Look the gift cow in the mouth

It might be bad manners to look a gift cow in the mouth, but if you are paying for it, you absolutely must.

A decade and a half ago, a Kenyan company received a buyout offer from a multinational competitor producing a direct rival product.

The Kenyans said: OK if you give us a good deal, why not? Second, the multinational asked the Kenyans to pause production for just a short period while the deal was being hammered.

The Kenyans were duly flown to a big capital, and received with great ceremony in big offices by big multinational kahunas.

Unfortunately, certain force majeure intervened, which the multinational insisted was causing delays in the consummation of the deal.

It pleaded with the Kenyans not to restart the production until the situation was resolved and they could resume under the new ownership. Don’t worry, they were told—most probably by word of mouth or some other legally non-binding methods—we will take care of any losses or costs incurred.

The Kenyans continued to pile up costs, mainly fixed costs and some variables. For example, rent had to be paid. And they could not lay off their workers since the stoppage was only, allegedly, temporary.

Secondly, their suppliers were getting ever more nervous with each passing day. Thirdly, by being out of the market, they had effectively removed the reason the multinational wanted to buy them. Lastly, each passing day made a return to the market even more daunting.

Their customers were either lapsing or shifting to their suitor/rival’s product; mounting costs and nervous suppliers made a comeback a mountain to climb.

Anyway, when the multinational finally got in touch to say “Sorry, the circumstances do not allow us to proceed with this transaction”, the die was cast. Suppliers moved to enforce their debt and attached the firm’s assets, crippling it.

Raise questions

In this life, you must ask: Why are these folks being so nice to me and offering me a deal? Why are they making the request? What am I selling? What’s my negotiating strength, without which I do not matter?

The talks between the party of government, Kenya Kwanza, and the opposition, Azimio la Umoja, is a fantastic opportunity to resolve long-standing issues in this country.

Hardliners on both sides cannot wish each other away—Kenya Kwanza is in power, confirmed validly elected by the Supreme Court, no less.

On the other hand, Azimio is a big political force, commanding half of the vote and with a sizeable delegation in both the Senate and the National Assembly. And it contests the election of Kenya Kwanza, the lack of legal options notwithstanding.

How, then, should this situation be resolved? First, Kenyans must acknowledge that, under a presidential system, it is almost impossible to enforce a hung parliament because the party of the President will always buy independents and MPs from the small, weak parties.

Bi-partisan reform process

If I remember well, Kenyans never wanted a pure presidential system anyway. Therefore, the focus should shift to a bi-partisan reform process with three super-ordinate objectives.

First, is to entrench and strengthen democracy by institutionalising the offices of the opposition even further: Create a powerful office of the Leader of the Official Opposition and a Shadow Cabinet, paid for by the taxpayer, which will be an alternative government, keeping in check the party in government.

Secondly, investigate the 2022 election and carry out reforms that will cure, once and for all, the endemic complaints and rejections of election results.

In my opinion, certain election offences should become capital offences and those who benefit from rigging or wrongly claim to have been cheated, are barred from taking part in elections.

Similarly, election and court officials found guilty of conduct in furtherance of election offences should face long jail terms, even life sentences.

On the question of power-sharing, the involvement of the opposition should only be to the extent that it does not undermine its oversight role: There must be a strong, well-resourced and motivated team keeping the government in check.

Opposing, criticising and not supporting the government is not a crime or wrong; it is the right of every citizen, politician or not. Every Kenyan, so long as they have the requisite skills, has a right to serve in the government and public service.

The presumption that the highest qualification for the civil service is ethnicity, friendship or political affiliation is primitive.

Lastly, a national bi-partisan initiative against corruption should be a mandatory part of any deal between the parties. Left unchecked, Kenyans will steal even the country’s name.

The lawlessness being reported, involving public officials reportedly taking people’s property by force, and the abuse of office by public officials to, according to media reports, organise the invasion of private property, is a level of escalation never seen before.

Believe me, if corruption is not vigorously fought, Kenya will be a failed state in your lifetime.

And, of course, if you ever buy a toothless cow, the fault is entirely yours.

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