Friday, July 15, 2016

A better police?

In keeping with the spirit of constructive criticism that I have adopted, I wish to turn my attention to the small matter of national security which Article 238 defines as "the protection against internal and external threats to Kenya's territorial integrity and sovereignty, its people, their rights, freedoms, property, peace, stability and prosperity, and other national interests." Anything that undermines "national security" is bad. This past Thursday highlighted one of those bad things.

As you very well know, the National Police Service is a national security organ (Art. 239(1)(c) and therefore, it must uphold the principles of national security found in Art. 238, and perform to the best of its capacities its functions, including "train staff to the highest possible standards of competence and integrity". In Kapenguria, on Thursday, the National Police Service failed to live up to its objects or perform its functions.

From what we have been permitted to know, a police officer who was one year out of training at Kiganjo arrived at the Kapenguria police station with the intention of securing the release of a "terror suspect." His superiors, according to unnamed sources, had been concerned with his behaviour and had done nothing. (I think this assertion is unsupported; it might be that his posting to Kapenguria was in the time-honoured tradition of the National Police Service: as a hardship posting meant to compel him to rethink his life choices while in service.)

In any case, on this fateful Thursday, the policeman walked into a police station with the intention of securing the release from police custody of a man suspected of radicalising pupils at a Kapenguria primary school. His efforts were in vain. He grabbed a weapon and murdered the station commander and several of his erstwhile colleagues. Reinforcements were sent from other stations but he repulsed them, using the ammunition from the policemen he had slain. An elite commando unit was sent in from Nairobi. It prevailed, eleven hours after the the first shot was fired. One of the commandos was killed and another was seriously wounded.

A few things emerge from this tragic event. How we recruit policemen, train, manage and deploy them still permits a few rotten potatoes to get through. This risk can be mitigated to a great extent if the recruitment of policemen is not compromised by what has become commonplace: bribes. How we will achieve a corruption-free police recruitment drive in the future remains one of our most difficult challenges.

Second, police training might include the relevant finer points of criminology, criminalistics, criminal law, criminal investigations and criminal prosecutions as well as theoretical units on human rights and fundamental freedoms, but it focuses overwhelmingly on instilling discipline (through parade drilling) and firearms training, especially the use of assault rifles such as the AK-47, the G-3 and the US-made AR-15. To my knowledge, psychometric and psychological screening does not seem to take place at any stage between recruitment and deployment, and this seems to have contributed to increased cases of indiscipline in the ranks and violent acts among policemen or against their superior officers. Psychological and psychiatric care needs to be made part and parcel of the police welfare system.

Third, firearms in the hands of well-trained offenders can be tragically deadly and when the offender is a policeman, the consequences are catastrophic. There are pockets of Kenya where policing must be backed up by an armed force, but the increasing incidents of misuse of firearms by policemen, either against fellow police or civilians must drive us to rethink arming most of the police we interact with. An armed police service that is trained more like a paramilitary army than a law enforcement agency, for which psychological or psychiatric services are unavailable and in which risk assessment before recruitment is still rudimentary at best and which is faced with increasing cases of indiscipline in which firearms are used is not best-suited to deploy armed men in the field in large numbers.

We have copied the iron-fist approach to policing of the United States, India and Israel without the resources to make it work effectively. It is time we rethought the strategy. I am not saying that we should abandon it altogether but that we should tweak it to make it work for us. For one, against whom the police is deployed must be determined with greater clarity in order to arrive at a decision of how many arms will be put into the field at any one time. The other is whether it makes sense to have a armed response for every incident. If we are to look at the police, not in fear, but in appreciation, the police can't feel or be seen as an occupying army.

Thursday, July 14, 2016

Five-point transformations and other parables

I am a downer. I find all that you find good in the world and dump on it. Big. Massively big. No more. I am now in the psychological space needed to offer constructive advice. I am emotionally stable and I want to help. Really.

Today I shall offer my well-meaning though unsolicited advice to the boyishly charming Inspector-General and the ramrod straight Cabinet Secretary for the Interior and Co-ordination of National Government. I want to help them restore the glorious National Police Force to its former respected self. After all no one wants more stories of police murdering civilians, do they?

First, obviously, is the preparation and publishing of a Five Point Transformation Strategic Plan. (I know a very, very good consultant who can help; he has operations in eighteen countries and finds twelve-and-a-half million shillings a pittance that he can wire back to serikali coffers on a whim.) This strategic plan should cover all the bases: re-branding, new uniforms, new titles, community outreach, tenders!, expanded recruitment and enhanced budgetary allocation to cover all that plus the consultant's very, very reasonable fees. (If he charges twenty five million for a one day publicity stunt, swallow your pride and cough up the dough.)

Second, equally obviously, scapegoat the scapegoat-able. Underlings with crooked teeth? Check. Minions with a "bad attitude"? Check. (Anyone who thinks "Baba deserves a chance" definitely has a bad attitude.) Shapely officers of the not-gentle-anymore genders who refuse to share and share alike? Ditto! Hound them without mercy in all the courts of the land.

Third, not so obviously, find an eloquent, English-speaking man-candy to handle the public communications. That Owino guy is good, but it doesn't help that he looks so obviously like an old-school karao. You need the cop equivalent of that Mutua guy (not the wedding videos Mutua; the other one with the navy blue suits and million watts smile).

Fourth, and rather crucial, revise history. Extensively. In detail. Finesse is preferred but not necessary. For example, look at how we view Daniel Toroitich arap Moi today as the benevolent father of the nation and a retired president running successful land-buying companies without bating an eyelid. Kenyans have short memories and in the Digital Age all the media tools are at your disposal in rewriting the history of policing n Kenya in which your shit don't smell. At all. Ever.

Finally, pull a Houdini. Give the people something to focus their anti-corruption, human rights animus on. al Shabaab will do in a pinch, but you are better off reminding the people that "civil society" rhymes rather neatly and niftily with "evil society." A catchy slogan is a beautiful way to focus the attention of a people with the attention span of a pigeon, which your target community is. Every time one of your guys foolishly shoots dead another Kenyan in broad daylight you can just trot out the "evil society" slogan as the bogeyman Kenyans ought to fear and, Hey presto! no more police-are-bad stories.

See? I can be helpful sometimes.

Wednesday, July 13, 2016

An occupying army

We see the police and we are automatically apprehensive. It matters not that many of us are blameless of any malevolent act or intent, if we see uniformed police we run quickly in our minds over all our acts upto that moment and mentally tally up the contents of our pockets, wallets and Mpesa accounts. None of us is immune, save for the men and women with the political, social and financial heft to command the obedience of the police. We have all been on the other end of the attentions of the police and those experiences are not the stuff of legend but the boring wallpaper of otherwise unremarkable lives.

No less than the Ghai Commission and the Committee of Experts agreed that something had to be done because both the Kenya Police Force and the Administration Police Force had become laws unto themselves, seemingly answerable only to their Commander-in-Chief and to no one else. For most of Kenya's history the police forces, including specialised units such as the General Service Unit, the Special Branch (the forerunner of the National Intelligence Service), the Anti-Stock Theft Unit, the Flying Squad, the Criminal Investigation Department (now renamed the Directorate of Criminal Investigations) and mysterious ones such as the Kwe Kwe Squad were the iron fist in the Commander-in-Chief's iron glove, used to smash all opposition to the Commander-in-Chief's remit, imagined and real, to smithereens. Often it is hard-suffering Kenyans with no interest in political power who were the victims of police abuse of power.

When the Committee of Experts attempted to tackle policing (and national security) in the harmonised draft constitution in 2009/2010, the securocracy, from the presidency on down, did everything in its considerable power to water down the proposals that had been endorsed by many Kenyans through years of agitation and discussion. Reading through Chapter Fourteen of the Constitution, it is clear to me that all public mention of "police reforms" is the height of hypocrisy; the Constitution does nothing to reform the police as it existed before August 2010 beyond the changing of names. It is only after you read carefully the functions and objects of the National Police Service in Article 244 of the Constitution that it becomes plain that reforms were never on the cards for the police forces of Kenya. The glaring absence of "public safety" from the mandate of the police forces should have been a very big clue.

Thus it should not have come as a surprise that policemen continue to murder Kenyans with impunity or that the entire securocracy is not interested in justice for the victims of the police; the police are not founded or trained with their principal mandate being the safety of the people or private property. Their mandate, as part of the national security infrastructure, is the "protection against internal and external threats to Kenya's territorial integrity and sovereignty;" the rest of the highfalutin words in Article 238 are neither psychologically nor philosophically inculcated in the securocracy. Kenya's territorial integrity and sovereignty, as much as it shocks to say it, is not what it means; it is the safety and perpetuation of the presidency against all risks. All. Even imaginary ones. The safety of the people or their property is an afterthought, if it is thought of at all.

Kenya is not Israel or the United States or Pakistan; save for the restful peoples of the former Northern Frontier and of the North Rift, many Kenyans and foreigners do not have an axe to grind with the Government of Kenya or the peoples of Kenya. For this reason Kenya does not need an armed national police army. It never has. An armed police army is not a tool of public safety but that of an occupying army. An armed police army is a very public praetorian guard for the protection of the presidency at all costs. This is at the heart of the unending cases of police abuse of power and use of excessive or deadly force against the civilian population. It is the only explanation for the senseless murder of the Mavoko Three and the foot-dragging in the investigation of the case. Unless we know the problem we will never solve it.

Monday, July 11, 2016

A better picture, please.

Kenya's property market is in a bubble. The bubble is still inflating, and if it doesn't get deflated gently, it will burst very painfully. Real estate prices are almost totally unmoored from their true values, and what's keeping them up there is hope, greed and fear (and a generous helping of dishonest money). Everyone's a property speculator and dealer. All power to them, but when the music stops, there'll be plenty of people left without chairs. When the tide goes out, you'll realise how many people were swimming commando. Take your pick of trite metaphor, but don't say you weren't warned.Wallace Kantai
According to Hass Consult, a construction company, "15,000 units were released into the market in 2013" in Nairobi. According to Hass Consult, Nairobi alone needs 200,000 units per year to satisfy the demand for housing across all segments. Taken together with Mr Kantai's assertion of a housing bubble and the reasons for the housing bubble, a few questions come to mind.

First, are banks at risk if the bubble bursts? Among the findings of the analysis of Imperial Bank's books was that a great deal of the insider trading was for the purpose of real estate investment/speculation both in and outside Kenya. Though no proof has been advance, it is alleged that much that is driving county real estate development is not credit advanced by financial institutions but hundreds of millions looted from county coffers. If the Ethics and Anti-Corruption Commission and the Asset Recovery Agency are to be believed, a significant proportion of the missing NYS billions will be found in high end real estate. So, how much of the real estate bubble is financed by the banking sector?

Second, if the banks are not exposed, are they complicit in turning black money white as the driven snow? It is now a statutory requirement that all transactions in real estate (that includes housing, too) must take place through registered financial institutions. Most of it takes place through banks. The Dubai Bank debacle exposed a seamy side to bank supervision: it is almost non-existent. Say someone manages to "obtain" a hundred million from somewhere and wishes to clean it swiftly, a bank would be a natural agency. (I'm reasonably informed that on an "investment" of five million, a hundred million could be "obtained" relatively easily.) A bank could use its accounting system to obscure the source of the hundred million, take its agency fees and arrange the purchase of real estate and quietly close the client account with the CBK's bank supervisors being none the wiser (or richer by a couple of million).

Third, how much of the speculation in Kenya's, especially Nairobi's real estate, is by foreigners or non-resident Kenyans? Of those foreigners, what proportion are laundering black money and do they care if they take a fifty percent haircut on their real estate investments? Again, given the need for these transactions to flow through registered banks, is it possible that we are incapable of keeping track financial inflows/outflows or unable to enforce statutory (and basic) KYC protocols in our financial sector? Whatever the answers are, there is much of the financial infrastructure that seems insulated from regulatory oversight and that has become the preferred conduit feeding air into the real estate bubble.

Fourth, how much of the bubble has been derivativised? Again, the hundred million shilling real estate "investment." Once the real estate has been bought and registered, it becomes available as collateral for other advances of credit which can either be used to invest in other real properties or, as is becoming increasingly popular, assets with a decidedly impermanent character such as Range Rovers, Jaguars, Ferraris, Porsches or Bentleys. If for whatever reason the hundred million is recovered from whence it was obtained, the hundred million investment is unlikely to be liquidated for that amount; more likely it will be between 50 million and 25 million shillings less. And that is the optimistic assessment if the 2007/08 US housing crash is any guide.

Finally, what happens when the crash comes? Will serikali middle class types suddenly flock en masse to Kitisuru, Westlands, Kilimani, Milimani, Upper Hill or Runda? I don't think so. The pain will be felt all over and more so in the civil service where, for sure, a painful round of austerity will ensue (that is, allowances will be pared down to the bone without mercy for the rank and file). "Asset managers" will find themselves without clients; only well-invested funds and "old" money are likely to survive the collapse. RMA might yet go the way of CMC. Will Nairobi come to resemble Sydney or Las Vegas, with rows upon rows of unoccupied, high end real estate attracting vandals and squatters? I wish someone had a better picture.

An unsavoury truth

By now a horrifying thought must be going through your mind. If you are a little like me, even a little bit, you must surely know that Father Christmas is a mythical figure that children revel in even though deep down they must know he doesn't really exist. If your child still believes in Father Christmas at ten, I have to question your emotional and psychological maturity. In the same vein, if it hasn't occurred to you that the last of our national heroes are about to expose their feet of clay, then you really haven't been paying attention.

I hope it is clear to many of you that a great number of our Olympics and IAAF world-beating gold medalists are police and military officers. In light of the revelations about both institutions in recent years, it is almost impossible to continue to believe that the scourge of corruption has not infested either the police or the defence forces and that this corruption has not been manifested in the increasingly loud allegations of doping.

Kenya has an enviable record of world beating track and field athletic achievements. Legends have been created in the rarefied air of Iten's "high altitude" training grounds. When everything else was crashing and burning around our ears, we had our iconic athletes who were purer than the driven snow, more golden than the famed fleece. When they stood tall on top of those podiums and received their medals, wreaths and bouquets of victory, we stood with them. When our national anthem reminded the rest of the world that on the tracks Kenya was a world power, our hearts swelled with pride. No more.

Things have not been the same since the allegations of sexual harassment and abuse of female athletes were exposed and the male-dominated Athletics Kenya did the equivalent of a shoulder shrug. Scrutiny of the athletics system continues to expose graft on a scale hitherto unknown. With new accusations of doping being levelled against elite athletes and their trainers, we are now at a place where national heroes no longer exist. It really shouldn't come as a surprise; the police service is not known for its integrity after all and the defence forces are increasingly being tarred with the same brush the longer its operations in Somalia remain shrouded in mystery. The recent fiasco around the Anti-Doping Act, 2016, has not helped matters at all.
Our elite athletes have remained untainted by any association with their parent services for the longest time because we all believed that when they trained for the marathon or the 10,000 metres races, the Iten air is what gave them that extra "kick" in the final hundred metres of the race. It is this belief that has attracted even elite Ethiopian athletes to come to Iten to train. If it turns out that the extra kick came from dope, then there is no hope for us.

We are no longer children, you and I. We are mature enough to look the horrible truth in the eye. If it turns out that most of our national athletics silverware is the product of chemical-induced greatness, we must face this unsavoury truth with the stoicism we have faced the crumbling of all our other national institutions. One thing is for sure, if doping is the order of the day, first we shall blame the "foreign" trainers, the foreign environment in which our athletes sometimes compete in, the foreign this, that or the other. We will blame the rest of the world rather than admit that the corruption that we have allowed to metastasize in our public institutions has finally infected our last bastion of all that is good with the world. It is only a matter of time before this cancer consumes us all.

Monday, July 04, 2016

The Mavoko Three and Police Reforms

When we were children, growing up in the 1980s or coming of age in the 1990s, our parents taught us certain immutable truths: the Government was always listening; the police were to be feared; politicians were never to be trusted. Of course as we grew older and came into our own, we tempered these lessons with our own life experiences especially because many of us went to university or graduate school and got our first jobs long after it became apparent that, truly, "Yote yawezekana bila Moi." With the abduction, torture, murder and crude disposal of Willie Kimani, Josephat Mwenda and Joseph Muiruri, I am not so sure that we should have tempered the message of our parents rather than heeded its inimitable truth.

What we knowor think that we knowis that Josephat Mwenda was unlawfully shot by a policeman belonging to the Administration Police Force. He filed a criminal complaint against the policeman and the case was being heard at the Mavoko Law Courts. Willie Kimani, who worked for the International Justice Ministry, was his lawyer, advising Mr Mwenda of his rights. Mr Mwenda's criminal complaint resulted in a campaign of harassment and intimidation by officers of the Administration Police Force, including multiple traffic offence charges and criminal allegations of drug-dealing or drugs trafficking. On the fateful day, Mr Mwenda and Mr Kimani contacted Mr Muiruri, a taxi operator, to drive them to the Mavoko Law Courts, wait for them as they concluded their business in court and then drive them back to Nairobi.

We don't know what happened after Mr Mwenda and Mr Kimani left court that day and met up with Mr Muiruri. Mr Kimani's widow received a phonecall from a stranger informing her that three men who were being held at the Mavoko Administration Police Force Camp had scribbled a note on toilet paper and hurled it out of one of its cells asking her to be informed of their whereabouts and that they feared for their lives. That is the last known contact by the three men. A week later the remains, suspected to be of Mr Mwenda and Mr Kimani, were recovered in a river. They had been tortured, had their hands bound behind their backs and drowned in the river. The Law Society of Kenya and large swathes of the population strongly suspect that the men were tortured, murdered and their bodies disposed of by officers of the Administration Police Force. The Inspector-General of Police and the Cabinet Secretary for Interior and Co-ordination of National Government speculate without providing proof that the three may have been done in by hired hitmen.

For the past six years, Kenyans have waited for policing in Kenya to be reformed. It is time we admitted to ourselves that reforms are not forthcoming and, perhaps, they were never coming. We have watched, bemused, as senior police officials have contorted themselves in incredible ways to explain sources of wealth or academic credentials as they undergo "vetting" before the National Police Service Commission. We should not have been so sanguine about the incredible state of affairs in the National Police Service. With the murders of the three men and the circumstances that led to their murders, perhaps it is time to begin an honest national conversation of the kind of police we have and the kind that we deserve.

In the same week that the remains of the three men were discovered, there was yet another ambush of buses travelling from Mandera town. The bus was in a convoy of three and was being guarded by Kenya Police Reservists. Four passengers and a police reservist died. In the previous week, another bus, that time escorted by Kenya Police Force officers, was attacked. Four police died. The police refused to escort any more buses until they were provided with reinforcements and the right kind of transport. At the beginning of the month, as Kenya celebrated Madaraka Day, it is rumoured that the police who marched past the presidential dais in Nakuru were not paid their allowances by their seniors and went on "strike" until the allowances were settled. Early in the year, the sorry state of police patrolling the Boni Forest in Lamu, was broadcast on TV. The police who spoke to reporters were punished for insubordination, dereliction of duty and painting the National Police Service in a bad light.

What emerges is that rank and file policemen are brutalised by their superiors and they, in turn, brutalise the civilian population. The Mavoko Three are not the only victims of the police. There are countless others in the years since we promulgated the constitution, including those who have been "renditioned" outside Kenya on "terrorism" charges and those who have been executed extra-judicially for "terrorist" links or sympathies. These events echo the brutal tactics employed by the police and sanctioned by the late John Michuki when he was the Minister of Internal Security and Provincial Administration when scores of Mungiki adherents and sympathisers were executed extra-judicially. Paul Muite, Senior Counsel, estimates that there were 8,000 such executions.

The United Nations Special Rapportuer on Extra-judicial Killings noted that the police forces of Kenya were not designed, equipped or trained to ensure the safety or security of the civilian population but for the control of civilians. If there was safety or security to be had, it would be the safety and security of the State, the Presidency and the ruling elite. This is the internal security infrastructure that was established by the colonial government, perpetuated by the post-Independence governments of Presidents Kenyatta and Moi, and inherited by the post-multi-party elections' governments of Presidents Kibaki and Kenyatta the Younger. Reforms, as executed after the Ransley Reprt, haven't reordered the relationship of the State and police with the people; they have merely dressed it up in fancy clothes and titles. The police remains a violent tool for the control and subjugation of the civilian population. The Mavoko Three are unlikely to be the last victims of the police.

Despite the threat against the civilian population by terrorist organisations and armed brigands, a national, armed police service is abnormal. It is expensive to equip and difficult to regulate. If we are serious about reforming the National police Service, we must begin by disarming it in its entirety. Where armed response is required, a scaled down General Service Unit shall suffice. Secondly, the police force must be broken up and decentralised completely. Policing must be placed under the authority of governors. Except for the armed General Service Unit, police do not require a national command-and-control system. This will freak out the securocracy and its boosters but if we are to change the way in which we are policed and how the police operate among civilians, it is the only radical step that will convert it into a true police organisation and not a rogue army occupying our streets.

Thursday, June 30, 2016

The re-election of UhuRuto

You treat Uhuru Kenyatta as an idiot at your peril; you treat William Ruto as wounded only if you wish to witness what happens to wounded lions. None of the analysts reading the 2017 tea leaves is wiling to put money down that come hell or high water, Uhuru Kenyatta and William Ruto will secure five more years to rule. The key to their victory lies in the early reconstitution of their campaign propaganda machinery and the deployment of influential voices to far-flung foreign capitals with significant populations of deep-pocketed Kenyans capable of being persuaded to dig onto their pockets for the cause.

The President and Deputy President are smart, smarter than you or I. If they weren't, the message we would be receiving today of their reign would be one of disappointment, lethargy, in-fighting and antipathy. This is a message that resonates among the partisan members of the Opposition coalition; it does not resonate with the millions of Kenyans who, for the first time, have access to Huduma services, tarmacked roads, electricity, piped water, computers, free maternity care and Chinese noodles. For sure large swathes of what was developed Kenya is decrepit; but the even larger swathes that were not developed have been pulled into the twenty-first century for the first time in the history of independent Kenya. The have nothing but praise for the Government and, by extension, the President and the Deputy President.

Careful curating of social media spaces and public broadcasting, equal parts cajoling and bullying of the print media and good old fashioned coercion and bribery have guaranteed that the Opposition is seen as a team of malcontents unwilling to do anything positive for the people instead engaging in acts that have ended in tragedy more often than not. What is amazing is how somehow neither the President nor the Deputy President has been tarred by the brush wielded by the likes of Moses Kuria or William Kabogo, while the doyen of the Opposition is very much linked to every hare-brained scheme and utterance of the vulgar Johnston Muthama and Jakoyo Midiwo.

For the sophisticated among us, the assumption is that how we understand the three years of media management and strategic communication by the Presidency is the same way that the rest of the nation does. It isn't. I am not implying that they are less intelligent or educated than the Nairobi set. No, they are our equals in innate intelligence and academic achievement. What they have is a realistic appreciation of the rules of political power. They do not live on promises, much as urban Kenya does; they reward concrete returns for political capital paid. I will put money down that every Kenyan for whom the Government has provided electricity, free health care, piped water, tarmacked roads, market access and cheaper access to information will vote for Uhuru Kenyatta and William Ruto even as they vote for the Opposition in the counties.

The mothballing of the Presidential Strategic Communications Unit is not a retreat from the political field of battle; it is the first volley by the Presidency in the War of 2017. The President has stolen a march on the opposition once more. The Opposition is busily making and putting out internal political fires. The Opposition might have made up for lost time when it comes to registration of voters, but it has concretely lost when it comes to the other areas of political warfare. The counties under its control remain backward, undeveloped, filthy, expensive, chaotic and violent. That is not a winning combination. Not by a long shot. This time round there is no need to control too tightly the electoral body or the Supreme Court (which is why Jubilee is fighting so hard to control them because if it wants it then, Godammit, CORD wants it too.). Once more, the Opposition has lost before the first shot was fired. Don't believe me? Follow #MakingNairobiGreat on Twitter and witness the re-election of Uhuru Kenyatta and William Ruto.

Wednesday, June 29, 2016

How business is done

One of the strangest things happened without much fanfare yesterday: the tribunal appointed to investigate the conduct of Philip Tunoi, retired judge of the Supreme Court, wound up its sittings arguing that with the retirement of the judge, it had become "functus officio", that is, the retirement of the judge no longer required the tribunal to continue to investigate his conduct because he was no longer a judge. The winding up of the sittings or the reasons for the winding up are not the strange part; the strange part is how the whole thing unfolded in the first place.

The basis for the appointment of the tribunal was an accusation by a journalist that he had been denied his due in a scheme to pervert the course of justice. The judge's accuser claimed that he had acted as an intermediary between the newly-elected governor of Nairobi City County and the judge in a scheme to bribe the judge to guarantee a favourable ruling for the governor in an election petition filed by the governor's principal rival in the 2013 general election. The bribe has never been proven.

The saga beings in a strange way. The accuser goes to a contact he knows at the Directorate of Criminal Investigations and asks for help to get his cut of the bribe from the judge. He informs the CID man that the judge has for months been dodging him, fobbing him off with twenty thousand shillings. The CID man, for some reason, sends the man to his superior who, rather than open a criminal investigation into the alleged bribe, asked the man to find a lawyer to help him swear out an affidavit laying out the sum and substance of his accusations. The lawyer he settled on happened to be the lawyer for the Judicial Service Commission, which had already asked the judge to retire.

The man gave the affidavit to the Chief Justice some time in 2014. Why he gave it to the Chief Justice remains a mystery. The Chief Justice on his part decided to "investigate" the allegations using the administrative machinery of the Judiciary. The man grew impatient as the judge didn't seem to be paying a price for allegedly cheating him out of his cut. So he went to the press with a copy of the affidavit, forcing the Chief Justice's hand who in turn announced the appointment of a team to investigate the affidavit and make recommendations. The team recommended the appointment of a tribunal to investigate the judge. The recommendations were forwarded to the president.

The president blew hot ad cold on the appointment of the tribunal, eventually being forced to do so by a sustained bad press over the whole affair. The rest, they say, is history, for while the tribunal sat, the Court of Appeal ruled that the judge should have retired at the age of seventy years and the Supreme Court, in a fit of madness, is unable to do anything about it because the Chief Justice has retired too, as has the Deputy Chief Justice, and two members of the Supreme Court have recused themselves from hearing the matter and, therefore, the Supreme Court has no quorum to hear the matter.

I find it strange, though, that the man who accused the judge of withholding his cut of the alleged two million dollar bribe was not charged by the Office of the Director of Public Prosecutions with his part in the alleged crime. He has vanished from the newspaper pages, TV studios and blog posts. The whole saga has been about the judge and whether or not he received a bribe from a governor. The Chief Justice behaved strangely, too. Even with his notorious open door policy, how did he come t receive the affidavit and to whom did he share it? Was he so hell bent in forcing the judge out of office on account o his age that he would enter into a scheme to force him out on account of alleged bribe-taking? The judge himself created the circumstances that exposed him to this state of affairs by engaging with both the governor and his accuser in the months before the accusation.

With the winding up of the sittings of the tribunal, and the notorious secrecy instincts of the presidency, it is almost certain that we will never know the truth of what really happened between the three of them. That will be in keeping with the way Kenya does business, which is, really, how the whole world does business.