Uhuru na Kazi In the Shadow of the Election

 

Photo of Mzee Jomo Kenyatta, with his son, Uhuru.

 If you do not know by now, the Kenyan Supreme Court upheld the election results this Saturday. Kenyan Supreme Court upholds Kenyatta's Win The decision was unanimous, which gives Uhuru Kenyatta some political capital going into the presidency. 

Uhuru na kazi. This phrase variously means Freedom and Work or Independence and Work. That was the motto of Kenyan independence, and some say it was one of Mzee Jomo Kenyatta's favorite phrases. Kenya attained independence in 1963. That makes 2013 the Jubilee year of Independence.


Uhuru Muigai Kenyatta was born the son of Jomo Kenyatta--who would become Kenya's first President-- in 1961. He was named Uhuru, in anticipation  for Kenya’s upcoming independence

Kenya's National Flag

 I took my time to write about the Court's decision, because I needed time to think about what it meant. I was happy at a visceral level, because as an observer, I saw a free and fair election. So I was happy to know my observations were not mistaken. I was also very happy that the Court took its time to make a thoughtful decision, that they ordered a partial recount, and that the errors which were present in the election were not so severe as to prevent it from being free and fair.  I am sad, however, that we have simply elected another representative of the Black Colonials, the political class, which knows no tribe. Who Will Mourn Wanjiku?

Kenya has proven that it can run a peaceful, free and fair election. Kenya has shown the world that it has strong democratic institutions, a strong and free press, and a competent and even-handed judiciary. Kenya has shown that it can maintain peace in a sea of conflict, even as wars rage in nearby Somalia and the Congo. Hongera. Mungu ni Mwema. 

The election has just ended, however, I also think that now is as good a time as any to reflect on whether dynastic succession is what is best for Kenya. One could argue that even if this election went peacefully and (relatively) fairly, the victors are not likely to implement major political change.  Both Uhuru and Ruto were politically groomed by President Moi. Why former President Moi is a political genius.  Rather, they are likely to maintain the status quo. Their incentive is to protect the "political class" and not the common wananchi.

Now that we have gotten through an election in one piece, the next challenge is to elect a person, whether male or female, who can challenge the extreme inequality in Kenya, and represent the aspirations of the people. Kenya has a robust constitution, with well laid out rules and procedures. The challenge will be to implement its vision, and give the document a lived meaning. This election, with all its flaws, is a good first step.

So now we have had a free election and we have some kind of Uhuru, yet, I suggest, it is not the real Uhuru the Mau Mau fought for. Now comes the kazi, the work. And indeed, it will be kazi kwa bidii. Can we all pull together to reach that vision of a free and independent Kenya that so many have fought for?

Global Justice, Accountability and the Kenyan election

As we move forward please consider the following views by scholars. I am personally familiar with the work of all three of these scholars, and I respect their views.

Jendayi Frazer

Jendayi Frazer--former US Assistant Secretary for State for African Affairs, former Harvard Kennedy School Professor, and current adjunct senior fellow for Africa Studies at the Council on Foreign Relations-- critiques the role of the ICC in the recent Kenyan election. She makes several important points that I think are worth noting. First, she notes that The Supreme Court of Kenya correctly allowed Uhuru Kenyatta to run on February 15, 2013 because the ICC cannot bar candidates. Second, she argues that the ICC was pre-emptively trying to try and convict Uhuru Kenyatta in the court of public opinion. Further, she states that the ICC's legitimacy has been compromised by the fact that Luis Moreno Ocampo has only found cases of atrocities and crimes against humanity in Africa. ICC has Fallen Fromt the High Ideals of Global Justice, Accountability, Jendayi Frazer Daily Nation, March 16, 2013. Most importantly, she states that "Kenya's new institutions must be respected and allowed to operate autonomously."

Mahmood Mamdani

 The world renowned Africanist Mahmood Mamdani, whose work  I teach in my class, ( I recommend Citizen and Subject, among other books) weighs in as well. He argues that there were two key issues in this election, land and the ICC.  Indeed, tragically, the three largest landowners in Kenya are its three presidential families, Kenyatta, Moi, and Kibaki. (As an aside, this fact breaks my heart, and it indicates to me that since Independence, Kenya has been more of a predatory state than a developmental one.) Mamdani notes that the explanation for the ethnic reconciliation which occurred this March the 4th between the Kalenjin and the Kikuyu can be found in the domestic impact of the ICC. He argues that the ICC re-ethnicised Kenyan politics, re-dividing the country into two large ethnic coalitions. Kenya 2013: The ICC Election, Mahmood Mamdani, Al Jazeera March 15, 2013

Makau Mutua

  Makau Mutua is Dean and SUNY Distinguished Professor at SUNY Buffalo Law School and Chair of the Kenya Human Rights Commission. (He has an excellent book entitled Kenya's Quest for Democracy, Lynne Rienner Press) He emphasizes the need for the candidates to accept the court's opinion, even if they disagree with it. He notes that for an election to be gree and fair, there must be universal suffrage. All eligible voters must be able to register in credible, verifiable, tamper proof rolls. Candidates must enjoy an environment free of repression. The state must not favor a candidate or doctor the process. He emphasizes the need for the IEBC to be independent. What Is Odinga's Case Against Uhuru Kenyatta? Makau Mutua, The Daily Nation, March 16, 2013 Importantly he notes

"The Supreme Court would most likely nullify the presidential vote if it's proved the numbers tampered with were sufficient to cannibalise the 'will of the voters.' But this is a tall order, and the statistical evidence must be damn near impeccable."


Food for thought, indeed. 

~WMB