Recent statements by Libya President Muammar Gaddafi cannot go unchallenged. On October 4, Kenya’s East African Standard Newspaper reported President Gaddafi to have stepped forward, to shield Kenya against what he perceives as aggression against Africa. On July 3, President Gaddafi rallied the African Union (AU) to pass a resolution, binding its members to cease co-operation with the International Criminal Court (ICC), to protest the indictment of President Hassan Omar al Bashir of Sudan. In both cases, the AU was totally opposing intervention by the international community, to prevent the continued loss of lives of the innocent and defenseless children, and women in the hands of their leaders.

It is unfortunate that the victims of the killings in Sudan and in Kenya are all black Africans. Would the AU under President Gaddafi behave the same way if these killings affected Egypt, Morocco, and Libya – the white Africans there? Are President Gaddafi’s actions intended to square his years of rivalry with the West using his position as the AU Chairman? Or does he have individual and business interests in Kenya?

For many years, the black Africans have suffered and died from rampant corruption, political murders, and politically instigated chaos. There are no signs of the AU solving the problems in Africa, therefore nations of the world are coming in. Unless Africans themselves, regardless of the AU, and their corrupt leaders save themselves, they are doomed.

The greatest danger is in the AU declaring war on the ICC. The ICC is not an enemy of Africa. The AU should divert its energy and resources to Somalia, Congo and Sudan, where millions of black Africans continue to die. No one understands what President Gaddafi is up to in Kenya; other than, his purchase of the controversial Grand Regency Hotel in Nairobi Kenya, at a throwaway price two years ago. His opposition to the ICC is an outright indication that he has a hidden agenda. The perpetrators of both the 1991 killings and the 2008 post-election violence committed crimes against humanity, but the most dreadful crime is the shielding and protecting them.

In 1999 at a meeting in Algiers, the Organization of African Unity (OAU), now AU, resolved not to recognize undemocratic power grabs, and military coups in Africa. This was a blessing to African dictators, who saw it as assurance of political dominance. The OAU resolution of 1999 tended to protect African leaders, instead of the millions of the suffering masses. There is no meaning of having an AU, which only serves the interest of the African leaders and cares less about the masses. The leaders in Kenya are suspects in the post-election violence, and President Bashir of Sudan, has been accused of crimes against humanity.

In 1991 more than 800 Kenyans were killed in less than one week. Then, 1,200 Kenyans were killed in similar circumstances in less than one week in 2008 after millions of arrows were intercepted at the Jomo Kenyatta International Airport.. The possibility of the killings recurring in 2012 cannot be ruled out, if action is not taken on the perpetrators of the post-election violence, whom President Gaddafi and the AU want to shield and defend.

Members of Parliament have twice rejected a tribunal in favor of the ICC. The AU is surviving on taxes from the millions of the African people, whom it doesn’t want to protect and defend. What if these same people refuse to fund the organization? Certainly the more than one billion Africans will not support the idea of protecting those who killed others in Sudan and in Kenya. Africans all over Africa are unhappy with the protests by the the Libyan President and the AU. In good faith, I warn President Gaddafi of Libya that he risks paying heavily for any deaths of Kenyans, in the event that there is a recurrence of chaos in 2012. Africa should support Kenyans in their quest to have the perpetrators of the post-election violence prosecuted by the ICC. There will never be peace in Kenya, if the perpetrators of the killings are not prosecuted.

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Kenya’s history is replete with instances of insecurity all over the nation, whenever pressure builds up for change. The purpose of such insecurity has been to dilute the pressure, and hopefully divert attention.

A commission of Inquiry into the mysterious death of the former Minister For Foreign Affairs Dr Robert John Ouko was set up and was disbanded by the then President of Kenya Mr Daniel Toroitich Arap Moi within a year, without giving any reasons. Before the commission was disbanded, the then Chairman of the Commission and current Chief Justice, Mr Evans Gicheru, complained of insecurity. He said he feared for his life, and revealed that his phones were tapped.

One year after the commission was disbanded, some Kenyans who testified at the commission died under mysterious circumstances. The victims included police officers attached to the commission and former workers of the late minister.

It will also be remembered that Superintendent John Troon of Scotland Yard, also investigated the mysterious murder of Dr Ouko. However, when he left,=2 0ostensibly to attend to his sick mother; he expressed insecurity concerns and did not return.

After the Waki Commission released its findings and recommendations, high level insecurity loomed everywhere in Kenya. The situation slightly eased after Members of Parliament softened their rigid stand against the formation of a tribunal, to prosecute the perpetrators of the post -election violence.

The perpetrators of the post-election violence, most of whom may be senior Kenya politicians, may politicize, and even polarize the proceedings of any tribunal. In order to disrupt the efficiency of a local tribunal, the security of the judges and other officers could be threatened. There is no way any tribunal will successfully prosecute the perpetrators of the post -election violence while operating in Kenya.

The success of the Rwanda Tribunal on the perpetrators of the 1994 genocide was partially attributed to the location of its main offices in Tanzania. The International Criminal Court (ICC), is the ideal place for the prosecution of the perpetrators of the post -2007 election violence. Nevertheless, the Kenyan Parliament is likely to consider a local tribunal. But for justice to be served, the prosecutor at the ICC, Chairman of the African Union, and Secretary General of the United Nations Organization, should recommend relocation of the tribunal offices to another country, once it is approved by Parliament.

Only then can the tribunal judges and ot her workers be assured of protection and security. Considering what happened to Somalia and Rwanda, if proper measures are not taken, Kenyans and the whole world will achieve regrettable results.

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Unless one understands the root cause of a problem, the chances of solving the problem are very slim. During the Jomo Kenyatta regime, many tribes in Kenya lived in relative peace.

Several intermarried as a sign of love and mutual respect. During the first 13 years of former President Daniel Moi’s rule, peace prevailed among most tribes in Kenya.

Trouble started in the late 1980s when the agitation for political pluralism started to gain momentum. After Moi’s efforts in his campaign to discredit the introduction of the multiparty system failed, he started warning Kenyans of war and chaos once a multiparty system of governance was introduced in Kenya.

To be sure, in 1991, Moi’s prediction came to fruition. More than 800 Kenyans were killed. They were Luos from Sondu, Luhyas from Kitale, Kisiis from the Kericho-Kisii border and Kikuyus from Kitale, Kericho, Eldoret, Baringo, Eldama Ravine, Mogotio, Molo, Njoro, and Mau Narok. In most of the attacks, the attackers and killers were suspected to be Kalenjins.

The Luos, the Kisiis, the Luhyas and the Kikuyus were the strongest supporters of the introduction of political pluralism in Kenya, leaving no doubt as to the main reasons for the attack and why the Kalenjins were the main culprits.

Now that the Kenya Parliament wants to adopt a Tribunal in place of the International Criminal Court (ICC), a lot of care has to be taken to ensure that the prosecution of the perpetrators of the post election violence is not politicised.

Justice has to be done, and all those responsible for the killings have to be prosecuted. My plea is for the process to incorporate the 1991 killings because most of those who committed the murders in 1991 were the same people who participated in the killings in 2008. Also, we should have the ICC try the suspects rather than a Tribunal in Kenya. The judiciary in Kenya has a disturbing history and cannot be trusted. I still wonder what measures will be taken to prevent the manipulation of the judicial process after the prosecution of the perpetrators begin. I am worried about the magnitude corruption in Kenya, which undoubtedly can distort the entire process, especially if the prosecutors and the Judges will be Kenyans.

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Kenyans and the international community should stop blaming the Kenya police and army for the crimes they are alleged to have committed. The entire world should understand the hell they have been going through and the agony of the blame for the crimes they never intended to commit.

I thank Mr. Philip Alston for his investigation and findings about the extra-judicial killings in Kenya in the last two years. A large number of Kenyans have been killed without explanation. Although Alston blamed the Kenya army and police for the crimes against humanity, I hold a different opinion. Certain facts were definitely wanting in his findings. Like other Kenyans, the police and the army, are victims of a corrupt regime and have been forced to abide by the rules of the people in power for more than two decades.

Consequently, these government agents have lived in fear, intimidation, harassment, and threat of their lives for daring to disobey orders from corrupt politicians. Among the disciplined forces in the civil service, a clique of loyalists exist, whose word is all that matters. Otherwise we have a highly disciplined and restrained police and military.

A number of prominent Kenyans were killed during President Jomo Kenyatta’s regime. The late Tom Mboya was gunned down by the late Nahashon Isaac Njenga Njoroge, allegedly a trained sharp shooter. Former Superintendent of Police, Patrick Shaw, in league with the former Commandant of the General Service Unit, Mr. Ben Gethi, obeyed the orders to kill the late J.M. Kariuki. The fate of the killers of Pio Gama Pinto, believed to have been policemen working on political orders, is unknown to this day.

During President Moi’s Regime, the fate of those who killed the late Robert John Ouko, remains a mystery. Former Superintendent of Police, Kahumbi was gunned down for disobeying orders to kill a Kenyan Publisher, and Politician Njehu Gatabaki. Former Superintendents of police, Mr. Patrick Shaw, and Mr. Ngangira were killed for refusing to obey orders to kill then Vice President of Kenya.

The fate of the suspects in the death of the British tourist Miss Julie Ward, daughter of the British Hotelier Mr. John Ward, the police officers suspected to have murdered the former Secretary of the Release Political Prisoners organization, the late Mr. Karimi Nduthu, and the police officers believed to have been behind the killing of the late Mr. Mururi, a student leader at Nairobi University, still remain a mystery. Policemen believed to have been behind these deaths, worked on orders from powerful politicians. They were later killed as a means of further cover up.

In the 60s, 70s and early 80s, the Kenyan army was adequately cared for in terms of daily up keep and equipment, but today they are desperate, vulnerable and prone to manipulation by corrupt, powerful politicians. The Kenyan police for their part, no longer enjoy good facilities, which has made them miserable and ready to play dirty for politicians.

Many Kenyans, the World Bank, the International Monetary Fund, the donor community, and Western nations have for decades condemned corrupt leaders in Kenya and called for good governance. The African Union in 1999 resolved not to recognize undemocratic and military regimes, but is helpless in the face of rigged elections, looting of public funds, land grabbing, politically instigated chaos, and the rampant corruption in Kenya. Those who dared challenge Kenya’s record were silenced by threats or killed.

Donors and Western nations have been reminded of Kenya’s sovereignty, which has been used as a shield and protection by corrupt politicians. Since Independence in 1963, only the 1963, 1979 and 2002 elections have been free and fair in Kenya. All the others were characterized by rigging, hooliganism or chaos.

Tired of Western countries who point at their corrupt governance, Kenyan politicians have turned to the Arab Nations and Asia, especially China, who regardless of the agony and suffering caused to the Kenyan people by their own leaders, still do business with them.

Over the years incumbents in Kenyan politics have continued to recycle themselves for leadership positions in the nation, and when they are unable to, they groom their children and friends to perpetuate their ills. It is as though this clique of people is the only persons mandated for leadership in Kenya. This should sincerely come to an end.

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Efforts by President Mwai Kibaki and Prime Minister Raila Odinga to conserve the Mau Forest should be supported by all Kenyans. In the past three decades, deforestation has badly hurt Kenya.

In the 1920s and 1930s, the colonialists engaged Kenyans in tree planting for commercial purposes while protecting indigenous forests. Thousands of acres of land were preserved for those projects, which created employment for many Kenyans.

The employees and their families lived in large villages called Forest Stations situated in the middle of the forests. Each village or Station had more than 15,000 inhabitants. Nakuru District alone had more than 30 villages.

Each year the Kenya Government earned millions of Shillings from forestry. The forestries sustained the continuous flow of various rivers originating from the surrounding mountains. The forest stations also supplied plenty of food to Kenyan cities, including the capital, Nairobi.

In 1985 and 1986, the villages were demolished by the Kenya government without notice and all workers dismissed and evicted from the stations effectively sowing the first seeds of internal displacements.

In 1989, barely three years after the evictions, no single tree was standing. All that land, including trees worth millions of Shillings had been divided among Kenya politicians, their families and their friends. Rivers that ran through the region dried up due to human environmental degradation.

Ndarugu River, which drained its waters into Lake Nakuru transformed into a seasonal one.  This was followed by acute devastation clearly attesting to the effects of greed-fuelled deforestation.

Today there is wrangling over the Mau forest.  President Kibaki and Prime Minister Raila want the forest conserved because it is a water catchment area while some senior cabinet ministers and a number of Rift Valley Politicians are opposed to the idea.

All Kenyans should rally behind the two leaders in their efforts to conserve this life-saving resource.

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After Kenya attained independence from British rule, like many Kenyans, freedom fighters particularly the Mau Mau were awash with optimism, but their hopes for a better life never came to pass.

President Jomo Kenyatta turned a blind eye to freedom fighters and even failed to de-gazette the Mau Mau as a proscribed group. President Kenyatta instead appointed home guards, who had worked closely with the colonial regime, to key positions in his administration. The founding president then sowed the seeds of corruption and greed that have bedeviled Kenya to-date. At the time of his death, Kenyatta’s family had large tracts of land that, in sum, outsized Nyanza, Kenya’s third largest province.

The second president of Kenya, Daniel Arap Moi took the mantle in 1978 following the demise of Mzee Kenyatta and promised to follow in late Kenyatta’s footsteps, popularly known as kufuata nyayo. The Moi administration did little to fight corruption. If anything, the regime exacerbated an already bad graft situation.

Moi’s regime was adept at pushing social ills. Moi restructured government institutions and did away with any structures that stood on the way to self enrichment. As part of a grand scheme to fleece the nation, Moi used presidential decree to invalidate the Kenya Civil Servants Union in 1980 followed by the enactment of section 2A that made Kenya a single party state. With those two actions, the regime tightened its stranglehold on the young republic.

Non-unionization of civil servants made them less effective custodians and managers of public funds because they no longer had a fortress behind which to stand when calling for proper management of public affairs. Section 2A created fear and gagged those voicing dissent. This limited the democratic space.

Before enactment of the repressive Section 2A, doyens of opposition politics, including the late Jaramogi Oginga Odinga and the late George Anyona, petitioned the government to legalize multi-party system of politics. Moi responded by putting Odinga under house arrest and Anyona, in detention without trial. Following the humiliation of Odinga and Anyona, a new crop of compatriots started emerging in the early 1980s. Among the agitators were clergy and dissatisfied politicians.

Conspicuous voices among the millions who were calling for more democratic space and greater freedom included Hon. James Orengo; Koigi wa Wamwere; Prof. Wangari Mathai; Chelagat Mutai; the late Bishop Alexander Kipsang Muge; the late Bishop Henry Okulu; Archbishop Dr. David Gitari; and Rev. Dr. Timothy Njoya.

As the hue and cry for better leadership increased among the citizens, Moi reached for both carrot and stick. He bribed those he could and intimidated those he could not bribe. Having understood that Kenyans of his generation had insatiable thirst for land, Moi reached deep into the forests, including water catchment areas and allocated the same to his cronies as well as potential opposition.

When corruption had spread like cancer affecting every city and village, Kenyans became more persistent in asking for more avenues to voice their concerns and there was no better way than alternative political parties. In 1990, the Odinga and Anyona spirits resurrected in Raila Odinga, Kenya’s current Prime Minister, the late Charles Rubia and Kenneth Matiba. Just like their predecessors, they were put behind bars with neither charges nor trials – just scanty accusations.

When pressure for more parties reached fever pitch, Moi gave in but not without a fight. Moi resorted to fear-mongering and divide-and-rule politics. In some circumstances, literally, paying people off out of opposition or scaring them in to supporting his party, Kenya African National Union (KANU).

Kenyans have never been more optimistic than in January 2003 when Moi finally left power at the expiry of his second term. With Moi’s exit, Kenyans believed that the country was going to pull itself out of the morass, but this too never came to pass. President Mwai Kibaki’s administration quickly got mired in to corruption. When resentment grew within his cabinet, he did not view the same as an opportunity to right the wrongs, but instead reshuffled his cabinet and brought back the same KANU sharks he served with in both Kenyatta and Moi governments.

Post 2007, the inclusion of Orange Democratic Party (ODM) into the government appeared to be the final antidote to the nation’s problems. That has also come to pass as a joke because little has changed. Both President Kibaki’s Party of National Unity ( PNU) and  Premier Odinga’s ODM have had their fair share of  implication in perpetrating corrupt practices.

To-date, the seeds of corruption and bad governance and even discord that were cast at independence dog the nation. And with it come the senseless manipulation of the poor, whom politicians use to commit atrocities in gang-related crimes that ultimately benefit the very architects of the same government that has failed them.

This is, however, not insurmountable. With proper dialogue and decent understanding, we can overcome our handicaps and not only set an example of recovery in Africa but also the world. Yes, we can look at this as an opportunity to reach the stars as opposed to condemnation to abyss.

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