kenya Private Sector Alliance (Kepsa) official Ibrahim Mwathane said civil servants may derail reform momentum if not checked.
"Critical land reforms are at risk if entrusted with cabal and networks responsible for the mess. Anxiety has set in because Ardhi House is yet to gazette guidelines and procedures to follow in surrender and replacement of old colonial titles that ceased as legal documents on Friday," he said.
Upon new laws coming into force on Friday, foreigners and private companies that owned freehold land in Kenya had their interests automatically quashed and their status was unknown.
Colonial title deeds with lease tenures of more than 99 years also elapsed and reverted to Government on Friday, according to the new Constitution.
Some title deeds granted by colonial Government had 999-year leases.
On the way forward Mr Mwathane, said:
"The Government should urgently publish and gazette guidelines, and provide open clear procedures for adjustments to new realities to avoid panic and corruption. This should have been done before Friday. Investors and banks holding affected titles as security need to be assured their concerns will be addressed urgently and efficiently," he said.
Centre For Multi-Party Democracy Board chairman, Prof Larry Gumbe, said the calibre of persons appointed to the implementation commission is key to ensure credible outcome.
"This time round we must avoid ethnic representatives in the name of provincial balance. We should go for skills, experience, integrity and leadership that inspires confidence, not negative sentiments," he said.
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