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                                                        Supreme Court of Kenya

                                                                       Yes, We Can!

None will forget the success story behind this short sentence nine years ago. The campaign that started in Illinois, USA when the junior US senator Barack Obama announced he was running for presidency, ended up bringing to the White House the first African American President in the American history.

The real lesson from this slogan is that nothing is impossible, nothing is set up to last forever. Anything can change if efforts and strength are invested. From the African perspective, we were skeptical to seeing American electing a black president. Afterward, it happened, Obama was elected. The doubt, fear, and resilience were not enough to stop the energy that was propelling the young candidate. Yes, he did it.

In 2007 Kenya, one of the young multiparty democracy and stable countries in Africa, went through political turmoil due to election contests. The controversial victory of Mwai Kibaki over Raila Odinga plunged the country into a bloodshed that left more than 1000 dead and half a million internally displaced, and a country divided on a tribal line basis. The relative stability and peace preserved so far since the independence unveiled its unseen fragilities lying underneath for years, and potentially explosive for the country.

In 2013 progress was made showing that many issues have been addressed from the 2007 experience. Although Raila Odinga did not accept the results, the Supreme Court declared Uhuru Kenyatta President elected and confirmed that the elections were credible, fair, and free. That time, frustrations ended up in lower number of deaths

The 2017 elections are the most interesting both for the country itself and the continent. On August 7, the former US president Barack Obama, whose father was Kenyan, called for consensus and acceptance of results. On the day of results proclamation, we all held our breath! Knowing what happened in 2007 and 2013, the uncertainty was real to what could be the outcome. After the announcement of Uhuru Kenyatta reelection by the IEBC, Odinga rejected the results, calmed his supporters, and promised to use legal ways to contest them, arguing that they were hacked. On September 1, the Supreme Court nullified the election results, and three days later announced a new date for a new presidential election. The very first time in Africa. Here is our takeaway.

First, for every election in Africa, the international community sends independent observers who serve as witnesses and give their point of view on how was the election process. In the Kenyan case, the observers said that the process was fair and there was nothing to complain about. That said, if the Supreme Court had found good reasons to invalidate the results of the elections, it means me that the entire process has failed and the observers have failed as well. We really don’t need them. They have shown their limits. The civilian society and political parties are mature enough to serve as election witnesses. By the way, there have never been African observers in Europe or America even though their elections have some issues as well.

Second, Kenyan politicians and justice system have shown maturity. They have learned from the past and decided to act otherwise to preserve peace, unity, and the benefits stability. As George Santayana once said, “those who fail to learn from history, are doomed to repeat it.” While Odinga was holding his supporters from unrests on streets, the president Kenyatta was deceptively accepting the supreme court’s decision. At the end of the day, the winner is not Odinga, nor Kenyatta. The real winner is the people who have been given a second chance to truly express their voices. The winner is the people who, thanks to the wise Supreme Court’s decision, have been protected from potential unrest, riots, and bloodshed. The winner is the Kenyan people who, proudly, can rely on their justice system.

Finally, Kenya has taken a leading step in showing the real meaning of separation of powers on the continent. For now, we understand that it is possible to have an independent judiciary system working in symbiosis with the executive and the legislature for the benefit of the citizens. There have been so many postelection issues in Africa. And in so many cases, the justice has always been with those already in power, assuming directly its dependence. But for now, Kenya has tried and shown that it is possible for justice to remain independent and play a fair game. Yes, even in African we can have an independent and reliable justice.

What comes next after October the 26th is up to Kenyans to show their maturity once again. The world is watching!

Tragedy Across the Mediterranean Sea

libya-europe-migrants

Since the 2000s there has been a tremendous acceleration of Africans attempting to reach the European coats by the sea. While Italy, the Iberian Peninsula, and the European Union are overwhelmed by the situation, the number of those attempting the adventure keeps growing day after day, and so are victims of shipwrecks.

Here are some facts. According to Human Rights Watch (HRW) 22400 have lost their lives while trying to reach the European border by the Mediterranean Sea since 2000. In 2014, about 3500 have died during. In 2015 and 2016, 3777 and 4576 have died respectively according to the International Organization of Migration (IOM). The latest update from the IOM had reported 2418 deaths in 2017 through August 13.

Causes of migrations
I love my country, but I hate how it is there. If I go back, they will put me to jail” said a 26-year-old from Eritrea arriving at Lampedusa in 2015.

Migrants know the risk they face by attempting to cross the sea. They watch news and hear what is happening to other migrants. The question is why do they keep trying? Why are they so persistent even though the sword of Damocles is hanging over their heads every second of their trip? The reason is that they might have no other choice than fleeing from their homelands. Most rescued report to have gone looking for safety, opportunity, and better living conditions. They just need a guarantee for tomorrow.

Talking about safety recalls all the political and securities issues going on in Africa these days. The political instability and the spread of terrorist groups in the Maghreb and Sahelo-Sahelian area since the Arab Spring, Boko Haram movement in West Africa and the instability in the Delta of Niger, political instability plus Chebbab in the Horn of Africa and the unending instability in central Africa region. All together these facts create uncertainty and fear to people, businesses, and opportunities. As result, people go away to save their life while businesses try to secure their assets, and opportunities just disappear. We truly understand that the lack of safety and security jeopardizes opportunities for all.

Countries of Origins
Migrants come from all over the continent. There are people from Congo, Zimbabwe, Zambia, Uganda, Kenya, Tunisia, etc. However, there is a list of the top nine countries that flow the illegal immigration across the Mediterranean Sea based on the IOM report for 2016 & 2017.

Where African Migrants Come From

If it looks acceptable that a country in a political, security, and economic disgrace such as Somalia appears on this list, it is quite shocking for other countries such as Nigeria, Ivory Coast or Guinea. For many years these commodity economies have had a positive and dynamic economic growth. But again, the lack of strategies allowing their governments to transform those growths into real opportunities for youth, more jobs for the integration of left behinds, and a fair distributive justice has resulted in failed poverty reduction. This brings back to mind our previous article on “Who gets the Benefits from the Natural Resources of the African Continent?”

What to do?
At this point of time, if European leaders seem to be concerned not for humanitarian reasons, but because they are under pressure of their extreme Right-Wings. In the meantime, African leaders are almost quiet. Strange attitude.
I personally believe that this is the right time for reflection and actions. Reflection on what happened in the past, how it affected the continent, and what actions to take to prevent that it happens again in the future. Few centuries ago, the triangular trade forcedly took strong people from the continent to be sold as slaves away, today poverty and lack of opportunities are taking again brave and strong young people away. I think this should stop!!

Instead of being quiet, leaders in Africa should stand up and say it’s enough. Enough of dying while attempting to cross the Sahara or the Mediterranean Sea, enough of going to seek elsewhere what can be found in Africa, a better life. It is enough to let European leaders to tell African leaders what to do for African people. African issues should be solved by African people under African initiatives.

It is also time for reforms in Africa. Institutional reforms will help African citizens to trust and start relying on institutions rather than on people. Moreover, the institutional reforms will help to rooting-out issues such as corruptions, mismanagement, and fraud, and to gain the trust of international partners. There is also a need of policies that promote entrepreneurship and employment creation, which is a very strong strategy in reducing poverty. Finally, and overall there is a need of accountability between policy makers, public administration, and the citizens ‘expectation. The all idea is to create an environment when local resources are leveraged into opportunities and wealth somewhat equally distributed.