Uhuru has political cover to fight rot in security sector

By Ken Opalo

I am on record expressing optimism about the presidency of Uhuru Kenyatta. The man weathered the legitimacy crisis caused by the manner of his victory last March rather well.

For this reason, among others, I have argued before that Mr Kenyatta could prove to be Kenya’s FDR, the US president who, even though of patrician origins, fought the poor man’s fight and lifted millions of people out of poverty with the New Deal programmes.

For those who don’t know, FDR is the reason Americans instituted term limits after he was re-elected a record four times. But was I wrong in my assessment of Mr Kenyatta?

I don’t think so. Truth be told, Mr Kenyatta’s two biggest failings over the last year have been his choice of a slow transition rather than a radical surgery in the public service, and his acceptance of ethnicity as the primary organising principle of Kenyan politics.

These failings have resulted from both political and practical realities – some Kibaki-era Government officials were key backers of TNA, and the Government needed a modicum of continuity during the transition.  The much-publicised administrative jujitsu involving the senior official at Harambee House is a case in point. The slow transition denied us the feeling of change that marked the 2003 presidential turnover.

But there is still time for a radical transition, especially in the security sector. As I have written before, corruption in the sector is deeply political. Tackling it, therefore, requires political suaveness. Also, almost everyone in Government is implicated in one way or the other. So anti-corruption crusaders must be careful not to bring down the whole political edifice in the process. To put it bluntly, the political economy of corruption dictates that reform will come only if it is really needed, circumscribed, and piecemeal. In this regard the security sector presents the biggest opportunity.

Kenyans are dying left, right and centre at the hands of terrorists, armed bandits and all manner of shady characters. Since 2011, we have had about 87 explosions targeting civilians. If there was ever political cover for the President to clean up the security sector, this is it. We need not have another Westgate before he acts. President Kenyatta can simply rally the people to his side, then start the meticulous process of cleaning shop in the security sector (including in the intelligence services).

Incompetent officers should be fired, not transferred.  Those found to be engaging in egregious crimes should be taken to court and jailed.  From the outside I can appreciate the President’s predicament. Reforming the security sector will necessarily involve stepping on the toes of powerful criminal cartels with tentacles in both sides of the political aisle. But this must be done. We cannot pretend to be fighting terrorists while cavorting with drug traffickers, poachers, land grabbers, and sponsors of armed bandits. Crime breeds more crime. The culture that tolerates the smuggling of illegal goods through police checkpoints and border posts is the same culture that allows terrorists and their wares into the country.

Admittedly, with the most powerful of these criminal elements, the Government may have to negotiate an agreeable settlement for political reasons (or risk bringing down the whole house).  But as a critical matter, we must de-criminalise our politics. Otherwise, all 42 million of us are hell-bound in a handbasket.

For many years, the police force, our courts, and the office of the Director of Public Prosecutions have been used to shield political sacred cows. Reforming these institutions will necessarily result in huge financial losses for powerful people. Reformers of all stripes must, therefore, think of ways to convince these powerful people that they too stand to gain under a new dispensation. And for this to happen, the President and other reformist leaders need sufficient political cover.

The economy cannot prosper under the shadow of insecurity and endemic criminality. The President and his deputy must, therefore, do their best to fight criminality in all its forms, even when it is politically costly to do so.

When they sound equivocal regarding fraudulent schemes like Anglo Leasing and other criminal activities for political expediency, it sends the wrong message.

Those of my generation will not judge the Jubilee administration by the standards of Kenya’s previous or regional administrations, but by the standards of the very best in the world. In this light, I think it is fair to say that so far, Mr Kenyatta is not doing as well as he could. But he has time, and ample room for improvement.

The President should be constantly reminded that great leaders never let crises go to waste.

The writer is a PhD candidate at Stanford University and consultant with IPRE Group