Exclusion of some political elite is the elephant in the room

Let me at the outset confirm that I applaud Dr David Ndii and indeed any other Kenyan who expresses their preferred methods of resolving Kenya’s challenges with conviction. Such conversations, however uncomfortable, are constitutional, unless they morph into hate speech and incitement. I am also not worried that Kenyans will suddenly pull out machetes and start massacring each other pursuant solely to mass action calls or petitions for secession, just like they didn’t burn the country after Uhuru Kenyatta won, as had been predicted by the same Dr Ndii.

Granted some people, particularly the youth, will come out in scores at any call for action, but a majority of Kenyans will demand lots more convincing before hitting the streets. Without doubt, Kenya has serious challenges in its body politic. Since independence Kenya has exhibited serious fault lines, which the political elite exploit by defining as essentially ethnic.

In reality, the true fault lines in Kenya revolve around economic differentiation and the lack of access to opportunity by large segments of Kenya’s population. Having visited 41 of Kenya’s 47 counties during my short stint in Government, I can tell you that poverty knows no political boundaries.

It is also clear from the Kriegler and Waki Committee hearings that Kenyans did not go to war in 2007 because of electoral loss. Granted, the botched elections were a catalyst, but Kenyans were demanding much more than just credible electoral outcomes. Unfortunately, politicians delude themselves that Kenyans bled so they could lead. In truth, what Kenyans wanted was inclusion. More equity in how the country’s vast resources were distributed.

Closer, open and accountable Government. To its credit, the Government of the day facilitated a process through which Kenyans collectively took steps to address the more fundamental issues. That is how our new Constitution included relatively strong devolved units. That is how we ended up with a resource distribution system which is more rule-based than discretionary. That is how the powers of the President were reduced and distributed to various organs.

Undoubtedly, these were not perfect solutions and neither have we been fully faithful in ensuring their full implementation. It is however foolhardy to imagine that the same schisms that took us to war exist in 2017, and are substantially enough to take us to war again.

It is difficult to sell the argument now that there are parts of Kenya that have no share of the national cake. Not only are devolved resources equitably shared, even the national Government is felt in most corners of the country, politics notwithstanding. But this is a long journey and the ills of 50 years cannot be corrected in five years. It is also clear that elections have not resolved other critical issues.

Jubilee won this election; the electoral patterns in other elections speak the same language and even NASA doesn’t really believe the rigging narrative in all these elections. But that has not unresolved feelings of victimisation by many, particularly from Luo Nyanza, who feel that they are unfairly targeted for collective punishment for expressing dissent. This issue cannot be dismissed.

It requires a dispassionate team to establish the extent which dissent against this community is treated differently from any other community and to ensure that if it is true, it never happens again. The It has not fully resolved exclusion. Exclusion, not so much of communities, but of certain political and related elite from access to State largesse. This is the elephant in the room and for that there are no easy solutions. What we need is an honest discourse about possible but realistic interventions.

Finally, there is a fear that Jubilee, with its sizeable majority will turn autocratic and take away constitutional rights. I believe Kenya long evolved beyond that stage. Not only will our institutions including the Judiciary not stand for it, but the people were long unchained and have tasted freedom. Only the reckless would take us backwards. So, while we need to continue conversing on solving Kenya’s problems, let us recognise that this is a nation where flippant solutions will not a new Kenya make.

- The writer is an advocate of the High Court of Kenya.