Tag: Uhuru Kenyatta

Quitting ICC? : no We cannot afford this!

Both our Senate and Parliament voted to withdraw Kenya from the Rome Statutes that established the International Criminal Court. Inevitably this has brought the subject of the ICC to the public stage in Kenya. This should be very healthy for our democracy. How I wish it would force a national discourse that has been lacking – one that embraces the topics of law, impunity and justice. Furthermore, such a discussion would force both government and citizens to reassess the costs and benefits of establishing international norms and the effects of opposing or complying with them.Kenya Parliament

We seem to be skeptics and rebels against everything we believe in, yet we embrace them whenever it is expeditious. The famous poet and essayist GK Chesterton, portrayed the flagging position of our present leaders on important issues like this when he said:

“But the new rebel is a skeptic, and will not entirely trust anything. He has no loyalty; therefore he can never be really a revolutionist[… ]In short, the modern revolutionist, being an infinite skeptic, is always engaged in undermining his own mines. In his book on politics he attacks men for trampling on morality; in his book on ethics he attacks morality for trampling on men. Therefore the modern man in revolt has become practically useless for all purposes of revolt. By rebelling against everything he has lost his right to rebel against anything.” ― G.K. Chesterton, Orthodoxy

Moving the motion in Parliament, Hon. Aden Duale. the majority leader in the House, said ; “The sovereignty of Kenya with a working judiciary and a vibrant democracy is under threat.” Then he added, ‘The constitution of Kenya promulgated in 2010 is supreme to any other law whether local or foreign.”

We should note that under the Rome Statute, domestic courts wield the primary authority, and only when they are unwilling or unable to prosecute crimes against humanity does the ICC have jurisdiction. One would hope that since the reformation of our judicial system it would have responded with alacrity to violations of humanitarian law committed during the post election violence, thereby eliminating the need for the ICC to prosecute, even though the statute ascribes ICC jurisdiction to only the most egregious and systematic crimes against civilians. We should have seen more indictments of offenders of PEV in our courts by now.

Charles Kanjama, an Advocate of the High Court of Kenya, arguing in support for the withdrawal from ICC said, “Kenya should not spend an hour longer than necessary as party to the Rome Statute. But the ICC suspects should continue co-operating in full, as long as ICC respects Kenya’s sovereignty in procedural rulings on the manner of trial. During trial, if ICC is not flexible enough to allow the Jubilee leaders concurrently to discharge their electoral mandate, a sovereign Kenya will have no other option save default. Kenyans already made their choice on March 4th. It’s now ICC’s turn to make its choice.”

Does it matter that we are signatories to the Rome statutes?

Being part of the Rome statutes stamps our belonging to the community of nations. This strengthens rather than undermines our sovereignty. Our withdrawal from the ICC may serve to isolate us more.
It is important that we become aware of a recent development in this field in the form of the UN’s “Responsibility to Protect” document. In December 2001, a UN Commission drafted a report titled ‘The Responsibility to Protect’ which developed “the idea that sovereign states have a responsibility to protect their own citizens from avoidable catastrophe – from mass murder and rape, from starvation – but that when they are unwilling or unable to do so, that responsibility must be borne by the broader community of states.”

The report therefore, promoted the notion of “sovereignty as responsibility” and invoked inter alia the principles of Just War Theory to buttress it.

I must hasten to add that the report itself does not have the status of law, nor does it recommend amending the UN Charter with a provision for humanitarian intervention.
Kiambaa Church
It is for this very reason that the events of 2007-8 brought international intervention to Kenya. This shielded us from further humanitarian catastrophe and worked to bring Justice to the victims of PEV. Globalisation and rising interdependence solidifies the need and legitimacy of an international rule of law, the enforcement of which must be multilateral and cooperative.

The Kenyan case should be seen as a form of international intervention on behalf of human rights through the ICC just like military interventions elsewhere. For a claim on sovereignty we need an equal measure o especially a commitment to upholding human rights.

The end of the Cold War inaugurated changes in the international system that was marked by an increased prevalence of humanitarian interventions in reordering of global governance. The NATO campaign in Kosovo in 1999 is often described as the paradigmatic example of these humanitarian interventions: it is revered as history’s first instance of a truly altruistic war.

Nevertheless, the rationale offered for the war making, and the means employed therein, have been subjected to a plethora of criticisms, which are at the forefront of recent debates on global governance.

James Rosenau, an American political scientist and international affairs scholar, defined global governance as “intentional activities designed to regularise the arrangement which sustains world affairs.” Egregious humanitarian abuses do not sustain world affairs and it is within this context that humanitarian interventions are perceived as a form of global governance because they attempt to rectify such aberrations in the international order.

These interventions, along with the recent focus on the Universal Declaration of Human Rights and the Genocide Convention, have prompted some legal scholars to argue that humanitarian interventions are so commonplace in world politics that they are in fact a type of customary international law.

The doctrine and practice of humanitarian intervention presents a seemingly insurmountable dilemma in global governance: this dilemma is characterized by the tension between the primacy of state sovereignty and the protection of fundamental human rights. Some have cited the illegality of humanitarian interventions according to international law. Many states have on several occasions applied the concept as a form of global governance by intervening in the affairs of other sovereign states.
Hon. William Ruto
Hon. Kindiki Kithure, the majority leader in the senate, during the motion to withdraw Kenya from the ICC tore into the court saying, “The ICC has been turned into a vehicle to pursue international politics in a very rudimentary and capricious manner.” He further said that the ICC has been undermined by “a rogue prosecutor who is not supervised by anyone and is accountable to no one”. He may be borrowing a leaf from reasons unfortunately advanced by countries who have refused to ratify the statutes.

The US refusal to officially ratify the ICC is a huge drawback to the international community’s war on human rights violation. The US seems to be in bed with Russia and China when it comes to international law: by joining them in not ratifying the treaty, it is telling the world that it shares the priorities of these governments.

The US has been vehement that their citizens will be tried under the US laws for any human right abuses. Although US ratification would do little to motivate Russia and China to make the same move, it would send a clear message to the world that the US is ready to accept accountability for its actions and separate its record of human rights from those of Russia and China. The move would further ostracise Russia and China, both of whom face intense criticism today for their reluctance to reprimand the Syrian government.

Kenya’s quitting the ICC would not dampen the spirit of international Community’s protection of human rights. The victims of injustice would continue to cry for elusive justice. We will certainly reap political pressure of isolation that can prove such a strong diplomatic tool: it is crucial to publicly and globally separate the nations that are committed to prosecuting crimes against humanity and those that are not.

What will be our justification for failure to accede to the only established system of international due process and to recognise the international rule of law?

Rev Canon Francis Omondi
Anglican Church of Kenya
All Saints Cathedral Diocese

A war we cannot afford to loose: tribalism in Kenya !

In his monumental work ‘The Prince’, Niccolò Machiavelli (the Italian renaissance political philosopher) offered wisdom that applies equally to modern-day Kenya: “And what physicians say about disease is applicable here: that at the beginning a disease is easy to cure but difficult to diagnose; but as time passes, not having been treated or recognized at the outset, it becomes easy to diagnose but difficult to cure. The same thing occurs in affairs of state; for by recognizing from afar the diseases that are spreading in the state (which is a gift given only to a prudent ruler), they can be cured quickly; but when they are not recognized and are left to grow to the extent that everyone recognizes them, there is no longer any cure.”

The malady of tribalism in this country needs to be dealt with seriously and fast. The undercurrent of tribal division in Kenya is gaining momentum fast. We seem to be on a slippery slope towards disintegration. It could be so serious the country we may not be ‘put together again’.

Our dilemma as a nation is plain; there are those who have made national unity their main focus and have made efforts to reach this goal, while others want this unity but are unwilling the embrace what is offered to them. They are so obtuse that the dream of ending tribalism will remain very distant.

We squandered the golden chance we had in 1964. Kenya could have strangled the Jin of negative tribalism. Then, like today, the post-independent Kenya was faced with the challenge of forging national unity and integrating all people of the country into one prosperous nation. Ominde,the chairman of the first educational commission in 1964, observed: “During the colonial era, there was no such thing as a nation”. There were in fact only several nations living side by side in the same territory. Education, like the society itself, was stratified along racial lines. There existed three separate systems divided by rigid boundaries.”

The dangers of moving the country forward along tribal lines was obvious to the founders of the nation. Session Paper No.10 (1964) brilliantly gave the country an ideological framework for solving the tribal problem. It drew from African traditions what was dubbed African socialism, with two essential bases: political democracy and mutual social responsibility.

Political democracy implied that each member of society is equal in his or her political rights. Within it no individual or group will be permitted to exert undue influence on the policies of the State. The State, therefore, could never become the tool of special interests, catering for the desires of a minority at the expense of the needs of the majority. The State was to represent all of the people and do so impartially and without prejudice.

The aim was to provide a genuine hedge against the exercise of disproportionate political power by economic power groups.

On the other front, mutual social responsibility was viewed as the extension of the African family spirit to the nation as a whole, with the hope that, ultimately, the same spirit could be extended to ever-larger areas. It implied a mutual responsibility by society and its members to do with very best for each other. It believed that if society prospered its members would share in that prosperity. It said that without the full co-operation of its members society cannot prosper.

The State had the obligation to ensure equal opportunities to all its citizens, elimination of exploitation and discrimination, and to provide needed social services such as education, medical care and social security. It was expected therefore that members of the State would contribute willingly and without stint, to the development of the nation.

If you have lived in kenya you do not need to be told that this had a still birth! You and I know pretty well that this never saw the light of day. These were good ideals on paper, but what followed gave birth of an elite that mocked the division during the colonial era.

Our division today is more complex and multiple in nature. The public is more aware of the consequences of policies that ignored the path away from tribal politics. Relative deprivation, how we compare with others around us, has made every community seek power. They were more sensitive to marginalization than they were at independence. The re-engineering taking place in our society is frightening. Protests are getting bolder and more widespread. Very few would have expected to see secondary schools challenging the state of affairs as we have seen in the play ‘Shackles of Doom’ by Butere Girls High School at the national school festivals.

A glimpse into the social media showing that there is unprecedented anger and great polarisation that should never spill into our streets. Failure to change this may slide us into a conflict worse than what we saw in 2007-8.

The circumstances leading to the dissolution of the Yugoslavian State during the early and mid 1990s may be at play in Kenya today. The failure of the Yugoslavian economy, the failure of the unified national government, and rising ethnic tensions, fueled the ethnic cleansing the civil war. If we do nothing it will bring down this country fast. We need to heed the warnings:

Humpty Dumpty sat on a wall,
Humpty Dumpty had a great fall.
All the king’s horses and all the king’s men
Couldn’t put Humpty together again.

Humpty Dumpty has become a highly popular nursery rhyme character. American actor George L. Fox (1825–77) helped to popularise the character in nineteenth-century stage pantomimes of music and rhyme. The character is also a common literary allusion, referring particularly to something that, once broken, is difficult to repair. This can be applied to our national unity.

Will H.E. Uhuru Kenyatta be able to put a country, so fragmented, together? To his credit, he has identified this as the major hurdle to our national prosperity. During his swearing in he, made it clear that, “Achieving peace and strengthening unity will be the goal of my Government…” And expressing the urgency of this task he said: “This work begins now. We welcome all Kenyans to hold us to account.”

He outlined how to build this unity thus: “Indeed, national unity will only be possible if we deal decisively with some of the issues that continue to hinder our progress. … It will be confirmed when the rights of all citizens are protected through legislation that upholds the spirit of our constitution. When women and young people are both seen and heard at the decision-making table, at national as well as devolved levels of government.”

One highly important area needing attention that is not being addressed is our education system. I am afraid that these lofty goals will be pipe dreams if we do not reset our education system. This was one of the greatest unifier of this country in the past. The Ominde Commission was formed to introduce changes that would reflect the nation’s sovereignty. The commission focused on identity and unity, which were critical issues at the time. The principle preoccupation of Ominde’s report was the introduction of an education system that promoted national unity and inculcated in the learners the desire to serve their nation.

We ditched this system. Its critics claimed it was a failure because: i) The policy made the focus too academic and therefore was not suitable for direct employment. Thus the education lacked orientation to employment.
ii) The policy encouraged elitist and individualistic attitudes among school leavers, something that was considered incompatible to the African socialist milieu.

The irony is that the gains made by the post independent education system in national integration was undermined in the shift to the new education system, the 8-4-4 in pursuit of illusive economic prosperity. The change of the school system Balkanised the country due to its rule of 85% intake of students from the local district. It became possible to enrol in local nursery, primary, secondary and universities…and may be to be employed locally. It meant that the previous free movement of people and sharing of resources was now going to be restricted. Areas with poorer infrastructure were going to feel the brunt of exclusion.

In my view this more than any other policy, has made this tribal conscience worse. Daniel Owira of the “Otonglo Time” narrative, at this year’s schools drama festivals, eloquently depicted it!

Even though it is the Presidents duty to set the tone of national unity, we ALL have a responsibility to be willing to be a nation and refuse to be divided along tribal lines. No amount of coercion or manipulation may unite us. We must walk towards persuasion that will build confidence among all communities in Kenya. Do we ourselves want a country where our citizenship matters more than our tribes? This hould transcend the ‘Nyayo era’ of manipulating tribal balancing policy.

Professor Miroslav Volf, speaking from the Bosnian experience, has said: “The other (those feeling left out) cannot be coerced or manipulated into an embrace (unity and acceptance of a people)” It’s clear that violence in enforcing unity is so much the opposite of embrace that it undoes the embrace.

If embrace takes place, it will always be because the other has desired the self just as the self has desired the other. This is what distinguishes embrace from grasping after the other or holding the other in one’s power, either financial or force. Waiting is a sign that, although embrace may have a one-sidedness in its origin (the self makes the initial movement toward the other like the president has now done), it can never reach its goal without reciprocity (the other makes a movement toward the self). Cohesion must be a mutual venture. As protagonists we must all desire to embrace one another. There is a temptation to walk the broad way of beating others into being like us. Again as Volf commented further: “But the other is often not the way I want her to be (say, she is aggressive or simply more gifted) and is pushing me to become the self that I do not want to be (suffering her incursions or my own inferiority). And yet I must integrate the other into my own will to be myself. Hence I slip into violence: instead of reconfiguring myself to make space for the other, I seek to reshape the other into who I want her to be in order that in relation to her I may be who I want to be. This underscores the place of dialogue to reach unity.”

The National Cohesion Commission, born out of the realisation that long-lasting peace, sustainable development and harmonious coexistence among Kenyans, requires deliberate normative, institutional and attitudinal processes of constructing nationhood, national cohesion and integration. But it has been to many Kenyans the ‘Hate-speech Commission’.

Agenda No. 4, under which the Commission was formed, recognized that long term issues with regard to poverty, inequitable distribution of resources, perceptions of historical injustices and exclusion of segments of the Kenyan society, were among the underlying causes of the prevailing social tensions, instability and the cycle of violence recurrent in electoral processes in Kenya.

It is not enough that the National Cohesion and Integration Act (2008) makes discrimination on the basis of ethnic or racial grounds a criminal offence. It ought not only bar comparison of persons of different ethnic groups and makes it illegal to harass another person based on his race or ethnicity, it should implement its very objectives and functions. Promotion of national unity must be taken seriously. The commission must urgently identify factors inhibiting national unity and advise the Legislature as well as the Executive on this.

We do well to heed the words of Mwalimu Julius K. Nyerere, whose success in uniting Tanzania remains second to none: “There must be equality because only on this basis will men work cooperatively. There must be freedom because every individual is not served by the society unless it is his. And there must be unity, because only when the society is united can its members live and work in peace, security and well-being. Society must have institutions which safeguard and promote both unity and freedom and it must be permeated by an attitude—a society ethic—which ensures that these institutions remain true to their purpose, and are adapted as need arises.”
Rev. Canon Francis Omondi
Anglican Church of Kenya
All Saints Cathedral Diocese

A war we cannot afford to loose: tribalism in Kenya !

In his monumental work ‘The Prince’, Niccolò Machiavelli (the Italian renaissance political philosopher) offered wisdom that applies equally to modern-day Kenya: “And what physicians say about disease is applicable here: that at the beginning a disease is easy to cure but difficult to diagnose; but as time passes, not having been treated or recognized at the outset, it becomes easy to diagnose but difficult to cure. The same thing occurs in affairs of state; for by recognizing from afar the diseases that are spreading in the state (which is a gift given only to a prudent ruler), they can be cured quickly; but when they are not recognized and are left to grow to the extent that everyone recognizes them, there is no longer any cure.”

The malady of tribalism in this country needs to be dealt with seriously and fast. The undercurrent of tribal division in Kenya is gaining momentum fast. We seem to be on a slippery slope towards disintegration. It could be so serious the country we may not be ‘put together again’.

Our dilemma as a nation is plain; there are those who have made national unity their main focus and have made efforts to reach this goal, while others want this unity but are unwilling the embrace what is offered to them. They are so obtuse that the dream of ending tribalism will remain very distant.

We squandered the golden chance we had in 1964. Kenya could have strangled the Jin of negative tribalism. Then, like today, the post-independent Kenya was faced with the challenge of forging national unity and integrating all people of the country into one prosperous nation. Ominde,the chairman of the first educational commission in 1964, observed: “During the colonial era, there was no such thing as a nation”. There were in fact only several nations living side by side in the same territory. Education, like the society itself, was stratified along racial lines. There existed three separate systems divided by rigid boundaries.”

The dangers of moving the country forward along tribal lines was obvious to the founders of the nation. Session Paper No.10 (1964) brilliantly gave the country an ideological framework for solving the tribal problem. It drew from African traditions what was dubbed African socialism, with two essential bases: political democracy and mutual social responsibility.

Political democracy implied that each member of society is equal in his or her political rights. Within it no individual or group will be permitted to exert undue influence on the policies of the State. The State, therefore, could never become the tool of special interests, catering for the desires of a minority at the expense of the needs of the majority. The State was to represent all of the people and do so impartially and without prejudice.

The aim was to provide a genuine hedge against the exercise of disproportionate political power by economic power groups.

On the other front, mutual social responsibility was viewed as the extension of the African family spirit to the nation as a whole, with the hope that, ultimately, the same spirit could be extended to ever-larger areas. It implied a mutual responsibility by society and its members to do with very best for each other. It believed that if society prospered its members would share in that prosperity. It said that without the full co-operation of its members society cannot prosper.

The State had the obligation to ensure equal opportunities to all its citizens, elimination of exploitation and discrimination, and to provide needed social services such as education, medical care and social security. It was expected therefore that members of the State would contribute willingly and without stint, to the development of the nation.

If you have lived in kenya you do not need to be told that this had a still birth! You and I know pretty well that this never saw the light of day. These were good ideals on paper, but what followed gave birth of an elite that mocked the division during the colonial era.

Our division today is more complex and multiple in nature. The public is more aware of the consequences of policies that ignored the path away from tribal politics. Relative deprivation, how we compare with others around us, has made every community seek power. They were more sensitive to marginalization than they were at independence. The re-engineering taking place in our society is frightening. Protests are getting bolder and more widespread. Very few would have expected to see secondary schools challenging the state of affairs as we have seen in the play ‘Shackles of Doom’ by Butere Girls High School at the national school festivals.

A glimpse into the social media showing that there is unprecedented anger and great polarisation that should never spill into our streets. Failure to change this may slide us into a conflict worse than what we saw in 2007-8.

The circumstances leading to the dissolution of the Yugoslavian State during the early and mid 1990s may be at play in Kenya today. The failure of the Yugoslavian economy, the failure of the unified national government, and rising ethnic tensions, fueled the ethnic cleansing the civil war. If we do nothing it will bring down this country fast. We need to heed the warnings:

Humpty Dumpty sat on a wall,
Humpty Dumpty had a great fall.
All the king’s horses and all the king’s men
Couldn’t put Humpty together again.

Humpty Dumpty has become a highly popular nursery rhyme character. American actor George L. Fox (1825–77) helped to popularise the character in nineteenth-century stage pantomimes of music and rhyme. The character is also a common literary allusion, referring particularly to something that, once broken, is difficult to repair. This can be applied to our national unity.

Will H.E. Uhuru Kenyatta be able to put a country, so fragmented, together? To his credit, he has identified this as the major hurdle to our national prosperity. During his swearing in he, made it clear that, “Achieving peace and strengthening unity will be the goal of my Government…” And expressing the urgency of this task he said: “This work begins now. We welcome all Kenyans to hold us to account.”

He outlined how to build this unity thus: “Indeed, national unity will only be possible if we deal decisively with some of the issues that continue to hinder our progress. … It will be confirmed when the rights of all citizens are protected through legislation that upholds the spirit of our constitution. When women and young people are both seen and heard at the decision-making table, at national as well as devolved levels of government.”

One highly important area needing attention that is not being addressed is our education system. I am afraid that these lofty goals will be pipe dreams if we do not reset our education system. This was one of the greatest unifier of this country in the past. The Ominde Commission was formed to introduce changes that would reflect the nation’s sovereignty. The commission focused on identity and unity, which were critical issues at the time. The principle preoccupation of Ominde’s report was the introduction of an education system that promoted national unity and inculcated in the learners the desire to serve their nation.

We ditched this system. Its critics claimed it was a failure because: i) The policy made the focus too academic and therefore was not suitable for direct employment. Thus the education lacked orientation to employment.
ii) The policy encouraged elitist and individualistic attitudes among school leavers, something that was considered incompatible to the African socialist milieu.

The irony is that the gains made by the post independent education system in national integration was undermined in the shift to the new education system, the 8-4-4 in pursuit of illusive economic prosperity. The change of the school system Balkanised the country due to its rule of 85% intake of students from the local district. It became possible to enrol in local nursery, primary, secondary and universities…and may be to be employed locally. It meant that the previous free movement of people and sharing of resources was now going to be restricted. Areas with poorer infrastructure were going to feel the brunt of exclusion.

In my view this more than any other policy, has made this tribal conscience worse. Daniel Owira of the “Otonglo Time” narrative, at this year’s schools drama festivals, eloquently depicted it!

Even though it is the Presidents duty to set the tone of national unity, we ALL have a responsibility to be willing to be a nation and refuse to be divided along tribal lines. No amount of coercion or manipulation may unite us. We must walk towards persuasion that will build confidence among all communities in Kenya. Do we ourselves want a country where our citizenship matters more than our tribes? This hould transcend the ‘Nyayo era’ of manipulating tribal balancing policy.

Professor Miroslav Volf, speaking from the Bosnian experience, has said: “The other (those feeling left out) cannot be coerced or manipulated into an embrace (unity and acceptance of a people)” It’s clear that violence in enforcing unity is so much the opposite of embrace that it undoes the embrace.

If embrace takes place, it will always be because the other has desired the self just as the self has desired the other. This is what distinguishes embrace from grasping after the other or holding the other in one’s power, either financial or force. Waiting is a sign that, although embrace may have a one-sidedness in its origin (the self makes the initial movement toward the other like the president has now done), it can never reach its goal without reciprocity (the other makes a movement toward the self). Cohesion must be a mutual venture. As protagonists we must all desire to embrace one another. There is a temptation to walk the broad way of beating others into being like us. Again as Volf commented further: “But the other is often not the way I want her to be (say, she is aggressive or simply more gifted) and is pushing me to become the self that I do not want to be (suffering her incursions or my own inferiority). And yet I must integrate the other into my own will to be myself. Hence I slip into violence: instead of reconfiguring myself to make space for the other, I seek to reshape the other into who I want her to be in order that in relation to her I may be who I want to be. This underscores the place of dialogue to reach unity.”

The National Cohesion Commission, born out of the realisation that long-lasting peace, sustainable development and harmonious coexistence among Kenyans, requires deliberate normative, institutional and attitudinal processes of constructing nationhood, national cohesion and integration. But it has been to many Kenyans the ‘Hate-speech Commission’.

Agenda No. 4, under which the Commission was formed, recognized that long term issues with regard to poverty, inequitable distribution of resources, perceptions of historical injustices and exclusion of segments of the Kenyan society, were among the underlying causes of the prevailing social tensions, instability and the cycle of violence recurrent in electoral processes in Kenya.

It is not enough that the National Cohesion and Integration Act (2008) makes discrimination on the basis of ethnic or racial grounds a criminal offence. It ought not only bar comparison of persons of different ethnic groups and makes it illegal to harass another person based on his race or ethnicity, it should implement its very objectives and functions. Promotion of national unity must be taken seriously. The commission must urgently identify factors inhibiting national unity and advise the Legislature as well as the Executive on this.

We do well to heed the words of Mwalimu Julius K. Nyerere, whose success in uniting Tanzania remains second to none: “There must be equality because only on this basis will men work cooperatively. There must be freedom because every individual is not served by the society unless it is his. And there must be unity, because only when the society is united can its members live and work in peace, security and well-being. Society must have institutions which safeguard and promote both unity and freedom and it must be permeated by an attitude—a society ethic—which ensures that these institutions remain true to their purpose, and are adapted as need arises.”
Rev. Canon Francis Omondi
Anglican Church of Kenya
All Saints Cathedral Diocese

Are they sick? Why do they behave strangely?

 On Tuesday April 2, 2013, panic mood engulfed a village in Migori County after a middle aged man committed suicide. It came after Prime Minister Raila Odinga confirmed that he lost the Supreme Court petition challenging the election of President Uhuru Kenyatta as the fourth President of Kenya. The man said he had no reason to live without seeing Hon. Raila Odinga as President. There has since been reported two more related suicides.
Judging from the fierce exchanges of comments I read from Facebook, there  is no doubt that the outcome of this year’s election has triggered irrational reaction from many of us. On one hand disgust and curses, on the other great jubilation, mockery and sneering. “Sweet is the defeat of your foe than the victory of your friend,” so goes the saying. Many of those rejoicing, did so, more because Raila was defeated than that Hon. Uhuru won. This scenario could easily  push us into the precipice of unending conflicts.
 
Why would someone die for political course? 
 
The grief of people that voted for CORD is best captured by the eccentric Miguna Miguna:”It’s not a feeling of entitlement and arrogance as most pedantic commentators have claimed;it’s a feeling of alienation, frustration,and powerlessness. It’s not a symptom of “the Luo Arrogance.In my view, it’s a cry for help. A cry for inclusion. A burning desire to belong. To be accepted as full citizens and be able to ascend to any leadership position without resistance and stumbling blocks.’
So those big men crying, like babies, are not angry.  They are frightened about tomorrow. A fear informed by their horrendous past. Vivid atrocities of yesteryears; the suppression and human right violations and the impunity of the country’s two longest regimes; poverty born of intentional skewed distribution of national resources,  in favour of regions in power. 
Could what professor  Miroslav Volf, a Croat, said about the trigger of the conflict in Yugoslavia pitching ethnic Serbs, Croats among other protagonists, shed some light for us? The explanation that reactions and expressions of pain today are built on past pain. He said :”As long as it is remembered, the past is not just the past; it remains an aspect of the present. A remembered wound is an experienced wound.” 
Deep wounds from the past can so much pain our present that, as Toni Morrison puts it in Beloved, “the future becomes“a matter of keeping the past at bay”. 
One would not rule out that the, so many stories, trajectories of scattered lives, of many Kenyans, chance coincidences punctuated with heartbreaking missed opportunities, tears and a kaleidoscope painful memories shared, stories that made people bitter. These were narratives the youth in this country and not only the Luos grew up with. 
They were partly responsible for the palpable rage one notices as they throw rocks and riot. This bitter past is shared in their leader’s plight. Whenever Odinga’s political ambitions are threatened or thwarted they are pained. For in him resides a charisma and a drive to change that past for the better. To such a charismatic leader they would give their all. Such leadership is characterised more by movement and revolution for it is a means of overturning traditions and laws in favour of an entirely new social and political order. Which is why the emotional bond with followers becomes  necessary –  a leadership that influences followers to commit to it is charismatic leadership and not buying them out with freebies. 
 
 Image
Is kenya’s democracy evolving ? 
 
 Our fragile democracy ought to have taken a different trajectory than this. We are deeply tribalised. Tribes with numbers and access to power and resources would always win. 
 
If we are to mature our democracy, we must heed the warning of Prof Alan Wolfe; the history of modern democracy is one of ever expanding inclusion, it’s about taking in…Rather than keeping out…He further observes; “Once upon a time, it is said, such societies were ruled by privileged elites. Governing circles were restricted to those of the correct gender, breeding, education, and social exclusiveness. All this changes as a result of those multiple forces usually identified by the term democracy. First the middle classes, then working men, then women, then racial minorities all won not only economic rights but political and social rights as well. (Wolfe 1992, 309) .
 
It becomes condescending and wrong to exclude anyone interested from playing a role. Until then, two weeks ago, I had only read it on internet the hostility with which Hon. Raila was viewed. I got stung when a friend told me to my face ;”…Raila can never be president of Kenya…You Luos should give us someone else.” Why not him ? Hon. Uhuru made it clear to the world  during the campaign period, that the choice of Kenyans leaders was a prerogative of Kenyans and the western world leaders should keep off.  
Professor Volf again is articulate when he observes that, “Symbolic exclusion is often a distortion of the other, not simply ignorance about the other; it is a wilful misconstruction, not mere failure of knowledge. We demonise and bestialise not because we do not know better, but because we refuse to know what is manifest and choose to know what serves our interests.” 
 
It was great and honourable for Hon. Raila to endorse and support President Kibaki’s candidacy in 2002. He was ‘Jamba’ for bringing  down the invincible Kanu’s hold on power. But he became evil in an attempt to be president himself. 
 Image
Leadership to inspire a united Kenya 
Miguna missed the point in deifying Raila’s in his supporters eyes. Nowadays, whenever they attend their deity Raila Odinga’s functions, the mob responds to each and every word he utters with “Yes, Baba”. In liberation politics, the emotional and psychological investment needed on the part of the followers is very high – it can last for a while but eventually must wear out. 
In a broadcast in 1936 Dietrich Bonhoeffer spoke on the young people’s view on the concept of leadership, he said: “Since the Great War (1914-1919), the youth of our nation has worked to establish an identity of their own different from the other generations…like in the concept of the leader…In any generation the people give the leader his authority over them. The leader often becomes the embodiment of their dreams, aspirations and ideals…In exchange the leader may expect unconditional obedience, such obedience may not be a bad thing as long as it serves a good cause….” 
It is irrefutable fact to both friends and foes  that, Hon. Raila exploited this  loyal support to the benefit of our nation’s political changes experienced recently. 
 
The new constitution promulgated in 2010 gave great hope that the country will move forward from her ghostly past of inequalities, occasioned by exclusion of other communities from the centre on issues of governance and resources allocation. It pointed to a liberated space of being a Kenyan. Knowing that some in this new government were opposed to it and the lukewarm approach towards its full implementation seen recently there is little hope that the constitution will deliver its promise! 
 
Having power now, your guess will be as good as mine on whether the ideals enshrined in the constitution will survive the  onslaught of the dominant ideas against the pressure of the underprivileged. The most seminal impact of envy consists …in transforming “the ideas of the dominant” into the “dominant ideas.” Once the link between the privileged position and certain values has been socially constructed, the disprivileged are prompted to seek redress for their humiliation through demanding such values for themselves-and thereby further enhancing those values’ seductive power.(Bauman 1993,216). 
Will our new government uphold the letter and the spirit of our constitution?
 
No healing is required as they are not sick. Volf  states that, “Psychological wounds caused by suffering can be healed only if a person passes through the narrow door of painful memories”. 
Yet baffling that one would die for this!
 
Rev. Canon Francis Omondi
Anglican Church of Kenya ,
All saints Cathedral diocese
5th April, 2013

Sowing the wind: God in the 2013 Kenyan elections!

We ought to be cautious not to mock God in the rush to attribute the election of the Jubilee Coalition to God. The Hon. Uhuru Kenyatta, president elect in his acceptance speech dedicated this victory to God.

President elect Hon Uhuru Kenyatta addressing supporters

President elect Hon Uhuru Kenyatta addressing supporters


There was jubilation in a service on Sunday where the Hon. William Ruto the deputy president elect said that God, in a special way, had given the Jubilee coalition victory in the March 4 General Election.

“The same God who gave us victory against all odds will do more exceedingly and abundantly for us. It will be more than the people of Kenya want. God is going to do great things for this country,” said Ruto. At one point, Ruto was given the microphone to address the congregation but he broke down and was unable to make any statement.

Was this God as he claimed?

I struggled when two of my friends George Ochieng Awuor and Capt. Samuel Gitari posted on Facebook, “The voice of the people is the voice of God!”, thus implying that in the declaration of Hon. Uhuru’s win, God had spoken and we must say Amen and move on!

Was this victory a miracle from God, so we should dedicate it to God? Was this God’s voice….? His own Voice?

Hon. Ruto wept as he addressed the congregation on the jubilee victory!

Hon. Ruto wept as he addressed the congregation on the jubilee victory!


I am unwilling to accept this notion without probing it, lest I find myself among those that mock God. St. Paul’s cautions: “Do not be deceived: God is not mocked, for whatever one sows, that will he also reap.”. (Galatians 6:7 ESV).

What are we to understand by mocking? The term to ‘mock’ in its scriptural sense, means to act hypocritically; to make false pretences or professions. So when we pretend to love and serve him when we do not, we mock God; when we act in a false manner, when we are insincere and hypocritical in our pronouncements, when we do not mean it. Anything that amounts to insincerity is mockery, anything that is only pretence, and does not represent the state of the heart. To mock in ordinary language means to dishonour. In this sense, it is that God is mocked by not being honoured. But the irony is that He is not dishonoured really, but only so far as man is concerned.

With that in mind, I question the notion: “Vox populi, vox dei” – the voice of the people is the voice of God”. This is an old Latin proverb. The whole concept of democracy is based on it. It has a lot of truth in it. There are numerous instances in history when people have brought down corrupt governments and monarchs once they have awakened. While this is so, there are also instances where the peoples’ voice was wrong.

In the 1932 German election, the Nazis got 37.4% of votes, becoming the largest party in the Reichstag (Parliament) by a wide margin. Here in fact Hitler came to power through peoples’ vote. Yet the agenda of his party was Crystal clear from the beginning. Should the mob’s voice also be called peoples’ voice? The mob is often wrong. What about the cases of lynching and destruction of public property? So here also the peoples’ voice is not right.

Like all proverbs “Vox populi, vox dei” also has an opposite proverb: ” Nec audiendi qui solent dicere, Vox populi, vox Dei, quum tumultuositas vulgi semper insaniae proxima sit.” It means, “those people should not be listened to who keep saying the voice of the people is the voice of God, since the riotousness of the crowd is always very close to madness.”

No one expressed this better or more eloquently than Alexander Hamilton, one of the founding fathers of USA who said: “The voice of the people has been said to be the voice of God; and, however generally this maxim has been quoted and believed, it is not true to fact. The people are turbulent and changing, they seldom judge or determine right.”

In the 2013 elections historical animosity, tribal consideration, aspiration embodied in particular candidates, special considerations and revenge were key determinants as to how people voted. So when we invoke God’s name on what we have done ourselves, when we follow our own whims and that are incongruent to His will, we will be adjudged to have mocked God. The people’s voice has the power to become God’s voice when they follow his principles.

There are several parallels for our context in this event in the life of ancient Israel, recorded in 1 Samuel 8. All the elders of Israel gathered together and came to Samuel the old prophet at Ramah, and said to him: “Now make us a king to judge us like all the nations.” (1 Samuel 8:5)

No one can blame the elders of Israel for rejecting Samuel’s sons as their leaders. They simply did not measure up. It was their reason for wanting a king that was suspect. In and of itself, the desire to have a king was not bad. God knew was this coming. Four hundred years before, God gave instructions to Israel about their future king (Deuteronomy 17:14-20).

But this drive to be “like all the nations” was a real let down. It implied their refusal to be under God’s direction. G. Campbell Morgan, commenting on Israel’s request observes: “This is the revelation of the supreme wrong. They had been chosen to be unlike the nations, a people directly governed by God.”

Even so, God may not impose his choice on us. God may give us what we want and then deal with us regarding the consequences, as he did with the Israelites. We get it wrong if we think the Lord’s granting the request will always be God’s approval. “Heed the voice of the people in all that they say to you; for they have not rejected you, but they have rejected Me…” the Lord tells Samuel (6-8).

God did not heed the voice of the people or grant their wish because their request was good or right, but because God was going to teach Israel through this. Sometimes, when we insist on wanting something bad, God will allow us to have it, and then we have to live with the consequences. Since Israel was demanding a king out of bad, carnal reasons, God will give them a bad, carnal king. Israel will get what they want, and will be hurt because of it.

God saw this and warned them: “Now therefore, heed their voice. However, you shall solemnly forewarn them, and show them the behavior of the king who will reign over them.” (9) The sense in this verse is that Israelites got their minds made up. Not even God would change this!

They will soon learn that information creates responsibility. In telling Israel this, Samuel was not only helping them to make an informed choice; he was increasing their accountability for making the right choice. They couldn’t say, “We didn’t know.”

God wanted Israel to know there would be problems connected with having a king. Even though In Israel’s view, they already had problems that would be solved by having a king. While those problems may have been solved, God wanted them to know a king would bring other problems. They should carefully weigh the benefits against the problems.

The LORD, through the prophet Samuel, is giving fair warning. He will take … He will take … he will take … He will take … he will take … He will take . . . And you will be his servants. And you will cry out in that day because of your king whom you have chosen: Why would Israel cry out? Because they wanted a king for unspiritual, ungodly reasons.

However, the people were in no mood to hear all this and they demanded a king despite God’s warning. They said, “No, but we will have a king over us, that we also may be like all the nations, and that our king may judge us and go out before us and fight our battles.” (19-22)

So the LORD said to Samuel a second time, “Heed their voice, and make them a king.” In a sense, this almost funny. They are rejecting the rule of God, yet they cannot escape it, because God will appoint their king. God will never step off His throne, even if man asks Him to.

There is a sense in which one can never be a leader without God sanctioning it. However, God lets us to freely choose the way we go; our own way or his way. Every one of the presidential candidates presented us with baggage that we would have to shoulder had they ascended to power. Now, if the challenge against Hon Uhuru Kenyatta collapses, Hon Uhuru and Hon. Ruto will be our God-given leaders of our choice. We will have to live with the consequences of choosing them to be our leaders. As my friend Njonjo Mue quipped, “Assuming they won, we as a nation have all volunteered to become their human shield against justice!”

I doubt we were voting God’s rule in 2013 elections. All indications are that we were both vile and benign. Yet, if we voted to resist the rule of God, we will soon discover that we do not benefit from our choice, in the way that we might have expected. When we resist God, we only hurt ourselves!

As we celebrate or lament the election, let’s remember that, as a former British Prime Minister, Stanley Baldwin once said. “There is no compulsion to accept the rule of God, yet ultimately there is no escaping it, for he appoints the king.”

Rev. Canon francis Omondi
Is an Anglican priest of
ACK All Saints cathedral diocese

Sowing the wind: God in the 2013 Kenyan elections!

We ought to be cautious not to mock God in the rush to attribute the election of the Jubilee Coalition to God. The Hon. Uhuru Kenyatta, president elect in his acceptance speech dedicated this victory to God.

President elect Hon Uhuru Kenyatta addressing supporters

President elect Hon Uhuru Kenyatta addressing supporters


There was jubilation in a service on Sunday where the Hon. William Ruto the deputy president elect said that God, in a special way, had given the Jubilee coalition victory in the March 4 General Election.

“The same God who gave us victory against all odds will do more exceedingly and abundantly for us. It will be more than the people of Kenya want. God is going to do great things for this country,” said Ruto. At one point, Ruto was given the microphone to address the congregation but he broke down and was unable to make any statement.

Was this God as he claimed?

I struggled when two of my friends George Ochieng Awuor and Capt. Samuel Gitari posted on Facebook, “The voice of the people is the voice of God!”, thus implying that in the declaration of Hon. Uhuru’s win, God had spoken and we must say Amen and move on!

Was this victory a miracle from God, so we should dedicate it to God? Was this God’s voice….? His own Voice?

Hon. Ruto wept as he addressed the congregation on the jubilee victory!

Hon. Ruto wept as he addressed the congregation on the jubilee victory!


I am unwilling to accept this notion without probing it, lest I find myself among those that mock God. St. Paul’s cautions: “Do not be deceived: God is not mocked, for whatever one sows, that will he also reap.”. (Galatians 6:7 ESV).

What are we to understand by mocking? The term to ‘mock’ in its scriptural sense, means to act hypocritically; to make false pretences or professions. So when we pretend to love and serve him when we do not, we mock God; when we act in a false manner, when we are insincere and hypocritical in our pronouncements, when we do not mean it. Anything that amounts to insincerity is mockery, anything that is only pretence, and does not represent the state of the heart. To mock in ordinary language means to dishonour. In this sense, it is that God is mocked by not being honoured. But the irony is that He is not dishonoured really, but only so far as man is concerned.

With that in mind, I question the notion: “Vox populi, vox dei” – the voice of the people is the voice of God”. This is an old Latin proverb. The whole concept of democracy is based on it. It has a lot of truth in it. There are numerous instances in history when people have brought down corrupt governments and monarchs once they have awakened. While this is so, there are also instances where the peoples’ voice was wrong.

In the 1932 German election, the Nazis got 37.4% of votes, becoming the largest party in the Reichstag (Parliament) by a wide margin. Here in fact Hitler came to power through peoples’ vote. Yet the agenda of his party was Crystal clear from the beginning. Should the mob’s voice also be called peoples’ voice? The mob is often wrong. What about the cases of lynching and destruction of public property? So here also the peoples’ voice is not right.

Like all proverbs “Vox populi, vox dei” also has an opposite proverb: ” Nec audiendi qui solent dicere, Vox populi, vox Dei, quum tumultuositas vulgi semper insaniae proxima sit.” It means, “those people should not be listened to who keep saying the voice of the people is the voice of God, since the riotousness of the crowd is always very close to madness.”

No one expressed this better or more eloquently than Alexander Hamilton, one of the founding fathers of USA who said: “The voice of the people has been said to be the voice of God; and, however generally this maxim has been quoted and believed, it is not true to fact. The people are turbulent and changing, they seldom judge or determine right.”

In the 2013 elections historical animosity, tribal consideration, aspiration embodied in particular candidates, special considerations and revenge were key determinants as to how people voted. So when we invoke God’s name on what we have done ourselves, when we follow our own whims and that are incongruent to His will, we will be adjudged to have mocked God. The people’s voice has the power to become God’s voice when they follow his principles.

There are several parallels for our context in this event in the life of ancient Israel, recorded in 1 Samuel 8. All the elders of Israel gathered together and came to Samuel the old prophet at Ramah, and said to him: “Now make us a king to judge us like all the nations.” (1 Samuel 8:5)

No one can blame the elders of Israel for rejecting Samuel’s sons as their leaders. They simply did not measure up. It was their reason for wanting a king that was suspect. In and of itself, the desire to have a king was not bad. God knew was this coming. Four hundred years before, God gave instructions to Israel about their future king (Deuteronomy 17:14-20).

But this drive to be “like all the nations” was a real let down. It implied their refusal to be under God’s direction. G. Campbell Morgan, commenting on Israel’s request observes: “This is the revelation of the supreme wrong. They had been chosen to be unlike the nations, a people directly governed by God.”

Even so, God may not impose his choice on us. God may give us what we want and then deal with us regarding the consequences, as he did with the Israelites. We get it wrong if we think the Lord’s granting the request will always be God’s approval. “Heed the voice of the people in all that they say to you; for they have not rejected you, but they have rejected Me…” the Lord tells Samuel (6-8).

God did not heed the voice of the people or grant their wish because their request was good or right, but because God was going to teach Israel through this. Sometimes, when we insist on wanting something bad, God will allow us to have it, and then we have to live with the consequences. Since Israel was demanding a king out of bad, carnal reasons, God will give them a bad, carnal king. Israel will get what they want, and will be hurt because of it.

God saw this and warned them: “Now therefore, heed their voice. However, you shall solemnly forewarn them, and show them the behavior of the king who will reign over them.” (9) The sense in this verse is that Israelites got their minds made up. Not even God would change this!

They will soon learn that information creates responsibility. In telling Israel this, Samuel was not only helping them to make an informed choice; he was increasing their accountability for making the right choice. They couldn’t say, “We didn’t know.”

God wanted Israel to know there would be problems connected with having a king. Even though In Israel’s view, they already had problems that would be solved by having a king. While those problems may have been solved, God wanted them to know a king would bring other problems. They should carefully weigh the benefits against the problems.

The LORD, through the prophet Samuel, is giving fair warning. He will take … He will take … he will take … He will take … he will take … He will take . . . And you will be his servants. And you will cry out in that day because of your king whom you have chosen: Why would Israel cry out? Because they wanted a king for unspiritual, ungodly reasons.

However, the people were in no mood to hear all this and they demanded a king despite God’s warning. They said, “No, but we will have a king over us, that we also may be like all the nations, and that our king may judge us and go out before us and fight our battles.” (19-22)

So the LORD said to Samuel a second time, “Heed their voice, and make them a king.” In a sense, this almost funny. They are rejecting the rule of God, yet they cannot escape it, because God will appoint their king. God will never step off His throne, even if man asks Him to.

There is a sense in which one can never be a leader without God sanctioning it. However, God lets us to freely choose the way we go; our own way or his way. Every one of the presidential candidates presented us with baggage that we would have to shoulder had they ascended to power. Now, if the challenge against Hon Uhuru Kenyatta collapses, Hon Uhuru and Hon. Ruto will be our God-given leaders of our choice. We will have to live with the consequences of choosing them to be our leaders. As my friend Njonjo Mue quipped, “Assuming they won, we as a nation have all volunteered to become their human shield against justice!”

I doubt we were voting God’s rule in 2013 elections. All indications are that we were both vile and benign. Yet, if we voted to resist the rule of God, we will soon discover that we do not benefit from our choice, in the way that we might have expected. When we resist God, we only hurt ourselves!

As we celebrate or lament the election, let’s remember that, as a former British Prime Minister, Stanley Baldwin once said. “There is no compulsion to accept the rule of God, yet ultimately there is no escaping it, for he appoints the king.”

Rev. Canon francis Omondi
Is an Anglican priest of
ACK All Saints cathedral diocese

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