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Monthly Archives: November 2022

Is Ruto for or Against GMO Maize Import?

Ruto and Gates

My Star column this weekend for those unable to access:

Genetically modified organism (GMO) is food grown from seeds or plants with genetically engineered DNA, with the most common GMO foods being maize, soy, and various vegetables. While these foods are increasingly becoming popular across the globe, there is a debate in the scientific community as to whether the foods are safe.

Some people, including scientists, claim that GMO food is safe, sustainable, and healthy, while others believe the opposite. The government of Kenya took the latter position in 2012 when it prohibited the cultivation of genetically modified crops and the importation of food crops and animal feeds produced through biotechnology innovation.

The GMO ban was based on a study released by Gilles-Erie Serelani and seven co-authors who had an article published claiming that their study linked cancer in rats to the consumption of GMOs. Shortly after this study was published, various scientists and several scientific organizations criticized the research as methodologically and ethically flawed and in January 2014, the journal retracted the article without the authors’ consent on the grounds that the research was inconclusive.

However, the Kenya government did not lift the ban notwithstanding the retraction.

At the same time, opposition to GMO food has remained strong across the globe with environmental groups, farmers, and concerned citizens across the globe pushing for a complete ban on GMOs because of feared but not proven risks. The EU previously banned the cultivation of GMO crops but now allows member states to decide whether to permit GMO crops.

In North America, a vast majority of crops there are genetically modified, and the United States has no official legislation banning GMOs. Most commonly, packaged foods made from sugar, corn, soy, and canola are genetically modified.

In Africa, Algeria and Madagascar have banned GMOs, and in Asia, Turkey, Kyrgyzstan, Bhutan, and Saudi Arabia. In the Americas, Belize, Ecuador, Peru, and Venezuela have all banned GMOs.

Kenya was also one of the countries in Africa that banned GMOs but one of the first presidential actions taken by President William Ruto was the lifting of this GMO ban. In a gazette notice, the government allowed millers and anyone to import maize duty-free for six months. The maize can be GMO or non-GMO.

The president based his decision to lift the ban on the drought being experienced in the country. One of the advantages of genetically modified maize is it can be resilient in difficult growing conditions, such as drought, or be able to withstand an infestation of weeds or pests to still produce a good yield.

Lifting the ban has been controversial, however, and even intriguing because unlike all other decisions Ruto has made thus far, there is dissent within his own government regarding this GMO decision to lift the ban.

While Cabinet Secretary Moses Kuria says its okay for Kenyans to die eating GMO foods—an unbelievable and crude assertion by anyone, let alone a cabinet secretary, other known Ruto allies are speaking against lifting the ban.

One of them is Senator Chergei who is calling for the gazette to lift the ban and allow the importation of GMO maize to be rescinded. However, Chergei and others are not basing their opposition to the lifting of the ban on safety considerations, but on the grounds importing this GMO maize is against the interests of farmers.

The controversy has escalated to a group of MPs seeking the removal of Kuria as CS for Trade because even before the ink has dried on the gazette notice, A ship carrying 10,000 tons of maize docked at the Mombasa Port leading to a suspicion some powerful cartel is behind both the lifting of the ban and importation of the maize.

For his part, the president has gone mum since he lifted the ban, leading to speculation he may not be for the decision, but his hand may have been forced.

Given farmers are concerned their crops may be devalued with a flood of GMO maize, it would be prudent for the CS for Trade to rescind the notice lifting the ban on GMOs at least until after this season’s harvest.

The national assembly can then deliberate on whether to keep or lift the ban.

 
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Posted by on November 27, 2022 in Politics

 

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Will President William Ruto’s Visit to Washington Unite Kenyans in Diaspora?

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My Star column this weekend for thos unable to go past the paywall:

There were more than 535,000 Kenyans living abroad as of 2020 with most of them living in the United States with nearly 157,000 Kenyans living there. The United Kingdom followed closely with about 140,000 Kenyans living there that year. The rest are scattered in different countries in Europe, the Middle East, Africa, and Southeast Asia.

These Kenyans in the diaspora send money back home that has been increasing annually and is now a big part of the Kenya economy. According to the Central Bank of Kenya, a Diaspora Remittances Survey, conducted between March and May 2021 showed that remittance inflows to Kenya increased tenfold in the last 15 years reaching an all-time record of USD 3,718 million in 2021. That is more than 453 billion Kenya shillings or 3% of Kenya’s GDP.

The substantial increase in remittances over the years is similarly matched by increased interest and involvement in Kenyan politics by these Kenyans living abroad. Indeed, the recently held general elections saw unprecedented organizing and participation of Kenyans abroad in supporting either Azimio or Kenya Kwanza as the two groups battled it out during the campaign.

As one of those who was deeply involved in both diaspora and ground Azimio campaign efforts, I was saddened to discover that for many Kenyans, pettiness, self-serving toxicity, and pure jealousy that has been the poison that has killed many efforts to unite Kenyans in the past was still alive and well.

In 2005, a handful of us in Washington was invited by the World Bank to form what we called the Kenya Diaspora Network (KDN). The objective as given to us by the World Bank was to organize Kenyans in the US to channel their remittances in a more productive manner that encompassed investment back home.

Forming KDN was a noble notion and we made great strides in our weekly after-work meetings at the World Bank offices to implement the vision but in no time, KDN grew to a larger group that included the poison that killed the initiative.

The same poison was alive and present in the now-failed Azimio campaign effort to elect its leader Hon. Raila Odinga. Similar poison was alive and well in the Kenya Kwanza coalition, but the difference is, the coalition’s leader was hands-on and more effective in making sure this did not adversely impact his campaign.

Even as there was the counter-productive infighting, backstabbing, and elbowing for positions that did not exist within the Azimio campaign, and less so in the Kenya Kwanza campaign, Kenyans in the diaspora were for the first time heard by the leading presidential candidates who each promised to do something about addressing their needs once in office.

President William Ruto added diaspora affairs to the foreign affairs docket and appointed a principal secretary for the unit that is now under Dr. Alfred Mutua as the cabinet secretary. All is well and good.

The question that remains is whether Kenyans in the diaspora can shake their political affiliation back home and unite for their common good. It is possible, but if history is anything to go by, it is not going to be easy.

In fact, the odds are the needle will only move ever so slightly toward that unity simply because the underlying reasons why the country is so divided have yet to be addressed.

The president has indicated his wish to have a side-bar meeting with Kenyans when he comes to Washington next month for the Africa Leaders’ Summit.

In making the announcement, Kenya’s top diplomat in Washington Ambassador Lazarus Amayo emphasized that this president’s desire to meet with Kenyans in Washington comes with an expectation that the meeting must reflect the reality the elections are over and that Ruto is now president for all Kenyans. The ambassador advised therefore the organizing and conduct of that meeting must reflect this reality.

In other words, the impending meeting of the president with Kenyans in Washington must be done in a manner that is non-partisan and inclusive of all Kenyans who wish to participate, and not as a UDA affair.

If that happens, we will make great strides in finally uniting Kenyans in the diaspora.

 
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Posted by on November 20, 2022 in Politics

 

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Dissing trump Majorly

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The conservative daily tabloid New York Post has finally had it with trump. After cheerleading and propping up the now one-term failed former accidental president of the United States, the Daily Post and other notable former avid supporters of the orange man are making it known they have had it with him.

In today’s edition, the Daily Post did not splash trump’s moronic and destructive announcement of yet another presidential bid on its front page, rather, they comically noted the event at the bottom of the page pointing the reader to page 26 of the paper for the full story.

Well, on page 26 you find a beautifully narrated short coverage that basically says it’s a dog bite man story that deserves not even a few inches of coverage they have given the non-story.

Brilliant.

Looking forward to the orange man taking a wrecking ball and whacking to smithereens what’s left of the former Republican party the last presidential vote loser has already irreparably damaged.

This is particularly sweet because Democrats don’t really have a stand-out candidate who can beat a serious Republican contender besides the joker. So, the options are having a rematch of 2020 in which case Biden will easily trounce the joker as he did in 2020, if the Republicans don’t wise up and reject him (trump) at the primaries or if Democrats nominate someone other than Vice-President Kamala Harris to get the job done.

In other words, anyone Democrats nominate other than Kamala Harris will easily win against the insurrectionist and wannabe dictator but thank God most voters, and now including even his own former supporters see through the phoniness and narcissistic tendencies which are no good for anyone but him, let alone country.

It was good riddance in 2020 but obviously, the narcissist can’t take rejection at the polls as an impediment to further making a fool of himself. Note even his own daughter Ivanka who he speaks so highly and at times inappropriately so did not make it to the announcement event where security refused to let anyone out of the banquet hall for fear the hall will clear soon after a tired looking trump finished reading something written for him and started his usual incoherent rumblings.

Again, I hope Republicans make the mistake again and nominate the conman, and going by what we know, they will!

 

 

 
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Posted by on November 16, 2022 in Politics

 

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Murkomen Has Disclosed SGR Contract, Now What?

SGR

My Star column this weekend for those unable to subscribe in the diaspora:

Transport and Roads Cabinet Secretary Kipchumba Murkomen posted on his Twitter account that he shared the secretive SGR contract with Parliament Majority Leaders Kimani Ichung’wa and Aaron Cheruiyot for tabling in the National Assembly and Senate. Before this, nobody knew what this SGR contract entails as its crafters kept it a secret for more than 8 years.

Even without knowing its details, we’ve known from the stench emanating from where it was hidden that the SGR contract was no good for consumption.

We now know from the disclosed documents that the Mombasa-Nairobi phase of the SGR construction cost Sh327 billion, while the extension to Naivasha cost Sh150 billion.

Kenya had not a dime of this money, so we borrowed all of it from China. To be sure, Kenya, like all other African countries has a great need for infrastructure to boost our economic growth. Upgrading transportation infrastructure is therefore on its face a worthy endeavor as poor road conditions, railways, and ports raise transit costs rendering our goods less competitive internationally. In this context, revitalizing, standardizing, and expanding Kenya’s rail transport was imperative.

However, the question is whether SGR cost is worth it, and will the government be able to repay the colossal loan from China? Ask anyone whether all the money borrowed went into actual construction or was some of it eaten, and the answer you will invariably get is, yes money did go into the construction but a lot of it was eaten as well.

This is the now what phase Murkomen must tell us. Will the CS now have a forensic audit to establish exactly who ate what and tell us? Even more importantly, will the CS aggressively lead in efforts to hold those who have eaten from SGR accountable?

That is just getting started but there is more in the now what phase of this disclosure.

A question that has been asked and not fully answered is whether SGR makes economic sense. This is a question that has been asked since SGR inception back in 2012. As expected, the government told us, yes, SGR makes total economic sense.

Doubters, including leading economists like Dr. David Ndii argued otherwise. Ndii, for example, told us that the planners of SGR assumed that the new train system would generate enough revenue to cover operating costs and loan repayments, but this has not been the case. According to Ndii, and the latest available data, while SGR revenues are up, the system is still running at a loss.

This is primarily because the Kenyan government has struggled to get businesses to use the line. On the other hand, the SGR is primarily used for imports, meaning trains return to Mombasa largely empty. Moreover, according to Ndii and other economists, the promised uptick in Kenya’s GDP growth has not materialized, and it remains doubtful whether the railroad even has the physical capacity to pay for itself.

Ironically, Ndii, who vowed during the campaigns to move out of Kenya were then-presidential candidate and now President William Ruto to be elected president is now fully on board with the new president and serving as his economic advisor.

How does Ndii now advise Ruto to deal with the SGR behemoth of an economic and debt over-burden? To a layperson, the most obvious thing that needs to be done is to first find and recover monies eaten before, during, and after the signing of SGR contract.

The government should then renegotiate the SGR contract and have its terms more aligned with the economic realities of operating SGR.

It is curious the language proposed, which the government agreed to in the SGR contract provides that the government and China agree to use their best efforts to resolve any dispute through consultation in “good faith”, but the same provision also guarantees that China’s rights under the contract will not be disturbed.

At the same time, the government surrendered her sovereign immunity, which means we as a country are at the mercy of China as to what happens with the SGR boondoggle.

Murkomen and his boss can score points if they find a solution that turns SGR into a worthy and viable investment.

 
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Posted by on November 11, 2022 in Law, Politics, Siasa

 

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DPP Haji Should Resign

Haji

My weekly Star column is locked for non-subscribers but because subscribers without a Kenya number in the diaspora are not able to subscribe, I am making the column available here as well. And now the column as published in the Star:

Director of Public Prosecutions Noordin Haji escalated his long-running feud with former Director of Criminal Investigations George Kinoti, claiming that the criminal justice system was deployed for political witch-hunting ahead of the August 9 elections.

Before one deciphers or tries to understand what is going on here and the implications, it is helpful to keep a few truths in mind:

There are people who have committed murder but owing to who they are and more importantly, the resources they have, they are free and will never be held accountable.

There are people who have committed economic crimes but owing to who they are and more importantly, the resources they have, they have altogether avoided being charged and if they have been charged, the cases against them have languished in the system or they have simply been made to disappear, including formal dismissal.

There are people who have committed no crime but are doing a hard time and others who may have committed petty offenses but are serving excessive punishment that does not match the offense committed.

The 2010 constitution was created to in part address each of these miscarriages or no carriage of justice. Starting with fixing the then rot in the judiciary, the 2010 constitution and operational regulations cleaned up the judiciary and gave rise to hope justice can be finally found there.

To help in that endeavor, the framers of the 2010 constitution created a very powerful office of the Director of Public Prosecutions (DPP). Among the powers given to the DPP, is the power to prosecute anyone without seeking or getting consent from anyone, meaning, the DPP has the power to proceed or not to proceed against anyone, including the president who is for all other purposes his or her boss.

The DPP, among other things, enjoys an 8-year security of tenure, which is longer than even a single term of a President, and removing him or her is no easy walk in the park. A tribunal must be empaneled to remove a DPP from office.

The framers of the 2010 constitution also created the Directorate of Criminal Investigations and whose functions are clearly defined and fall under the direction, command, and control of the Inspector General of the Police. Unlike the DPP, the DCI does not enjoy the security of tenure and his or her independence is limited.

It is therefore mind-boggling why there has been this feud between Haji and Kinoti.

To hear Haji tell it, the DPP was unduly pressured by the DCI who he even accuses of having provided him with fake documents and evidence. The DCI for his part accuses the DPP of the same. The DPP even insinuates that he felt pressured by the media and bloggers to institute prosecutions when that was not coming from the DCI or higher forces.

This admission by the DPP is fatal.

Article 157 of the constitution, which sets forth the DPP’s powers provides that in exercising the powers conferred to him or her, the DPP “shall have regard to the public interest, the interest of the administration of justice and the need to prevent and avoid abuse of the legal process.”

The DPP has admitted that he allowed abuse of the legal process by bringing forth cases he already knew—or according to him, he knew had no factual or legal basis to prosecute. This was an abdication of his responsibility and in gross violation of his oath of office for which he should resign.

The constitution provides a legal mechanism to remove a DPP and Haji has been subject to this effort before. In one of those matters, the family of slain Dutchman Tob Cohen sought the removal of Haji from office, citing Haji’s mishandling of Cohen’s case. The Cohen family also argued in court documents that the DPP lacked the requisite experience to have even been hired as DPP, to begin with and that he had never set foot in any known courts of law prior to being appointed to the DPP position.

The efforts to remove Haji failed but, rather than inviting another opportunity to have him removed from office, Haji should do the honorable thing and resign.

 
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Posted by on November 6, 2022 in Politics

 

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