Opinion: [Nairobi By-Elections] Unnecessary when you can appoint a Major General

Today, President Uhuru Kenyatta have pulled a rabbit out of the hat today. He has gotten one of his loyal soldiers. Someone he has promoted, honoured and served in the Kenyan Defence Force (KFD) . To become the Director General of the newly created Nairobi Metropolitan Services (NMS), this being Major General Mohammed Abdallah Badi. Who has served in AMISOM, run the Moi Airforce Base and now taken over Nairobi County.

Mike Sonko was elected in 2017. However, by the end of 2019 all of his reign started to unravel. The looting, the corruption scandals and the mismanagement of the city became clear to the public. He was even charged and put into prison for a short stint. Nevertheless, he haven’t been sentenced nor had to serve any real time. His out on bond and seemingly free.

Already by 25^th February 2020 he signed off parts of Nairobi County to the State House. Clearly sending a message, that he wanted to co-operate, as he still a suspect and not allowed to function as a County Governor. Now on the 18^th March 2020 the State House and the President revealed more. They have created a new unit to control the city and its county, but also lost his job.

What we have seen here is a dismissal of ordinary practice. Not to long ago there was a successful impeachment of the Governor of Kiambu, that was also in mid-February 2020. Now, the President and his team surely didn’t want an by-election nor any other way of organizing the Capitol. That is why Sonko had be moved softly and without a scream.

What we are seeing here in the middle of the second term of Kenyatta is a political ploy to not get an by-election. Avoid an impeachment of one of his allies. Mike Sonko of Nairobi. He don’t want to have more politicking, but more sense of control. That is why a loyal brother get a new technical position in the city. His the epitome of technocrat.

Maj. Gen Badi might be a angle, might be the devil, but at this point that doesn’t matter. Yes, by some degree, we can say Governor Sonko followed Article 182(1b) by resigning today. However, we can also question the means and measures of doing so, as there is still not established evidence nor grounds for the article 181(1b), which states that there is serious reason for believing that the county governor has committed a crime under national or international law.

Yes, the DPP and DCI have allegations, but they are not concurred and sentenced through the courts. Not that I believe Sonko is a choir-boy, but righteous actions and means from the State House should be expected and doing both of these things today. Put the whole action into play.

If we are also honest about this, now that the Governor Sonko is out of the picture, as he resigned and the Office is vacant. There should be a by-election. That is if the Constitution still matters in the Republic, as the article 182(5) states that it should happen within 60 days of the vacancy and doesn’t prescribe any possibility of a manufactured organization control the county itself.

That’s why I have a hard time swallowing the Maj. Gen. appointment today. Not that I want Sonko, just like I didn’t like Evans Kidero’s way either. It is just switching gangsters in office, no change just a different face. What is needed is someone who truly represents the citizens and their needs. A technocrat appointed from the President will definitely not do that.

Other than be a loyal water-boy and servant with a army tone to the civil servants of the capital. Following the direct orders like a foot-soldier and try to shake things-up. Nevertheless, that is just a image and not the real deal. His run military operations, an air-field, but a public office. His trying to tame another lion. The Maj. Gen will needs the tears of the lion to give him liquid courage. Because this will not be easy.

Secondly, this should be easy to take to court and nullify. That is if there is any interest in challenging the President and his clientele at the moment. They were busy fighting locusts, now Coronavirus and before that selling the BBI. Now, they had a minor whiff and got rid of one problem.

However, will this be the end of this saga? Nah. I doubt that. A soldier like Maj. Gen Badi will not let this get away. Not that he has gotten here. Peace.

Opinion: Did the State House breach article 192 of the Constitution with the takeover of Nairobi County?

“State House issued a statement late Tuesday stating that Sonko had signed off to surrender Health, Transport, Public Works and Planning. “In a landmark agreement signed at State House today (Tuesday), Governor Mike Mbuvi Sonko and Devolution Cabinet Secretary Eugene Wamalwa in concurrence with H.E President Uhuru Kenyatta, signed an agreement, handing over functions of the Nairobi County Government to the National Government, pursuant to Article 187 of the Constitution,” the statement by State House Spokeswoman Kanze Dena said. The signing of the agreement was witnessed by the Speaker of the Senate, Kenneth Lusaka and Attorney General Paul Kihara, she added, “This will ensure Nairobi residents receive services efficiently.” (Capital FM – ‘Uhuru rescues Nairobi from Sonko’ 25.02.2020).

Seemingly, the biggest news other than locusts and coronavirus is that Governor Mike Sonko has signed off parts of his Nairobi City Council or Nairobi City County to the Central Government of Kenya. This was done with a big presser and hoopla at the State House. As the President, the Cabinet Secretary and Governor all convened together. However, are there some missing pieces?

Yes. For my part there is no emergency nor internal conflict. Neither war. There has also been no report from nay independent commission who has authorised a takeover. There are allegations of maladministration and corruption against the governor and his government. However, his not yet sentenced or detained. His been charged and the state is building a case against him. That is bad enough, Sonko is a target and has to answer for his misgivings.

However, the lack of certain things, make it natural to question the takeover. Also, the Senate didn’t authorise the takeover. Therefore, there are too many things lacking in the provisions of the constitution to allow the takeover. Just read the article itself.

Kenya Constitution 192. Suspension of a county government:

“(1) The President may suspend a county government–

(a) in an emergency arising out of internal conflict or war;

or

(b) in any other exceptional circumstances.

(2) A county government shall not be suspended under clause (1) (b) unless an independent commission of inquiry has investigated allegations against the county government, the President is satisfied that the allegations are justified and the Senate has authorised the suspension.

(3) During a suspension under this Article, arrangements shall be made for the performance of the functions of a county government in accordance with an Act of Parliament.

(4) The Senate may at any time terminate the suspension.

(5) A suspension under this Article shall not extend beyond a period of ninety days.

(6) On the expiry of the period provided for under clause (5), elections for the relevant county government shall be held” (Constitution of Kenya 2010).

“NAIROBI, Kenya Feb 27 – The Senate has summoned Devolution Cabinet Secretary Eugene Wamalwa, Attorney General Kihara Kariuki and the Chairperson of the Council of Governors Wycliffe Oparanya over the Nairobi take-over by the national government. Senate Deputy Speaker Kindiki Kithure issued the orders on Wednesday afternoon directing that the hearings should be jointly done by the Devolution and Justice and Legal Affairs Committees” (Capital FM – ‘Senate sharply divided on legality of Nairobi take-over’ 27.02.2020).

So, that the Senate is also questioning the operation made by the State House. As they are supposed too. They were by the provisions in the article 192 in the Constitution clear message to the lawmakers. This could be taken down by the merit and lack of protocol.

Not like it is a war-zone either in Nairobi. Maybe a downward spiral in jobs and financial security for plenty of its citizens. Nevertheless, the state cannot just issue this. Sonko might did as a private trade to save his political career. Still, that doesn’t save the act. Especially, if the state cares about the articles in the Constitution.

That is why I could just with pin-pointing the guidelines to the suspension of a county government is supposed to be validate. Which was clearly not done. If it was, then the Senate wouldn’t call in the people who signed off Nairobi to the State House. Peace.

Kenya: Governor Alfred Mutua letter to IGP Hilary Mutyambai – Re: Treats to me by DP William Ruto, Aden Duale and Kipchumba Murkomen (16.12.2019)

Council of Governors: Jamhuri Day Message (12.12.2019)

Kenya: MLK LLP letter to Chairman Kirogo – Ref: Request for Information on Dennis Njue Itumbi (09.12.2019)

Opinion: Kenyatta’s Week of Anger

It seems like its been a week of anger in concern of President Uhuru Kenyatta. It is hard to know why he suddenly gotten so mad. Maybe the fuzz of the beers or whatever he drinks doesn’t work anymore. Maybe some international organizations doesn’t want to borrow money without to many strings anymore. Who knows? But certainly, his not the happy, go lucky President of the past.

Kenyatta has gone after the ones claiming he was silent. He has targeted the ones who commented on the BBI Report before it was published. Uhuru has addressed the Tanga Tanga and Ruto allies. But not in friendliness, but straight forward attacks.

First with the silent quote, before the carrying own cross!

“They see me silent and think ‘he is just there and knows nothing. There is nothing I do not know and when the time comes, I know those who speak and they are not those who are speaking now. When the time comes, we will come and we will speak to you about what we will do. Mwaka mpya, we are with you. Let’s just first listen to their lectures. We are with you” – Uhuru Kenyatta on the 4^th December 2019

“Please let us not politicize the war on corruption. When an individual is stealing public resources he doesn’t do so on behalf of his family or community. Therefore, anyone who is implicated should carry their own cross” – Uhuru Kenyatta on the 8^th December 2019

With this he shows that his made and furious. Not that Kenyatta haven’t shown that before. He has whined before in public about his war on corruption. Not that its believable, because his closest cronies and known grand corruption scandals, which are not touched or have had any consequences. They have just gotten appointed elsewhere or gotten away scotch-free.

That is why his anger and frustration only seems forced. That the President only says this things, because he knows this is the right thing to say. However, his actions and his state of affairs is saying otherwise. That is why its not believable.

It is a mirage, that the President think he can create on his own. He thinks he can build it and make the image of it into reality. When its only a creation of his own imagination. The President can continue with his harsh words, warn and talk of sanctions. The President can continue to assault one part of the political elite or professions, but that wouldn’t change anything.

Kenyatta can act mad, can act sad or even glad. Nevertheless, the real actions are shown with what he borrows, the debt-ratio he leaves behind, the state deficit and the lack of good results from his time in office. That Kenyatta have little to show compared to the Big Four promise or the other pledges. Is because the state has been busy doing other things and securing their time to eat. The President has accepted it too, because he has eaten too.

That is why, the current outcry and stable battle against corruption goes old. When it really isn’t targeting the ones on the top, but the small fringe players and the ones whose has their turns. That is why Kenyatta can play and think PR speeches will save his behind. However, it will not. It is a lot of noise, but no real action. Peace.

Kenya: National Police Service – Press Statement on the Arrest of Nairobi Governor Mike Sonko (07.12.2019)

Opinion: It was Sonko’s turn, apparently…

Arresting Nairobi City County Governor Mike Mbuvi Sonko will not solve anything. Neither will it change the ways this are done. Governor Sonko has just followed the footsteps of the previous governors and County Officials. Not it’s righteous or make it right to steal from the public coffers, but that is ingrained in the system. There was no significant change from Evans Kidero or anyone else before him.

The Presser of DPP Noordin Haji and his arrest order of Sonko will not do a big whoop in Nairobi. Than, the whole political elite and all the stakeholders has to change overnight. As they are working as business as usual. Yes, Sonko is a thief, his comrades is involved and his misused power. Nevertheless, in Nairobi, who hasn’t and who of the political elite isn’t benefitting at this current moment?

It is not like the slum-dwellers nor the citizens outside the posh areas feels significant changes from who reside as the Governor. It is just another head and another big-man, who has his time to eat. That isn’t inspiring nor justification for what Sonko did, but he does what everyone before him has done too in this role. Land grabbing, putting associates on County Boards and appointing friends as county officials. That is just what they do.

Before he got elected, he had already been convicted and a run-away prisoner too. So, he knows the rule of law and know what it entails to break it. He has served a stint behind bars and that’s not new to him.

If his corrupt, than his just as blimy and outrageous as plenty of the government officials and the ones running the Jubilee government. Not like the Jubilee have gone long and far between corruption scandals, neither the mere scope and the amounts of grand corruption too.

Therefore, Sonko has to answer for his misdeeds, unless they are baseless and taken out proportions. Some even claim this is the sins of the previous administration and Sonko trying to clear the bill. But that is up for his legal aid to defend the man.

Sonko’s time was up and suddenly he had to appear. Somehow, it isn’t far from being a high ranking official to be answering in courts. Even Cabinet Secretaries has gone from High Ranking Officials to felons overnight. Therefore, that Sonko does it now isn’t that special.

His just one con down, more to go. Wouldn’t be shocked if he got caught slipping and had cases against him with viable evidence. However, that is up to the courts of if the DPP has his paper-trail in order. It wouldn’t be shocking if Sonko got caught doing some illegal bidding and some tenders out of whack. That just meant he was the perfect target at this very moment.

Since the DPP and other agencies has targeted less friendly faces and ensured they have a bad day. Like Hassan Joho of Mombasa has already been under fire for other reasons. Therefore, that Sonko is in trouble today isn’t a sudden new trick of the sleeve. More another play and to show that someone gets charged for corruption.

If this plays out well and not a PR stunt, than the DPP and EACC has done their best. If he just get free and the case is dismissed. Than it was just a play for the façade and hoping that no one notice the charade. However, that is to early to know.

Nevertheless, when you elect a crook and a thief, don’t expect him to not steal. He will not turn into a preacher man and a saint, when he has already been charged with it in the past. That should be public knowledge and common sense, but apparently is not. Peace.

Nairobi City County: Office of the Governor – Press Statement over DPP’s Arrest Order (06.12.2019)

Kenya: office of the Director of Public Prosecutions Statement on Allegations of Corruption in Nairobi County Government (06.12.2019)