Ethnic profiling reigns supreme as assault on court turns ugly

Jubilee supporters demonstrate outside the Supreme Court in Nairobi on September 19 over the nullification of the presidential election. [Beverlyne Musili,standard]

The Supreme Court of Kenya could become a victim of ethnic profiling that rules the tides of time and life in Kenya. Nothing in the country can pass without subjection to the clouded lenses of ethnic profiles and odium. Hence, in the post-Supreme Court’s nullification of the August 8 presidential election, a powerful section of the political class has thrown overboard the merits in the court’s decision. It purposes to drag and devastate the apex court through the kinds of sewers in which the International Criminal Court (ICC) was dragged in the period 2011 – 2015.

This segment of the political class has labeled the court’s decision a “sinister coup against the sovereign will of the people.” Conversely, their opponents have hugely celebrated the court decision. They have just fallen short of declaring it an ethnic victory against their traditional adversaries. The spinoff is that both only continue to contribute to a steady deterioration of an already polarised ethnic landscape.

Emotional investment

Over the years, the Kenyan presidential election has degenerated into an ethnic power game. It is an ugly game that sucks in whole tribes. Communities cast themselves into the arena with an entirety of focus and energy. Poor tribal voting crowds nurse wild hopes and dreams of benefits that should trickle down from the ethnic political power elite. Emotional investment in the competition is, therefore, exceptionally high. Even close friends and colleagues from the “competing tribes” may avoid each other. They will seek comfort within the common breed and in their united dream of dominating what are considered ‘enemy’ tribes.

Since independence, Kenya has had the wrong ethnic management model. President Jomo Kenyatta set us off on the agenda of eating. In the early years of the republic, he chided some of his former colleagues in detention for not having found “something to eat” in the post-colonial State. When Bildad Kaggia and Kung’u Karumba complained about poverty and the land question in central Kenya, Mzee Kenyatta taunted them with the words, “Look at yourselves, and look at me. Look at Paul Ngei. See what we have done for ourselves. Were we not with you in Kapenguria (in detention)? What have you done for yourselves?”

The founding President made it abundantly clear that Government was about eating, with a tribal eating class on the high table. The rest of the tribe was persuaded that the “eating Government” was their Government. There remains a huge desire to capture the State for eating purposes, hence the ugliness, anger and hate that come with each cycle of the presidential poll. It is about tribes seeking to continue to dominate opportunities, while others seek to overthrow them and take charge.

It should not surprise us that ethnic fallout is one of the spinoffs of the Supreme Court’s decision to invalidate the presidential election. Ahead of this, the campaigns and voting, of course, also took an ethnic outlook. Parts of the country were designated as Jubilee zones. Others were NASA zones. Basically, the tribe was the determinant.

It was understood from the outset that whole tribes would vote one way. Others would vote a different way. Away from President Kenyatta of Jubilee and Raila Odinga of NASA, the other six candidates were inconsequential. They did not appeal to the tribal instincts and followings. The presidential election, therefore, became an ethnic roll call.

Do we seem to have also expected that the Supreme Court process should be an extension of the ethnic competition? There has been negative profiling of the judges of the topmost court, both on social media and in the public decrees of elite politicians. The net impact is a worsening of the ethnic sentiment across the country. The integrity and dignity of the court that must stay above board has been gratuitously impugned and injured. Regrettably, President Kenyatta fired the first shot. He starkly stated that the court had “mischievously overthrown the will of the people.” In his own words, the court  “staged a coup.”

In the coming weeks, management of ethnic relations in the country seems set to be very trying. The repeat presidential election is again going to be an ethnic roll call. The added difference is that it is now a bare-knuckle fistfight. It is full of ugly propaganda and dodgy ethnic profiling. Fiery brickbats from the political arena find their way to the social media. Here, unschooled individuals exude wild passions. It is a relief of sorts that they are only meeting in cyberspace.

Yet, the impact of the cyber wars can be felt on the ground. Reliable sources indicate that people from certain communities are now “being encouraged to allow employees” from certain tribes “to disengage,” beginning last week. Others are targeted for “being allowed to vacate houses that they rent,” regardless of the rent situation. Conversely, some other communities are “being encouraged to choose carefully” which shop they buy from, depending on the ethnic profile of the owner.

It is a low moment for ethnic diversity in the country. It is anyone’s guess where these sentiments will end up. For they have found their way in virtually every arena that could be counted upon for salvation. Religious leaders and the intelligentsia alike, now speak for their tribes. The few dissenting ethnic voices are considered to be traitors. Even in the media, there is cause to be suspicious. Headlines and storylines seem to take certain slants to satisfy sinister agenda.

Suggestive headlines are common. One may read, “How NASA plans to scuttle repeat election.” Another one may be, “Uhuru: We will kick out Raila even if he wins.” And yet another one could read, “Secrets of night that gave Raila court win.” Ethnic communities are meant to read mischief in their adversaries’ plans and activities through such slants. They are quietly being invited to counter offend.

Nothing, however, could match the sabre rattling of the political class. Top leaders from both sides have declared that they are “not cowards.”  NASA leaders have said, “the people can remove Uhuru,” even without going through the ballot. The President has, in turn, told them that he is “not a bishop” and his “self-restraint is not infinitely elastic.” He has told them that they are lucky he is neither his father – Mzee Kenyatta – nor retired President Moi. Otherwise he would deal with them ruthlessly.

Unlikely to accept outcome

In the continuing drama, the President’s incessant assault against the Supreme Court – ably co-starred by his deputy – is easily the foremost catalyst in worsening ethnic relations. It is getting deeply etched in some people’s minds that their election was stolen through the Supreme Court. In the event that they lose the repeat election, they are unlikely to accept the outcome. Yet they would also be loathe to go to a Supreme Court that has been profiled as hostile to them. What would be their other options?

Inversely, NASA has now taken to owning and defending the Supreme Court. There are no merits here either. It is, of course, understandable that someone should speak in defence of the court. Yet it is a little awkward when that someone is one of the competitors. Where is the Attorney General, the foremost friend of the court? Where is civil society? Where are the faiths based communities? If the ethical and moral pillars of society don’t speak out about ethnic relations and the assault against the Judiciary, they might speak when it is a wee too late.

- Mr Muluka is a publishing editor, special consultant and advisor on public and media relations. [email protected]