THE KIBAKI ERROR
Whereas some Kenyans would like to
paint Kibaki as the best President Kenya has had so far, this couldn’t be
further from the truth.
In fact, in the eyes of some of us, he
is the worst man to have ever ruled Kenya, his Presidency was thus a huge
error. Some of us experienced first-hand
his misrule and thus we can’t be hoodwinked into blindly singing his praises.
I will personally remember him for the
following :-
He institutionalized & officialized
tribalism, his rule was essentially a Mt Kenya Mafia lordship over the other
ethnic communities. Whereas he was
popularly elected by all tribes even without campaigning, as he came back on a
wheel chair just to take power, he betrayed us immediately he took his oath of office. Cracks began in the NARC coalition hardly two
months after taking office when the Kikuyu elite backed Paul Muite for the
position of Chairman, Parliamentary Select Committee on Constitutional Reforms
in March 2003, as opposed to Raila Odinga who had sought to retain position.
This was flabbergasting as Hon Paul
Muite was a member of the opposition, infact he had led campaigns against NARC
& against Mwai Kibaki’s election. Since
“blood is thicker than water” he was preferred over Hon Raila Odinga who was in
essence the government candidate (who had spear headed the entire NARC
campaigns & Mwai Kibaki’s election).
Even though Kenyans overwhelmingly voted
NARC to slaughter tribalism, they were rudely surprised when their leaders’ opinions were derogatorily
dismissed, I remember Raila Odinga’s concerns on the capital market being
dismissed by Amos Kimunya, who derogatively told him that the Nairobi Securities
Exchange market is not a fish market, the late Michuki on his part dismissed
fellow cabinet minister Mama Charity Ngilu’s concerns on how the country was
being run by telling her that politics is not a Kamba dance.
The preferential treatment persisted
when there was no retirement from public office for his Kibaki’s from Mt Kenya. Mr. Joseph Kinyua for example stayed in
office way past age 58, yet Kenyans from all the other communities would retire
immediately upon clocking 55. When
pressure mounted to have Mr Joseph Kinyua retire, Kibaki opted to change the
law & pushed retirement age to 60 !
It remains so to-date
Even then, Joseph Kinyua still stayed
in office even after clocking 61. This was a privilege that was never enjoyed
by Kisiis, Luos or Luhyas ageing public servants (it was however enjoyed by
others from Mt Kenya such as Muthaura)
Several new districts bearing tribal names were created
during his tenure, thus excluding non-locals who reside there. Examples include
Imenti, Igembe Bunyala, Tigania, Samia, Mbeere districts amongst others.
When NARC took power, Kenyans were so optimistic that they used to arrest
corrupt police officers & frog-march them to the nearest police station. Only
for tribalized & localized corruption to become the order of the day. Mega
scandals were then ushered in, we had the Anglo Leasing scandal, the Grand
Regency scandal, the Free Primary Education funds scandal amongst others. The
saying then was that it is “OUR TIME TO EAT”.
The
anti-corruption czar who had been plucked from Transparency International, Mr.
John Githongo was frustrated & eventually he had to flee the country for
his safety. The mafias in government threatened his life repeatedly
The power hungry Kibaki in 2005 tried
to create an imperial presidency via the Wako draft, Kenyans from 7 Provinces rejected the draft
constitution at the referendum. Apparently, only Central Province (Mt Kenya)
saw the goodness in the draft & voted for it overwhelmingly.
Kibaki
being the schemer that he is, launched what he called a radical surgery in the
judiciary in 2003, that saw the removal from office of almost 100 judges. All this was aimed at getting revenge
against Moi era judges who had “mistreated” him in the past. He then proceeded
to plant his loyalists in the courts so that by 2007 the courts couldn’t be
trusted. The opposition thus opted to take their grievances to the streets
instead of the courts, that is how Kenya got itself in the 2007/2008 violence.
In 2002 December we proudly sang “Yote
yawezekana bila Moi” as we said goodbye to KANU. Only for Moi to be quickly
embraced & even appointed to as our representative in the Sudan peace
process ! Immediately thereafter KANU members
joined the cabinet ! Moi was also rewarded with a government
house, which his family retains to-date !
Whereas we had anticipated that Moi would hand over the official Vice
Presidents house which he moved into as Vice President in 1967 & retained
when he became President. We were flabbergasted when Kibaki opted to gift the
house to Moi who being a billionaire could easily afford a house. Kibaki
instead started building a new residence for Kenya’s Vice President (now Deputy
President). He should have just repossessed the house, the same way he repossessed the KICC building
which the KANU party had allocated to itself.
Then came the Armenian mercenaries with
the names Artur Margaryan & Artur Sargarsyan. Kenyans were terrorized in
their own county by these rogue foreigners who were flashing Assistant Commissioner
of police badges & certificates !
One of them was alleged to have been romantically involved with a
certain special daughter of Othaya, they were even spotted several times
hobnobbing in public.
Whereas polygamy is culturally accepted
& widely practiced in Kenya, matters wife or wives was a hot potato for
Kibaki. There is a day his official wife. First Lady Lucy Kibaki called for a
press conference where the President was forced to declare that Lucy was his
only wife.
The same Lucy slapped a senior
government official when he mistakenly made reference to there being another
wife. Her occupation with slapping government officials continued as she even
proceeded to slap an MP from the Meru region.
Meanwhile taxpayer funds were used to
offer elite GSU protection to the supposed second wife. She had GSU bodyguards
escorting her & others guarding her residence, yet she was just an “Othaya political activist’.
It
thus came as no surprise when after serving as Othaya MP for 39yrs, he handed
over the parliamentary seat to the very woman he had denied being linked to.
That an African leader would not be man
enough to publicly embrace his own second or even third wife is very telling of
his character.
The official wife, Mama Lucy was ever a
loose cannon. Instances abound when she
physically attached journalists & slapped them for publishing things she didn’t like. In other instances,
she had then Nairobi Police boss Kingori Mwangi escort her to raiding media
houses and attacking staff !
Raids on media houses were normalized
during the Kibaki regime, the Standard Group was attacked numerous times &
its newspapers burnt to stop their distribution. Their broadcast equipment was also
vandalized. The ban on live broadcasting that has been
emulated by successive regimes
was actually invented by him when a total media blackout was enforced in 2007.
During the Kibaki reign of terror, political
assassinations of opposition politicians, human rights activists, vocal Muslim
clerics as well as pro-democracy scholars was commonplace. Notable amongst them was the assassination
of the then Embakasi MP, Hon Mugabe Were (whose widow & mourners were
teargassed by GSU officers while
grieving in their own home), Prof Othiambo Mbai who led the devolution committee
at the Constitutional Review team, Ainamoi MP Hon David Kimutai Too, Activists Oscar
Kingara & John Oulu, Sheikh Aboud Rogo amongst others.
People disappearing without a trace, never to be seen again became
the norm to the point that the United Nations Prof Philip Alston had to visit Kenya
to investigate cases of enforced disappearances & extra judicial killings.
The
ease with which Uganda “grabbed” Kenya’s territory in the name of Migingo island
confirm widespread speculation that the island was actually “gifted” to Uganda as
a reward for their help in quelling the 2007 post-election violence. Kibaki remained unbothered that Kenyans were
being evicted & harassed by Ugandan forces in their own homes.
Under Kibaki’s rule cases of Kenyan citizens being handed over to foreign
governments to be tortured were common, several Kenyans languished in Ugandan
& Ethiopian jails having been “grabbed” off Nairobi streets. Their crime being having been vocal &
critical against human rights abuses in the region. Political refugees & asylum seekers from
Somalia & Ethiopia were also returned to their countries so as to be
tortured by the very governments they were fleeing.
Kibaki was the king of using foul & uncouth language daily in
public, chants of mavi ya kuku, pumbavu etc were commonplace in his address to
wananchi.
Blood being thicker than water Kibaki covertly
backed Uhuru in 2013 while fooling the Mulembe nation that he was with Musalia.
Today we have 47 counties instead of 14
regions thanks to him, his 2005 loss in the Banana vs Orange contest & the
2007 election which he stole had left him only with Central province as his
sphere of influence, thus he had to do away with the 8 provinces (7 which were
against him). He chose to dilute it with 47 counties. This gave him perceived
support from 10 counties instead of one province.
He consistently ignored court orders & directives. His blatant
disregard of court orders haunts us todate as successive governments have
emulated him. His appointments of County Commissioners were declared to be
illegal plus several other appointments.
He oversaw the East Africa Community
parliament nominations fiasco that turned Kenya into a laughing stock in the region, the matter embarrassed Kenya as
it had to be resolved by East African Community court. Kibaki had nominated
only his cronies to EALA, this was successfully challenged by the opposition in
the East African court. The entire
Kenyan team of 9 was thus kicked out of EALA, this paved way for other
political players to be involved in drafting a new inclusive list.
It is on record that Uhuru Kenyatta
served for 9yrs 5months (March 2013–Aug2022) & not 10yrs. This is because
Kibaki shopped around for excuses so as to extend his time in office 2002 –
2013. He served for more than 10 years.
Kibaki was the king of doublespeak, his
word meant absolutely nothing. False promises & commitments were his
mantra. It is said that he had schemed to shortchange his runningmate Wamalwa Kijana by offering
Raila the Vice Presidency, it is Raila who turned down the offer. The
MOU he signed with Raila was thrown out immediately he took oath of office. He
broke his promise of endorsing to Kalonzo. He also ignored the all-inclusive Moi
era Inter-Parties Parliamentary Group (IPPG) consultations mechanism in
selecting electoral commissioners (he benefited from the IPPG in 1997 when his
party DP got to choose a representative to the ECK).
In 2012 President Kibaki awarded his two children,
Judy and Jimi with national honors for their exemplary service to the Kenyan
people !
Judy Kibaki got
the CBS while her brother Jimi Kibaki got feted with the EBS award.
Kibaki was very
consistent and predictable, not to be left out of the national awards list were
his village mates & friends from Othaya. Such as Peter Kanyago who got an
EBS award to add to the MBS which he earlier received.
In the same year,
the then Othaya CDF chairman Karanja Mwangi got the OGW award, while Gichuki
Mugambi the then Othaya Development Association chair was awarded the MBS, Othaya tea farmer, Naftali Wachira alias
Wamahuro on his part got the Head of State Commendation award (HSC).
During his reign,
his daughter Judy Kibaki served in multiple state agencies such as the Brand
Kenya board, the Export Promotion Council board as well as the Street Families
Rehabilitation Trust Fund.
In 2005 the Kibaki administration chose
to sell off our wild animals from the Maasai mara ! 135
wild animals were sold to Thailand for Ksh 80M.
The deal was sealed despite protests
from local and international animal conservation groups opposed to the sale.
President Kibaki and Thai Prime
Minister Thaskin Shinawatra oversaw the deal signing which included some
animals on the endangered species list.
The animals included topi, elands, waterbucks, impalas, gazelles,
wildebeests, dik dik, zebras, giraffes, warthogs, hyenas, cheetahs, leopards, lions,
buffalos, hippos, kudus, white & black rhinos and gerenuks.
At the end of his tenure, there was an elaborate
looting of public coffers disguised as issuing of retirement gifts by various state corporations &
agencies. He was gifted a tractor, four fish ponds, dairy cattle, a petrol
station, carvings from Kisii university, the NYS sank boreholes for him on his
land, the judiciary gave him designer golf sticks, he collected televisions
from the Ministry of Communication, he even got high-tech massage chairs etc
the gift list was endless. It is worth stating that these gifts ran into
millions of shillings, considering fish ponds were essentially land gifts,
the petrol station too.
His retirement package included 25 fuel guzzlers ! plus a
hefty lumpsum pension running into tens of millions. He got a new palatial
retirement home built by taxpayers at a cost of Ksh 400M. The citizens however
resisted attempts to build a bronze statue for him plus a 700m office block for
his personal use while in retirement. His monthly pension earnings were kingly
& extravagant.
It is a fact that the 2010 constitution
was written so as to protect Kenyans from a monster such as Kibaki, it was
largely written with him in mind.
Our constitution today explicitly
declares that a Presidential candidate who wins must be sworn in during
daytime, it clearly spells out the time, between 10am & 2pm. So that one
doesn’t steal elections ever again & gets sworn in at night.
The constitution also demands that the
Presidential swearing in occasion must be conducted in public venue, so that
one doesn’t try a Kibaki where he gets sworn-in inside his residence under
military guard with the gate locked.
The current constitution even allows
adequate time for anybody with an objection to file a case at the Supreme Court
before the President elect is sworn in (to avoid a hurried swearing in if the
election is disputed).
Most importantly, our current
constitution provides for the vetting of all CS, PS & ambassadorial
appointees. So that if parliament fails to approve them there would be no
cabinet.
This was a lesson learnt in 2007 after
Kibaki stole the elections, he hurriedly roped in third-place Kalonzo of
ODM-Kenya & the Ford People
party and even then he was still a minority in parliament. ODM’s Marende thus easily became the speaker
despite the PNU, ODM-Kenya & Ford People alliance.
While the rest of us were on the
streets crying & fighting for electoral justice, Kibaki called us idlers
& proceeded to unveil his cabinet so that he could get to work ! (The current vetting requirement bocks such a
possibility in future).
Today’s constitution thus protects
Kenyans from an election thief who would use guns to silence dissent while shamelessly proceeding to form
government.
Today’s
constitution also caters for the registering of political agreements at the
Registrar of Political parties, this current reality is traceable in Kibaki’s
thrashing of the NAK – Rainbow MOU that had designated Raila as the NARC government
Prime Minister, it had to take bloodshed 5 years later for Raila to be named
Prime Minister. This registering of MOUs thus protects politicians from
political conmanship.
Even the clause in our current constitution limiting cabinet
secretaries to 22 can be traced to Kibaki’s 2008 cabinet of 91 (40 Ministers
& 51 Assistant Ministers).
Likewise, timeliness had to be
introduced in the constitution thanks to his ignoring to take action that
didn’t favour him. Kibaki would pretend to be a man of few words while ignoring
court rulings, directives & advisories. He would always argue that he
hadn’t refused to comply, that he was only taking his time (his time would then
be forever). A future President with Kibaki’s antics can’t succeed as there are
now time-lines in various instances e.g. after parliament basses a bill, the President
must assent to bill within 14 days, failure to which it automatically becomes
law without any further refence to him.
The President also must nominate his deputy within 14 days if the office
of Deputy President falls vacant. Very
strict timelines had to be put in law.
There exists very little difference
between the colonial administration & the Kibaki administration, colonialists
brutalized our fore fathers while claiming to civilize them. Fair enough they
brought us electricity, built the railway, built schools, hospitals &
essentially introduced us to “modernity”.
In 2007 tyrant Kibaki literally
colonized us and subjected us to rule of the gun. He was a minority leader who
stayed in office only because he held
the guns & the bullets. In parliament he had 43MPs against 102
ODM/NARC MPs, countrywide he had a handful councilors, all the major cities had ODM mayors attributed
its having majority councilors countrywide, his was a brutal minority rule that mirrored
the British colonial rule.
The Kibaki regime on its part bribed
Kenyans with Thika road superhighway.
The existing Thika road was expanded & modernized for easy access to
his Othaya village & to his other farmlands. Indeed, the highway greatly
opened up the Mt Kenya region to Nairobi.
In all honesty, Kibaki was a
calculating dictator pretending to be a quiet man of few words, while in
essence he was reigning terror while ignoring & dismissing the citizens’ misery
& anguish. He was only a blessing to his tribesmen in Nyeri, Muranga,
Kirinyaga, Kiambu, Embu & Meru Counties.
We Kenyans are no doubt a resilient lot,
for WE SURVIVED KIBAKI, a tyrant who successfully masqueraded as a
democrat.
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