Yes, Kenya is a failed state PDF Print E-mail
Written by Rodgers Akombe   
Saturday, 04 August 2007

I have finally thrown in the towel after living in a lie for along time. Kenya is ranked in the same class as Somalia and Iraq. This is a classification that I have objected to until the recent events arising from an attempt by the 9th Parliament to award itself an end of term $20m bonus. Yes Kenya is one of the biggest economies of Africa. But this is useless in the absence of rule of law. Rule of law is only possible in when the Executive, the Legislature and the Judiciary carry out their duties without fear or favor. This has not been the case as politics seems to be dictating how the laws are made and enforced. Our executive and parliament is run by people who should have been locked up for corruption and murder many years ago.

Ours is a system where criminals in the opposition will cry intimidation when they are cornered while those in the administration are given a free ride to freedom because they think they own the country. We are in a situation where the administration and the opposition are pointing nuclear weapons at each other. One side has the power given by the constitution while the other has power derived from the masses. To avoid a nuclear warfare, the two sides breathe hot air and stage mock fights as each side tries to show off its weaponry. The result is suffering of the masses.

The police force has been reduced to a charade of a law enforcement organ. Do you ever laugh when told of a prominent person being asked to record a statement with the police? "Recording a statement" is one of the puerile lines that the police use incessantly. What happens after the mighty Kenyans file these statements is still a mystery. Maybe we need to probe the Dandora garbage dump to uncover where the so-called statements are stored.

Filing a statement with the CID is the biggest travesty of them all. The higher you rank in society the higher the rank of CID officer assigned to interrogate you and get your statement. If you are a minister you will be assigned the national chief of CID to interrogate you and that has to be done at the Nairobi headquarters irrespective of where the crime may have been committed. I always thought that chiefs have administrative duties while the juniors deal directly with criminal investigations. That seems not to be the case in the sham we call Kenya Police!

Hon. Charity Ngilu is the latest prominent person to file a statement with the police. In April, we were treated to a dramatic cat and mouse games between Makadara MP Reuben Ndolo and the Kenya Police. Ndolo was wanted for assaulting Anti-Corruption officers; snatching their car keys before organizing a mob to attack them. He was later cornered and forced to "record a statement" with the police. His comrades in the opposition came in handy to allege intimidation of the opposition by the executive.

Before rushing to shower Hon. Ngilu with praise for her "heroic rescue" of a suspect from police custody, let us stop and evaluate the impact of her actions on law enforcement. There are hundreds of citizens in police custody for crimes they may not have committed -that is why they are called suspects. Should these suspects' families and friends storm jails across the country to release their loved ones? That is exactly what Hon. Ngilu is telling us to do in the event that we feel a suspect is unfairly held. There is absolutely no reason why your brother should be in jail for eating your neighbour's goat when some government ministers have been accused of eating Kenya's goats!

We have seen a few cases in the past where police officers have been killed by mobs attempting to free suspects. Late last month in Eldoret, two police officers were lynched by a mob after a suspect's husband raised an alarm claiming that his wife had been abducted by armed thugs. A mob blocked the road, stoned the officers to death before setting their bodies on fire. The policemen died without attempting to use their fire arms on their assailants even though the law gives them powers to use lethal force in self-defense.

While we celebrate the activists who stood up against the 9th parliament's gluttony, I am compelled to condemn Ngilu's actions. As a minister, she swore to defend the constitution of Kenya and that includes letting due process take its course. The law that she swore to defend prohibits citizens from storming police stations and jails. In the event that she is not pleased with such laws, the constitution gives her powers -as an MP- to amend the same and make it legal to run "rescue missions" in police stations. Then it will allow her actions to be replicated by ordinary citizens without fear of being shot dead.

So what do I think will happen to Hon. Ngilu? Nothing. I can confidently bet my life on that. Action is a foreign word in banana republics. To ask for action is demanding too much from our Police Commissioner and Attorney General is asking too much for these institutions that are committed their main goal of dragging Kenya back into the ‘80s.

Will Mama Ngilu resign for her lack of confidence in the administration? Another big no! In a civilized country a minister resigns when she thinks the administration's policies on governance are wrong. Not in a banana republic! Ngilu is Mama Rainbow and she "single-handedly" brought NARC to power. How can she resign from her project and leave the big pay and goodies for others to enjoy? After all she can always claim to have fought President Mwai Kibaki from within in the event Kibaki loses the election.

What action will President Kibaki take? None! This is election year and that means it is not the time to fire your ministers. In a banana republic, it takes more than a small infraction like abuse of office to be fired. In such a republic, keeping tribal chiefs happy trumps everything. Ask Daudi Mwiraria why he was reappointed to the cabinet or Musalia Mudavadi why he is slated to be our VP again and you will see what I mean. And please don't mention Anglo Leasing or Goldenberg.





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Alarmist
written by a guest , August 04, 2007
The author has produced a sensational piece, with its characteristic lack of supporting evidence.
The Ngilu saga is quickly growing horns and hooves turning into an ogre.

Who of us is certain that Ngilu stormed a police post? Heresy?

Kenya is not a failed state. Russia is busy teargassing its people, just as France is.
Bush has just let Libby off, and Brown (the British premier)is vacationing at Camp David with Bush and Laura. Raul, Castros brother still rules with an iron fist as Chavez is busy spewing hate.

In the face of this greatness around us, how is Kenya a failed state? Who decides that?

I support Ngilu, and Kenya will be ok.
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A very precise analysis
written by pndiangui , August 04, 2007
I dont agree that Kenya is a failed state but I totally agree with you on Ngilu.

Hon .Charity's actions , set a bad precedent to enforcement in this country and being put to account by the CID should not be seen as 'STRANGE' at all. The police force should not act softly when dealing with Ministers or any other position holders in the society from the way the act when it comes to ordinary Kenyans (and this should apply even to the Minister of Internal security). This mindset applies to those who have been brought up under the dictatorial regimes where questioning cabinet ministers was unheard of. Two things I am against that charity did;
-Mass governance- A government comes in to ensure law and order and where it doesnt make sense a process should be followed in amending those laws. Ngilu has those powers as a cabinet minister and as an MP.
-Populist directed law breaking actions supported by the position one holds in the society. That is why she saw herself as being 'untouchable' when storming a police cell, which to me it doesnt amount to anything differrent than the very same abuse of power reasons that those who might have been perceived or who actually 'ordered' her arrest thereafter engaged in. Does it make her any differrent ? Absolutely not. We have seen charity trying to defend the corrupt former KNH director using the very same line of thinking as the 'Head of MOH'. Its the cat and mouse games that our presidential candidate Raila Odinga plays with Kenyans for purely populist reasons when he Sanitizes and applys 'dirt' to politicians at will using mass hysteria. This is bad leadership.
Why not in this case mark the police officers abusing the Ann Njogu, ask them to stop doing so or even report to the commissioner of police directly, then follow the right complaining procedure (may be through the police commissioner, the courts and such) and the officer is dismissed from duty after due process, back that up with a legistlation to ensure masses can demonstrate at will but in an orderly manner plus get one of the KPI of police officers and their seniours being attached to any reported cases of public harrassment during arrest with a penalty of dismissal?
No. .. We want the populist, quick gratified 'reform'. Did it stick?
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emotive language
written by Stephen Wanyama , August 04, 2007
Kenya is a failed state. The police keep shooting innocent Kikuyu boys dead for no crime other than being from the slopes and we say nothing. You know, them Kikuyus, thieves and murderers all of them, why should we care.

The Kenya Police are a brutal bunch of animals. Anyone who has been anywhere near them can attest to that. It is totally within the bounds of decent behaviour to try and rescue anyone we know from police custody, hell if you are a Kenyan male between say 50 and 16 the chances are your parents have had to rescue you from those pretend law enforcers.
Maybe your parents do not have a big office, maybe they have money instead, or maybe they knew the OCPD's elder sister, all of Kenyan society acts exactly as Ngilu did in this case because we FEAR the police, we KNOW that they are UNJUST and INCOMPETENT. The goons did not even bother to take the people they had arrested to court on time. They likely did not even know what they were going to charge them with.

Now, obviously, the majority of us may not be able to pull such stunts, but the notion that Ngilu STORMED the police station is nonsense in itself. Storming is what the First Lady did when she went to Nation House ( there is no record anywhere of Ngilu using violence in getting Mrs Njogu out), none whatsoever. I do not know which law she is supposed to have broken. Are Police Stations out of bounds? I know for sure that when I was arrested my parents came into the station to get me out, to save me from a weekend holiday at the hands of Utumishi kwa Wote and the hordes of Nairobi's Finest they keep in those cells.
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footage
written by Mr.Kay , August 04, 2007
Well Stephen Wanyama, if you saw the footage you will clearly see Mrs.Ngilu dragging a suspect out of the police station and attempting to run over a police officer who was doing his job by preventing a suspects from escaping in the minister's car.

In fact I think Ngilu's actions were unprecedented...any other person would be shot dead.

Is Ngilu encouraging anarchy?
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How, now brown cow
written by Stephen Wanyama , August 04, 2007
Mr. Kay would like us to believe that Njogu was taken from the Police Station against her will. Err, okay? So is that the law Ngilu broke? Huyu mama mmoja, alifungua cell za Polisi, akavunja milango ya Polisi, akamtoa mama Njogu pingu, akamtoa mikononi mwa Polisi, huyu mama mmoja!

Ridiculous Kay!! She used her office, like any Kenyan would do, she lied cheated begged pleaded and all of that. What exactly are we suggesting the mhesh did? Did Raila lend her his Hummer? We are not talking about a car chase here. So she told the KP that if they did not move the police car out of her way she would go through it or what? How exactly do you go about attempting to run over a police car?

Kay? All groovy on the Western lobe? Is there a law saying that the police cannot arrest Ngilu? On the pain of what did she take Mrs Njogu from the Kenya Police? She threatened to shoot them? TO sack them? To demote them? Or was it some of that famous Ukambani witchcraft? Plain and simple, she made a lot of noise, and because the Police were not themselves very sure why they were holding the lady, they decided to let her go.
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...
written by Kamale , August 06, 2007
Wanyama, Unfortunately, twisting the story to save Ngilu's face will not do. Kenyans saw what she did and it was wrong. She did not go to the police station, talk to the OCS and secured Ann's release the way your parents did. She took Ann away without the authority of the OCS, now that is a crime as she defied the orders of a police officer to stop when she had a prisoner in her car.

If you would like Ngilu to get away with it, then you are creating that failed state you talk about.
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re: emotive language
written by Timothy , August 07, 2007
Kenya is a failed state. The police keep shooting innocent Kikuyu boys dead for no crime other than being from the slopes and we say nothing. You know, them Kikuyus, thieves and murderers all of them, why should we care.


To Stephen Wanyama, the fact that the Mungiki menace is being decisively dealt with is appreciated by Kenyans. Your language there is clearly meant to raise ethnic-laced temparatures, something sadly perfected by the so called "reformers" in the ODM. Fact is, ODM and the likes of you are angry that the Mungiki is being dealt with, and will therefore not be a big campaign issue.
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