Mr Daniel Mwangi and his daughter, Ms Wanjiru Mwangi, have petitioned the High Court to order the Ethics and Anti-Corruption Commission to open an investigation into Interior Cabinet Secretary Kipchumba Murkomen, Kapseret MP and Presidential bagman Oscar Sudi and Gatundu North MP Elijah Kurura in connection with alleged grabbing of a 300-acre piece of land in Runda estate in Nairobi, worth Sh20 billion.
Mr Murkomen has protested his innocence in the matter and there is no doubt the other gentlemen have, too. However, if these allegations were to turn out true, it would mean two things.
First, there is no chance that EACC would open an investigation into the CS for Internal Security, no way. Secondly, it would mean the elevation of the abuse of State power for criminal enrichment to a whole new rarefied level; it is not corruption on steroids, it is corruption on amphetamines – and cocaine.
Again, if this were to turn out true, it is normal for a man who is about to take a major risk, to confide in a friend, trusted colleague or support infrastructure, for counsel and possibly buy-in, just as a small step in risk mitigation. This is my middle-aged way of asking, what we are seeing is the smile, where is the bloody Cheshire cat? If you want to go out on a limb, you might even ask, if these three gentlemen are the figleaf, who is the Adam? Is this a conspiracy to abuse the constitutional authority of the State to deprive a citizen of property rights; meaning that the sovereign power of the people has been turned against them? Is it possible to steal 300 acres in one of the posh estates of the city without the knowledge and support of all the powerful figures in the State ecosystem? It is a breathtaking revelation of abuse of power taken to levels rarely, not never, seen before.
I have been arguing, many times just with myself, that what holds us back from progressing even more than lack of resources and skills as a society, is our low trust culture. Everyone is a crook: if you give your cousin or some relative an assignment, a Probox starts gleaming out of their eyes.
Kenyans see even the smallest job as an opportunity for corrupt enrichment. It has become so bad that even small farmers are recruiting from Burundi whose workers are more faithful. Ten years ago I met a Kenyan man in New York who had a small delivery business. He told us that he does not hire Kenyans, he hires Latinos who are honest, hard-working and will always get the job done.
Kenyans on the other hand are unreliable and dishonest, in his experience. This is not a condemnation of every Kenyan, it is a description of our goon culture in all its manifestations.
The use of State authority for corrupt enrichment is nothing new, unfortunately, maybe it is now heading towards being institutionalised. But powerful people also corruptly use the power of their offices to deprive citizens of other rights such as the right to assemble, petition the government and ask for accountability.
Those in power at various levels will use criminal methods to take away the citizen’s ability to exercise that protected right. On June 25 last year, during protests commemorating the one-year anniversary of the 2024 Finance Bill marches, hundreds of men armed with whips, clubs, and machetes attacked a peaceful protest in Nairobi’s CBD.
They were later identified as members of the Congo Boys gang from Kawangware and the Kibera Battalion, another goon troop. Video evidence and eyewitness accounts showed police officers standing by - and in some cases, providing a “buffer”, as the goons assaulted protesters and raped fleeing women. Gang leaders were reportedly paid Sh2,000 per member, with funds traced to a senior legislator’s aide. A week to the anniversary, a counter-protest was staged by some 200 boda boda riders, who were nothing more than a gang on two wheels. They disrupted a sit-in at the National Police Service headquarters.
Citizens were demanding justice for the death in police custody of blogger Albert Omondi Ojwang. The riders were coordinated through a “youth leader” linked to the Nairobi County Executive. They were used to “reclaim the streets” by driving through crowds and physically dragging protesters away from cameras. The riders were allowed to enter restricted “Red Zones” (near State House and Parliament) that were strictly cordoned off for the general public, evidence that they had State security clearance.
In June and July 2024, peaceful Gen Z protests were systematically sabotaged by organised looters. State institutions were accused of “renting” gangs from Kayole (the Gaza gang) and Dandora to attack protesters as well as loot and burn business premises to discredit the protest movement.
Activists and journalists filmed buses ferrying these individuals from slums into the CBD at dawn. A Cabinet meeting on July 4, 2024, later admitted the protests were “infiltrated”. Investigative reports by the Daily Nation revealed that six prominent politicians and a Nairobi businessman had facilitated the “logistics” of this infiltration.
So what happens to a society in which the State corruptly uses its authority and/or makes common cause with criminals to deprive the citizenry of its rights? That’s how failed states are made.
