Illicit brew

The US tried to outlaw booze for a while and the resulting criminal underworld that thrived due to its underworld trade nearly brought cities like Chicago to its knees neck deep in gang wars led by the likes of Al Capone.

Its rather daft to ban a popular drug/drink or substance that has desirable effects when consumed. Especially when these desirable effects include ignoring how badly the incumbent government is screwing you over. A short history of how we got to the state we are in in Kenya can be found here.

As I write this there are over 130 people admitted at hospitals around central Kenya and a whopping 60 + DEAD after consuming laced unregulated alcohol. I refuse to use the word illicit because it seems to legitimize expensive poison and demonize the cheap variety.

Kenya and in particular Central Kenya is not surprised by scenes of  relatively young men staggering around in drunken stupors in the middle of the day. There have even been protests by the women with complaints that they are not getting satisfied conjugally. This means that both the Husbands and the Mpango wa Kandos are all too drunk to deliver the goods. This is actually very worrying and should not be tolerated.  Kazi kwa vijana indeed.

Accompanying the staggering men are instances where the brewing was hastened or the concoctions added did not balance out very well and unfortunately some of our brothers(Invariably its males) bite the dust or go blind. At most its about 2 or 3 guys in isolated cases and we communally shake our heads, wag our fingers and take another sip of our beers as we change the channel.

This has however become too real and too serious for life. My campus class was composed of some 30 guy and guyettes. So a full 2 classes of peeps are no more in pursuit of happiness.

Mututho will of-course gloat in the aftermath asking for more money to annoy us with ineffective messages of un-cool teenagers trying to sell the anti-booze message.

In my opinion the indulgence is not the problem. Its the regulation and the buggers who sit between the law makers and the law abiders, the Police. Anyone who has sat at a local bar knows the drill. At a particular hour just like clockwork, the police will come by and collect protection money from the bar owner. Swanky joints I am told send directly to the OCS if they have all their documents in order.

Smaller seedier joints have to deal with the guys on patrol. Whether you are cooking Busaa, methanol, ethanol or a witches brew so long as you pay up and keep your head down, no cop gives a f***. And I place this squarely at the Executive’s feet. The laws are there and the courts work fine. Zero enforcement of the law on the ground when it doesn’t involve extracting money from the public.

Enhanced by Zemanta

Why the new IDs have nothing to do with security

As is becoming rather regular with our government, roadside or podium side declarations are the order of the day with no clear or predictable policy direction. The latest one is the decision to issue everyone with a new ID card.

Every one is to get a new fangled ID with your full biometric features along with NHIF,NSSF,PIN no. and possibly your MPESA no.

Ofcourse the last bit is less emphasized and the need to get on top of the security situation is the most publicized trait. This is all well and good but they plan on using the birth certificate to prove citizenship or as the base document to prove your claim as a son/daughter of the soil. The same document used for the old IDs. Not too sure what is supposed to change.

English: Kenyan passport
English: Kenyan passport (Photo credit: Wikipedia)

Now kids as old as 12yrs of age will be given IDs. I still don’t know why this is necessary but I trust there are very smart bureaucrats and this requirement is somehow security related.

Either way I doubt the drive to get new fangled IDs with supposed full proof Biometric details is based on security threats. Alshabab do not need IDs to throw grenades. And as far as I can tell they have my face and fingerprints already. Infact since I lost my ID and had to get a replacement, they have a another full set. I have full faith in the record keeping abilities of the authorities and am sure they have even Mzee Kenyattas prints, along with all the other Random Mau Mau guys who got booked by the British.

So the story that they need to beef up their bio-metric records is hogwash unless they want to start collecting DNA samples. So whats the point you ask? Well as I always say, follow the money. Having your bio-metrics tied to your NHIF, KRA etc makes it damn easy to push new taxes on you and to milk you properly in the event that you have somehow been forgetting to fill your income tax forms. Of course they can tie your ID to all these systems already but we all know how lazy our dear government is. They would rather create a whole new system as opposed to trying to make the existing ones talk. Like the President wanting us to report directly to him whenever we see corruption. Report to the President not the Ethics and Anti-corruption Commission. You cant make this stuff up.

So Serikali wants to track you properly or rather track your transactions properly. more control of your accounts= more revenue for KRA = more money to buy jets to bomb the Alshabab = increased brownie points with the public = reelection for incumbent = more looting by political types = more taxes to close the deficit. Get where am going with this?

Am rather sad though that my new shiny ID is going to have such a short life. I wonder who gets these contracts for printing IDs. I never see any advertisements.

Do you?

 

Enhanced by Zemanta

Spoilt Votes Issue

There is a brewing issue that may force the ongoing Kenyan elections go into the runoff stage.

As of last night, based on the provisional results that were on all TV screens, the no. of rejected votes were upward of 300,000.  This is a disturbingly huge amount and if it was attributed to a candidate, he/she would be the 3rd highest in the presidential running. The debate is on what to do with this category of votes. Both of the front runners are nervous that it will erode their percentages in the total pool and thus ruin their shots at winning in the first round. Not including them in the final tally for cast votes would make the chances that a first round win is possible.

Here is a post I found by a good friend on Facebook breaking down what the legal situation is like.

50 +1 OF THE CAST VOTES MYSTERY

The constitution provides that that a candidate shall be declared elected as president if the candidate receives more than half of all the votes cast in the election and at least twenty five per cent of the votes cast in each of more than half of the counties. Either Uhuru or Raila requires 50 + 1 and at least 25% of all votes cast in 24 counties. Whereas there is no contention as to whether both have met the county votes requirements, there is an emerging debate as to whether the requirement on the 50+1 of the votes cast includes the spoilt votes and/or the rejected votes. 

A ballot box is defined as a transparent container with a slot on the top sufficient to accept a ballot paper in an election or in a referendum but which prevents access to the votes cast until the closing of the voting period. The law further stipulates that the ballot boxes should be fairly transparent or translucent and be colour coded prominently and distinctively to identify the respective elective post and shall correspond with the colour of the ballot paper for that elective post. 

IEBC is required to ensure that that the voting method/ system is simple, accurate, verifiable, secure, accountable and transparent. IEBC is also required under the constitution to ensure that the votes cast are counted, tabulated and the results announced promptly by the presiding officer at each polling station and that the results from the polling stations are openly and accurately collated(emphasis mine) and promptly announced by the returning officer and to ensure that appropriate structures and mechanisms to eliminate electoral malpractice are put in place, including the safe keeping of election materials. The word collate means to compare critically, sort, analyse. I do not think that IEBC has exhausted its mandate on collation of cast votes in relation to the rejected votes.

Votes cast

The phrase votes cast has not been defined in the Kenyan law. However, to cast one’s vote means to place one’s ballot paper in the ballot box. A ballot paper means a paper used to record the choice made by a vote and shall include an electronic version of a ballot paper or its equivalent for purposes of electronic voting.

Is a rejected vote a cast vote?

We did not vote electronically, so the votes or choices were expressed in the ballot papers and voting was completed the moment the papers were placed in the ballot boxes. If the rejected votes were cast in ballot boxes, then they form part of the votes cast. Noting that to cast a vote means to place a ballot paper in a ballot box by a voter as an expression of choice, my view is that rejected votes are votes cast and should be factored in the 50+1 requirement.

Rejected votes and valid votes

Under the elections regulations, at the counting of votes at an elections, a ballot paper or a vote can only be rejected for the following reasons:-
a) For the reason that it does not bear the security features determined by IEBC e.g serial number or stamp, or size, or marks etc;
b) Where a person has voted for more than one person in the same ballot paper;
c) Where something is written or so marked in the ballot paper which makes it uncertain for whom the vote has been cast;
d) A vote which bears a serial number different from the serial number of the respective polling station and which cannot be verified from the counterfoil of ballot papers used at that polling station; or
e) A ballot paper which is unmarked.

There is no requirement that these ballots should be put in the right ballot box for them to count. Further, IEBC is given the power to interpret the intention of voters. A ballot paper which is not marked in the right place but clearly expresses the intention of the voter should not be rejected. For example which someone puts a mark which runs out of the box in the paper but does not run to another person’s name is valid. Even if a person puts a tick and X and even writes a name that does not necessarily identify the voter against one person only, that vote is valid. Accordingly, out of the cast votes, a valid vote is one which bears a clear intention of expression of choice in favour of only one candidate.

Unsolicited advice to IEBC

In my view, the votes placed in the wrong ballot papers should not be rejected. They were validly cast votes. My advice is that IEBC should sort all the rejected votes under all categories to ensure that the valid votes placed in any ballot paper is sorted, placed in the right category and counted. If 350,000ballots were erroneously placed in the presidential ballot box, if this is multiplied by the 6 categories for argument’s sake, we end up with an alarming 2,100,000 ballots or choices which were cast in the wrong ballot box. I think IEBC should take the responsibility of sorting out all the rejected votes and include them in the final tallies. This could change the fortunes of many candidates. IEBC should exhaust its mandate in law and sort out the good votes in the wrong ballots and add them to the provisional results. 

Josephine Kogweno
Nairobi based Lawyer

Ahmednasir Abdullahi of the Nairobi Law Monthly fame is breathing fire and brimstone  as a result of this debacle. I fail to understand though why he is quoting American laws, we ain’t American and any precedent set would not necessarily apply here right?

I am watching this closely and the outcome or precedent set here should be history making.

 

Enhanced by Zemanta

Nairobi Half Life

Finally got to watch Nairobi Half Life , the single most sought after flick in Nairobi for the latter half of 2012.

The flick follows the trials of Mwas as he chases his dream in the big city and the tough life lessons he is forced to learn on the fly.

I will not bore you with a synopsis or plot spoiler as this is a flick EVERYONE seriously needs to watch from the young(over 18 though) to the ancient.

Quite frankly I was impressed by the quality of the production, the solid characters, totally believable dialogue/ language and for a good story well told. The film industry has finally come of age in Kenya and if such productions could be fully locally produced (including funding that is) then we are set for bigger things and the real life George Mwangi’s out there would have a fighting chance in their pilgrimage to the green city in the sun.

Now on to my rant.

I wanted to pay for the chance to see this movie. I didn’t.  The only avenue however was to walk to the nearest cinema, pay and sit for 2 hrs and walk out feeling nice about myself for supporting local actors/productshizzles.

For starters I do not modify my habits to conform to commercial interests (Unless good music and cheap beer happen to intersect) and thus finding 2 hrs that coincide with the movie schedule at the Westgate mall proved to be a rather complex affair. There are no other options of finding the flick anywhere else unless you are a Nairobi resident. Guess the Nairobi Half life tag extends to availability? The DvD comes out in a month or two. Who has time to wait that long ?

Now this just displays what is wrong with the local film industry and why we are unlikely to get millionaire film stars before vision 2030 is realized. The business model clearly follows the American model. Hype a movie, release to cinemas only, milk the cinema revenue for as long as possible and release the DVD just about when people are getting tired of the hype or when another release is being hyped. This works beautifully in the western world due to their consumption culture and general behaviour to do what they are told.

Africans in general and Kenyans in particular are a peculiar lot. They tend to follow the path of least resistance. This path is not necessarily always legal or for the general benefit of society but it is taken nonetheless. Fighting this is like fighting the sun. Not exactly the brightest idea. In this regard, Pirating a movie is not considered a crime. Just good economic sense. Don’t shoot the messenger. He will live, hunt you down and shoot you.

The Nigerian model is thus more applicable to the local market. Directly compete with the pirates for distribution of your productions or even use them. License select pirates for exclusive access to your merchandise. If you cant beat them join them maybe?

Oh well, I am that much more entertained and the actors,producers,etc are not richer by virtue of me.

Aluta continua.