From: Mugo Muchiri
Los Angeles, CA
October 15, 2012
THE MUGO REPORT – October 2012
Q: Habari ndugu Mugo? Are you celebrating the fall?
Mugo: Yes, the cooler temps are a reprieve. Now we’re dusting off our Ketepa chai boxes, asante Kericho! Also, ucuru will be in vogue. How about you, are you well?
Q: Very much so, yes. Well talk about change; is it in order to congratulate the Kenya Defense Forces for their gallant victory in Kismayu?
Mugo: Oh yes! Our sons and daughters have fought the brave fight and along with the Somali National Army have finally routed al Shabaab whose remnants now appear to have shaved their beards and blended in with other Somali citizens. I guess the seven virgins can wait.
I’m sure it took months of war planning and preparation. Slowly but surely, the combined forces executed admirably, extricating al Shabaab from town after town. It was an impressive feat, tactically and otherwise. So yes, we need to congratulate our men and women in uniform. Also, remember that Kenya didn’t ask for this fight. Al Shabaab infiltrated Kenya, killed and hijacked some of our tourists. My belief is that the whole tourism matrix would have precipitously changed had President Kibaki not acted decisively. So al Shabaab is only reaping what they sowed.
Q: Knowing al Shabaab’s restlessness, I can almost smell trouble looming. These guys never seem to be satisfied with the status quo. It’s almost like a Maslovian need to aggravate. Is rattling just part of their DNA?
Mugo: It’s not so much that it’s part of anyone’s DNA as it is being in state of core discontentment and blaming others for it. Ordinarily when you and I have a problem, we seek out help from someone we deem competent. Not these guys. They lay their dissatisfaction at the feet of all persons, cultures and religions that are at variance with their belief system. So this mindset is a danger to any secular society, so much so that their disenchantment has the potential to become your existential problem. Of course Kenya’s vulnerability is by virtue of her geographical proximity to Somalia. So guess who gets to see the end of that muzzle?
Q: Is the establishment of a Caliphate the primary driver of their ambition?
Mugo: What Caliphate? With any new idea, or new interpretation of an old idea, the question is simple: Are we better off now than we were before its advent? Now look at areas where al Shabaab until recently controlled, that means vast swaths of territory in South and Central Somalia, did you see even flickers of a nobler quality of life? Or were coercion and violence in fact the order of the day? Did you see a smiling, joyful citizenry, or was it a fearful and cowering one? I think most sane people would conclude that de-limbing your fellow citizens, or anyone for that matter, isn’t exactly the pathway to an ideal society. They should work on de-limbing their sins, rather than causing them.
Q: Sawa, let’s go domestic for a moment. Ferdinand Waititu was recently dismissed as Water assistant minister by President Mwai Kibaki. His mouth was a loose cannon again, this time calling for the expulsion of the Maasai in Embakasi. The AG and DOP seem to want to make him exhibit A in their fight against hate speech. What are your thoughts?
Mugo: The man is sowing what he reaped. He has no-one to blame but himself. I’m waiting to see how strong of a message the verdict on this case will send. I don’t understand how you kiss/hug or whatever you do to your wife and kids in the morning, and then go out and spread fire over people who’ve also got wives and kids. How Waititu could have been so blind to the ramifications of his reckless speech, I don’t get. A number of deaths are directly attributable to his incitation.
To me, the thing that ought to mark you as a leader is how you treat kawaida people. I’d say, Strive to find leaders would treat you like they do their own family. According to TM founder Maharishi Mahesh Yogi, the benchmark of leadership is Unity Consciousness, the pinnacle of human development. In this state, you see everyone and everything – your entire environment – in terms of your Self. Then everything is as dear to you as you are to yourself.
One thing is for sure: Waititu can forget about being the Governor of Nairobi. And Nairobi will be the better for it.
Q: Talking about Integrity and Leadership, Charles Nyachae of the CIC has a case before Justice David Majanja seeking a judgment to render null and void the current Integrity Bill as it stands. Was this an inevitable development?
Mugo: Yes. I think this is without doubt one of the most important developments in our jurisprudence since our Constitution’s enactment. You’d have to be blind not to concede that Parliament’s rendering of the Integrity and Leadership Bill was a deliberate attempt to circumvent the intent of the Constitution and the legislators knew it. All they had in mind were their re-election prospects. Many of them recognize that any dubious records make it next to impossible to run again for office if a robust Integrity bill sees the light of day.
Greed, my friend, is a fundamental human weakness in society. It is also a powerful driver of behavior. But it must be substantially reduced and finally eliminated. If we fail to check greed, it causes tension in society by virtue of its less influential members getting the squeeze. So having an inviolable creed that guides our national life is necessary, although not sufficient. That’s why impartial courts are there. To knock some sense into the other branches of Government. Then the Constitution can be seen to serve its intended purpose.
In a roundabout way, Parliament was actually doing us Kenyans a favor. We’re now presented an opportunity to reap the fruits of a re-vamping and increasingly independent Judiciary. This would not have been possible with a stained Judiciary. So we circle back to CJ Mutunga’s efforts. And as Kenyans we have to laud these efforts. Without them, tensions rise and the seeds of foment find fertile ground.
Q: Sawa. Why is the President delaying gazetting the members of the Land Commission? They’re plenty of issues around land that are in dire need of solutions. The can’s been kicked down the road for far too long.
Mugo: To tell you the truth, I’ve been asking the same question. We need some action now and hopefully an announcement is forthcoming soon. You know this is where the greatest injustice on Kenyans has occurred. So once the commission is up and running, expect to see some real intrigues. If we can see claw backs from illegally possessed Mbuta properties, this will be an important sign the country is coming back.
Q: I recently saw a video of the media-shy Mama Ngina where she’d been invited as guest of honor to a Children’s Home. Anyway, after her remarks and donation – mainly foodstuff and clothing – a reporter asked if she was willing to donate some of her family’s vast land holdings to help settle some IDPs. The answer couldn’t have been any clearer: NO! But you know what, that scene kept me thinking, ‘No one cares about anyone. Mama Ngina has so much land just in Karen alone, that it’s has almost turned into a forest for non-use. Why can’t she sell it and help these people?’ And I could go on and on about powerful people with tremendous land holdings that are idle for the most part. Are these some of the issues that the Land Commission will resolve?
Mugo: By the way, I also saw some footage some time back featuring Mama Ngina’s eldest daughter Christine. In it, she asserts that all land holdings in the family were acquired legitimately and that they have titles to each and every one of them. Of course most people in Kenya think that’s baloney…..like you could have said ‘no’ to President Kenyatta.
In any case, past and present land injustices will be one the key issues the Land Commission will be require to adjudicate. But their mandate exceeds this one area, and includes the management of all public land at the national and county levels. Kenyans can expect a national land policy from these guys as well as professional advice on streamlining the delicate area of title registration. Finally land research and use of natural resources will also be in their purview.
It’s one the most powerful public service organs in Kenya. I’d even venture to say that if they do a sterling job, the Chairman would have a more-than-great shot at the presidency at some future period. That how visible and vital that perch has the potential to be.
Q: Great and exciting developments. Kenya’s no longer that sleepy corner of Africa, “near Ghana.” Do you have any concluding remarks?
Mugo: An acquaintance of mine from Georgia who just returned from Kenya alerts me that illegal transfers of land and other properties owned by Kenyans in Diaspora have reached alarming levels. So this is a shot out to readers: If you yourself have been the subject of expropriation, please send me your details. I know two friends of mine from the LA area to whom this happened. In both cases, they had built magnificent homes in high market areas only to lose them through illegally-orchestrated transfers to third parties. In one case, the guy was only able to get his property back after suing the expropriator, plus the Attorney General and Lands Minister.
I’m hoping to travel back to Kenya soon. Before I leave, I intend to secure a meeting with Mr. Eric Mutua, Chairman of the Kenya Law Society. The intention is to discuss how to prevent wayward lawyers from stealing our money in escrow. This is not theoretical for me. It actually happened to me and, almost five years on, I have not recovered the entire sum.
In my view, the LSK has been too lenient in dealing with this problem. I hope to raise this and other issues with the LSK. Also, the Government of Kenya provides foreign investors with capital protection. Now with all the money going into Kenya from the Diaspora, why can’t we have some similar treatment? There should be some framework to ensure hard-earned assets are not at the mercy of thieves and thugs. This is one area where Diaspora can unite and cause some levers to be pulled.
Anyway, from the son of Ndunge, it’s kwaheri ya kusomana.