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LEARNING FROM THE PAST: How to shore up the legitimacy of the 2017 Election

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Learning from the past

Elections are supposed to flip power relations. During an electoral process, a country’s political elites remember their fundamental jobs and are – more than ever – the servants of the people. While campaigns are ongoing, the elites need voters’ support, their attention…and most importantly, their votes. During this time, it is voters who can sit back and evaluate their leaders, deciding whether or not their actions are deserving of another term in office. Over the years and around the world, however, this power structure has often been reversed. In the quest to win and/or retain power, political elites have managed to shape the electoral process to their advantage, creating loopholes and amending laws that dilute public power.

PUBLIC CONFIDENCE IN THE KENYAN ELECTORAL PROCESS

Kenya is no exception to this rule, and voters have taken note. Over the past fifteen years, the Kenyan public’s confidence in elections has dropped precipitously. In fact, between 2005 and 2015, the proportion of Kenyans who strongly agreed that elections were the best way to choose leaders decreased by more than ten percentage points. Unsurprisingly, faith in the credibility of elections has also suffered. In fact, there has never been a time over the last three election cycles (including the current one) when a majority of Kenyans has felt that the last election was completely free and fair.

With the next general election in Kenya scheduled to take place in less than three months, it is critical to think about how to urgently address this marked dearth in voter confidence. An important first step is the assessment of potential vulnerabilities. Reflection about what went wrong last time and what is at risk of going wrong again is useful, not only for policymakers but also for voters, who can and should take time to critically assess whether or not their electoral processes prioritize their roles and voices.

There are, of course, many issues to consider. These include poorly enforced electoral laws, delayed timelines, the lack of intra-party democracy, incidents of pre-election violence, and shrinking space for vigorous public debate on the most contentious and timely election-related issues. At this stage in the electoral cycle, however, it is most urgent to focus attention on the factors that most significantly impacted the credibility of the last election and which continue to haunt this election cycle. Together, unresolved questions regarding leadership and integrity, the Independent Electoral and Boundaries Commission (IEBC), voter registration and the process of counting and tallying threaten the credibility of the upcoming elections.

LEADERSHIP AND INTEGRITY

To begin, the 2013 election was the first to take place under the guiding principles of the country’s new, internationally lauded constitution, itself the result of a decades-long struggle. The constitution included many new provisions that would have a bearing on elections, but one of the most fundamental, overarching issues concerned the qualifications for and conduct expected of state officers. Indeed, Chapter Six of the constitution, devoted to leadership and integrity, is groundbreaking in the context of Kenyan political history, confronting, as it does, some of the most longstanding and deeply embedded obstacles to good governance.

Over the past fifteen years, the Kenyan public’s confidence in elections has dropped precipitously. In fact, between 2005 and 2015, the proportion of Kenyans who strongly agreed that elections were the best way to choose leaders decreased by more than ten percentage points.

Chapter Six fundamentally shifted the relationship between state officers and the people, requiring the former to selflessly serve the latter. Despite the dramatic weakness of the Leadership and Integrity Act that was passed to operationalize Chapter Six provisions, the lead-up to election day in 2013 did include bold efforts to test the letter and spirit of the law. The most notable of these was a lawsuit filed by the International Center for Policy and Conflict and five others, which asked a deeply controversial question: were Uhuru Kenyatta and William Ruto in violation of Chapter Six standards, and therefore ineligible to run for office, based on the International Criminal Court’s indictments against them for their alleged commission of crimes against humanity in the aftermath of the 2007 election?

The High Court’s judgment was disappointing, leaving the public doubting that state institutions were in fact committed to the standards of the constitution. Although the Court claimed that it lacked jurisdiction on matters related to the presidential election, its judgment did define the standard of integrity required by a person seeking public office. According to the Court, such an office-seeker should be beyond reproach and should not have unresolved questions about his/her character and commitment to the national values in the constitution. On the other hand, however, it also ruled that there is a distinction between appointive and elective positions. For the latter, the Court was of the opinion that it is up to the voters to decide who to choose, based on candidates’ “honesty, rectitude, uprightness and scrupulousness.” After the judgment was handed down, a lawyer for the petitioners remarked, “Today marks the official death of one of the chapters in the constitution. That is Chapter Six.”

Uhuru and Ruto were thus free to run for office, and Kenyans were told that questions about their character related to the indictments against them were “a personal issue.”

More importantly, since the substantive issues of the case were never appealed to the Supreme Court, Kenyans were left with an electoral context that was marked by the severe limitations of the candidate pool. After all, the Court had not considered that by attempting to leave it up to voters to decide how strictly candidates should be judged with regard to factors of integrity, it could well be that voters ended up with little substantive choice. With no enforcement of Chapter Six provisions for elective office-seekers, voters could well be faced with a slate of candidates, all of whose characters were tainted by integrity-related problems. The ruling also made it clear that there was little political will to apply the leadership and integrity laws across the board, thus cementing the status quo of elite impunity.

Unsurprisingly, unresolved leadership and integrity issues continue to plague this electoral cycle. In 2016, PricewaterhouseCoopers conducted a survey on the prevalence of economic crimes in the world and found that Kenya topped the list of 78 countries in the study. A shocking one percent of the country’s national budget had been properly accounted for in the previous year. Theft and misappropriation was the most common type of crime. As of 2016, there were 17 MPs who had been charged in court for committing serious criminal offenses, including fraud, forgery, hate speech, rape, corruption and incitement to violence. At least 90 others were under suspicion for graft.

The public has noticed. When asked how much they trusted the ruling party, the opposition and MPs, Kenyans reported significantly low levels of confidence. 

Table 1: Trust in Parliament, the Ruling Party and Opposition Parties

Not at All Just a Little Somewhat A Lot Don’t Know
Parliament 14.7% 28.5% 36.4% 17.1% 3.2%
Ruling Party 16.3% 21.0% 31.1% 29.9% 1.6%
Opposition 21.8% 28.7% 31.1% 15.2% 3.1%

Source: Afrobarometer R6 2014/2015

 

Such findings are telling, and they are especially relevant in the context of upcoming elections. Given the lack of political will to seriously implement and enforce constitutional standards of integrity, the public has little reason to put its trust in the state, or in the electoral process. Without proper enforcement of Chapter Six provisions, voters’ choices are always restricted. Over time, such an environment can lead to increasingly low levels of public confidence. In the long run, this endangers democratic resilience.

In an attempt to address the gaps in Chapter Six enforcement, the IEBC recently convened what is known as the Chapter Six Working Group on Election Preparedness. The group, which includes several state institutions, plans to vet parties’ lists of nominated candidates to ensure that they adhere to the Attorney General’s recently published guidelines. It is unclear, however, what authority this group has to carry out its stated purpose, especially given that the Court’s ruling in the case against Uhuru and Ruto made it clear that the presumption of innocence holds until cases are concluded.

THE INDEPENDENT ELECTORAL AND BOUNDARIES COMMISSION

Closely linked to public confidence in elected leaders is trust in the body charged with administering elections, the Independent Electoral and Boundaries Commission (IEBC). In fact, one study found that public confidence in a country’s electoral management body (EMB) is tied to public faith in the credibility of the election. Specifically, in a paper on Nigerian elections, Nicholas Kerr found,

The strongest correlate of citizen’s perceptions of election quality is the performance of [Nigeria’s Independent National Electoral Commission (INEC)]…when citizens are highly satisfied with the performance of INEC, they are thirty-eight percent more likely to consider the 2007 elections free and fair… But even more importantly, it highlights that ordinary Nigerians associate their evaluations of EMB performance more with their assessments of election quality, despite how strong their partisan attachments may be.

In Kenya, public confidence in the IEBC has fluctuated dramatically over the last five years. At the end of 2012, surveys showed that 70 percent of Kenyans had faith that the IEBC was carrying out its work impartially and 72 percent believed in the Commission’s independence. One month before election day in 2013, 91 percent of respondents said that they had faith in the IEBC’s competence to manage the election and 89 percent believed in the Commission’s impartiality. 91 percent of respondents also said they believed the IEBC was independent enough to conduct the election in a free and fair manner.

These pre-2013 election levels of confidence were a high point for the Commission, which suffered from plummeting levels of public faith after the 2013 election. The drop in confidence was due to a combination of factors, the most notable of which included procurement delays and irregularities in the lead-up to election day, problems with technology during voter registration and on election day, the failure of the electronic results verification system and the subsequent delay in announcing the result. The Supreme Court case challenging the integrity of the entire process, filed by the Africa Centre for Open Governance (AfriCOG) and the Kenyan Asian Forum, also publicly highlighted the multiple technical and administrative problems throughout the process. Indeed, post-election polls revealed a precipitous drop in public confidence in the Commission. In the immediate aftermath of the election, 44 percent of Kenyans reported that they were confident in the IEBC. In Nyanza, only 8 percent of respondents felt this way. By 2015, the figures had not changed dramatically, with 43 percent of Kenyans reporting confidence in the IEBC. Among opposition supporters, 71 percent reported that they did not have confidence in the Commission.

After the judgment was handed down, a lawyer for the petitioners remarked, “Today marks the official death of one of the chapters in the constitution. That is Chapter Six.”

The IEBC has experienced significant changes since the 2013 election. Senior members of the Commission were implicated in a corruption scandal, and a series of opposition protests against the IEBC eventually resulted in the dismissal of all the commissioners. New commissioners assumed office in late December 2016.

The changes seem to have made some difference. A recent poll shows that 72 percent of respondents feel that the IEBC is prepared to conduct a free and fair election. On the other hand, Kenyans are also extremely cautious in their outlooks. In fact, in four of Kenya’s former provinces, more than 20 percent of the population is not sure that the Commission will be able to administer a credible election.

While the high level of public confidence is encouraging, the new IEBC stands at an important crossroads. In order to maintain public faith, the Commission will have to work to show Kenyans that it is serious about avoiding the mistakes that marred the last process and that it is willing to fight to maintain its independence. The signs so far are mixed. The Commission’s decision to cancel the tender process for election technology and engage in a direct award of the contract to the same firm that was partially responsible for the previous set of botched technology raises questions about how well the IEBC has learned from past mistakes. This is compounded by a more recent announcement that the IEBC may proceed with a direct award to a ballot-printing firm. Moreover, recent analysis of the last mass voter registration exercise has revealed serious administrative and technical irregularities. On the other hand, the Commission’s stated commitment to enforcing gender parity in party lists and to enforcing leadership and integrity standards in the vetting of candidates is admirable.

The IEBC is making certain attempts to keep the public updated. It does hold press conferences, and it regularly updates its website with relevant press releases. This information is useful, but the Commission must go further with regard to transparency if it wishes to maintain public confidence. There are several outstanding questions at this stage of the electoral process, the most urgent of which are related to procurement, voter registration, the ongoing audit of the voters’ register, the use of technology, and counting of results. If the IEBC begins to address some of these concerns, it could go a long way in preserving public faith, especially as it is likely that problems will continue to arise as election day gets closer. No election is perfect, but the IEBC’s honest evaluations of its strengths and weaknesses related to current concerns are critical.

VOTER REGISTRATION

In 2013, much of the public’s dissatisfaction with the IEBC was rooted in problems with the voters’ register. The register was shrouded in a certain amount of mystery, with the total number of registered voters in Kenya shifting throughout the electoral cycle. The first sign of the problems to come appeared in February 2013, when it became clear that the final, gazetted register differed significantly from the provisional register released in December 2012. Overall, the register had grown by 12,500 voters.

Without proper enforcement of Chapter Six provisions, voters’ choices are always restricted. Over time, such an environment can lead to increasingly low levels of public confidence. In the long run, this endangers democratic resilience.

While a decrease in the number of registered voters was expected (because the verification and cleaning process would expunge dead voters, multiple registrations, etc), it was unclear how the register grew in size between December 2012 and February 2013. Moreover, there were significant regional changes in the numbers between December and February. These are detailed in the table below.

Table 2: Internal Changes to the Register of Voters

Region Changes between December 2012 and February 2013
Coast +901
Nyanza -15,026
Central +1,848
Rift Valley +67,000
North Eastern +6,604
Western +2,938
Eastern +4,222
Nairobi -50,102

Source: AfriCOG/KPTJ. 2013. “Voter Registration for the 2013 General Elections in Kenya.”

 

These changes became more worrying when the IEBC could not commit to one total number of registered voters. In fact, there were at least six different totals announced during various parts of the electoral cycle.

Table 3: Shifting Totals of Registered Voters in Kenya

Provisional Register (December 2012) 14,340,036
Principle Register (February 2013) 14,352,545
Special Register (March 2, 2013) 36,236
Election Results Total (March 9, 2013) 14,352,533
Green Book Total 14,388,793
Post-Election Register (July 2013) 14,388,781

Source: AfriCOG/KPTJ. 2013. “Voter Registration for the 2013 General Elections in Kenya.”

 

This shifting total, in addition to the IEBC’s assertion that what was known as the “green book” (A green book is an unregulated, manually-recorded list of registered voters. It had been severely criticized by experts.) was being used for purposes of registration, severely compromised public confidence in the integrity of the register. Indeed, the lack of a single, verifiable register breeds suspicion about political influence at worst and basic incompetence of the electoral management body at best.

Doubts around the register have not faded. In fact, the IEBC’s two mass voter registration exercises in the current cycle were rife with problems. These included widespread problems obtaining IDs, problems with dysfunctional and nonfunctional biometric voter registration (BVR) kits, unexplained use of the green book, disorganized registration centres and poorly trained IEBC staff, registration bribery, coercive registration practices and massive amounts of transfers. At the end of these processes, the IEBC announced that the total number of registered voters had grown to 19,749,310, representing a 37 percent increase since 2013.

In the immediate aftermath of the election, 44 percent of Kenyans reported that they were confident in the IEBC. In Nyanza, only 8 percent of respondents felt this way. By 2015, the figures had not changed dramatically, with 43 percent of Kenyans reporting confidence in the IEBC. Among opposition supporters, 71 percent reported that they did not have confidence in the Commission.

The elections law also allows the IEBC to engage a professional firm to conduct an audit of the voters’ register. The stated purposes of such an audit are to verify the accuracy of the register, recommend mechanisms to enhance its accuracy and to update it. While an audit may go a long way in promoting public confidence in the register, the process has thus far been controversial. In addition to allegations that there were irregularities related to the decision to hire KPMG, there is mistrust because of the firm’s lack of expertise in conducting such audits. Indeed, KPMG’s proposed methodology does not reflect internationally accepted best practice for the audits of voters’ registers, and there has thus far been a lack of transparency with regard to KPMG’s progress and therefore its eventual findings.

In addition to these technical problems with registration, the legitimacy of the entire process was cast in doubt when it emerged that the IEBC had cancelled a public tender process for the acquisition of an integrated elections management system in order to give a direct award to a company known as Morpho, the same company that provided the problematic BVR kits in 2013.

The doubts that have arisen as a result of the above issues have been compounded by the IEBC’s refusal to make the register publicly accessible. In fact, the IEBC did not even provide the updated register to political parties during their primaries. The lack of the register made it impossible for parties to confirm that voters were in fact registered, and this contributed to the chaos that characterized the primary processes. The IEBC has also refused to give the data to civil society on the grounds that it cannot release it until after the audit is complete. Without access to the pre- and post-audit data, however, it is impossible for the public to conduct its own analyses and understand the changes.

A related issue is that of the integrated election management system (IEMS) itself. According to the IEBC, the system is meant to be wholly integrated, such that voter registration, voter identification and results transmission are linked. Since the IEMS technology did not arrive until well after the conclusion of registration, however, it is unclear how all the components will be linked, if at all.

ELECTION DAY, COUNTING AND TALLYING

Confidence is also, of course, based on the credibility of results announcements. In 2013, the IEBC used an electronic results transmission system, which was designed to allow polling station officers to transmit results to regional tallying centres and to IEBC headquarters in Nairobi via a secure, digital connection. This system was meant to protect the credibility of the count and prevent the kind of manipulation that had been seen in past elections, which often occurred during the time when tally sheets were being physically transported from polling stations around the country to Nairobi. Unfortunately, however, the system was a spectacular failure. Midway through the counting process, Kenyans watched the stream of live results freeze on television screens. Journalists based at the Bomas of Kenya, which was the national elections centre, referred to it as the Bomas screen saver.

When the electronic system failed, the IEBC again relied on the paper forms, which had to be ferried from all over the country to Nairobi. As expected, the paper forms were highly problematic. Issues with the polling station-level tallying forms (Forms 34) included:

  1. Many Form 34s showed that there were more votes cast than registered voters. In Turbo constituency, Polling Station 69, Stream 2, there were 784 votes cast but only 755 registered voters. In Polling Station 71, Stream 2, there were 741 votes cast but only 716 registered voters. In Kacheliba, Polling Station 112, there were 215 votes cast but only 214 registered voters.
  2. In some Form 34s, only some presidential candidates were listed. For example, in Baringo South, Polling Station 91, Stream 1, it was only the names of Uhuru Kenyatta, Raila Odinga and Paul Muite that appeared. Some candidates were also missing from Form 34 in Baringo South, Polling Station 68, Stream 1.
  3. Many of the figures on the form did not add up. For instance, one of the most glaring discrepancies occurred in Kacheliba constituency, Polling Station 102. Here, the votes cast are recorded as 0, while there are 170 rejected votes and 170 valid votes. In Baringo South, Polling Station 117, Stream 1, there were 133 valid votes and 0 rejected votes, which should total 133 votes cast. The figure for votes cast, however, was 134. In Cherangany, Polling Station 2, Stream 5, the number of valid votes is 332 and the number of rejected votes is 4, which adds up to 336 total votes cast. The number of votes cast, however, was 340. In Turkana North, Polling Station 12, the number of votes cast (340) did not equal the number of valid votes (340) plus the number of rejected votes (5).
  4. There were several instances of changes having been made to various figures on the form, with no authorizing signature next to the change. Such alterations affected individual candidates’ results, the total number of votes cast, the number of rejected votes, the number of valid votes and the number of registered voters. This change had the potential to affect other numbers on the form. For instance, a change to the number of rejected votes would necessarily change the number of total votes cast.
  5. In some forms, there was no figure indicating the number of registered voters. There was no official Form 34 for Polling Station 19 in Turkana Central. Instead, the results were reported on an ordinary piece of paper, which did not include the number of registered voters.
  6. Many Form 34s were missing. There was no Form 34 for Polling Station 84 or for Polling Station 99 in Turkana North. Polling Station 99 did not appear on the list of polling stations published on the IEBC website on February 24, 2013, but it did appear in the paper gazette. Forms 34 for Polling Stations 92 and 113 in Turkana Central were missing.
  7. Some forms did not include results for certain candidates. In Turkana Central, Polling Station 55, there were no results listed for Muite and Kenneth. In Turkana Central, Polling Station 65, there were no results listed for Kiyiapi, Karua, Dida, Muite and Mudavadi.
  8. There were non-identical duplicates of certain forms. In Turkana Central, Polling Station 89, there are 4 nearly identical copies of Form 34. It is unclear whether the numbers on these forms were counted multiple times. In Kacheliba, Polling Station 2, there were two forms with different entries. There were also multiple copies of perfectly identical forms, and it was unclear whether or not these figures were counted more than once.
  9. There were many forms in which it was extremely difficult to determine the exact value of the written figure, either because of the handwriting or because the original figure had been written over with another number. There were an overwhelming number of such cases, and the choice of which number to report was subjective.

The most worrying issues called the very accuracy of the count into question.

The failure of the electronic system was not a complete surprise. In the month before the 2013 election, tests of the electronic systems revealed significant problems. In fact, Sarah Elderkin detailed how a test of the system “had gone horribly wrong.” After one hour, only one of five mock polling stations could successfully transmit results. In this election cycle, the IEBC again plans to use an electronic system. The IEMS, mentioned above, includes results transmission. It is unclear, however, if and when the IEBC will publicly test the kits and publicly explain its plans for the kits’ dysfunction or failure. In fact, one of the most pressing unanswered questions in this cycle is related to proposed back up systems. New amendments to the electoral law allow for the use of complementary registration, identification and results transmission mechanisms, to be used in the event that the technology fails. To date, however, the election regulations only provide vague provisions about using the printed out register for voter identification in cases where voters cannot be found in the biometric list. The regulations do not clarify what, if any, complementary systems will be used in case the electronic results transmission system fails.

The lack of a clear definition of these complementary mechanisms is highly problematic, especially given Kenya’s political history and context. During mass voter registration, the IEBC used the green book in conjunction with the BVR kits. Does this mean that the green book was the complementary mechanism with regard to voter registration? Will the green book be used in addition to the printed out register to identify voters on election day?

Midway through the counting process, Kenyans watched the stream of live results freeze on television screens. Journalists based at the Bomas of Kenya, which was the national elections centre, referred to it as the Bomas screen saver.

There is one significant difference with regard to the law in the current election cycle. The High Court recently ruled that constituency level results for all elections are final and can only be appealed through a court process. The decision nullified Section 83(4) of the General Elections Regulations, which empowers the IEBC to “confirm” results before announcing them as final. The IEBC filed an appeal to the decision, with IEBC Chair Wafula Chebukati stating that constituency level officers could “make mistakes.” The IEBC’s decision to appeal has sparked some controversy, with the opposition threatening that there will be no election if the IEBC does not abandon its appeal and alleging that it means the Commission wants the power to unfairly change results. Civil society has also expressed its reservations about the appeal, suggesting that it erodes public confidence in the IEBC’s commitment to upholding the law.

Given the extreme controversy and suspicion surrounding the announcement of results in 2013 and in other past elections, the IEBC should acknowledge that there is significant public concern around the potential use of manual systems. To promote public faith, the IEBC should explain its rationale regarding the appeal. If constituency level results are erroneous, as Chebukati fears, a court process to address such problems would allow the public to see and understand the issues at hand. It would promote transparency. Surely, this option is better than a closed process in which the IEBC changes constituency results at the national tallying centre.

As it currently stands, it is unclear whether the IEBC and other stakeholders have learned from past elections. If public confidence is a priority, these stakeholders must immediately respond – at minimum – to the above public concerns in an honest and open way, remembering that it is voters who hold the power at this stage of the game, and it is voters who will ultimately decide the credibility of the election. The legitimacy of the upcoming election now hangs in the balance, but there is still time to save it…if only we are willing to learn from the past.

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Seema Shah is an elections expert with experience in North America, Asia and Africa. She holds a doctorate in Political Science, and her research focuses on electoral politics, with an emphasis on electoral integrity and electoral violence.

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The Original Sin: Land, Politics and the History of Ethnic Tensions in the Rift Valley

As the theatre of the politics of succession leading to 2022 plays out in the expansive Rift Valley region, the spectre of the ever-simmering land question looms large. By DAUTI KAHURA

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The Original Sin: Land, Politics, and the History of Ethnic Tensions in the Rift Valley

“Chitap koret,” this is my ancestral land, a Kalenjin from the Sabaot community, one of the nine ethnic dialects that make up the Kalenjin nation, said to me at the foothills of Mt Elgon, in Trans Nzoia County. Sabaots are a pastoralist community and just like the Maasai people, believe in keeping cattle – even the poorest Sabaot must have a cow or two. “Kalenjin believe North Rift especially belongs to them and nothing will change that,” said Kip, my Sabaot acquaintance.

“These people (the Kikuyus) will always be tenants on our land,” said Kip. “They are here temporarily. It doesn’t matter whether the land they occupy has been bought legally or not, was dished out, bought from one of us or any other person, whether it has a title or not. One day they must vacate this land.” Kip said mutual suspicion between the Kikuyus and Kalenjin in the Rift Valley will always abound. “Mark my words,” said Kip emphatically, “just like the Kikuyu don’t forget, we Kalenjin don’t forgive – we will revisit the issue of land ownership in the Rift Valley. We will soon show them who the true owners of the Rift Valley are.” It was an ominous threat.

Every time there is a shift in the political relations at the national level, between the Kikuyu and Kalenjin elites, every time these elites engage in a public spat, the Kalenjin people of the greater Rift Valley allude to foreigners among them who should be ejected. Every time the issue of foreigners arises in the Rift Valley region, the first targets are specifically the Kikuyu people, some of whom have lived in the Rift Valley region for the last 70 years.

Kip said mutual suspicion between the Kikuyus and Kalenjin in the Rift Valley will always abound. “Mark my words,” said Kip emphatically, “just like the Kikuyu don’t forget, we Kalenjin don’t forgive – we will revisit the issue of land ownership in the Rift Valley. We will soon show them who the true owners of the Rift Valley are.” It was an ominous threat.

The genesis of the land quagmire between the Kalenjin and Kikuyus in the Rift Valley region, traces back to the 1940s, which the British colonial government exacerbated by settling the Kikuyus in the area. An annual colonial write-up of 1957 reported, “In common with other Kalenjin people, however, there is everywhere else, dislike of the Kikuyu settlement being established in what is regarded as their district’s sphere of influence in Uasin Gishu”.

Yet, the colonial government had, by the turn of the 19th century, sowed the seeds of discord, when it pushed many of the ethnic communities into reserve lands and squatter camps, to create room for cash crop growing by the European settler farmers in the White Highlands. Central Kenya, Rift Valley and Coast Province were the major culprits in this settler land colonial project.

A pastoralist community, the Kalenjin, however struck an exceptional deal with the settler farmers: provide manual labour in the farms for exchange of grazing rights. But come the mid-1940s, this arrangement was destabilized, because the settler farmers needed more land for their cash crops. Why? World War (II) had ended in 1945 and Europe had decimated most of its agricultural lands for cash crop production. In addition, the Kalenjin people were expanding in population, even as their livestock grew in numbers. They too were demanding more land to graze their animals. This naturally created further tensions.

The first thing the colonial government did in reaction to this agitation by the Kalenjin was, to contain them in squatter camps and deny them grazing land. A warrior-like people, the Kalenjin refused to be squatters in the settler farms. So, in search of pastureland, they trekked off. This migration led them to central Rift Valley, Taita-Taveta and even in as far as Tanzania.

Every time there is a shift in the political relations at the national level, between the Kikuyu and Kalenjin elites, every time these elites engage in a public spat, the Kalenjin people of the greater Rift Valley allude to foreigners among them who should be ejected

To replace the departing Kalenjins, the colonial government brought in the Kikuyus from Central Kenya to work in the settler farms arguing that the agrarian, sedentary Kikuyus were hardworking and attuned to plant cultivation, unlike the “lazy” pastoralist Kalenjin.

By 1950s therefore, Kikuyu population in the Rift Valley had tremendously grown and this greatly upset the indigenous Kalenjin. This is around the time the Kalenjins started agitating for their land and viewing Kikuyus as strangers and intruders. Hence, the temporary halting of more “importation” of Kikuyus from Central Kenya to Rift Valley, according to colonial reports that quoted Mr P.H Brown, the Uasin Gishu District Commissioner (DC), who recommended the stop.

But, no sooner had Brown stopped further Kikuyu migration into the Rift, than his successor revoked the decree. Mr R.S Symes-Thompson pointed out that Kikuyus were central to agricultural success in the settler farms. It is an arrangement that Jomo Kenyatta inherited and perfected when he became first, the Prime Minister in 1963 and, later President in 1964.

When it became apparent that the British would have to relinquish its power in Kenya, they bought between one and three million acres of land to resettle the landless. They also put a caveat to land ownership: any Kenyan would own land anywhere in Kenya, regardless of their ancestral origins and ethnicity. Secondly, there was no free land. If anybody wanted to buy land, it would, henceforth be, on a willing-seller, willing-buyer. It is an arrangement that greatly favoured the Kikuyus and that Kenyatta took to heart and implemented it even better than the departing British. To date, these two decrees appear in the new promulgated 2010 constitution.

To this end, the British colonial government gave Kenyatta’s government 100 million sterling pounds under the Settlement Fund Trustees (SFT) to buy land for the squatters – many of who were Kikuyus. In 1969, fiery Nandi MP Jean Marie Seroney, convened a charged meeting to debate the land question in Rift Valley. The Nandi Hills Declaration was the aftermath of that meeting, which decreed all land in Nandi belonged to the local community, that would henceforth oppose any further acquisition and settlement of Kikuyus in the area.

Moi who was the Vice President and Minister for Home Affairs and was Seroney’s political nemesis, threw him into detention. The Kalenjins have always argued that even when they had money to buy their own land, the Kenyatta government opposed the move. They cite the example of the Makonge (sisal) Farm in Ziwa. The attempt to buy this land was thwarted by the state in 1976, leading to the arrest of Eldoret North MP, the controversial Chelagat Mutai. The farm, instead, was handed to a land buying company belonging to Kikuyus.

In Property and Political Order in Africa: Land Rights and the Structure of Politics, published in 2014 by Cambridge University Press, Catherine Boone, ably tackles the intricate interconnectedness of supra local politics and land ownership in the volatile Rift Valley region.

“The statist land tenure regime (LTG) established in the Rift Valley farming districts by the colonial state was perpetuated and elaborated by the Kanu government after independence,” writes Boone. She says, the government bought the land from the departing European settlers, and allocated the land through settlement schemes to smallholder farmers between 1960–1975. “The rest of the land so acquired was transferred in the form of large estates to high ranking members of the Kenyatta regime entrenching their status as an economic, as well as a political elite.”

Burnt Forest area – which become infamous in December 2007, after some Kikuyu families were trapped in a Pentecostal church and that was set on fire, burning mostly women and their children below 10 years – “become a zone of mostly Kikuyu settlement schemes and was purchased by the state in 1965.” During the highly contested presidential 2007 election, the Opposition coalition led by Raila Odinga, running on an ODM ticket cried foul and accused the Mwai Kibaki led Party of National Union (PNU) of stealing the elections, provoking ethnic cleansing in Rift Valley, especially in areas that were heavily populated by Kikuyu. Burnt Forest became one of the notorious flashpoints of that ethnic warfare.

“Many settlers on the Uasin Gishu and Trans Nzoia Districts schemes were Kikuyu who had previously been employed on European farms in these areas” points out Boone. “Under Kenyatta, the kanu government used its land powers to open the Rift to settlement by peoples and persons who were not recognized by the state as indigenous to these jurisdictions, and who did not claim ancestral or customary rights in these areas.” Boone adds, “Under colonial rule, these people were categorized into state-recognized ethnic groups (the Nandi, Kipsigis, Maasai, Tugen, Elgeyo, Samburu, Marakwet, Sabaot, Pokot Terik, Turkana and so on).”

Catherine Boone who is a professor of Government, International Development and Political Science at the London School of Economics (LSE), makes the point that even after these communities were pushed to the margins of their lands (presumably to create room for the sedentary communities such as the Kikuyu to engage in agricultural farming), the loss (of land) did not decrease, or become less onerous, overtime.

Conflicts over access to land in Kenya’s Rift Valley have marked all stages of Kenya’s national history and shaped each critical juncture, says Boone. “The colonial state expropriated much of what is now Rift Valley Province from the Maasai and other people indigenous to the Rift. The British proclaimed direct jurisdiction over what it designated as Crown Land in the Rift Valley in 1904.”

Boone argues in her book that “the farming districts of Kenya’s Rift Valley Province are some of the most productive and highly commercialized rural zones of sub-Saharan Africa. These districts – Nakuru, Trans Nzoia, Uasin Gishu and Nandi – are territories with high in-migration and high ethnic homogeneity and with settlement patterns and land allocation authored directly by the central state. It is also one of Africa’s worst conflict-ridden rural areas, with a long and bloody history of land-related struggles.”

Once Daniel arap Moi was in control of the state organs, after succeeding Mzee Jomo Kenyatta in 1978, “he used the central state’s land prerogative in Rift Valley to reward its own clients, who were encouraged by the regime to coalesce around ethnic identity, Kalenjin-ness that was centred on indigeneity (autochthony) in the Rift Valley,” notes Boone. “From 1986 on, government forestlands became caisse noire of patronage resources that were used to cement elite alliances and build political support for Moi among Kalenjin constituencies he needed as a mass power base.”

Hence, “evictions of Kenyatta-era forest squatters and the declassification of new forest land opened a land frontier that Moi used to settle thousands of Kalenjin families. Most Kikuyus were expelled from the Mau Forest in the 1980s, so that Kalenjins could move in. Many were allowed to settle south of Njoro.”

In the South Rift, largely composed of the Kipsigis, Kalenjin’s biggest dialect, a simmering anger of volcanic proportions is going on, brought about by the eviction of the Kipsigis people from the Mau Forest beginning 2018. Many were settled there, originally by President Moi in the early 1980s, soon after becoming the second president of Kenya, and for some as late as 15 years ago during the tenure of President Mwai Kibaki. The Kipsigis are now accusing the Deputy President William Ruto of ominous silence, as they are forcefully being kicked out and their property burned.

Daniel Burgei told me the Kipsigis helped marshal Kalenjin vote for Jubilee Party through Ruto, “now he is mum about the evictions. This is very troubling as we watch this whole spectacle in bewilderment. The Kipsigis have been practicing shamba system in the Mau Forest, where the soils are rich, do not need fertilizer and are good for cabbage, maize potatoes and tomato production. They also have been keeping livestock; cows, donkeys, goats and sheep.” Yet, in the process, they have hived huge chunks of the forest by cutting trees, hence destroying the natural environment, all in the name of giving way to farming, said Burgei.

Ruto, like Moi in the 1970s when he was Jomo Kenyatta’s VP is accused by a section of the Kalenjin people of keeping quiet in the face of the long-standing issue of land ownership in the Rift Valley region.

It is significant to note that “the name Kalenjin came into use as a group of designation in Kenya among World War (II) servicemen and ex-servicemen and students in the elite East Africa high schools in Nairobi and Kampala in the 1940s. “This ethnic consciousness of being Kalenjin was rooted in the native-stranger distinction. In very part, it was produced by the land tenure regime. The form of ethnic consciousness and mobilization that developed in Kenya was not the consciousness of all the people.

“When (former President Daniel arap) Moi led the efforts to amalgamate the political organization of the state-recognized tribes of the western Rift Valley in early 1960, he called the umbrella group the Kalenjin Political Association (KPA).” Boone adds that when the colonial government lifted the ban on indigenous politics, Kenya African Democratic Union (KADU) took over the interests of KPA.

“By the time of the February 1962 Lancaster House constitutional negotiations, “the rifts between Kanu and Kadu were…deep and deeply felt…During the talks, Moi would repeat that the people of Kalenjin were prepared to fight and die for their land.” Boone reminds us all, that “Kalenjin first appeared as an official ethnicity on the Kenyan census in 1979, Moi’s first year as a president. Moi promoted Kalenjin identity in the 1980s and 1990s as an ethnic designation to transcend the narrower, older colonial-era identities of Nandi, Kipsigis, Elgeyo, Tugen, and so on.” These ethnic consciousness of being a Kalenjin, says Boone was driven by the sensitive land politics of the Rift.

This consciousness has had the effect of creating a peculiar “tribalism,” in the Rift Valley land politics “namely that in it was almost wholly a consciousness of being, either a Kikuyu or not-Kikuyu.”

If the 1960s and 1970s were decades of consolidation of the Kenyatta regime which sidelined those claiming ancestral land rights in the Rift Valley and “inserted” African settlers into Rift Valley farming districts, the 1980s and 1990s were a reversal of these settlements. Forced to accept plural politics in 1991, by the West, his erstwhile allies in the Cold War era, Moi mobilized the Rift Valley constituencies, “along an axis of competition that pitted indigenes of the Rift Valley against settlers who had been implanted by the Kenyatta regime.”

Boone observes that the Rift Valley politicians tapped into existing land-related tensions in which the central state was directly implicated as the author and enforcer of a contested distribution of land rights. “This conflict found direct expression in electoral politics at the national level. Political rhetoric that pervaded Nandi, Nakuru, Uasin Gishu and Trans Nzoia districts dwelled on how land was lost to the Europeans was never recovered and how under Kenyatta ‘black colonialists’had been allowed to buy up land that rightfully should have belonged to indigenous communities.”

Prof Boone gives the example of Likia location, in Molo division, Nakuru District, “where most land belonged to Kikuyus in the early 1990s, local Kalenjin politicians reminded the people of the past ownership of the land and encouraged them to reclaim it.”

On January 10, 2019, a former Molo MP, Joseph Kiuna held a press conference in Likia area of Molo and reminded the Kalenjin that they had not forgotten what they had done to the Kikuyus in 2007/2008post-election violence (PEV). “All this time the Kikuyus have been pretending that they had forgotten and moved on,” said Kip. “We Kalenjin are very much aware they have not forgotten anything.” Even though thousands of Kikuyus were internally displaced – up to 600,000 people were dislocated from their homesteads in the greater Rift Valley during PEV, by the marauding Kalenjin warriors – many a Kikuyu nevertheless returned to Rift Valley. The allure of fertile soils, the armistice arrived at between Ruto and Uhuru Kenyatta and a desire to go back to their lands, which they had occupied for many years, was greater than the ominous existential threat of a repeat “ethnic” attack on their farms.

And the Kikuyus have had big group farms ranging between 1000 and 3000 acres in Trans Nzoia and Uasin Gishu Counties. 35 kilometers from Kitale town are the better known Gitwamba and Munyaka Farms located at the foothills of Mt Elgon, bordering Mt Elgon Forest. Most of the Kikuyus who settled here were from Nyeri and its environs. Endowed with black alluvial soils, the farms are very fertile. Since settling there, decades ago, the Kikuyus have grown beans, cabbages, carrots, potatoes, tomatoes amongst a host of other horticultural crops. Markets days in Iten, Kitale, Matunda, Moi’s Bridge and Soy are filled with fresh produce from these farms. As fate would have it, in Trans Nzoia, it is Gitwamba – which in Kikuyu language means a flat, rich plateau with fertile soils and Munyaka which means to be lucky – that were the first flashpoints of ethnic upheavals in 1991. They have remained so to date.

The 1991 ethnic clashes were instigated, organized and executed by Moi’s Kanu regime which suddenly felt under siege from the multi-party advocates. Hoping to tap into their age-old grievances of land ownership and aware he had kept mum as land in the Rift Valley was being parceled to Kikuyus and other communities, by the Kenyatta government in the 1970s, Moi allegedly encouraged the Kalenjins to “reclaim” their land from foreigners, in exchange for their support to further cement and consolidate his grip on state power. By foreigners, he meant the Kikuyu people.

The other Kikuyu farms in TransNzoia are: Wamuini Farm A, the 1,000 agricultural land near St Joseph High School on the Kitale-Ndalu Road. Wamuini Farm B, formerly Mabonde Farm that was called mabonde – Kiswahili for denes, because of its ridges and valleys. There is also Meru Farm bought in the early 1970s. It is near Kitale showground, adjacent to the posh Milimani Estate. The other big farms owned by Kikuyus are Kiirita, Makui and Weteithie Farms. Weteithie, which in Kikuyu means self-help. All these farms were bought through land-buying companies with loans from Agricultural Finance Corporation (AFC). They include Mwihoko, which means hope in Kikuyu, Ngwataniro-Mutukanio, Nakuru District Ex-Freedom Fighters Organization (NDEFFO) and Nyakinyua, which was President Kenyatta’s favourite cultural dancing troupe made up of women.

The 1991 ethnic clashes were instigated, organized and executed by Moi’s Kanu regime which suddenly felt under siege from the multi-party advocates. Hoping to tap into their age-old grievances of land ownership and aware he had kept mum as land in the Rift Valley was being parceled to Kikuyus and other communities, by the Kenyatta government in the 1970s, Moi allegedly encouraged the Kalenjins to “reclaim” their land from foreigners, in exchange for their support to further cement and consolidate his grip on state power. By foreigners, he meant the Kikuyu people.

In Trans Nzoia, other Kikuyus acquired land through SFTs, formerly white farms, given ostensibly to “landless people” by Jomo Kenyatta government. In Uasin Gishu County which borders Trans Nzoia, there is a replica of Munyaka Farm, today referred to as Kimumu-Munyaka Farm, located on the Eldoret-Iten Road. The more famous Ya-Mumbi Farm is on the Eldoret-Kapsabet-Kisumu Road. Rukuini and Kondoo Farms are near Burnt Forest. Kimuri and Kiambaa Farms are not far from Eldoret town. Rukuini and Kondoo, just like Gitwamba and Munyaka in Kitale, have remained focal points of “ethnic wars” since 1991.

After the violent uproar that took place in Eldoret North following the controversial 2007 general election, many Kikuyus living in Uasin Gishu County, abandoned their farms in Turbo 30 km from Eldoret town and went to live in town, at Langas estate, the sprawling Kangemi-type ghetto located on the Eldoret-Kisumu highway, just after the Eldoret Polytechnic. Kangemi is a slum on Waiyaki Way, seven kilometres from Nairobi city centre. Stephen Kiplagat, who was born and bred in and whose family still lives in Langas told me that it is today estimated to be 85 per cent populated by Kikuyus. “My family is one of the very few Nandi families that still reside at Langas, the rest are Kikuyus.”

Five Nandi families originally owned Langas. Many of them started parcelling the land and selling it mostly to Kikuyus from the 1980s. Two factors drove this sale: the Kikuyu desire for a plot of land and the fact that they had ready cash to buy the land. With the money, the departing Kalenjin bought land in Kitale, Soy, Turbo and Ziwa so that they could engage in agricultural and livestock farming.

I went to school in Kitale in the 1980s, then it was a one-street settler town and that is where I first heard the phrase “revisiting the issue.” A prominent Kalenjin businessman, (he later become an influential politician in President Moi’s inner circle and today he is retired), said in my presence: “We’ve only leased the land to them (Kikuyus), they should be knowing that…we’ll soon revisit that issue.” When the push for multiparty elections in 1991, appeared inevitable, Moi’s monolithic Kanu one-party dictatorship relented to political pluralism, but not before igniting “ethnic” skirmishes in the Rift Valley.

Kip told me, “resources are becoming scarcer by the day in the Rift Valley region and our people would like the land issue in the Rift Valley region prioritized as a matter of national political discourse.”

The first wave of Kikuyu settlers in Trans Nzoia district first appeared as colonial civil service workers in the mid-1940s after the World War II. The next group showed up in the mid-1950s. These were Kikuyus running away from the Mau Mau insurgency and capture by the British colonial police. Many of them converted to Islam and assumed new identities. Indeed the first Kikuyus to settle in Kitale town were Hamisi Saidi and Hussein Ramadhan. They had taken up Islamic names and soon became petty traders in town.

Resources are becoming scarcer by the day in the Rift Valley region and our people would like the land issue in the Rift Valley region prioritized as a matter of national political discourse

Kigotho Njuguna, Mbugua Gachani, Danson Kangonga Mbugwa, John Muchuri, Wanguhu Githiomi (who hailed from Kijabe) and Peter Kinyanjui – one time Democratic Party of Kenya (DP) point man in Trans Nzoia) formed part of the earliest pioneers of Kikuyu settlers in Kitale. DP was an opposition party once led by Mwai Kibaki, the third President of Kenya. The others were: Lawrence Waweru, Kirima Githaiga, David Kiberu, Waigi Mwangi (originally from Ngecha in Limuru) and Apollos Mwangi. All these men are dead and many of them hailed from Nyeri district.

As the theatre of the politics of succession leading to 2022, plays out in the expansive Rift Valley region, the spectre of the ever-simmering land question looms large. William Ruto, like his predecessor Moi, and not Seroney, finds himself in a dicey position of canvassing the entire Kalenjin vote, amid unsettled land ownership saga that remains an unresolved issue.

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The History Kenya Forgot: Untold World War II Stories

The sinking of SS Khedive Ismail suffers from the same historicity issues that World War II, in general, suffers from in former colonies. It was a war (mainly) away from home, driven by issues that most of the one million Africans who enlisted had little or nothing to do with, at least at a socio-cultural level. By OWAAHH

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The History Kenya Forgot: Untold World War II Stories

Before 2:30 pm on 12th February 1944, everything on SS Khedive Ismail was as normal as things aboard a troopship could be. In the music room on the upper decks, someone was playing the Warsaw Concerto on the grand piano. In the lower decks and the cargo hold, which had been converted into barracks mainly for the black soldiers, it was hot and humid. Both spaces would become death traps within a matter of seconds, and the grand piano, a weapon.

A lookout, probably bored out of his mind, noticed a periscope peeking from the water. He raised the alarm, alerting the gunners to the position of the Japanese submarine deftly charging towards SS Khedive Ismail. The troopship was on a routine mission to deliver troops, mainly East Africans, from Mombasa to Colombo in Ceylon (now Sri Lanka) before their onward journey to Burma (now Myanmar). It was part of a convoy codenamed KR8, which had begun its journey from Kilindini port in Mombasa a week earlier.

The alarm was a little too late. Just as the gunners opened fire, the submarine fired four torpedoes. Two missed, but the other two found their target. The first struck the engine room. The second hit the boiler room. The troopship listed, and in less than two minutes, disappeared under the water. The other troopships and the destroyers in the convoy, codenamed KR8, barely had time to react or help. They fled to safety before two destroyers doubled back to face the Japanese submarine and to rescue survivors.

As the troopship sank, survivors clutched onto whatever they could get their hands on. The Japanese submarine, I-27, hid beneath them as the destroyers in the convoy doubled back and tried to hit it with depth charges, killing even more of the survivors. The submarine was eventually forced to surface, and one of the destroyers, Palladin, rammed into it. The hit breached the destroyer’s hull, forcing it to retreat and leave the work to the other destroyer in the convoy, the HMS Petard. The Petard’s torpedoes hit the submarine at 5:30pm, three hours after SS Khedive Ismail had sunk. The sub broke into two and sank with everyone on board.

Aboard the SS Khedive Ismail before the sinking had been 1, 511 people, 996 of whom were members of the 301st Field Regiment, East African Artillery. Only 215 people would make it out alive. The survivors were rescued once the submarine had been sank and moved on to Ceylon, where they got survival leave for two weeks before rejoining the war effort.

Of the 1, 296 people who died that day, only four of them were given a proper sea burial. The rest were left in the shark-infested waters, far from home and virtually forgotten.

***

The sinking of SS Khedive Ismail is the subject of Brian J. Crabb’s 1997 book Passage to Destiny. In an email conversation, Crabb says his interest stems from his father, Percival Crabb, who “…was a fortunate survivor of the sinking, escaping through an open porthole with his leg still in plaster!”

In the book, Crabb includes an extensive appendix with all the names and ranks/roles of everyone, black and white, on board the doomed ship. The list of East Africans, mainly from Kenya, Uganda, and Tanzania, takes up several pages. The troops are ranked by names, rank, and number. That’s all we know about Warrant Officers Alfani Ndagile, Kathuka Ndajo, Mua Kilonzi, Muema Ileli, Selemani Mzee, Shabani Mbaraku and Siligwi Mwita. The seven of them were the highest ranking enlisted men among the hundreds of East African troops who died that day. Most of the East African casualties were gunners.

The sinking of SS Khedive Ismail suffers from the same historicity issues that World War II in general suffers from in former colonies. It was a war (mainly) away from home, driven by issues that most of the one million Africans who enlisted had little or nothing to do with, at least at a socio-cultural level.

When World War II began, there were only 2,900 men in the Kings African Rifles (KAR). The real threat of an Italian invasion from Ethiopia, and the entry of Japan into the war, drove the need for fast mobilisation.

Although the Great Depression (1929-1939) was a relatively prosperous time for Kenyan farmers, it gutted the settler economy and the colony’s budgets. Job opportunities in urban areas and farms dwindled, and crime levels in the former rose for a time. Combined with the crop failure of 1939, it meant that the best option for young men was to join the military. Any able-bodied man could enlist, although there had been restrictions as late as 1941 based on ethnicity. The Pioneer Corps, for example, were initially recruited from Western Kenya.

The sinking of SS Khedive Ismail suffers from the same historicity issues that World War II in general suffers from in former colonies. It was a war (mainly) away from home, driven by issues that most of the one million Africans who enlisted had little or nothing to do with, at least at a socio-cultural level.

In his memoirs, Fan to Flame, John G Gatu, the future Reverend and Moderator of the Presbyterian Church of East Africa, writes that he joined the armed forces because he was unemployed. Gatu joined the Signal Corps and served in Ethiopia and Somaliland. Like Gatu, Waruhiu Itote (General China) joined the military because he was unemployed and “to escape the boredom”.

For some, the economic benefits were a result, not a motivation, of being recruited. Kenya’s first four-star general, Jackson Mulinge, accidentally found himself in the military after he chose the wrong day to go to Machakos to sell a chicken. A recruitment officer grabbed the teenager and conscripted him, marking the beginning of a journey that would see him climb up the ranks over the next three decades.

The contracts the new recruits signed stated that they would be discharged “after the cessation of hostilities”. Most of them were in their early 20s, still single, and because of the education policies at the time, barely literate, if at all. By the end of the war, in 1945, there were nearly 100,000 Kenyans in the military either as members of the Kings African Rifles or the Pioneer Corps, a successor of the Carrier Corps.

Being a soldier meant a steady income and other benefits, such as being exempt from excruciating hut and poll taxes. It also gave the soldiers a common martial identity as well as exposed them to unprecedented trauma and horrors that would also go largely undocumented.

In the heat of war, despite concerns from the settler community about everything from labour supply to the economic and security risks, thousands of Kenyans were trained, armed, and deployed to fight in Northern Kenya, North Africa, and Asia. They were all enlisted men, meaning they could never rise beyond the rank of Warrant Officer. That would be one of the challenges in the lead up to and immediate aftermath of independence two decades later.

Discipline was still enforced mainly with corporal punishment. Major infractions were punished with a kiboko, while cowardice was punished with execution. There were at least three incidents of retaliation, once when a sergeant shot and killed three officers, and then when two enlisted men were executed for shooting officers and wounding others with a grenade.

In 1945, a quarter of those who survived the war were discharged. The demobilisation went on for two more years, which meant that tens of thousands of young men who had seen war and death were expected to resume their pre-war status. The Kenya that the veterans returned to had barely changed, but they had. They had not only seen the perils of war but they had also been exposed to a new lifestyle, and had had a steady income and developed new habits. Gatu, in his book, offers that the war was the beginning of unparalleled drug use among the troops. Every week, the soldiers would be issued with matches, soap, and cigarettes.

But they were also liquid and most of them were still young, single and raring to go. Studies of the post-war period mention a rising discomfort with the power held by chiefs and elders, as well as inflation in the social scene as bride price was hiked.

In 1945, a quarter of those who survived the war were discharged. The demobilisation went on for two more years, which meant that tens of thousands of young men who had seen war and death were expected to resume their pre-war status. The Kenya that the veterans returned to had barely changed, but they had.

The money they had made could not last forever. Many of them applied for trade, shop and transport licences, only to be met by a racist bureaucracy that expected them to fall back to wage labour, primarily in agriculture. Some re-enlisted into the Kings African Rifles, while others struck out in new businesses. Others, like my grandfather, used the training they had obtained during the war to eke out a living as health officers and drivers.

A number of the former soldiers were involved in the political upheaval of the late 1940s and the 1950s, but not to as significant a level as one would imagine. Dedan Kimathi, the de facto leader of the Mau Mau, was only a soldier for a month in 1940 before he was dishonourably discharged for violence and drunkenness.

Some rejoined the KAR and other disciplined units, but a large number disappeared into the normalcy of reserve life.

What’s less acknowledged in our history books are the number of enlisted men who died or suffered during the war, and the trauma the survivors came home with. Because a large number of the survivors did not have any formal education, and there was little interest in chronicling their experiences, we can only glean aspects of them from scattered memoirs and academic studies. Several memorials and cemeteries in major towns celebrate their lives and sacrifice, but very few black soldiers are named.

The sinking of SS Khedive Ismail was also problematic because of its magnitude; it was the single largest loss of East African troops, and third worst Allied mercantile shipping disaster of World War II. Publicizing it in the immediate aftermath would have affected recruitment and morale as the sinking of SS Mendi during World War I had done with South African troops.

What’s lesser acknowledged in our history books are the number of enlisted men who died or suffered during the war, and the trauma the survivors came home with. Because a large number of the survivors did not have any formal education, and there was little interest in chronicling their experiences, we can only glean aspects of their experiences from scattered memoirs and academic studies.

Despite Kenya’s central role as the home of the East African force, the Eastern Fleet, and also as a war front with Italy, the war itself is merely a footnote in the events that followed in the next decade. Thousands of enlisted men who died for a cause they didn’t necessarily believe in remain mainly nameless and unacknowledged. The unit that suffered the heaviest losses, the 301st Field Regiment, had been formed just two years before and had already served in Madagascar. The only thing that remains in their memory is a plaque at the Nairobi War Cemetery. Few of the thousands of Kenyans who died on different fronts and missions are named, and their stories have all but disappeared. Even the wounds of war, such as the bombing of Malindi and the Italian excursion 100km into Kenya, are now mere footnotes in history.

It is a significant gap in our military history, and if the lacklustre coverage of our eight-year war in Somalia is anything to go by, a part of our national ethos.

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Game of Thrones: Will William Samoei Ruto Ascend to the Presidency in 2022?

As the battle of 2022 politics reaches its crescendo it seems that the Kenyatta II succession is unfolding in the mould of the Kenyatta I succession. Is history repeating itself? Will William Samoei Ruto, like Daniel arap Moi, ascend to the presidency? By AKOKO AKECH

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Game of Thrones: Will William Samoei Ruto Ascend to the Presidency in 2022?

David Murathe’s cameo appearance in the drama of the Kenyatta II debates seems to have provoked many questions about the Uhuru Kenyatta succession: Is the Kenyatta II succession unfolding in the mould of the Kenyatta I succession? Is history repeating itself? Will William Samoei Ruto, like Daniel arap Moi, ascend to the presidency, either in spite or because of opposition to his ambition by a cross-section of the Gikuyu elite? Does Ruto have a historic date with destiny, one that has all the marks of Moi’s tribulations, and complete with a happy ending? And what will Ruto do if the Kenyatta II courtiers were to force a crown of thorns on his head instead?

Intrigued by Murathe’s declaration of a multi-pronged war against William Ruto’s ascension to the presidency, one might be tempted to quickly dust off Joseph Karimi and Philip Ochieng’s 1980s’ potboiler, The Kenyatta Succession, which details the machinations of a cross-section of the Jomo Kenyatta era chauvinistic Gikuyu elite’s opposition to Moi’s ascension to the presidency.

Dusting off Karimi and Ochieng’s The Kenyatta Succession may be a good idea, despite the misgivings of both Bart Joseph Kibati and Professor Micheal Chege about the veracity of the existence of the Ngorokos as a stand-by assassination squad under the command of some of the then Nakuru-based powerful Gikuyu civil servants opposed to Moi becoming the second president of Kenya.

Still, the current presidential succession battle retains some of the complicated dynastic plots of the Kenyatta Succession: the heady State House courtiers’ cocktail of conspiracies, intrigues, jealousy, greed, ambition, betrayal, revenge, back-stabbing, murder, and the spectre of all-consuming political violence. Like Moi, Ruto is viewed by the ethnic chauvinists either as a temporary guest or a gatecrasher in the presidential succession party.

@HistoryKE, a history buff, who runs an online museum of Kenya’s colonial and post-independence history, posted some facts about the 1976 Change-the-Constitution movement’s rally in Nakuru. At this historic rally, some of the most rabid of the Gikuyu, Embu and Meru Association (GEMA) ethnic chauvinists, MPs and cabinet ministers, such as Kihika Kimani, Njoroge Mungai, Njenga Karume and a few of their allies from other ethnic communities, held a historic rally to openly ratchet up their opposition against the then Vice President Moi’s constitutional ascension to power in the event of the death of Jomo Kenyatta, the then sitting president.

Still, the current presidential succession battle retains some of the complicated dynastic plots of the Kenyatta Succession: the heady State House courtiers’ cocktail of conspiracies, intrigues, jealousy, greed, ambition, betrayal, revenge, back-stabbing, murder, and the spectre of all-consuming political violence. Like Moi, Ruto is viewed by the ethnic chauvinists either as a temporary guest or a gatecrasher in the presidential succession party.

The tweets drew varied responses. One Kioko@Done_Dusted retorted, in part, “Give us a break with your Ruto obsessions subtly disguised as history…”, to which @HistoryKE responded, “Sir. Please re-read my article and stop seeing shadows behind every bush,” a response that seems rather evasive about @HistoryKE intentions. The tweet seemed to speak so eloquently to the present political debates, which had been provoked by Murathe’s no-holds-barred attack on Ruto, who was assumed to be the undisputed Jubilee Party’s flag-bearer for the next presidential election, and the successor to Uhuru Kenyatta.

It’s tempting to draw parallels between the Kenyatta I and the Kenyatta II successions, especially after Murathe’s cameo appearance. On the surface, it looks like history is repeating itself. William Samoei Ruto, the Deputy President, a Kalenjin, the constitutional heir-apparent, and an ethnic outsider, who is presumably the undisputed presidential candidate of the Jubilee Party, is waiting in the wings, only a heartbeat away from the presidency, to succeed Uhuru Kenyatta (a scion of Jomo Kenyatta, a Mugikuyu), the sitting president.

Yet William Ruto, like Daniel arap Moi in the mid-1970s, now faces “a cabal of powerful” Kenyatta II Gikuyu elite who are also contemplating a constitutional change, among other measures, to stop him from becoming Kenya’s fifth president upon the end of Uhuru Kenyatta’s constitutionally-mandated two terms as the president of Kenya, barring any constitutional amendment.

Will William “the Czar of Sugoi” Ruto, as @JerotichSeii calls him – he of humble peasantry background, chicken-hawking-by-the-railway-crossing origins, and able hatchet man for various Kenyan political dynasties – having waited in the wings for ten years, finally turn the tables on his past masters, and alas, be ensconced in the bosom of Kenya’s state power, the presidency?

Looking at the Kenyatta II succession solely through Karimi and Ochieng’s book could block one’s view of the surprises and new elements in the Kenyatta II succession. The Kenyatta II succession has got the makings of a rollercoaster of a political drama, unfolding as a great Greek tragedy, with Ruto cast as the tragic hero who is tone deaf to the chorus of civil society human rights and democracy pleas.

The Kenyatta II succession might be couched as a democratic contest, complete with a referendum, but it will be anything but democratic; it will be a struggle, styled as constitutional and democratic, but lacking the substance of either. It’s a succession defined more by the character of the protagonist, chance, conspiracies, intrigues of a palace coup and the risk of political violence.

Moi’s lucky break

If Jomo Kenyatta’s second stroke in 1968, as Charles Hornsby tells us, had sent him into the mythical world of Weru wa Mukaaga, as the former Governor of the Central Bank of Kenya, Duncan Ndegwa, recalls, then perhaps his ailing heart dictated the frequency and pace of the Kenyatta I succession. With hindsight, it seems, the Kenyatta I courtiers, with an ear to Kenyatta’s failing health, were in panic mode, which landed a bullet in Tom Mboya’s heart in 1969, and in J.M. Kariuki’s body in 1975, eliminating the most credible threats to their dream of succeeding Kenyatta. Only Daniel arap Moi, the constitutional heir-apparent, was left standing between them and the presidency by 1976.

But, as Daniel Kalinaki points out, the controversial visit of Dr. Christian Bernard, a leading apartheid era South African cardiologist, threw spanners into the works. His visit sent the elite Gikuyu chauvinists’ song of Change-the-Constitution chorus to a crescendo in 1976. Daniel Kalinaki writes that Dr. Bernard examined Jomo Kenyatta and returned a not-so-clean bill of health. At a dinner held in his honour, he told the Kenyatta I courtiers that “Mzee had two years, tops, to live.”

If Jomo Kenyatta’s second stroke in 1968, as Charles Hornsby tells us, had sent him into the mythical world of Weru wa Mukaaga, as the former Governor of the Central Bank of Kenya, Duncan Ndegwa, recalls, then perhaps his ailing heart dictated the frequency and pace of the Kenyatta I succession. With hindsight, it seems, the Kenyatta I courtiers, with an ear to Kenyatta’s failing health, were in panic mode…

Stopping Moi’s ascension to the presidency then became even more urgent. But unlike the charming and charismatic Tom Mboya and J.M. Kariuki, Moi was lucky. Several times lucky. The Kenyatta I era Gikuyu courtiers were divided. Moi’s character flaws, too, worked in his favour. Where charm, flamboyance and charisma brought Mboya and J.M. squarely within the cross hairs of the regime’s assassins, colourlessness kept Moi safe. Moi was variously thought of as stoic, humble, naïve, uneducated, gullible, and overawed by the settlers, Jomo Kenyatta and state power generally. He was just “a passing cloud” while the State House courtiers searched for a worthy successor to the king.

However, they had underestimated Moi, who got the support of some of the most feared and effective members of Kenyatta’s kitchen cabinet, the unelected deep state civilian servant types, who were strategically placed in the security, provincial administration and the Attorney General’s office. His humble character earned him the sympathy of some of the most powerful men in Jomo Kenyatta’s kitchen cabinet, civil service, and cabinet, men such as Charles Njonjo, the Attorney General, Geoffrey Kariithi, the head of the civil service, Charles Nyachae, the Provincial Commissioner of Central Province, and Eluid Mahihu, the Provincial Commissioner of Coast Province, men who, perhaps, thought that they could take advantage of his presidency or easily overthrow him. These men were more than effective counterweights to their rabidly ethnic counterparts in Nakuru, who included James Mungai, Isaiah Mathenge, Arthur Nganga Njuguna Ndoro, George Karanu, and Kim Gatende, the men, who Bart Mugo tells us, had no respect for Moi, and “gave Moi sleepless nights” when he was the vice president. As Charles Hornsby points out, Moi was also lucky that Jomo Kenyatta died in his ally’s fiefdom, Eluid Mahihu’s Mombasa, and not Isaiah Mathenge’s Nakuru.

What’s more, the ailing president, who treasured large landholdings, having exported Central Kenya’s land crises mostly to the Rift Valley, seemed to have seen in Moi a worthy successor, a man who not only facilitated his government’s export of the Central Kenyan land problem to the Rift Valley against a strong regional opposition from his rivals, such as Jean Marie Seroney, but one who could also secure his legacy and landholdings – because Moi also had substantial landholdings.

Duncan Ndegwa says that Jomo Kenyatta, speaking in riddles, asked Kihika Kimani, a leading proponent of the 1976 Change-the-Constitution Movement, to think about a situation in which a dying man wants to pass on his herds of cattle. “Would he hand over his herd to a man who has his own or to a man who has none? This man you fear will, in fact, take care of the herd while minding his own. You want to hand over the stewardship of your land to a man who has no land? He will say, ‘Those lands owned by these people are too large. Let us give them away.’”

Ruto: Not quite Moi

However, Ruto, it seems, is everything but what Moi was at the height of the Kenyatta I succession. Unlike Moi, the legends, true or false, about Ruto’s rise within Kenya’s politics cast him as a megalomaniac, a ruthless, arrogant, condescending, diabolical, acquisitive, vindictive, and hardly ever magnanimous character in victory. Ask Reuben Chesire, the late former MP for Eldoret North, his onetime allies such as Raila Odinga or his namesake, Isaac, the former Governor of Bomet, and the whole lot of Mt Kenya leadership who lost the Jubilee 2017 nominations.

In victory, Ruto gloats. His lieutenants, like Adan Duale, gloat even more. Ruto’s angry disposition and penchant for mocking other leaders, gloating, and chest-thumping, can easily goad his nemesis into a strong coalition against his presidential bid, especially if he loses Uhuru’s support – just the kind of coalition David Murathe proposes.

If Ruto and Uhuru were joined at the hip by the International Criminal Court (ICC) dilemma (which is now water under the bridge), does the Kenyatta family’s recent acquisition spree and its consolidation of its economic hold on Kenya’s financial, media and dairy sectors be the glue that binds the two together? Can the Kenyatta family, which is now in the process of strengthening its political and economic stranglehold on Kenya, truly trust Ruto to be a good custodian of their most recent acquisitions? Does Ruto, a character who has variously been described as a wannabe king, vicious, vindictive, megalomaniac, and hardly magnanimous in victory, fit the bill of a good custodian of such wealth? Can he be trusted in this era of footloose international finance capital to not upset the apple cart? What does the trauma of the Moi presidency portend for his political ambition?

If Ruto and Uhuru were joined at the hip by the International Criminal Court (ICC) dilemma…does the Kenyatta family’s recent acquisition spree and its consolidation of its economic hold on Kenya’s financial, media and dairy sectors be the glue that binds the two together? Can the Kenyatta family, which is now in the process of strengthening its political and economic stranglehold on Kenya, truly trust Ruto to be a good custodian of their most recent acquisitions?

It’s hard to tell what type of deep state support Ruto enjoys. But in the dust-up between the pro-Ruto Tanga Tanga group and the anti-Ruto Kieleweke group, we got a glimpse of what a piqued Ruto might do and where sympathies for his presidency presently lie in Central Kenya and the Rift Valley. Unlike Moi, he did not turn the other cheek for the legendary James Mungai or Isaiah Mathenge’s political slap. He hit right back and hard through some of the most rabid Gikuyu and Kalenjin ethnic chauvinists, who are probably a retinue of elected politicians on weekly or monthly retainers, more driven by the convenience of cash rather than conviction.

In the Kenyatta I succession, Charles Njonjo, speaking in a Hobbesian dialect, astutely put an end to the debate by invoking the law on high treason: “It is a criminal offence for any person to encompass, imagine, devise or intend the death or disposition of the president.”

In contrast, the heads that bobbed out in defence of William Ruto, including elected leaders such as Moses Kuria, Kimani Ngunjiri, and Oscar Sudi, spewed out some of the ugliest, most nauseating, and inflammatory political rhetoric. (It is worth noting that not a single hawkers’ association chairperson came out in Ruto’s defence.)

Oscar Sudi, one of many intellectual Lilliputians in Ruto’s orbit, has admitted that Jubilee is a two-ethnic-group racket, with a few non-Kalenjin and non-Gikuyu tokens thrown in to lend the Jubilee elite a veneer of national inclusivity, the mythical face of Kenya. The anti-Uhuru rhetoric on the failure of the Jubilee government to develop Central Kenya energised Ruto’s base, but it also galvanised Central Kenya’s opposition to Ruto’s lieutenants. It saw the return of leaders like Peter Kenneth and Martha Karua into the fray.

Ruto’s patronage network in Central Kenya is thus being tested. It seems to rest with some of the vilest elected ethnic chauvinists of questionable political clout or those who can’t stand their ground. If Ruto’s sympathisers are the rent-weekly or rent-monthly political types, then Uhuru Kenyatta’s selective war on corruption, which Ruto’s legal adviser laments, and the termination of some of the lucrative contracts between companies owned by Ruto and the Government of Kenya, such as the Kenya police housing, could easily downgrade Ruto’s patronage capacity, that is, his ability to rent and resist.

The question remains on how State House courtiers will treat the Rift Valley question. Will they see it as a political problem or a security problem, or both? If push comes to shove, will Ruto, like Moi in the 1990s, drive a Faustian bargain: State power or slaughter and eviction and dispossession of non-Kalenjin farmhands, peasants and small traders, especially the Agikuyu in the Rift Valley? Will he, like Moi, rage, and rage, and extract his fair share of political and economic pound of flesh if he ascends to the presidency against all odds?

Or, in defeat, will he, like Raila Odinga, mourn, forgive, and find friendship at last? Does Ruto represent the sum of all the fears of the political dynasties in Kenya? What does the spoken and the unspoken trauma of the Moi presidency, especially among a cross-section of the Gikuyu elite, portend for Ruto’s presidency?

Pedigree and dynastic politics

Kenya’s dynastic politics of self-preservation might have renounced some unsavoury political tricks of the Kenyatta I succession, such as the assassination of political competitors, but it hasn’t renounced the advantages of evil, the dirty and devious tricks, of seizing state power, securing economic interests, and dynastic longevity. The Ngorokos may well be phantoms of Moi’s propaganda machinery, but since the days of James Mungai, presidential elections have greatly been defined by Kenya’s lack of effective democratic control of the security forces and strategic roles of militias.

Certainly, Ruto has a date with history. But his biggest stumbling block to the State House is neither the Gikuyu elite, who have reneged on the promise to coronate him as the fifth president of the Republic of Kenya, nor the sudden vapourisation of the much-touted Jubilee Party’s stellar development record in Central Kenya, which in the heat of the first round of the debates on the Kenyatta II succession, seems to vapourised, like ethanol, into thin air. Rather, Ruto is caught in the strong cross-currents of the political dynasties he’s excelled in manipulating and through which he has amassed a fortune and built a war chest while undermining democracy and human rights.

The biggest hurdle in Ruto’s race to State House, is, to say it pithily, in the words of the late Job Omino, the MP for Kisumu Town: “Dr. Ruto is all degree(s), no pedigree.” Historically, he’s not a biological son of any of the dynasties of Kenya’s politics, and he hasn’t any traction with the struggle for liberal or social democracy.

Ruto has neither the pedigree of Kenya’s dynastic politics nor the credibility and gravitas of those who participated in Kenya’s struggle for democracy, human rights and transitional justice. As David Ndii once pointed out, together with Uhuru Kenyatta, he missed the democratic lessons of the 1990s. He’s caught in the twirling currents of these political forces in a vortex of opposed political forces now shaping his destiny.

Yet he seems to think he can beat the dynasties in their game by faking an ordinary citizen’s credentials or feigning a new-found affection for the common mwananchi, posturing as their leader, and winning either the party ticket or the presidency without a credible, free, fair and democratic system in place. As @JuliuMmasi’s tweets suggest, Ruto has been an astute student and co-builder of the three leading Kenyan political dynasties: the Moi, the Odinga and the Kenyatta. But he now decries these dynasties as the stumbling block to his quest for presidency. If the Moi, Kenyatta and Odinga are dynasties, all defined by similarities and no differences, then charitably, Ruto can only be a stepson, or worse, a son who’s twice removed from the State House patrimony – not an heir-apparent, but an heir-presumptive who represents the sum of the worst fears of all these dynasties.

As a fresh graduate and a member of the venal youth movement, Youth for KANU (YK92), Ruto fought against multiparty political reforms in the 1990s. In 2002, as a minister in Moi’s government, he notably supported Moi’s bid to enthrone Uhuru Kenyatta as the third president of Kenya. In 2007, he reluctantly supported Raila Odinga’s bid for the presidency, bending more towards the pro-Orange Democratic Movement (ODM) regional political pressure in the Rift Valley than towards a confidence in Raila’s leadership. He promptly bolted out of ODM in the wake of the maize import scandal, and in 2010 led the NO-Campaign against the current constitution.

More recently, he’s firmly been in Uhuru Kenyatta’s corner in a joint desire to sabotage the ICC cases of crimes against humanity against them. He has run a mostly male-dominated and alternately Gikuyu or Kalenjin elite-led government, fighting against justice for the victims of the 2007/8 political violence, the Truth, Justice and Reconciliation Commission (TJRC) process, free, fair and credible elections, and rolling back Kenya’s nascent democratic gains in several sectors, especially security reforms.

Development as a substitute for democracy

Ruto might be regretting the political life he’s led. He’s been working at cross-purposes, and is not about to stop. With a religious zeal, he’s championed development as a perfect substitute for liberal democracy, thinking that personal prosperity, by hook or by crook, heavy investment in nation-wide patronage networks, and a strong identification with various “development” projects across the country will generate popular support for his candidature.

Yet the Jubilee government, unlike the Chinese or the Rwandan governments, is too undisciplined and corrupt to generate popular legitimacy out of the ability to deliver services. Instead, Jubilee’s development projects have mostly been conduits for kickbacks and procurement rackets, bleeding the public coffer dry, and generating windfalls for a few rather than real economic opportunities for the multitudes of unemployed youth. Some, like the Standard Gauge Railway (SGR) have auctioned Kenya’s sovereignty, committed Kenyans to Beijing bondage, and, as the loan repayments kick in, effectively taken away Kenya’s ability to formulate a friendly tax and revenue policy for small- and medium-sized enterprises (SMEs).

In his quest for the presidency, Ruto now postures as the representative of the ordinary suffering citizens, a self-styled “hustler” who lives precariously, mostly from hand to mouth, occasionally visiting a kiosk or stopping by the roadside for a cob of roasted maize to lend his presidential bid a common citizen’s touch.

Yet the Jubilee government, unlike the Chinese or the Rwandan governments, is too undisciplined and corrupt to generate popular legitimacy out of the ability to deliver services. Instead, Jubilee’s development projects have mostly been conduits for kickbacks and procurement rackets, bleeding the public coffer dry, and generating windfalls for a few rather than real economic opportunities for the multitudes of unemployed youth.

But Ruto has never had a stake in Kenya’s social/liberal democracy or human rights game. He’s never championed the common citizen’s cause or fought against power or income inequalities. Instead, he has an unrelenting and ruthless desire to pursue state power without compassion for the ordinary citizens. He told Rift Valley farmers to grow avocados instead of maize after a cartel bolted with the Kenya Cereals and Produce Board’s national maize kitty, leaving maize farmers in his own stronghold desolate. He’s reportedly built a palace worth Sh1 billion (US$10 million) in Sugoi, where he regularly entertains delegations of mostly self-seeking leaders of various ethnic groups and holds court. Like Daniel arap Moi, he wears evangelical Christianity on his sleeves, ostensibly investing in heaven through fund-raising and various donations to the clergy, perhaps to deodorise an ever-strong whiff of sleaze that swirls around him and his close associates.

Ruto knows in his bones the pain of losing or winning the Kenyan presidential elections. Unlike the ancient Olympics, in which only the Greeks – by blood and character and bound by a code of honour, “to respect just decisions, use no fraud or guile, to secure victory” – competed for a priceless branch of wild olive, Kenya’s competition for state power knows no ethical bounds. It’s not a patriots’ game, either, and the victor’s prize is the bottomless national and transnational material spoils: Eurobonds, capture and monopolistic control of key national markets, and Chinese business kickbacks. Loots, only for keeps, if you can hold onto state power.

If the Kenyatta I succession played out as the politics of a dynasty (because Kenya was then a de facto one-party state) then the Kenyatta II succession might also play out as the politics of dynasty, in spite of Kenya’s lauded democratic reforms, and because, since 2007, the incumbents have successfully subverted the popular democratic will of the people by executing electoral coup d’états.

In 2007, Ruto was in ODM, the team that lost. Subsequently, he joined the team that has won all the disputed presidential elections since 2013. He knows too well that all the winners of the presidential election since 2007 have won, in spite of the popular vote, and not because of it. The winners of these presidential elections have approached the election as a coup d’état: state power to be seized through a conspiracy to subvert popular will, the use of deception, and control and use of strategic levers of state power, especially the security organs, the electoral commission, and the courts.

If the Kenyatta I succession played out as the politics of a dynasty (because Kenya was then a de facto one-party state) then the Kenyatta II succession might also play out as the politics of dynasty, in spite of Kenya’s lauded democratic reforms, and because, since 2007, the incumbents have successfully subverted the popular democratic will of the people by executing electoral coup d’états.

In contrast, the losers of all the presidential elections since 2007 have approached the elections as an exercise in liberal democracy. They have campaigned hard, written good manifestos, mobilised aggrieved and disaffected voters and sometimes, gone to court to seek reprieve, where they have faced non-democratic forces.

Chickens coming home to roost

Ruto’s quest for the presidency is a bid to bring down Kenya’s political dynasties. He wants to be king, an insider of sorts, taking on the dynasties in their own terrain. But he will be taking on the dynasties like a tragic hero, a hero whose character flaws and tribulations in the hands of mentors-turned- tormentors are strikingly different from those of Raila Odinga and Daniel arap Moi. But he still might generate some sympathy in various constituencies, especially if, as Dauti Kahura shows, he can deftly lay blame for the failures of the Jubilee government on Uhuru Kenyatta. Still, he’ll have a hard time turning these sympathies into popular votes.

Ruto’s chickens, it seems, are coming home to roost. In the week when the Kenyatta II succession talks were crackling, two of his legal and political advisers, Korir Sing’oei, and Kipchumba Murkomen, took to a newspaper and television, respectively, to extol some aspects of liberal democracy. Sing’oei, once a human rights activist, had a year ago, in the wake of the Jubilee government’s violation of a Kenyan’s rights – when Miguna Miguna was illegally detained, abducted, exiled and stripped of his Kenyan citizenship – argued that the government had broken no law. Now he argues that the Director of Public Prosecution’s “gung-ho and gunslinger approach” to fighting corruption smacks of abuse of public office and that it is more a pursuit of political vendetta than of justice.

Kipchumba Murkomen, Jubilee Party’s Senate Majority leader, now sees a big democratic deficit in the ruling party. It has dawned on Murkomen that internal party democracy matters and that it is better to hold regular party or parliamentary group meetings than to wait for the occasional trumpet from State House to assemble for the latest presidential edict.

Both Sing’oei and Murkomen seem to have swiveled 180 degrees – from legitimising impunity to thinking about what should be the ethical limits of state power or good democratic practice. No prize for guessing why they’ve taken the sudden shift. Since the Jubilee government’s selective prosecution of the corrupt, the boot is firmly on the other foot, William Ruto’s. And they’ve rediscovered that some salutary aspects of liberal democracy are sorely missing in Kenya’s political context and contests.

It’s a belated but heartening rediscovery. It’s heartening because William Ruto’s camp seems to have woken up and smelt the Mt Kenya coffee: only a truly liberal democratic system can sufficiently guarantee anyone and everyone a fair shot at the presidency. But presently, the ethos of the competitors for Kenya’s state power is as far removed from the ethos of the ancient Greece’s Olympics as the Czar’s of Sugoi’s multi-billion seat of power is from State House.

In the battle between the Kenyatta, Odinga, Moi, and Mudavadi dynasties, Ruto might remain the eternal outsider. Without Daniel arap Moi’s good luck and the help of highly placed Mt Kenya movers and shakers who have successfully executed several electoral coup d’états (two bloody ones in 2007 and 2017, one bloodless one in 2013 and one abortive coup on 1 September 2017), it might be easier for a camel to go through the eye of a needle than for Ruto to capture the highest political office in the land.

It will be extremely hard for Ruto to win an amoral dynastic political game, however big his election war chest is, if the contest for state power is largely defined by the dynasties’ control of state power and by a retrogressive political ethos – a political competition that brooks no internal dissident and eschews fair play in regional strongholds or at the national level, or both, and which is hell-bent on self-perpetuation.

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