I agree largely with your lack of good leadership arhunent but you did not deal with the architecture of the politucsl economy that causes the failure of the emergence of good keadership.
The conflict in Kenya brought s ooerr sharing formula for Mwai Kibaki abd Raila Odinga. Kenyatta Uhuru was a key instigator of that violence and by inheriting the mantle of leadership drawn by the British earlier for his father he benefits from the political economy architecture of the British.
This is the historical context that you should situate his ability to frustrate the ICC case against him. You can not get accountability from the Bush Blair WMD debacle and they are both not great leaders euyher.
Lastly, please do not join the lazy thinkers who create the convenient fiction of lack of Institutions in Africa to blane for Aftica's woes. Institutions are built by people and if you are not allowed to grow good leaders who will build your institutions?
I wibder!
In conclusion whrn you observe the uneven angle of a cripple's load look first at the legs before complaining about the angular mis-arrangrmret of the load. The poverty inducing stakes and the exploitative arrangements against Africa are too deep and entrenched to ever allow any leader to emerge. Investigate the deaths of Patrice Lumumba and the failures of Njrunah, Awolowo, Sankara and Nyerere carefully and you will see what I am sayibg!
Cheers.
IBK,
--JM.
My guess is as good as anybody else’s. My pained position is that Africa’s most urgent challenge for some time now has been the challenge of great leadership. Revolutions may not be the answer if the leadership that revolutions spawn are cryptic incarnations and therefore no better than the ones they replace. Leadership shape countries. Great leadership positively transform countries. It makes them competitive and even great.
My thought is that the leadership challenge that most African countries’ have had to deal with for many years now, is a near intractable one in the sense that it is likely to so be for the foreseeable future. If my thought is correct and I do not know that it is, there is little hope for good leadership in most African countries any time soon.
I do not advocate surrender to any “group of external actors”. I know however that the way the world works today, the “international community” whatever that means, will more likely continue to find justification to interfere in the affairs of “independent” African countries whose leaders continue to lawlessly and violently underserve the countries and citizens. The tragedy that is unveiling in South Sudan is a case in point. Ditto Central African Republic.
There are no institutions and structures in Kenya to hold high and mighty politicians accountable for the murder and destruction that followed the election that brought Mr. Kenyatta to power. The ICC in the Hague with all its imperfections, has been the only recourse for seekers of justice.
oa
From:usaafricadialogue@googlegroups.com [mailto:usaafricadialogue@googlegroups.com] On Behalf Of John Mbaku
Sent: Tuesday, February 11, 2014 2:01 PM
To: Meshack Owino
Cc:usaafricadialogue@googlegroups.com
Subject: Re: USA Africa Dialogue Series - Analysis: Kenyatta escapes the ICC, and shows others how it's done
OA:
What you say about Kenya--internal colonization and such--can be said of a lot of other countries, not just in Africa, but also in Asia, Latin American and Caribbean, and even the Middle East. What do you think these various "internally colonized peoples" should do? Try to find ways to improve their governance institutions or surrender to some group of external actors?
On Tue, Feb 11, 2014 at 12:27 PM, Meshack Owino <meshack.owino@yahoo.com> wrote:
Prof. Mbaku,
You are wrote that, "I just recently returned from Kenya. Despite its multifarious problems, Kenya is still freer than a lot of African countries. I do not have to take your word; I have experienced Kenya and many other African countries for myself. I am getting ready to go to Kenya again!"
In a way you are right. Kenya is a good country as long as you are not perceived as a threat to the powers-that-be. As long as you keep your head low; you focus on your day job; and you are not acting in a manner that is seen as a threat to the wealthy and the powerful political elite, you are safe, but the moment you do anything that might jeopardize the interests of the wealthy and powerful political leaders --- for example, you know something that might land them in jail, you will be eliminated. It is that simple.
You will be dead!!! You will be killed, and those who were sent to kill you will in turn be killed, and then those who killed those who killed you will be killed, and then those who killed those who killed those who killed you will be killed .... and so on ... I hope you see the pattern.
That is what happened after the murder of Dr. Robert Ouko in 1990. Nearly all those linked to Dr. Ouko's death have died in very mysterious circumstances. Ouko's family as well as all Kenyans of goodwill are still waiting for justice.
To further add to what I am saying, here is Joe Khamisi' article, "Is Poison the New Bullet in High Profile Kenya Murders." Here is the link to the article:
In addition, let me give you a more recent example of inexplicable deaths, in this case, those associated with the post-election violence in Kenya. The Mungiki group is said to have been hired by some top Kenyan politicians to participate in the post-election violence in Kenya. After that, the key Mungiki leaders who are said to have been given money to participate in the violence started "dying" --- I mean somebody started killing those Mungiki leaders one by one. The group that is said to have killed them is some Kenya police outfit called the Kwekwe squad.
Well, on August 3, last year, the leader of the Kwekwe squad, Zebadayo Maina, was shot to death in mysterious circumstances.
And guess what? The members of the Kwekwe squad realized what was happening, that they were going to be next. They quickly hired a lawyer, and recorded a statement saying that their lives were in danger. Here is a link to their story in the East African Standard newspaper:
And just recently, Maina Kiai claimed that his life and those of his family were in danger following allegation that he was a witness in the Kenya cases at the ICC. Maina Kiai said he would hold the Kenyan state liable if something to him or to his family members. Here is the report:
Finally, there is a report just coming out of the disappearance of Albert Muriuki, a senior advisor to Uhuru Kenyatta on legal and constitutional affairs. What is very interesting about this report is; first, Albert Muriuki was an intern with the ICC before he was hired to work as an advisor to Uhuru Kenyatta; and second, he is not the first peson associated with Uhuru Kenyatta's case at the ICC to have either disappeared, gone underground, died, or refused to cooperate with the ICC. Here is the link to Albert Muriuki's mother asking for information on the whereabouts of her son.
And there many other reports like these ones --- of mysterious deathreats, deaths, and disappearances --- in Kenya. There are many reasons you don't hear about these reports, and I will get back to them later on when time allows.
So, to go back to the beginning. Kenya is a good country as long as you keep your head low, your mouth shut, and your eyes closed. You see nothing and you hear nothing, you are safe.
But the moment you see something and talk, especially if might be pereced to be threatening to the interests of the rich and powerful ---- you are done with, you are gone.
Meshack Owino.
------------------------
______________________
Meshack Owino, Ph.D.,
Associate Professor of History,
Department of History, RT 1319,
Cleveland State University,
2121 Euclid Avenue,
Cleveland, OH 44115,
USA.
Tel. 216-523-7264.
Fax. 216-687-5592.
E-mail Address: meshack.owino@yahoo.com; m.owino@csuohio.edu
From: John Mbaku <jmbaku@weber.edu>
To:"usaafricadialogue@googlegroups.com" <usaafricadialogue@googlegroups.com>Sent: Monday, February 10, 2014 5:07 PM
Subject: Re: USA Africa Dialogue Series - Analysis: Kenyatta escapes the ICC, and shows others how it's done
I just recently returned from Kenya. Despite its multifarious problems, Kenya is still freer than a lot of African countries. I do not have to take your word; I have experienced Kenya and many other African countries for myself. I am getting ready to go to Kenya again!
On Mon, Feb 10, 2014 at 12:26 PM, Segun Ogungbemi <seguno2013@gmail.com> wrote:
Mbaku,
Do you still live in Kenya or you are living abroad? I have told you a country where I had lived and worked.
It is left for you to believe what I have said or not. But it is a fact.
Prof. Segun Ogungbemi.
Sent from my iPhone
On Feb 10, 2014, at 15:07, John Mbaku <jmbaku@weber.edu> wrote:Dear Según:
Sorry, but I am not familiar with the Kenya you are talking about here. It is not the Kenya that I know.
On Sun, Feb 9, 2014 at 8:59 AM, Segun Ogungbemi <seguno2013@gmail.com> wrote:
From my little knowledge of Kenya, I think Owino is right by saying that political leaders cannot be brought to justice in Kenya. It will never happen for now. People are not free to express themselves as they like. In a society where one cannot openly challenge those in power and make them accountable to the electorate, you cannot have a judicial system that will dispense justice as it ought to be.
Kenyans live in fear and anyone who dare the political elite in power does it at his own risk. And that is the truth.
Segun Ogungbemi.
Sent from my iPhone
On Feb 7, 2014, at 3:48, Meshack Owino <meshack.owino@yahoo.com> wrote:Dear Prof. Mbaku,
You say that Uhuru Kenyatta should be accountable to the people of Kenya and not the ICC, but, isn't it a fact that it is the Kenyan people, through their representatives in parliament, that took the post-election violence cases to the ICC? Think about the phrase, "Don't be Vague, Go to the Hague," and where it came from. That phrase was coined by Kenyans' representatives in parliament as they overwhelmingly voted to hand over Kenya's post-election violence cases to the ICC.
What this means is that it is Kenyans who went to the ICC. It has become common for critics to bash the ICC for all sorts of reasons, but, when it comes to the ICC and the Kenyan cases, let us, at the very least, acknowledge one incontrovertible fact: Kenya's post-election violence cases were taken to the ICC by Kenya and Kenyans. It is Kenya that went to the ICC; the ICC never came to Kenya.
Secondly, you are very right when you suggest that African countries should reconstruct and reconstitute their legal and judicial systems to handle the prosecution of cases committed within their borders. That is a good suggestion. However, it is a suggestion that can only work in a few African countries --- perhaps, to some extent, Zambia, Malawi, South Africa, Botswana, Ghana, and a few others, but, it can never work in Kenya. Indeed, it can't work in Gambia, Uganda, Zimbabwe, just to mention a few.
Prof. Mbaku, let us be realistic. Do you think that, short of a revolution, you can take Yoweri Museveni, Yahya Jameh, Robert Mugabe, Paul Kagama, and Uhuru Kenyatta, to name a few, to court in their respective countries, and live to tell the tale? Just tell me, yes or no, Prof. Mbaku.
Indeed, just look at the witnesses in Uhuru Kenyatta's ICC case. Where are they? Answer: dead, hiding, or living in fear. Kenya's banks where Uhuru Kenyatta used to bank his money have "refused" to hand over Uhuru Kenyatta's financial records to the ICC. Guess, why. The telephone companies in Kenya have also been "unable to locate" to Uhuru Kenyatta's telephone records for the period when the post-election violence broke out. Again, your guess as to why is as good as mine.
Therefore, your suggestion about overhauling Kenya's judicial system, good as it is, is nevertheless unrealistic and unworkable for the foreseeable future in Kenya. I am sorry to say it, but that is just as it is. The rich, the wealthy and the powerful will never allow for the creation of a strong and independent judicial system in Kenya capable of prosecuting cases without fear or favor. Your suggestion is unrealistic as far as Kenya is concerned. It won't work in Kenya. Other countries, may be; Kenya, no. Short of a revolution, the rich and powerful will not allow for the overhauling of Kenya's judicial system, and for the establishment of a strong and independent judiciary in Kenya.
Indeed, when you made this very suggestion a few days ago, I responded to you by saying that it was unrealistic because Kenya's history is already littered with cases of assassinations and suspicious deaths --- from that of Pio Gama Pinto to Tom Mboya to JM Kariuki to Dr. Robert Ouko to Alexander Muge, to name just a few --- that have not been resolved to this date. Economic crimes that have cost Kenya billions of shillings in taxpayer money have not ben prosecuted to this date. Victims of assassinations and their families are still waiting to this day for justice for crimes that, mind you, were committed, in some cases, almost fifty years ago!!! Kenya's treasury is still waiting for the return of billions of shillings stolen from it, and for the prosecution of the rich and the powerful who stole the money.
Put simply, there is not a single case -- criminal, economic, or otherwise, for which the powerful, the wealthy, and the rich in Kenya are serving jail-time. None. That is why I think that your prescription for a home-grown judicial system is unrealistic.
Finally, let me say this. The victims and the families of the victims of the post-election violence in Kenya need justice and deserve justice. I don't think they care where justice comes from as long as they get justice.
Telling these victims to wait until Kenya's judicial system is overhauled, reconstituted, and reconstructed for them to get justice in a country that has never seen the prosecution of even one single rich, wealthy, and powerful Kenyan for any crime is like telling them to wait for manna to fall from the sky because the rich, the wealthy and the powerful in Kenya will never allow for the overhauling, reconstitution, and reconstruction of a judicial system capable of prosecuting cases to their logical conclusion.
Meshack Owino.
------------------------
____________________
Meshack Owino, Ph.D.,
Associate Professor of History,
Department of History, RT 1319,
Cleveland State University,
2121 Euclid Avenue,
Cleveland, OH 44115,
USA.
Tel. 216-523-7264.
Fax. 216-687-5592.
E-mail Address: meshack.owino@yahoo.com; m.owino@csuohio.edu
From: John Mbaku <jmbaku@weber.edu>
To:"usaafricadialogue@googlegroups.com" <usaafricadialogue@googlegroups.com>
Sent: Thursday, February 6, 2014 3:23 PM
Subject: Re: USA Africa Dialogue Series - Analysis: Kenyatta escapes the ICC, and shows others how it's done
President Kenyatta should be accountable to the people of Kenya and not the ICC. Hence, it is the Kenya legal system that should provide the victims of the post-2007 elections justice and not the ICC. That said, it is true that present Kenya legal and judicial institutions are either unwilling or unable to administer the necessary justice. Nevertheless, the solution to this quagmire should not be the outsourcing of justice to the ICC. Instead, Kenyans (and perhaps, with external assistance--from the AU, and others) should try to reconstruct and reconstitute their domestic legal and judicial system to enhance its ability to effectively and fully undertake the necessary prosecution of individuals accused of crimes committed within the country's borders. It is the constitutionally-mandated function of a government to deliver justice to its citizens and do so in a fair and judicious manner. Outsourcing justice to the ICC, no matter how attractive that option may appear at this point in time, will not serve the long-term interests of Kenyans.
On Thu, Feb 6, 2014 at 9:39 AM, Olu Abejide <mystock@ymail.com> wrote:
’s all over bar the shouting, and a few more tedious court proceedings. Unless something drastic changes, Uhuru Kenyatta will not face trial at the International Criminal Court – and the thousands of victims of Kenya’s 2007/2008 post-election violence will be denied their chance to see justice done.
Wednesday was supposed to be the first day of his trial, in which he would defend himself against charges of indirect complicity in crimes against humanity for his alleged role in inciting, organising and funding the violence. It was also going to be a milestone in international justice: the first time that a sitting head of state faced an international court on charges of this severity.
But Kenyatta didn’t show. He didn’t need to. The prosecution case had already unravelled to such an extent that instead of arguing for and against his innocence, the lawyers present were squabbling about whether the case should go ahead at all. There was one thing they could all agree on, however: with the current collection of evidence, there’s no way that Kenyatta’s guilt can be proved.Read More
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