The Role of Tribe on State Management - Kenya a case study

Introduction

THE ROLE OF TRIBES IN STATE MANAGEMENT; KENYA,

A CASE STUDY

A dissertation submitted in partial fulfilment of the requirements for the Masters of

Arts Degree in Diplomatic Studies at the Diplomatic Academy of London, University

of Westminster, London in September 2009.

By: Josiah Njore Kimani

a

The Role of Tribes in State Management

Authorship Statement

Diplomatic Academy of London

University of Westminster

Josiah Njore Kimani

September 2009.

MA Dissertation on: The Role of Tribes in State Management; Kenya, a Case

Study.

I confirm that the above submitted MA Dissertation is my own work and that all

references and sources are fully acknowledged.

J. N. Kimani

Tuesday, 02 May 2023

Acknowledgement.....................................................................................................dExecutive Summary....................................................................................................i1 Chapter 1: INTRODUCTION..............................................................................1

1.1 LITERATURE REVIEW AND CONCEPTUAL FRAMEWORK................................91.2 RESEARCH METHODOLOGY..............................................................................14

1.2.1 Sample Selection............................................................................................................141.2.2 Instrument and Process of Data Collection.....................................................................141.2.3 Rationale for Primary Research Technique....................................................................161.2.4 Rationale for Secondary Research Technique................................................................171.2.5 Limitations....................................................................................................................... 171.2.6 Conclusion......................................................................................................................18

2 CHAPTER 2: STATE MANAGEMENT: THE ROLE OF INCLUSION..............192.1 Presidency and State Management.....................................................................212.2 Tribe and Representation in Political Parties.....................................................232.3 Elections and State Management........................................................................28

b

Introduction

3 Chapter 3: DYNAMICS OF TRIBE AND STATE MANAGEMENT: THE CASE OF KENYA................................................................................................................32

3.1 Historical Overview...............................................................................................333.2 Tribe and Party Politics in Kenya: A Background.............................................363.3 Primary Data Presentation and Analysis............................................................423.4 Conclusion.............................................................................................................48

4 Chapter 4: CONCLUSION AND RECOMMENDATIONS.................................504.1 RECOMMENDATIONS...........................................................................................53

BIBLIOGRAPHY AND REFERENCES.....................................................................59Books........................................................................................................................................... 59Articles......................................................................................................................................... 60Internet Articles............................................................................................................................ 60Audio Books................................................................................................................................. 62

c


Acknowledgement

I would like to first and foremost thank the Almighty God for his care upon my life and

for giving me the strength and ability to achieve my goals in life. I would also like to

thank my father, Reuben, for shaping my life and my mother, Irene, for her patience

during my upbringing. It is these two people to whom I owe my achievements. I

would also like to thank my wife, Ruth, for whom without her understanding, patience,

attention and commitment this endeavour would have been a much greater

challenge. To my supervisor, Professor Nabil Ayad, I owe my gratitude for guidance

and sharpening my vision to propel me to greater heights. To my son, Bryan, thank

you for your charm and attitude that nothing is too big.

d

Introduction

Executive Summary

Africa is inhabited by numerous tribes and tribalism is a vice that has gripped many

African nations. This vice is exacerbated by the distinct difference in cultures and

regional origins of the different tribes. Africa has also been plagued by bouts of

violent conflicts which have led to deaths of many, bloodshed, poverty, poor

economic stability and poor development and poor distribution of resources.

Tribe and culture, even though distinct differences between communities cannot in

themselves be causes for the violent conflicts that have gripped the African continent.

The cause lies elsewhere while manifesting hard and fast as tribalism and division in

cultural pluralistic society.

The aim of this study is to show that the cause for state mismanagement, societal

instability, political division, poverty, greed, poor development, poor economies and

poor distribution of resources in a cultural and tribal pluralistic society is as a result of

competition between the different tribes to attain control and unrivalled access to

state machinery in order to empower their own tribes and to lure other tribes in to

supporting their interests by allowing them access to the same resources.

This, the study will show, is the single most venomous attribute that has caused

serious setbacks in African nations for over four decades. This attribute has taken the

form of personalised presidency for full and unrivalled control of resources, political

parties formed for personal gain with little or no attention paid to policies and

governance and elections used to legitimise poor performing regimes either by

coercing the electorate or conducting flawed elections to retain power. All these have

caused emphatic competition amongst elite in order to attain or retain power which

i


reduces leadership and governance into a volatile playing field where people’s lives

are continually sacrificed.

The study will conduct an in depth study into Kenya, a country of over 40 tribes and

over 100 political parties which has experienced numerous bouts of violent conflict

during and the campaign, elections. This has caused an explosive situation that has

brought the country into a catastrophic position of poverty, under development, poor

distribution of resources, lack of integrity from the elect, corruption, collapse of the

public sector and many more.

Africa has great development potential, a lot of wealth, large number of capable

intellectuals, and large reserves of natural minerals. However poor governance and

state management strategies caused by divisions between different communities

have reduced the continent in to a beggar and much needs to be done to unite Africa

as a continent in order to tap into its own resources and empower the African people

irrespective of tribe, ethnicity or culture; an achievement requiring a concerted effort

from all the people and especially leaders of Africa.

ii

Introduction

1 Chapter 1: INTRODUCTION

The second part of the 20 th Century witnessed the emergence and proliferation of

newly independent states. The boundaries of most of these states were delineated

by the former colonial powers in an arbitrary manner whereby tribes and ethnic

groups were placated or distributed amongst different countries. These resulted in

endless border disputes and civil wars which plagued the continent for decades. The

aim of this study is to examine the contribution of tribes in state management with

emphasis on Kenya as a case study.

Post independent African states have been the centre of study by many scholars on

issues of state management, conflict, conflict resolution and governance. The topics

of peace, justice, human rights, democracy, economic and political reforms have

been the centre of many research projects mainly by scholars, individuals, authors,

poets, actors and groups from different walks of life, both in and out of Africa, in the

search for a solution to the complex situation presented by African nations. Both

major and minor parties such as Non Governmental Organisations (NGOs), Civil

Groups, Social Movements, and for the most part entire grieved communities have all

been a part of the melee, caused by state mismanagement, which seems to raise its

head constantly in many of the independent nations in Africa.

Most or all of these parties, in search of solutions, have shown how gross

mismanagement of nation states by leaders in Africa is the centre of contention

giving rise to conflict (Furley 1995, Dwyer and Drakakis 1996, Oxford Analytica 2008,

Murunga and Nasong’o 2007, Assefa and Wachira 1996, 2003). In 1992 Boutros

Boutros Ghali, Secretary General of the United Nations (UN) stated that this was “the

1


deepest cause of conflict: economic despair, social injustice and political oppression”

(Furley 1995. p. 4, An Agenda for Peace 1992: p. 823). It is worth noting that some of

the critics of government, notably blaming the government for their lack of proper

management and good governance, have been victims of torture, exile, persecution,

detention and sometimes even murder. Playwrites such as Ngugi Wa Thiongo of

Kenya, Okot P’Bitek of Uganda and the former Kenya Anti Corruption Agency

Director John Githongo of Kenya have all fled their countries to escape persecution

and death threats as a result of critics or in the case of John Githongo, investigating

top government officials for endemic corruption. Others such as university lecturers,

lawyers, church leaders, political leaders, civil servants, businessmen, university

students and other professionals have been victims of persecution in many nations

for openly criticizing or challenging the regime (Daily Nation 21 August 2009).

Through exile, these educated urban refugees provide their expertise to the receiving

nations from skills and experiences they posses. The consequence to the losing

nation is high levels of brain drain and a negative impact to the nation’s economy.

It is therefore, important and indeed a requirement that the issue of state

management is handled carefully and swiftly in order to fully restore peace in African

nations. However, state management in words cannot be a solution to the problem

that has crippled Africa. It ought to be place in context as a common denominator for

a variety of issues that must be managed in order for lasting peace and the

democratisation process to follow the required path to achieve finality in eradicating

conflict and attain democracy. It is this variety of issues that are to be managed that

this study will revolve around. Some of these issues touch the very heart of

leadership principles and the political party structures adopted by the leaders in

2

Introduction

power and the elite as well as the kind of playing field set for criticism of government,

fair competition, multiparty politics, free speech and participation in politics.

In this discourse, the aim is to examine the role of tribes in state management and

establish whether tribes can play a major and an effective role in the democratization

process. The case study for this research will be the African nation of Kenya in East

Africa. The common denominator as stated earlier will be the achieving of concrete

state management strategies and the variable in this case will focus on the tribes and

their inclusion into the political realm, development and infrastructure, sharing of the

resources, provision of government services such as security, health, employment,

constitutional reforms, human rights and civil rights and their violations with the

ultimate aim of acquiring support from tribal factions not just based on ethnicity,

which is a strong determining factor, but also on the basis of genuine support gained

from a beneficial government to all communities.

In the chapters that follow I will analyse the role of tribes in relation to state

management from different perspectives with greater focus laid on the role of

presidency, the multiparty politics and elections. The paper will be divided into four

different chapters with the last two chapters focusing more on a case study.

In this first chapter, besides the introduction, there will be a section of literature

review in order to better understand the vices that have inflicted the African states.

The literature review of this paper will revolve around issues of ethnicity and ethnic

conflict, conflict resolution, reintegration, multipartism, political violence, state

intervention and conflict management, democracy and democratization, citizenship

and morals i.e. what is morally good and bad and their consequences. These will

3


focus on issues such as ethnic cleansing, causes and consequences, ‘violence’ as

an instrumental or communicative factor of politics taking the form of demonstrations,

whether peaceful or otherwise and multiparty politics and the representation of

minority groups.

The second chapter will focus on the issue of state management and the dynamics

involved in achieving order and peace in a nation. State management, as the writer

will show, is not just as a matter of having a leader. It is not automatic that where

there is a leader there is order as has proved to be the case in many nations that

have ended up in total anarchy as a result of state mismanagement taking the form

of dictatorship or authoritarianism and personalization of the presidency. On the

contrary, it involves surrounding oneself, as a nation leader, with productive people

who are focused and driven by principals and policies rather than patronage to

deliver, as a duty to the nations’ citizens, government services at all times and to all

people irrespective of class, ethnicity, colour, creed, race religion, sexuality or far

from any other form of discrimination. It is, also, the inclusion and representation of

persons from different walks of life into the political debates, state affairs and political

parties.

The above cannot, however, be achieved simply by holding rallies and campaigns.

Formal education is a necessity to participate and be included in political issues.

Illiteracy has very little space if any in the political spectrum. Those that are illiterate

ought to be included by way of translating political policies to a tribe that can be

understood and this should be done by the Electoral Management Body (EMB) and

by the politicians themselves through radios, billboards, pamphlets and other forms

of mass media communication while avoiding negative utterances against other

4

Introduction

ethnic groups. To include and exclude tribal factions from areas such as politics,

resource distributions, development and provision of services results in

marginalization of certain groups that will always be on the defensive with attack as

their best form of defence from those they perceive as the cause of their oppression.

To resolve this there must be equal representation of and distribution for all tribes of

the state in state affairs. It is also important, as the writer will show, to accept that

tribes exist and they are unique in their own different ways and these different tribes

must be included in some way in order to feel they are represented and share in

national and political debates. Distribution by patronage should be discouraged to

eliminate unhealthy competition, division and self interest. Politics can be simplified

by communication whereby the communication can take different forms with regards

to levels of understanding ranging from intellectuals, educated, partially educated

and illiterate.

Politics in Africa must be simplified in this way because over the last three decades,

education accessibility has been minimal to some marginalised people. For instance

Kenya has presented a very serious record of marginalising certain tribes that did not

vote or prefer the Kenya African National Union (KANU) regime. As part of this

marginalisation, education among other resources was inaccessible. Development of

infrastructure and industrialization was for those that approved, in favour of or voted

for President Moi. This as the writer will show, has created a perfect opportunity for

lack of innovation, the growth of street children, slums, the spread of aids, poverty

and the sheer lack of understanding of political jargon.

Once politics has been simplified there can then be an opening to facilitate the

resolution of conflict and reintegration of marginalised people back into the societal

5


beneficial gains such as education, employment, manufacturing and overall socio-

economic development through recruitment and training into a variety of sectors such

as defence, security, agriculture and industries using tools such as workshops,

apprenticeships etc. With these gains the state can then begin to enjoy some level of

free and fair elections as opposed to having illegitimate regimes. In addition all

persons will be eligible to tap into the country’s resources and political parties will

have a higher level of political institutionalisation defined by well developed policies,

democratic practices and party affiliations based on ideology and group interests as

opposed to affiliation based on personal gains.

In the third chapter, the writer will conduct an analysis on the situation of Kenya with

particular focus aimed at tribes as the main formation of the citizens of the nation.

This chapter will begin by covering a historical background of the country. This will

include the colonial period and the emergency period of 1952 – 1959 when Governor

Baring and his government were in pursuit of the Mau Mau uprising (Elkins, 2005

passim). Here the writer will show how unconventional methods were devised and

implemented in an attempt to flush out the Mau Mau freedom fighters while covering

up all the acts of torture and detention without trial thus acquiring the name “serikali

(in Swahili, siri means secret and kali means cruel)” (Assefa and Wachira 1996 p.

24), portraying that the government as both secretive and cruel with the society

distancing themselves from it. The writer will then focus on multiparty politics and its

resumption after Kenya’s de facto one party state and later de jure after the

amendment of the constitution at section 2A in 1982 by KANU during president Moi’s

rule (Murunga and Nasong’o 2007 passim, Furley 1995 passim).

6

Introduction

In addition, an analysis of multiparty politics will form the investigation of

representation of tribes in the political agendas and their inclusion in formulation of

government or party policies. Here the writer will argue that political parties need to

unite as one and comprise of all tribes both large and small included from all parts of

the country in order to alleviate alienation of minority groups from the political scene.

A point to note here is the nomination of political aspirants and how representation of

tribes must go hand in hand with democratic nomination of the popular individuals

otherwise this again may not achieve its aim of uniting but rather dividing and

distancing people from the government by denying them their popular choice.

Two very notable moments when unity prevailed in bringing change to the Kenyan

political scenes was in the late 80s early 90s when Forum for the Restoration of

Democracy (FORD) managed to get a repeal of the constitutions section 2A and

when National Rainbow Coalition (NaRC) won the elections against KANU in 2002.

These are two evident cases where unity and representation of different ethnic

groups in the political agendas and inclusion of those communities in matters that

concern them and their livelihoods can have profound effects in state management.

Incidentally, the united leaders, parties and groups that form this cohesive leadership

must follow on and keep their promises and meet their expectations. The ideals of

justice, liberty, democracy and economic prosperity that inspire the people to vote

leaders into power must be achieved or be seen to be in the process otherwise fair

elections are rapidly succeeded by violent bitter rivalry between various tribal factions

reflected from political leaders and members bickering and then splintering into

smaller negligible parties.

7


Chapter four and the final chapter of the study will conclude by giving a summary and

outcome of the analysis done. It will also highlight suggestions of achieving tribal

inclusion in the political agendas of the nation. Above all, the study will conclude by

looking at certain dynamics that affect the democratisation process with regards to

tribes. This will focus on areas such as class and elite. It will bring in a new

dimension to this study that may be room for further study and that is different

classes within similar tribes. Is conflict as a result of tribal differences or class

differences and the struggle for state power by different generations?

8

Introduction

1.1 LITERATURE REVIEW AND CONCEPTUAL FRAMEWORK

The literature review for this discourse will revolve around issues of ethnicity and

ethnic conflict, conflict resolution, political violence, reintegration, state intervention

and conflict management, multipartyism, democracy and democratization, citizenship

and morals.

The above issues are inter-related in numerous ways. There has been extensive

studies and research by many scholars on the subject of conflict, its resolution and

reintegration of victims; state violence as a product of politics and the states

intervention and management of the violence, the effects these have had on

democracy and the democratisation process in nation states that suffer from internal

conflict. To discuss this issues without analysing the effects on the democratisation

process is somewhat penitent as democracy or the need for a government for the

people is the reason why people with differences clash in the search for fairness,

justice and accessibility to resources and power. Having an uneven playground that

different parties are unwilling to accept causes friction as self interest takes charge.

Ethnicity, over the last four decades, has been and remains the most volatile subject

in African states. Many of the elite groups, formation of classes, organisations,

institutions and political parties have been formed with some sort of ethnicity as the

underlying factor and this has caused rifts between different ethnicities. These rifts

have been the cause of most African conflicts which have mainly been civil conflicts

in the struggle for power. For ethnicity to exist there must be distinctions between

different groups whereas individual ethnic groups

9


must share common characteristics such as origins, interests or cultures that are

significantly distinct from others (Murunga and Nasong’o 2007, Dwyer and Drakakis

1996, Furley 1995, Cashmore 1996, Yinger 1994). The distinctions may be on

language, religion, belief or political institutions that are nurtured and “become part of

the ethnic baggage and the children are reared to accept these” (Cashmore 1996 p.

121)

Ethnic conflict, however, even though based on the grievances against another

ethnic group is not necessarily based on the above distinctions identified. The

distinctions define the differences between the ethnicities but in themselves are not

causes of conflict. Conflict between ethnicities is as a result of classes, poverty,

oppression, violations of human rights, exclusion from state resources, political

power and representation, social injustice, unfairness in distribution of development

of infrastructure and many others. As Furley identifies that wholesome conflict

causes are as a result of “power struggles, hostile groups, overpopulation, economic

disparities. oppression and demands for democracy” (Furley, 1995 passim). It has

been suggested that assimilation of different societies can help eradicate the onset of

ethnic based conflict (Yinger 1994 p. 39). Yinger defines assimilation as the “process

of boundary reduction that can occur when members of two or more societies, ethnic

groups or smaller social groups meet and activities such as intermarriage, farming,

entrepreneurship, social relations and interracial goals are achieved”. However the

opposite is true, dissimilation, the reversal of assimilation, can also occur when the

different groups encounter disagreements amongst each other. These

disagreements can stem from political affiliation, religious beliefs, accessibility to

resources and so forth.

10

Literature Review

The disagreements create a setting for a competition where there was none and this

competition gives rise to hostility and animosity as different groups begin to scramble

for a share of what their opponents have access to. In the ensuing competition, the

distinctiveness of one group, such as a tribe or region demarcated by boundaries, is

manipulated in favour of one group or leader and the group is made to believe that

their opponent, a tribal or religious group, “is against the progress and development

of the whole nation or a threat to its security. Instead of creating national unity, such

radical and fundamentalist ideologies divide people who have been living together for

ages” (Assefa and Wachira 1996 p. ix).

The hostility and animosity then begets violence and for the purpose of this study the

analysis shall be on political violence. “Political violence such as riots,

demonstrations, ethnic cleansing, assassination, murders and damage to property

has been heavily blamed on political parties in multi-ethnic societies” (Oxford

Analytica 2008) where competition is high. Political parties, however, are not totally to

blame but they have a part to play. After all, it is political violence which means it has

a political connotation. Nevertheless, the failure of political parties to take steps in

building support from all ethnic groups has led to party fragmentations into smaller

and sometimes negligible parties or parties that focus on partisan appeals from their

own tribal enclaves. This was a real problem in Kenya in 2007 prior to the post

election violence. Furthermore, many political party members and leaders made use

of explicit utterances calling for ethnic patriotism causing local tensions that

capitulated into full blown conflicts. It, therefore, follows that political violence as

defined by Honderich is “a considerable or destroying use of force against persons or

things, a use of force prohibited by law, directed to a change in the policies,

personnel or system of government, and hence also directed to changes in the

11


existence of individuals in the society and perhaps other societies” (Honderich 1979

p. 9). “Aspects such as riots, destruction by fire and bombs, injuring, maiming and

killing of innocent citizens and security forces are covered in the above definition”

(Honderich 1979 passim). Nardin further posits that there needs to be a ”consensus”

“including an agreement about who has the right to govern” (Nardin 1971 p.10). In

addition “violence is often identified with the actions of those who appear to reject this

consensus” (ibid).

State intervention and conflict management is the duty of the elected government. It

is the duty of the elected ruling party that is or is not legitimately accepted by the

people to (whether the election is fair or not at this point is irrelevant and negligible

over state stability and the return to peace and security to the people) take the

necessary steps to ensure that state stability is restored. In a nutshell the duty of the

state is to ensure that there is security to all, safe guard and protect human life and

property, freedom of movement, free political expression, justice and fairness and

provision of government services such as health care, food availability, sanitation,

housing and rehabilitation. African states, in this context, have presented an array of

situations in state intervention and conflict management. There were enormous

changes in politics over the three decades prior to the 1990s all in the direction

towards increased involvement in conflict management once in power. Sisk observed

that “Africa has seen scores of new governments come to power seeking to

inaugurate a new era that displaces the paradigmatic one-party or military-led

“patrimonial” states that held sway over the continent for thirty years (Reynolds and

Sisk 199 p. 1). Many of these new governments were formed through political

reforms, peace agreements or multiparty elections.

12

Literature Review

It is evident in Africa, through the eruption of numerous conflicts, how much sacrifices

have been made by the people of various nations in search of democracy and good

state management. In recent times it has been harder for the incumbent leaders to

carry on with unsupervised state management processes as people have been

exposed to more education and accessibility to rural areas is now quicker hence

information travels much faster. As a result of poor governance and people being

more informed, conflict has taken root in the struggle for democracy as the way to

voice any dissatisfaction for the government as many of the newly formed

governments have their leaders clinging onto power for many years, sometimes

unfairly, while delivering very poor results which are well below expectation as they

had promised. For this reason many African countries have been recipients of bloody

civil wars and internal conflicts that are exacerbated by poor management and poor

intervention of high risk situations. Some scholars have researched on the role of

elections on the democratization process and how this impacts on conflict

management. They have found that free and fair elections play a key role in the

democratization process which in turn impacts on conflict management positively

(Reynolds and Sisk 1999 passim). On the one hand however this may be the case

but on the other hand elections may be manipulated and corrupted by lack of proper

reforms and policing of the process. Elections can only be said to contribute to

democracies if the elector is uncoerced during the vote, votes secretly, is not

intimidated and is allowed to register without undue obstructions. As Honderich

observed concerning uncoerced choice “the politics of the electors are not forced

upon them. That is to say, roughly, that their attitudes, wants, demands and choices,

both interested and in a way disinterested, are of their own making (Honderich 1976

p. 92)”

13


1.2 RESEARCH METHODOLOGY

In order to answer the variables identified in chapter one of this dissertation a

systematic approach was required so as to get the best outcome. This approach

relied heavily on secondary material in order to theorise the concept of state

management and build on the make up of the case study. For this reason a

qualitative analysis was adopted with literature analysis and a small sample

questionnaire as opposed to interviews.

1.2.1 Sample Selection

The sample groups chosen to participate in the questionnaire initially consisted of

two groups. The first group consisted of the Kenya High Commission staff in London

and they were preferred because of their close proximity to state affairs and

governance. The second group consisted of participants who were Kenyans either in

the diaspora or in Kenya. The sampling method adopted was convenience sampling

where the researcher identified two groups that were easily accessible and could

allow somewhat inexpensive follow up. The sample size was small because the

methodology of qualitative analysis would collect a lot of data and a large sample

size would be unmanageable with the time available. These groups were to “provide

a range of people that will allow the exploration of different and comparative

experiences relevant to the question” (Davies 2007 p. 146)

1.2.2 Instrument and Process of Data Collection

The instrument for primary data collection was a questionnaire with “a combination of

both closed and open ended questions” (Dawson 2006 p. 32) which aimed at

deriving a personal view from individuals in conjunction with their situational

experiences on the effects of state management in Kenya, both positive and

14

Research Methodology

negative, based on their different levels of interests in a particular subject matter

which in this case study revolved around the current governance situation in Kenya

and the challenges that lie ahead. The outcome of the questionnaire was to shed

some light on the question of tribes and conflict, resource distribution and

development, effects of conflict to the people and any steps taken to reduce or

eradicate such incidences, the roles of Members of Parliament and their

achievements to the society, to put to question the governments efforts concerning

the prosecution of human rights perpetrators and an overview of the challenges that

lie ahead. These would all go a long way analysing the variables that gravitate to

state management and good governance.

The process involved began with determining the question at the onset of the

dissertation. This question addressed tribes and their inclusion onto politics, equal

sharing of development, infrastructure and resources, provision of government

services like security, health, employment, constitutional reforms, safeguarding

human rights and civil rights and clamping down on their violations with the ultimate

aim of acquiring genuine support from tribal factions as opposed to ethnic support.

The researchers’ assumption was that these were the variables that greatly affect the

delivery of good state management and during the secondary research, which was

formed from document analysis and constituted the theoretical framework, the

research emphasis was laid on presidency, election and political party structures as

the main areas that consequently affect the variables mentioned resulting to state

management. The questionnaire therefore was drafted to support or refute the

assumptions made by the researcher.

15


To avoid bias on the researchers’ part, the draft was sent out to a few people who

were not part of the participating sample to provide an independent overview. The

researcher explained to them the aim of the questionnaire and they contributed by

way of confirming that the questionnaire would deliver as the questions were easily

understood.

1.2.3 Rationale for Primary Research Technique

Qualitative analysis employs the methods of “observation, interviewing, and

document analysis” (Davies. 2007 p. 185) as some of the main elements during case

studies. However a questionnaire as the primary methodology was adopted for a

number of reasons. Firstly it presented an easier preparation phase because it would

be “driven by the researcher’s agenda.” (Davies 2007 p. 82). During the research it

became apparent that interviews would be difficult to conduct due to constraints such

as time, money and also securing top political officials at times that were convenient

for both of us. Because of the researchers’ tight schedule between work, family and

studying it quickly dawned that a different approach had to be devised. With that in

mind questionnaires with structured and semi structured questions were sent out

instead. This enabled the participant to answer questions and to also add their own

views and reasons for their answers. Secondly it reduced the risk of time consuming

activities such as re-writing verbal conversations into manuscripts; a task that is

necessary with interviews. Thirdly, the questionnaire would be filled in at the

participant’s free time within a specified time frame and not at an exact time thereby

giving them time to think about their answers.

16

Research Methodology

1.2.4 Rationale for Secondary Research Technique

As stated earlier, document analysis and literature review was heavily relied upon to

build up the theoretical framework and to identify what other scholars have said

concerning certain aspects that affect state management and good governance. In

the case of Kenya, secondary material was extremely important to understand the

past challenges and the history of the country in as far as tribe and state

management are concerned. It was worth drawing up an overview of how

governance and tribe have played a tremendous part in shaping Kenya and the

challenges it experiences today and possible in the future. This overview was made

possible by literature written by scholars in the past and it provided a very strong

foundation for the build up of the dissertation.

1.2.5 Limitations

The main limitations experienced were firstly, the lack of commitment during

responses and low number of responses than expected. Some participants would

choose to leave out certain questions which reduced the number of responses.

The sample groups chosen also created an unforeseen problem. The questionnaires

sent to the Kenya High Commission in London failed to bear returns. Not a single

questionnaire came back from that department therefore this led to a further division

of the other questionnaires into 2 groups of people with high interests and low

interest in political affairs. Thus many of the responses had mainly negative

connotations apart from one respondent, a former Member of Parliament aspirant in

the 2007 general election who lost during nominations due to reasons he cited as

party undemocratic nomination procedures, whose responses bordered a slightly

different overview and as a researcher there was the feeling that there must be some

17


positive portion going on in house within the current government. Such a positive

connotation would ideally have come from those within such as the High Commission

staff and their failure to respond has had an adverse effect on a comparative

analysis.

Finances to support the research project were another very big problem. The case

study was Kenya and a visit to the country to do this research would have proved

very substantial especially with the observation technique and to also get research

material that has been produced by other scholars which may not be available

elsewhere. However the cost implications on the researcher would have been heavy

especially flying, accommodation, food, transport etc. In addition, after a lot of

consideration it became apparent that getting a chance to interview some political

leaders would be a great challenge and this could prove to be an expensive loss on

the researchers’ part. This had a great impact on the final project because it lacked

first hand contribution from those that were involved in state management.

1.2.6 Conclusion

Given time, the research would have included more secondary research material

such as books, journals, magazines etc. However, with the limited time available for

research and the help accorded by my supervisor Professor Nabil Ayad this research

has taken me on a tremendous and unforgettable journey that will have a lasting

impact on my life.

18

State Management: The Role of Inclusion

2 CHAPTER 2: STATE MANAGEMENT: THE ROLE OF INCLUSION

Proper management is the lifeline for the survival of any organisation, institution,

personal achievements or even collective purposes. Without management there is

bound to be doom at the end of the tunnel. Dr Covey in his book title The 7 Habits of

Highly Effective People talks about leadership and management at length as one of

the most effective ways of success in any endeavour that one sets out to achieve.

State management, therefore, is paramount in order to guarantee the survival of the

state and the continued existence of its inhabitants. This existence of inhabitants or

human life ought to live within reach of basic human needs that we can deduce may

only be achieved by good planning and distribution of resources to enable self

empowerment of the individual in a bid to eradicate societal beggars and endemic

poverty.

Africa has been plagued by numerous outbreaks of violence that various scholars

have deduced to be caused by religious, race and ethnic differences and hatred.

However, Mafeje counters this thesis by identifying a setback and posits that, “there

is growing consensus among African scholars to the effect that ethnic loyalties in

particular and parochial identities generally are not the root causes of political

instability in modern African states but something else” (Dakar, Senegal, 26th June –

2nd July, 1995 p. 3.) (Okoth and Ogot et al, 2000 p. 46). Nasong’o Wanjala further

expounds this thesis in a discourse by addressing that, this “something else” is

“competition for resources in situations characterised by lack of effective political

institutions.” (Okoth and Ogot et al, 2000 p. 46). My aim in this discourse is to support

a further thesis building from this contention to show that the failure of class and elite

in decision making for the good of the nation by exclusion of different groups of

19


society from state affairs and political agendas and debates is part of the hidden

reason behind the ever growing conflict that has plagued Africa over the last three

decades.

Arguably, whatever the cause of this conflict that has become the centre of study

among many scholars world over, it is noticeable that the situation has created an

overwhelmingly catastrophic and underdeveloped economy that has left many

African people wallowing in endemic poverty while the perpetrators have continually

benefited from the same situation. This creation of an elite class and a poverty

stricken class has more than likely been the single cause of deep seated animosity

amongst societies and has caused the elite to mobilize the poor for their own selfish

reasons; that is to continue getting richer and acquiring more resources while the

poor fighting majority are left to their own devises as soon as the elite have achieved

their goals.

Empirical concepts that will be employed to better argue out the earlier mentioned

thesis in the course of this discourse include the role of presidency in African states

where I shall carry out an analysis of the ultimate position of presidency in the

political systems of Africa. Secondly, the role of elections, free and fair, free from

violence and acceptance of election results by the losing party for the sake of the

nations political stability and lastly, the role of political parties and how they are

formed, governed and the recruitment into posts and party nominations during

elections. All this will have particular emphasis on tribe and their representation in

political and state affairs as their exclusion is a void that is significantly exploited to

cause violence. These are some of the volatile areas that, I will endeavour to argue,

are the causes of conflict and state mismanagement more so political rather than

20


ethnic. The position of presidency will be used, as the first argument, to test the

reality of this thesis.

2.1 Presidency and State Management

The Presidential position in many African states is a highly coveted position by the

elite. This has caused the position to be a cause of conflict rather than a position for

use in good state management policies. This position has come to be above the law

and the incumbent President ultimately enjoys unprecedented and unquestionable

benefits and power. The African president has been seen to assume control of all

nation resources, their distribution, development, benefits etc, retain the presidential

position for decades, command respect as party leader and nation leader without

question, conduct election just as a way of legitimizing the continued hold of office

and frustrate any genuine upcoming political aspirants, who challenge the

presidential position or attempt to reduce its powers through constitutional

amendments, by criminalising their activities. This has led to unfair governance, with

distribution of resources shared only amongst those that are in favour of the

president and his party thereby making them inaccessible to others and increasing

their competition. Various examples on point are such as Kenya’s President Moi,

Somalia’s President Siad Barre, Zaire’s President Mobutu, Tanzania’s President

Nyerere etc. (Okoth and Ogot et. al. 2000 passim). Consequently, other elite that

have been excluded from the distribution of this ‘national cake’ have vented their

dissatisfaction of the ruling regimes by engaging in violence through mobilization of

the excluded ethnic groups and the poor in general.

State management is a political objective that is engendered in the political parties

manifesto on how the chosen individuals will lead the country into realisation of

21


sustainable peace, economic stability and development and the overall political

stability. The electorate, in free and fair elections, choose their desired

representatives so that their livelihoods can be improved by the decisions that the

elect make (Hoffman and Graham 2006 p. 112). Therefore, state management ought

to be understood from the institutions that have the mandate to effect it. These

institutions shall be discussed further in this chapter under the discussion of political

parties. However, for the moment, the presidency has been singled out to elaborate

how control is centralised to a single person who then determines how everything

else will be distributed and how this individuals’ interest, as a part, is greater than the

whole i.e. political institutionalisation.

In a bid to command complete control of state affairs, the heads of state in Africa

have positioned themselves in positions that are hardly unshakeable by acquiring

enormous amounts of state wealth, immunity from prosecution while in power which

increases the need to retain presidency, control of resources and their distribution to

maintain patronage from all party members, party sympathisers and recruit more

sympathisers. Because of this, the position of presidency has become the single

most coveted position in politics of Africa. It is the ultimate goal of many from the elite

class and if that is not the case, it has become the position that many want to have a

close relation with or an affiliation to in order to be on the receiving end of the

resources as they are distributed. This position has therefore created a situation

where people will do almost anything to retain whatever meagre relationship they can

with the presidency or the elite who are in close proximity with the presidency so as

to continue benefiting from the ‘breadcrumbs’ for as long as they are in support of the

regime.

22


Consequently, while the presidency is in control of resources, the distribution is not

equal and this causes friction especially amongst the elite class that is excluded from

the distribution list. The elite class that is excluded may be in such a position for a

number of reasons such as those in the opposition, those from minority groups, those

not from the same ethnic group as the president, those who fall out with the

president, defect from his party or as Mutahi Ngunyi describes it they have been

““disengaged” as another set of elite is “incorporated” in to [his] regime” (Oloka-

Onyango, Kibwana, Peter et al, 1996 p. 265). These result in the mobilization of the

under privileged and the politically deprived groups of society, manifesting itself in

ethnic hatred where the elite have fallen out with a particular tribe. For instance, this

party X – Y and tribe A – B analysis, if a presidential aspirant from tribe A is excluded

from party leadership in party X, where party X is a potentially winning party, and a

party presidential aspirant from tribe B is preferred for the position of presidency then

the aspirant from tribe A will defect from the party X and join another party Y where

he has potential to gain support for presidency. He will then create an antagonistic

relationship between tribe A and B because he will be blaming tribe B for controlling

access to presidency and ultimately the control of state resources thus portraying

that tribe B is the cause of all oppression suffered by tribe A and any other tribe.

From this analysis we can deduce that presidency is one of the root causes of

conflict in African states. In the next part of this chapter I shall introduce the political

parties and how their weakness are a cause of tribe conflict and consequently, state

mismanagement should they end up as the incumbent regime.

2.2 Tribe and Representation in Political Parties

The weaknesses of political parties are a factor causing conflict in Africa. Poor or

lack of party institutionalisation, party funding, internal party structures and

23


relationship to the state have been identified as some of the key factors that hinder

the healthy competition of multi party politics in Africa (Oxford Analytica 2008). These

parties, if voted into power, carry the same vices into office thereby undermining any

real opportunity of good state management. In this part of the chapter, the emphasis

shall be on the failures of political parties to participate in inclusive politics whereby

majority and minority tribes form part of the party members. Some causes of these

failures are such as, firstly, party membership based on patronage, on positions of

power, on personal wealth and on what clout one has amongst his tribesmen hence

pulling more voter numbers. Secondly, unfair party nominations into positions of

power and automatic presidential nomination for the party leader. Thirdly, lack of

party guidelines that govern the political party models, how they are funded and how

they recruit members. Lastly, inter party struggles for articulation of personal interests

of certain individuals over the party interests thus causing fall outs and defections

into other parties; a weakness showing that not only are party members selfish but

are also not in it based on ideology and policies but their affiliation is to fulfil their own

selfish interests.

Every individual as a citizen of the nation ought to have equal right to vote and to be

voted. The right to vote shall be covered in the next part of this chapter. The right to

be voted means that when participating in political debates the individual has equal

opportunity as any other political participant to engage in campaigns that will place

him or her as the people’s choice. This should be possible irrespective of colour,

race, ethnicity, region, religion or any other distinct difference that one may have. It is

in this concept that political parties ought to retain and recruit members. As

mentioned earlier, state management ought to be understood from the organisations

that are tasked with the duty of making the decisions that affect the lives of the

24


electorate (See presidency) and these organisations are the political parties that are

vying for power and control of government or the incumbent regimes. The members

of these organisations are individuals who are exercising their rights to be voted as

well as to vote. The members should join political parties because they are, first and

foremost, in support of that parties manifesto and policies and not simply because of

tribal affiliation, patronage or for better prospects of attaining a position in office.

Political parties, as it follows from the above membership reasons, should build their

organisation on strong ideologies and policies that are for the good of the nation and

not for personal, regional or ethnic group gains. They should accept membership and

recruit on the basis that those members will continue to support the collective cause

of the party and not pursue personal interests that will cause friction amongst the

members. The members should also respect the party policies and live by them as

opposed to joining a party and throwing their ‘weight around’ to command respect

based on their wealth or clout.

On the contrary, political parties in Africa have poor policies and guidelines (Analytica

2008) and are formed on very personal grounds in order to express individual or

ethnic grievances. The parties are self funded thereby making their single survival

lifeline dependent on private funding from individuals who end up sharing resources

amongst themselves once they are voted in to office. The result of such dependency

causes some party members who are offering the largest amounts of money to be

idolized by other members and this impedes any remote chance of intra-party

democratic process to prevail. These also cause fragmentation that results in

formation of smaller parties where members have felt that their interests are not

being met or where party policies are engrossed around certain individuals rather

25


than collective interests. The outcome is the existence of numerous political parties

that are so limited in resources that they are sometimes negligible or otherwise

known as “the briefcase party”.

Party nominations and positions of power ought also to be accorded as a matter of

merit, experience and professional background. Candidates should be picked for

various positions and party members given the chance to vote for the popular and

most suitable member to fill a position. This allows for the equal opportunity for each

individual to acquire a position in office based on popular vote and suitability for

office. However, nominations of candidates for African political elections have seen

unfair distribution of office with positions offered on a patronage basis examples

abound such as former President Moi of Kenya, President Museveni of Uganda,

(Oloka-Onyango, Kibwana, Peter et al, 1996 passim) and more recently President

Mugabe of Zimbabwe whose government conducted a “crackdown on the opposition”

figures and supporters in a bid to retain presidency and positions for his cronies

(International Crisis Group 2008 p. 15) as cases in point. This leads on to the next

failure of political parties in African countries which is the lack of proper guidelines

that govern and institutionalise political party processes and activities.

Political parties in Africa have presented a very poor record on their formations,

governance, leadership, policies and funding. However, placing all the blame on

political parties is a serious oversimplification as constitution reforms ought to be

completed in order to better accommodate multi party politics from previous single

party states. Nevertheless, there has been a failure on the part of the political parties

to define crucial and reliable ideologies and policies that will form the core base and

survival of such parties. Political parties in Africa, unlike well established parties such

26


as the Labour and Conservative parities in the UK or the Democrat and Republican

parties in the US, have no concrete structures, rules, guidelines and polices that

ought to be adhered to and that are the driving force of such parties. This is

particularly so considering that most parties are formed as a result of disengaged

elite who were once incorporated but have now lost their place in current regimes.

Because of this, the parties lack coherent and congruent political policies that will

bind them together irrespective of who constitute as their members.

This lack of political institutionalisation creates an opportunity for personalizing the

party and for the most part, even civil society groups which provide a perfect

opportunity for recruiting other disengaged but wealthy personas. Oxford Analytica

identifies three problems with political parties that hinder democratisation as “The

‘Big Man’ rule, Conflict and Corruption” (Oxford Analytica 2008 p. 3). These then,

subsequently, impact on state management and delivery of service. I can deduce

from the above that the lack of political institutionalisation is the main cause of

authoritarianism hence the ‘Big Man’ rule, ethnic mobilization for the purpose of

voicing grievances causing conflict and lastly recovering of used funds to sustain the

party and any campaigns causing corruption.

Most party funding comes from within and from few members, especially those that

have acquired wealth from previous regimes and have been disengaged thereby

having no particular obligation to deliver services once in office. This creates an

environment for corruption to recover spent funds. Party affiliation is therefore not

based on ideologies but on what one can gain from being in any particular party at

any particular time hence the reason for defecting to other parties when need and

opportunity arises.

27


From the above political party analysis it is becoming apparent that the initial thesis

of this discourse on whether conflict and state mismanagement is as a result of tribal

hatred is inconsistent and that it actually lies in other factors that are continually

manifested on ethnic cleavages. In the next chapter an analysis of the electorate and

the role of elections and how it affects state management or the lack of it will be

conducted.

2.3 Elections and State Management

Universal and regional standards define and control the process of elections and

these originate from international set standards that are adhered to by all nations.

According to the Kriegler Report these “international instruments describe the various

components of civil and political rights and freedom”. The report also adds that these

are “the key principles universally accepted by the family of nations which believe in

democracy as the basis for good governance in each state.” (Kriegler Report 2008 p.

11). There is need, therefore, to clarify at this point that, election is a universally

agreed procedure that can be used to legitimize any incumbent ruling regime by the

use of voters’ power or people power. It therefore follows that the electorate take

active control in exercising their power to elect hence the elect should then be

indebted to the electorate that voted them in to office. This is true for all positions in

government that have previously been discussed, that is, the President and the

Members of Parliament, who are members of political parties and who will represent

the electorate in state affairs and make, on behalf of the electorate, decisions that

amount to good governance.

28


The above seems all very straightforward and while the electorate are voting, their

hopes are high that they will receive all the promises that have been set out by the

politicians they have chosen. Sometimes, however, this is not the case as African

nations have repeatedly proved. Nevertheless, if election is carried out carefully and

managed properly and those voted perform their duties properly while in office, it can

provide the greatest result in the inclusion of different communities and people into

political affairs because the populace will feel that they have a part to play in

choosing those whom they want to make the decisions for them.

Barkan discusses about democratization in agrarian societies and identifies the

“simultaneous existence of two different relationships” that enable the existence of

representation in an election systems as firstly “representation of citizens by their

chosen leaders, a relationship characterized by dialogue and accountability” and

secondly “tolerance, bargaining and compromise among rival political groups” (Sisk

and Reynolds et al, 1999 p. 59). These two form a symbiotic relationship that works

towards obtaining elect elite that both serve the citizens and represent their interests

in office while also building a relationship with other elites. This ensures that the

incumbent regime does not carry on unsupervised as they will be accountable to both

the people and to opposition groups. Representation of the citizens creates a level of

trust for the elect elite while compromise, bargaining and tolerance creates a deeper

relationship between opposition groups with the hope of achieving good governance.

The geographical difference, limited to tribe for the purpose of this study, and the

economic status of the geographical regions has great impact on the sway of voters

and whom they vote in especially with regards to rural and urban areas. Poverty in

these regions, where peasants depend on small scale farming for survival and work

29


towards realisation of the basic human needs such as shelter, clothing, food and

health, results in the inhabitants of those regions voting for the person, mostly the

same person, who provides services that enhance the realisation of such needs. As

Barkan further identifies, these peasants “approach to elections is to focus on the

basic needs of their local community and surrounding region – whether they have

adequate water, schools, and health care facilities, whether there is a farm-to-market

road, [and] whether the producer price for the agricultural commodity grown in their

area yields a fair return to local farmers.” (Sisk and Reynolds et al, 1999 p. 58).

Provision of all this determines who gets in to office hence a situation whereby the

elect may not necessarily feel indebted to provide any much more than what has

already been provided before. The true result here ends up being a vote for someone

from the same region as the voters making this a symbolic representation rather than

a national vote.

To sum up, three areas have been highlighted that are of importance in achieving

good state management especially where cultural pluralism exists. The roles of

presidency, political parties and elections according to the analysis in this chapter

provide key platforms in the realisation of a participatory society in political issues

and state affairs. This chapter mainly identified the vices that are currently contained

in the three areas discussed. These vices ought to be corrected in order for Africa to

begin enjoying good state management and political stability. The presidential

powers ought to be trimmed down and the president made unanswerable which is

currently not the case. Political parties ought to have proper guidelines, policies and

procedures and internal democratic practices so that they may be reflected once in

office. Elections ought to be properly policed, understood by voters and political

aspirants to readily accept the election results in order to reduce tensions.

30


The next chapter will address the case of Kenya and how these three areas have

been causes for conflict between tribes and as a result have impacted on the

management of state affairs.

31


3 Chapter 3: DYNAMICS OF TRIBE AND STATE MANAGEMENT: THE CASE OF KENYA

Tribe and political conflict is not a new thing in Kenya. For many decades now tribal

factions have been involved in fighting struggles to get a place in leadership or

participatory advantage in political affairs. This is true from the colonial times up to

the recent post election conflict of December 2007. This type of ethnic division for

political power, as a result, heavily impacts on state management as its effects are

much more far reaching. Certain aspects of state management that decline as a

result of conflicting groups include economic decline, family and society fractures and

displacement of communities, death by murder or epidemics, food insecurity caused

by reduced production, crippled or deteriorating infrastructure and regional and

international security and relationships ( DFID 2001 passim)

Kenya is a country inhabited by various indigenous tribes. These make it a country

with a diverse wealth of cultures that many of the tribes are still holding on to. Some

of the tribes practice cultures that are even tourist attractions like the Maasai and the

Samburu people. The tribes migrated into the country many years ago and while in

the country they moved from place to place due to various reasons such as to move

away from raiders and attacks, diseases, in search of food and exploration of new

territories (Wanguhu, 2001 passim). This chapter shall discuss briefly the history of

Kenya and state management before independence with the main emphasis on

colonialism. Secondly an analysis, in detail, of the current situation in Kenya with

regards to tribe and state management taking into consideration the discussion and

analysis in the previous chapter.

32

Dynamics of Tribe and State Management in Kenya

3.1 Historical Overview

In order to asses the issue underlying the problem of poverty, unemployment,

inequality and a range of other issues in Kenya as factors arising from state

mismanagement it is necessary to examine the background upon which division of

tribes rest in the framework of colonialism, neo-colonialism and capitalism while

showing any patterns of tribes in political domination and class exploitation.

Consequently, a divide and rule approach makes possible exactly this kind of

analysis.

Production forces and production relations or in other words the ways and means of

gaining and sustaining products and the relationship of who owns the products and

controls the resources results in different classes. Classes formed are of the

dominant and proletariat class which creates a division of social classes, class

structures and class struggles. This is unhealthy classification with regards to state

affairs and the democratization process. The health check is affected by the class

struggles where the oppressed class struggles against the dominant class. The class

struggles are indeed political struggles with the oppressed class attempting to take

control or get a share in the control class. Even in a multiparty state if neo colonialism

and production relations are incorporated into the nation and its management then

democracy may not be easily achieved because of the issue of self interest and

external control.

Divide and rule can take the form of division of classes between the dominant elite in

power and the proletariat. The governing acting upon rather than consulting the

governed. This situation is further compounded by cultural pluralism whereby not

only are there dominant classes but also dominant classes from certain factions. This

33


further divides the proletariat into regional, cultural or tribal divisions that are

mobilised for the purpose of participatory advantage of elites from smaller groups.

The situation created is complex for instance Kenya, as it involves an oppressed

majority further divided into oppressed tribal minority groups that resent the dominant

tribe.

From the time of colonial rule, Kenya has had, as a capitalist state, the two classes

mentioned. A dominant class and a working class. The representation of this classes

consisted of different groups depending on the period the classes were formed.

Firstly the dominant class consisted of the white settlers while the proletariat was the

indigenous Africans. Secondly, the dominant class was formed by elite Africans that

collaborated with the white settlers during the colonial period and were later handed

power during independence. The dominant group during the colonial period formed

mainly by the white settlers created an environment whereby their interests were

safeguarded while the interests of the African indigenous people came very near to

last. Land was misappropriated and the inhabitants found themselves moved to the

periphery of fertile land. The settlers, with now all the land at their control, needed

labourers to work in the farms so they introduced land taxes in order to lure back the

Africans to work and raise funds to pay the taxes.

The level of racism, abuse, and pressure on the indigenous people coupled with

inaccessibility to equal or some level of land, exclusive control of all aspects of life

from social, political and economic plus the sheer lack of understanding for the

African indigenous “became one of the major causes of Kikuyu discontent and an

important factor behind the Mau Mau rebellion in 1952” (Furley 2005 p 239). As

Elkins notes the actions of one Captain Richard Meinartzhagen who “took pride in his

34


elimination of the Kikuyu who refused to capitulate to British rule; he launched

several attacks that included wiping out an entire village of men, women and elderly

using bayonets, rifles, machine guns and fire” (Elkins 2005 p. 3).

In addition, conveniently “in early July of 1959, Lord Lambton, the conservative MP,

felt compelled to publish a scathing article in the Evening Standard. The headline

“When Loyalty is not Enough” made his message clear. His concern was less about

the human rights violations in and of themselves, but rather their geopolitical

implications, as well as the mockery that” (Elkins 2005 p. 350) some of the atrocities

committed in the detention camps would have on the British civilizing mission. By the

time the article made headlines, however, a lot had been overlooked by the colonial

governor of Kenya, Sir Evelyn Baring in his attempts to cover up numerous atrocities

committed by his cohorts and any scathing report would do little if anything to resolve

the already dire situation that Kenya had found itself in.

State management as a matter of safeguarding personal or group interests,

regardless of whether local, regional or international, seems to have its roots in

colonialism in Kenya. An in-depth study of the former governor of Kenya during the

emergency period shows that this was and is the case to date. Governor Baring was

re instated onto even higher power in order to have more control over larger

territories when he was offered to head the “Colonial Development Corporation”

(Elkins 2005 passim). The role of this corporation was to offer loans and

management to developing countries provided they followed the rules set out for

them. Over the last 2 decades this has been “seen as a new type of pressure created

in itself to remove the root cause of conflict among other things” (Furley 1995 p.15)

even though some scholars have argued that it may be in itself a cause of conflict.

35


Nevertheless, the aid conditions imposed on Kenya in later years seemed to have

opened the opportunity for multiparty politics. The next section shall analyse the

evolution of governance in Kenya.

3.2 Tribe and Party Politics in Kenya: A Background

A distinct characteristic of the road towards democracy and curtailed state

management can be attributed to multi party politics or the existence of an opposition

in place to challenge the current ruling party on different policies and to keep an eye

on the use of power. The opposition also provides an alternative political leadership

to the people should the current ruling party lose its support hence creating healthy

competition. It is therefore, important that a political party ought to have a formal

structure, strong leadership based on institutional rather than individual beliefs and

interests, consistent supporters from all classes, ethnicities, ages and gender while

continuing to increase in size in order to sustain the chance of participating

successfully in election and ultimately obtain power, influence and control of the state

(Oloo, G. 2007 p. 91 – 100)

During the colonial period, representation in government of the various regions was

restricted to district political movements. Political organisations during this period

were allowed only if they represented district welfare, social and economic issues of

individual regions and not to share ideas with neighbouring regions (Elkins, 2005

passim. Wanyande 2006 passim). Consequently, many of the political parties formed

in Kenya at the inception of multi party politics inherited the same trend of ethnic

organisations with political interests aiming at representing their fellow folks at

political issues. Like in the colonial period where those that were chosen to represent

had been sponsored by their communities and garnered all their support from the

same, the current situation presented by Kenya party politics takes the same form.

36


However it is not as blatant as shown in a recent survey carried out by Afro

Barometer where most Kenyans expressed that their support for political parties is

not based on ethnicity but other factors as shown below (Table 3.2)

Table 3.2: Reasons for Political Party of Choice

Reason Percentage

Policies the Party promises to implement 70%

Personal integrity of the party leader 66%

Past governing experience of the Party 55%

Ethnic or regional origin of the Party leader 20%

Source: AFRO BAROMETER 2008 p.7

It is over simplistic to assume that the above results are conclusive because it is not

certain whether most people lack inner support for one of their own or from the same

ethnic group. Evidently, many believe if one of their own is in power then there is less

discrimination on their part and this is consistent with the initial argument raised in

this discourse that conflict is political rather than tribal. This has been identified in

Kenya and as the Waki commission noted:

everything flows not from laws but from the President’s power and personal decisions. This also has led the public to believe a person from their own tribe must be in power, both to secure for them benefits and as a defensive strategy to keep other ethnic groups, should these take over power, from taking jobs, land and entitlements.” (Waki Report. 2008. p. 29)

This shows that even though the electorate may not openly support a party for the

sole purpose of the party leaders ethnicity there is still subtle support for the purpose

of gaining an advantage over other tribes since this is seen as a means of securing

benefits as noted by Posner (AFRO BAROMETER p.7)

“The fact that so many survey respondents told me that tribalism was wrong…does not imply that it is absent either from their calculations or from their behavior. Despite their preference for a situation in which resources are not distributed along ethnic lines, they find themselves trapped in an equilibrium where ethnic favoritism is the rule, and where they lose out in access to resources if they ignore its implications for political behavior” (Posner. 2005 p. 104).

37


Conversely, ethnicity in itself it cannot constitute to violence. It must be fuelled by

some other factor hence political violence manifesting in tribal differences.

The second dominant group mentioned earlier in this chapter is now made up of the

group of people who retain power as a means of access and security to state

resources. This group from the onset originated from the collaborators of the colonial

leaders in Kenya. They were those that capitulated to British rule and when the

British were leaving, were handed out government positions in order to maintain the

interests of the colonialists. These were the people that were not part of the Mau Mau

and were allowed to come up with regional associations that would be headed by

representatives who would insist on the inclusion of their supporting tribes into

political matters. To this day they are the same people whose families are wealthy

and maintain high positions in society (Oloka-Onyango, Kibwana, Peter et al. 1996

p.259).

Multi party politics in post independence Kenya has been elusive. Kenya African

National Union (KANU) and Kenya African Democratic Union (KADU) were the first

parties and in the 1963 election KANU prevailed over KADU. KADU members were

accorded positions in the ruling party KANU hence the breakdown of KADU. In 1966,

further fragmentation in KANU gave way to the Kenya Peoples Union (KPU). A by-

election held saw many of the KPU members unseated by KANU members. KPU

was later banned and Kenya declared a de facto one party state until 1982 when it

was enacted on the constitution. After the de jure single party state was repealed in

late 1991, following concerted efforts from donor agencies, civil societies and

individuals alike, Kenya returned to multi party politics and held its 3rd multiparty

elections in 1992 when President Moi was the incumbent. Prior to the de jure repeal,

38


the president had expressed his discontent to the return of multi party politics in

Kenya. Donor agencies only released aid provided certain conditions were met. The

conditions were to result in changes to governance and state management but as

noted by Furley, they may have had notable positive changes towards democracy

but may carry with them negative aspects and open loopholes for manipulation in

tribal nations (Furley 1995 p. 15)

It was with this same argument that President Moi expressed dissatisfaction to this

new wave of pressure arguing that this would give rise to tribal parties and capitulate

into tribal differences. With this pressure still simmering, political figures who had

once been a part of KANU but had been disengaged, detained, tortured and were

aggrieved begun to voice their grievances while representing their marginalised

people on ethnicity or ethno regions. They united and set their differences aside to

form the Forum for the Restoration of Democracy (FORD) in order to rally against the

undemocratic and recalcitrant system of Moi’s regime. They achieved success in

undoing the single party rule but lacked a way forward from then. FORD struggled to

nominate a leader and presidential candidate as many of the top officials eyed the

ultimate prize of presidency. The differences that were initially set aside as a sign of

unity, to oust or change the unfair constitution, began to manifest when all the

aggrieved felt that they deserved the top position. Intra party wrangles especially

between Kenneth Matiba and Oginga Odinga were so intense that there was no

future for the FORD party. The party officials reverted to their tribal enclaves for

support, thereby making party leadership a tribal affair.

President Moi maximised on the division of parties to win elections both in 1992 and

1997 since all other major parties relied on their tribal enclaves for support whereas

39


he relied on the minority and smaller tribes in all parts of the country for his support.

The reliance of tribes meant that any two that were of the same tribe with individual

parties split the votes between them hence the poor results exhibited by Democratic

Party of Mwai Kibaki and FORD Asili of Matiba. In the years that followed ‘united we

stand, divided we fall’ had been realised in the Kenyan politics. Party leaders and

party members moved from one party to another, while others formed political parties

at a whim for example Raila Odinga, Paul Muite, Simeon Nyachae, and others,

buying of prominent individuals to increase the party’s clout, formation of ‘briefcase

parties’ and defecting back to KANU in return for government positions. A once

united party, FORD, that was a threat to the ruling party KANU with a real chance of

winning the elections in 1992 simply fragmented into smaller sometimes negligible

party formations that fell short of the actual meaning and functions of a political party

posited at the start of this section. The much awaited multipartism was received by

unprepared people who were only in it to win it and impose their self interest in the

political organisations. The founder of a political party expected that he would be the

presidential nomination and having it any other way was unacceptable.

The parties that sprung up in Kenya, prior to the Political Parties Act enacted in 2008,

lacked numerous standards such as strong policy formulations that would sustain the

party and be used as a magnetic pull for other politicians, funding to promote and

deliver their ideas to their supporters, structured and systematic process of selecting

presidential, parliamentary and civic candidates thereby encouraging party wrangles

and defections, and finally national voter mobilisation and support as they relied

mainly on tribal votes based on the ethnicity and origin of the party leader or

prominent party officials.

40


As identified earlier in chapter 2 of this discourse, the shifting of alliances between

political party officials results in the shift of alliances by their supporters. The Kenya

situation is as such because conflict in Kenya has, over the years, shifted between

conflicting tribes. In 1992 to 1995 the Luo, Luhya, Kisii and Kikuyu were some of the

worst hit tribes in the Rift Valley region and Coast region. The activists in support of

the donor pressure for multi party politics in Kenya and the consequent members of

the FORD Party who later broke up to form smaller parties were from those tribes.

The fact that they were not in support of the ruling party and had formed their own

parties in opposition of KANU meant that they had to be destabilized in order to

reduce their voter turnout in the Rift Valley province, a strong hold for President Moi,

thereby giving KANU better prospects of votes from that region. In 2007, however,

the Luo, Luyha, Maasai and Kalenjin formed a strong opposition, the Orange

Democratic Party (ODM), while the Party of National Unity (PNU) leader was a

Kikuyu. The Kikuyu and the Kisii were now the victims only this time they were

targeted all over the country and not just in certain regions. Rift Valley however still

suffered the most casualties as noted in the Waki Report (Waki Report. 2008

passim). The above is consistent with the argument that control of the state and its

mismanagement is rooted in the selfish competition between individuals and party

officials for the scarce state resources, wealth, state control and power. It also shows

that tribes are consumed by various means into supporting political figures based on

ethnicity. This has resulted in poor representation and accountability on

parliamentary functions such as advocating for better socio-economic management,

eradication of political oppression, poverty and equality in resource distribution.

On the other hand, political status in Kenya can only change for the better. In July

2008, the Political Parties Act 2007 was enacted into the constitution and this will

41


bring some much needed changes. Changes that should have happened back in

1992 at the re-introduction of multi party politics. This new act allows for better party

leadership, membership and recruitment of party officials. In addition to this it

accommodates for party financial support from the state which will enable more

accountability from parties during audits and it demands national membership from

Kenya’s diverse communities to which “the ODM-Kenya chairman, Mr Samuel

Poghisio, said, this condition is essential as it will root out tribal political parties. “This

is long overdue and I am sure only a few of the over 300 registered political parties

will meet the requirements. Then politics will be evenly competitive,” (African Press

2008 passim). Numerous other party officials and members of parliament have

welcomed the introduction of the act as a positive way forward towards

institutionalisation of political parties and discouraging party defections. Due to some

stringent conditions that ought to be met in order to maintain a political party in

Kenya, and the short window of 6 months given by the registrar of political parties,

parties have now been reduced to as few as 30 (Daily Nation December 31 2008.).

Prior to this the parties had been 126 registered parties as recognized by the

Electoral Commission of Kenya, a figure that contrasts from that given by the ODM –

K chairman soon after the act came into effect.

3.3 Primary Data Presentation and Analysis

This section will present the data and an analysis of the findings gathered from the

questionnaire conducted on the sample group mentioned earlier in the methodology

chapter. (appendix 1).

The first part of the questionnaire was to identify the gender differences and age

groups that were involved and the outcome was an equal division between genders

42


with an unequal distribution between age groups. Secondly there was need to

identify the educational background of the participants and their interest in political

issues. This would help in clarifying whether the responses were well thought out or if

the participants were driven by emotions. The political interest responses were used

to place participants in different groups between those with political interest and

those without. This became relevant when one of the sample groups bore no

responses. In total there were 16 responses with 11 having greater interest in

political affairs than the other five who formed the second group.

Once the grouping had been established the second part was to establish the

perceived cause of ethnic conflict and this dared to test tribal hatred, political

instigation or resource conflict and finally a challenge of the coalition government’s

attempt, if any, to ensure eradication of such conflict in the future.

The third part emphasised the political structures in terms of tribal inclusion and also

the role of political parties and their members who are elected in office. This was to

establish whether they are delivering service to their electorate in order to sustain

confidence from the people. In addition, this part looked into the challenges the

government is facing in order to entrench good governance and have a positive

effect on state management and this was achieved by enquiring further on the

implementation of a local tribunal to try the 2007 – 2008 PEV perpetrators, reforms in

government institutions to promote independence in the execution of services, and

the formation of tribal alliances notably Kikuyu and Kalenjin.

Lastly, it was interesting to bring in the issue of majimbo (federalism) as this was a

factor of violence and has been a sensitive topic for many years. The aim was to

43


identify the perception of the people about this system of governance and its place in

Kenya. As a whole the study had very interesting responses that challenged my

assumptions and supported other scholars.

According to the responses received with regards to ethnic conflict many felt that this

was not entirely caused by tribal hatred but by political differences that ended up

manifesting as tribal differences. This is consistent with the observations cited by the

researcher, Furley (1995) Nasong’o (Okoth and Ogot et al, 2000) and the Oxford

Analytica (2008). There was a consensus with regards to causes of conflict lying

elsewhere with some responses citing resources especially land, while others

thought culture. One of the responses had this to say, “Land is very important to

Kenyans. A lot of people know and feel cheated from the historical injustices of land

distribution”. (Source: Questionnaire).

This response supports Elkins (2005) where land expropriated by white settlers has

never been resolved to the satisfaction of the Kenyan people thus impacting on the

delivery of the government to the people. Land, education and development were

cited as the main danger that needs addressing from the government as they have

played a major role in punishing different tribes. One response in particular was:

Resources can play a role, as in previous regimes, it has been used to reward and or punish the tribes who do not show full support to the government of the day. Some areas like coast province are behind in education hence other tribes who are more educated occupy jobs in this area rather than the local people who have no resources’ to pay for their education. This may have started the 1992 violence in this part of the country (Source: Questionnaire).

This shows that out of this disengagement and lack of resource management has

come enmity between the rewarded and the punished to cause conflict between

different communities and this is consistent with Ngunyi’s observation on

“disengaged elites” (Oloka-Onyango, Kibwana, Peter et al, 1996 p. 265).

44


The research delved further in search of any attempts made by the coalition

government to ensure the eradication of ethnic conflict and tribal differences and to

resolve any mismanagement that would continue to give rise to difference and result

in future conflicts and again the responses seem to come to the conclusion that the

two parties forcibly came together to end the violence at the insistence of Koffi

Annan, “the former United Nations secretary-general who was now acting as an

envoy of the African Union” (ISN. 5 February 2009) and are now struggling to keep

the union intact rather than tackle any issues affecting the people. There is a feeling

of uncertainty amongst the people on how strong the coalition is and whether it will

last the full term considering this same people in the coalition were the ones who fell

out during the NaRC coalition in 2002. There is little trust and this is impacting on

state management issues as delivery from the government is slow (DN 21 April

2009). The current challenges facing the coalition are the Mau Complex inhabitants,

political and weather induced famine and the formation of a local tribunal to try the

PEV perpetrators.

One respondent had this to say:

What could be enough when we still have Internally Displaced Peoples’ Camps in the country? What is difficult for the government to achieve about re-settling people back to where their homes were when we know that there was so much money donated by foreign agencies to help the displaced people back to their ‘homes’? Where did the money go to? Why are so many people still languishing in those Red Cross tents near Molo town and In Kiambaa, Eldoret? Why were these people promised money for rebuilding their homes that had been burned down and yet when it came to the handouts they only got Ksh.10,000/-? (Source: Questionnaire).

While another expressed the following about the coalition’s attempts:

I do not see any tangible thing the coalition government has done for those affected by the violence, and measures put in place to ensure it does not happen again. I think they are too busy trying to manage the coalition and the different parties concerned instead of putting specific measures in place...it is even a struggle for the perpetrators to be put to justice. (Source: Questionnaire).

45


With many of the other sharing the same view of general discontent to the coalition.

This in the researcher’s view creates a dangerous environment for an outbreak of

violence as many people do not think the government is out to support them hence

reverting to tribal strongholds for support and security or what Yinger terms as

“Dissimilation” (Yinger 1994 passim).

The third part dealt with the challenges that face the current government and the first

is the delivery service by members of parliament (MP) once they are voted in to

power. The observation from the respondents showed that there was little or nothing

at all that was implemented or achieved by MPs once in office. The researcher

deciphered from this information that once MPs are back in office they were more

concerned with their own interests and what they can acquire from such positions

with one respondent saying:

Kenyan politicians only look after their relatives and themselves. It is still the same even with the coalition in government. As a keen observer of events in Kenya, most posts and contracts from the government go to the people who have cronies in the government. (Source: Questionnaire)

As noted in chapter 2.2, once in office allegiance is to the party leader and not the

electorate. Secondly, a review of one implementation required by the government by

the Waki Report (2008 passim) to set up a local tribunal that will prosecute the main

perpetrators of the conflict resulted in very little confidence shown from the sample

group. Not only did 81% of respondents lack confidence in the implementation of

such a tribunal but also all the respondents saw the lack of an independent tribunal

from government influence, were it formed. The analysis shows that the government

has an acute challenge of winning confidence back from the people.

The third challenge that the questionnaire reviewed was the much needed reforms of

government institutions to promote their independence and ensure they deliver

46


services without influence from the government as a measure to quell ethnic conflict,

rid the nation off impunity and restore confidence. The three institutions targeted

were the police, the judiciary and the Electoral Commission of Kenya (ECK). These

three were picked out because they were the most mentioned during the conflict. The

people did not believe the police were out to help them, those who opted for violence

did not believe the courts would do anything to change the outcome of the election

due to government influence and the ECK was accused of being controlled by the

government when it should be autonomous in execution of its duties. This question

got mixed responses as majority refuted any reforms of such institutions would

address conflict or impunity. There was however a large minority that agreed such

reforms would go a long way. The former political aspirant responded by saying:

Such reforms will establish rule of law, strengthen democracy hence legitimacy to the government and finally it will reinforce confidence to Kenyans to believe again in these institutions in addressing disputes such as elections, land etc instead of seeking street justice. (Source: Questionnaire)

The fourth challenge was the formation of a Kikuyu – Kalenjin alliance. The two main

rivalling tribes that are members of the Gikuyu, Embu, Meru Association (GEMA) and

the Kalenjin, Maasai, Turkana and Samburu(KAMATUSA) alliance. The government

has been trying to coin an alliance between these two conflicting sides and the

researcher notes one thing before presenting the analysis of the questionnaire that

this alliance is between top officials and not the people but because the politics in

Kenya is alignment politics as stated in the party X – Y and tribe A – B analysis at

chapter 2.1 of this research, such an alliance would be conducive to force relations

between the two communities. Only one respondent agreed with my initial analysis.

Majority, once again, shot down such an alliance saying it had no place until truth

and reconciliation took place as well as the implementation of Waki Report (2008

passim) recommendations were met.

47


The final part of the questionnaire attempted to capture the perception of the people

regarding the majimbo system of governance. During the 2007 campaigns prior to

the civic, parliamentary and presidential elections, the opposition camp, ODM, highly

propagated this system to their electorate and it received tremendous support. There

was however, a factor of misunderstanding between the campaigners and the

electorate about what the majimbo system entails which led to disintegration of tribal

relations. Many think that this system of governance means everyone should go back

to their ancestral place and whereas majimbo would be a viable system it

nevertheless causes disintegration as indigenous inhabitants target “outsiders” or

those that have migrated to those regions over time (DN. 31 July 2009). The

responses received had the majority supporting such a system. It is in the

researcher’s view that those that refuted such a system were caught up in the

misinformation that has plagued the name majimbo. All of those in support added

that such a system needed re-educating of the electorate or changing the name to

avoid distortion. It became apparent also that this system is already in place

disguised as Constituency Development Fund (CDF) that is disbursed centrally to

each region and managed by that receiving region.

3.4 Conclusion

From the above analysis, Kenya has acute challenges ahead to ensure restoration of

confidence to the people. President Kibaki enjoyed “a honeymoon with the

electorate” (Cobbold and Mills et al 2004 p. 69) after a landslide win in 2002 but by

failing to action the Memorandum of Understanding (ODM Manifesto 2007 passim)

that had brought NaRC together quickly raided his government off the trust it had

generated. His second term leaves one wondering whether Kenyans are surely

better off. The challenges that lie ahead are no easy task and a lot needs to be done

48


to get a grip of state management. Public institutions need behavioural change and

sector competent directors as opposed to partisan appointments and with the

looming global climate change food production ought to be re-engineered as a matter

of urgency. Unemployment, uneducated and poverty is a another thorn in the current

government that needs tackling and a range of many other issues that result in elite

wrangles trickling down to become tribal differences. Tribal associations such as

GEMA and KAMATUSA can act as awakening councils similar to the Al-Sahwa in

Iraq (Alawsat 2007 passim). They can be used by the government to disseminate

information on behalf of the government to rural areas because of their accessibility

to tribes.

49


4 Chapter 4: CONCLUSION AND RECOMMENDATIONS

At the beginning of this dissertation I have highlighted the aim as establishing the role

that tribes can play in positive change within state management. In the course of this

study I analysed theoretical concepts that are important aspects affecting overall

state management. These concepts included the role of presidency, political parties

and elections. These I identified as the variables that are inter-related and ought to

be institutionalised in order to sustain the common denominator of good

state management. The argument of tribes and their impact on state management

highlighted subjects such as ethnic conflict and whether the conflict is ethnic or lies

elsewhere, tribe marginalisation in political affairs, resource allocation and provision

of government services to the people and finally exclusion in the control and access

of state resources and control of power. All these seem to have something in

common and this is their use in effecting how different tribes relate.

In addition, the literature review and theoretical framework have both revealed that

aggrieved tribal communities in Africa have resulted in violence as a form of defence

from further marginalisation and exclusion. They have also revealed that sharing of

resources and state power amongst a chosen few tribes has resulted in unfair

distribution of public institution management which has caused corruption,

misappropriation and expropriation of state resources thus entrenching

unprofessional conduct and unaccountability in state management. This has had the

ultimate result of near failed states, endemic poverty, poor health and sanitation, low

education numbers, violence induced famine, poor infrastructure, thereby supporting

arguments put across by Cashmore (1996), Furley (1995) and Assefa and Wachira

(1996). Reynolds and Sisk (1999) have also shown when elections are only used to

50

Conclusion and Recommendations

continue legitimizing poor performing governments then there is a possibility of

hostility but as Honderich (1979) has added, the electorate need to make an

uncoerced choice in order to feel their vote has power.

The theoretical framework has detailed three areas and the emphasis was laid on the

role of presidency, political parties and elections with regards to tribes and state

management. Here I identified that presidency has been personalised and carries

such power that it becomes the single most coveted position in African politics for all

the wrong reasons. It became clear that this position has ultimate control and

distribution of all power and resource allocation. This results to patronage

relationships firing up and competition amongst individuals in order to maintain such

relationships.

Secondly, political parties were identified as the institutions that require positive

change in order to impact on state management mainly because their ultimate

purpose is to attain power and control of the state and its resources. Since they will

be mandated to lead the nation into realisation of economic and political stability and

good governance they ought to have internal democratic process as this will manifest

once they are in power. It was revealed that the personalisation of presidency has

also resulted in personal aims towards attaining presidency by the opposition thus

opposition parties are personalised aims by party leaders to achieve presidency

whereas party members are just the pawns used to achieve this goal. Not for the

nation but for personal use.

Thirdly, election was identified as the activity that enables a trusted relationship

between the electorate and the elect that is managed by the EMB. The electorate

51


cast their votes for their desired party and the EMB oversees the activity to ensure a

free and fair election. The elect ought to serve the interest of the electorate and not of

tribe in order to maintain unity. Party member nominations for parliamentary elections

ought to be carried out in a democratic manner to ensure that the people’s choice is

fielded as a candidate and give assurance that the peoples opinion matters.

The case study was put in this context while analysing the 2007 elections that led to

the worst outbreak of violence between tribes since the return to multiparty politics to

which residents have disputed the cause as election (Times Online January 23 2008.

p. 37). The three areas discussed at the theoretical framework were identified as

areas that require urgent overhaul in order to return the country in to some level of

normality and begin the road to sustainable peace. The leadership was seen as

consistent with the theoretical framework whereby power was concentrated to one

person thus building a relationship of patronage. Political parties were also consistent

as they lacked proper processes in their practices especially in respect of candidate

nominations. They, however, had a good record in tribe inclusion in to party

membership but lacked competitive campaign strategies which led to anti tribal

utterances that caused hatred between different tribes. In addition they also failed in

presenting the case of majimbo (federalism) well as a form governance in Kenya

where “each region should control the allocation of land and by dint of this, control

the migration of other groups into its administrative area” (Africa Confidential. 22

October 1993) and they are failing in the follow up of their elect members to ensure

they are serving the electorate.

In conclusion, it is in my view that for effective state management to be achieved in

Kenya and Africa as a whole, there ought to be a change in the powers of the

52


president, a change in the institutions such as judiciary, political parties, EMB and the

public sector and also in the distribution of resources as this will lead to sustained

management of government arms and restoration of a trusted relationship between

the people and the state.

4.1 RECOMMENDATIONS

In the advent of NaRC attaining power in 2002, Kenya has shown that democracy

can be achieved in Kenya after many years of oppressive and authoritarian rule.

However the failure of the NaRC coalition to action some much needed reforms in

political parties and the reduction to powers of the president has reverted the country

into tribal disintegration. The current ruling party PNU is attempting to make some

much needed reforms most notable the Political Parties Act but more needs to be

done to promote tribal cohesion.

Initially, perpetrators of the 2007 post election violence ought to be relieved off their

official duty while investigations are on going in order to eliminate any sort of

pressure and impede an autonomous investigation. They should all appear before a

tribunal that will determine whether they are guilty or not and the proceedings made

public so that those affected can determine whether there is fairness.

Secondly, Presidential powers will need to be reduced through the constitution to

eradicate the personalization of such a position as discussed in chapter 2 of this

dissertation. To overlook such a recommendation will result in the continued extreme

demand to attain presidency and in the end control of state power and resources.

This will lead to exclusion and marginalisation of those tribes that have had the

53


chance to rule as they will be viewed as having enjoyed their share of the “national

cake” (Okoth and Ogot et. al. 2000).

Thirdly, the Political parties’ nomination procedures, which the Political Parties Act

2007 has failed to address, need tackling before the next election as these are used

unfairly in the distribution of parliamentary positions and consequently cabinet

positions and state corporations. Party members are not given an equal and fair

chance to vie for parliamentary positions as the party chairmen/women have the

authority to chose who should be nominated. This was evident during the 2007

election where ODM and PNU (East Africa Standard. 29 Aug 2009), the main

opposing parties, gave direct nominations to various members. As a result, the

electorate end up with a candidate whom they possibly do not prefer. The nominated

person is not for the benefit of the electorate but the party leader based on

patronage. This ultimately affects state management because those with direct

nominations end up in the cabinet and should they lose they are eventually plugged

into state corporations as directors.

Fourthly, the issue of Internally Displaced Persons (IDPs) ought to be resolved as a

matter of urgency. According to an Internal Displacement Monitoring Centre (IDMC)

report on IDPs there were an estimated 400,000 IDPs prior to the 2007 elections

(IDMC 2008 p.7) and a further 600,000 IDPs during the post election violence in

2007 - 2008 (IDMC 2008 p. 8) in the country and this number has grown from the

ethnic clashes in 1992 to 2008. These people exert acute and undue financial and

management pressure on the government as they have been turned into beggars

after the violence consequently creating a most fertile ground for crime and gang

recruitment, another vice that has greatly gripped the country and which may be an

54


area for further study. There isn’t a quick fix for IDPs as the issue correlates with land

reforms, security should they return home and reintegration into the economic

activities engaged in previously or otherwise so as to avoid acceleration in crime,

unemployment, development of slums etc. The government ought to address the

issue of land and consequently the compensation and relocation of IDPs back into

their homes or elsewhere otherwise those affected will continue to perceive

themselves as marginalized tribes. They may also need to channel the unemployed

into meaningful employment in sectors such as Police or Armed Forces.

55


APPENDICES

Appendix 1

Please answer questions fully and accurately. Use a tick or Circle for your answer.

Part One

1. Please give your gender Male Female

2. Please give your age group 18 – 25yrs 26 – 35yrs 36 – 45yrs

46 – 55yrs 56 – Over

3. What is your level of education?

None Primary/Elementary Level Secondary Level

Further/College Education University Level

Other: ________________________________________________

4. To what extent would you say is your interest in politics? (Please use a scale of 5 – 1) 5 = extremely interested, 4 = Interested, 3 = Somewhat interested, 2 = Undecided, 1 = Not interested.

_____________________________________________

Part Two

5. Ethnic conflict over the years has been between different tribes in Kenya the worst of which was experienced at the end of 2007 and early 2008.

a. Do you think that this conflict is as a result of hatred between tribesStrongly Agree 5…....4….....3…......2..........1 Strongly Disagree

_________________________________________________________

b. Do you think that this conflict is a result of political differences that end up as tribal conflictsStrongly Agree 5…....4….....3…......2..........1 Strongly Disagree

______________________________________________________

6. What else do you think is a source of ethnic conflict in Rift valley in particular?

Cultural, land, religion,

Other? Please Specify ___________________________________________________________________________

56


7. Some people have rooted distribution of resource as the main cause of ethnic conflict in Kenya. What is your view on this?___________________________________________

8. The conflict in Kenya has had an effect on many Kenyans. Some people have experienced situations that have scarred them for life and the country has also suffered in numerous ways.

a. Were you directly affected by the post election violence that broke out in Dec 2007?

Yes No I don’t know

b. Do you think the coalition government has done enough since the end of the violence to ensure that the same does not happen again in 2012 elections?

Yes No Not Sure

c. Would you like to add your reasons for the above answer? Part Three

9. Political parties in Kenya have been said to be mainly tribal with their members and leaders reverting to their tribal regions for votes and as sources of unrivalled support.

a. Do you think the inclusion of members from all tribes into the political parties would make a change to the way different tribes relate?

Yes No Not Sure

b. Do you think that the Member of Parliament (MP) in your area is representing you and issues that are of concern in your area?

Yes No Not Sure

c. Do you think that the promises that were made by the MP in your area have been achieved or implemented?

Achieved Yes No Not Sure

Implemented Yes No Not Sure

10. The Commission of Inquiry into Post Election Violence or The Waki Report made recommendations about the implementation of various things that would ensure a stop of such violence in future. One of these recommendations was the formation of a Local Tribunal to charge the main perpetrators of the conflict.

a. Do you think that the Government will implement this recommendation after missing the deadline more than once?

57


Yes No Not Sure

b. Do you think that a local tribunal would be independent of Government influence and ensure those who caused the violence face the law?

Yes No Not Sure

11. Do you think institutional reforms in government agencies i.e police, judiciary and election commission of Kenya will help to address ethnic tension in Kenya?

Yes No Not Sure

Please give more information about your answer above (if any)

12. There have been efforts recently to form a Kikuyu and Kalenjin Alliance in the Rift Valley region which has experienced the worst of the conflict since 1992. Some MPs are in support of this alliance while others are against it.

a. Do you think this will be easily achievable by those supporting it considering the local tribunal has not been formed and neither have Internally Displaced Persons (IDPs) from the Rift Valley region been restored to their homes nor compensated.

Yes No Not Sure

b. Please give more information about your answer above (If any)

13. What do you think about majimbo (federal) system of governance?.......................................................................................................................

Conclusion

Feel free to add any other information here. (You can attach extra sheets)

58

Bibliography

BIBLIOGRAPHY AND REFERENCES

Books

Assefa, Hizkias and Wachira, George (Eds). 2003. Peacemaking and Democratisation in Africa: Theoretical Perspectives and Church Initiatives. East African Educational Publishers.

Cashmore, E. 1996. Dictionary of Race and Ethnic Relations 4 th Edition . Routledge.

Cobbold, Richard and Mills, Greg (Eds). 2004. Global Challenges and Africa: Reports of the 2004 Tswalu Dialogue. The Royal United Services Institute for Defence and Security Studies.

Davies, Martin Brett. 2007. Doing a Successful Research Project: Using Qualitative or Quantitative Methods. Palgrave Macmillan.

Dawson, Catherine. 2006. A Practical Guide to Research Methods: A user-friendly manual for mastering research techniques and projects. How to Books.

Dwyer, Denis and Drakakis-Smith, David. 1996. Ethnicity and Development: Geographical Perspective. John Wiley and Sons Limited.

Elkins, Caroline. 2005. Britain’s Gulag: A Brutal End of Empire in Kenya . Jonathan Cape.

Furley, Oliver (Ed). 1995. Conflict in Africa. Tauris Academic Studies.

Hoffman, J., Graham, P. 2006. Introduction to Political Theory. Pearson Education Limited.

Honderich, T. 1976. Political Violence: A philosophical analysis of terrorism. Cornell University Press.

Murunga, R. Godwin and Nasong’o, W. Shadrack. 2007. Kenya: The Struggle for Democracy. Zed Books.

Nardin, T. 1971. Violence and the State. A critique of empirical political theory. Sage Publications.

Okoth, P. Godfrey and Ogot, A. Bethwell (Eds). Historical Association of Kenya 2000. Conflict in Contemporary Africa . Jomo Kenyatta Foundation.

Oloka-Onyango, J., Kibwana, K. and Peter, C.M. 1996. Law and the Struggle for Democracy in East Africa. Claripress Limited.

Posner, Daniel, 2005. Institutions and Ethnic Politics in Africa. New York: Cambridge University Press.

59


Sisk, D.T. and Reynolds, A. (Eds). 1999. Elections and Conflict Management in Africa. United States Institute of Peace Press.

Wanguhu, Ng’ang’a. 2006. Kenya’s Ethnic Communities: Foundation of the Nation. Gatundu Publishers Limited.

Yinger, J. M. 1994. Ethnicity: Source of Strength? Source of Conflict? State University of NY Press.

Articles

African Confidential. 22 October 1993. Kenya: A Murderous Majimboism. Vol. 34 No. 21.

Oxford Analytica. Friday, May 2 2008. Africa: Why political parties hinder democratisation. Global Strategic Analysis.

Wanyande, P. 2006. Electoral Politics and Election Outcomes in Kenya. African Development Vol xxxi, No.3, 2006. CODESRIA.

Internet Articles

Asharq Alawsat. Jasim H. and Salem R. 29 December 2007. The Awakening Council: Iraq's Anti-al-Qaeda Sunni Militias . Internet: http://www.aawsat.com/english/news.asp?section=3&id=11292

Bratton M. and Kimenyi SM,. 2008. Voting in Kenya: Putting Ethnicity in Perspective. Internet: http://www.afrobarometer.org./papers/AfropaperNo95.pdf

DFID, MOD, FCO. 2001. The Causes of Conflict in Sub-Saharan Africa. Framework Document. Stairway Communications. Internet: http://www.dfid.gov.uk/Documents/publications/conflictsubsaharanafrica.pdf

Furley 1995 cit. Boutros Boutros Ghali, 1992. An Agenda for Peace: Preventive Diplomacy, Peace – making and Peace – Keeping. Report to the UN 17 June 1992. Internet: http://www.un.org/Depts/dpa//repertoire/89-92/CHAPTER%208/GENERAL%20ISSUES/Item%2029_Agenda%20for%20peace_.pdf

Humanitarian Policy Group. 2008. Crisis in Kenya: land, displacement and the search for ‘durable solutions’. HPG Policy Brief 31. Internet: http://www.odi.org.uk/resources/download/1522.pdf

International Crisis Group 2008 : Annual report: Review for 2007 plans for 2008 . Internet: http://www.reliefweb.int/rw/lib.nsf/db900sid/SNAA-7RY4EP/$file/ICG%20annual%20report%202008.pdf?openelement

Internal Displacement Monitoring Centre. 2008. No Durable Solutions for Internally Displaced Yet. IDMC. Internet: http://www.internal-displacement.org/8025708F004BE3B1/(httpInfoFiles)/AB0DBF9A3CBF8DA1C125752800345935/$file/Kenya+-+December+2008.pdf

60

http://www.internal-displacement.org/8025708F004BE3B1/(httpInfoFiles)/AB0DBF9A3CBF8DA1C125752800345935/$file/Kenya+-+December+2008.pdf

http://www.internal-displacement.org/8025708F004BE3B1/(httpInfoFiles)/AB0DBF9A3CBF8DA1C125752800345935/$file/Kenya+-+December+2008.pdf

http://www.reliefweb.int/rw/lib.nsf/db900sid/SNAA-7RY4EP/$file/ICG%20annual%20report%202008.pdf?openelement

http://www.reliefweb.int/rw/lib.nsf/db900sid/SNAA-7RY4EP/$file/ICG%20annual%20report%202008.pdf?openelement

http://www.odi.org.uk/resources/download/1522.pdf

http://www.un.org/Depts/dpa//repertoire/89-92/CHAPTER%208/GENERAL%20ISSUES/Item%2029_Agenda%20for%20peace_.pdf

http://www.un.org/Depts/dpa//repertoire/89-92/CHAPTER%208/GENERAL%20ISSUES/Item%2029_Agenda%20for%20peace_.pdf

http://www.dfid.gov.uk/Documents/publications/conflictsubsaharanafrica.pdf

http://www.afrobarometer.org./papers/AfropaperNo95.pdf

http://www.aawsat.com/english/news.asp?section=3&id=11292

Bibliography

ISN ETH Zurich. 5 February 2009. The Kenya We Want. Internet: http://www.isn.ethz.ch/isn/layout/set/print/content/view/full/73?id=96139&lng=en&ots591=4888CAA0-B3DB-1461-98B9-E20E7B9C13D4

Kumba, Samuel. 30 June 2008. Political Parties Act Comes into Force This Week. Internet: http://africanpress.wordpress.com/2008/06/30/political-parties-act-comes-into-force-this-week/

Kriegler Report. 2008. Report of the Independent Review Commission on the General Elections held in Kenya on 27 December 2007. African Peace Forum. Internet: http://www.amaniafrika.org/download.php?view.11

Orange Democratic Movement Manifesto, 2007. ODM: Prosperity with Equity and Accountability. Plan for Government General Election 2007. Internet: http://www.raila07.com/ODM%20Manifesto.pdf

Timesonline. Crilly, Rob. January 23 2008. Koffi Annan to Mediate as Kenyan Poll Violence Becomes Intertribal Conflict. Internet: http://www.timesonline.co.uk/tol/news/world/africa/article3234419.ece .

The Daily Nation Wed December 31 2008. 30 Parties Meet Deadline For New Law.Internet: http://www.nation.co.ke/News/politics/-/1064/509254/-/view/printVersion/-/812lk8z/-/index.html

The Daily Nation. Macharia Gaitho. Monday, February 9 2009. Why the Tribunal Bill is headed for trouble. Internet: http://www.nation.co.ke/oped/Opinion/-/440808/526916/-/view/printVersion/-/bkcwqaz/-/index.html

The Daily Nation. Friday, August 21 2009. The Dark Legacy. Internet: http://www.nation.co.ke/News/-/1056/643546/-/item/1/-/15140x6/-/index.html

The Daily Nation. Tuesday, April 21, 2009. ODM Widens Coalition Rift. Internet: http://www.nation.co.ke/News/-/1056/562168/-/item/1/-/6akd49z/-/index.html

The Daily Nation. Saturday, September 20 2008. New Alliance Takes Shape in the Rift. Internet: http://www.nation.co.ke/News/politics/-/1064/473060/-/ywvcesz/-/index.html

The Daily Nation. Elderkin, S. Friday, July 31 2009. It’s Futile to Blame Kibaki and Raila. Internet: http://www.nation.co.ke/oped/Opinion/-/440808/632876/-/4mic04/-/index.html

The East African Standard. Saturaday, August 29 2009. Why ODM Scored Twice. Internet: http://www.eastandard.net/archives/InsidePage.php?id=1144022717&cid=4

Waki Report. 2008. The Commission of Inquiry into the Post Election Violence (CIPEV). Internet: http://www.eastandard.net/downloads/Waki_Report.pdf

61

http://www.eastandard.net/downloads/Waki_Report.pdf

http://www.eastandard.net/archives/InsidePage.php?id=1144022717&cid=4

http://www.nation.co.ke/oped/Opinion/-/440808/632876/-/4mic04/-/index.html

http://www.nation.co.ke/News/politics/-/1064/473060/-/ywvcesz/-/index.html

http://www.nation.co.ke/News/-/1056/562168/-/item/1/-/6akd49z/-/index.html

http://www.nation.co.ke/News/-/1056/643546/-/item/1/-/15140x6/-/index.html

http://www.nation.co.ke/oped/Opinion/-/440808/526916/-/view/printVersion/-/bkcwqaz/-/index.html

http://www.nation.co.ke/oped/Opinion/-/440808/526916/-/view/printVersion/-/bkcwqaz/-/index.html

http://www.nation.co.ke/News/politics/-/1064/509254/-/view/printVersion/-/812lk8z/-/index.html

http://www.nation.co.ke/News/politics/-/1064/509254/-/view/printVersion/-/812lk8z/-/index.html

http://www.timesonline.co.uk/tol/news/world/africa/article3234419.ece

http://www.raila07.com/ODM%20Manifesto.pdf

http://www.amaniafrika.org/download.php?view.11

http://africanpress.wordpress.com/2008/06/30/political-parties-act-comes-into-force-this-week/

http://africanpress.wordpress.com/2008/06/30/political-parties-act-comes-into-force-this-week/

http://www.isn.ethz.ch/isn/layout/set/print/content/view/full/73?id=96139&lng=en&ots591=4888CAA0-B3DB-1461-98B9-E20E7B9C13D4

http://www.isn.ethz.ch/isn/layout/set/print/content/view/full/73?id=96139&lng=en&ots591=4888CAA0-B3DB-1461-98B9-E20E7B9C13D4


Audio Books

Covey, R. S. 2004. The 7 Habits of Highly Effective People: Powerful Lessons in Personal Change. Franklin Covey and Simon & Schuster Audio.

62

The Role of Tribe on State Management - Kenya a case study

Documents

Transcript of The Role of Tribe on State Management - Kenya a case study