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Business Daily (Nairobi)

Kenya: Stanch the Bleeding And Change the Constitution

Administrator

27 January 2008

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editorial

Putting aside the political contestations and the protests that followed President Kibaki's controversial re-election, the ethnic violence has acquired a familiar historical meta-narrative that does not seem obvious to this government, let alone the nation.

The government, in its bid to defend its legitimacy, has married the political contestation by Orange Democratic Movement (ODM) to the ethnic violence in the Rift Valley.

While it is true ethnic violence could have been sparked by the disputed outcome of the presidential results and that political incitement may have played a role, this correlation only tells part of the story.

Events in the Rift Valley over the last two weeks point to a possible decoupling between the protest over the disputed elections and historical grievances over land in this province.

In simple terms, though it would be a bonus if Mr Raila Odinga were installed as president, the "warriors" attacking the "settlers" in the Rift Valley's ethnic clashes are fighting their ancestor's war to get their land back.

This is a constitutional crisis that neither Mr Kibaki nor Mr Odinga should pretend can be resolved overnight with a handshake. With time, no politician will be able to control the behaviour of these groups.

Again, this crisis, as some schools of thought and journalistic reports from the grassroots have started showing, did not suddenly pop up from thin air on New Year's Eve, but its roots have always been there, even in the last General Election.

The ethnic cleavages that emerged with the 2003 fallout within Narc created perfect opportunistic conditions in which this crisis would germinate.

The Constitutional Referendum in 2005 created the first trigger point that would have broken into violence, but the fair manner in which the voting and tallying process was conducted served as a value.

The December elections provided the second trigger point that suddenly ignited the violence.

Kenya has also contradicted the classic liberal argument that elections are a pre-condition for consolidating a democracy.

In both the Referendum and December contests, national elections served to push the ethnic fault lines even further and entrenched identity as a power source of political power.

These issues did not emerge under the intolerant governments of Presidents Kenyatta and Moi, but they were bound to rise under expanded political and democratic space, with which President Kibaki governed in his first term.

Kenya is not alone in this, as Newsweek editor and respected scholar Fareed Zakaria, who wrote the book The Future of Freedom: Illiberal Democracy at Home and Abroad, observed recently when drawing reference to what is happening here, in Pakistan and Iraq.

He terms what is happening here as the rise of "subnationalism," which has seen the rise of identity politics fuelled, ironically by economic growth, globalization and democracy.

"There are no good answers [to solving this problem], says Mr Zakaria, "Other than the long, hard work of nation building, political bargains, compromises and institution-building," driven by Kenyans and not outsiders.

It is therefore important that as a solution of solving the current crisis facing Kenya that we decouple the political controversy around the disputed presidential tally and the ethnic war being waged in the Rift Valley.

We need a political settlement that recognizes justice and take us above the political divide. However, this is a short-term solution that is likely not going to bring lasting peace and justice in the Rift Valley province.

This can only come through a new constitutional order and other processes that help the nation address the injustices that have come from loss of life and property.

To restore the peace, the government meanwhile needs to stanch the bleeding in the Rift Valley by stopping the attacks with resolve and maintain law and order.

Finally, clear signals need to emerge that there is a sense of urgency in resolving the dispute with ODM and starting the constitutional review process.

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