“Media Zombie” stirs as Kenyan legal process moves forward [updated]

[Update: here is the Sunday Standard, “How Raila’s poll petition may change the whole game”]

“The many questions IEBC needs to clear with Kenyans over elections.” The Saturday Nation

The “media zombie” awakes with a recitation of damning basic questions about the systems employed by the IEBC.

AfriCOG and other Kenyan civil society groups were left as lonely voices before the election while the public relations of the IEBC and the rest of the Kenyan Government, propped up as best I can see so far by the “western donors” (with money from taxpayers like me) and the “aid industry” peddled false assurance. I will have to admit that the situation is significantly worse than I had realized.

And then beyond the systems that were not even seriously in place, we have the specifics of bogus numbers coming out with election challenge petitions by AfriCOG and by the CORD campaign filed today. So much like 2007 only worse in terms of a mass “overvote” in the presidential race.

“Halt the Party, It’s not yet Uhuru”, Wycliffe Muga in The Star.

In the New York Times, Jeffrey Gettleman notes the extreme pressure on Kenya’s judges:

The case is sure to be a test of Kenya’s recently overhauled judiciary. It is now much more widely respected, but some analysts have questioned whether all six Supreme Court justices will be able to withstand the pressure of refereeing such a high stakes contest for power. Even before the election, the chief justice received death threats, and analysts have raised questions about the independence of some of the other justices.

News in the News

One more player is coming to the East African media marketplace.

Al Jazeera to open Swahili service (Daily Maverick):

This is big news for the East African media market, which is already the most vigorous in Africa, and is a huge step for the Qatar-based news outlet. Al Jazeera’s rise to prominence has been meteoric. . . .

Its move into the Swahili market is part of a strategy of global expansion, which includes plans for a Turkish Al Jazeera and a Spanish Al Jazeera. Its presence is likely to raise the standards of journalism in the region, as they’ll be able to pay proper money for content. Swahili is one of Africa’s most popular languages. It is estimated that more than 100 million people speak Swahili (even though only 5 million use it as their first language).

Anyone interested in the state of the media in Kenya needs to read a report from AFRICOG: “AFRICOG Investigative Journalism Fellowship Report on Media Corruption”. A lot of what I see in the Western and International media about the media in Kenya and East Africa in general reminds me of a lot of what was reported about Kenya’s “free public education” system until scandals surfaced. Simply superficial. Yes, on the surface, the media in Kenya is relatively free and relatively robust–but you don’t understand how life becomes “news” in Kenya without appreciating corruption and other influences beneath the surface.

Key New Report from AFRICOG on Kenyan Privatization Ahead of 2012 Election

AFRICOG, the African Centre for Open Government, in Nairobi has released “Deliberate Loopholes” an extensive report on the the privitization/divestiture of Telkom Kenya and Safaricom.  Just as the Safaricom deal went through just before the 2007 election in spite of ODM litigation to block it, new deals are coming with the 2012 election approaching, including likely sale of the Government of Kenya’s stake in 11 more hotels, for example:

“Deliberate Loopholes”describes some of the lapses that occurred in the privatisation of Telkom Kenya and Safaricom: the title refers to the deliberate evasions and subterfuges that created a fertile climate for asset stripping and corruption by senior officials whose identity continues to remain shrouded behind the veil of secrecy provided by international tax havens and off-shore financial centres. The preliminary findings of this study were presented to Parliament’s Public Accounts Committee (PAC), which took the matter to the floor of the House.

AfriCOG’s interest in this area stems from its mandate to build and entrench an anti-corruption culture through informed and determined public action, both in the public and private sectors. Effective privatisation requires a robust regulatory environment. Regulators need to be independent in delivering on their mandate and achieving outcomes that protect the public interest and advance Kenya’s development. However, these bodies face the constant reality or threat of capture by special interests.

Kenya is currently engaged in an extensive series of privatisation exercises, with around 23 majorpublic enterprises slated for or engaged in some sort of privatisation. The unanswered questions surrounding the sale of the Laico Grand Regency Hotel are still fresh in the public’s memory. By providing objective information on the privatisation of Telkom Kenya and Safaricom, AfriCOG aims to promote public knowledge and vigilance on other public divestment ventures. Furthermore, the general public has a huge stake in privatisation considering the significant investments that citizens have made in building these institutions in the first place and the gains that ordinary investors hope to make from their divestiture.

Given the market dominance of the entities involved and the endemic corruption that plagues Kenya, it is perhaps inevitable that many of these exercises have been shrouded in political controversy. From experience, large scale privatisation is a process that can be particularly prone to political corruption, or the theft of public resources to fund elections. Since 2012 portends a particularly hard-fought and conflictual election,
heightened scrutiny against possible abuse of privatisation of state-owned enterprises with the aim of financing politics would be prudent.