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KENYA ON TRIAL: Truth, Justice and the Supreme Court

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Confronted on his excesses, abuses and disregard of rights of the people of France, Louis XVI responded, “L etat c’est moi”, “I am the State”. That was in 1715. Louis was tried by the people and executed. Four centuries later, Zaire’s Mobutu Seseko repeated Louis’ “royal liturgy” to a French journalist. Mobutu went further; he pronounced himself God. Mobutu fled and died in exile.

Entitlement is a malaise that afflicts absolute rulers. It thrives where law is what the ruler decrees it is; not the people, through their Courts. Where the peoples’ sovereign franchise prevails, and truth, justice and the rule of law governs the affairs of man, there is tranquility.

World attention today focuses on the Supreme Court of Kenya. The Court will, for the second time in a row, hear and rule on whether President Uhuru Kenyatta was validly elected for a second term. Just as in 2013, the suitor is former Prime Minister Raila Amolo Odinga. Raila says he has “given the Court a second chance to redeem itself.”

On 13th August, Raila protested the declaration of Uhuru as winner, accusing the Independent Electoral and Boundaries Commission (IEBC) of subverting the will of the people, not once, but for the third consecutive time and substituting it with the dictate of a minority ruling elite.

Having initially vowed not to contest it in Court, but rather through other means, he claims that a crackdown on human rights organizations expected to do that necessitated the change of tact.

What is Raila’s case? How did Kenya end up here? Is there cause for concern or alarm on the Court? Will the Court decide otherwise than before and with what consequences?

Case summary

The petition claims that “the Presidential Election was so badly conducted and marred with irregularities that it does not matter who won or was declared as the winner of the Presidential Election…Instead of giving effect to the sovereign will of the Kenyan people, the IEBC delivered preconceived and predetermined computer generated leaders.”

The IEBC is accused of interfering with the Kenya Integrated Elections Management System (KIEMS) and unilaterally disbanding the Elections Technology Advisory Committee (ETAC).

Whereas people voted, the IEBC did not count and tally the results. It adopted Joseph Stalin’s principle, “It is enough that the people know there was an election. The people who cast the votes decide nothing. The people who count the votes decide everything.”

Evidence in support of the case is contained in a voluminous record of over 25,000 pages. The evidence supports 12 main issues.

The IEBC is accused of interfering with the Kenya Integrated Elections Management System (KIEMS) and unilaterally disbanding the Elections Technology Advisory Committee (ETAC).

KIEMS is a single unit electronic platform. It was intended to ensure that voters are biometrically identified, and polling results transmitted and declared in a simple, accurate, verifiable, secure, accountable and transparent manner. These tenets of a free and fair election are anchored in the Constitution and the 2017 amendments to the Elections Act.

It is alleged that the IEBC had, through a proxy, sought to declare unconstitutional the law that requires biometric voter identification and electronic transmission of results from polling stations to the Constituency Tallying Center and the National Tallying Center. The case was filed by a third party against the IEBC but through a lawyer who is on the advisory panel of the IEBC.

Though not determined at the time of the elections, Raila believes that the case was filed with the connivance of the IEBC to sabotage the integrated, electronic electoral management system. He claims that the manipulation of the system resulted in a permanent pre-set 11% margin between him and Uhuru. It is Raila’s position that the outcome of the case would, as did the manipulation of the system, countermand the requirement for finality of results declared at 290 Constituencies established under the Constitution.

The finality of Constituency results was affirmed by the Court of Appeal. It would remove the risk of rigging at the National Tallying Center as recommended by Judge Johann Kriegler in his report following the disputed 2007 elections.

The ETAC’s function was to advise on adoption and implementation of election technology. It entailed the participation of stakeholders, in this case, candidates and political parties in the elections. In a Judgement made on 15th June, 2017, the High Court held that the requirement for a professional audit of the voter register 6 months before the election was overtaken by events. The Court further declared unconstitutional, the law establishing ETAC.

It is Raila’s complaint that being a stakeholder he ought to have been notified of the proceedings leading to the disbandment of the ETAC and that the IEBC intentionally failed to defend the case properly. As a result, the disbandment compromised the transparency of IEBC’s preparation for the elections. The IEBC then monopolized the management of the electronic voter system to the exclusion of other players. This, it is claimed, enabled manipulation in the transmission of results that could not be independently verified.

The IEBC is also accused of intentionally supplementing its server on a private cloud. The decision was made contrary to advice from the Communications Authority of Kenya. KIEMS became vulnerable to intrusion and manipulation.

Raila claims that 2 days to the elections, the IEBC designated 11,000 polling stations outside 3-4 G network coverage. There was not sufficient notice or time for Raila to appoint his agents in those stations. Results from those stations account for over 7.7 million votes and cannot be verified in the manner prescribed by law and intended by KIEMS.

The IEBC is also accused of intentionally supplementing its server on a private cloud. The decision was made contrary to advice from the Communications Authority of Kenya. KIEMS became vulnerable to intrusion and manipulation. The murder of IEBC’s ICT Manager Chris Msando a few days to the election is claimed to have been planned. His password or information obtained from him were used to infiltrate KIEMS, create and relay computer generated results.

Uhuru is accused of unduly influencing and inducing voters with 2007/2008 post-election reparation payments, hurriedly launched projects and advertisement of his administration’s achievements. He is said to have intimidated voters in his campaigns with military deployments and outright threats on public servants. A widely publicized incident in Makueni where Chiefs were threatened is cited. Uhuru is alleged to have used state resources and State Officers, in particular Cabinet Secretaries, to actively solicit for votes contrary to law.

Raila’s agents are also said to have been ejected from polling stations in Central Kenya and Rift Valley. It is claimed that they were replaced by those procured by Uhuru’s Jubilee Party. Massive manipulation of results is claimed to have ensued as a result.

KIEMS was designed to transmit results from polling stations to the Constituency and the National Tallying Centers simultaneously with electronic images of Forms 34As. It would also enable electronic transmission of final results from the Constituency level to the National Tallying Center. Form 34A is the official declaration at the polling stations whilst Form 34B is for the Constituency declaration.

However, provisional results are alleged to have been transmitted from polling stations to the National Tallying Center, bypassing the Constituency Tallying Centers. The results were not accompanied by Forms 34A and 34B. The results were said to be provisional, again, in disregard of the Court of Appeal decision. 10,000 stations with 5 million votes were affected. The complaint by Raila is that this was a precursor to the rigging of the election in favour of Uhuru.

Further, the petition claims that scrutiny of spoilt and rejected votes would reveal that nearly 400,000 votes were deducted from Raila and added to Uhuru. It is alleged that the manipulation and doctoring of Forms 34A and 34B means another 7 million votes cannot be authenticated.

Raila states that the declaration of a winner was made prematurely in the absence of 11,883 supporting Forms 34A and 187 Forms 34B. 3.5 million votes are affected. He also wants the Supreme Court to go against the precedent it set in 2013 and have rejected votes, this time numbering 477,196 or 2.6% of votes cast, considered when ascertaining whether the Constitutional threshold of 50% plus 1 has been crossed.

The great trek

Kenya gained internal self-rule and political independence from the then British Empire 5 decades ago. The Union Jack quickly came down. The Kenyan flag was hoisted. Jomo Kenyatta was appointed Prime Minister by the colonial Governor-General and one year later declared President by parliament. The Lancaster Constitution did not provide a term limit for the Presidency. The leader of the dominant political party was appointed President by acclamation in periodic parliamentary elections, whose occurrence he controlled. Kenyatta being the leader of the Kenya National African National Union (KANU) party would rule for life, for 15 years. Kenyatta was succeeded by Daniel Arap Moi. Moi ruled for 24 years; 14 for life and 10 on a 5 year term.

In 2013, Raila challenged the election of Uhuru. The Supreme Court jettisoned all evidence before it. It then proceeded to dismiss the Petition, in reliance upon decisions from Nigeria, Gabon and Uganda.

The British had an elaborate law for periodic election of their Prime Minister back at home. They saw no need for the same in Kenya, or any of their former colonies which did not have established political systems in place. With the exception of India, which embraced democratic rule at inception, former British colonies suffered absolute leadership until after the collapse of the Soviet Union and the second liberation in the 1990s.

In the intervening period, a change in government in the Commonwealth was effected in two ways only; a coup or the natural or unnatural death of the President. Determinations by Courts on the legitimacy of the regimes were unheard of.

In Uganda, Judges declared unconstitutional the government of Idi Amin upon the overthrow of Milton Obote. They were killed on the same day. Whitehall often supported similar governments in the entire Commonwealth. Without periodic elections, there was no precedent for a Presidential Election Petition.

The clamor for change saw to the re-introduction of multi-party politics in 1992. Moi won the Presidential Election despite a determined opposition wave. A Petition by Kenneth Matiba was dismissed by the High Court and Court of Appeal without a hearing. The requirement for personal service upon Moi and signature of the Petition by Matiba, who could not because he was ill, were technical considerations relied upon by the Courts. A petition by Mwai Kibaki upon Moi’s re-election in 1997 suffered the same fate. The Courts had no semblance of independence. The President controlled the Courts. A Petition against his election was doomed to fail.

The 2003 election of Kibaki was not challenged in Court; it was not even disputed. Kibaki had defeated Uhuru with a landslide victory. Uhuru had largely been viewed as Moi’s project. The people had resolved to overrule Moi’s prophesy that the independence party, KANU, would rule Kenya for 100 years.

Kibaki’s re-election in 2007 was highly disputed. It is widely believed to have been stolen from Raila. Raila did not go to the Courts as they were controlled by the President. The post-election violence that ensued resulted in the unhappy marriage between Kibaki and Raila. One outstanding achievement of the Grand Coalition Government was the promulgation of the 2010 Constitution. An elaborate process for the period election of the President and determination of a dispute arising from the election was put in place. The Supreme Court was created specifically for this function, with a minimum of 5 and maximum of 7 Judges as quorum.

In the aftermath, radical changes in the Judiciary sent packing Court of Appeal Judges who presided over the Petitions by Matiba and Kibaki. This was a pointer to the Supreme Court that the issue of election of the President was not that simplistic and legalistic. It is one that must be considered on the wider public interest, to uphold the popular will of the people and the Constitution.

In 2013, Raila challenged the election of Uhuru. The Supreme Court jettisoned all evidence before it. It then proceeded to dismiss the Petition, in reliance upon decisions from Nigeria, Gabon and Uganda. These countries, unlike Kenya, had experienced the full brunt of authoritarian military rule. Their Courts could not be objective. In fact, this was the first time a Kenyan Court took refuge in decisions from such countries.

The 2013 decision set an unreasonably high standard and burden of proof. It was not different from Matiba and Kibaki earlier decisions. The legal fraternity in Kenya and worldwide has condemned, trashed and shelved it as bad law. The Supreme Court could be forgiven for arriving at the decision since the Constitution was nascent and barely 2 years old. The Court itself was only a year old. Though composed of highly learned minds, three of the Judges, including the President of the Court, were in their novitiate, having been appointed from outside of the Judiciary and with limited or no courtroom experience at all. This was their first election petition they were handling and were confounded by the magnitude of the exercise and perhaps scared of the consequences of their decision. They may have played safe and sacrificed truth, justice and the law.

This was their first election petition they were handling and were confounded by the magnitude of the exercise and perhaps scared of the consequences of their decision. They may have played safe and sacrificed truth, justice and the law.

The Supreme Court’s image has since then been dented by credibility concerns. Unconcluded investigations for bribery involving one of the Supreme Court Judges demonstrated that the Court was susceptible to manipulation and compromise. It does not better the case when two Senior Counsel who accused the Judge, as well as an Advocate who was alleged to have conveyed the bribe as well as the Judge’s Advocate, a senior counsel, will act together for some of the parties in the current Petition.

That thwarted attempts by President Kenyatta to have a final say in the appointment of the Chief Justice, who is the President of the Court, publicly played out during the retirement case for two of its Judges, both matters again involving the three Senior Counsel cannot be overlooked. In his election campaigns in Kisii, Uhuru recently stated that he had appointed their son the Chief Justice. The Judicial Service Commission quickly refuted this claim and reiterated its independence from the Presidency. It was too little too late. The damage had already been done and aspersions cast. There is therefore, profound merit in Raila’s call for redemption.

Collective success or failure of the Court

The 2017 Petition will be decided in a polarized setting. Both parties are on record, attacking the judiciary whenever a decision goes against them. Several Judges of the High Court and Court of Appeal recused themselves from pre-election cases. They did so out of fear or to escape the badge of bias.

A bench to hear the case by Raila’s coalition, seeking that the election be conducted solely on an electronic basis, the IEBC having failed to make regulations for a manual back was constituted of Judges outside the Constitutional Division of the High Court. The Presiding Judge, Odunga had been accused by Jubilee Party of being compromised to rule in favour of the opposition. The Judge and his other two colleagues in the Division would not feature in subsequent benches set up by the Chief Justice. At the Court of Appeal, three Judges recused themselves on account of their handling of previous electoral cases, real or perceived relations with some of the Advocates or the parties. The outcome is the same. It is an indicator that Courts could still be subject to accusations of manipulation from litigants.

The Supreme Court suffers a numerical disadvantage. It has 7 Judges, all of whom may sit, going by the precedent of 2013. Whereas 5 Judges constitute quorum, it is unlikely that the earlier precedent will be departed from. None can be recused on account of bias, compromise, relations or affiliations with the parties or their advocates. It is, however, troubling that most of these Judges share Advocates with the parties appearing in the petition. It is very untidy. Suspicions of possible bias and compromise cannot be dismissed. This calls for extra caution and vigilance.

There is a popular view that the Judges should declare their interests if any and possible conflict. The Judges should write their individual decisions. Indeed, that is the practice in the Commonwealth. It was the practice adopted by the Court of Appeal until recently, when it appears to have been abandoned. The only way to ensure judicial fidelity and interrogate judges’ Jurisprudential Quotient, is to test their individual decision-making abilities. They should not hide in the cocoon of collective success or failure. This conduct amounts to judicial laziness.

Repeat performance or improvement?

Approval and dismissal of merits of the petition is as varied as is the public support for Raila and Uhuru. Raila’s side perceive a strong case, better than the first one. Uhuru’s team consider the case much weaker. Viewed objectively, it is a case of desire for justice on the part of Raila and one of a sure win on the part of Uhuru. This is likely to play out in Court.

The 2017 Petition will be decided in a polarized setting. Both parties are on record, attacking the judiciary whenever a decision goes against them.

The only difference between a Presidential Election Petition and a National Assembly Election Petition is the volume. A Presidential Election is held in all 290 Constituencies. Intriguingly, the Petition must be heard and determined in 14 days. The other Petitions are heard and determined within 6 months.

The Supreme Court does not have the luxury of the High Court. It cannot recount, scrutinize and audit results from all 290 Constituencies. A decision must be based on pillars of “a free and a fair election”. International and national public policy must play a role also. The Supreme Court is empowered to depart from its previous decisions depending on the circumstances of the case or change in public policy. It is a delicate balance, but one that can be attained with a National Assembly Election Petition as a simulator.

Interference with KIEMS to transmit and project provisional results or to generate results contravened the Constitution. Such action would have gone against the decision of the Court of Appeal, in respect to the finality of results declared at the Constituency Tally Center. Publication of achievements, use of state resources and threats by a party to an election are election offences. Some of the State Officers are being investigated for possible prosecution. Uhuru’s election could be nullified on account of the election offences by his administration.

Massive inconsistencies and discrepancies of results in Forms 34A and 34B and in the IEBC portal could be indicative of manipulation towards a flawed electoral process. The 5 to 7 million votes claimed to have been affected is such a huge number that cannot be ignored. This limb of the case may be very strong on the fidelity of the electoral process. The demanded forensic examination of IEBC’s server and portal would establish whether there is a case. It remains to be seen how the Court will undertake a detailed examination of evidence within 14 days and order scrutiny and recount of votes to verify the numbers. If it does, the truth or falsity of Raila’s claim will unfold. The hasty announcement of the winner without the benefit of Forms 34B and before the completion of the tally, affecting over 3.5 million votes is a grave violation. The case seems to be strong on this limb.

The Supreme Court is not handicapped on precedent in the decision to be made. Resort to decisions from other countries alone is unnecessary. There are many locally decided cases that may be of guidance to the Court. Being a Court of law as well as public policy, numerous cases, not necessarily in respect to Presidential Election Petitions are available internationally and locally.

For example, the election of the Member of Parliament for Juja Constituency was challenged in the disputed 2007 General Election. The declared winner was the Chief Government whip for Kibaki’s wing in the Grand Coalition Government. Malpractices in the election mirrored those leveled against the election of Kibaki. The then Electoral Commission of Kenya was accused of subverting the popular will of the people and replacing it with a pre-determined choice of the ruling elite. The inconsistencies and manipulation of the declaration of results was so monumental that the election could not be sanitized by either a scrutiny or recount of the votes. The entire process was flawed. The election was therefore annulled.

The High Court pronounced itself thus; “One may ask why courts should hold an electoral body to a high standard in the performance of its duties. I think if there is any statutory body whose actions should be considered to be above the board and which should perform its duties to the required standard of integrity and probity, it should be the electoral commission. The electoral commission has a duty to inculcate and imbue confidence in the electorate that its process is transparent, free and fair.” Raila’s claim of manipulation of the entire electoral process would be based on principles set out in this decision. If the process is flawed, numbers or margin of difference between two candidates does not matter. The election may be invalidated without the need for scrutiny or recount of the votes.

 Of the election petitions subsequent to the 2013 elections that of Mathare Constituency attained distinction, in electoral law. The winner was from Raila’s Orange Democratic Movement. The loser, from Uhuru’s The National Alliance had been awarded the certificate. The High Court dismissed the petition. It held that results declared at the Constituency are not final and may be altered by the Chairman of the IEBC.

When called upon to review the issue, the Court of Appeal affirmed the finality of the declaration at the Constituency as the will of the people. The Court of Appeal held that it could not declare the claimant winner and directed that fresh election be held.

The dispute found its way to the Supreme Court. The decision by the Court came fast, crisp and sharp; “Apart from the priority attaching to the political and constitutional scheme for the election of representatives in governance agencies, the weight of the people’s franchise-interest is far too substantial to permit one official, or a couple of them, including the Returning Officer, unilaterally to undo the voters’ verdict, without having the matter resolved according to law, by the judicial organ of State.” The case supports Raila’s plea on finality of results declared at the Constituency level and fidelity of the process attendant to the declaration. It also buttresses the position in law that the IEBC cannot subvert the popular will of the people and replace it with that of a ruling elite.

That the petitioners in the two cases referred to won the by-elections that followed goes a long way to demonstrate how the electoral process can be subverted to defeat justice.

The complaint of use of State Officers and resources for campaign is one that Uhuru will be hard put to defend. It is well documented and publicly known. There is evidence in the Petition that the entire Government machinery from top bottom was deployed to campaign for Uhuru with threats to those perceived to rally behind the opposition. These events were concentrated within the campaign period and cannot be said to have been part and parcel of normal Government administrative duties.

The Public Officer Ethics Act and the Election Offences Act prohibit State Officers from engaging in politics, yet these Officers actively campaigned for Uhuru and defended their actions as part of Government business. Prohibited also is the advertisement of achievements for political gain. Raila has a strong case on this ground, supported by precedent.

The election of Moses Wetang’ula as Senator for Bungoma in 2013 was invalidated by the High Court. The decision was upheld by the Court of Appeal and the Supreme Court. The Courts found that the offences of bribery and voter treating had been proved and were sufficient to warrant the annulment of the election. In the words of the Supreme Court, “Moreover, we take judicial notice of the centrality of elections in the functioning of established governance bodies, as signaled by the Constitution in both general and specific terms. On that principle alone, a party found on fact to have befouled the electoral process, cannot maintain an argument that his or her offence may not be declared, save alongside that of other parties.” If Raila convinces the Court that Uhuru breached the law on the campaign trail, the Court could invalidate the election on the basis of this decision.

If Raila convinces the Court that Uhuru breached the law on the campaign trail, the Court could invalidate the election on the basis of this decision.

The case by Raila will have to be examined on the basis of these principles. If established, the Supreme Court would order a fresh election. The case could be dismissed if the evidence does not support the complaints before the Court.

The Austrian Court overturned results of election in which Alexander Van der Bellen narrowly beat far-right candidate Norbert Hofer for electoral malpractice. A South Korean court removed the President from office for abuse of office. The Brazilian senate impeached Brazilian President Dilma Rousseff for illegally manipulating government accounts. The Pakistan Supreme Court stripped the Prime Minister of his office, for corruption. Here in Kenya, former Deputy Chief Justice Nancy Baraza was removed from office for misbehaviour for merely pinching the nose of a security guard. The bar on integrity has been set high locally and internationally. The Court may be persuaded to use these out of court processes in arriving at a decision.

A majority of Kenyans feel that a minority ruling elite has since independence, acting through unlawful means, denied other regional and ethnic communities the legitimate opportunity to rule. That feeling may prevail, irrespective of whatever legally acceptable or meritorious outcome is to be made by the Court. It may be high time that a rotational presidency, on the basis of the 8 main regions or provinces Kenya was demarcated and administered from independence, is considered, if the law of winner takes it all will forever be used or abused.

The Supreme Court has many references for direction in determining whether the popular will of the people of Kenya was ousted. Its decision must be based, not only upon evidence and the law, but international and national public policy. “Good people do not need laws to tell them to act responsibly, while bad people will find a way around the laws”, said Plato. The Court must ensure that leaders act responsibly, without circumventing the law.

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Nelson Havi is a partner at Havi and Company Advocates

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Daniel arap Moi and the Politics of Kenya’s Reorganisation

8 min read. The backward looking accounts, the-good-Moi-bad-Moi debate being waged on social media, and the yaliyopita ni ndwele nostalgia of television talk shows are peripheral to the new challenges of the reorganisation phase. Kenya’s reorganization is at an early stage. It will subsume a new set of challenges and opportunities that will require not only updated political skills, but also a sophisticated understanding awareness of the forces in play.

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Moi and the Simplification of the Kenyan Mind
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Release phase dynamics force ecological and human systems to adapt and evolve. The process inscribes a conflictive and often violent pathway as developments across Kenya’s rural landscape confirmed. The assault on the environment suggested that the right to life ranked low in the Kenya’s political elite’s hierarchy of needs. The eruption of violence across the Rift Valley confirmed this hypothesis.

Grievances over land and access to economic resources had been fermenting for several generations. The unrelenting encroachment presented an opportunity for Kanu hawks to curry favour within their marginalised minority communities. The escalation of the conflict was a dilemma for Moi because during the early years of independence he played an instrumental role facilitating the movement of outsiders into the Rift Valley and the acquisition of land on a willing buyer-willing seller basis.

Like many of Moi’s other sins of omission, the executive looked the other way in exchange for their continued support for the Kanu political machine.

The cynical, red in tooth and claw strategy was repeated on a smaller scale when Digo raiders attacked a police post in Likoni during the run up to the 1997 polls. In this case, the raiders were reportedly mobilised but then abandoned by a Mombasa tycoon entrusted with overseeing the Kanu electoral campaign on the coast. Although the Likoni raiders claimed as many coastal lives as upcountry Kenyan fatalities, this time the government launched a paramilitary operation on the pro-Kanu south coast that resulted in multiple cases of rape and other human rights abuses.

A colleague summed up the contradiction when he opined, “when these upcountry people disagree they slaughter each other, but when they are here they come together to grab our land and clobber us.”

The coastal people and pastoralists of northern Kenya would play a crucial role within Kanu by preventing the usual suspects from derailing the constitutional movement as a foreign-backed, opposition tactic to seize power.

The politics of the release phase falsified the hypothesis that Kenyan ethnicity is a function of deep-rooted primordial loyalties. Moi proved this by manipulating the personal ambitions and greed of Kanu opportunists, and then by using the same methods to exploit the shallow loyalties of opposition Members of Parliament. Jomo Kenyatta’s advice was finally sinking in: ‘Moi knows Kenyans’, Mzee had told his kitchen cabinet, ‘you only know Nairobi’.

In 1992 Kanu prevailed with a thin majority parliamentary majority. Moi responded by encouraging opposition member of parliament to defect to Kanu in turn for some material reward, typically a plot allocation. This served two purposes: it filled out the government benches while putting the hollow principles of opposition politicians on public display. The President pranked one particularly greedy Central Province MP who crossed the floor only to find that his reward was a public urinal on Accra Rd.

The politics of the release phase falsified the hypothesis that Kenyan ethnicity is a function of deep-rooted primordial loyalties. Moi proved this by manipulating the personal ambitions and greed of Kanu opportunists, and then by using the same methods to exploit the shallow loyalties of opposition Members of Parliament

Moi had played the role of reluctant agent of reform following the donor mandated return to multi-party politics, grudgingly agreed to the Inter-Parties Parliamentary Group reforms and the formation of an independent electoral commission before the 1997 polls, and assented to a people-driven constitution makeover after securing his final term in office.

Moi was a lousy dictator, but his final term in office turned out to be his finest moment as a politician. Over two decades Moi perfected the art of disorder as a political instrument. Now it was show time.

No longer weighed down with the burden of political survival, The Professor of Politics glided across the Kenya landscape repeating his epistles of unity and home-grown solutions to African problems. When Kanu and opposition MPs turned the constitution-making exercise into a battle over the positions at the top of the pyramid, Moi introduced Wanjiku, the eponymous working mother selling vegetables on the roadside, as the focus of the new dispensation.

Wanjiku became a permanent meme in Kenyan political discourse. Even many of his most committed opponents were conceding, ‘We can’t beat this guy’. Although the probability of a post-Moi Kanu victory in 2002 loomed large—it also depended on who would succeed the President. Moi saved his greatest feat of escapology for his final act.

Moi was a lousy dictator, but his final term in office turned out to be his finest moment as a politician. Over two decades Moi perfected the art of disorder as a political instrument. Now it was show time.

I have personally never witnessed a case of mass hypnosis that comes close to the public obsession generated by the Moi succession.

The drama began with the dismissal of his faithful Vice President, Professor George Saitoti, who was forced to hail a ride after leaving State House because his government car had been confiscated. Moi latter reappointed him, announcing the restoration during one of his roadside palavers. He whetted the appetite the state’s long time nemesis, Raila Odinga, by enticing his party to ‘partner’ with the government, then surprised everyone by dropping his loyal Kanu Secretary-General and selecting four Kanu vice chairmen to serve in his place. This effectively sent Raila to the back of the queue, at least for the time being.

Speculation about the successor dominated conversation in the nation’s bars, miraa sessions, offices, matatus, and private parlours. Unlike the ‘the msaliti affair’, which dragged out for several months, for the better part of three years Kenyans scrutinised every news broadcast, studied Moi’s body language, deconstructed the statements of Kanu functionaries, and subjected every clue and rumour to forensic analysis. Every possible scenario was debated.

In the end, Moi wrong-footed everyone again by choosing Uhuru Kenyatta as Kanu’s 2002 presidential candidate. Dubbed ‘The Project’ by Kanu insiders, the son of the founding father was a political novice whose electoral prospects faced formidable headwinds. Raila had already decamped to the opposition and three of the four vice-chairmen followed him.

The Project united the opposition at a moment when they were still struggling to do so among themselves. They finally prevailed on their third time around.

Reorganisation and Its Challenges

True to his promise, Daniel arap Moi retired to his farm. Before leaving office he declared that he had forgiven those who wronged him, and hoped that those whom he had wronged would do the same. His endgame earned him a large measure of redemption in the eyes of the public.

The overlapping nature of the system phases impart a fuzzy edged quality to the model used to frame this narrative. The reorganization phase was underway by the time Moi left office even though it would take another six years to complete and ratify the new constitution. Smouldering passions of the release phase fuelled the 2007-2008 post-electoral bonfire.

But it does help us extract some lessons about the dynamics of change in Kenya.

When I first started driving in Nairobi, I found that in on certain roads one had to go in the opposite direction to more efficiently reach the destination. The same contradiction applied during the Moi regime. Decentralisation in the form of the Rural Distract Focus, for example, actually strengthened control in the centre. The assault on forests, on the other hand, triggered the environmental movement and forced communities to actively monitor and assume greater ownership of their natural resource base. This idea was a hard sell before the 1990s.

Much of the praise for Moi was expressed as negatives: he kept the military out of politics, he avoided the very real possibility of civil war, and he did not meddle in the affairs of neighbouring countries. One counterfactual corollary of this pattern is the hypothesis that a well-managed post-Kenyatta Kanu would have supported a process of incremental reform, avoiding the slash and burn release politics of the Moi era.

When Kanu and opposition MPs turned the constitution-making exercise into a battle over the positions at the top of the pyramid, Moi introduced Wanjiku, the eponymous working mother selling vegetables on the roadside, as the focus of the new dispensation.

This may have resulted in either a lower threshold for change resulting in an extended conservation phase, giving way to a considerably harsher process of release, as has been the case in other eastern African countries. Even knowing what we know now, many would still choose Moi over a release phase Mbiyu Koinange, Oginga Odinga, or Charles Njonjo Presidency.

Moi left an ambivalent legacy. His public persona was a composite of Paretto’s political elite dialectic. The persuasive Swahili speaking Fox who connected with the masses contrasted with the populist and xenophobic English speaking Lion who provide a soft target for Western critics. The regime’s excesses generated the equal and opposite reaction resulting in the push for the comprehensive constitutional makeover. He also fostered the political culture of tricksters and masks that contributed to the electoral trauma overtaking the 2007, 2013, and 2018 national polls.

During the days following Moi’s departure, Kenyan journalists have produced a body of reportage, personal vignettes, opinion pieces, recapitulations of the human rights carnage, and Moi era historical perspectives. The revisionism of some elders reopened many wounds.

These backward looking accounts, the-good-Moi-bad-Moi debate being waged on social media, and the yaliyopita ni ndwele nostalgia of television talk shows are peripheral to the new challenges of the reorganisation phase.

John Ilife’s short book, The Emergence of African Capitalism, ends with a useful comment on the role of agency in Africa’s transition to a distinctively Indigenous capitalism. It is certain,” he states,” that in determining whether or not African capitalism can establish itself as a creative force, political skill on both sides will be crucial.”

Because the private sector was dominated by the Gikuyu and the small Asian community, Moi’s policies effectively inhibited the private sector’s growth until liberalisation forced him to make a choice in 1989. He chose the Asians, a choice that reinforced the Gospel According to Saint Mark primitive accumulation, inhibiting Schumpeter’s creative destruction of capitalism now emergent across the region.

Much of the purloined assets and rent-seeking that took place after independence has not contributed to formal sector progress, leaving the more adaptive informal sector to absorb most of the unprecedented numbers of young Kenyans entering the economy.

The current phase of regional capitalist penetration comes with a new cast of international actors with the Chinese in the front rank of a new array of regional states that include the UAE, Turkey, India and other new actors establishing a foothold in the Horn of Africa’s political economy. The “both sides” equation is changing, and it will take more than Illife’s creative indigenous capitalism to unlock Africa’s potential.

Reorganisation and the Case for Game Change

Release can lead to diverse outcomes from socioeconomic transformation to collapse, or retreat back into the conservative order. Kenya’s reorganization is at an early stage. It will subsume a new set of challenges and opportunities that will require not only updated political skills, but also a sophisticated understanding awareness of the forces in play.

The world appears to be undergoing a release phase across system scales that is raising questions about the civilisational order generated by win-lose capitalism. There are deep conversations taking place around the world focusing on the array of post capitalist concepts and tools for addressing a range of contemporary issues.

Examples include market based valuations of ecological services, endemic racism and right wing populism, artificial intelligence, profit seeking health care, climate change and resource scarcities, the impact of social media impacts on political processes, and our conflict sustaining security frameworks. There are many others feeding into the new values-based narratives emerging across the planet.

The diagnoses of Frantz Fanon, Kwame Nkrumah, Samir Amin, Walter Rodney, Julius Nyerere, Amilcar Cabral, and other anti-imperialists of that era were not so much incorrect as they were limited by neo-Marxist dirigisme of the exploitation-conservation phase overlap.

Kenya’s transitional incoherence is too complex to support an equally dirigiste Dubai or Chinese style developmental template. But it’s size, organisational diversity, and a resilience bred out of chronic uncertainty gives it an advantage over the large polities that for generations have dominated the world. Rwanda’s progress is a case in point.

The diagnoses of Frantz Fanon, Kwame Nkrumah, Samir Amin, Walter Rodney, Julius Nyerere, Amilcar Cabral, and other anti-imperialists of that era were not so much incorrect as they were limited by neo-Marxist dirigisme of the exploitation-conservation phase overlap.

Moreover, Kenya’s demographic structure comes with a forward-looking orientation that can support a localised variation on this discourse of collaborative creativity and its problem solving applications. To do so, however, our millennials will have to broaden their intellectual horizons and adopt the game-changing mind-set needed to hack the instrumentalities driving the quasi-reorganizational thinking behind debt magnets like LAPSSET and Vision 2030 centralised planning.

Several months after the 1997 elections I was crossing Harrambee Avenue when the President popped up in a land rover. I will never forget his spontaneous address to the small crowd that gathered: “Hiyo katiba tutarakebisha, lakini nataka nyinyi wananchi mukumbuke kwamba hata katiba haiwezi kuzuia shari ndani ya moyo wa binadamu.

“We will overhaul the constitution, but I urge you Kenyans to remember that even a new constitution cannot restrain the evil in men’s hearts.” Game on.

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Daniel arap Moi and the Politics of Kenya’s Release

14 min read. Much has been written about Daniel arap Moi, and his death has uncorked a litany of previously hidden details and insights into the Shakespearian drama he presided over while in office. But how do we evaluate the legacy of Moi’s agency during his time in office?

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The death of Daniel Toroitich arap Moi on 4 February triggered a predictable avalanche of contradictory responses. The national media has led the canonisation campaign while a range of other Kenyans sniped at the “Professor’s” poor human rights record and state corruption. BBC correspondent Dickens Olewe reported that Moi left a legacy that will be vigorously debated in the wake of his death, underscoring that “Kenya has changed a lot since Mr Moi left office but his influence will continue to be felt for a long time”.

The resurrection of the Kenya African National Union has already proved to be one of the former President’s most durable achievements. Moi revived the moribund party that brought Kenya independence as the vehicle for his patrimonial rule. The observation that KANU is still ruling the nation is one of the truisms of Kenyan political exegesis. The names and slogans have changed, but the political monoculture that was seeded by Jomo Kenyatta and watered by Moi has held sway over each successive government.

Moi himself was a more elusive phenomenon. His generous and magnanimous persona masked his political acumen. Moi’s two terms under the multi-party regime complicated the enigmatic leader’s profile considerably, adding another decade to the President’s long conversation with the nation. Most of this conversation occurred on the stump where for decades he reiterated his mantra of peace, love and unity with metronomic consistency.

Heavy-handed and despotic after the chaotic 1982 coup attempt, his two terms under the multi-party system allowed the President to sharpen his skills and play the political trickster exposing the opposition’s motivations as no different from those of his own KANU sycophants.

The political monoculture that was seeded by Jomo Kenyatta and watered by Moi has held sway over each successive government

“You Kenyans,” he once berated a large assembly of wananchi, “you Kenyans are a very difficult people to govern!”

The constant succession of schemes, gambits, and political gimmicks served up by his cronies and opponents alike validated his credentials as a mariner in a turbulent ocean. Moi kept the ship of state moving forward at a time when a mix of internal and external forces deemed African governance to be more a case of good seamanship than the neoliberal navigation advocated by the country’s Western partners.

All of this makes sorting out the Moi legacy a highly cautionary exercise. People who were not around for the grand political trope Moi set in motion may not understand what the fuss is about. He was a corrupt and long-serving autocrat who cracked heads. But it is nevertheless important to recognise how the death of a leader serves to crystallize a nation’s perception of itself, and how it got to where it is now.

Political History as System Cycles: Exploitation and Conservation

History comes in different packages. Sometimes it tells the story of empires and civilisations, other times it focuses on the life of great individuals. In recent times, scholars have focused on the social and cultural life of communities and nations to fill out the frame. Scientists have produced works of history detailing how soils, climate, and epidemics have molded life on earth across the eons.

More recently, the study of system dynamics has seen the ecological concepts reproduced across various disciplines, leading in turn to the rise of trans-disciplinary analyses of complex systems. The science of complexity defines decision-makers influencing how a given system behaves as agents—actors subject to larger forces that determine how the games they play are decided.

It is important to recognize how the death of a leader serves to crystallize a nation’s perception of itself, and how it got to where it is now

It follows that systemic influences shaped the landscape that Daniel arap Moi in turn shaped over the course of his 95 years. Much has been written about the man, and his death uncorked a litany of previously hidden details and insights into the Shakespearian drama he presided over while in office. But how do we evaluate the legacy of Moi’s agency during his time in office?

Kenya has undergone several transitions beginning in the run-up to European intervention. Models of ecological cycles provide one method for analysing the developmental dynamics underlying these transitions. Sanderson and Hollings, scholars associated with the resilience movement, have proposed that their model of ecological succession cycles is applicable to social systems.

The cycle encompasses four phases: exploitation, conservation, creative destruction or release, and renewal and reorganisation. These phases are best regarded as ideal types that unfold in an uneven manner with significant overlap. They nevertheless provide a useful backdrop for assessing the evolution of a given system, which in this instance is Moi’s Kenya.

The exploitation phase corresponds to the decades bookending the colonial interlude. Imperial intervention created a new political economy in Kenya based on large-scale agriculture and its state-based support structure dominated by a small ethnic elite. Kenya was both redesigned and reimagined from above as an aggregation of communities distinguished by linguistic and cultural markers and separated by territorial boundaries.

Colonialism instigated a new cycle of far-reaching change for the now politically and spatially bounded territory. In another historical iteration, the region’s borders could have followed different criteria. Left to its own devices, for example, the regional process may have lumped the decentralised societies of the Kenya highlands together with other Bantu speakers to the south and east, or a greater Cushitic nation could have emerged out of the vast rangelands of the Horn of Africa.

This may still happen over time. But the fact of the matter is that history conspired to merge an amalgamation of communities into a nation more variegated and diverse than the population of Europe. These communities share a space the size of France. The mix of ecologies and economies the new colony encapsulated made Kenya unique, even by the standards of this culturally diverse region. The British colonisers controlled the territory by simplifying the equation.

Exploitation was consolidated through the importation of institutions of governance and protocols adapted to the European experience. For the colonial administrators who found indigenous production systems in varying states of crisis and recovery following the disasters of the 1890s, the practical issue was generating the economic output necessary to finance the protectorate and soon-to-be colony. They built the railroad to Uganda, and most of the investment and change over the next eight decades occurred in the agricultural highlands it served.

The inhabitants of these areas bore the brunt of European occupation, which is not to say that the neglect of other communities was not exploitative. The incorporation of the indigenous population into the capitalist economy accelerated with the Swynnerton Plan of 1954, which shifted the role of the indigenous households from labourers to semi-autonomous producers.

This, and the inevitability of political independence, marked the beginning of the conservation phase. Jomo Kenyatta’s agency focused on the preservation of the post-colonial status quo, presided over by his ethnic cohorts with an element of power sharing incorporating a new caste of tribal power brokers into the ranks of the new elite.

Exploitation was consolidated through the importation of institutions of governance and protocols adapted to the European experience

Where other African leaders sought to move directly into the release phase and liberate their people from the political and mental dominance of external hegemonies, President Kenyatta opted to conserve the country’s economic configuration. “I cannot experiment with the lives of my people,” he told his fellow East African heads of State, the socialists Julius Nyerere and Milton Obote.

Conservation also involved expanding new avenues of accumulation within the post-independence economy. For over a decade Kenya achieved a combination of diversified economic growth and political stability. But the template remained the same: in 1975 coffee, tea, and petroleum products still provided 75 per cent of Kenya’s export earnings. Most Kenyans still derived their livelihoods from agriculture.

The development of the conservation phase reached its apogee during the coffee boom of 1977-78, prompting displays of conspicuous consumption. Ordinary Kenyans were treated to the spectacle of the highly publicised shopping trip to London of a group of coffee planters and their wives; they chartered an extra Boeing 747 to convey their purchases back to Kenya.

The country’s state capitalism reinforced large-scale production, formal sector enterprises, exchange controls and import substitution, a provincial administration controlling preferential access to resources and services, and an elitist education model. Although Kenya was a paragon of stability, there were cracks in the façade. Corruption was increasing and the one-party state had become a no-party state run by Kenyatta’s Kiambu kitchen cabinet.

Coffee came to symbolise the pinnacle of the development of the conservation phase. The industry’s subsequent decline is an interesting exemplar of release phase transitional dynamics. The shift from Kenyatta to the Moi regime described a similar arc of boom and decline. Kenya’s colonial blueprint had reached its natural limit as a small ethnic cabal controlled the government, and large swaths of the country were ruled as an internal colony.

Land ownership was a volatile manifestation of Kenya’s dual economy and structural inequality. In the 1979 census Kenya registered a 3.6 per cent population growth rate, and jumped to an unprecedented 4.1 in the 1989 census, guaranteeing decades of increasing pressure on the already hard-pressed economy and land resources. This configuration could not be sustained.

The transition from conservation to release was already underway when Moi took office in August of 1978. The vice president’s limited ability to grow his wealth despite his privileged position in Kenyatta’s government set him apart from Kenyatta’s inner circle. They regarded him as, “a passing cloud” although Mzee Kenyatta had rejected their assessment. They believed that Kenya needed a hard-nosed capitalist who could keep in check the unruly masses and the Marxist agitators who made a point of drinking their beer out of cow horns.

Two plots to remove Moi from the line of succession brought the fault lines into clear view. One involved amending the constitution, the other was the Ngoroko Squad, ostensibly an anti-poaching unit clandestinely created to remove the vice president and his key allies in the event of the death of the ailing Kenyatta.

The former failed following the intervention of the Attorney General, Charles Njonjo, and the other backfired when President Kenyatta died in Mombasa, allowing the Coast Provincial Commissioner to set in motion the swearing-in process before the Ngoroko Squad could intervene. Moi was to face many other threats over the course of his tenure.

Kenya’s Release Phase Political Dynamics

Forest succession is a commonly cited example of the ecological model featured here. The establishment of tree species corresponds to the exploitation phase, the maturing of trees supporting the greater arboreal ecology corresponds to the conservation phase, and destruction, usually by fire, triggers the release phase, which eventually gives way to reorganisation in the form of whatever similar or new ecological system follows in its place.

Ecological release is similar to the creative destruction of capitalism, a concept derived from Marx and popularised by the Austrian economist Joseph Schumpeter. The impact of ecological release, however, considerably exceeds the influence of Schumpeterian innovation in the business cycle. Release, in contrast, proceeds by breaking up the rigid conservative order, which takes the system into the more liquid, chaotic regime of complexity science.

Kenya needed a hard-nosed capitalist who could keep in check the unruly masses and the Marxist agitators who made a point of drinking their beer out of cow horns

Release rearranges established linkages, leading to a more fluid but turbulent state system, facilitating what Robert Kaufmann refers to as spontaneous internal organisation, a process strongly influenced by the system’s initial conditions. Reorganisation inevitably generates varying degrees of violence. Conflict, in the context of this case study, is a function of agents within the system pursuing different strategic objectives.

This is an important caveat qualifying the role of human agents, especially in a complex system like Kenya where the potential for political violence is always close to the surface. The criteria in this context is not based on ethical or moral considerations, but on how conflict affects the capacity to adapt and to navigate the system from release to the reorganisational phase.

When Kenya’s release cycle began to erode the post-independence order, most Kenyans attributed it to disruptive developments reverberating within the political arena. At the time, no one was able to anticipate the directionality of these developments and the trajectory that was set in motion. Most Kenyans hoped a blend of continuity and incremental change would prevail over the radical agenda of the Kenyatta state’s critics.

The new president was well aware of his vulnerable position when he took over. Kenyatta’s death generated a temporary mood of political reflection similar to the one we are currently witnessing. Moi took advantage of this by declaring he would fuata nyayo za Mzee, follow in the footsteps of Kenyatta. Most Kenyans were not familiar with the Swahili term for footstep (nyayo) when he made the declaration tethering the new regime to the conservative policies of the first government.

The idealistic goals of the post-independence neo-Marxists were fading across the continent. Nyayo governance became a form of adhocracy predicated on Moi’s vision of national unity, but otherwise unencumbered by any ideological orientation. The missionary Christianity of Moi’s upbringing only partially filled the space that it shared with the anti-intellectual biases and suspicion of external blueprints Moi displayed once he was in the chair. His intimate familiarity with the Kenya landscape and the behavioural proclivities of its inhabitants became the theory behind the trial and error process that characterised most of Moi’s time in office.

The prospects of a fresh start—Moi famously stated that sleeping in a bed of gold will not guarantee a good night’s sleep—reassured the body politic. But the sponsors of the change-the-constitution plot were unrepentant. They saw Moi as a soft target, an unsophisticated church-going country lackey who could be dealt with in due course.

Moi quickly adapted his low profile modus operandi to deal with the threat. The new Moi emerged as a master of ambiguity and unpredictability, sowing uncertainty to offset his weak power base. He began by instigating the pro-Nyayo and anti-Nyayo debate, which allowed him to cull his opponents in the Kenyatta network of high-ranking administrators and regional power barons.

This was the first in a series of often theatrical ploys played out in the public sphere. These tactics required no small amount of public acrobatics and reverse spin by the new coalition of political travellers and opportunists hitched to the Moi caravan. It was later extended to high-ranking civil servants, cabinet ministers, ambassadors, and other members of the Moi nomenklatura in the form of unexpected announcements on the state broadcaster’s 1 pm news bulletins.

Most Kenyans hoped a blend of continuity and incremental change would prevail over the radical agenda of the Kenyatta state’s critics

The 1977 spike in world Arabica prices had boosted Kenya’s domestic income by 14 per cent. The boom gave way to a precipitous reversal of the sector’s fortunes, exacerbated by widespread use of counterfeit agro-chemicals in 1979 that resulted in catastrophic crop failures.

The problems affecting coffee production soon spread to other areas of the estate sector such as sisal, maize and wheat, and livestock farming. But Kenya’s commercial smallholders absorbed most of the pain. Moi used their marginalisation to increase small-scale producer cooperatives’ representation in institutions like the Kenya Producers Cooperative Union (KPCU) and otherwise exploited smallholder grievances to further counter the influence of the estate sector’s entrenched elites.

The financial buffer protecting the Kenyatta elite planters concentrated around Thika and Nakuru was wearing thin, decreasing the clout of another set of anti-Nyayo actors. But the powerful kingmaker behind the Moi succession, Charles Njonjo, was the real threat. Njonjo tipped his hand when he attended a Kiambu church where the pastor’s sermon referred to “the lead sheep who cannot lead his flock to good pasture.”

Moi outflanked him by announcing that Western governments were grooming “a traitor in our midst”. Kenyans added another previously obscure Swahili term, to their vocabulary as speculation over the unnamed msaliti mounted over the days, sending an array of possible saboteur candidates running for cover.

One of the president’s allies eventually named Njonjo. Parliament shouted him down when he tried to defend himself. Removed from office and isolated, a commission of enquiry that was high on entertainment but low on hard evidence finished the job, sending the pardoned but disgraced Njonjo into retirement in 1983.

The institutional entropy overtaking Kenya’s public sector was less amenable to political quick fixes. The endemic discontent in Luo Nyanza spread to other communities, encouraging a cabal of non-commissioned Air Force officers to plot a Samuel Doe-style military coup on 1 August 1982. The poorly executed takeover was symptomatic of the creeping disorder underpinning popular opposition to the Moi state. This coup redirected the subsequent course of events. Moi called snap elections, trusting the electorate to undertake another culling operation.

Some of the problems fueling the decomposition of the old status quo were internal and some were external, such as the donor-dictated structural adjustment policies and the privatisation of state assets that followed in their wake. Others were a mix of environmental factors and the government’s limited capacity to manage contingency arrangements, like the maintenance of strategic grain reserves during the boom-bust maize production cycle of the early 1980s.

They saw Moi as a soft target, an unsophisticated church-going country lackey who could be dealt with in due course

The food security problem became a full-blown national crisis when the 1984 long rains failed. Even though the government response to the famine was efficient, the narrative from below blamed the government for the stomach cramps and diarrhoea caused by the American yellow maize distributed as relief food.

The redistributive logic behind Moi’s patrimonial politics fed the spreading corruption of the post-1982 period. Where Kenyatta’s corruption was elitist, Moi presided over a more inclusive government that partially mitigated the backlash against his populist gravy train. Regardless of the motive and the contribution of the collinear neoliberal policies to the public sector meltdown, the corrosive impact on social services was the same.

In the meantime, Kenya’s reputation for stability was now more a function of the growing chaos raging across the greater region than of the nation’s internal equilibria. The consensus abroad focused on the need for programmatic policy-based solutions to address Kenya’s faltering progress. If Moi’s gospel of peace, love, and unity appeared homespun and quaint, his by-the-seat-of-his-pants governance style came across as reactionary in contrast.

Moi had, by that point, no patience with any form of political critique however constructive or patriotic. When the government massacred several thousand ethnic Somalis quarantined without food and water at the Wagalla airstrip in Wajir in February 1984, the opposition remained silent. The double standard applied to Kenya’s minority communities provides a backdrop for the number of brave and principled critics of the government who also paid a heavy price over the years.

The fire that started as a bush-clearing exercise was raging out of control.

Razing the Forests

In 1989 I returned to Kenya to undertake a PhD on the commercialisation of small-scale agriculture, and all was not well. The Ministry of Agriculture’s Land Rovers were running out of fuel by mid-month, cooperatives and local authorities went into remission. The purchasing power of civil service salaries continued to decline, agricultural output stagnated, the new American Ambassador ratcheted up the criticism, and Kenya’s traditional allies diverted their developmental funding to the country’s emergent civil society.

Disenchantment with the government had increased apace with the impact of donor conditionalities. For KANU’s primitive accumulators, the Bretton Woods policy reforms turned out to be very good news. The political machine had to be fed, and the privatisation policies provided a new entry point. Kenya’s public lands became a source of new fuel. Privatisation released Moi’s State House to unleash a wave of environmental degradation.

The narrative from below blamed the government for the stomach cramps and diarrhea caused by the American yellow maize distributed as relief food

The Nyayo tea zones carved out of the margins of highland forests had signalled the Moi government’s position on Kenya’s dwindling forest cover. Forested areas of the Rift Valley like the Enosoopukia watershed and the Mau escarpment were opened to smallholder settlement. Local compradors used their State House connections to target other local forests, urban real estate, riparian border zones, and communal land reserves. Excisions in Nairobi’s Karura forest, a stone’s throw from the United Nations Environment Programme headquarters, became the stuff Nobel Prizes are made of.

A 1990 profile published in the New Yorker portrayed Moi as a paragon of Africa’s Big Man syndrome. Previous to this, one of my former students had published a similar exposé in the International Herald Tribune. However correct these critiques may have been on the surface, they did not factor in the larger dynamics at work, including the effects of International Financial Institutions’ policies on African policy.

Privatisation in Kenya reminded me of Victor Borges’ short story, The Gospel According to Mark. A Christian missionary goes off to a remote atoll to share the good news with its primitive inhabitants. He spends the better part of a year preaching in a simple wooden church. The natives duly attend, but remain dull-eyed and show no sign that they comprehend the import of his sermons. Then, early one Friday morning in April, his pupils come to his house en masse. They are uncharacteristically excited and babbling in their language, which the missionary has yet to master. He only recognises some localised words from the scriptures. Their joy and enthusiasm increase as they escort him to the church. Perplexed, the missionary turns the corner where, with smiles and gesticulations, they point to the cross and the nails they have prepared especially for him, their foreign saviour.

Local compradors used their State House connections to target other local forests, urban real estate, riparian border zones, and communal land reserves

Cannibalising parastatals and running down other state corporations and using the purloined resources to buy the assets back at throw-away price became standard procedure. Prime land was privatised only to be sold back to the government at inflated prices. The plot-grabbing mania snowballed until schools, churches, private property, and even the dead in their cemeteries were fair game for the grabbers and their accomplices in the hallways of the Ministry of Lands. Like the bodyguard who stole the President’s gold KANU cockerel from the bedroom of his Kabarak farm, one especially bold privateer obtained a title for a Nairobi plot that actually belonged to Moi.

While politicians and activists incited their constituents against the Moi government, angry peasants targeted their local patrons, co-op officials, and corrupt civil servants. The seizure of cooperative factories, the burning of tea and cane fields, and the revolt of rice growers forced state marketing bodies to raise producer prices and in some cases cancel farmers’ loans. Smallholder producers launched lawsuits against managers of cooperatives, others attacked officials or burnt down their houses. The reform of the Cooperatives Act side-lined the front-line ministry of rural development, leaving producers at the mercy of local mafias and a new class of brokers and middlemen usurping their role.

Powerless to stop the forces they had set in motion, the IMF mandarins turned off the taps and left capitalism in Kenya to sort itself out without them. Elsewhere in Africa the turbulence released by their neoliberal medicine was claiming many of Africa’s Big Men: how was Moi to avoid the same fate?

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Moi’s Theatre of the Absurd: Reflections on My Generation’s President

15 min read. DAUTI KAHURA recalls what it was like living in the Moi era.

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Moi’s Theatre of the Absurd: Reflections on My Generation’s President
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On a sunny Saturday afternoon, sometime in 1987, I was taking a stroll from Section 19 into Kitale town, then an agricultural, sleepy, settler town. I did not pay much attention to the beige VW Kombi that passed by me until after it had gone like 20 metres before it started reversing. I kept walking, and the Kombi reversed past me to stop near some school girls who were walking behind me. I had not noticed the girls either. They were in green uniforms and were from Kitale Girls, the school that was later to be renamed St Monica.

I stopped to watch as the passenger in the Kombi van rolled down the window and started talking to the girls. As he talked to them, his right hand reached to the glove compartment and removed a wad of neat Kenya currency notes, which he gave to one of the girls. No sooner had he given the money to the girls, who were by then giggling with excitement, the van zoomed past me, the passenger rolling up the window. I had heard that President Daniel Toroitich arap Moi was a man who was besotted with school girls, but until then, I had never taken it seriously.

I will always remember this act of spontaneous magnanimity – of a president going about his business in an unmarked nondescript van (the Kombi became associated with Moi’s tours across the country) and stopping to chat up some students and hand them some cash. I went away thinking, what a kind man, a president who stops to engage with students along a road. That scene stayed in mind for a very long time.

But as I was to learn later, Moi was a man with many faces, someone who could evince deep feelings of empathy as he simultaneously schemed to inflict deep pain on his adversaries – real or imagined. He transitioned effortlessly from one face to the other, leaving many people aghast and confused.

Three years after my close encounter with Moi, in 1990, I was a barman in Ukunda, which lies along Kenya’s south coast, five kilometres from the famous Diani beach. I had some special clients who worked at the Kwale Law Courts who patronised the club nearly every day. They were clerks, lawyers, magistrates and civil servants. I liked discussing politics with them. Many of them were from the Luo community.

But as I was to learn later, Moi was a man with many faces, someone who could evince deep feelings of empathy as he simultaneously schemed to inflict deep pain on his adversaries – real or imagined. He transitioned effortlessly from one face to the other, leaving many people aghast and confused.

On February 12, 1990, the daily newspapers reported that Dr Robert Ouko, the Minister of Foreign Affairs, had gone missing. That evening, when the patrons came for their drinks, the point of discussion was the missing minister. I remember telling them that there was no way a minister could go missing, I do not know where I had gotten that information, but I recall telling them a president must always know where his cabinet ministers are on a daily basis. A minister must report to the president wherever he is, more so a foreign affairs minister. I told them the minister was long dead.

“Young man,” shot back one of the Luo civil servants, “what are you talking about? You are too young to know these things.” We left it at that. The following day, the papers reported that the minister’s body had been found at Got Alila village in Koru in Kisumu by a herdsboy. That day, my Luo patrons did not work, so they came straight to the bar at about 10.00am, carrying their newspapers. They ordered for their drinks, but could not drink them. They were very distraught. Conversing in Dholuo, one of them, overcome by emotions, broke down and wept. It was my first time ever to see a man weep uncontrollably.

“Oh God”, mourned the man, “they have done it again. Kenyatta killed [Tom] Mboya and now Moi has killed Ouko. Why, why, why, nobody likes us…we’ll always be on our own.” One could feel the indescribable pain the man was undergoing. As writer James Baldwin would write, my dungeons shook. Mboya was the mercurial Minister of Economic Planning and Development when on July 5, 1969, he was shot by an assailant, Isaac Njenga, at around 1.00pm as he stepped out of Chhani’s Pharmacy on Government Road (today’s Moi Avenue).

Close encounters

In 1991, I was back in Kitale. My friend, an architect, asked me to accompany him to go and see his client. His client was a well-heeled politician, as connected as they come. He owned a merchandise shop on Kenyatta St. On the day we went to see him at the shop, he was in a foul mood.

“Hawa waKikuyu wanafikiri hao ndio akina nani? Sisi tulialika hawa hapa Rift Valley tukawapatia mashamba ya kulima…sasa wanasema wanataka multiparty politics. Juzi mimi nilikua na mzee na amekasirika sana…ametuambia lazima tuonyeshe hawa waKikuyu Rift Valley ni ya kina nani. Wewe ngoja tu, baada ya miezi sita utasikia maneno – tutachoma na kufukuza hao kabisa.” Who do these Kikuyus think they are? We gave them farms to till here in Rift Valley…now they are saying they want multiparty politics. You know the other day I was with President Moi and he was very angry…he has said we must show these Kikuyus who owns Rift Valley. Just wait, in six months time, you’ll hear for yourself – we’ll burn their properties and chase them out of Rift Valley.

The politician assumed that I was a Bukusu from Trans Nzoia.

As sure as night follows day, six months after, ethnic violence – sometimes referred to as ethnic cleansing – started sporadically all over the Rift Valley. Moi and his cohorts called them tribal clashes.

I had gone to school in Kitale, so I had made many friends across the ethnic divide. One of them was from a Kikuyu family that lived up in the Cherangani hills scheme, where his parents were crop and livestock farmers on a 10-acre piece of land. As “ethnic cleansing” sprouted all over Kitale and other places, my friend narrated to me how one night his family was attacked by Kalenjin warriors armed with bows and arrows. My friend said that that night, the family thought they would meet their maker. But when morning came, they emerged from their hiding places alive. But their livestock was gone – their cows were doused in petrol and burned alive. “We could smell the burning of raw meat…you can imagine the torture the poor animals underwent,” he told me.

Moi had instigated the ethnic cleansing of the Kikuyus in the greater Rift Valley province because he had been forced by the West to reintroduce multiparty politics. In 1989, the Berlin Wall had collapsed and two years later glasnost and perestroika has set in in the former Union of Soviet Socialist Republics (USSR) as nation-states broke away to claim independence. Kenya had been a darling of the US and UK – barely four years before, in 1987, Margaret Thatcher had praised Moi as an African statesman when he went calling at Downing St. The West had turned its back on Moi by tightening the purse and asking him to conform to the new political dispensation. The Cold War had come to end and the US was now the unchallenged superpower.

“Moi’s double-faced beguiling character is something many Kenyans did not know,” said journalist Ken Opala. “Moi was a master manipulator of emotions, he could charm you out of your socks.” Sometime in 1996, Opala had an encounter with Moi at the Jomo Kenyatta International Airport (JKIA)’s state pavilion. Opala, then reporting for the Daily Nation newspaper, had gone to cover the state visit of Jiang Zemin, the President of the Communist Republic of China.

As he, Kipkoech Tanui (today the group executive editor at the Standard Group but then a rookie reporter, also working for the Daily Nation) and Manoah Esipisu (now Kenya’s High Commissioner in the UK but then working for Reuters), stood metres away from the state pavilion, President Moi leisurely walked towards them, his left hand in his pocket. When he approached Opala, he asked him:

“Eehe na wewe ni nani?” What’s your name?

“Ken Opala wa Nation”

“Juzi mlikuwa na pullout, mbona hamukutaja Moi na kazi ile serikali inafanya?” Moi queried Opala.

It was just after May 1st that Zemin was visiting and President Moi remembered that the Daily Nation had carried a pullout on Labour Day and apparently he was not happy with it.

“Nyinyi ni watu wabaya sana, munaandika tu mambo yenu…si ya kutengeneza nchi…kama vile serikali yangu inafanya,” Moi lamented.

“Lakini siyo hivyo mzee,” It isn’t that way sir, Opala interjected.

“Lakini nini?” Moi turned on the hapless Opala.

“Wacha flattery.” Stop the flattery retorted a stern Moi, poking Opala on the chest with his index finger.

Taken aback by Moi’s brash harshness, Opala knew he had annoyed the president by defending his employer. But Moi suddenly changed tact and moved closer to him:

“Opala wewe ni mzuri, Kwendo Opango ndio mbaya.” Opala you’re the good one, Kwendo Opanga is the bad one, said a demure Moi, almost cooing into the journalist’s ear. (Kwendo Opanga used to write a hard-hitting Sunday Nation column, which Moi disliked.)

As the Zemin’s plane taxied closer to the apron, where Moi was waiting to receive his guest, his security inched closer to him, signalling him to move away from the journalist.

“Wewe wacha, mimi na ongea na mtu yangu,” You stop, can’t you see I’m talking to my friend, said Moi to the security men. Vice President George Saitoti, who died in a helicopter crash in June 2012 in Kibiko, off Ngong town, seemed uneasy as Moi insisted on talking to the journalist.

Sisi ni wazuri, hao ndio wabaya, twende, twende tukapokee mgeni. Huyu rais ni mzuri anatuletea pesa, wachana na watu ambao wanaadika mambo ya fitina tu.” We are the good people, let’s go and receive the president, he’s a good man, he’s bringing goodies for us. Leave those people whose only work is to pen malicious stories.

Much later, Opala, humbled by the fact that the most powerful man in the country had taken time to engage with him, marvelled at the simplicity of Moi. He believed that the president was a good man who was misunderstood by people who did not know him well. The journalist began doubting whether all those bad stories about Moi were true after all.

Several weeks later, Opala had another chance encounter with the president. Thinking that they were already friends, and that Moi would remember him (apparently, Moi’s memory was legendary), Opala was surprised when the president ignored him and behaved as if he had never met him. “I couldn’t believe Moi, who had talked to me like his son, sharing with me some juicy anecdotes, would behave so coldly towards me like that: I almost wondered what I had done this time,” said Opala. That little experience nearly traumatised the journalist.

Kabarak School: Moi’s backyard  

A master of the game, Moi political life enacted such plays all the time in his political life. He conjured up schemes to keep his political friends and foes alike busy fighting each other as he continually plotted to antagonise them by creating mutual suspicions among them. “Sometimes we think that’s why he built Kabarak School,” said a top notch medical doctor, who is an alumni of the school Moi built.

Kabarak received its first Kenya Advanced Certificate of Education (KACE) “A” level students in 1979, four months after Moi ascended to the presidency. “That’s how powerful a Kenyan president is,” said my medic friend. The medic was in the second lot of the 1980/1981 “A” level lot. “I’d been called to Mangu High School to pursue Maths, Chemistry and Biology, but I got a letter from Kabarak and my father, looking at the fee structure, said the school had been built to save his meagre savings… the fees were rock bottom.”

Although the school was built with taxpayers’ money, Moi privatised it, as he would Sacho High School in Baringo County, which is 25km from Kabarak and which is in his ancestral village of Sacho and Sunshine School, which is in Nairobi West, Nairobi County. All three schools enjoy exceptional facilities and the teachers from the Teachers Service Commission (TSC) are all funded by the public. Yet it was Moi who decided who would attend them. Sunshine School was even built on grabbed land – the land on which Sunshine School sits once belonged to the Prisons Department.

Kabarak began by poaching all the best students from other schools around the country. To start off “A” level class, it poached Kenya Certificate of Education “O” level students who had been called to both Alliance High Schools (Boys and Girls), Highlands Girls, (today Moi Girls Eldoret), Kagumo High School, Kangaru High school, Kenya High, Lenana School, Limuru Girls, Loreto Girls, Nairobi School, Nyeri High, Thika High, Maseno School – basically the top schools in the country then, as now. Moi also did the same with teachers. He picked the best teachers from these schools, and populated Kabarak with them.

Although the school was built with taxpayers’ money, Moi privatised it, as he would Sacho High School and Sunshine School. All three schools enjoy exceptional facilities and the teachers from the Teachers Service Commission (TSC) are all funded by the public. Yet it was Moi who decided who would attend them.

Esther Koimett was among the first students of the “A” level class of 1979/1980. She is the daughter of Nicholas Biwott, one of Moi’s most powerful henchmen who later acquired the nickname “The Bull of Auckland”. Koimett is now the Principal Secretary in the Ministry of Transport, Infrastructure, Urban Development and Public Works.

Other better known Kenyans who passed through Kabarak include Mary Ijaya Mudavadi, sister to Musalia, Chepchumba Kandie, the daughter of Aaron Kandie, the former solicitor general, Sam Mwamburi Mwale, the former Permanent Secretary in Mwai Kibaki’s government, Orlando Lyomu, the Chief Executive Officer at the Standard Group, and Samson Chepkairor, aka Sam Shollei, also a former Standard Group CEO. (Chepkairor’s classmates of the 1980/1981 “A” level class cannot remember when he changed his name to Shollei.) Others were Robert Matano’s two daughters, Nick Salat’s two sisters and Margaret Nderi, the daughter of Ignatius Nderi, the powerful boss at the Criminal Investigations Department (CID) during Mzee Jomo Kenyatta’s rule.

Sometime in January 2005, I went to talk to Geoffrey Griffins, the Director of Starehe Boys Centre and School. Over and above everything else we talked about that afternoon, I remember him telling me about Moi, which he told me in strict confidence. When Moi become president, he approached Griffins and asked him to accept Kalenjin students. The director said that was not a problem, as long as they met the minimum qualifications. “This apparently did not please Moi because he expected me to say ‘yes, yes, Mr President’,” recalled Griffins.

Moi also wondered loudly why Mwai Kibaki remained the patron of Starehe Boys Centre, while Moi was now the president. “I told Moi, Kibaki remained the patron because the school’s management board, which included members of the British royalty, had settled on the former Minister of Finance and it was for them to decide who was to be the patron.” Soon after, Moi started Kabarak, where he became his own patron, and where one class each out of the four streams from Form I to Form IV was reserved solely for Kalenjin kids.

At Kabarak School, which was just a few metres from Moi’s house, he would invite Kanu political honchos and pit them against each other, right there in the school. “We witnessed many such incidents in which Moi would host two sets of warring Kanu factions and make them believe that each had his ear and exclusivity. One time, on a Saturday, he invited both Matu Wamae and Davidson Ngibuini Kuguru, the Mathira constituency (in Nyeri) titans, each not knowing that the other was also present,” said the ex-Kabarak medic. “Kabarak had many holding rooms where visitors to Moi’s house would be entertained. As Moi entertained Ngibuini in the house, Matu was kept busy at the school by Henry Cheboiwo, the first Baringo North MP and Moi’s confidant, Abraham Kiptanui, a former State House Comptroller and Aaron Kandie.”

Those who have been to Kabarak know that the home and school have two entrances on the Nakuru-Elgeyo Marakwet Road. Both entrances are guarded by the General Service Unit (GSU) Recce squad. Inside the school there is also a tarmacked road connecting the school to Moi’s house. As Ngibuini was being seen off by Moi’s handlers inside the house through the road leading directly from Moi’s house to the main road, Wamae was being ushered in through the link road between the school and the house.

Later both groups, Ngibuini’s and Wamae’s, would congregate at Stagshead Hotel (today known as Merica and owned by the Moi family) in Nakuru town. “Each confident that they had Moi’s ear and each having been given money to run the affairs of the Nyeri Kanu branch, they would begin their quarrels right there and Moi and his henchmen would be left in the house laughing their heads off,” opined the medical doctor. “We also witnessed Moi playing James Njiru against his perennial foe, Nahason Njunu from Kirinyaga.”

The semi-illiterate Njiru was the MP for Ndia, while Njunu was the MP for Gichugu. Njiru imagined himself to be very close to Moi, to the extent that when the president made him the Minister of National Guidance and Political Affairs, he knew he had the upper hand over Njunu. Njiru thought that he was so powerful that he could summon “errant” Kanu members and question them, which led the Anglican archbishop David Gitari, who hailed from Kirinyaga, to describe his ministry as the “Ministry of Misguidance and Political Thuggery”. The tall and slender Njiru and the short and stocky Njunu’s rivalry culminated in them once squaring it out in the precincts of Parliament in 1988.

Divide and rule: that is how Moi governed Kenya and that is how he managed to stay afloat for 24 years as he turned Kabarak into a theatre of the absurd. “One Friday morning, Moi came to the school (he was always hovering around it), when we were on parade and raising the flag. His Kombi van stood some distance away and Moi disembarked. He walked briskly past the principal, Mr Joseph Kimetto, straight to his office. When Kimetto saw that Moi did not stop to talk to him, he abandoned the parade and ran after Moi. He found Moi in his office. The next thing we saw was Mr Kimetto running fast towards his house,” narrated the doctor.

“Mr Githongo, you’re now the principal and you Mr Kajwang, you’re the deputy principal,” announced Moi. Githongo was an elderly teacher who had been poached from Kagumo High School in Nyeri and taught Biology, while Kajwang was from Maseno, and taught Chemistry. “Moi made the prompt appointments just like that,” recalled the doctor.

Divide and rule: that is how Moi governed Kenya and that is how he managed to stay afloat for 24 years as he turned Kabarak into a theatre of the absurd.

Kabarak was also a place that helped Moi avert loneliness, said the Kabarak alumni. “We’d see Moi in the dining hall, around the swimming area, in the playing field, walking past the classrooms, oftentimes stopping to listen to and watch momentarily as teachers went about their teaching. He was always at the school. He would order the school to pay school fees for respective classes. ‘This year Form I B, Form II D, Form III A and Form IV C will not pay school fees,’ it would be announced in the parade, courtesy of Moi, but of course this was taxpayers money.” He would do the same for Form V and Form VI.

The lonely kingmaker

Many years later, John Keen, his former Assistant Minister in the Office of the President, talked to me about Moi’s loneliness. In 2015, I was invited to his Karen home to attend a naming ceremony, an important occasion in the Maasai culture and tradition. One of his many grandsons was being named after him. I had gone to school with one of his sons and therefore I had known the senior Keen from the late 1980s. On that day, I spent the entire day talking to John Keen, until late into the night.

He narrated to me how some months before, Moi had sent an emissary to him: “Nimetumwa na Mzee Moi, anataka kukuona.” I’ve been sent by Moi, he would like to see you, said the envoy.

“I wondered what Moi would be summoning me for. I had not seen or talked to him for many years,” recounted Keen. Moi has asked that he go and see him at his home in Kabarnet Gardens, in the Kibera area. “When I reached there, I was ushered in to where he was. It was going to 2.00 pm and the hot sun was up, but guess what? I found Moi huddled next to the fireplace, warming himself next to the low-burning log fire.”

“I presumed he had an agenda for me, that there was something he wanted us to discuss…wapi, Moi couldn’t even recognise me, he didn’t even know that he had asked for me. He ordered that I be given some tea and then on and off, he would doze off. After three hours I left.”

After that visit, Keen concluded that Moi had been terribly lonely, especially after he left office in 2002. “He doesn’t have any grandchildren with him to keep him busy,” observed the one time Secretary-General of the Democratic Party of Kenya (DP), an opposition outfit that was once led by his long time friend Mwai Kibaki in the 1990s. “But also, when you grow old, you need a young wife to keep your fire burning and keep you warm too,” said Keenly cheekly.

Folklore has it that Moi kept The Prince, Nicolo Machiavelli’s little bible of political brutality, by his bedside. “Moi was brutal,” some of the people who suffered his wrath told me. Mirugi Kariuki, the Nakuru lawyer who later became the MP for Nakuru town in the Narc government of President Kibaki, told me that Moi was “a brutal incarnate”. He was detained alongside his longtime friend Koigi wa Wamwere during Moi’s regime. Moi ordered that he be tortured by the prison warders at Naivasha Maximum Prison because “I was recalcitrant and unrepentant”.

When Moi released him in 1991, “he found me to be even more unrepentant. He was furious with me because I refused to beg for mercy from him. He wanted me acknowledge the detention without trial and be grateful to him that he had released me – for that I was supposed to go and genuflect before him. My answer to him was: he hadn’t done me any favours.”

Moi suffered from acute paranoia, said Mirugi, who died in a plane crash in April 2006, “and an inferiority complex, especially from people who stood up to him. But over and above he covered his brutality with his supposed love for children.”

After that visit, Keen concluded that Moi had been terribly lonely, especially after he left office in 2002. “He doesn’t have any grandchildren with him to keep him busy,” observed the one time Secretary-General of the Democratic Party of Kenya (DP)…

After the 1997 general elections, Moi started scheming about how to bring the neophyte Uhuru Kenyatta into the political fold. When Moi, in the presence of Peter Mboya (the late son of Tom Mboya who died in a motorcycle crash in 2004) told Uhuru Kenyatta “nataka ungie siasa,” (I want you to get into politics proper),“Uhuru almost jumped out of his skin,” said a Moi relative who was present at the scene. “Hapana, hapana mzee,” No, no, protested Uhuru.

In 1998, after Uhuru was thrashed by a nondescript greenhorn, one Moses Mwihia, Moi asked some Kanu hawks to persuade him to vacate the seat for Uhuru. Mwhia refused. “So they turned to Mark Too, who was a nominated MP. After haggling for several weeks, Too acquiesced,” a Moi relative said to me. “Immediately Too agreed, they went straight to Kabarnet Gardens at 10.30pm. Moi came out from the bedroom in his pyjamas.”

“Mumekubaliana?” Have you agreed? Moi asked.

“Ndio mzee.” Yes sir.

“Haya sign hiyo makaratasi mara moja, hakuna mambo ya kungojea kesho.” OK, then sign those papers at once, there’s no need to wait until tomorrow. And that is how Uhuru become a nominated MP. The rest is history as they say.

When in 2006 William Ruto announced for the first time that he would run for the presidency, Moi was livid: “Ambia hiyo kijana awaje mbio,” Tell the young man to be patient, Moi told a close Ruto confidant. “Yeye bado kijana mdogo sana, kwa nini anakimbia namna hiyo? Mimi niko na mpango yake ya huko mbele.” He still very young, why is he in a hurry? I’ve got some plans for him for the future.

The truth was that Moi could not believe that Ruto had the audacity to declare an interest in the presidency. That was supposed to be the preserve of his favourite child, Gideon Moi.

Moi’s contradictions went beyond raw politics. When in 1989, he famously, alongside Richard Leakey, the then head of Kenya Wildlife Service (KWS), lit the “ivory fire” at the Nairobi National Park, he sent a powerful message to the conservation world that Kenya was not going to tolerate the selling of contraband ivory. Ironically, he lit the mountain of 12 tonnes of ivory while holding his signature fimbo ya Nyayo rungu, his symbol of authority, which was made of pure ivory.

In December 2002, I went to vote at Uhuru Primary School in Uhuru estate. The person in front of me was humming, “yote yawezekana bila Moi” lyrics. All is possible without Moi.

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