Kenya Insights

Category: Opinion

  • The High Profile S.M Otieno Court Case Of 1987

    The High Profile S.M Otieno Court Case Of 1987

    By Michael Mundia Kamau

    Silvanus Melea Otieno (S.M. Otieno), was a renowned Kenyan criminal lawyer, who shared the rostrum of top criminal lawyers in Kenya with one Byron Georgiadis, a White Kenyan of Greek descent, best remembered for getting Andrew Mungai Muthemba acquitted in a high profile treason trial here in Kenya in the year 1981.

    Silvanus Melea Otieno (S.M. Otieno) passed away in December 1986, and what followed was a protracted battle over his Estate. At the centre of the battle were S.M. Otieno’s wife Virginia Edith Wambui Otieno, in later years Virginia Edith Wambui Otieno-Mbugua, S.M. Otieno’s younger brother Joash Ougo, and S.M. Otieno’s ancestral “Umira Kager” clan, represented by the then Chairman of “Umira Kager,” Omolo Siranga. S.M. Otieno was a wealthy man, and amongst other things, owned a tasteful bungalow in Nairobi’s upmarket Langata suburb, near Bomas of Kenya, and another property in the equally upmarket Upper Matasia neighbourhood of Ngong, on the outskirts of Nairobi. Wambui said that her husband would be buried at their Upper Matasia property, a decision that Joash Ougo and “Umira Kager” challenged by lodging a temporary injunction at the High Court of Kenya.

    Ougo and “Umira Kager” asserted that it would have been an abomination and a curse for S.M. Otieno to be buried anywhere else other than his ancestral Nyalgunga home, in Kenya’s Nyanza Province. According to Ougo and “Umira Kager,” S.M. Otieno’s properties in Nairobi and elsewhere, were recognised as “houses” or “temporary abodes” under Luo Customary Law, overridden by the fact that Nyalgunga was his home, not his “house.” Ougo and “Umira Kager” further asserted that this extended to Luos who lived overseas and owned properties overseas i.e. that Luos had “houses” and “homes,” and what took precedence in Luo Customary Law was the “home,” meaning that when President Barack Obama’s “time comes,” his properties in Chicago, USA, and elsewhere, will only be given “cosmetic recognition” under Luo Customary Law, and that his final resting place, under Luo Customary Law, should be Nyang’oma-Kogelo in Kenya’s Nyanza Province, next to his father Barack Obama Senior:-) As a matter of fact, in Kenya, three tiers of law are recognised and upheld i.e. Common Law, Customary Law and the Kadhi’s Court. In the circumstances, Joash Ougo and the “Umira Kager” clan, were invoking Customary Law.

    Presiding High Court Judge, Justice Frank Shields, disregarded Customary Law in the circumstances and instead chose to be guided by Common Law in ruling that Virginia Edith Wambui Otieno be allowed to bury her late husband at their Upper Matasia property. Joash Ougo and “Umira Kager” immediately lodged an appeal against the High Court of Kenya ruling at the Kenyan Court of Appeal, and the matter was slated for trial under Justice Samuel Bosire of the Court of Appeal. The trial commenced in January 1987, running until May 1987. Richard Kwach (Kwach means Leopard in Luo), later Justice Richard Kwach, was then a senior partner in the renowned law firm of Hamilton Harrison and Mathews, and represented Joash Ougo and “Umira Kager” in the matter. Representing Virginia Edith Wambui Otieno in the matter was Dr. John Khaminwa, a renowned Kenyan lawyer, who would be detained three yeas later in 1990 for his perceived role in agitating for greater political liberties in Kenya. Both Richard Kwach and Dr. John Khaminwa were and are brilliant lawyers i.e. both are still alive, and the showdown between both men back then in 1987, was like a showdown between e.g. Information and Communication Technology (ICT) icons, Steve Jobs and Bill Gates. It was a charged trial with political undertones that further split Kenya at the time.

    S.M. Otieno was a Luo and his wife Wambui was a Kikuyu. There has always been resentment against Kikuyus in Kenya because of their dominance on the national stage, and almost all of Kenya’s other communities therefore quietly sided with “Umira Kager” from behind the scenes. In between the trial, and what should have been regarded as “sub judice” i.e. the offence of trying to unlawfully influence a court ruling through extraneous means, Kenya’s Vice President from 1964 to 1966, Oginga Odinga, a Luo, wrote a Letter to the Editor of the “Daily Nation” newspaper stating that times had changed, and that Luos needed to embrace change when it came to burial customs, to allow for burial of deceased Luos in any corner of Kenya, or any corner of the world. Oginga Odinga’s Letter to the Editor was given prominence by the “Daily Nation” newspaper which it shouldn’t have been, because the content and substance of Oginga Odinga’s letter was the subject of an ongoing court case, “sub judice” as mentioned. And it does not help that almost all of the senior editors at the “Daily Nation” at the time, were Kikuyus. In particular, the Editor in Chief at the time, of what was then known as Nation Newspapers Limited, was George Mbuguss, a Kikuyu. This only helped to further politicise and polarise the matter. The atmosphere was charged.

    Kenya’s Nyanza Province, broadly speaking, is the home of Kenya’s Abagusii and Luo communities, and the part of Nyanza Province where most Luos reside, is known as Luo Nyanza, and also at the time in Luo Nyanza, Nyakach to be specific, was a python known as “Omieri,” believed to be a bearer of good luck and good tidings. The National Museums of Kenya forcibly confiscated “Omieri” from Nyakach, relocating “Omieri” to the National Museums of Kenya snake park in Nairobi. This only served to further provoke and infuriate a sizable number of Luos, with many Luos now even declaring that three things would happen in the year 1987 i.e.

    1. “Omieri” would be returned to her rightful “ancestral home” in Nyakach;

    2. S.M. Otieno would be buried at his ancestral home in Nyalgunga;

    3. Gor Mahia Football Club would win the 1987 Africa Cup Winners Cup, Africa’s equivalent of Europe’s UEFA Cup;

    Actually, all three were accomplished in the course of 1987, capped spectacularly on Saturday, 5th December 1987, when Gor Mahia Football Cup clinched the 1987 Africa Cup Winners Cup by beating Esperance Football Club of Tunisia on goal aggregate.

    After a four month trial, the Kenyan Court of Appeal ruled, in May 1987, that S.M. Otieno be buried at his Nyalgunga ancestral home in Kenya’s Nyanza Province. It was a bitter sweet victory for “Umira Kager” though, because in the same token, Virginia Edith Wambui Otieno was appointed as the sole Administrator and sole Executor of the Estate of her late husband. “Umira Kager” were therefore excluded entirely as Administrators and Executors of the Estate of S.M. Otieno. S.M. Otieno had actually left a will that he be buried at his Upper Matasia property, which was overruled by Customary Law. Virginia Edith Wambui Otieno did not attend her husband’s burial in Nyalgunga and neither did her children.

    For many years thereafter, many Kenyans in different corners of Kenya, regardless of which community they were from, referred to their rural homes as “Nyalgunga” and to their clans as “Umira Kager,” courtesy of one of the most high profile Kenyan court cases in Kenyan History, and there are still infact a number of Kenyans, today in 2023, who still refer to their rural homes as “Nyalgunga” and to their clans as “Umira Kager” or just plainly “Kager,” so in an interesting way, that case actually united us.

    Virginia Edith Wambui Otieno remarried in 2003 to a guy called Mbugua, a casual labourer, a stone mason, who was young enough to be her grandson. Her marriage to Mbugua didn’t “make sense” on other fronts too i.e. her background was elite through and through i.e. her husband and his background, and her own background too i.e. she was from a wealthy and prominent Kenyan family, the Waiyaki family, who’s patriarch is the legendary Chief Waiyaki wa Hinga. One of her brothers, Dr. Munyua Waiyaki, a medic, a brilliant guy, an articulate and eloquent speaker, served as Kenya’s Foreign Affairs Minister during Jomo Kenyatta’s presidency in Kenya. Another of her brothers once served as the Town Clerk of the City of Nairobi (the equivalent today of Senator of the County of Nairobi), a wealthy guy who even bred and kept horses on a ranch on the outskirts of Nairobi. Her marriage to Mbugua further brought bad blood between her and children which possibly never healed. The marriage was supposed to have been a quiet affair, a quiet occasion, a Civil Marriage, not a Church Wedding, consummated at the Registrar’s Office at the Attorney-General’s Chambers in Nairobi. However Kenyan media got wind of the “Marriage of the Century” and descended on the Attorney-General’s Chambers, forcing the newly wedded couple to hurriedly flee. When the now Mrs. Virginia Edith Wambui Otieno-Mbugua thereafter came under continuous questioning from Kenyan journalists at her Langata Home on whether her marriage to Mr. Mbugua was ethical, she got emotional and tearful at a certain point and fired back at the journalists as follows:

    “At least my Mbugua is over 18 years old… why don’t you instead go and question the many women my age (she was 67 years old at the time) who have boys as young as 17 years old as lovers?”

    She went on: “I have waited too long for a ‘Mr. Right.’ What is a woman supposed to do? I have been of good conduct and polite, yet no man has been forthcoming. I decided not to wait forever.”

    Virginia Edith Wambui Otieno-Mbugua passed away on 30th August 2011. Her husband Mbugua was immediately banished and deported from Wambui’s properties by Wambui’s children with S.M. Otieno, with one of them even remarking, when asked about Mbugua’s whereabouts by a journalist, “We do not even know where that person is.”

    Mbugua was however wise and did not fight back, relocated to the outskirts of Nairobi towards Machakos County, where he had even built rental units, that appear to be one of the things still keeping him going. He remarried, but this time not to a 67 year old woman.

  • Anne Amadi’s Link To Alleged Gold Fraud A Risk To Judiciary Reputation, CJ Koome Must Act Fast

    Anne Amadi’s Link To Alleged Gold Fraud A Risk To Judiciary Reputation, CJ Koome Must Act Fast

    Chief Registrar of Judiciary Anne Amadi‘s link to the Sh130 million gold scam has in the recent times out the reputation of the Kenyan judiciary in bad light given that criminal networks in the fake gold scam has been conning hundreds of millions from foreigners putting Kenya in a row with other countries.

    Amadi has distanced herself from the Sh100 million fake gold scam, saying it was her son who has been managing the law firm linked to the gold scam.

    In a fresh suit seeking to set aside orders that froze her accounts, Amadi claims that she left private practice on January 13, 2014 when she was appointed as the Chief Registrar of the Judiciary.

    Initially, Justice David Majanja was handling the case and  issued orders freezing her accounts, that of her son and two others on the application by Bruton Gold Trading LLC, a company in Dubai.

    Justice Manyanja later recused himself from the case saying he could not continue hearing the case since he sits in the Judicial Service Commission (JSC) where Amadi is the secretary to the commission.

    While standing her ground maintaining that she’s innocent, Amadi’s position is beyond her personal character, she’s carrying the burden of judiciary’s reputation. Kenyans remember when the DCJ Nancy Barasa pinched a guard’s nose, she was forced to resign. What Amadi is being accused of is way bigger than that.

    While weighing in on the case, Narc Kenya leader Martha Karua suggested that the judiciary official should step aside pending the hearing and determination of the matter.

    The case

    Ms Amadi, alongside her son Brian Ochieng, two other Kenyans and a Liberian citizen have been sued by Bruton Gold Trading LLC, a gold trading firm registered in Dubai, which claims to have lost $742,206 between September 22 and October 21, 2021.

    According to an affidavit by the trader, Mr Demetrios Bradshaw, the money was meant for the purchase of 1,500 kilogrammes of gold bars, but the precious metal was never delivered to the buyer in Dubai.

    The other defendants in the case are Andrew Njenga Kiarie, Kikanae Topoti, Daniel Ndegwa Kangara alias Daniel Muriithi and Edward Taylor alias Mboronda Seyenkulo Sakor, a Liberian passport holder.

    Mr Ochieng (Amadi’s son), Mr Kiarie and Mr Topoti are advocates in the law firm, Amadi and Associates, while Mr Kangara was representing a company called Universal Gold Logistics Limited (UGL) and Mr Sakor was said to have been the vendor of the gold.

    In his affidavit, Mr Bradshaw says that in September 2021, he entered into a transaction with Mr Taylor and paid the cash to UGL through Amadi and Associates, who were its legal representatives. Mr Kangara then sent him documents indicating that the gold had been exported and would shortly arrive in Dubai. He was given a flight and consignment number.

    However, when he checked with the airline, he was told no such consignment had been sent aboard the flight. When he checked with Kangara and Sakor, they informed him that the gold had been taken off the plane as there were some payments which had not been made. He then made the payments and they confirmed to him that some 200 kilogrammes of gold would be exported on the October 22, 2021.

    However, Mr Bradshaw says, no gold was ever exported.

    Mr Sakor then informed him that a court order prohibiting the transfer of the gold to him had been issued.

    Mr Bradshaw later learnt that the suit had in fact been filed by one of the advocates from the same firm, but was subsequently withdrawn and that the order that had been sent to him was different from the actual order that had been issued by court.

    He then filed a complaint with the police, who investigated the matter. The investigations showed that the money deposited was withdrawn by Mr Ochieng and one of his partners in the law firm, Mr Kiarie.

    In his suit, Mr Bradshaw says Ms Amadi and the three advocates, on behalf of the firm and in their personal capacity, together with Mr Kangara and Mr Taylor illegally obtained the money from him and wants them compelled to refund the cash, with interest and cost of the suit.

    He says the account into which the money was paid was opened by Ms Amadi. In support, he attaches a letter Ms Amadi wrote to the bank, requesting the opening of a US dollar and Kenya shilling accounts. In the letter to the bank, dated June 9, 2020, and referenced, “Request to open a client account”, Ms Amadi states: Refer to the above referenced matter, hereby requesting the opening of an advocate’s client account at your renowned banking institution. I have since left private practice and therefore exempted from having a practicing certificate, however, I have appointed Brian O. Amadi (Id. No. ….) and Andrew Njenga Kiarie (ID No…) as signatories to the said account….. We would like to open both a Kenyan shilling and a US dollar account. The mandate of the account shall be both of the signatories of the account to sign.

    Also in the court documents is a letter from the Law Society of Kenya, dated March 7, 2022, which states: “We confirm that, according to our records, Kimani James Kinyanjui, Kiarie Andrew Njenga, Kinoti Dennis Murithi and Amadi Brian Ochieng advocates have declared to be associates in the firm of Amadi and Associates Advocates.”

    There’s also a registration certificate from the Business Registration Services, dated August 23, 2022 which states that a law firm by the name, Amadi and Associates was registered on November 9, 2012, and its proprietor was Anne Atieno Amadi.

    Mr Bradshaw states that investigations into the case had revealed that the funds, which were received through the law firm were withdrawn in cash by Mr Ochieng and Mr Ndegwa.

    “Simply put the defendants herein orchestrated a fraudulent scheme to obtain money from the plaintiff,” his lawyer Murage Juma and Company said.

    After getting wind that the matter was being investigated, Mr Ochieng allegedly called for a meeting and committed to refund the money plus losses incurred by the firm, Mr Bradshaw says. The law firm wrote a letter to the trader’s advocates on May 10, last year and forwarded two cheques totaling to $9,000 as a commitment.

    Mr Bradshaw’s advocates accepted the cheques on account that the entire amount would be refunded and requested a proposal on the settlement of the balance.

    In the plaint, Mr Bradshaw claims that Ms Amadi in telephone conversations, made proposals to clear the amount within six months, but this was declined because there was no security.

    Not yet

    Since her accounts were frozen, the embattled judiciary registrar has been making unsuccessful requests to have her accounts unfrozen. This has also been seen quarters as grounds for her to step aside as she could interfere with proceedings by piling pressure on her juniors.

    The circus

    In the latest development, High court has declined to set aside an order freezing bank accounts of the Chief Registrar. She had rushed to Court under a certificate of urgency seeking to lift the freeze order issued by Justice David Majanja on May 18.

    Justice Majanja who sits alongside Amadi at Judicial Service Commission (JSC) recused himself from handling the matter and transferred the case to presiding judge of commercial court Alfred Mabeya.

    Amadi told the court freezing of her personal bank accounts was prejudicial to her and she was unable to fend for her family.

    Justice Mabeya directed the Dubai based company- Bruton Gold Trading LLC to respond to Amadi’s application ahead of the hearing on May 29.

    Corruption in judiciary

    The latest saga which is also rumored to have roped in two other members of JSC is only adding to the many graft scandals that has plagued the judiciary.

    Justice Said Juma Chitembwe was recently sacked over gross misconduct but this is a tip of the iceberg according to judiciary insiders.

    In the wake of Amadi’s tribulation, it is the silence of Chief Justice Martha Koome that has also alarmed others. While she’s naturally a laid back person, she should remind her counterpart to put the institution first ahead of her personal interests. Nobody is saying she’s guilty or not but as she’s pursuing the justice, it would only be prudent to step aside, let the wheels run until determination. But until then, the headlines won’t stop flashing.

    As the president of the judiciary, Koome should stamp the authority.

  • Russia In Africa:…….Until Africa Comes To It’s Senses

    Russia In Africa:…….Until Africa Comes To It’s Senses

    Africa is in intense heat to receive once again one of the countries with the largest economy and influence in the world, Russia. The difference that exists now is that it has not infiltrated Africa to influence its Socialist policies as it was in the early 60s and 70s, but to trade and increase the sphere of influence through the umbrella of Defense and Security.

    In recent years, the security situation in the African continent, especially in the Sahel region and Central Africa, has continued to be unsatisfactory due to frequent attacks by terrorist groups, especially in the countries of Burkina Faso, Chad, Mali, Mauritania, and Niger.

    These attacks led the people in these countries to demand their governments to increase their efforts to counter these groups, so the governments were forced to ask for help from various countries, especially France, which greatly influences these countries. France sent approximately 4,500 soldiers to protect peace in the “G5 Sahel” region through “Operation Barkhane”, which was also unsuccessful as terrorist groups continued to attack those countries.

    The security situation worsened, and resistance started inside and outside the government on how the government deals with countering these groups, thus the situation led to the Overthrow of President Bah N’daw of Mali on 24 May 2021 by his army led by his Vice, Colonel Assimi Goita. The revolution spring spread in Burkina Faso too. The people put their trust in these new military governments in the fight against terrorism.

    What Happened After the Military Governments took over?

    Going back in 2018, a group of mercenary soldiers working in parallel with the Russian government of Wagner sent its troops to Central African Republic (CAR) with the aim of “protecting the leaders and the government” of President Faustin-Archange Touadera which was under threats of violence and revolution from the former president Francois Bozize’ militia. Wagner managed to carry out the tasks failed by the United Nations Mission in CAR(MINUSCA) along with the French army for more than 9 years.

    In 2021, the Government of Mali under Colonel Assimi Goita invited military “trainers” from Russia whom the French government claimed were mercenary soldiers from the Wagner group. This action brought friction between these two countries to the extent that it led to the expulsion of the French ambassador from the country. In February 2022, the French government announced the withdrawal of its forces from Mali, and the people of Mali received the move with joy as they cheered while carrying the Russian flag. This was a sign of the reception of Russia as an alternative to France in the defense sector and the fight against terrorism. This wave arrived in Burkina Faso where its citizens received Russia the same as it was in Mali.

    This tradition offended many Western countries to the extent that the United States announced that Burkina Faso would be removed as a beneficiary from the US-Africa Trade Pact (AGOA) citing a lack of progress towards protecting the rule of law and political pluralism.

    Russia in Africa! What is the goal?

    Focusing on the Defense and Security sector seems to be the card that will give Russia a veto to stay in Africa for a long time, given that conflicts in the African continent seem to be inevitable.

    The Carnegie Endowment for International Peace reported that Chad, Sudan, and Libya have also been collaborating with Russia on security issues. Thus, Success in penetrating to be part of the decisions of these governments of the Sahel region creates a way to influence the entire region of West African countries that have also been affected by the lack of peace in the Sahel.

    In Libya, the warlord, General Khalifa Haftar, has been a close ally of the Russian government as it provides him with experts, drones, and aircraft. This cooperation threats the USA and its NATO allies as Tripoli (Libya) lies 600 miles from the city of Rome-Italy, so if Russia holds Libya, it may inhibit NATO operations in Africa through the Libyan-Italian Corridor as Russia will be at its door too. Therefore, if Russia succeeds in Libya, it will give a veto vote on the discussion of the security of the European continent, especially the Western countries, an issue that seems to be the direction of the way to weaken NATO.

    This infiltration of Russia in Africa is seen as another way to create, mold, and protect leaders who can protect and serve their interests, especially considering its ability to “secure” leaders as in the CAR. It should also be remembered that Russia was accused by the United States of participating and “putting” President Donald Trump in the oval office, If so, they managed to play the US Election system, what about these systems and elections in African countries?

    In July 2023, African leaders will be gathered at St. Petersburg-Russia during the Russia- Africa Economic and Humanitarian Forum to discuss economic cooperation and humanitarian aid. This meeting is expected to add more areas of collaboration, fastening and widening the areas agreed upon in the first meeting of October 2019. This phase is expected to have a greater achievement from Russia’s perspective considering the success of the country in Africa in the defense, security, trade, and investment sectors achieved for more than 4 years.

    Africa’s Perspective on Russia

    As most African governments economic and social development are not among the areas they wish to serve rather than ensuring their survival in the presidency. Since Russia has already demonstrated that it can manage to ensure the realization of their need, it is clear that many leaders in Africa can be “customers of this service” provided by Russia.
    It is worth noting that European countries and the United States entered Africa through the same routes as Russia, especially through elections or revolutions; protected those leaders by using security agencies, civil society organizations, development propaganda, weak opposition parties, the media, loans, and unworkable development plans.

    What these global muscular economic nations are fighting for now, is not for the prosperity of Africa but the power of ownership of those nations in today’s world. Africa is used as a trump card. For them, Africa is just like dice in a game. So suffice it to say that Africa will continue to be played until it comes to its senses.

    About an Author

    Ezra Nnko is a Pan-Africanist, Geopolitical, and International Policy Analyst based in Dar es Salaam, Tanzania. He is available through [email protected] and through
    Phone Number: +255 765 571917 (Call + WhatsApp) +255 784 527018 (Call)

  • Families are Evolving, Embrace and Love them all

    Families are Evolving, Embrace and Love them all

    What is this that irks us about how diverse, different forms of families that we have and continue to emerge? Why do we continue to selectively choose the values that suit us and the community we come from, why do we continue to discriminate against part of the communities, families, groups of people because of the structure of their families?

    Family means a lot more than we think, see and experience. No one should be deprived from essential benefits because they are in a form of a relationship which some people disapprove. What does a family mean to you? Let us change the narrow meaning of a family. A family is not only a father, mother and a child. Families are evolving and its totally okay. We have seen single mother headed households, father headed households among others. Stop pressurising persons that they must be in the nuclear sort of structure.

    Families are supposed to be this safest haven for all of us; whether you’re the father, mother or even the child. But for the longest time, Families have become sources of struggle, pain, abuse, neglect, disintegration, hate, violence.

    A Kenya human rights commission report published in 2011 indicated that 18 percent of lgbtq+ Kenyans had revealed their sexual orientation to their families; of these, 89 percent were subsequently disowned. Countless LGBTQ+ persons create chosen family when they are rejected by their family of origin or when wanting to create families that share their values, aspirations and love.

    Laws and policies should be inclusive and embrace the fact that families are evolving and will continue to. Discriminative laws, structures, programs will continue to discriminate against other forms of families that would not appear as the typical structure that the society has “approved” Our laws should move away from the idea that there is one ideal family form and value all families as they exist. People should be at liberty to create family relationships with the people who provide us with the meaningful support that they need and deserve.

    What does family mean to you? As the world celebrated The UN Day of the family on 15th May 2023 let us challenge the narrow meaning of family. My family has Single mothers, divorced parents, polygamous families, adopted children, sex workers, persons injecting drugs, people in rehab who we miss and wish them well, child headed households, LGBTQ+ members, Intersex children, relatives we took in from the HIV scourge, kids with different dads, surrogate mothers, Children born from IVF, Children born outside marriage and many other groups of people. Messy to you, well not to me, I value them all. We love them all and this should be embraced. This is the alternative, real and the African narrative of families.

    Embracing different forms of family and their structure remains key to ensure no one feels discriminated for what life has to offer. Stop silencing the new, diverse and emerging families because of your perceived structure of what a family should be or look like. Our families and will continue to be diverse, stop invisibilising issues of the different forms of families within laws and policies. What are we really afraid of? What are these family values, community values that we continue to uphold that continue to leave people, groups, families out of the current system.

    Groups that continue to push for the exclusion, discrimination of emerging families must be shut! I continue to urge you to embrace, nurture, the different, diverse emerging families, it could be within your family, yourself and your extended family

    Alvin Mwangi
    Christian Youth Leader
    Nairobi, Kenya
    Twitter: @alvinmwangi254

  • Selective Tax Wars By KRA Bad For Business, Pushing Investors Away

    Selective Tax Wars By KRA Bad For Business, Pushing Investors Away

    In a bid to spur investments, the Kenyan government extended a blanket tax waiver so that businesses merge and increase their operating capacities. Among the beneficiaries of the blanket waivers was NCBA.

    The sum total of the revocation of the tax exemption meant that NCBA bank was to pay KRA in excess of Sh900 million including interest.

    The value of the CBA shares was not quoted during the sealing of the merger deal but market players estimated the value of 53 per cent stake at Sh35 billion.

    This was based on the book value of Sh65 billion at the time the deal was closed, translating to a stamp duty charge of over Sh350 million.

    The Sh900 million KRA is now laying claim to includes interest accrued over the five-year period since the merger was sealed on June 19, 2019.

    During that time, former Treasury CS Ukur Yatani in a letter dated June 21, 2019 said approval had been granted to exempt from Capital Gains Tax the instruments executed in the transfer of shares and the transfer of assets and liabilities relating to the merger of NCI Group PLC and Commercial Bank of Africa Limited.

    This was based on provisions of the Eight Schedule of the Income Tax Act which allowed the merger to be exempted from CGT.

    “By a copy of this letter, the Group Managing Director of NCBA is advised that the approval for exemption of the Capital Gains Tax that was payable on the transfer of shares and the transfer of assets and liabilities relating to the merger of NIC Group and CBA Group has been revoked,” the CS wrote to the acting Commissioner General at the Kenya Revenue Authority.

    “… as well as the letter communicating the approval dated June 21, 2019, and should liaise with Kenya Revenue Authority on this matter.”

    The tax waiver followed legal channels and is legally binding for NIC Bank and CBA bank that merged to form NCBA Bank. Other businesses also benefitted from this merger tax relief.

    True to the plan, the mergers have seen increased businesses, more employment opportunities and more taxes paid to KRA.

    At the time of the merger, the financial institutions that formed NCBA had a total of 26,000 shareholders. According to Bank’s CEO Mr. John Gachora, the same year that the 350 million shillings waiver was awarded, the lender paid 4.4 billion shillings in taxes to the Kenya Revenue Authority.

    In 2021, NCBA paid 6.7 billion shillings in taxes and for the 2022 financial year, the lender will be paying at least 14.3 billion shillings to the taxman.

    However, the government, driven by personal agenda, has now backtracked on its own undertaking. The Treasury last month walked back on its June 19, 2019, decision that approved exemption from Capital Gains Tax (CGT) in the transaction that merged the two lenders through a transfer of shares and assets, forming the current NCBA Bank one of Kenya’s biggest lenders.

    Alarmingly, only NCBA is being targeted in this game of selective witch-hunt. Safaricom also had a tax waiver in the Huawei-CCTV deal.

    It must be remembered that the government is an institution and not the elected leaders of the day who come and go. A government stands for continuity and stability.

    The High Court has meanwhile temporarily protected NCBA from paying taxes on the transaction as the matter goes through hearings and eventually to a determination.

    “That I am satisfied that the application has met the test for grant of conservatory orders at this ex parte stage. Accordingly, prayer 2 of the application is hereby granted,” Lady Justice Mugure Thande ordered in a ruling issued on Thursday.

    If KRA punishes businesses, who will pay taxes to it? How will it collect taxes?

    In 2021 Justice Weldon Korir warned Kenya Revenue Authority to stop killing local companies in the guise of collecting taxes.

    The judge ruled that the taxman has become a monster in itself by killing local businesses over alleged failure to pay taxes which in turn affect thousands of families whose bread winners are rendered jobless once the companies are shut down.

    According to the judge, KRA itself will soon run bankrupt and fail to meet its tax collection targets if it continues with the trend of closing businesses which are supposed to remit the tax.

    “When KRA proceeds to kill businesses in the guise of collecting taxes, it becomes an undertaker and will itself eventually die since its survival depends on the existence of income generating businesses from which it can collect taxes,” ruled Korir.

    The vindictive action by the new regime and KRA is sending a dangerous message to investors on Kenya’s business environment and raising questions whether government policies and agreements are binding or not.

    Such a decision is not only seeing more investors flee the country but is locking out new investors from coming in because they are unsure if government approvals and agreements will stand the test of time going by the precedence being set in the NCBA case

    As a result of the precedence being set, businesses and investors are in constant fear of legally binding decisions by the government being rescinded overnight when office holders in positions such as KRA, Treasury, and Trade are replaced.

    CMC Motors Group announced the sacking of 169 employees after three vehicle brands; Ford, Suzuki, and Mazda, terminated their distribution contracts with the firm.

    The global franchises cited a slowdown in the passenger vehicle segment.

    “As a result of the termination of these distributorship contracts, CMC Group is re-organizing its business to place great focus on the agricultural sector. This will result in a reduction in the number of roles and the resources required to execute the remaining functions. This means that it will become necessary to declare 169 employees redundant,” said CMC.

    Following the termination of the distributorship contracts with the three-vehicle brands, CMC will no longer represent them in Kenya.

    In January British currency printing firm De La Rue announced its exit from the Kenyan market due to economic climate. They had a tax impasse with KRA and opted out.

    The examples of multinationals having issues with unfavorable tax conditions are many.

    This attack on NCBA will not stop at that, it is paving the way for many other businesses to witness increased cases of selective policy shifts and default in business agreements. The end result will be endless court cases, business shutdowns and job losses.

    We’ve seen such vindictive behavior elsewhere and ended badly. Idi Amin used such selective strategies in Uganda and we all know how Uganda’s economy crumbled. Amin summarily decreed the expulsion of Uganda’s “Asian” (that is, Indian and Pakistani) community.

    The Economic War was fought by government officials who overhauled, all at once, whole sections of public life. It was a regulatory war, pursued by authorities who sought to control prices and supervise the conduct of business. It was a war in which a great many Ugandans were unwittingly made into enemies of state.

    The inhumanity of the Economic War was much more widely experienced than anniversary events marking the “Asian expulsion” can acknowledge.

    Robert Mugabe used the same selective methods and we all know how Zimbabwe’s economy crumbled. Government should facilitate and support businesses. Not frustrate and apply selective laws as is being seen in the NCBA case.

    It beats logic why the government would launch an attack on business at a time when Kenya dearly needs and requires investors from locals as well as foreigners.

    If GOK will revoke the tax exemption for CBA & NIC, then all exemptions should be revoked for that entire period. All firms that got the exemptions must be under that same hammer. You shouldn’t revoke an exemption that was done within the law selectively. If it’s a review, review for all companies, and if it is about revoking tax waivers, revoke for all.

    It’s not a matter of paying. It’s the principle. The protection of this principle is KEY because it has the potential for a really negative domino effect if done otherwise to our investment sector. The amount in question is Sh900M. In context, the bank paid Sh14B in taxes and Sh7B to shareholders last year.

    Business success equals manageable risk appetite, whereas we can’t woo investors only to find a retrogressive and vindictive regime akin to Idi Amin which led to the capital flight in UG and paralyzed the economy.

    If investors aren’t confident of trading in a country, the consequence is failure. Ask yourself; Why have the Government bonds failed superbly? Why are investors wary? Why has CMC closed shop and some 150 odd direct employees purged? Why has Delarue closed if not because on unfavorable business environment?

    EABL Woes

    At the same time, High Court in Nairobi has barred Kenya Revenue Authority from pursuing Kenya Breweries Limited (KBL) in an Sh 8.2 billion tax battle triggered by Treasury Cabinet Secretary Ndungu’s revisit of tax waivers by the former administration.

    Justice Mugure Thande temporarily froze the implementation of the Ndung’u directive until the case is heard and determined.

    KBL sued Ndung’u in a battle over Sh 8.2 billion tax abandoned by the previous government on Senator Keg beer.

    KBL, a subsidiary of East Africa Breweries Limited (EABL) states in its case filed before the High Court that Ndung’u has illegally revisited the waiver that happened 19 years ago.

    In 2004, the then Finance Minister David Mwiraria reached out to KBL, with a request that the firm develops a low-cost clean alternative to illicit brew.

    The headache was that men and women were dying in hideouts while consuming killer brews.

    According to Kamau, KBL procured a manufacturing plant worth Sh 1 billion and introduced Senator Keg in 2004.

    In order to ensure that the product was available to low-income earners, the government opted to give an excise duty remission for alcohol manufacturers who used local raw materials for the production of affordable and safe alcohol.

    However, between 2015 and 2016 the government changed the remission rate from 50 percent to 90 percent.  It again changed in 2017 to 80 percent.

    Following the changes, the court heard that KRA demanded Sh 22 billion from KBL. This resulted in a battle before the Tax Appeals Tribunal.

    The government must ensure a conducive business environment unless it is comfortable losing all major business players to neighbouring countries like Rwanda. Tanzania is already poised to takeover as the regional’s economic powerhouse. A number of companies have also been opting for Ethiopia to Kenya.

  • Kaluma’s Family Protection Bill (Anti-LGBTQ+ Bill) is Importing Hate

    Kaluma’s Family Protection Bill (Anti-LGBTQ+ Bill) is Importing Hate

    What is this family that we are trying to protect and from what enemy? Evil? What is this that irks us about how diverse, different forms of families that we have and continue to emerge? Why do we continue to selectively choose the values that suit us and the community we come from?

    The Family Protection Bill (2023) was introduced into the National Assembly by Member of Parliament George Peter Kaluma (ODM) on 6 April 2023.  Under the guise of ‘family protection’, the Bill is actually draconian legislation targeting gay and transgender people in Kenya. The majority of the Bill is lifted from the Uganda Anti-Homosexuality Bill (2023), which was passed by the Uganda Parliament in March 2023 and is awaiting assent by President Museveni. The Kenyan version is poorly written and contravenes various international human rights instruments, the Constitution of Kenya and existing legal and policy frameworks.  

    The mere existence of this Bill poses a serious threat to the lives, safety and dignity of LGBTQ+ people and allies in Kenya and must be resisted on all fronts. Kaluma’s Bill, largely being a process hugely supported by the religious groups from the west aims to increasingly block human rights for LGBTQ+ persons and groups from a view of framing gender rights as a threat to the health, safety and wellbeing of children and the larger community and society.

    These religious groups are conservative, faith-based and operate under the umbrella term ‘anti-gender ideology. Most of these anti-gender groups are international registered and work with local leaders to import hate to its people.

    The primary strategy of anti-gender groups is to manufacture moral panic by crafting easy-to-understand narratives based on misinformation and selective interpretations of human rights, religious teachings, negative cultural beliefs and scientific evidence that create a divided worldview: ‘good people’ vs. ‘bad people’. 

    ‘Good people’ are those who uphold the heterosexual, patriarchal family as society’s core and defend parental authority over the principle of the best interest of the child. They claim to protect children from an alleged ‘internationally-funded agenda’ that seeks to corrupt and harm them – part of this agenda are LGBTQ+, women’s, and children’s rights defenders, labelled as ‘evil’. This narrative is highly effective in creating moral panic andsocial outrage.

    What are these cultural and African values that we keep on being lectured about that we are moving away from? Our Culture also forbids corruption, lying, rape, incest. Access, uptake, enjoyment and provision of freedoms and rights to all Kenyans is a fundamental right. Addressing issues around rights of the sexual minorities; LGBTQ+ is important to ensure no violence or discrimination is witnessed, as well persons are respected despite their sexual orientation.

    The bill creates a perception that LGBTQ+ people, access to Safe Abortion and Sex Education balls up as the enemy. What is immoral about access to life-saving information, service that aims to support adolescents, young people and women when it comes to Comprehensive Sexuality Education, Safe and Legal Abortion, Access to sex and sexuality education including Contraception services? What is this that irks the church, religious leaders about young people getting informed about sex, sexuality issues?

    The bill dissects issues of Abortion, Sex, sexuality, LGBTQ+ support as an imposition of maintaining the family values that discriminate against new kind of family set ups. Why are religious groups obsessed with the LGBTQ+ persons and issues when there are more pressing issues like Sexual Violence, corruption in this nation? Is Kenya governed by the bible or the constitution? Why is there an assumption that LGBTQ+ people are only about sex?

    Young people in all their diversities are engaging in sexual activities, and we need not to pretend that they are not. According to reports, most of the adolescents and young people engage in sex before the age of 12. According to the Kenya Demographic Health Survey (KDHS 2014) 1 in 5 girls is either pregnant with her first child or has had a live birth.

    Access, uptake and enjoyment of Age-appropriate comprehensive sexuality education is being barred by misinformation that sexuality education encourages same sex relations.

    Access to verified, quality and comprehensive information is one of the most sustainable and best ways to ensure we reduce some of the negative outcomes when it comes to reproductive health in particular and health in general. In fact, CSE seeks to give students, the knowledge, attitude, skills, and values to make informed appropriate and healthy choices about their sexuality and lifestyle. Comprehensive Sexuality Education (CSE) involves giving age-appropriate and culturally sensitive sexuality education to adolescents and young people. Access to all Sexual Reproductive health and rights information, services and commodities is a timely and human rights issues as adolescents and young people are going through a lot of social, reproductive health issues.

    Adolescent and young people should receive medically accurate, fact-based information about sexual reproductive health and rights (SRHR) in a structured manner and in a safe environment.

    This proposed bill continues to create a misguided perception in society that lesbian, gay, bisexual and queer individuals are criminals and an outcast; a perception that subsets of the state and religious institutions advance to further perpetuate human rights violation and acts of violence.

    The bill has a section on limitation of rights and freedoms, limiting rights to privacy, freedom of media, association amongst others. Today this bill is proposing to Limit rights and freedoms for the LGBTQ+ persons, next they will limit your rights to have dreadlocks as a man, to walk down in Nairobi how you are dressed.

    I dare say that as a country we are Hypocrites! We only choose the values that suits us, we play to the morality that suits us. Even as a staunch Christian, Nothingdemeans humanity more than Christianity. God loves us all. But religion in all its entirety says and does otherwise, they judge you.

    Kenya is a country, NOT a church! Kenya IS ONLY “CHRSITIAN” when Abortion, Contraception, LGBTQ+ persons, Sex and sexuality issues are involved. Never when these politicians rob the country blind, not when the cops kill people all the damn time, not when our human rights are violated.

    Alvin Mwangi

    Youth Church Leader

    Twitter: @alvinmwangi254

    Nairobi, Kenya

  • NJENGA: Is Ruto-Raila Handshake Imminent?

    NJENGA: Is Ruto-Raila Handshake Imminent?

    By Ephraim Njenga

    Those who ask me whether a handshake between Ruto and Raila is imminent must be the only strangers in town. There would be nothing unusual if such a handshake were to happen. The ultimate goal in Azimio’s protests is politics. There is nothing to do with economics. Anybody who thinks the protests are about the economic mess needs their head checked.

    Both Ruto and Raila know that the demonstrations are not sustainable. Raila cannot sustain demonstrations for four years especially without support from Western countries and without clear grievances or objectives. Furthermore, the protests impact people’s livelihoods and can end up turning even his supporters against him. Hint: Nyong’o yesterday suspended demos in Kisumu.

    As for Ruto, the demonstrations however short-lived are a serious challenge. Don’t be cheated by the bravado you see and hear from KK’s top brass. They are scared as hell. The protests will have a crippling impact on the economy if they continue.

    KK’s supporters will be disillusioned as they will be wondering why the government can’t protect their businesses. The regime can lose support even from its core support base. So the regime must do everything possible to stop the protests.

    It is very naive for anyone to think that politicians have irreconcilable differences based on ideological variations. The only ideology in our politics is the stomach. Nothing unites the politicians more than the stomach. Of course it is necessary to keep their supporters deceived about divisions. That way, the supporters remain divided and excited as politicians play their game.

    Despite all the anti-handshake talk from KK, there is nothing Ruto desires more than a handshake with Raila. The people opposed to the handshake in KK are Mt Kenya leaders. They fear that the handshake will dilute their “shareholding” and influence in government. It will also shrink their relevance in 2027.

    Raila is very much aware of the above. That is why you no longer hear Azimio leaders criticising Ruto directly. They are now criticising Gachagua. This is why you set the ground for a handshake.

    It is the same thing that happened in 2018. Ruto’s side was vehemently opposed to the handshake. So the then NASA brigade used to criticise Ruto while courting Uhuru. Notice the similarity with the current situation.

    A handshake with Raila is the ultimate political prize Ruto can hope for. It will help him consolidate power and provide insurance against possible revolt by Mt Kenya in 2027. It will tame Mt Kenya’s political ambitions. Once it happens, the Mt Kenya leadership will either have to toe the line or be isolated and irrelevant in 2027 politics.

    The outcome of the handshake will even create a possibility of Ruto running nearly unopposed come 2027.

    As for the supporters of the two sides who are zombified to support anything their kingpin does, they will have no option but to support the deal. Sycophancy will never allow them to exercise intellectual independence even when their own lives are threatened by the worsening economic situation.

    In a normal country an economic collapses would weaken the government. But in a country like ours such an eventuality will end up strengthening the government. It is always easy to manipulate hungry and hopeless masses. Politicians also become cheap and are easily bought off.

    A strong opposition in the midst of a crippling economic crisis is the last thing Ruto wants. It can make ruling very difficult. It can even trigger a real revolution. The handshake represents the best way out. It is not a a question of if but when. Most likely the negotiations are already going on.

    In the mean time, Ruto is playing hard to get so that when the handshake happens he will make it appears like it was never his will but his hand was forced by the circumstances. That way the Mt Kenya leadership in KK will be deceived to believe that this is a harmless political move.

    Those who ask me to stop writing about politics and concentrate on economics should look for better use of their time. Politics and economics are two sides of the same coin. As for those who call me a tribalist for mentioning tribes, they are just engaged in escapism. Tribe remains a crucial ingredient in our primitive politics. You cannot ignore it from your analysis in the name or appearing posh.

    Denying reality is foolishness. Acknowledging reality isn’t the same as supporting it.

  • Ijara Constituency Have Gotten Themselves A Gem Of A Leader

    Ijara Constituency Have Gotten Themselves A Gem Of A Leader

    By Abdi Sama Timberlake

    Ijara Constituency has been struggling with lack of progress and development stagnation for a long time but the fate of the great men and women of this wonderful Constituency is poised to change courtesy of the current MP who i will fondly referr to as Hon Sheikhow.

    This youthful , energetic and passionate man has been some sort of a revelation and a blessing to the great people of Ijara and Garissa region by extension. He has shown us that if we entrust leadership position to visionary and development minded individuals then we are poised to thrive as a society. He has once again shown us that we can rid our region of insecurity, unemployment, under development and illiteracy, and obliterate the borders separating clan from clan, tribe from another tribe etc. He has manifested to all and sundry that leadership is not about how large your tribe is or how fat your pocket is.

    Hon Sheikhow has embarked on a journey. A journey to make Ijara one of the best developed constituencies in Kenya. His blueprint and plans for the area is wonderful. Saying its a hope instilling is gross understatement.

    This man deserves unopposed second term and third term and probably a fourth term. What earns someone to be elected and re-elected again is their agenda which honestly Hon Sheikhow has. Its about vision, which the MP has in abundance.

    I have studied Hon Sheikhow closely. He is a true definition of a great leader who is poised to scale up the height of leadership and be successful. Looking at his development record, it’s apparent that the current member of Parliament is gradually becoming a great leader.

    He has not been personal but passionate about his people. His opponents want him look personal and engage them in their empty rhetoric.

  • OPINION: Reject and Report MPs Statements that instigate Violence towards LGBTQ+ Persons in Kenya

    OPINION: Reject and Report MPs Statements that instigate Violence towards LGBTQ+ Persons in Kenya

    By Alvin Mwangi

    The last two months have been characterized by a lot of “events” surrounding the queer community in Kenya. From loosing a fierce fashion designer and LGBTQ+ Activist, Edwin Chiloba to Members of parliament calling for jailing of the LGBTQ+ persons in Kenya. Hate can not even describe what and the amount of online violence that has been poured out this week.

    Statements on jailing, sending LGBTQ+ persons to the forest among other violent statements shared by Members of Parliament towards the LGBTQ+ persons in Kenya should be shunned away from, rejected and reported. That is Violence.

    Edwin’s death, including the hate and the violence from the public that followed has created and sent fear to queer persons in Kenya. What is immoral about living your true self, love? Are we really equal if you can discriminate me? Kill me? Abuse me? Regardless of my sexuality, I am Human, I deserve to live well just like any human around.

    Homophobia is the dislike or intolerance of, or prejudice against Lesbian, gay, bisexual, transgender and Queer (LGBTQ+) people. It is portrayed through homophobic behaviour and actions such as bullying, negative comments, physical attacks, punitive laws and discrimination.

    The Members of parliament (MPs) have instigated violence towards the LGBTQ+ persons through their online platforms. The present long held laws in Kenya make it harder to report a violation as the laws have already created a perception being LGBTQ+ is illegal. We must encourage and choose leaders who support issues that advance our lives, socially, economically amongst other aspects of life. What is this that irks the religious leaders, politicians about Sexuality? LGBTQ+?Being LGBTQ+ is not illegal.

    Kenya is not a theocracy and religious texts, biases should not be used as the basis for or justification of Public policy or any social and health issue. There are three branches of government in Kenya, Your religious institution is not one of them.

    We have seen how the religious groups, leaders and politicians have instigated violence and discriminations through their platforms. They have misinterpreted laws and policies to misinform their audiences. Through this, more violence and discrimination has occurred in manysettings, this has led to manufacturing of moral panic by crafting easy to understand narratives based on misinformation and selective interpretations of human rights, religious teachings, negative cultural beliefs and scientific evidence that create a divided worldview of “good people” versus “bad people”

    Kenya is a country, NOT a religious institution. These government bodies and officials should not be allowed to impose their persona; religious beliefs on a whole country. Kenya is ONLY “CHRISTIAN” “MUSLIM” when issues around sex, sexuality and LGBTQ+ issues is involved. Never when politicians milk this country dry, Only at Homosexuality? Religion should not influence legislation and policy. That is demeaning democracy.

    Homophobia continues to be a major contributor to the ongoing online violence that is experienced by LGBTQ+ People in Kenya and beyond.

    No law should enable for discrimination or violence towards LGBTQ+ people. The LGBTQ+ People experience prejudice in all areas of life, such as health, employment and housing. They are also frequently blackmailed, raped and in the worst cases, murdered. Because the law is used against them, the LGBTQ+ people have no access to protection from this kind of abuse.

    We should not fuel prejudice and use the law to target a group of people we don’t agree with! We all deserve respect. Basic human rights, dignity and respect must be accorded to each and every individual regardless of sexual orientation.

    Any law, policy and even a Constitution of a country should promote diversity, inclusion and tolerance. We are all equal and have right to protection under the law. Embracing diversity of different sexualities is key in ensuring that no violence or discrimination is experienced.

    Alvin Mwangi

    LGBTQ+/Queer Activist

    Nairobi, Kenya

    Twitter: @alvinmwangi254

  • Omogi: How Regime Changes Impact The War On Corruption

    Omogi: How Regime Changes Impact The War On Corruption

    The form of dishonesty or criminal offense undertaken by individuals entrusted in a position of authority, in order to acquire illicit wealth or abuse power for selfish interest is corruption. The vice involves many activities including bribery and embezzlement of public funds.

    In many cases, unscrupulous businessmen bribe government officials especially in the procurement department to take shorter time in to have their contracts approved and lock out genuine competitors.

    But the vice is not only widespread in developing countries like Kenya where the people and the economy are the worst hit, it is also common in kleptocracies, oligarchies, mafia and narco-states.

    Data from 2022 Corruption Index (CPI) shows that many countries have failed to stop the vice as it ranks 180 countries and territories across the globe by their perceived corruptions levels in public sector.

    Scoring on a scale of 0 (highly corrupt) to 100 (very clear), the study reveals that the global average has remained the same for more than a decade at just 43 out 100. Meaning, more than two-thirds have scored below 50, while 26 countries have dropped to lowest scores and 155 countries have either declined since 2012 or made zero significance against corruption.

    Kenya for instance is ranked at position 123 with a score of 32 as the index reveals a serious stagnation across the globe despite each country facing its unique challenges. Even countries in top scoring region, European Union and Western Europe have been stagnant for more than a decade or declined over the past five years.

    But countries with low scores especially from Sub Saharan Africa, Central Asia, Americas and Eastern Europe haven’t been abled to make significant progress due to restrictions and attacks on civic space and basic freedom space which heavily threatens security and stability, democracy and human rights.

    Corruption is rife in public sector especially the National Police Services which is the most bribery-prone institution in Kenya. Recent research has found that 75% of Kenyans believe that most or all police officers are corrupt, and one-in-two Kenyans who have interacted with the police have admitted to bribing them.

    The police force frequently engages in corruption crimes such as false imprisonment, fabrication of charges and abuse of human rights to extort bribes, but are rarely arrested or prosecuted.

    Many leaders are also focused on economic recovery and not fighting corruption which is slowing economic growth through slashing of human capital and spending on education and healthcare.

    In Kenya, corruption is deeply rooted in all almost every sector of the economy with all political outfits yearning for power promising to tackle it head-on to revamp the struggling economy.

    “Leaders can fight corruption and promote peace all at once. Governments must open up space to include the public in decision making – from activists, business owners to marginalized communities and young people. In democratic societies, the people raise their voices to help root out corruption and demand a safer world for all”. Daniel Eriksson, Chief Executive Officer, Transparency International.

    Leaders of previous Kenyan governments have admitted that the country is losing one-third of its budget to the vice. A senior official from the National Treasury once told a parliamentary committee that the country is losing more than $4bn every year.

    There are several reports of top government officials diverting huge sums meant for development projects and education to their personal pockets. And as things stand, many citizens are not surprised by the news of the losses, but by the fact regimes led by different officials embrace corruption by pocketing through kickbacks and bending of procurement regulations.

    Taking 10% of any awarded government tender or inflating project costs are the commonest tricks of dipping into government coffers. Corruption has been reported in all successive regimes with efforts by anti-corruption commission causing ripples in government quarters as sleuths struggle to prosecute corrupt state officers.

    It has resulted to unemployment, high levels of poverty, increased insecurity, kidnappings, cultism and cattle rustling. The regime of the day has emphasized its commitment to de-politicize and remove weaponization of the criminal justice system in its war against graft. It argues that the move will allow the relevant institutions to freely exercise the independence given to them by the Constitution.

    A section of politicians allied to the new administration accused a retired regime of subjectively and wrongfully targeting them with graft charges in the run up to the last general elections.

    But as the as war to defeat corruption rages, the country has also witnessed the Office of the Director of Public Prosecution [ODPP] withdrawing high profile graft cases facing top state officials.

    Critics and opposition politicians questioned the move, independence of the ODPP and the timing of the withdrawals while others have defended the move, arguing that some cases were fabricated by the former regimes for political reasons.

    Some legal experts also argue that withdrawals could be a pointer to the fact that the ODPP was not working independently while prosecuting the cases but was acting under duress from political forces in the past regimes.

    A survey conducted in 2017 showed that 67% of Kenyans do not believe that the government is putting enough effort to curb corruption. The respondents rated the anti-corruption performance of the previous regime as average, while the judiciary and legislative service were rated as poor.

    The current regime has pledged to allow the relevant institutions to freely exercise the independence given to them by the Constitution to prosecute corruption and economic crimes.

     

    Cyprine Omogi is Education Expert and Anti-Corruption Crusader.

  • Economic Advisor Who Was Fired By Two Presidents

    Economic Advisor Who Was Fired By Two Presidents

    “From archives to this day… Kenyans are hoping that the man once rejected by two Presidents still have some magic not yet revealed. Will his bottoms up economic model that has kicked off with Ksh. 500 given to the hustlers- soon prove to be the philosophers stone?”

    In 2003, David Ndii was tasked by former President Mwai Kibaki to develop an Economic Recovery Strategic Plan to bolster the economy under the NARC Government.

    He was to work closely with Governor Anyang’ Nyong’o, who was then the Minister for Planning and National Development. He found a way to avoid being guided through by Nyong’o, as he wanted to get all the credit for the plan.

    “Upon completion of the paper, Ndii handed it over to the then Head of Civil Service Amb. Francis Muthaura, who was also a close confidant of President Mwai Kibaki. When Muthaura shared the paper with Kibaki, the president trashed it saying, “This reads like a first-year economics essay.”

    “President Kibaki then called Joseph Kinyua, who was then Permanent Secretary for Planning, and instructed him to rewrite the paper. Mr. Kinyua brought together a solid team to work on this and the end product of their assignment is what we know today as Vision 2030 Economic Blueprint.

    “Ndii felt slighted. He resulted to spewing sour grapes against Kibaki’s handling of the economy by fighting his economic programs in his regular newspaper columns. He reserved his punches on the infrastructure projects which were being implemented on the strength of the Vision 2030.

    He often referred to the ambitious Thika Superhighway as a white elephant project. Mind you the superhighway has in the last 12 years unlocked in a huge way the economic potential of areas along the 50KM stretch that it cuts through.

    Fast forward to 2008, when President Paul Kagame’s government reached out to Kenya for assistance to recruit top advisors to his administration. The then Rwandan Ambassador engaged Prof. Mutahi Ngunyi to help with the recruitment process, from among the country’s top intellectuals. Ndii was among the people who was recruited in this process, as an economic advisor.

    The salary negotiated with World Bank for Ndii’s services was $20,000, an equivalent of Ksh2 million per month based on current exchange rates. After three Months, allegedly the Rwandan ambassador called Prof. Ngunyi and lamented that he was going to fire one of the guys he had recruited.

    The guy to be fired happened to be Ndii, and the reasons for his firing included incompetence and a condescending attitude. He would abuse members of the mainly youthful team (some of them drawn from Tony Blair’s Delivery Unit). He demoralized the team and he himself could not deliver.

    “The incompetent, problematic man rejected by 2 sitting presidents is now the lead economic advisor; the one energetically pushing a phoney economic model which he has branded as wheelbarrow-nomics,” wrote Pauline Njoroge on Facebook.

    WHO IS DAVID NDII?

    David Ndii (born in Kiambu, Kenya) is an economist, columnist, and author. He is described as “one of Africa’s best-known economists and an outspoken anti-corruption crusader.

    He is a Rhodes Scholar at Oxford University. Ndii holds a doctorate and master’s degrees in economics from Oxford, masters and bachelor’s degrees from the University of Nairobi.

    For several years, he was chief strategist of the National Super Alliance coded NASA.

    He later became an open critic of the economic policy of the Uhuru Kenyatta administration, writing several open letters and tweets criticizing the government’s economic policies and borrowing of loans.  

    Ndii opposed Kenyatta and Prime Minister Raila Odinga handshake project, called the BBI. Together with other activists, he petitioned the High Court of Kenya in the landmark case, which was argued all the way to the Supreme Court of Kenya, leading to the collapse of the Building Bridges Initiative.

    He would go on to support the presidential bid of William Ruto. He subsequently was involved in crafting the Kenya Kwanza manifesto, which was anchored on the bottom-up economic model.

    After Ruto won the Presidency, Ndii was appointed the chairperson of the President’s Council of Economic Advisors (CEA) in President Ruto’s State House. Many are now curious if his economic model will work as anticipated or get a third sacking?

  • Why International Community, Media Giving Ruto Legitimacy Before Supreme Court Verdict Is Dangerous

    Why International Community, Media Giving Ruto Legitimacy Before Supreme Court Verdict Is Dangerous

    By Gabriel Adima

    (IPS) – Once again, Kenya finds itself at a crossroads. The current events in Kenya illustrate how and why electoral malpractices and not democracy and human rights are the leading form of governance in Africa.

    A large number of leaders in Africa, both temporal and spiritual, are not strongly committed to constitutional rule. Every time there is electoral malpractices, especially in Kenya, there are always politicians eager and willing to give homage to a fraud in exchange for appointments to offices.

    What appears to be the hidden agenda is beginning to emerge in Kenya. The very sad events in Kenya have some similarities and connections with the events in the neighboring Uganda.

    There is much blanket talk about peaceful transition of power in Kenya without addressing the Elephant in the room (the electoral fraud). The Rt. Hon. Raila Odinga former Prime Minister of Kenya has rejected the outcome of the Presidential election.

    The fact that four Commissioners have come out and exposed the fraud at the IBEC, the body that is charged with conducting elections in Kenya is a smoking gun. Any attempt by the international community, international media and African governments to offer legitimacy to the Deputy President William Ruto before the Kenyan Supreme Court settles the matter is premature and a dangerous move for the country.

    The current situation in Kenya reminds me of what happened in Nigeria. The scourge of democracy in Africa soon came into scene. The candidate who should have been sworn in as president, Mr. Masudi Abiola, was sent to jail by the military and died there on charges of treason simply for claiming victory in election which many in Nigeria believed Mr. Abiola had won. Former president Obasanjo, was among several politicians who were thrown in jail for questioning the electoral fraud.

    Kenya should stand as a lighthouse for democracy in Africa. Many scholars argue that democracy is not the answer to Africa’s problems. To a certain degree, I agree with such statements that democracy alone cannot guarantee African nations’ happiness, prosperity, health and peace and stability.

    In fact, modern democracies also suffer greatly from many defects. But in spite of the flaws, we must never lose sight of the benefits that makes democracy more desirable than fraudulent elections.

    As for the assertion that Dr. William Ruto won the presidential election “itself stands tainted” the reality of the electoral malpractices is now known in its essence, namely that the Rt. Hon. Raila Odinga former Prime Minister of Kenya has rejected the results of the Presidential elections 2022.

    The contradiction in the presidential results of 2022 demonstrates the misery of Kenyan electoral body (IEBC). This action by the electoral body (IEBC) not only haunts the establishment of democracy, but also creates a hostile environment which can lead to political instability and bloodbaths in Kenya.

    There is a policy move to anoint Dr. William Ruto as President-elect in the Republic of Kenya. Such policy will fail the people of Kenya in their search for harmony among themselves should it accept the current presidential results as the sole voice of the people of Kenya.

    To do so would be to flout international law, to ordain the electoral fraud, or exempt and favor those who messed up the presidential results with their mentors and collaborators.

    The cause of democracy and the enjoyment by the citizens of human rights and freedoms have and will continue to suffer so long as the international community gives support and credibility to electoral fraud across Africa.

    The commitment of indigenous African peoples to protect their interests in peace and through political parties has been impressive and must stand as a leading pillar and vehicle in any endeavor for transformation in Africa towards political development.

    The first African political party to be formed in Africa south of the Sahara was the African National Congress (ANC). It was formed in 1912. Just as the Africans had pinpointed, then confronted, the inequities of the apartheid system of governance through their political parties, these inequities later became the concern of the international community.

    In South Africa, the ANC (having been banned, its leaders imprisoned, killed and scattered in exile), was able, within a very short time after disbandment to assert itself as the voice of the oppressed and win handsomely the first non-racial multiparty elections in South Africa in 1994.

    In agreeing to form a government of national unity, the ANC became a vehicle for transformation towards a milieu of unity, peace, stability and democracy in South Africa.

    Finally, between the Great Lakes and the Horn of Africa, Kenya has been and continues to be an island of peace, despite the challenges facing democracy in terms of electoral malpractices in Kenya.

    Rev. Gabriel Odima is President & Director of Political Affairs, Africa Center for Peace & Democracy, Minnesota, USA

  • Why Reading Can Unlock Better Opportunities For The Youth

    Why Reading Can Unlock Better Opportunities For The Youth

    The United Nations revealed at the beginning of the year that 70% of all 10-year-olds who live in lower- and middle-income countries — like those across the African continent — do not meet the minimum standards with regards to foundational literacy. These standards include the ability to read and understand simple text. As such, many have noted that children in most African countries suffer from learning poverty. It also does not help that recent surveys reveal that the quality of education in Kenyan universities has dropped by nearly 60%. Consequently, many fear that children in the region are falling behind.

    This makes it all the more crucial for kids to effectively learn how to read. However, it’s not enough for them to simply grasp the skill. By learning to love reading as well, children can better practice reading comprehension and appreciation. As a result of this, they can also benefit from countless other advantages that reading brings. Here are a few of them:

    Reading boosts academic performance

    When kids look forward to reading at school, they’re better motivated to concentrate and find it easier to expand their vocabularies. They increasingly understand what they’re reading about, which ultimately strengthens their cognitive development. That’s why today’s schools focus on fostering a love of reading. At Bridge Kenya — which is part of a continent-wide school network— students receive supplementary books based on their literacy needs, as well as digital storybooks that encourage them to read wherever they are. Because they’re given what they need to learn at their own pace, their love of reading grows — and so does their academic performance.

    Reading enhances creativity

    From the Wizarding World of Harry Potter to the tales of Anansi the Spider, The Book Buff claim that books that are fun to read are usually those that spark the imagination. With them, children can visualize and explore unknown worlds, get to know interesting characters, and learn about all the events that bind the two together. This imagination can further sharpen their sense of creativity. It makes children more open-minded — making it easier for them to accept new ideas or even invent and try out ideas of their own. It can even teach them how to think outside of the box thereby enhancing their problem-solving abilities.

    Reading develops empathy

    According to experts in cognitive psychology at Toronto University, those who regularly read can develop higher levels of empathy and compassion. This is especially heightened in fictional works that delve into a diverse range of characters and scenarios. Studies show that reading such stories can even help you understand your feelings, control them, and connect with the feelings of others. Similarly, in surveys by school teachers, children who read or were exposed to fictional books scored best on different empathy tests. By reading all kinds of stories, children can learn about their ancestors and their traditional culture as well as the lives and cultures of those who live far away.

    Reading strengthens family bonds

    Though many people are afraid of losing touch with their children due to generational differences, studies show that reading can remedy this. WebMD points out that parents who read with their children, even before their children can actually read by themselves, can boost brain development. Many stories introduce words that aren’t normally used in everyday conversation, and this can improve their language skills. Above all, though, sharing the experience of reading a story together can deepen the bond between parent and child, create special memories, and form positive associations with reading in their mind. This will encourage children to maintain the habit even as they become more independent.

    Reading’s positive effect on life, especially for children, cannot be understated. As detailed above, aside from being an enjoyable experience, reading is a holistically enriching skill that can complement the youth’s many different needs.

    For more on education and regional updates, please visit the rest of Kenya Insights.

  • OPINION: Did DP Ruto Lie About Over 1M Votes Already Stollen From His Strongholds? He’s Been Caught

    OPINION: Did DP Ruto Lie About Over 1M Votes Already Stollen From His Strongholds? He’s Been Caught

    By George Wekesa

    During a meeting with European Union officials last week, deputy president William Ruto while updating the union on the state of the election preparedness and his confidence in the Independent Electoral and Boundaries Commission(IEBC) in conducting credible elections, the DP sensationally said that he had his own doubts while alleging that already he had information that over 1 million votes from his strongholds have been wiped out of the register.

    Known for making allegations without tabling evidence, the DP who previously called out the opposition leader for seeking external help during elections, pleaded with the EU to intervene in making sure the elections are credible.

    In a subtle rebuttal to the unsubstantiated claims, the commission on Wednesday announced that 246,465 deceased voters have been discovered in the ongoing audit.

    481,711 duplicate records and 226,143 voters registered with IDs that do not validly belong to them were also found.

    The number of registered voters with invalid identification documents (IDs and Passports) was 164,269.

    The total number of voters in the register who risk being scrapped is 1.18 million, the number cited by the DP in his earlier false allegation.

    IEBC contracted KPMG to audit the register and were expected to release the results on 9 June but the new developments has since forced the results announcement to be postponed.

    Ruto has on several occasions claimed that there are plans by ‘deep state’ (even though he’s in the deep state as the DP) to rig the elections. In his most recent panic remark, he claimed that the ‘NSIS’ the national spy agency was working on favoring his opponent Raila Odinga to win the august poll.

    This followed a roadside claim by a PS that the NIS had projected that Mr Odinga would lead the polls by over 60 percent, the cut above that would make him the president.

    The statement ignited fire in Ruto’s belly and went into a tantrums spree. While addressing his supporters, Ruto rubbished the PS and the cited NIS report bragging that as the second in command, he gets all the intelligence briefings after the president and he was privy to all the reports.

    He further told his supporters that the genuine intelligence report that he has puts him ahead of Odinga with 8percent in the August poll. It was appalling to hear a state officer privileged to have such a report breach the code of secrecy and spew it out to the public to stimulate his supporters.

    The hilarious part is that his party UDA write to the NIS seeking for the PS to be investigated and for the clarification on the said 60% Odinga’s lead, the ironies and cut a crosses of the political games are endless.

    NB: The opinions are writers own and doesn’t represent those of Kenya Insights.

  • KENYA: The Irony Of Surplus Power Yet Electricity Is Expensive

    KENYA: The Irony Of Surplus Power Yet Electricity Is Expensive

    In November 2021, Kenya’s electricity demand hit an all time high of 2036 MW, the highest ever recorded in history from a record low 1,661MW in April 2020 at the height of the Covid 19 pandemic.

    After 7 months, a new high of 2051 MW was recorded.

    As per the laws of demand and supply, the price of electricity would then be high, however, there’s a slight catch.

    In June, international headlines beamed that KenGen has surplus energy that it would love to give to cryptocurrency Miners.

    That is something to pause and ponder..

    In a country with exorbitant electricity costs, companies closing because of this and households going for months without electricity because of non – payment, why would the government want to give electricity to outsiders instead of reducing costs.

    The oversupply can indeed shut down the switch off KPLC movement, but it hasn’t.

    This brings up and confirms the claim that KenGen indeed is controlled by Independent Power Producers (IPP) cartels.

    In March KenGen had to defend itself on the allegations of switching off parts of Olkaria Geothermal Power Station to enable IPP owners to supply electricity.

    This shot up the cost of electricity.

    KenGen denied the allegations but it was confirmed by a government report by Energy And Petroleum Regulatory Authority (EPRA). 

    The EPRA report showed that the contribution of geothermal power to the grid has reduced from 46% in January 2021 to 31% in January 2022. During the same period, the contribution of thermal (diesel) power to the grid has increased from 7% to 20%. 

    In 2021, a unit of geothermal power was sold to Kenya Power at an average of KShs 7.19, while a unit of thermal was sold at KShs 32.97.  

    It is clear to see the repurcussions or going the IPP way. 

    In January 2022, Olkaria Geothermal power station produced 425 units of power, but in February it produced just 6 units. 

    How does a power plant move from producing 60 million units in December 2021 to 6 units?

    KenGen is compromised.

    Indeed, it is a slap on the face of Kenyans for the power producer to engage in this economic deception.

    Whilst it seems cool to have surplus power to supply to outsiders for mining Bitcoin, it isn’t great at all to the suffering Kenyan populace to close shops, shut down factories due to high electricity costs which can easily be rectified.

    Reprimand KenGen, shut down IPPs, Switch Off KPLC

  • OPINION: Nathif Jama And Dagana Abdi Ticket, Same Monkeys Different Forests

    OPINION: Nathif Jama And Dagana Abdi Ticket, Same Monkeys Different Forests

    By Abdi Sama Timberlake
    What new ideas , alternative leadership or different style of leadership will a combination of Nathif Jama and his new found political romantic partner Dagane Abdi, a man who is part of the current mess bring on the table? None is the perfect answer.

    As long as we alternate or swing like a pendulum between leaders who have already been given the opportunity to serve the public and squandered their chances to leave an indelible mark on the lives of the people who bestowed their trust and faith on them , Garissa county will never move forward.

    Ok , we are all in agreement that ABK has been a disaster. No one can dispute that unless you living in Utopia land of no common sense but again thinking Nathif will be the ushering factor to a new era of development, growth and prosperity is like waiting for a container ship to arrive safely in Garissa. Not in Mombasa. Absolutely impossible , right?

    Picking Mr Dagane as a running mate will prove to be the straw that broke the back of the camel. There is no way Mr Dagane can cleanse himself and completely disassociate himself with the current regime. He is the poster boy of the ABK administration. Any ills, evil and crime ABK has done is prominently written on the face of Mr Dagane. He is as bad as ABK by default.

    If the great people of Garissa county are truly yearning for change of guard , if Garissa residents wants and are desperate for a change, former Governor Nathif and the current Deputy Governor of Garissa are the last people to parade themselves in front of the people in the name of “agents of change”. Nothing can be further from the truth and reality.

    They are just the same gullible, greedy and corrupt individuals who have been given the mantle albeit in different times but returned unsatisfactory scorecard laden with all the traits of self-catering and self-serving leaders. The forest may change but the monkeys will forever remain the same.

    NB: Opinions expressed represents that of the writer and not Kenya Insights.

  • Why Millions Of Africans Are Right To Resist Mandatory Mobile SIM Card Registration

    Why Millions Of Africans Are Right To Resist Mandatory Mobile SIM Card Registration

    * Any views expressed in this opinion piece are those of the author and not of Kenya Insights.

    In recent weeks, millions of Nigerians have been barred from making calls after the government instructed telecommunications providers to disconnect their SIM cards because they failed to comply with the government directive to register and link them to their digital ID, known as the National Identity Number (NIN).

    Most countries in Africa – 50 nations according to research by Privacy International – and around the world require SIM registration to identify the user.  However, Nigeria has gone further by requiring SIM cards to be registered and linked with a citizen’s digital ID, and therefore with the biometric data that it contains. Nigeria is not alone in doing this: some 30 countries globally require SIM registration linked to digital ID including biometric data such as fingerprints or facial images.

    Such a registration policy excludes many marginalised groups such as some ethnic minorities or migrant workers without ID proof such as a birth certificates, needed to obtain a digital ID. This locks them out from obtaining a SIM – and therefore from mobile connectivity – and from government services that increasingly require mobile or internet service to access.

    Secondly, SIM registration linked to digital ID is causing concerns about privacy rights – not only in Nigeria but also in Uganda, Zambia and Kenya – in the absence of sufficient legal safeguards to protect their data. More so, where there is a historical record of abuse by authorities.

    From our research at the African Digital Rights Network, we believe citizens are right to be concerned. Linking digital IDs and mobile SIMs, and linking these with mobile banking apps and other digital services, is the “unholy trinity” of digital surveillance. When combined with further government or corporate data, this surveillance stack enables governments to track an individual’s real-time movements, transactions, email, voice and social media communications, providing a powerful infrastructure for state surveillance.

    Digital identification is becoming a central component of repressive digital surveillance. In the six African countries we studied, we found governments making major investments in surveillance technologies, not only in digital IDs and SIM registration, but also in CCTV, encryption breaking and car licence plate and facial recognition systems. They also created laws forcing telecom companies to capture and store citizens’ communications for possible state use.

    In Nigeria, that fear was exacerbated in February, when it was reported that President Muhammadu Buhari had allowed security agencies to access the NIN database. The government’s argument for mandatory registration of SIM cards linked to digital IDs hinges on security, and allowing governments to track criminality. However, there is no evidencethat mandatory SIM registration lowers crime or makes a difference in crime detection.

    Everyone wants governments to track the most serious criminals to prevent mass atrocities. But citizens also want governments to respect and protect everyone’s right to privacy. Due to the covert nature of surveillance, and the large power imbalance between the state and the people being watched, there is a clear opportunity to abuse power: our research on surveillance law in Africa shows that most surveillance is conducted on political opponents, business rivals, journalists, civil society activists and low-level criminals. These are all in violation of privacy rights.

    In most African countries including Nigeria, it is also in violation of the constitution, international human rights conventions, and domestic laws which protect privacy of communication. However, branches of the state regularly violate this privacy law, and they do so with impunity, with no accountability for such violations.

    To protect citizens against abuses of their data and privacy rights, robust data protection and privacy laws are needed that provide for independent oversight bodies with the independence, resources and power to monitor surveillance practices, and hold governments and corporations accountable for any breaches.

    Citizens have a right to legal citizenship and to access government services and entitlements. This should not be contingent on a biometric ID system that locks out the most vulnerable, and enables repressive governments to conduct mass surveillance.

    Dr Tony Roberts is a research fellow at the Institute of Development Studies, and a member of the African Digital Rights Network. Ridwan Oloyede is a legal practitioner, research fellow and consultant based in Nigeria, and a member of the African Digital Rights Network.

  • And on the eighth day, He created Divorce. Divorce should be an option

    And on the eighth day, He created Divorce. Divorce should be an option

    As people recite their vows, promises, in church, homes or in the AG’s office, they don’t think of the worst or any time that theymight break up or a time where their relationship might experience challenges and might need to split for the better. Many persons are trapped in abusive, full of hate, toxic, unsupportive relationships, unions, marriages all in the name of “we made our vows before God and Family”

    Addressing these issue pre-formalizing unions and relationships is vital to ensure that couples that choose to take it to the next level agree on what should happen in case a partner becomes violent, the relationship if abusive, toxic or just not working.

    In most of the times, women are on the receiving end, as the extended families blindly blame them with things like “are you cooking well? What about in the bedroom, how are you?” These pressures stemming from societies and our own families and communities try to show that women cant keep “their” marriages in order and shape.

    For the people who are not able to shut external voices out their eyes and ears. Societal pressure can affect one’s decision to still stay due to the amount of questions and blaming that people do receive, as people especially women have been socialised to believe that they need to sort out any issues including violence to keep the marriage and family together.

    Domestic Abuse, violence, toxicity in relationships including marriage affect a person’s mental, physical and emotional state. Not to forget that in some of these relationships and unions there are children who are usually affected by this violence. I have witnessed violence in my family and its not something to smile about. I remember my mother just taking her kids and leaving the house after an altercation. We walked, it was around 11pm, my mum just walking to a better environment. All in all, I salute this woman to date!

    To persons married in church and religious institutions who take a vow before God and “man” its even worse. In some religious teachings and environments, divorce is considered a sin, since marriage is considered a sacred sacrament. In Matthew 19:6: The Bible says so they are no longer two, but one flesh. Therefore what God has joined together, let no one separate .From my simple understanding of this, it means that marriage comes from God and therefore people should not end a marriage.

    And on the eighth day, God should have created Divorce. Divorce should be religiously supported. Let “man” be able to separate. Religious leaders should honor divorcees and not in any way condemn their decisions and actions to leave.

    What is the impact of religion on the outcome of abusive and broken down marriages among its congregants. It is extremely shocking to see religious leaders asking their congregants to stay in abusive marriages and unions and in the end the religious leaders comes to pray at your burial to send you off. What madness!

    Closing yourself up and praying wont end the violence, the cycle of abuse and it some cases that have been reported before it gets worse. Leaving, divorcing, break-ups, taking a break should be emulated. The community including the church should stop condemning divorce when abuse, domestic violence is present. No one in any kind of a relationship, marriage, “come we stay” should experience financial, emotional, physical abuse including misery. Leaving should be an option, Divorce should be an option.

    Alvin Mwangi

    Youth Activist

    Nairobi, Kenya

    Twitter: @alvinmwangi254

  • What if Uhuru deploys military to handle post poll chaos?

    What if Uhuru deploys military to handle post poll chaos?

    With the 2022 political wars now changing tact from verbal attacks to ‘near deployment’ of the most sophisticated weapons either side may possess, August 9 polls remain a battle between President Uhuru Kenyatta and his deputy, Dr. William Ruto.

    The trading of political salvos has heightened since President Kenyatta made it public that he is backing the Opposition Chief Raila Odinga in the 2022 presidential race. Kenyatta is backing the man he beat in both 2013 and 2017 presidential polls but not his deputy William Ruto who backed him (Kenyatta) in those polls.

    Ruto is feeling played and he is in the race to win it against Raila Odinga who he accuses of being President Uhuru’s project. Even pundits belittle their war as a mere imitation of a common scene in dirty politics but it is war and power is at play.

    President Kenyatta has power in hands to make bold moves with it. He started with a hard hitting purge targeted on Ruto allies in the Cabinet, State Corporations, in the two parliaments and Jubilee Party where he kicked them out.

    He has painted the picture perfectly that he can play smooth or even extend military. For instance, Nairobi County which was under Mike Mbuvi Sonko, a corrupt Ruto ally was put under the military man. Sonko was first made irrelevant when his tasks were transferred to Major General Mohamed Badi of Nairobi Metropolitan Services (MNS).

    NMS Director, Major General Mohamed Badi [P/Courtesy]
    Kenyatta’s preference for the military guys has seen him deploy numbers of them in civilian functions so a lot can be expected. Deputy President is alleging that there is a ‘Deep State’ or System that can crash a small man’s dreams but he won’t allow them to steal his vote.

    Ruto must be tough enough to resist anything outside the ordinary politics’ because he is facing an incumbent who has many options to respond to a disputed vote.

    If Ruto’s backyard revolts in protest of the vote then Kenyatta who has suffered many legal setbacks in the run up to the coming polls will have to flex muscles. BBI was seen as his sinister way to amend the constitution, water down presidency and to allow Kenyatta, Moi and Odinga families have a firmer hand on the next government.

    Analysts also argue that Rift Valley may choose to disrupt peace and shutting the busy Nairobi-Busia road that connects the larger Western region, Uganda major parts of East Africa.

    A move like that may result into a serious territorial problem that may go beyond the reach of police thus pushing the president to deploy military he says are effective and his preference for a neat job.

    While speaking to CNN in October 2018, Uhuru emphatically stated that he will not extend his term beyond 2022 but is now backing Odinga and his opponents are accusing him of planning to plant his successor.

    And Ruto alleging that the state may be planning to rig the August vote in favor of Odinga is also a sign that no side will take a loss with humility. Kenya lost more than 1500 lives during the violence that followed the 2007 polls and the president who prefers the military for a neat job may rely on the same.

    In the wise words of Carl von Clausewitz, “War is the continuation of politics by other means”. Whether the military is labeled with that scarlet word ‘political’ is not a concern but restoring law and order.

    Studies have shown that arguments of whether military should be apolitical is confusing and counterproductive. Military has itself become a very intensely political institution especially in regimes where Commanders in Chief ruthlessly muzzle their opponents.

    In May 2020, President Kenyatta picked a new team seen as the one he would prefer to take power when he retires after the August polls. The president made the move after making General Robert Kibochi the military boss. He created history by becoming the first non-infantry to be appointed to that position.

    The Chief of Defense forces who has roots from Nakuru and Nyandarua counties will oversee the 2022 power transition together with Lt Gen Levi Franklin Mghalu (Vice-chief of Defence Forces), Kenya Army Commander Lt-Gen Walter Kopoitan Raria, Kenya Navy Commander Major-General Jimson Mutai and Kenya Air force Commander Francis Ogolla.

    It’s four months to elections and already there are sharp rifts between the supporters of Ruto’s Kenya Kwanza Alliance and the President’s Azimio La Umoja Coalition. This also presents the August poll as a test to Kibochi, the first non-infantry man who made it to the military top against all odds.

    Previous presidents preferred infantry men who are regarded as anchors of any land forces where it’s one of the teeth fighting units. Kenya Army produced Daudi Tonje, Jeremiah Kianga, Jackson Mulinge, Joseph Ndolo and Benard Penfold.

    Others like General Samson Mwathathe and Joseph Karangi who are the only rare fete like Kabochi came were from Kenya Navy. Kibochi was picked for his extensive and great professionalism otherwise he would have retired.

    He is also the first Chief of Staff at the Eastern Africa Standby Force who served with United Nations as Commander of the Kenyan contingent in the United Nations Mission in Sierra Leone in 200-2001.

    Right now his role includes working alongside other State agencies in safeguarding the country’s security and serving as regime protection.

  • The Return of Moral Cop, Dr. Ezekiel Mutua is bad for Creatives

    The Return of Moral Cop, Dr. Ezekiel Mutua is bad for Creatives

    Dr. Ezekiel Mutua has been appointed to the Music Copyright society of Kenya (MCSK). Formerly, Dr. Ezekiel Mutua was the CEO of Kenya Films Classification board (KFCB). In a message considered “heart warming”, he vowed to restore the lost glory in the music industry. Well, if you ask me he is coming to burry it. Burry it from his uncalled for bans of the work of creatives in the Kenyan music industry, just like he did when he was the CEO of KFCB.

    The moral cop or better referred to as Deputy Jesus, Dr. Mutua’swork was filled with a lot of religious biases that banned the work of creatives. Personal biases should not in any way be used to bar the work of anyone, moreover using religion and culture to make it hard for creatives to release their work is totally uncalled for.

    Creatives, both in music and art create content on issues that the society is currently facing. Kenya is a secular state, NOT a church! These ex- government officials should not be allowed to impose their persona; religious beliefs on a whole country. We should allow creatives create and share experiences instead of passing moral judgement on content that they are just meant to RATE!

    In his previous job as CEO of KFCB, him and his team ought to rate content, but he went further to Ban the work of creatives.  The music industry just like the films one is filled with a lot of innovations and creativity. But the moral cop, Dr. Mutua from his past experience has included his personal, religious and cultural beliefs in his job.

    In the past, Dr. Mutua was accused of overstepping his mandate. His work at KFCB in the past was only supposed to rate films and other media. But over the years while he was CEO, he took a censorship crusade expanding his mandate into the internet, music and even forcing cancellation of LGBTQ+ events, movies amongst others.

    TRANSPARENCY INTERNATIONAL and KHRC write to EACC inquiring about EZEKIEL’S MUTUA INVESTIGATIONS.

    We wouldn’t want a case where Dr. Mutua is discriminating secular music and promoting gospel songs because probably in his own view, secular songs are evil and promoting the lack of morals in our society. Before you forget, he was fired from KFCB. How now is another company recycling bad mangoes and believing that the bad mangoes will create tasty juice for the market to be able to consume.

    I am not sure why MCSK, wants to take us for a ride to the past. We have been here before. We have seen how Dr. Mutua has killed and found ways to censor the work of creatives in Kenya. We have seen him in action.

    I am baffled about these institutions, do they check someone’s experience, expertise in the said sector before hiring. What does the EX-KFCB CEO know about music, has he been a singer before? A producer? Rapper? Had a music school? Hmmm, none that I know off!

    In my own opinion, this appointment is a disappointment. The ex-KFCB CEO did nothing for the film industry but ban movies created by global and Kenyan creatives. We should stop elevating mediocrity. Promoting creativity should be his work, not limiting it.

    His moralism, religious beliefs and bigoted views in the music and film industry should not be tolerated or welcomed in any way. He needs to totally stop strangling creatives with bible quotes and lecturing us on morality. We need to continue to challenge impunity.  Such appointments should not be on our watch.

    Alvin Mwangi

    Youth Activist

    Nairobi, Kenya

    Twitter: @alvinmwangi254