Kenya Socialist Democratic Alliance


October 2nd  2003

Deepening crisis within Narc has no immediate solution

By Okoth Osewe
The Kenya Socialist Democratic Alliance (KSDA) has no illusions about the lack of a solution to the deepening crisis currently facing the 9 month old government of the National Rainbow Coalition (Narc) headed by President Mwai Kibai. In our perspectives since the new government took over power in January after the popular defeat of the dictatorship of former President Daniel arap Moi, we have pointed out that Kenyans should not expect dramatic political changes following the Narc take over because the character of the Kibaki regime is the same as that of Moi in the sense that Kibaki took over power on the basis of a rotten capitalist system of government that has failed Kenyans for 39 years. Just like KANU, Narc is headed by a capitalist ruling class whose principle agenda in politics is doing business by looting the State as the public is made to swallow one empty promise after another.

At a time when the new regime should have been involved in the creation of half a million jobs, construction of residential houses, elimination of corruption and implementation of other key promises Narc made to Kenyan voters, wide cracks have emerged between the Liberal Democratic Party (LDP) and the National Alliance Party (NAK), two major partners within the Coalition. Although the main cause of the split has been the purported failure of President Kibaki to honour a secret Memorandum of Understanding (MoU) that was allegedly based on a 50-50 power sharing deal which LDP MPs say they signed with NAK before election, the growing tension between LDP and NAK has polarized the Coalition along distinct ethnic lines.

The Luo dominated LDP is accusing the Kikuyu dominated Democratic Party (DP) within NAK of short changing them especially on the question of the creation of the Post of Prime Minister which, according to the MoU, was supposed to be created through the Constitution and handed over to Raila Odinga, LDP leader also credited for helping Kibaki come to power. LDP is grumbling that top positions within the government have been dished out to Kibaki’s buddies mainly from his Kikuyu ethnic group, some of whom have been plucked from retirement to take over top positions in the government.

The squabbles between the two parties are so serious that they are threatening the writing of a new Constitution that Narc promised, would be in place within 100 days after seizing power. After more than 270 days in power, discussions on the new Constitution by the money guzzling Constitutional conference have been pushed forward to November as clear differences emerged between the delegates. The hottest item at the Constitutional Conference that kicked off in May has been the creation of the post of an Executive Prime Minister, a proposal that Narc agreed upon during its inauguration but which is currently being opposed by top NAK members especially those from Kibaki’s Democratic Party.

The problem is that Kibaki fears that the creation of  PM’s post will undermine his authority by creating “two centers of power”. In a dramatic turnaround, Kibaki has, on two occasions, publicly declared that there will be no PM’s post, a declaration that boardered on dictatorship on how the Constitution is to be written because its implication is that Kibaki has already decided the outcome of the Constitutional conference that was mandated to decide on the issue. In fact, cries of Moi style authoritarianism by the new regime is already in the air with some critics accusing Kibaki of preparing the ground for new political dictatorship in Kenya. Delegates at the Conference are being bribed "Moi style" by anti-Prime Minister advocates within the Kibaki camp to influence their voting paterns. A tug of war is raging between LDP members and DP adherents as to whether the new Constitution should be subjected to a referendum, a process that was not initially part of the Constitutional review process.

The animosity between the ruling Kikuyu elite around Kibaki and Luo MPs around Odinga  is so intense that Dr. Odhiambo Mbai, a lecturer at Nairobi University and former Chairman of the “Devolution committee” that was exploring possibilities of checking Presidential powers at the Constitutional Conference being staged at Bomas of Kenya in Nairobi, was assassinated on September 14th at his house by three gun men suspected to have been sponsored by the “Mount Kenya Mafia” whispered to be running the Kibaki government behind the scenes. Mbai’s assassination immediately threw the Kibaki regime into a state of uncertainty as University students and members of the Luo community took to the streets to protest the assassination. In a kind of deja vu, riot police which Moi used ruthlessly to attack innocent demonstrators calling for political pluralism were sent by the new government to attack and tear gas University students who were protesting Mbai’s assassination.

The East African Standard journalists who published a story about confessions by Mbai's killers were arrested and interrogated by police, leading to huge condemnation of the regime locally and Internationally. One of the journalists has now been framed in court with the crime of "stealing a video tape" containing the confessions by witnesses, the kind of action that was least expected by millions of Kenyans who voted for change. In the confessions, the Standard reported that one of the witnesses named a prominent politician linked to Narc as having bankrolled what was widely seen by many Kenyans as a political assassination. Although the journalist was charged together with a police officer, the politician who was named in the by the suspect has not been arrested for interrogation.

The conflict is being portrayed by the media as one between Luos and Kikuyus
A leading member of the “Luo elders” was quoted in the KANU controlled Kenya Times (18th Sept 2003) as saying that Luos are ready to “spill blood” if Mbai's killers are not found. In fact, members of the Kikuyu ethnic group were expelled from Homa Bay, Mbai's home town. During Mbai's burial on 27th September, riots by angry students demanding explanations from the government became the order of the day. Months before his assassination, the capitalist media repeatedly quoted prominent Narc politicians from LDP accusing Kibaki of having surrounded himself with a clique of Kikuyu bigots who have allegedly shielded the President and who have now become known in Kenya as the “Mount Kenya Mafia”.

The name is reminiscent of the Moi era when a group of sycophants around the former dictator earned themselves the distinction of “KANU mafia”.  Mbai’s assassination came soon after Mr. Mirugi Kariuki, the Minister of Justice and Constitutional Affairs who is also Kibaki’s right hand man, had talked about “political assassinations” as he warned Raila Odinga to tread carefully on the thorny question of Prime Minister. After Mbai’s murder, Mirugi was summoned to record a statement with police. In the story about Mbai's murder carried in the EA Standard, a "top Narc politician" with very dark skin and red eyes" was mentioned as having been behind the murder because Mr. Mbai was "bothering him".

The general arrogance of Kibaki’s closest lieutenants has moved LDP MPs to warm up for fresh battles as they fight for the secrete MoU to be honoured. The Democratic Party (DP), which is President Kibaki’s Party within NAK, has publicly declared a national campaign against the post of Prime Minister, a mission intended to remind Raila and NDP supporters that the battle line has already been drawn. In turn, LDP has charged that NAK is financing a hate campaign against it to portray the Party as the main protagonist in a fragile coalition that is slowly convincing the public that KANU may have been replaced by a new and terrible monster. As open confrontation between Kibaki faction and LDP loyalists continue to play itself in the public domain, LDP has appealed to the Church to intervene so that Kibaki can honour the MoU. The party has declared publicly that it will oppose all government bills in Parliament unless top government officials aligned to Kibaki stop attacking them in public.

Public statements by leading politicians from both sides of the conflict have made the new battle in Narc look like a war between Luos and Kikuyus with Kibaki as the Commander in Chief of the Kikuyu warriors and Raila Odinga at the hilt as Commandante of the Luo battalion. Outside the ruling class, and given the absence of ideology in current Kenyan politics, Kibaki hopes for massive ethnic based support from the Kikuyu ethnic group who are being tuned through the media by Kikuyu chauvinists to see the conflict as the reincarnation of Kikuyu-Luo struggles for political power that dominated Kenyan politics after the acquisition of flag independence in 1963.

On the other hand, Luos believe that they have been short-changed by the Kikuyu on several political deals in the past and that as one of the major ethnic groups in Kenya, it is time for one of their own to be at the top of government. As the future of the Coalition looks bleak, the big question is the character the impending confrontations will take in the coming days and whether the looming LDP-NAK show-down will lead to demonstrations and running battles with police in the streets especially in a situation where Kibaki is likely to use the State machine to suppress pro-Odinga protestors calling for the MoU to be honoured as a condition for lasting peace. In fact, the Luo are simply waiting for Raila Odinga to tell them what to do while Raila is still playing diplomacy with Kibaki, supporting the government on key sensitive issues while at the same time desisting from making explosive statements through the media especially on sensitive issues.  Hawks within DP have called on LDP MPs to quit the government if they are not satisfied with Kibaki's leadership, the same approach the Moi dictatorship used in thrashing internal dissent within the then ruling Party, KANU through open intimidation.   

The situation is not made better by Mr. John Michuki, a Kibaki ally, who declared through the Press that both the MoU and the on going review of the country’s Constitution were irrelevant. According to Michuki’s theory which has been roundly condemned by LDP MPs and media commentators, the purpose of composing the contentious MoU and Narc's pledges about the review of the country’s Constitution before the December elections was to facilitate the defeat of the Moi/KANU dictatorship but not to bring about political changes. This irresponsible utterance prompted the East African Standard daily to demand, in one of its Editorials, that Narc government apologize for having lied to Kenyans that once Moi was gone, the Coalition would introduce a new political dispensation that would transform the lives of Kenyans. Newspapers are filled with stories and analysis to the effect that Narc has betrayed Kenyans.

Corruption scandals in Kibaki's administration overturning public opinion
Mbai's assassination aside, the Kibaki regime has been plagued by a series of corruption scandals that are slowly overturning public opinion about the government’s ability to fight corruption that was rooted during the Moi dictatorship. Karisa Maitha, the Minister of Local government and close ally of Kibaki, is in the middle of a corruption scandal involving irregular awarding of a Ksh 45 million tender at the Nairobi City Council. In a deal that is still not clearly understood, Maitha authorized the awarding of a tender to a bidder that quoted Ksh 12 million higher than the second lowest in the list. The scandal has led to a national call for Maitha’s resignation or his sacking by the President, calls that have been ignored by the new head of State.

Another scandal that Kibaki is yet to address is the payment by the Treasury of Ksh 2.4 billion to “Cowboy contractors” in pending bills that had been questioned by critics last year. The payments were made days before the Public Works Verification Committee finalised its report on the contractors whom the Minister of Roads and Public Works Mr. Raila Odinga, had accused of trying to fleece the government by inflating bills after doing shoddy work.

Since Kibaki took power, an irregular insurance tender of Ksh 100 million at the National Social Security Fund (NSSF) is awaiting to be clarified while at the embattled Nairobi City Council, Salim Onditi, a Councilor at Mathare ward, wrote a letter to Nairobi Mayor Joe Aketch demanding to know why a five man task force that had been formed to collect rent arrears is being paid lavishly after being  expanded illegally to 30. Mr. Onditi, who is the Secretary of the five man Task force, questioned why NCC debt collectors had not been paid their allowances despite having collected Ksh 30 million from rent defaulters. Questions were also raised by Onditi as to why official debt collectors were being paid Ksh 300 a day while members of the task force were getting Ksh 2,000 a day.

In another instance at City Hall, a Clerical Officer was irregularly paid Ksh 300,000 for “emergency rehabilitation of toilets and round abouts” in Nairobi and “relocation of Hawkers” while queries have also been raised regarding unusual payment of Ksh 50,000 to employees attached to Mayor Aketch. Since Kibaki took over power, the Nairobi City Council has been rocked by a series of financial scandals that are tearing to pieces Narc’s pledge to fight corruption with serious credibility problems of the Narc government being planted in the minds of millions of Kenyans who thought that they had voted for change. Interestingly, no action has so far been taken by the regime about the various corruption charges facing its top officials. Instead, Libaki has made a public statement that those involved in corruption are simply testing the new government.   

The corruption scandals are beginning to expose the reality that whatever its outlook, a new capitalist regime cannot clean the rot left behind by former looters because the whole system is decayed. In the case of Narc, the limitation now is that few Kenyan voters understand that the solution does not lie in voting in a new breed of Capitalists to continue with the status quo but in abolishing the system altogether. The extent of corruption is such that the United States, which has Imperialist interest in Kenya, has threatened to withdraw funding for a government computerisation project because the government illegally authorised a local company - IMB Symphony - to begin trials for the project after USaid, a US aid agency, had started installing machines for the same project. Money that changed hands was so colossal that the IBM/Symphony deal went on even after the Permanent Secretary in charge of Governance and Ethics, Mr. John Githongo, questioned it. In condemning the trials, Githongo described it as “inapropriate and potentially embarrassing to the government”. To underline the seriousness of the situation, Mr. Kiertisak Toh, USaid Mission Director, wrote to Mr. Francis Muthiora, Head of the Civil Service, alluding that the government may have been miss-allocating resources that had already been funded by grants.

But that is just the tip of the iceberg. At the Kenya Reinsurance (Kenya Re), Ksh 15,733,633 that was drawn in favour of the National Bank of Kenya between August 14th and 26th this year ended in the pockets of three senior managers well known to the government. The money was stolen through the authorisation of payment for dormant accounts then transferring the cash to the accounts of the senior managers at the firm. When junior employees tipped police about the fraud, the Treasury ordered police to stop pursuing the matter, a sign that the scandals may have involved well connected individuals. The scandal came just as Dr. Margaret Gachara, the Director of the National Aids Control Council, came under pressure to explain why she had forged documents to justify her salary of Ksh 2 million a month, the same amount earned by the President in a country facing deep economic crisis and which was supposed to be rescued by the new government. The Gachara embarrassment was so extreme that it put the government under pressure to force her to step down. No action has however been taken to force her to account for corruption when she was in office.

In “another development”, Mr. Ephraim Maina, the owner of Kirinyaga Construction Company Limited, was paid Ksh 50 million in pending bills after a taskforce appointed by former Finance Minister un KANU, Mr Chris Okemo, recommended last year that the contractor should not be paid any more money in form of pending bills because of shoddy work. While the payment was highly irregular, the interesting angle was that the “Cow Boy contractor” was paid his millions after a goat eating party at his rural home in which the Chief guests were Cabinet Ministers Mr Kiraitu Murungi (Justice and Constitutional Affairs), Amos Kimunya (Lands), Dr Chris Murungaru (Office of President), Mr Joseph Munyao (Livestock), David Mwiraria (Finance), State House Comptroller Matere Keriri and a host of other corporate and private sector top brass.

In the last two years, Kirinyaga Construction has been paid Ksh 3 billion in pending bills under mysterious circumstances. One of the projects which the contractor was paid for was a sewerage contract in Garissa town in North Eastern province, a project that has been confirmed to have been a white elephant. The goat eating party was exposed to the public by Mr. Wycliffe Osundwa, MP for Mumias who was nevertheless, sacked by President Kibaki as Assistant Minister soon after he exposed the scandal. Osundwa blamed his sacking on his attempt to expose the corruption scandals within the new government.
 

Corruption is part of the capitalist system and Kenya is no exception
We will repeat this point once again. Narc is not in a position to fight corruption in Kenya because corruption itself is part of the capitalist system of government that Narc inherited. The main difference is the extent of corruption in different capitalist countries and the crudity or sophistication involved in every corruption scandal. In the advanced capitalist countries, corruption scandals abound because within the system, the ruling class live in an environment which encourages them to loot wealth from the state at the expense of the tax payer. Even in the United States, Britain, Japan and other capitalist powers, corruption continues to be a way of stealing public wealth and Kenya is no exception. A lasting solution to corruption does not lie in the formation of Commissions of Inquiries or anti-corruption authorities but in overthrowing the rotten system that breeds corruption to be replaced by a system where workers who produce wealth can be in control of the activities of State officials. Regardless of what they said before elections, Kibaki and the emerging corrupt Narc ruling class are responsible to nobody but themselves. 

From our view, the crisis within Narc will not be solved by members of the Luo community blaming members of the Kikuyu community or vice versa because strictly speaking, these communities have no control over what the ruling class is doing at the top. Both the Luo and Kikuyu workers must unite together with other communities around a revolutionary Socialist Program that can bring to an end the politics of ethnicity. After 40 years of intensive ethnic politics that continues to split Kenyans as the country's resources are looted by internal and external agents of exploitation, it is high time elements of class politics were introduced in the country. There is no better way of doing this than working towards the formation of a Socialist workers' party that can give direction in a situation where capitalism has failed to deliver after each and every election. Both LDP and NAK MPs may reach a temporary compromise over their current differences to avoid a collapse of the government and new elections. But on a long term, these differences will come back to rock the Coalition because they cannot be solved by tribalism or ethnic chauvinism that dorminates the political thinking of Narc MPs and their supporters.


Published by Kenya Socialist Democratic Alliance (KSDA)
email: harakatips@hotmail.com


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