William Ruto is creating his own deep state

“Deep State” is an alleged secret network of especially nonelected government officials and sometimes private entities (as in the financial services and defense industries) operating extralegally to influence and enact government policy (Merriam Webster Dictionary)

Over the years, supporters of Prime Minister Raila Odinga have always believed that his presidential victories since 2007 have been stolen by Deep State. They believe that had it not been for Deep State, he would have finished his second term as President in 2017. And since the handshake and continued camaraderie with the President’s inner circle began, this tune has now changed to, “We have the votes. Now we have Deep State. Baba The 5th!”At the same time, the UDA (Jubilee in Opposition) side of the Government has been lamenting for everyone to hear that they are being frustrated by Deep Statewhich like their ODM counterparts, they say now favours Raila Odinga.

To ODM supporters, the usual suspects in Deep Statehave been the CS for Interior/Internal Security and his often-powerful Principal Secretary, the Head of Public Service (and Secretary to the Cabinet), the Police Chief and the Director General of the National Intelligence Service. To have these people on their side is the final bullet their leader Raila Odinga needs to occupy State House.

Despite not having Deep State, ODM always believed they had the Judiciary on their side going into elections with the exception of 2007. They have always had a lot of praise for the Judiciary. The courts even handed them several symbolic wins in the run-up to the last two General Elections that greatly bolstered this faith in the Judiciary when filing presidential petitions. This was part of the reason they were overconfident going into the 2013 Presidential Petition that when the Supreme Court issued that infamous quarter-a-page joke of a ruling, they were devastated. They were totally blindsided and I doubt they will forever forgive CJ Emeritus Dr Willy Mutunga for this.

When (former Chief Justice) Maraga’s Supreme Court nullified the 2017 Presidential Elections, ODM was somewhat vindicated that all they needed were institutions that favoured them for their leader to become President. That is why there is joy and celebrations whenever they see the likes of Interior CS Fred Matiangi and PS Karanja Kibicho allegedly fighting their opponent believing the two to be the fulcrum upon which Deep State revolves. And as if on cue, the UDA side led by their Party Leader William Ruto has been on the attack against these two and other elements within the security services like the Director of Criminal Investigations George Kinoti branding them Deep State.

But what if while doing this, William Ruto is creating his own Deep State led by IEBC and the Judiciary?

William Ruto knows he has no control over Matiangi and Kibicho – the two people he perceives to be in charge of Deep State as we know it – and has instead chosen to go around this hurdle by targeting elements involved in transition of power that he can gain control over – IEBC and The Judiciary. And it is scary how easily he is taking control over both.

At the launch of BBI at Bomas of Kenya, William Ruto’s longest monologue was against the proposal for a Judiciary Ombudsman – something that most of the Judiciary and elements of Civil Society (including the Law Society of Kenya) was firmly against. He was beginning a long journey of endearing himself to the Judiciary. When the High Court “stopped Reggae”, there were celebrations among Ruto supporters. UDA supporters including Senior Counsels went on a mission to appease Court of Appeal Judges (and thus force them into siding with their opinions on the matter), often declaring that the Court of Appeal was where the best brains in the Judiciary were found. One Senior Counsel even declared that the Supreme Court was the weakest link in the judicial chain.

While Government operatives basked in misguided comfort believing the Court of Appeal was going to let the people decide the fate of BBI, Ruto and his supporters were subtly putting social pressure on the Court to uphold the High Court judgement. In the end, the Court shocked pro-Government mandarins by rendering an even more scathing attack on the Executive and the BBI process. Many pro-handshake observers thinkRutomandarins have infiltrated the Judiciary and are using it to put a stumbling block on every initiative by President Uhuru Kenyatta. And given how the lower Courts have ruled against the Jubilee Administration in a series of judgements over the last three years, it seems they are now on a path to either delegitimize the Supreme Court by attacking its head (CJ Martha Koome)or batter it into submission knowing how sensitive Judges are to negative public opinion.

IEBC has not been left behind. IEBC Chairman WafulaChebukatiis not a man known to be quick to react to public outcry or even at all (something Mr Odinga’s supporters know too well). In fact, it is because of his imperviousness to public opinion that he is still presiding over IEBC after the Supreme Court indicted him and his team for bungling the 2017 Presidential Elections. But the man has had no shame – until now! Within 48 hours of William Ruto and his people complaining about the Multi-Sectoral Forum on Elections Preparedness, Chebukati withdrew IEBC from it. One almost feels that he is taking instructions from Ruto and I would not be surprised if that statement of withdrawal was written by UDA-affiliated lawyers.

Looking at the well-orchestrated attacks on the National Security leadership - DCI Kinoti is facing jail time and the Inspector General Hillary Mutyambaimay follow suit for failure to effect the arrest of the DCI; CS Matiangi and PS Kibicho are being attacked daily - Ruto is systematically dealing with all possible stumbling blocks. At this rate, the entire National Security leadership could be facing jail by the time we go to elections.

As ODM supporters celebrate their dalliance with what they think is Deep State, William Ruto has reconstituted it and filled it with the rest of thenon-security elements he needs to get to State House in IEBC and the Judiciary while actively weakening National Security leadership.

Strange times these are.