Sham ICC prosecutions may lead to a bigger problem

As the ICC prosecutor continues his investigations into the Kenyan Genocide, he should be aware that he has the power to plunge Kenya back into violence or end impunity. Only a true quest for justice guided by at most good faith will help put a dent on impunity and avert violence.

In the past few weeks, politicians have embarked on taking Kenyans as human shields to frustrate their impending prosecution. Individuals that have a hint that ICC may be coming after them have started to rope in their ethnic kin setting a stage for the next big explosion. In Rift Valley, politicians are making an argument that the Kalenjin politicians were only minor players in the planning of the violence and heaping the blame on ODM leader Raila Odinga (and his Luo ethnic group).

To vindicate himself, Raila Odinga has totally removed himself from the violence and delinked it from the elections leaving the Kalenjin leaders holding the can. He has presented the Luo tribe as victims of carefully planned ethnic cleansing carried out by Kenyan and Ugandan security officers. He has blamed the same forces for the sacking and burning of Kisumu. Raila claims that he called for mass action and not mass killings.

In Central Province, Kikuyu leaders are talking about attempts to victimize the Kikuyu tribe for its role in self defense. They have accused the UN and ICC of demonizing the Kikuyu tribe resulting into double victimization.

In the media, facts on the violence are being altered and public opinion is consciously being reshaped. The effect on this effort is very clear in Ocampo’s pre-trial presentation at the ICC. Ocampo ignored very crucial facts in the case in what looks like an attempt to shelter President Kibaki and Prime Minister Odinga from any prosecution. Through out the investigations, Ocampo has regarded the President and the PM as his partners and not suspects when it is clear that the two politicians were the reason we had bloodshed in Kenya.

Ocampo should withdraw the cases if his plan is for a semblance of justice. He will only be handing a keg of gunpowder to the masters of impunity and asking them to blow Kenya into smithereens.

Why William Ruto and Raila Odinga are scared

Finaly the truth is catching up with William Ruto, Raila Odinga and company. The Human Rights Watch has accused the groups saying, "We have evidence that ODM politicians and local leaders actively fomented some post-election violence."

The above sentiments were echoed by US special envoy to Kenya Jendayi Frazer who said that the violence she saw during a visit earlier this month to Kenya's western region, where the fighting has pitted Kalenjin people against Kikuyu, "was clear ethnic cleansing."

"The aim originally was not to kill, it was to cleanse, it was to push them out of the region," she said. "It is clear ethnic cleansing in the Rift Valley," she said.

While campaigning in Eldoret, Raila Odinga -nicknamed Arap Mibei by the Kalenjins- was quoted saying, "Hatutaki madoadoa" (we don't want spots). Madoadoa is a derogatory term used in Rift Valley to describe members of the Kikuyu and Kisii who own land in the Rift Valley.This term was repeated over and over in the Rift Valley as ODM campaigned to create a solid Kalenjin voting block.

At 1:38 Raila Odinga says Hatutaki Madoadoa

Raila Odinga never expected to spark a genocide from his campaign based on tribal hate. To him this was to be ethnic gerrymandering to force the Madoadoa out hence denying Mwai Kibaki the 25% vote as required in Kenya's election laws. Interestingly, William Ruto and other Kalenjin supremacists were also banking on Raila's campaign strategy to cleanse the Rift Valley of members of other ethnic communities.

You can see -in this video- why Raila Odinga was shaken as he tried to disassociate himself from the killings in Rift Valley.

The Tribal Math in Kenyan politics is yet to get a substitute. In this video clip (shot in 2002), Raila explained to Kenyans in Texas how he had masterminded the ethnic politics that were paying out. He repeated the same sentiments in Kisii as reported by the Standard.

"Given that Moi had chosen a Kikuyu (Uhuru) as his successor, the only option was to give him a Kikuyu competitor. I’m happy the game plan worked," Raila said.

The tribal math as described above by Raila is what was served to Kenyans for 5 years after Raila and Kibaki fell apart over Premiership promised to Raila Odinga. Raila Odinga and Dick Morris crafted a strategy to pit the rest of Kenya against the Kikuyus. Raila Odinga and his supporters blamed all ills in Kenya on the Kikuyu community. Raila even accused the Kikuyu community of economic apartheid.

Even after practicing ethnic politics, Raila Odinga has the audacity to quote Dr. Martin Luther King in this video.

Creating tribal rifts and exploiting those rifts to brew violence have been strategies Raila Odinga has used to stay relevant in politics. In 2001, former president Daniel Arap Moi and Raila Odinga -who was serving as Minister for Energy and the Kanu Secretary General- played polpulist politics in Kibera that resulted in violence. They asked residents not to pay rent. As a result, dozens of people were killed and others displaced. This was a plot to change the voting demographics in Kibera by pitting minority Nubian landlords in the slums against the majority Luo tenants. Luo rioters also targeted tenants from other communities.

Some tenants in told the Nation,

Ms Mutiso added: "Moi ametuuza. Kwa nini alianzisha moto halafu anatoroka?
(Moi has sold us. Why did he light the fire and then leave us?)"

Ms Shumi Ismael, aged 23, who has two children. broke down as she accused Mr Raila Odinga, the National Development Party leader, of fuelling the violence.

"I now have nowhere to go, while politicians who incited their tribesmen not to pay rent sleep comfortably with their wives and children," she said.
Here are pictures by the Nation.

In what has become typical of Raila Odinga, he came out and blamed some unnamed Members of Parliament of causing chaos in Kibera.

"Some MPs are out to create animosity among Kibera residents. They have no business in Lang'ata," he said.

Somebody has to bring this maddness to an end. Raila Odinga and others should be told that they cannot order the slaughter of innocent citizens and use their suffering to negotiate for power. "Impunity cannot be allowed to stand."

Impunity cannot be allowed to stand

My greatest fear is that the people involved in the mass murder that Kenya has witnessed will go scot-free. It has happened in the past and it is bound to happen again. To this day, not a single person has been held accountable for the 1992 and 1997 ethnic cleansing. Yes we have had commissions of inquiry where victims –that were lucky to be alive- named the criminals.

Raila Odinga inspecting a guard of honor mounted by a militia in Nakuru. Is this militia responsible for the murders in Rift Valley?
(Photo by the Daily Nation, Kenya)

What is shocking is that those who masterminded the ethnic cleansing have morphed into what we now call ‘eminent leaders’. What has not changed is their lust for blood. The same ‘eminent leaders’ are back to what they know best; remove the madoadoa (spots; a term that is widely used in RV to identify people who bought land in the region). They have succeeded to do so. Today, over 300,000 Kenyans no longer occupy their houses. Their farms in Rift Valley are now littered with corpses. We have conveniently justified this as ‘post-election violence’. We have justified these atrocities as a ‘valid’ way of protesting the election outcome!

Human Rights Watch recently released a statement saying that the opposition planned the ethnic cleansing. Koffi Annan has called this ethnic cleansing a "gross and systematic" form of human rights abuses.

"Let us not kid ourselves and think that this is an electoral problem. It is much broader and much deeper," Koffi Anan added.

The world has opted to ignore Human Rights Watch and Koffi Annan and instead focused of negotiating for the inclusion of the opposition in the government. Will this stop the ethnic cleansing? I bet not.

As Koffi Annan pointed out, what we have in Kenya are 2 independent issues that need to be treated as such. First, we have the election issue where there is clear evidence that both sides were involved in irregularities. Then we have the issue of rights to own property. The later issue is what has lead to the deaths and displacement. We can solve the election problem by creating seats to accommodate the opposition but that will not make Kenyans respect their fellow citizens’ right to own property.

There is only a small relationship between the elections and the ethic cleansing. Some opposition leaders –who may not necessarily support the ethnic cleansing- are counting on the anarchy in Rift Valley as a bargaining chip. On the same note, those sanctioning the genocide in RV are counting on their fellow opposition leaders to divert the attention of security organs. Raila Odinga’s “peaceful protests” in Nairobi and Kisumu are a tool to stretch thin the police force so that the murders of RV can have uninterrupted time to execute their mission. Giving Raila Odinga the power he desperately wants will not necessarily mean that William Ruto and his cohorts will call off the killings.

One thing that Raila Odinga and his supporters must remember is that you cannot ride on the ethnic hate dragon and tame it when you vanquish your political enemy. The outcome of such a mission has unpredictable results and will always spiral out of the control of those thinking the hold the reigns. In the end, neither Raila nor Kibaki will be able to govern what we currently call Kenya.

For once we need to bring the murders to book and tell their followers that Kenyans have rights. William Ruto, William Ole Ntimama, Alexander Sitienei, Musa Sirma, Frankline Bett, Zackayo Cheruiyot and others need to be brought to account. Let them not hide behind the “stolen election”. "Impunity cannot be allowed to stand."

Read this report:

Akuwumi Report on tribal clashes (pdf)

All in the name of democracy

The justification that the tribal cleansing in Kenya has been given is, those carrying out the killings are defending democracy against a president who ‘stole’ an election. The opposition’s targets are members of tribes that were thought to have given President Mwai Kibaki a significant vote.

“This is not a tribal war”, a man scavenging through the rubble hastens to explain.
“This is a fight for democracy. We believe Kibaki rigged the elections and Raila Odinga is the true president.”
When asked why, then, people turned against their neighbours, who were not in any way involved in the rigging, he says: “But they voted for Kibaki! They condoned the rigging!”
New Vision, Kampala, Jan 9, 2008

We have heard the above statement several times until we now believe that anybody who did not vote for Raila Odinga is guilty of some crime.

ODM Scandinavia released a statement in which they said, “ODM Scandinavia believes that the millions of poor and deprived Kikuyus who supported Kibaki are victims of ‘ethnic brainwashing’ by home guards using them as pawns in a political chess game.”

What ODM Scandinavia is trying to do is suggest that Kibaki received votes only people affiliated to the Kikuyu tribe. This is a line that has been used to justify the killing of Kikuyus. I wonder what ODM Scandinavia makes of the near 100% vote that Raila received from the Luo Nyanza.

Assuming that it is justified to kill the Kikuyus because they voted overwhelmingly for Kibaki; what justification is there to kill people from the Kisii community? A close look at the voting patterns in Kisii reveals that voters in the region were very generous to Raila Odinga. The region elected MPs from diverse parties including ODM.

I was not shocked reading William Ruto’s justification for the tribal cleansing.

‘William Ruto is a senior adviser to Odinga, the opposition candidate. He is a Kalenjin who represents Eldoret North. He says that many of Kenya's ethnic groups have been angry that the country's wealth is believed to have been put in the hands of only a few.
Ruto and his fellow leaders with the Orange Democratic Movement have repeatedly called for their followers to be calm. Yet he has been singled out by the Kenya National Commission on Human Rights as a leader who should be prosecuted for allegedly promulgating hate speech prior to the election. He vehemently denies the claim.’

Voice of America, Jan 14, 2008

A number of victims have pointed fingers at William Ruto accusing him of promoting and funding the genocide. His links to the genocide go back to the time when he was a leader in the “Youth for Kanu 92”. The group was accused of raising funds to cause violence.
Late last year Ruto supplied gumboots and spotlights to his supporters in the Sondu area. Leaders who accompanied him accused “foreigners” of buying all land making the natives landless. Ruto’s tour to the region was immediately followed by the eviction and killing of members of the Kisii tribe. (Nation, October 30, 2007)

Leaders in ODM claiming to be proponents of democracy are yet to come out and defend the right of Kenyans to vote as they wish. Instead they are using fear and making Kenyans who did not vote for Raila Odinga blame themselves for exercising their democratic right.

Today in parliament, ODM leaders tried to force ODM members of parliament to display their ballots before casting them. The sole purpose of doing this was to intimidate and scare MPs into electing Raila Odinga’s choice for speaker.

Murder and death threats should not be used as tools to protect democracy.

The Eldoret Massacre

If you are Raila Odinga, the Eldoret Massacre is part of the expected results of a football match. If you are Ida Odinga, you will stand besides your husband as he uses violence as a bargaining chip. If you are Fidel Castro Odinga, you will cheer on your dad's fans seeking to burn Kenya to the ground. But if you are a Kenyan you will not see anything funny in this:

Raila Odinga: This kind of violence can be caused by anything. I give you and an example of a football match. You have also cases of Man U in UK fight against fans of Chelsea he he he ho ho or Asenal he he or so on.

Intervewer: But burning of churches and mass murder have more in common with the specter of Rwanda than they do a football matches.
http://www.channel4.com/player/v2/player.jsp?showId=10680

That is how cheap the life has become in Kenya. It is just a game so sit back, grab some popcorn and enjoy watching children tossed into the fire.

"The men and women had babies and small children, but they carried pangas to
defend themselves. Is someone with a panga innocent? It is not our custom to
kill women and children. We told them to come out of the church, but they
locked the door and refused to come out. So we burned them."
The Guardian http://www.guardian.co.uk/kenya/story/0,,2234305,00.html

Those are words of a brave Raila Odinga supporter. Cold and unmoved by what they did. That was the demeanor in Rwanda. Human life had been rendered worthless.

Leaders of the Orange Democratic Movement are yet to come out and condemn the Eldoret Massacre from the bottom of their hearts. The Vocal MP for Eldoret North William Ruto is missing from the national scene and has not dared to restrain his supporters. The victims of the Kenyan Genocide are instead being blamed for their situation.

The official line from ODM has been, "Nobody wants to spill blood, but democracy has no shortcut."

In short, we have been forced to spill the blood of innocent Kenyans because there is a dictator in power.

Democracy -as per my aunderstanding- is when citizens make a choice without having to pay with their lives. There have been several reports saying that the Kikuyu, Kisii, Kamba, Embu, Meru and Kamba have been targeted because they "never voted for" Raila Odinga. I wonder what kind of democracy they are talking about.

I wonder what democracy they are talking about when they are urging their supporters not to respect the right to own property in any part of the country.

I wonder what democracy they are taling about when freedom of movement is not a right but a privilage dished out only to those tribes that are seen to be in support of Raila Odinga.

Campaign based on ethnicity

The Raila Odinga campaign was heavily dependant on portraying President Mwai Kibaki as a kikuyu president and rallying other tribes to “rebel” against the Kikuyu president. It took 5 years of carefully planning and executing the plan to the letter.

In Nov. 2007, I came across a document that was said to be an ODM Strategy Paper that was circulating on the internet. At first is looked like propaganda until I started analyzing the content in respect to current affairs. Raila Odinga and his team followed the script to the letter. It is impossible that their game coincided with the paper by mere chance.

Excerpts

RECOMMENDED ACTION PLAN

II Kikuyu Alienation

Owing to this strategy’s success during the 2005 referendum, it is the party’s position it should be utilized once more for the General Election. There is an overwhelming feeling among non-Gema communities that the Kikuyu are selfish bigots dedicated to tribal hegemony who will never share the spoils of government with other communities. Underpinning this strategy is the blessing that the ODM campaign has able regional pointmen in Mudavadi, Ruto, Balala and Ntimama who can efficiently galvanize their respective communities around the anti-kikuyu initiative. Concurrently, every effort must be made to undermine Kalonzo in order to prevent him from emerging as an alternative for anti-Kikuyu sentiment. In regard, particular caution should be placed in regions such as RVP where Kalonzo has the potential of attracting some of our votes. Anti-Kikuyuism must be reinforced with promises of jobs and economic gain to key players from every community supporting this initiative.

Download: The ODM Strategy Paper (PDF)
Schedule of events

Strategy	Rationale	How to activate	When activate	Action by:
The anti-Kikuyu crusade	1. This is an important wedge issue. It will help galvanize the rest of the country against a common enemy and set the overall tone of our campaign.	Mass media (allusion to predominance of Kikuyus in public service and business). Public rallies Leafletes Vital e-mail and SMS	Throughout the campaign period, heightened activities three weeks before the elections	All members R.O to lead the execution of this strategy.
Uhuru Kenyatta as Kibaki’s choice in 2012	Accentuate the anti Kikuyu sentiments Cause unease within PNU ranks. Attract the Luhya vote by eliminating the belief that there will be a Luhya successor. Communicate the intention to retain power within a select group of prominent political families (Kenyatta, Moi, Kibaki)	Speculative newspaper articles/op-eds Public pronouncements at campaign rallies Blogs/web forums Leaflets, with special focus on Western Kenya and RVP	Immediately, with heightened media activities end of November	Kipkoech Tanui & Okech Kendo R.O
Majimbo	Majimbo presents the promise to the electorate that they will retain their resources at the exclusion of foreigners particularly the Kikuyu, Akamba and the Indians. It is particularly important for galvanizing the Coastal vote.	Public rallies in RVP, Western and Coast OP-Ed columns in the mainstream media TV/FM radio call-in shows Public workshops with high profile personalities such as Ghai.	Immediate, heightened activities in Decemeber.	Ruto to lead the campaign.
Rigging	Prepare the ground for rejection of unfavorable results. Increase interests in monitoring activities to ensure no rigging happens. Deflect attention from ourselves should opportunities be available to manipulate voter turnout in our green areas.	Press conferences Op-Ed columns TV/FM radio call-in shows Petitions to embassies and ODM-friendly NGOs Public Rallies	Oct/Nov/Dec	All
Ethnic Tension/Violence as a Last Resort	To discourage voter participation in hostile areas.	Continue pro-Majimbo utterances Use ODM agents on the ground to engineer ethnic tension in target areas Support Kapondi’s forces in Mt. Elgon Leaflets targeting Kikuyu, Kisii etc	Mid-Dec	Brig Alexanda Sitienei

The seeds of genocide were planted during the campaigns. What we see today are the fruits of hate.

How the Media executed the plans above:


The General Election will be fought on altar of tribalism

By Barrack Muluka
September 30, 2006

...You must be wondering what will determine our voting in next year’s elections? It is only one thing, ethnicity — or if you want, you can say tribe and tribalism.

Land title deeds, free primary school education, economic growth, the fight against corruption, and all those other things we read about in newspapers and got on radio will not matter. Only what the Government has made us feel about tribes and tribalism will count.

Federalism could bridge current development gaps
By Barrack Muluka
The Standard, Saturday July 29, 2006

But the story of Central Province is the real enigma in Kenya’s political economy.

When it comes to taxation, Central Province is – as I indicated in last week’s column – third from the bottom, just managing to stay ahead of Eastern and North Eastern Provinces.
She contributes just about a third of what Nyanza contributes to KRA. Setting Nairobi apart, more taxes are collected from Nyanza, Rift Valley, Western and Coast Provinces in that order. Yet economic, social and demographic indices tell a different story altogether.

Eventually only about three per cent of Government revenue trickles down to development of any sort. Now if this paltry three per cent must go to the already privileged parts of the country, then the rest are condemned to eternal poverty.


Devolution can cure skewed distribution of nation’s wealth
By Barrack Muluka
The Standard, Saturday July 22, 2006

Why would Nyandarua District get Shillings 956 million for road construction, while the bulk of Luo Nyanza districts get less than ten million shillings each?

Why should Nyeri get Sh785 million, while Moyale, Kisii Central, Nakuru, Trans Nzoia and Bomet get much less.

ODM claims Kibaki, Uhuru signed pact on succession
By Sunday Standard Team

Sunday December 2, 2007

ODM Presidential candidate, Mr Raila Odinga and his running mate, Mr Musalia Mudavadi, have alleged that President Kibaki signed a Memorandum of Understanding (MoU) with former President Moi, Mr Uhuru Kenyatta and Mr Kamlesh Pattni for the 2012 succession.

Kibaki speaks to the head, Raila to the nation’s heart
Published on October 12, 2007
By Kipkoech Tanui

"In his speech at an ODM congress at Kasarani stadium last month, Odinga spoke, to loud applause, about the danger of ‘economic apartheid’ as bad as that in the old South Africa, only this time with one black group dominating the others. This is code for Kikuyu domination of commerce, farming and the professions."