(Sky News)- Donald Trump will be one of only two presidents to serve two non-consecutive terms after his US election win this week, second only to Grover Cleveland, who did it in the 1800s.
It’s already a historic victory – but Mr Trump has made comments in the past hinting at a third term in office.
An amendment in the Constitution, which is the supreme law of the United States, prohibits anyone from serving for more than two terms.
But what has the incoming president said, how likely is he to pursue a third term in 2028 – and is it even possible?
Has a third term been done before?
Franklin Roosevelt served as US president four times from 1933 to 1945, because there was nothing in the original US Constitution which limited how many terms a president could serve.
But later the 22nd Amendment limited presidents to two four-year terms, irrespective of whether they were served consecutively or not.
Franklin Roosevelt during his third term as president in 1942. Pic: AP
Congress passed the 22nd Amendment two years after Roosevelt’s death and it took effect from the 1952 election, which Republican Dwight D. Eisenhower won over Democrat Adlai Stevenson.
No one has been able to serve more than two terms since.
What has Trump said?
It was in the lead-up to the 2020 election, which Mr Trump lost to Joe Biden, that he first started hinting at seeking a third term.
At a rally in August 2020, he told supporters he would win the next election and then possibly “go for another four years” because “they spied on my campaign,” an apparent nod to his unsubstantiated claims that Barack Obama had his “wires tapped” before he was elected in 2016.
According to Forbes, Mr Trump told another rally that if he were to win the 2020 election, he would “negotiate” a third term, adding he was “probably entitled to another four [years] after that” based on “the way we were treated”.
And in April 2024 he told Time magazine he “wouldn’t be in favour” of an extended term – but two vague comments he made in speeches this year have stoked rumours he could try it.
One was during a National Rifle Association speech, when he asked supporters if he would be considered “three-term or two-term” – though this appears to be in reference to his unsubstantiated claims that he should have won the 2020 election but that it was rigged against him.
Another came in July, when he told attendees at a conservative Christian event they wouldn’t “have to vote anymore” if he won the 2024 election, according to CBS News.
After repeatedly telling them to vote “just this time”, he added: “In four years, you don’t have to vote again. We’ll have it fixed so good, you’re not going to have to vote.”
Why Trump is unlikely to try it
John Fortier, senior research fellow at the American Enterprise Institute, says the comments from the Christian event have been taken out of context, and that Mr Trump was simply trying to “encourage the sometimes reluctant Christian community to vote in this election”.
“Trump in office would be able to address their concerns so much so that it would not matter if they chose to vote in future elections,” he explains.
“It was not an indication that Trump would cancel future elections or try to serve beyond his second term.”
Offering reasons why Mr Trump would likely not pursue an extra term, Mr Fortier points out that the president-elect has previously indicated he would not have run for office again in 2028 had he lost this election, adding he “expressed a kind of wistfulness about his final campaign for office”.
He also says Mr Trump’s age is a factor.
The 78-year-old, who is already the oldest person to be elected president, will be 82 by the end of his second term.
“And president Biden’s withdrawal is evidence that the American people are attuned to age-related decline and will look sceptically on octogenarian candidates for president,” Mr Fortier adds.
Could Trump do it if he wanted to?
It would be “virtually impossible”, according to retired Commonwealth Court judge Joseph Cosgrove.
He would have to amend the Constitution to do it, which Mr Cosgrove says is an “arduous task”.
“The usual method requires two-thirds of both the House and Senate to propose an amendment, which would then require three-fourths of the states to approve,” he explains.
“Given the extremely close political divisions in the United States, neither of these events is foreseeable. Even if the Republicans control both the House and Senate, their majority will be so slim that no revision of the 22nd Amendment could ever occur in this climate.”
Mr Fortier, who agreed with Mr Cosgrove’s points, says some legal scholars have suggested there are loopholes that could be exploited to get around the two-term limit.
“They argue that the 22nd Amendment prohibits someone from running for a third term [but] not from serving a third term,” he says.
“And by an ingenious trick, a term-limited president could be elected to the vice presidency or placed in the line of succession and then ascend to the presidency when those ahead of him in the line of succession resign.”
He adds that this theory, however, ignores a number of other amendments and other constitutional laws which indicate that a vice president or someone else in the line of succession “must meet the qualifications to become president”.
And Mr Trump, or someone else who has already served two terms as president, would not meet that criteria thanks to the 22nd Amendment.
As the world gears up for the Global Media Information Literacy Week, Kenya is at the forefront of embracing and promoting media information literacy (MIL). This annual event highlights the critical role of MIL in fostering informed citizens capable of navigating the complexities of today’s media landscape.
Media Information Literacy empowers individuals to access, analyze, evaluate, and create media content. In a digital age where misinformation can spread rapidly, the ability to discern credible information from falsehoods is essential for safeguarding democracy and promoting social cohesion.
In Kenya, various initiatives are aligned with the global celebrations. The Kenya National Commission for UNESCO has rolled out a series of workshops and seminars focusing on MIL, targeting schools, universities, and community organizations. These programs aim to equip young Kenyans with essential skills to critically engage with media content, emphasizing the importance of verifying sources and understanding media bias.
In Nairobi, the “Media Literacy in Schools” program, spearheaded by the Kenya Media Council, has made significant strides. Schools across the capital are incorporating MIL into their curricula, with interactive sessions designed to teach students how to identify fake news, understand the ethical responsibilities of media, and engage in constructive discussions about media consumption.
One notable example of grassroots efforts is the work being done by the “Media for Development” organization in Kisumu. Through community workshops, they have empowered local youth to create their own media content, fostering both creativity and critical thinking. Participants learn not only how to produce content but also how to fact-check and ensure their messages are responsible and truthful.
As technology continues to advance, so do the strategies for promoting MIL. With the proliferation of smartphones, organizations are leveraging mobile apps and social media platforms to reach a broader audience. The “Fact-Check Kenya” initiative has developed a user-friendly app that allows individuals to verify information at their fingertips, encouraging responsible sharing and reducing the spread of misinformation.
Partnerships between the government, NGOs, and tech companies are crucial in this effort. The Kenyan government’s Digital Literacy Program aims to provide training and access to technology for students in underserved areas, ensuring that all young people have the opportunity to engage with media responsibly.
As Global Media Information Literacy Week approaches, it is an opportune moment to reflect on the progress made and the challenges that remain. The ongoing efforts in Kenya exemplify a commitment to nurturing an informed citizenry. However, continuous investment in education, community engagement, and technological resources will be essential to sustain this momentum.
With the right tools and knowledge, Kenya’s youth can become adept navigators of the media landscape, ensuring that they not only consume information but also contribute positively to society. As we celebrate this week, let us reaffirm our commitment to fostering media information literacy for all, paving the way for a more informed and responsible future.
In conclusion, as Kenya prepares to join the global dialogue on media information literacy, local initiatives demonstrate a vibrant commitment to educating and empowering youth. Through collaborative efforts and innovative approaches, the nation is making significant strides toward a media-literate society—an endeavor that is more crucial now than ever.
In an age dominated by rapid technological advancements and an overwhelming influx of information, the importance of Media Information Literacy (MIL) has never been more pronounced. In Kenya, this trend is reshaping how young people engage with media, empowering them to navigate the complexities of the digital landscape.
Media Information Literacy encompasses the skills necessary to access, analyze, evaluate, and create media content. As misinformation spreads rapidly across platforms like WhatsApp and Facebook, fostering a critical understanding of media becomes essential for informed citizenship.
Organizations across Kenya are championing MIL education. For instance, the Kenya National Library Service has launched programs aimed at teaching youth how to discern credible sources from fake news. Workshops held in major cities like Nairobi and Kisumu equip participants with tools to critically assess information, fostering a generation of discerning media consumers.
In addition, the Media Council of Kenya has been instrumental in promoting media ethics and literacy through campaigns that reach schools and community centers. Their recent initiative, “Trust in News,” aims to combat misinformation by educating students on recognizing reliable news sources.
Consider the 2022 elections in Kenya. Social media platforms became battlegrounds for information—both accurate and misleading. Young people, particularly first-time voters, were inundated with content that shaped their perceptions of candidates. Those equipped with MIL skills were better able to sift through propaganda, ultimately making more informed choices at the ballot box.
One such young voter, Jane Wambui from Eldoret, shared her experience. “Thanks to the workshops I attended, I learned to verify news before sharing it. It helped me understand the issues better and make a choice I felt confident about,” she explained.
The digital divide still poses challenges, with access to technology uneven across regions. However, initiatives like the Digital Literacy Programme by the Kenyan government aim to bridge this gap. By providing access to devices and training, the program enhances the capacity of youths in rural areas to engage with media responsibly.
Furthermore, collaborations between NGOs, educational institutions, and tech companies are pivotal. Organizations such as Ushahidi, known for its role in crisis mapping, are leveraging technology to develop platforms that promote fact-checking and credible reporting. Their tools enable users to report misinformation and access verified content, fostering a culture of accountability.
As Kenya continues to evolve digitally, the need for robust Media Information Literacy initiatives will grow. Educational reforms integrating MIL into the curriculum can prepare future generations to face media challenges head-on. By fostering critical thinking and responsible media consumption, Kenya can cultivate an informed citizenry capable of engaging thoughtfully in democratic processes.
In conclusion, as misinformation looms large, the emphasis on Media Information Literacy is vital for the empowerment of Kenya’s youth. Through local initiatives and community engagement, we can ensure that the next generation is not only consumers of information but also responsible and informed participants in the media landscape.
For the close to four decades he’s graced public life, David Mwangi Ndii has flown close to the sun, exuding unmistakable intellectual arrogance but also lending the best of his brains to the service of the country.
The Oxford-trained economist has made zero attempts to be modest on his achievements, has not suffered fools gladly, and is lately- at the peak of his public life- goading over critics of President William Ruto’s administration.
Like Mutahi Ngunyi in the previous administration, Ndii now occupies a central place in the present kitchen cabinet, serving as the head of the President’s Council of Economic Advisors.
Birds of the same feather, both men, through their brains, mouths, and wild ideas, talked their way to the center of power.
In the early 90’s, Ndii alongside Prof Anyang Nyong’o founded the Institute of Economic Affairs, the first of its kind as a think-tank. Together, they began to build castles in the air, as the ruling KANU and a split opposition squared it out in the rough and tumble of practical politics.
Of those days, he was described by his comrade John Githongo as “a person of tremendous intellect and moral clarity.” “That combination makes him very profound,” Githongo once said.
It was during that period that the seminal work- Blueprint for a New Kenya: Post-Election Action Program (PEAP’94) developed by IEA with the support of the Friedrich Naumann Foundation, was produced.
Partly due to this paper, and other work the organization was undertaking together with Ndii’s group, empowering opposition groups, FNF’s regional director Dorothee von Brentano was expelled from the country.
Together with its sequel; “Our Problems, Our Solutions” of 1998, “Crossroads: Scenarios for our Future,” PEAP’94, through Ndii, weaved its way into NARC’s Economic Recovery Strategy (ERS) of 2003, and much later into Vision 2030.
Thus, and long before his present role, Ndii had been one of the country’s most consequential economists, political players, and the “public intellectual” he fancies himself to be.
Great commentator
However, in that glorious past, Ndii was always swimming in the fringes. He outclassed all in public commentary, in text, audio and video. He wrote many newspaper columns and participated in countless interviews.
His original forays into NARC administration through Nyong’o were, to a large extent short-lived. No sooner had they begun to implement ERS than NARC imploded from within, and Ndii’s group found itself back in the trenches.
He would spend the next decade in local and international consultancies, civil society and occasionally rousing up controversy with his writings. It is during this period that he firmed up his brand of politics, the one he called “politics without romance.”
In this article, Ndii proposed the splitting up of Kenya into four nations, Coast, Somali, Luo, and Mt Kenya nations: “Kenya is for the most part an abusive relationship. It is about time we start talking about ending it. This ought not to be a difficult conversation.”
Just when Ndii was giving up on Kenya, he teamed up with his old comrades to give structure and vision to Raila Odinga’s fourth bid for presidency in 2017. Despite a lot of hubris and fire in the belly of the NASA juggernaut, Uhuru Kenyatta was declared the winner and Ndii’s group was shattered once more.
Not even the Supreme Court’s invalidation of Uhuru’s win could help their lot, as Raila boycotted the repeat poll, handing Jubilee an easy win. A turbulent period ensued, during which Raila was sworn in as the people’s president before he bolted and cut a “handshake” deal with Uhuru.
With the handshake, Ndii and his band of loyalists were left hanging precariously to a lost dream, and with police cases to deal with. Ndii began to slowly but strategically walk away.
He initially found succour in a phantom movement which went by the name Linda Katiba, whose stated purpose was to protect the constitution but which turned out to have been holding brief for his next stop of political wanderings.
Linda Katiba
Then Deputy President William Ruto became the biggest beneficiary of Linda Katiba when they successfully stopped the Building Bridges Initiative (BBI) of amending the constitution, spearheaded by his opponents President Uhuru Kenyatta and Ndii’s erstwhile ally, Raila.
When David Ndii as NASA strategist addressed a press conference over the 2017 disputed presidential results.
“Linda Katiba’s colleagues knew I was in Ruto’s team. I mooted the collaboration at a civil society meeting hosted by the Kenya Human Rights Commission. Martha Karua and I consulted with Ruto in Karen on at least two occasions, I remember,” Ndii confessed on May 12 this year.
Plucked by Ruto from civil society to craft Kenya Kwanza’s “The Plan” and to offer intellectual succour to the then fledgling “bottom-up” manifesto, Ndii took the assignment with gusto, perhaps seeing a grand opportunity to bounce back.
“I had never met him until three years ago, we had spoken on the phone a couple of times, but we had never met,” Ndii told a Universal Health Coverage collaborative meeting a few weeks ago.
Fast forward, Ruto won the election, and Ndii took his rightful place at the State House as the head of the CEA. The colours of Ndii began to change, dramatically. The Ndii of government and Ndii the public intellectual turned out to be totally different personas.
The Ndii of government discarded the public intellectual garb and embraced all the practical realities, including evils, of running a base government. He began to easily countenance graft, waste, and impunity.
“The first obligation of a government is political survival and political stability. The more the dynasties foment destabilization the more we will have to spend on political capital,” he wrote on X.
Perched at the centre of power, Ndii now began to see the government as a necessary evil. At its core, he’s said, is a co-existence pact that occasionally breaks down into orgies of violence.
“The rest is frills and fanciful romance,” he says.
Day by day, he began to grow more and more impatient with those who raised a voice against Ruto’s policies, something he did for many years against Moi, Kibaki and Uhuru.
“Go drying,” “githeri media”, “empty-head”, “imbecile”, and “warthog” suddenly became his responsorial terms to critics. The opposition he played for, suddenly became child play.
When Senator Ledama Ole Kina attempted to challenge him on alleged congestion in the port of Mombasa, he dismissed his views as “cattle-herding logic”, reminding him ports are not cattle bomas.
“Grin and bear it,” he told Waikwa Wanyoike when he demanded a legal framework to guide and circumscribe the mandate of the Office of the First Lady Rachel Ruto.
He began to feel nothing about the Judiciary and its activism, which he said only breeds more corruption and diminished judicial authority. Between an order to stop by the Chief Justice of Kenya Martha Koome, and a police constable, Ndii would only, promptly obey the latter.
Political hecklers
His pro-NASA views on overtaxing a comatose economy evaporated in the thin air. He now claimed those views were in the context of Covid era, and that markets have since opened.
“That popping sound you hear is Azimio bubble bursting,” he would occasionally take a break to throw a jibe.
He now could not debate “youth wingers” and “hecklers” who were in diapers when he was debating their fathers.
“The political debate in the country is, to a very considerable extent, about my ideas. The thought of sharing a platform with political hecklers is hilarious,” he wrote on X.
More and more, he took greater pride in himself as the sculptor of Bottom Up philosophy which he placed beside the two other consequential ideas of independent Kenya; African Socialism of 1965 and Second Liberation of the early 90’s.
He defended the political reward system against professional cadres, saying that prioritizing the cadres over those who sacrificed for Kenya Kwanza is to live in a fool’s paradise.
There is no better season to study the new Ndii than the run-up to the Gen Z protests and their aftermath. He openly relished in the “political impotence of the chattering classes”, and called the protesters “digital wanks”, mocking the protesters as “cool kids”.
“Politics is a contact sport. Digital activism is just wanking. Any jackass can kick down a barn but it takes a good carpenter to build one,” he wrote on June 14.
Unarguably, Ndii’s rhetoric at this time spewed from the comfort of his State House office, added fuel to the fire of the protesters who are avid consumers of social media.
He was unapologetic, unrepentant. When Gen Zs set about to “greet” public figures, he described them as “children of the plunderers who have bankrupted the state” and the “corruption cartels I have been battling since before they were born.”
And when he saw his old comrades trying to lend a hand to the protesters, he called them out:
“Willy, our time in the trenches is up. We fought for a new political dispensation. We achieved it. You may not like the people in power benefiting from your struggle but who Kenyans choose is not your call.”
He railed the former Chief Justice for missing the turning point and asked him to come to terms with it. On the day protesters flattened the Parliament fence, Ndii was flattening people on X, calling them warthogs.
Yet, the Bill which had caused the ruckus was, by and large, his brainchild, together with his team of economic advisors. The man who paid the ultimate price for it, Prof Njuguna Ndung’u the Finance CS, was simply the face of it.
The team had been getting away with everything since they were appointed. The Finance Bill of 2023 had equally been unpopular but they had managed to have it passed. The dropping of the subsidies program too.
Consolidating power
Caught flatfooted by the intensity of the protests, the president admitted he could have listened more to what the people were saying. But Ndii and people around the presidency insisted that these were no ordinary protests, a position the president slowly adopted.
“Leaderlessness opened the youth peaceful Finance Bill protest, which I support, to infiltration by delusional anarchists. I speak from experience. I am a veteran of the streets,” he tweeted.
In the aftermath of the protests, Ndii took every chance to mock them, describing them as rudderless, tactless and clueless. On August 18, he gloated that Ruto had pulled the rug from under the feet of the protesters, and was now consolidating his political power.
The Ndii in government has made it clear that it is no longer his work to fight corruption in government. Long before Kenya Kkwanza won, he put the country on notice that they were not running on an anti-corruption platform.
Much later when in government, he declared that he had long paid his dues on matters fighting corruption through his stellar work at Transparency International. And this while corruption was throbbing in government.
“I am not your watchdog. Do your work!”
And as murmurs filtered through on what appeared to be a serious conflict of interest, and possibly corruption relating to the Adani Group web on interest in the Kenyan economy, Ndii rubbed it further:
“Let me restate: We will leave Kenya as corrupt as we found it. On this Sunday, I suggest you contemplate your own life and leave the other sinners to contemplate theirs,” he wrote on September 15.
Despite all these, there is a consensus which appears to find favour with President Ruto, that the man knows his stuff. Very few people who know his history would begrudge his economics acumen or hold a candle to his intellect.
He had his fair share of time in the trenches and did an amazing job. Those who know also say his backroom work in stabilizing the economy after the odious borrowing spree of the previous administration is somewhat commendable.
British actress Maggie Smith, an award winning Shakespearian actress and double Oscar winner who later appeared in the Harry Potter films, has died aged 89, the BBC reported on Friday.
One of the few actors to win the treble of an Oscar (two), Emmy (four), and Tony, Smith’s long career started on the stage in the 1950s.
But for many younger fans in the 21st century, she was best-known as Professor McGonagall in all seven “Harry Potter” movies, and the Dowager Countess in the hit TV series and movie spin-offs of “Downton Abbey,” a role that seemed tailor-made for an actress known for purse-lipped asides and malicious cracks.
Her first Academy Award nomination was for her turn playing Desdemona opposite Laurence Olivier’s “Othello” in 1965, before winning the Oscar for her role as an Edinburgh schoolmistress in 1969’s “The Prime of Miss Jean Brodie.”
She won her second Oscar for her supporting role in the 1978 comedy “California Suite,” a performance that prompted co-star Michael Caine to say: “Maggie didn’t just steal the film, she committed grand larceny.”
Other critically acclaimed roles included Lady Bracknell in Wilde’s “The Importance of Being Earnest” on the West End stage, a 92-year-old bitterly fighting senility in Edward Albee’s play “Three Tall Women,” and her part in 2001 black comedy movie “Gosford Park.”
In 1990 Smith was knighted by Queen Elizabeth and became a Dame.
Africans face a high rejection rate for visas to enter the Schengen group of countries. The group is made up of 29 European countries that have officially abolished border controls at their mutual borders. A Schengen visa is an entry permit for non-EU nationals which would allow them to make a short, temporary visit of up to 90 days in the Schengen area.
In 2023, the Schengen states generated US$906 million from visa applications, of which US$145 million came from rejected visa applications. These refusals in 2023 cost African nationals US$61 million in application fees.
A recent report by the British migration consultancy Henley & Partners shows that African countries accounted for seven of the top ten countries with the highest Schengen visa rejection rates in 2022. The Conversation Africa’s Godfred Akoto Boafo asks migration scholar Mehari Taddele Maru, who contributed to the report, why rejection rates for Africans are so high.
Whose visa applications are rejected?
I analysed the EU’s data on visa applications between 2009 and 2023 and found a dramatic increase in the rate of rejection for Schengen visa applicants. In 2014, 18% of African visa applications were rejected, while the global rejection rate was 5%. By 2022, the rejection rate for African applicants had risen to 30%, and the global rate increased to 17.5%.
Of the top 10 countries with high Schengen visa rejection rates in 2022, seven were from Africa. Among these were Algeria, Guinea-Bissau, Nigeria and Ghana.
The increase in visa rejection rates is associated with the EU’s visa policy.
We also identified two key factors – income and passport power – that may explain why African applicants face higher Schengen visa rejection rates.
Rich countries with high income levels (measured by GDP and GNI) usually have stronger passports (as measured by Henley Passport Power, an index based on International Air Transport Authority data). This means their citizens can visit several countries without visas. A strong passport gives people mobility in search of economic opportunities.
In contrast, people from poorer countries (including most African nations) have weaker passports. This means their travel options are significantly reduced without visas.
We also uncovered a link between African countries’ low rankings in national income and passport power indices and higher rates of visa rejection.
Consequently, it is harder for Africans to travel as their visa applications are more likely to be rejected.
Why are visa applications rejected?
Officially, visa rejections are often attributed to doubts about an applicant’s intention to leave the destination country before the visa expires. According to European states, most rejections are based on reasonable doubts about the visa applicant’s intention to return home.
As provided under the EU Visa Code Handbook, the assessment of a visa applicant’s intention to return home is based on circumstantial evidence. Consular officers have broad powers of discretion to decide this. They consider three key factors through documentation:
the stability of the applicant’s socio-economic situation in their country of residence
proof of employment or business activities
family and community ties.
Supporting documents may include proof of financial means, property ownership, employment contracts, business records and travel arrangements. The most favourable visa candidates often demonstrate strong ties to their home country. This includes dependent family members staying behind or property ownership.
In my view this potentially allows discrimination based on nationality and geographical factors. In the Schengen visa regime, proof of intention to return home is often linked to the economic status of applicants and their nationality. With an elastic concept such as this, the Schengen visa regime allows immigration officials in the global south to filter visa applicants based on their economic conditions and country of origin. In my research, there is no evidence to suggest that a higher rejection rate leads to a decrease in irregular migration or visa overstays.
The findings highlight visa policies that disproportionately affect Africans seeking to visit Europe. They undermine the European Union’s stated commitment to strengthening partnerships with Africa.
What needs to change?
Europe’s poor efforts in improving legal mobility pathways for Africans have left many, including governments, disillusioned about migration cooperation between Africa and Europe. Despite promises of visa facilitation, family reunification and labour migration, progress remains elusive. The few legal avenues available mostly benefit skilled workers from within the European Union.
The European Union must reform its visa regime and expand legal migration pathways. But ultimately, the primary responsibility lies with African states. They must create an environment in which their citizens can thrive and prosper within the continent. This includes investing in economic development, job creation, education, healthcare and infrastructure.
African governments should ratify the 2018 African Union protocol on free movement of Africans within their continent. Six years after its adoption, only four countries have ratified the protocol: Mali, Niger, Rwanda, and São Tomé & Principe.
In contrast, the agreement establishing the African Continental Free Trade Area, which focuses on the movement of goods, services, and capital, has been in force since 2019, just a year after its adoption.
Reforming the Schengen group’s visa policies towards Africa goes beyond just migration management. It is about getting politics right in Europe. If Europe is serious about partnering with Africa and addressing its demand for labour, the benefits of expanding legal pathways for Africans far outweigh the costs.
Mehari Taddele Maru is a Professor at the European University Institute and Johns Hopkins University, European University Institute He was commissioned to write a chapter for the July 2024 Henley & Partners Global Report.
President William Ruto of Kenya nominated additional members to his Cabinet on 24th July 2024, including four members of the opposition Orange Democratic Movement (ODM), the four being, Deputy Leader of ODM, Wycliff Oaranya, Deputy Leader of ODM, Ali Hassan Joho, Ugunja constituency Member of Parliament, Opiyo Wandayi, and Nominated Member of Parliament, John Mbadi.
The lawfully and constitutionally recognised Kenya Government currently in place, is that of President William Ruto and his Kenya Kwanza Alliance. Any extraordinary alteration, or change, to the current Kenya Government, would require ratification in law.
For example, Kenya’s General Elections of 2007 were held on 27th December 2007. On 29th December 2007, what was then known as the Electoral Commission of Kenya (ECK), declared Mwai Kibaki the winner of the presidential election, a declaration that was immediately disputed by Raila Odinga and the Orange Democratic Movement (ODM).
Kenya almost went to civil war over the disputed presidential election of 27th December 2007, and towards resolving the dispute and averting the possibility of civil war, the then newly elected Kenya Parliament met in January 2008 to approve and endorse the formation of a committee of eminent persons, to oversee talks between Mwai Kibaki’s Party of National Unity (PNU) and Raila Odinga’s Orange Democratic Movement (ODM). What followed indeed, was the formation of a committee of eminent persons that was chaired by Dr. Kofi Annan, Secretary-General of the United Nations from 1997 to 2006.
Dr. Kofi Annan and his committee of eminent persons was able to resolve the dispute between Mwai Kibaki’s Party of National Unity (PNU) and Raila Odinga’s Orange Democratic Movement (ODM), resulting in the formation of a Government of National Unity in Kenya in February 2008.
Of key importance to note here is that the Dr. Kofi Annan and his committee of eminent persons derived their authority to resolve the dispute between Mwai Kibaki’s Party of National Unity (PNU) and Raila Odinga’s Orange Democratic Movement (ODM), from a law passed by the Kenya Parliament in January 2008.
Where did President William Ruto derive the authority to nominate four members of the opposition ODM to his Kenya Kwanza Alliance Government? Did all the political parties that constitute the Kenya Kwanza Alliance, hold Special General Meetings where the different party memberships endorsed and ratified the decision to include the Orange Democratic Movement (ODM) in the Kenya Kwanza Alliance Government? Were representatives of Kenya’s Registrar of Political Parties present at these different Special General Meetings to ensure that they were procedural and in line with the law?
Similarly, Raila Odinga’s Orange Democratic Movement (ODM) is part of a coalition of parties known as the Azimio la Umoja-One Kenya Alliance. Were similar Special General Meetings held by the parties that constitute the Azimio la Umoja-One Kenya Alliance, to approve the formation of a “Coalition Kenya Government” with the Kenya Kwanza Alliance? Were representatives from the Office of Kenya’s Registrar of Political Parties present, as observers, at these different Special General Meetings of the parties that make up the Azimio la Umoja-One Kenya Alliance?
President William Ruto himself, was declared President-elect of Kenya by the Independent Electoral and Boundaries Commission (IEBC) on 15th August 2022, following Kenya’s General Elections of 9th August 2022. William Ruto’s declaration as President-elect was challenged and a dispute lodged with the Supreme Court of Kenya, following which the Supreme Court of Kenya made a ruling on 5th September 2022 confirming the decision and declaration of the Independent Electoral and Boundaries Commission (IEBC) of 15th August 2022, and following which William Ruto was sworn-in as Kenya’s 5th President on 13th September 2022. This is the authority on which William Ruto is Kenya’s current President. Where is the authority on which President William Ruto nominated four members of the Orange Democratic Movement (ODM) to his Cabinet on 24th July 2024?
Another example related to the one above of the formation of a Government of National Unity in Kenya in February 2008, is that of the merger of the Kenya African National Union (KANU) and National Development Party (NDP) political parties in March 2002, at the auditorium of Kasarani Stadium, Nairobi, Kenya. The auditorium of Kasarani Staium was full to capacity with delegates from the Kenya African National Union (KANU) and National Development Party (NDP), including the top officials then of both parties, and including KANU Chairman and Kenya’s then President, Daniel T. arap Moi, and the then NDP leader, Raila Odinga.
President William Ruto, on 24th July 2024, should have announced his “Coalition Cabinet” in a similar environment and similar setting to that of the KANU-NDP merger of March 2002, in an environment and setting filled to capacity with delegates of the Kenya Kwanza Alliance, and delegates, not just of the Orange Democratic Movement (ODM), but of the Azimio la Umoja-One Kenya Alliance in it’s entirety. This was not the case on 24th July 2024.
A illegality of monumental proportions was committed in Kenya on 24th July 2024, a trangression of monumental proportions was committed in Kenya on 24th July 2024. No one can plead innocence in the matter, no can claim ignorance of the law.
When the Electoral Commission of Kenya (ECK) declared Mwai Kibaki President of Kenya on 29th December 2007, Raila Odinga of ODM termed the ECK declaration a “Civilian Coup,” and the announcement of a “Coalition Cabinet” in Kenya on 24th July 2024, was similarly a “Civilian Coup.” There are three arms of the Kenya Government, that is, the Executive, the Judiciary, and Parliament, who in the circumstances, are accessories before the fact, and after the fact, of what transpired in Kenya on 24th July 2024. An accessory before the fact, and after the fact, in law, is an individual, or individuals, who are party to a trangression.
Consequently, the Kenya Government, in it’s entirety, the entire Executive (including the 47 County Governments), the Judiciary, and Parliament, should immediately stand dissolved, for being party to a “Civilian Coup” in Kenya on 24th July 2024. All political parties in Kenya should also immediately stand resolved for failing to avert the “Civilian Coup” in Kenya of 24th July 2024.
Who will therefore govern Kenya in the absence of the three arms of the Kenya Government?
The Head of the Civil Service should immediately be declared Acting President of Kenya, for a period not shorter than two years, and not longer than three years, to enable continuity in Kenya, and to enable the reconstitution of the three arms of the Kenya Government, between the period 2024 and 2027.
The Kenyan Civil Service, and it’s Head, play a central role in the governance of Kenya. Four examples of this in Kenyan History, are:
(i). Geoffrey Karekia Kareithi (G.K. Kareithi), was Head of the Kenyan Civil Service when Kenya’s 1st President, Jomo Kenyatta, passed away at 3:30 a.m in the morning on Tuesday, 22nd August 1978. G.K. Kareithi did an excellent job in the coordination of a smooth transition of power from Jomo Kenyatta to Kenya’s then Vice President (Kenya’s then Deputy President), Daniel T. arap Moi, by amongst other things, tracing and notifying all Kenya Cabinet Ministers at the time, and arranging for an emergency Cabinet meeting, notifying all Provicial Commissioners (all Regional County Coordinators) of the time, and notifying all top security chiefs in Kenya of the time. Mind you, there were no cell phones, nor internet, in those days.
President Jomo Kenyatta passed away at State House, Mombasa, Kenya, at 3:30 a.m. in the morning on Tuesday, 22nd August 1978, and approximately twelve hours later at State House, Nairobi, Kenya, Kenya’s then Chief Justice, Sir James Wicks, swore-in Vice President Daniel T. arap Moi as Kenya’s Acting President.
What is one of the things, therefore, that history will remember Geoffrey Karekia Kareithi (G.K. Kareithi) for? G.K. Kareithi executed an excellent, smooth and peaceful transfer of power in Kenya on 22nd August 1978, G.K. Kareithi, effectively, was the “de facto” President of Kenya for a period of about twelve hours, between 3:30 a.m. in the morning on 22nd August 1978, and 3:00 p.m. in the afternooon on 22nd August 1978;
(ii). Simeon Nyachae, was the third Head of the Civil Service to serve under Kenya’s 2nd President, Daniel T. arap Moi, and it was during Simeon Nyachae’s tenure as Head of the Civil Service, that the high profile Sessional Paper No. 1 of 1986 (“District Focus for Rural Development”), was unveiled in the year 1986. Several development projects were launched across Kenya with the unveiling of Sessional Paper No. 1 of 1986 (“District Focus for Rural Development”).
It was Simeon Nyachae and his office that coordinated Sessional Paper No. 1 of 1986 (“District Focus for Rural Development”), elevating the stature, power and prestige of Simeon Nyachae and his office, to the point that Simeon Nyachae acquired the nickname “The Prime Minister”;
(iii). Kenya’s 3rd President, Mwai Kibaki, dissolved the Kenya Cabinet in November 2005, following the 2005 referendum on a new Kenya Constitution, which Mwai Kibaki, and his camp (“Banana”), lost to Raila Odinga and his camp (“Orange”). For the two weeks before a new Kenya Cabinet was constituted, Permanent Secretaries (Principal Secretaries), ran the Kenya Government. Permanent Secretaries (Principal Secretaries), report to the Head of the Civil Service.
Additionally, Francis Kimemia, was Head of the Civil Service during the transition of power from Kenya’s 3rd President, Mwai Kibaki, to Kenya’s 4th President, Uhuru Kenyatta, and Francis Kimemia, like G.K. Kareithi above, was notable during this transitional period of 4th March 2013 to 9th April 2013, as the “de facto” President of Kenya;
(iv). Kenya’s 5th President, William Ruto, dissolved his Cabinet on 11th July 2024, since when Permanent Secretaries (Principal Secretaries), have been running the Kenya Government. As mentioned, Permanent Secretaries (Principal Secretaries), report to the Head of the Civil Service.
So the three arms of the current Kenya Government, in their entirety, including President William Ruto, should be asked to immediately “stand down” for the “Civilian Coup” perpetrated in Kenya on 24th July 2024, and Kenya’s current Head of the Civil Service, Felix Koskei, should equally be immediately installed as Kenya’s Acting President for a period not shorter than two years, and not exceeding three years, for the purposes of continuity, and for the enabling of the reconstitution of the three arms of the Kenya Government, in the period between 2024 and 2027.
Many of the grievances of Kenya’s Gen-Z, young people who took to the streets in late June, have been palpable for years.
I witnessed these during field research as a social anthropologist studying land, livelihoods, urbanisation and electoral politics in Kiambu County, which borders Nairobi to the north and west. I spent nearly two years there between 2017 and 2022, most of it living with Kikuyu-speaking households which voted overwhelmingly for President William Ruto in 2022.
Based on my field research, it’s clear to me that the present cost-of-living crisis isn’t new. I witnessed poor families struggling to raise school fees and funds to build homes, regularly falling into destitution. In the years since the COVID-19 pandemic, economic fortunes have worsened and families have struggled to cover their basic food needs.
Since my fieldwork, I’ve remained in contact with a number of the people I met in Kiambu. They say life has got even harder for them in the years since 2017 when I began my research.
The Finance Bill, which Ruto has put on hold, was the trigger for the recent protests. But its roots run deeper.
The discontent playing out now was clearly expressed during the 2022 election. Ruto won partly due to a campaign that appealed to what he termed the “Hustler Nation” – ordinary workers.
His predecessor Uhuru Kenyatta’s Jubilee Party government had presided over several corruption scandals and questionable infrastructure projects. By 2022, the rising cost of living was dimming his legacy.
Highlighting the political pedigree of his opponent Raila Odinga and Odinga’s chief backer, Kenyatta, Ruto argued that wealthy families sought to dominate Kenya over generations. He accused them of practising “state capture” – manipulating public institutions to ensure their political survival.
As I argued in a paper published last year, Ruto’s campaign was characterised by a conversation about economic inequality between the country’s working poor and its political class. This was a break from the politics of ethno-nationalism.
Ruto’s electoral campaign awakened class politics in Kenya. But the president is discovering he cannot control it. He is picking up the bill being delivered by a generation of Kenyans who have known nothing in their young adult lives other than political graft and economic insecurity.
Precarious livelihoods
In my research I explored the the difficulties of joblessness and unemployment that Kiambu residents live with – their struggles to avoid poverty and access middle-class lifestyles on the edge of a growing Nairobi.
Kiambu is a place where Kenya’s rural inequalities and colonial history loom large. Families live on small plots of land next to enormous tea plantations belonging to business elites, and struggle for cash wages to stay afloat. Kiambu’s peri-urban poor have been described as a “working class with patches of land”.
It was in this context that I examined the simmering discontent that broke out during the 2022 elections. Voters began to question not only the economic terms of their lives, but their political histories and the dominance of entrenched elites.
Since 2017, I have seen some of my interlocutors become fathers, their personal responsibilities growing, their political commentaries sharpening. Greater pressure on their budgets from inflation has turned their anger towards high politics.
At 28 years old, Karis has known little in his adult life other than economic uncertainty and palpable political neglect. He works as a roofer, but on a casual basis. He often goes weeks and even months without work. He regularly takes loans to cover these fallow periods, before using his wages to cover debts upon payment. Supporting his wife and young son has become extremely difficult.
All of this encouraged him to vote for Ruto in 2022. But his situation has barely changed in the past two years, and he holds the president responsible. Like other young people from his town, he travelled to Nairobi to join the protests against Ruto’s government.
The Hustler Nation
Ruto’s 2022 election campaign oriented itself around stereotypical images of the informal sector worker, promising them relief and support in their everyday economic lives – a “bottom up” approach, a “wheelbarrow economics” based on investment in farming and small businesses through the government’s “Hustler Fund”.
But Ruto’s decisions in office have undermined his image as the “Hustler-in-Chief” of this movement of informal sector workers. The protests that have unfolded since June 2024 coalesce around the issue of taxes, earning the president the nickname “Zakayo”, “the tax collector”.
Under pressure from the International Monetary Fund to address Kenya’s reported US$80 billion national debt and “safeguard debt sustainability”, Ruto proposed new tax rises on basic household staples like bread and cooking oil.
Young Kenyans are questioning why Ruto is pushing the national debt burden onto citizens already struggling with higher commodity prices.
In 2023, scholars Basil Ibrahim and Kevin Donovan wrote:
For Kenya’s Streets To Erupt In Sustained Revolt, There Would Have To Be A Real Rupture Between The People And The Ruling Class.
For young Kenyans, that moment is at hand. They observe politicians’ lack of interest in their fates. The boundaries of ethnicity are less relevant to their political identities, sidelined by a deeper sense of injustice.
Instead of narratives about the “bogeyman” from the “other tribe”, they deal in tangible experiences and statistics. Cuts to the Youth Enterprise Development Fund form a stark contrast with US$6 million spent on new vehicles for the president and his deputies. The Financial Act has brought such issues of public spending to the fore as young Kenyans increasingly question the terms of a high politics that rarely works in their interests.
What next?
Whatever happens next, Ruto’s re-awakening of class identities has shifted the character of Kenya’s politics in ways even he could not have predicted.
Tethered to notions of generation – the Gen-Z, Millennial and Gen-X alliance taking on the gerontocrats of the establishment – economic issues look set to remain at the forefront of national politics.
What started as anger on TikTok about a controversial finance bill has morphed into a revolt – without being organised by political parties.
The government of President William Ruto has managed to do what generations of politicians in the East African nation have failed to do – unite huge numbers of Kenyans beyond ethnicity and party.
On Tuesday, hundreds of trainer-wearing protesters, who feel Kenyans are already overtaxed with little to show for it, braved tear gas lobbed by police to march through the capital, Nairobi, bringing the city’s central business district to a standstill.
Armed with their smartphones, they live-streamed the intense confrontations with officers.
The protests, dubbed “occupy parliament”, were co-ordinated and mobilised on social media in contrast to those led and sponsored by politicians.
Organisers encouraged fellow protesters to wear black clothes, but some still turned up in ripped jeans and stylish hairdos.
The youthful demonstrators, popularly referred to as Gen Zs – in reference to the term generally used to describe those born during the late 1990s and early 2000s – showed up in huge numbers, vowing to ensure that their discontent did not end with just a hashtag or meme.
“We are the Gen Zs, we were able to mobilise ourselves. We use TikTok as a space to be able to not only have young people come to protest but to educate them on the why,” protester Zaha Indimuli told journalists.
Many of them were demonstrating for the first time and waved signs such as “Do Not Force The Taxes On Us” , while others chanted: “Ruto must go”.
“I’m here slaving for a country I love. It is the first time I’m doing this because my parents are old and they cannot do it any more,” Ken Makilya, a 24-year-old university student, told the BBC.
The hashtags used to pressure MPs and rally protesters were “#OccupyParliament” and “#RejectFinanceBill2024”.
“This is my first demonstration. I hope it will be the last. I hope things change after this,” said Naserian Kasura, who opposed the proposal to tax sanitary pads.
The protesters’ efforts to march to parliament were thwarted as police used water cannon to block them.
“We have been arrested but don’t let them get to you please proceed to parliament,” Hanifa Farsafi, reportedly one of the organisers, posted on X, formerly Twitter.
More than 200 young protesters were arrested but some of them were later released after lawyers went to the police stations where they had been detained.
“I am not going, I am not co-operating, why are you arresting me?” one protester was heard saying in a viral video as she refused to board a police vehicle.
Those who did not make it to the streets helped spread the word by sharing messages, pictures and videos on social media.
As the protest lacked any clear leadership, the police have found it hard to target those behind it. They banned the march on a technicality though the protesters said all requirements had been met.
And unlike previous political anti-government protests, it was not characterised by looting, destruction of property and stone-throwing.
No political affiliations or ethnic alignments were mentioned – just a clear determination by the protesters to be heard.
Several hours after the demonstrators had mobilised, the presidency appeared to bow to the pressure and announced that it would scrap some of the bill’s most contentious provisions, including a proposed 16% value-added tax (VAT) on bread.
“We have listened to the view of Kenyans,” Kuria Kimani, the chairman of parliament’s finance committee, said at a press briefing attended by President Ruto and lawmakers in the ruling coalition.
Changes to the finance bill were driven by a “need to protect Kenyans from increased cost of living”, Mr Kimani added.
The government had earlier defended the tax hikes, which had been projected to raise $2.7bn (£2.1bn), saying they were needed to cut reliance on external borrowing.
Other proposed taxes that have been axed include ones on cooking oil, mobile money services and on motor vehicles, which critics said would have hit the insurance industry.
MPs are now debating the revised bill and are expected to vote on it next Tuesday.
The opposition, which did not participate in the demonstrations, wants the withdrawal of the entire bill, terming it “punitive”.
Another hashtag being used by the campaigners is “#unfollowRuto”, encouraging people to stop following the president on X in a bid to pressure him to drop the bill.
They have vowed to continue with the protests in Nairobi and other cities until the bill is dropped altogether
A few days ago, presidential adviser David Ndii had rudely dismissed online efforts that started on TikTok around two weeks ago, but following Tuesday’s show of strength he acknowledged their achievement.
Following the publication of the draft bill, TikTokers began making video explainers that were widely shared on other platforms like WhatsApp, Facebook, Instagram and X – that would trend for days helped by pushes from Kenyan influencers.
One tactic that has forced MPs to take notice is the list of their phone numbers that has been shared across social media with the message “SMS your MP”.
MP Stephen Mule told local media that his phone was spammed with more than 30,000 messages from young Kenyans asking him to reject the bill. Other legislators have also complained that their phones have become practically unusable because of the number of texts they were receiving.
Local media have also picked up the online conversations, amplifying the voices of protest and issues about the cost of living.
He obliged, posting on social media: “I’m a very proud father today! Well done to all those who bravely stood up for their rights!”
Mutuma Mathiu, a veteran journalist, said Tuesday’s events had shifted the dynamics of Kenyan politics: “Protest politics found a new fulcrum and a new and different generation of Kenyans found their rather loud voice.”
Popular political commentator Pauline Njoroge agreed: “They are not just brave, they are also very cool and well spoken. Today’s youth-led protest has been the most peaceful yet very successful.”
Prof Kivutha Kibwana, a law scholar and a former county governor, urged dialogue in his post on X: “The most dangerous thing for a government to do is to declare war on its youth.”
Dr Willy Mutunga, a former chief justice, said young people across the world had a common enemy in “their respective ruling classes, warning: “The uprising is on the horizon.”
The government has long held fears that social media could be used to promote discord and has pushed for stricter oversight by regulators.
In March, the interior minister threatened to restrict the use of TikTok, which he accused of spreading malicious content.
But the protesters do not intend to be cowed.
“We are not scared, we are not moved and this is only the beginning of the revolution. We are coming, we are many and in good numbers,” said Ms Indimuli from the sidelines of Tuesday’s demonstration.
Kenya’s Deputy President, Rigathi Gachagua, should extend his ongoing advocacy for “One Man, One Shilling” to land reform in Kenya, inspired by what happened in the United States of America towards the end of the Civil War in 1865.
Slavery was abolished in America in 1865 by America’s 16th President, Abraham Lincoln, following which one of Abraham Lincoln’s Army Generals, Gen. William Sherman, passed an ordinance into American law back then, known as “40 acres and a mule,” where each freed slave was to be allocated 40 acres of land, and a mule (a donkey), to start life as free men and free women.
“40 acres and a mule” was however short lived. Abraham Lincoln was assassinated on 15th April 1865, following which America’s 17th President, Andrew Johnson, revoked “40 acres and a mule,” towards the end of the year 1865.
“40 acres and a mule,” was not however a bad idea. Mules are not key in ploughing land in Kenya, so were something on the lines of “40 acres and a mule” to be considered in Kenya, it would be more on the lines of “40 acres and an ox,” “40 acres and a camel,” or “40 acres and a boat.”
The size of Kenya is approximately 580,000 square kilometres (about 143,321,121 acres), and out of this about 143,321,121 acres, some different families, different individuals and different organisations own different parcels of land as big as 100,000 acres.
Kenya is much smaller than the United States of America, and to all intents and purposes, the United States of America is more than just a country, is a continent, with the time difference between the west coast of the United States of America, and the east coast of the United States of America, being three hours, the very same time difference between West Africa and East Africa.
Kenya’s population currently stands at about 45 million, and with Kenya’s approximate size in acreage of 143,321,121 million, then “40 acres and a mule,” in Kenya, in the year 2024, would translate to about three acres of land per Kenyan citizen.
However, about 60% of Kenya’s current population, is below the age of 18 years, so the equivalent of “40 acres and a mule,” in Kenya, would focus on the population of Kenya above the age of 18 years, an approximate current population of 18,000,000, which would therefore bring Kenya’s current approximate equivalent of “40 acres and a mule,” to “8 acres and a mule.”
Deputy President Rigathi Gachagua arrives in Nakuru for the annual Akurino faithful Prayer Conference at Nakuru Boys’ High School. [DPCS]In principle, land reform in Kenya is much needed and long overdue. Something on the lines of “40 acres and a mule,” should actually have been implemented in Kenya at independence in 1963.
Waweru Mburu (RIP), was a broadcaster with Kenya’s Royal Media Services/Radio Citizen Kenya, and around the mid-2000s, Waweru Mburu had a popular evening radio show on Radio Citizen Kenya, popular across Kenya back then, where Waweru Mburu regularly used the Kiswahili catchphrase:
“Kabila Kenya ni mbili tu… tajiri na maskini” (“There are only two tribes in Kenya… the rich and the poor”).
Was Waweru Mburu (RIP) right? Do Waweru Mburu’s words hold true today in Kenya in the year 2024?
Before 1964, the United Republic of Tanzania was two separate countries, Tanganyika and Zanzibar.
Julius Kambarage Nyerere (1922 to 1999), was Prime Minister of Tanganyika from 1961 to 1962, was President of Tanganyika from 1962 to 1964, and was President of the United Republic of Tanzania from 1964 to 1985.
In 1967, the United Republic of Tanzania adopted “Ujamaa” (“Socialism”), in what is known as “Azimio la Arusha” (“The Arusha Declaration”). “Ujamaa” (“Socialism”), was in place in the United Republic of Tanzania for 18 years, that is, from 1967 to 1985, after which the United Republic of Tanzania reverted back to free market policies/Capitalism.
When “Ujamaa” was at it’s peak in the United Republic of Tanzania, Julius Kambarage Nyerere had a catchphrase in Kiswahili that went:
“Ujamaa ni utu, Ubepari ni unyonyaji na uhasama” (“Socialism is human, Capitalism is exploitation and barbaric”).
As a matter of fact, during “Ujamaa” (“Socialism”) in the United Republic of Tanzania, the evening news on Tanzanian radio (there was only one radio station in Tanzania in those days), would begin with a lion roaring, the significance being that the roaring lion was “Capitalism,” that needed to be “defeated.”
Was Julius Kambarage Nyerere’s take on “Socialism vs. Capitalism,” right or wrong?
Do the words of Julius Kambarage Nyerere on “Socialism vs. Capitalism,” hold true in Capitalist countries around the world today in the year 2024, including Kenya?
Don’t the words of Julius Kambarage Nyerere, Waweru Mburu, and “40 acres and a mule,” point to the same thing, that is, a more equitable and egalitarian society?
On the 27th of April 1965, the Government of Kenya’s 1st President, Mzee Jomo Kenyatta, unveiled and launched what is known as “Sessional Paper No. 10 of 1965 on African Socialism,” which in Mzee Jomo Kenyatta’s words, was a “blend of Eastern Communism and Western Capitalism, in equal measure.”
Has Mzee Jomo Kenyatta’s “Sessional Paper No. 10 of 1965 on African Socialism” lived up to expectations? It appears not.
The current Secretary-General of the Communist Party of Kenya, is a gentleman called Mwandawiro Mghanga, a former Member of Parliament for Wundanyi constituency, and a former Chairman of the Students Organisation of Nairobi University (SONU).
Mwandawiro Mghanga was a radical who was expelled from the University of Nairobi for his radicalism and activism. For example, 39 years ago on 11th February 1985, when Mwandawiro Mghanga was Chairman of the Students Organisation of Nairobi University (SONU), he committed the treasonable act of “Inspecting a Guard of Honour,” in an act of defiance and radicalism, similar to the “Black Power” salutes made by Americans, Tommie Smith and John Carlos, at the 1968 Mexico Olympic Games.
Mwandawiro Mghanga was imprisoned for his activism, and upon his release from prison, spent much of the remainder of the 1980s, and a part of the 1990s, in exile in Sweden.
Mwandawiro Mghanga is much less a radical person nowadays, though as mentioned, he is nowadays the Secretary-General of the Communist Party of Kenya.
Where have we gone wrong as a country and as a people?
Does Kenya need to take another look at Mzee Jomo Kenyatta’s “Sessional Paper No. 10 of 1965 on African Socialism?”
Does Kenya need the likes of Mwandawiro Mghanga and the Communist Party of Kenya to help draw up and design a more equitable and egalitarian blueprint on Kenya’s short term and long term socioeconomic growth and development?
Does Kenya need to take a look at the United Republic of Tanzania’s “Azimio la Arusha” (“The Arusha Declaration”) of 1967, on “Ujamaa” (“Socialism”)?
Does Kenya need to take a look at the 1865 ordinance of American Army General, Gen. William Sherman, titled “40 acres and a mule?”
Once again, the hallowed halls of Kenya’s Parliament echo with promises of justice and accountability.
This time, the National Assembly Committee on Lands has summoned Kapseret MP Oscar Sudi over the alleged illegal acquisition of over 1,500 acres of land in Kesses, Uasin Gishu County.
The allegations are serious, involving land that rightfully belongs to squatters, raising questions about the integrity and intentions of our elected officials.
However, if recent history indicates, there is a real risk that these proceedings might merely serve as a spectacle, cleansing and sanitizing corrupt politicians rather than holding them accountable.
The Oscar Sudi Saga
Oscar Sudi’s case is particularly egregious. The MP has been embroiled in controversy before, notably being acquitted of charges related to forging his KCSE certificate.
Despite the court ruling that the prosecution failed to prove its case, the pattern is troubling. Now, with the land-grabbing allegations, there is a palpable sense of déjà vu.
Will Sudi walk away unscathed once again, his reputation laundered by the very system meant to hold him accountable?
The allegations against Sudi involve land in Kesses that should be in the hands of squatters.
The National Assembly Committee on Lands, led by Chairman Joash Nyamoko, has instructed their clerks to summon Sudi after being mentioned by the affected squatters.
They have also halted farming activities on the disputed land. These actions, while commendable, are just the beginning.
Empty Summons and Hollow Proceedings
The process of summoning MPs and officials is supposed to be a cornerstone of our democracy, ensuring that those in power answer for their actions.
However, the case of MP Oscar Sudi is not the first instance where such summons have raised more questions than answers.
Recently, Agriculture Cabinet Secretary Mithika Linturi was summoned over a fake fertilizer probe, only to be exonerated by a select committee that found the allegations “unsubstantiated.”
This decision came despite significant public outcry and a detailed dissenting report by four committee members.
If we are to believe that Parliament is serious about tackling corruption, it must start by ensuring that these summons lead to real accountability, not just procedural formalities that allow those in power to escape unscathed.
The Need for Real Accountability
For too long, the political elite in Kenya, especially those aligned with the ruling UDA-Party/Kenya Kwanza administration, have manipulated the system to evade justice.
Parliamentary summonses should not be mere rituals that offer a veneer of accountability while effectively exonerating those who are guilty.
It is imperative that the National Assembly Committee on Lands conduct a thorough, transparent investigation into the land-grabbing allegations against Sudi.
Moreover, this case should serve as a precedent. Committees should be empowered and obligated to pursue justice without fear or favor.
The independence of these committees is paramount to ensuring that they are not influenced by political pressures or allegiances.
Every Kenyan deserves to see their leaders held to the same standards of accountability, regardless of their political affiliation.
A Call to Action
The integrity of our parliamentary processes is at stake. Kenyans are watching closely, and they deserve a government that is committed to justice and transparency.
The Sudi case is a litmus test for Parliament. Will it demonstrate that it is capable of holding powerful individuals accountable, or will it fall into the same patterns of obfuscation and exoneration?
As Kenyans, we must demand more from our elected representatives. We must insist that parliamentary summons are not tools for political theater but instruments of justice.
The National Assembly Committee on Lands has a responsibility to ensure that their investigation into the allegations against Oscar Sudi is thorough, impartial, and transparent.
Conclusion
The summons of Oscar Sudi over the alleged land-grabbing in Kesses is a critical moment for Kenya’s Parliament.
It is an opportunity to show that the legislative body is serious about tackling corruption and holding its members accountable.
However, if this summons is merely a prelude to another exoneration, it will further erode public trust in our institutions.
Parliament must rise to the occasion. The people of Kenya are watching, and they will not accept another whitewash.
Justice must be served, and it must be seen to be served. The future of our democracy depends on it.
This Finance bill has continued to unite Kenyans, of all walks of life, whether your rich or poor, Mama mboga, Boda boda and even that Bank manager that counts our money. While it remains important to raise money for the operation of a country, these proposals if they are to be approved will hurt all Kenyans from all walks of life.
Public participation process, a process that many Kenyans continue to question on its validity and usefulness. Even in the last Finance Bill 2023, which is an ACT now was passed with a lot of proposals that most Kenyans had said no to. Is public participation just a “tick the box” process to such vital processes?
Not just bread, that most Kenyans have been complaining about, things like cooking Oil, Banking and insurance services, Margarine, soap and jobs will be highly affected if the Finance bill 2024 is approved. While, we are being distracted by the bread tax, lets read the bill in its entirety.
The Finance Bill 2024, has stirred significant controversy and concern among consumers and businesses alike. Proposed by the government to enhance tax revenues and grant broader powers to the Kenya Revenue Authority (KRA), this bill comes with a slew of measures that could impose heavy financial burdens on the populace and stifle economic growth.
One of the most contentious aspects of the bill is the removal of Value Added Tax (VAT) exemptions on critical banking services. This move threatens to increase the cost of financial transactions for ordinary citizens and small businesses, further exacerbating the financial strain already felt by many due to the economic challenges of recent years.
Moreover, the proposal to maintain or increase excise duties on financial and telecom services adds insult to injury. With the cost of living already skyrocketing, such measures only serve to deepen the financial woes of Kenyan households and discourage investment and innovation in key sectors.
The introduction of a 20% excise duty on “other fees charged by financial institutions” is particularly concerning. This blanket tax could lead to a significant rise in the cost of financial services, making it harder for individuals and businesses to access essential banking facilities and credit.
Furthermore, the imposition of new taxes, such as the Significant Economic Presence Tax for foreign digital businesses and a minimum top-up tax for multinationals, threatens to deter foreign investment and innovation in the digital economy—a sector crucial for Kenya’s future prosperity.
The proposed eco levy, while ostensibly aimed at offsetting environmental damage, could further burden consumers by driving up the prices of goods deemed environmentally harmful. While environmental conservation is undoubtedly important, the burden of such levies should not disproportionately fall on the shoulders of already struggling consumers.
Equally alarming are the controversial changes outlined in the bill, including the removal of VAT exemptions on basic necessities like bread, the introduction of an annual tax on car value, and taxation on imported motorcycles. These measures not only risk exacerbating poverty and inequality but also run counter to efforts to promote affordable transport and mobility.
Perhaps most concerning of all are the new powers granted to the KRA, including the demand for the integration of electronic Tax Invoice Monitoring Systems (eTIMs) into invoicing and exemptions to data protection laws for tax purposes. Such measures raise serious concerns about privacy and civil liberties, potentially paving the way for abuse of power and infringement on individual rights.
Leaders need to be held accountable proposals that will continue to hurt Kenyans! Could we perhaps also start having discussions around reducing the wage bill and reduce on the luxurious life that we have accorded our leaders? Discussions around exempting KRA from the constraints of the Data Protection Act in accessing tax payers’ data should be done away with.
In conclusion, the Finance Bill 2024 represents a significant threat to the economic well-being and civil liberties of Kenyan citizens. Instead of fostering growth and prosperity, its proposed measures are likely to deepen inequality, hinder innovation, and erode trust in government institutions. It is imperative that lawmakers carefully reconsider these proposals and prioritize policies that promote equitable development and respect for individual rights.
As South Africans hit the polls, one thing was clear, the beginning of the end of ANC, South Africa’s ruling party, was nigh. True to the predictions, ANC lost the majority for the first time since 1994 when the Apartheid rule in South Africa ended. With 75% of voting districts counted, the ANC leads with 42%, followed by the Democratic Alliance (DA) at 22%. Former President Jacob Zuma’s uMkhonto weSizwe Party (MK Party) achieved 13% of the vote, with the Economic Freedom Fighters of the boisterous Julius Malema receiving approximately 9%. The results are not expected to divest much with the final tally expected over the weekend.
South Africa is a parliamentary democracy where the voters elect their preferred party candidates and then the elected leaders elect the president and form the government if their party gets the majority of seats. If they don’t crack the majority, they have to form coalitions with other parties in order to reach the majority which would allow them to form the government. Kenya is a Presidential republic where the President is elected by popular vote.
Load shedding is a staple among South African online cliches. On X (formerly Twitter), you would find South African users talking about terms such as “base load”, “inverters”, and “power banks”. This comes as a result of the beleaguered power company, Eskom, turning off power between six to twelve hours per day to ease electric supply and pressure on the ailing national power grid which has been hit with corruption, non-maintenance, debt, brain drain, and copper wire theft. The South African national energy provider Eskom was created in 1923 with a grid system that has since failed to match generation capacity.
The electricity shortage has been accumulating for years, owing to factors such as delays in the construction of new coal-fired power plants and looser regulations to allow renewable energy providers to bring projects online quickly. The load-shedding debacle has been a source of ridicule and pain for the ordinary South African. Several companies have folded and left South Africa due to the incessant load shedding woes which has further worsened the unemployment crisis. Every decent-sized business and private homes have their own generators as a backup and fallback because trusting Eskom to act right is very hard.
In the 1990s, the country was brimming with enthusiasm and hope for a new beginning with Mandela in charge as the apartheid regime collapsed. The country was leading in various metrics like gold production, industrialization, and progressive legislation. That sentiment has now turned into a sour and bitter feeling. People are filled with profound disappointment at the turn of events. China overtook South Africa as the top gold producer in the world in 2007 and South Africa never recovered. Nigeria overtook it in 2014 as the largest economy in Africa. While South Africa reclaimed that title in 2023, South Africa’s economy is deeply underperforming and struggling despite the human capital and resources it has.
ANC has been hit with scandal after scandal and voters were simply tired of its rudderless leadership. Jacob Zuma, the former leader and president was jailed for refusing to appear before an inquiry for corruption and was given 15 months in prison. Cyril Ramaphosa, the current president and party leader was himself caught up in a scandal dubbed “Farmgate” but he was later cleared in preliminary reports.
The race itself has been dubbed a four-horse race which includes Cyril Ramaphosa, the incumbent ANC leader and President. A former mine boss and union leader, was one of the earliest possible successors of Nelson Mandela. Next, we have John Steenhuisen, who is the current opposition leader and DA party leader. The DA party which John leads has been accused of championing white people’s interests alone and was criticized for having an all-white leadership when its first black leader Mmusi Maimane quit. Another familiar face is Jacob Zuma. Many remember him from 2010 when South Africa hosted the first-ever World Cup on African soil. Mr Zuma was jailed last year for contempt of court and is also facing 16 charges of corruption stemming from a multibillion-dollar arms sale, in a case that has dragged on for years as the former president opposes the prosecution’s attempts to put him on trial. Last we have the exuberant and radical Julius Sello Malema who is known for his animated debates and controversial takes including the infamous “Shoot A Boer” chant. A darling among Pan Africans, Malema was expelled from ANC in 2012 and he went on to form the signature red EFF party which performed very well in the 2019 elections garnering an impressive 11% of the total votes. He has also been convicted for hate speech twice.
In the diplomatic world, South Africa has ruffled several feathers and angered several Western powers and allies. In Early 2023, the US Ambassador to South Africa accused them of supplying Russia with weapons as a US-sanctioned ship, Lady R docked in South Africa despite its professed neutrality against the war in Ukraine. The accusation caused a lot of friction with the US and a later report alleged there was no evidence of weapons being shipped to Russia.
In late 2023, South Africa once again ruffled the feathers of the US and its allies after instituting proceedings against Israel at the ICJ alleging that Israel was committing “genocide” against Palestinians in the Gaza Strip due to Israel’s military action against the militant group Hamas which had launched attacks in Israel on Oct 7th, 2023. The US and its allies accused South Africa of playing politics with the Court and labeled the case as “without merit”. Israel also rejected the claim as unfounded and accused South Africa of providing Hamas with legal cover and preventing Israel from achieving its military objectives against the militant group which came into power after ousting Fatah from the Strip. Fatah is the world-recognized representative of the Palestinians in the international arena. US lawmakers threatened to review US cooperation with South Africa in response to the move.
South Africa is also part of BRICS, a group that is presenting itself as the alternative to the Western-led world order. The group which originally consisted of Brazil, Russia, India, China, and South Africa has expanded and added members such as Ethiopia, UAE, and Iran among others. Argentina was invited to join but later decided not to after the libertarian president Javier Milei won power. Several countries have also applied to join the group. While the group doesn’t pose any significant threat to the West due to internal wrangles, South Africa’s bromance with Russia has been a bone of contention and Western countries fear Russia and China may influence South Africa to steer it away from them.
Whatever happens to ANC’s impending loss of power and monopoly in South African politics is definitely pretty dire. Political experts and pundits predict that ANC will be a former shell of itself and may not even be in a position to form the government by the next election. South African politics is about to become extremely competitive and to woo voters, ANC politicians should better start fixing the dilapidated schools, rotting infrastructure, energy needs, and the ailing railway if they want to win. The old era is gone and patronage isn’t enough to win votes.
Undue credit is given to the Government of Kenya’s third President, Mwai Kibaki, regarding the initiation of Kenya’s Constituency Development Fund (CDF).
In particular, former Nyandarua County Senator, Muriuki Karue, is always presented as the “brainchild” of the Constituency Development Fund (CDF), including in the “Daily Nation’s” said page 3 story of 30th May 2024. Muriuki Karue neither originated nor initiated the idea of Kenya’s Constituency Development Fund (CDF).
Kenya’s Constituency Development Fund (CDF) is an initiative and brainchild of the Government of Kenya’s second President, Daniel T. arap Moi.
What happened is that in the year 2002, Kenya’s then President, Daniel T. arap Moi, constituted a task force made up of eight people, and chaired by renowned Kenyan lawyer, Pheroze Nowrojee, to explore the viability of setting up an annual fund, financed by the Kenya Government, for the purpose of development expenditure and development projects in all of Kenya’s constituencies.
The idea back in 2002 of setting up an annual fund for the development of Kenya’s constituencies was actually an extension of the Kenya Government’s “Sessional Paper No. 1 of 1986,” otherwise referred to as “District Focus for Rural Development.” For example, the current headquarters of the Kisumu County Government, were constructed during the era of the high profile “Sessional Paper No. 1 of 1986” (“District Focus for Rural Development”).
However, “Sessional Paper No. 1 of 1986” (“District Focus for Rural Development”) came to halt in the year 1990, following the suspension of donor funding to Kenya, a suspension that lasted to the year 2000.
After three months, back in early 2002, Pheroze Nowrojee’s Task Force handed President Daniel T. arap Moi an affirmative report regarding the viability of setting up an annual Kenya Government Fund, for the development of all of Kenya’s constituencies.
President Daniel T. arap Moi then handed Pheroze Nowrojee’s Task Force Report to the Kenya Parliament for adoption and ratification into law.
Paul Muite, who at the time was Kabete constituency Member of Parliament, then began the process of tabling a motion in Parliament for Pheroze Nowrojee’s Task Force Report to be adopted into law.
There was however heavy politicking in Kenya at the time in readiness for Kenya’s General Elections of 27th December 2002, and there was even a grouping of Kenyan Members of Parliament at the time, in association with different Kenyan Civil Society Organisations at time, that had declared that they would convene at Bomas of Kenya, Nairobi, to ensure that a new Kenya Constitution was drafted, and later adopted into law in the Kenya Parliament, before Kenya’s General Elections of 27th December 2002.
In those days though, the President of Kenya had the powers to prorogue Parliament, and what President Daniel T. arap Moi did was to abruptly prorogue the Kenya Parliament in August 2002, before the “threat” of a new Kenya Constitution was effected by “rebel” Kenyan Members of Parliament at the time, and “rebel” Kenyan Civil Society Organisations at the time.
Therefore, the tabling in the Kenya Parliament for the adoption into law for a Constituency Development Fund (CDF), by Kabete constituency Member of Parliament, Paul Muite, was cut short following the abrupt proroguing of Kenya’s 8th Parliament in August 2002 by President Daniel T. arap Moi.
Mwai Kibaki and the National Rainbow Coalition (NARC) won Kenya’s General Elections of 27th December 2002, after which Kenya’s 9th Parliament was convened in January 2003, at which point the motion on the adoption of a Constituency Development Fund (CDF) was tabled afresh and adopted into law. Paul Muite did not make it back to Parliament at Kenya’s General Elections of 27th December 2002, and it was not he who tabled the motion afresh.
It therefore continues to be a misrepresentation of Kenyan history that the Constituency Development Fund (CDF) originated with the Government of Kenya’s third President, Mwai Kibaki, and that in particular, was the “brainchild” of Muriuki Karue.
The Nation Media Group can seek clarification of what I state above, from Pheroze Nowrojee and Paul Muite, both of whom are still alive, kicking and active.
Credit for Kenya’s Constituency Development Fund (CDF) needs to be given to the Government of Kenya’s second President, Daniel T. arap Moi, Pheroze Nowrojee, and Paul Muite.
As we marked the International Day of Action on Women’s Health, the theme of “Mobilizing in Critical Times of Threats and Opportunities” resonates with unprecedented urgency in Kenya and the region. Characterized by rapid social, economic, and environmental changes, women’s health stands at a crucial crossroads. The current landscape presents formidable challenges, but equally significant opportunities to make transformative progress.
In recent years, women’s health has witnessed both remarkable advancements and persistent setbacks. On one hand, global efforts have led to increased access to reproductive health services, significant reductions in maternal mortality, and heightened awareness of gender-specific health issues. On the other hand, the COVID-19 pandemic has exacerbated existing health disparities, with women disproportionately bearing the brunt of healthcare disruptions, economic instability, and gender-based violence.
Some of the threats witnessed by Kenyan women, from, firstly, healthcare Disparities, access to healthcare remains uneven, with marginalized women facing significant barriers. Rural, low-income, and minority women often have limited access to quality care, leading to poorer health outcomes. Two, Economic Inequality, Economic instability, worsened by the pandemic, has deepened gender disparities. Women, who are overrepresented in low-paying and precarious jobs, face greater challenges in accessing healthcare and maintaining overall well-being.Three, Reproductive Rights: In Kenya, reproductive rights are under threat. Legislative measures and political agendas aimed at restricting access to contraception and safe abortion services pose significant risks to women’s autonomy and health. Lastly, Violence Against Women: Gender-based violence is a pervasive threat that impacts physical and mental health. The isolation and economic stress of the pandemic have intensified this issue, with reports of domestic violence surging worldwide.
Opportunities for progress remain immense, if we are to improve women’s health; Mobilizing for policy advocacy and change is crucial. Advocating for inclusive healthcare policies, increased funding for women’s health services, and protective legislation for reproductive rights can drive significant improvements. Programs like Linda Mama that supported the journey of women into motherhood must be maintained. Grassroots movements play a pivotal role in advancing women’s health. Empowering communities through education, local advocacy, and support networks can lead to sustainable health improvements and greater resilience against threats. Leveraging technology innovations can bridge gaps in healthcare access. Telemedicine, mobile health applications, and digital education platforms offer innovative solutions to reach underserved populations and provide critical health information and services. International cooperation and solidarity are essential. Global partnerships and alliances can amplify efforts, share best practices, and mobilize resources to address women’s health challenges effectively.
To harness these opportunities and mitigate threats, a multifaceted and inclusive approach is essential. Some of the strategies for mobilizationat present and even the future: Strengthening Advocacy Networksthrough building robust networks of advocates, healthcare professionals, and policymakers is vital. These networks can drive collective action, influence public policy, and ensure that women’s health remains a priority on national and international agendas.
Investing in Education and Research, education is a powerful tool for empowerment. Investing in health education and research focused on women’s specific health needs can lead to informed decision-making and evidence-based interventions. Promoting Gender Equity in Healthcare, ensuring gender equity in healthcare systems is crucial. This includes training healthcare providers on gender-sensitive care, addressing gender biases, and promoting women’s leadership in health sectors. Amplifying Voices, Creating platforms for women to share their experiences and perspectives is essential. Amplifying these voices can highlight critical issues, inspire action, and foster a supportive environment for change.
As we observed the International Day of Action on Women’s Health, the call to mobilize in these critical times cannot be overstated. While the threats are significant, the opportunities to advance women’s health are equally profound. By harnessing the power of advocacy, community engagement, technological innovation, and global solidarity, we can create a future where every woman has the right and access to comprehensive, equitable, and empowering healthcare. Let this day be a reminder and a catalyst for action, commitment, and progress toward a healthier and more just world for women everywhere.
The writer is a Youth Activist, Reproductive health advocate based in Nairobi, Kenya.
I refer to story published on page 2 of the “Sunday Nation” of 12th May 2024, titled “Grace to grass: Former Harambee Stars defender now charcoal seller.”
Strictly speaking, no Kenyan sportsman or sportswoman, is owed anything by any Kenyan, and it is time that Kenyan media became much more objective in coverage about how we Kenyans, “neglect” Kenyan sportsmen and sportswomen, when they retire, Kenyan sportsmen and sportsmen who brought “big honour and pride” to our country, when they were active.
Sport is business, big business, and sportsmen and sportswomen around the world, including Kenyan sportsmen and sportswomen, are among the most well paid and well remunerated members of society.
Kenyan sportsmen and sportswomen are very well travelled around the world, stay at the best hotels in the world when on “national duty,” and get paid very attractive allowances while on “national duty” outside the country. For example, a scandal involving the misappropriation of approximately 200 million Kenya shillings, by the Kenyan contingent to the 2016 Rio Olympic Games, is still pending, is yet to be resolved.
The struggles of the common man and common woman in Kenya, are not the struggles of elite Kenyan sportsmen and sportswomen.
When will a Kenyan “mama mboga” ever board an aircraft destined for America, Saudi Arabia or Australia, and stay at the best hotels in America, Saudi Arabia or Australia, when she gets there?
When will a Kenyan “boda boda” rider ever board an aircraft destined for Brazil, India or Denmark, and stay at the best hotels in Brazil, India or Denmark, when he or she gets there?
When will a Kenyan “mkokoteni” pusher ever board an aircraft destined for Ireland, Papua New Guinea or Singapore, and stay at the best hotels in Ireland, Papua New Guinea or Singapore, when he or she gets there?
Numerous disillusioned Kenyans continue to bank their hopes on five year election cycles, that will “hopefully,” bring “a better Kenyan Government” or that will “hopefully,” bring “better Kenyan leaders,” as elite Kenyan sportsmen and sportswomen continue travelling the world and continue winning gold medals “for Kenya.” Continue winning gold medals “for Kenya,” or winning gold medals for themselves?
Strictly speaking actually, winning a gold medal is like attaining a school certificate or a diploma, is a personal accomplishment, to be proud of, yes, but not a “National Kenyan Accomplishment.”
How many Kenyan school certificate holders and Kenyan diploma holders continue to face harsh times, and who is holding brief for them, in the same way that Kenyan media continues to hold brief for “neglected Kenyan sportsmen and sportswomen?”
The Government of Kenya’s 4th President, Uhuru Kenyatta, placed an emphasis on the development of elite sporting facilities around Kenya, and the Government of Kenya’s 5th President, William Ruto, is following in these very footsteps.
In an ironic and tragic sense, if both Governments had placed a greater emphasis on societal programs, rather than the development of elite sporting facilities, there would have been no catastrophes as witnessed with the ongoing rains and flooding in Kenya.
It is meaningless for “highly educated Kenyan geologists” to now emerge and tell us about “fissures,” how they could have been addressed, and how addressing them, could have averted the catastrophes linked to the ongoing flooding in Kenya.
Joe Kadenge (1935 to 2019) belongs to a generation of Kenyan football players who brought “glory” to Kenya in the 1950s and 1960s, in the days of what was known as the Gossage Cup. Joe Kadenge was very travelled, travelled to many places in the world that the majority of us never will.
Joe Kadenge was also privileged to have held senior managerial positions in his time, such as Sales Manager of Coca Cola Kenya, and Sales Manager of Six Eighty Hotel, Nairobi, Kenya, in the days when Sales Managers were highly revered and highly regarded, and in the days too, that Coca Cola Kenya, and Six Eighty Hotel, were highly revered, highly regarded, and highly prestigious.
It was surprising therefore, to read that Joe Kadenge was “one among several neglected Kenyan sportsmen and sportswomen,” soon before he passed away in 2019. Kenya’s president at the time, Uhuru Kenyatta, even came to the “rescue” of Joe Kadenge, which Uhuru Kenyatta really should not have done, because there were, and are, millions of Kenya, much more deserving of assistance. How many Kenyans, past and present, will ever have the opportunities that Joe Kadenge had?
The mismatch between elite Kenyan sportsmen and sportswomen, and the common man and common woman in Kenya, is no doubt one of the reasons why all sports venues in Kenya today, are virtually empty, even when “big games” and “big matches” are being played, and this applies to all sports in Kenya today. Who cares?
For example, in the 1970s and 1980s in Kenya, when two of the biggest football clubs of those times would meet, namely Abaluhyia Football Club (today AFC Leopards), and Gor Mahia Football Club, other than the venue being packed to full capacity, “overflowing capacity” actually, a good part of the rest of Kenya would also be closely following on radio. When Abaluhyia Football Club (today AFC Leopards), and Gor Mahia Football Club met in those days, it was like some sort of “public holiday” in Kenya.
However, with the high levels of disillusionment and incongruence in Kenya today in the year 2024, even if the common man or common woman may have disposable income on him or her, of say, 100 Kenya shillings, or 200 Kenya shillings, rather than he or she “supporting Kenyan sport” and/or “supporting Kenyan sportsmen and sportswomen,” he or she would rather spend it on alcohol, or something of that nature, watch a Nigerian movie, watch pornography on the internet, or watch pornography saved on a device.
Kenyan sport needs to be overhauled and transformed, for it to win back the goodwill and following of the Kenyan people.
The people of Kenya too, need to stop being pontificated to by the Kenyan media, about how Kenyans have “neglected” Kenyan sportsmen and sportswomen, past and present, the example above of Joe Kadenge, standing out prominently, on how Kenyan sportsmen and sportswomen, past and present, have far from been “neglected.”
The UN recently voted to upgrade Palestine’s status at the international body with a total of 143 nations – including Kenya – voting in favour of the resolution. 25 countries abstained while nine countries voted against the decision. This placed Palestine on the path of full UN membership as various experts noted.
While the vote is significant, it still hasn’t brought Palestine near to the coveted status of full membership. The vote improved Palestine’s status at the body and now Palestine has new privileges like being arranged alphabetically among the Member States, Declaring positions on behalf of a group, providing suggestions and changes, and then presenting them and also co-sponsoring changes and ideas.
Palestine would also be able to suggest topics for the preliminary agenda of regular or special sessions, as well as the power to ask that supplementary or extra items be added to the agenda of regular or special sessions.
The ability of State of Palestine delegation members to run for office and be elected to the Main Committee and Plenary of the General Assembly is also included in the new privileges granted by the latest resolution.
Lastly, they would be able to be active and involved in United Nations conferences, as well as international conferences and meetings held under the direction of the General Assembly or, when applicable, other United Nations bodies.
That one is a huge upgrade from their current status. The privileges won’t kick in till 10th September 2024 when the next General Assembly meeting is expected to take place.
However, being a full member requires recommendations from all the five permanent members who also happen to form the United Nations Security Council.
Being a full member comes with benefits such as being elected to serve in the Security Council for a period of two years, voting in General Assembly sessions, and seeking membership in the influential Economical and Social Council.
In the recent resolution, the general assembly determined that the State of Palestine has met all the requirements of being a full member of the UN and asked the Security Council “reconsider the matter favorably”.
The US which voted against the resolution has been clear that Palestine would not become a full UN member until the security and future of Israel as a democratic Jewish State has been secured.
“We have been very clear that we support it and seek to advance it meaningfully. Instead, it is an acknowledgment that statehood will come from a process that involves direct negotiations between the parties,” Ambassador Robert who is the US ambassador to the UN insisted.
He also added, “there is no other path that guarantees Israel’s security and future as a democratic Jewish State. There is no other path that guarantees Palestinians can live in peace and dignity in a State of their own.”
It is worth noting that the US had earlier vetoed a similar earlier attempt of Palestine trying to become a full member. The situation is likely to continue until the conflict is solved comprehensively.
Solving the conflict comprehensively means issues such as the status of Jerusalem which is divided into East and West and home to several religions is determined and fully solved.
Both Israel and Palestine lay claim to the whole of Jerusalem as their eternal capital and none has indicated they are likely to cede that position.
Israel moved its capital from Tel Aviv to Jerusalem and such a move is recognized by the US and other countries. The US moved its embassy to Jerusalem in 2018 during the Trump administration.
Settlements that dot the West Bank are also a thorny issue and have been a huge subject of controversy and chaos. The borders of a modern State of Palestine are also under contention but most people favor the 1967 withdrawal borders which encompass the West Bank and Gaza Strip.
While extremist groups regularly favor dissolving the State of Israel and assuming stewardship of the whole area, it is practically impossible to execute that idea and it may lead to unintended consequences since Israel has indicated it is very much prepared for that scenario under a plan called the Samson Option.
Other issues such as borders, airspace control, customs, Gaza seaport, Palestinian nation army, recognition of Israel by a future Palestine state, prosecution of war crimes committed on both sides, freedom of movement between Gaza Strip and West Bank, and reparations would most likely prolong the dialogue that would lead to Palestine becoming a full member of the UN.
Kenyan vote
In the latest vote, Malawi was the sole African candidate that abstained from voting and 45 countries voted Yes, including Kenya.
Eight non-voting members were not able to vote, possibly due to non-remittance of UN fees and dues.
Outgoing Kenyan Ambassador to the UN, Martin Kimani hailed the decision “Kenya voted YES to give the State of Palestine additional rights and privileges in the UN, furthering its quest for full membership. We can no more deny others who legitimately seek self-determination than we can deny our nature as a country made from an independence struggle,” he said.
“Kenya’s statement supporting full UN membership for Palestine, rooted in our fight for self-determination. Emphases the illegitimacy of Hamas in a peace-loving Palestinian state. Recognises Israel’s security concerns but condemns its breaches of international law in Gaza. Advocates for an immediate humanitarian ceasefire and negotiations toward a two-state solution.” He added.
The current Principal Secretary of Foreign Affairs in Kenya, Singoei Korir also appeared to praise the decision by adding “Kenya votes with 142 other countries in support of the UN General Assembly Resolution for the admission of the State of Palestine to the UN. This endorsement is consistent with our historical vote on the matter.”
As the issue stands now, Palestinian full membership of the UN is so near, yet so far. Good faith and intense diplomacy stand to accelerate the process rather than violence and insurgency.
For Francis Atwoli who prides himself as indomitable fighter lion, the events of the past few weeks has left him exposed as a domestic cat.
The Central Organization of Trade Unions (COTU) Secretary General has been reduced to a blogger fighting for his life on the internet.
Apart from seeking re-elections in 2026, Atwoli’s existence in the helm of the trade union that he has held for decades is now being threatened from all political fronts before his term expires.
For two and a half decades, Mr. Atwoli has been at the forefront of COTU leadership; he assumed the position in 2001. His current term, which began after winning re-election on April 9, 2021, will end in April 2026, marking a total of five five-year terms served. In total, he will have served for a record 25 years!
Credible sources have disclosed the existence of a well-designed scheme to ensure Mr Atwoli does not secure re-election in the union’s forthcoming elections in 2026.
Raila’s hand
Migori Senator Eddy Oketch has tabled a bill in the senate to introduce term limits for union officials. Oketch is an ODM legislator affiliated with Raila Odinga. Analysts view this as a well calculated move aimed at disarming Atwoli who doesn’t appear to be in good books with the former prime minister currently.
The Labour Relations (Amendment) Bill, 2024 seek to set term limits for union officials and to end the current arrangement where officials can hold office for as many terms as possible provided they are duly elected and re-elected.
“The principal object of the bill is to provide for the term of office of officials of a trade union, employers’ organisation or federation and requirements for registering a trade union,” the bill states.
Expectedly, Mr. Atwoli has lashed out at the proposal claiming it goes against the principles of free and independent trade unions as advocated for by the International Labour Organisation.
Raila and Atwoli’s relationship is in tatters Kenya Insights has learned. During a recent interview with Citizen TV, Atwoli himself hinted the uneasiness with the former PM when he disclosed that they last spoke in January going to show how distanced they’ve become.
The two who were often seen in not just political but social events together, can no longer be sighted.
Sources believe Atwoli was among the traitors that former president Uhuru Kenyatta recently mentioned for quickly abandoning Azimio to bed with the government.
Ruto’s hand
However, it’s not just Raila that Atwoli is worried about, President William Ruto also appears to have sidelined the self declared Luhya kingmaker.
In yet another calculated move aimed at dehorning Atwoli, the Private Security Regulatory Authority (PSRA) boss Fazul Mahamed who’s a Ruto’s man, last week directed private security firms to stop remitting guards’ union fees to the umbrella workers’ body.
Mahamed said that the trade union has not lived up to its mandate to protect its members and has persistently disregarded, declined and neglected to advocate for their rights.
“For years, private security companies have consistently deducted trade union fees from private security guards and subsequently remitted the said contributions to the Central Organization of Trade Unions, COTU – Kenya. As outlined in COTU’s constitutive document, part of the organization’s core mandate is to represent the voices of workers and actively fight for their social and economic welfare,” Mahamed stated.
“Notably, private security officers constitute a large percentage of COTU’s membership and despite their low salaries have faithfully contributed trade union fees to COTU for decades. Regrettably, notwithstanding their significant financial contributions, COTU has not lived up to its mandate and has persistently disregarded, declined, and/or neglected to advocate for their rights, advocate for compliance with minimum wage and promote their general welfare.”
Mohamed said the action was taken after security guards complained about fund utilisation and their welfare not being addressed by the trade union.
With the SG getting hit from two familiar camps, one can’t help but notice a battered general who’s suddenly unwanted by people he once regarded as allies.
Many will recall that Mr. Atwoli supported Azimio’s Raila Odinga in the last general elections; he consistently criticized current president William Ruto. However, after William Ruto was declared the winner in the elections, Mr Atwoli promptly switched sides and aligned himself with the Kenya Kwanza administration.
Nevertheless, President Ruto’s close associates have since downplayed his defection, considering it a manoeuvre to safeguard his position and maintain his political relevance in the country.
Sources also say that Mr Atwoli has privately disclosed to his inner circle the likelihood of him not pursuing re-election in 2026.
According to some political analysts, President Ruto has since realized that having Mr Atwoli on his side does not bring any substantial benefits. Before the last general elections, Mr Atwoli pledged to flee the country if William Ruto emerged as the victor in the presidential poll. Rev. Joel Kandie, who currently holds the position of COTU national chairman, is widely believed to be the frontrunner to succeed Atwoli.
Unwanted by many
It’s not just the two who appear to distance themselves from Atwoli, a section of country’s leadership also seem to be as exhausted with Atwoli’s fight to keep his hold on power mostly terming it selfish.
“Francis Atwoli has served time and must now leave the Labour Relations arena. Courts are abolishing life sentences for capital offenses, opining that 30 years is more than a life sentence. Why should one individual serve in a public office for more than 30 years.” Former Law Society of Kenya (LSK) Nelson Havi said.
Former Kiambu governor William Kabogo alludes that Atwoli is not indispensable and that he should give way for new leadership, “ this should not be in debate, all public servants should have term limits. No one is indisposable. Fresh is always good.” He said.
“Francis Atwoli has walked on the backs of Kenyan workers for decades for selfish gain. Most of those he represents are underpaid. COTU is as useless as a used tissue paper. Atwoli only negotiates for his stomach. That’s why he survives by kissing every successive regime’s ass.” Musa Salah posted on X.
EXTRA
New information reported by Sunday Nation reveal a plot to further tame Atwoli, there are attempts plan a counter rally for Ruto to clash with the COTU boss.
The newspaper reports of attempts to reach out to the leadership of the Trade Unions Congress of Kenya (Tuc-Ke) – led by Nyatike MP Tom Odege (chairman) and Dr Charles Mukhwaya (secretary-general) – to plan a parallel Labour Day event at Kenyatta International Convention Centre (KICC) in a bid to rival the Uhuru Gardens event organised by Mr Atwoli. Organizers of Tuc-Ke are to invite Ruto whose attendance would send the clearest signal of dissatisfactions with Atwoli.
Focused Professional Practice Evaluation, often 12 months, is done for several reasons such as to ascertain or award privileges for medical practice. It basically spotlights competence and behavior.
Medical Internship is regarded worldwide as a framework for Evaluating Professional Practice in a focused way.
Practice means these interns have to see patients and perform procedures. Now that is serious. Practice is real work – a lot of technical and complex work that initiates the perofessional into a world of doctor(ship). In our case in Kenya, 27% of all medical work is done by medical interns. You will never notice who is an intern and who is not. It is not education. It is not training. And it is not volunteering. And it is not supervision per se (entirely). 90% of intern work is unsupervised at the time they deliver the service. They are alone with patients, making life and death decisions. Those decisions are evaluated not less than 8 hours later or when the intern calls on the superior.
What an internship policy should do is to define the conditions for which an intern can make decisions by self and those for which the intern MUST call a superior. Internship policy should not talk about pay. So do we understand the difference between evaluation of performance by specialists and supervision or training or volunteering?
The term medical intern has several nomenclature in different countries. In USA, they are house officers. In UK, they are junior drs. In Kenya, Public Service Commission/Department of Personnel Management used to call ‘us’ Medical Officer 2 or Dental Officer 2 or Pharmacist 2. Much of Africa calls them interns. A term not existent in developed world as far medical career is concerned.
In August 2016 when I led the development of first ever the schemes of service for doctors, we retained the names Medical/Dental/Pharmacist 2 as appearance on the payslip. The IPPD – which is the official Kenya Government pay structure – has the terms Medical/Dental/Pharmacist Officer 2. Medical Intern does not appear on the payslip.
For the CBA, We were very clear about the term intern just so that no one mischeaviously plays around it in the future. And 7 years have proven us right. Yet we also tied the payment evidence to the naming used in scheme of services. The PSC graduated the schemes sometime 2019 and called them career guidelines. Still retaining the temr Medical/Dental/Pharmacist Officer 2.
To summarize, you get no certificate after completion of internship and no qualification more than what you got in med school after completion. But if evaluated positively you get registered (permanently in the roll), not licensed. The interns are already licensed. And every year every doctor must be licensed anyway as long as they are still practising. So internship gains you entry for registration as a doctor.
Let us say more about licensing. Licensing is a temporary permit to make medical decisions. And yes it is temporary for all doctors. Whether you are a neurosurgeon or an intern. It lasts exactly 12 months in all countries on earth. Interns get theirs too for one year. Not different from any doctor.
Medical Internship is healthcare regulation in all definitions. And medical internship is work. It is labour and it is service in all definitions. It is employment. In the USA for example, hospitals get reimbursed by government based on numbers of house officers and residents they have.
There is need for us to have a deeper view around what makes healthcare regulation. And what constitutes labour. Internship is both. We must fulfill both obligations.
A section of Kenyans have turned their backs on Nairobi governor Johnson Sakaja and accused him of being intolerant towards fair criticism after suing Human Rights activist Jerotich Seii for alleged defamation.
Coming hot on their heels, the Nairobi boss is being criticized for not having a hard shell to deal with criticism from his voters.
The governor has moved to court seeking Sh100 million in damages from the activist and Standard Media Group for defamatory remarks she allegedly made during an interview with Spice FM.
The suit doesn’t come as a surprise as Seii has in the recent past put up a sustained campaign against the governor especially on social media stemming from illegal structures suffocating the city.
The Suit
In the court document, Sakaja asserts that on January 26, Jerotich Seii appeared as a guest on the program, where she insinuated collusion between him and real estate developers to erect high-rise buildings exceeding legal height limits.
“On the 26th day of January 2024, the 2nd Defendant/Respondent herein, in a morning show programme dubbed ‘The Situation Room’ that was aired by one of its radio stations by the name Spice FM, hosted the 1st Defendant as the guest speaker where alongside the programme hosts namely Mr. Eric Latiff, Ms. Ndu Okoh and Mr. Charles T Muga, went on a discourse of discussing the guest’s views about the recent unveiled Chinese Property Developers Association,” the statement read in part.
According to Sakaja, the program hosts failed to moderate the guest’s remarks, which he claims have tarnished his reputation and undermined his status as a reputable citizen, as enshrined in Chapter Six of the Constitution.
The lawsuit specifically highlights statements attributed to Jerotich, implying that the Governor and developers knowingly violated the law.
“The community are organised, they do public participation informing the developers that you are not going to construct here and send them away somehow, these guys end up getting permission/permits that they require and finally after launching the association and going to visit the Governor Sakaja in his office, the following day all permits were issued and they are excavating as we speak,”Jerotich had purportedly stated.
Through his lawyers Okatch & Partners, the governor accuses the activist of defaming him by linking him to a Chinese cartel behind the controversial buildings in the capital.
“She alluded to the fact that the Governor had “gotten to bed” with the Chinese Property Developers and thus neglected the voters who have elected him into his office, to add salt to the injury she vehemently stated that the Governor Johnson Sakaja had left the groups whatsapp in order to avoid accountability and she vehemently stated that:”….Governor Sakaja, left all the Kilimani Foundation whatsapp groups quietly in the dead if the night on the 27th day of December, shortly after that, the Chinese are in his office thereafter, he is launching the Chinese property Developers Association, Immediately after permissions are issued to this company called Alina on Likoni Lane and the MD of Alina is the vice chair of the Chinese property Developers Association. If this is not cartel what is?” Part of the document reads.
Moreover, the remarks have been framed as an attack on his qualifications to hold office as stipulated by Chapter Six of the Constitution of Kenya, 2010.
The governor seeks not only a financial settlement but also an unqualified apology from the defendants, along with a permanent injunction to prevent further defamatory publications.
[pdf-embedder url=”https://cms.kenyainsights.com/wp-content/uploads/2024/03/HCCCE0322024-HON-SAKAJA-V-STANDARD-GROUP-PLC-JEROTICH-SEII.pdf” title=”HCCCE0322024-HON SAKAJA V STANDARD GROUP PLC & JEROTICH SEII”]
Reactions from Kenyans
Nairobi Senator Edwin Sifuna called out the governor over his decision, “This is a cowardly attempt to silence critics. We need involved citizens like you to keep the elected honest. The beauty is that Nairobi has 5 million of us. Sakaja cannot sue us all.” He write on X.
Taking to X to express their disgust with the suit, a number have marked it as a SLAPP aimed at silencing Seii and potential ‘defamers’. “This looks suspiciously like a SLAPP suit. Unfortunately these are becoming all too common,” John Allan Namu, renowned investigative journalist pointed out.
“The primary goal of a SLAPP is not to win the case, but rather to use the legal process itself to inflict financial and emotional strain on the defendant. Defamation suits are a common SLAPP tactic,” Lawyer Stephen Mallowah explained.
He continued, “high damage awards in defamation suits can create a chilling effect, making individuals or groups hesitant to speak out on matters of public interest for fear of expensive and lengthy court battles. on matters of public interest for fear of expensive and lengthy court battles. The plaintiff is often a wealthy individual, corporation, or government entity with greater resources than the defendant. The allegedly defamatory statements address issues of public concern, such as criticizing business practices or government actions.“
Some senior lawyers also dismissed the suit as a joke, former Law Society of Kenya (LSK) President Nelson Havi belittled it sarcastically terming it ‘Obtaining fees through false presences’.
Another lawyer Mr Ndong termed it as a suit in futility, accusing the lawyer who drafted if for misleading the governor, “Sometimes I do think some of my Learned Friends mislead Clients in Defamation suits. Definitely won’t succeed.”
Renowned activists also joined to stand in solidarity with Seii and in calling out Sakaja for his move, “You fight out of pain or passion. What’s important is that when Jerotich wins, the public wins. She is fighting for all Nairobi residents.” Boniface Mwangi said.
“We cannot allow criminals and dishonest politicians like Sakaja who are drunk with power to use the courts to intimidate citizens for exercising their rights!” Said Wanjeri Nderu, “Human Rights Defenders and Active citizens have a right to demand for services and accountability from elected officials. Defamation lawsuits are a tactic used by those afraid of exposure to silence critics we must speak up. This is madness!” She added.
Seii has relentlessly criticized the county government and the governor himself for overseeing rising constructions of alleged dangerous buildings in the capital mostly done by the Chinese contractors that she alleges have pocketed the governor.
![Deputy President Rigathi Gachagua arrives in Nakuru for the annual Akurino faithful Prayer Conference at Nakuru Boys' High School. [DPCS]](https://cms.kenyainsights.com/wp-content/uploads/2024/06/60E12B75-55B7-4E39-926E-E5E3751B4B4D.jpeg)
