Defiance and Activism During the Mwai Kibaki Presidency in Kenya

The 1990s were characterized by high level of civil society based defiance in Kenya. There was the clamor for democracy, human rights issues, and economic issues that defined people’s engagement with the government. Moi’s regime suffered due to the world oil crisis that started in 1973, the end of the cold war and the politics of aid that saw donors play a significant role in national politics. Introduction of structural adjustment programmes and related failures strained relations between the state and international development actors. Consequently, external actors buoyed by the democratization wave pushed African countries (Kenya included) towards multi-party democracy and regular elections. The unwillingness of regimes to adopt the democratic ideals led to international actors working with agitators, activists by funding the programs of CSOs by anti- regime activists. Pro-democracy organizations and individuals received a lot of support from democratic networks from Europe and America.

International pressure, coupled with internal clamor free and fair elections led to a raft of changes in the late years of Moi’s regime. Opposition parties worked closely with CSOs and pushed for given reforms. To consolidate their vote, the opposition leaders united with rebel ministers from the KANU regime in the National Alliance Rainbow Coalition (NARC. This coalition enjoyed a landslide victory over president Moi’s appointed successor.)

The Kibaki regime was a relatively calm period in terms of activism. Political activism was not as acute as had been during the Moi era. The first few years of Kibaki regime were characterized by optimism and reform. Each ministry in the Kibaki government seemed to be effective and efficient. Notable ministries were the transport ministry under Michuki, Roads Ministry under Raila, and Health Ministry under Ngilu and Water Ministry under Martha Karua. Kenyans breathe a sigh of relief for instance when Michuki introduced and successfully enforced Michuki rules. Raila took the radical approach of demolishing structures on road reserves and road renovations. Ngilu introduced health reforms that were pro-common mwananchi. Kenyans were noted to be among the most optimistic people on the planet then.

The Kibaki regime was a relatively calm period in terms of activism. There were many misgivings with the Kibaki regime such as rampant corruption, human rights abuses especially extra-judicial killings of Mungiki, escalation of ethnic inequalities and higher ethnic polarization (Chege, 2009). However, political activism was not as acute as had been during the Moi era. Since the departure of Moi from the political scene, it would seem academicians are no longer interested in political activism. This could be explained by the fact that most radical academicians were subsumed by being incorporated into the Kibaki administration. The apathy that has characterized academicians taking a back seat during the Kibaki regime led to relative none critical engagement in shaping national ethos. Everything was assumed okay and everyone wanted to belief all is okay until the country exploded into post-election violence in the aftermath of the 2007 general elections.

According to Chege (2009), the colonial government as well as the postcolonial regimes has used education and repression towards entrenching rhetoric of sycophancy that helps negate or silence dissent. For Chege (2009) the NARC regime co-opted most of the radical intellectuals, politicians, and prominent and seasoned members of the civil society into the political class. Consequently, “the nation is in dire need of a new crop of intellectuals to redirect national discourse by countering the ethnic fetish that now dominates national psyche, including institutions of higher education” (Chege, 2009).

Academicians in Africa, in general, have often resorted to leading quiet lives and disengaging from contestations about public policy and governance. This is because, as was the case especially during the Moi era, scholarly discourse was discouraged and government crackdown on intellectual freedom was eminent. Ironically, the more tolerant regimes like the Kibaki and Uhuru regimes have not emboldened university lecturers and students. Unlike their predecessors during the Kenyatta and Moi regimes, that were highly repressive, current lecturers and students have little impact and interest in influence governance and public policy discourse in Kenya.

For many Kenyans, the victory by NARC was a dream come true. This was a culmination of efforts by many political activists against the Moi Regime. The new regime was a collection of most political activists, radical scholars who had joined the opposition in the fight against the excesses by Moi and heads of civil society movements that had been at the forefront of fighting against Moism or the Nyayo regime. The optimism with the NARC regime was short lived as cronyism, corruption, patronage, political intolerance, impunity took centre stage. While things in the country deteriorated and the worst came to happen in 2007, political activism from our university has not reemerged to provide intellectual discourse to inform public discourse on the ills of the present.

When NARC government took over, many people were optimistic because all tribes were represented in it. However, some of the issues that the united leaders indicated they would address is Majimboism, equity and fair representation. When Kibaki and Raila fell out, Majimboism was one of the main contentious issues in the constitution making process. In the end, it was one of the determinant factors in the constitution referendum in 2007. Perceived ethnic inequalities led to heightened demand for a federal system of government. Agitation for a new constitution was among other things clamor for federalism. The compromise was the current devolved system of government. Since adoption of devolved system of government, ethnic polarization has not reduced due to perceived ethnic interests represented by each political party and the government.

The fall out between Raila and Kibaki over an MOU signaled a new wave of bickering in Kenyan politics. The bickering found space in contestations over the new constitution. There were other misgivings with the Kibaki regime such as rampant corruption, human rights abuses especially extra-judicial killings of Mungiki, escalation of ethnic inequalities and higher ethnic polarization. However, since the departure of Moi from the political scene, it would seem academicians are no longer interested in political activism. This could be explained by the fact that most radical academicians and civil society activists had been incorporated into the Kibaki administration. The NARC regime co-opted most of the radical intellectuals, politicians, and prominent and seasoned members of the civil society into the political class.

Chronology of Events during the Kibaki Era

The 2000s

2002 - Media Bill

One of the last things the Moi regime did was to attack the media. In the hot political atmosphere of 2002, efforts were made to control media and publications. In May 2002 a new unpopular media bill was passed. It requires publishers to purchase a bond for 1million Kenyan shillings before publishing. The move scared off a number of minor publishers, especially in the magazine sector, as they could not afford the bond. Such like moves made the media to play an important role in opposition politics in the run up to the December elections.

2002 - Uhuru Nomination

The nomination of Uhuru marked the decline of KANU. It led to Raila leading rebels into forming LDP. LDP was to later form a coalition with NAK and the Kibaki Tosha moment by Raila was informed by ethnic calculations. The combinations of Kalenjin and Kikuyu voting blocs in KANU would have ensured a KANU win in 2002. However, by supporting a Kikuyu, the opposition remained consolidated.

2002:  New Dawn, NARC government

The ouster of KANU through defeat of Uhuru Kenyatta by Kibaki was seen by most Kenyans are a rebirth of the nation. Many Kenyans were excited and their independence day expectations and aspirations were rekindled. They had hopes that a just society would be realized; social injustices would be addressed and a meritocratic society established by NARC. The opposition was widely supported by Civil Society organizations. Consequently, the government co-opted many leading civil society activists and academics into government. Such civil society leaders and academics included Prof. Anyang Nyong’o, Waangari Maathai, James Orengo, Kivutha Kibwana.

To signal the new dawn, In January 2003, a new chapter in the fight against corruption in Kenya was opened. The Government introduced a bill in parliament, which proposed the formation of an ethics and anti-corruption commission. The bill passed and an ardent Moi critic John Githongo was appointed anti-graft czar. The intents and measures put in place by government led to IMF resuming lending to the government of Kenya citing the anti-corruption progress made.

2003- Anti-corruption commission

In January 2003, a new chapter in the fight against corruption in Kenya was opened. The Government introduced a bill in parliament, which proposed the formation of an ethics and anti-corruption commission. The bill passed and an ardent Moi critic John Githongo was appointed anti-graft czar. The intents and measures put in place by government led to IMF resuming lending to the government of Kenya citing the anti-corruption progress made.

2003- Immunity for Moi

While it had been widely expected that Moi would be held accountable for atrocities and economic crimes during his reign, in December 2003, the Government decided to grant former president Daniel Arap Moi immunity from prosecution on corruption charges.

2003- The Ndung’u Land Commission

The commission reported on the various ways that were used to grab land and how presidential powers were abused in land allocation. An example was how land set aside for the Nairobi by-pass was allocated to individuals. There were quite a number of interesting findings, which included inter alia that, massive illegalities on land were committed after the 1992, 1997 and 2002 multiparty elections.

2003- Euro Bank Scandal

It caused a political storm in Kenya after the collapse of Nairobi Based Euro Bank. This resulted in a loss of 1.4bn Kenyan shillings (£11.6m; $18m) which state organizations had deposited in the Bank. State Losses included; The National Social Security Fund lost 256m shillings (£2.1m; $3.3m), the Kenyatta National Hospital 421m shillings with the biggest casualty being the National Hospital Insurance Fund, which lost 479m shillings in the collapse. Other state losses incurred were from Kenya Post Office Savings Bank Sh65 million, Kenya Tourist Development Corporation (KTDC) Sh60 million, Kenya Pipeline Company Sh55 million and Kenya Sugar Board Sh55 million. This saw the resignation of Nahashon Nyagah the Governor of the Central Bank of Kenya and John Munge the Kenya Revenue Authority (KRA) Commissioner-General who was a director of Euro Bank, and had previously worked at another bank that collapsed.

2005 referendum and The Sacking of Orange Ministers

By the time of the 2005 constitutional referendum, Odinga had become a fierce critic of Kibaki.  The referendum itself was the result of a tortuous process of constitutional reform.  Kibaki and Odinga had agreed to institute this reform – long called for by many politicians in Kenya – when they took power.  Odinga believed that Kibaki had agreed to a diminution of presidential powers and the creation of the post of prime minister with extensive executive powers – a post that he expected to hold. 

Reform proved hard to agree and it was two tortuous years before a draft was agreed at what was called the Bomas conference – the draft was broadly based on a reduction in presidential powers and the creation of the post of prime minister.   Kibaki was not happy with this version and changed the draft prior to the November referendum.  This resulted in a fiercely fought and violent referendum campaign.  Odinga forged an alliance of groups from Luo, Luhya and Kalenjin communities and political leaders, which was in direct opposition to Kibaki and his allies

The referendum was a turning point; departure between pro status quo brigade and the pro reforms brigade.  The NO vote at the referendum started the ethnic balkanization in post Moi Era. Kibaki dissolved his cabinet, appointing a new one drawn from the “Yes” camp, irrevocably splitting the alliance, which had defeated Moi. In addition to the controversy and bitterness over the referendum, Kibaki’s incumbency saw none of the redistribution of land, wealth or solving of historical land and other grievances that Odinga’s supporters had hoped for when they joined him to form the National Rainbow Coalition.  The president was seen by many Kenyans as ruling for the benefit of a small group of politicians and businesspersons, who became known as the Mount Kenya Mafia. Many Kenyans outside the political and business elite saw the president’s economic policies as benefitting the rich and further impoverishing and marginalizing the poor.

2005-2006-   Anglo leasing Scandal

The lack of trust in government was aggravated when John Githongo revealed the mega scandal in 2005 and had to go into exile for fear of the powerful politicians involved. John Githongo revealed the mega scandal in 2005 and had to go into exile for fear of the powerful politicians involved.

The Anglo-Leasing Scandal/Corruption Scandal in Kenya (1997-2006) was among the many corrupt deals that were inherited from Moi Government that had ruled Kenya for 24 years. Even though the new NARC Government came to power with a promise to fight corruption, which some effort was put but completely watered-down by the magnitude of the Anglo-Leasing Scandal. Some corrupt civil servants and cabinet ministers happily inherited graft projects and nurtured them. Former Internal Security Minister Christopher Ndarathi Murungaru and former vice-president Moody Awori were said to have been the biggest beneficiaries of this particular scandal

A detailed report on the same was released on 22^nd of January 2006 detailing involvement of senior government officers and inaction on the part of the president. A detailed report on the same was released on 22^nd of January 2006 detailing involvement of senior government officers and inaction on the part of the president. Politicians seeking defense against accusations of corruption used ethnic mobilization. The impunity and desire to maintain the status quo while ignoring opposition agitators as noisemakers played an important build up the 2007 post election violence.

2007 Post Election Violence

In late December 2007, the delays in the ballot count and the controversy over the announcement that Mwai Kibaki had been re-elected as President of Kenya sparked an outbreak of violence, which mounted in intensity and brutality and continued for months.  Between 1,200 and 1,500 people died and over 660,000 were displaced from their homes and localities. Protest and violence, clearly sparked by the election, rapidly took on the appearance of an ethnic struggle between Luo and Kalenjin supporters of Raila Odinga and the Orange Democratic Movement (ODM) and mainly Kikuyu supporters or perceived supporters of Kibaki’s Party of National Unity (PNU). The major accusation against a number of radio stations broadcasting to the Kalenjin, Luo and Kikuyu communities in their own languages was that they were deliberately and knowingly increasing ethnic suspicion, directly advocating violence against “others” and disseminating messages of hatred and incitement. The Post election violence continued in the form of SDLF activities in Mt. Elgon and led to MRC agitations at the coast (communities that felt marginalized and did not trust the state to handle their issues).

The post election violence led to many happens. Many activists focused on peace building and justice for victims emerged. The likes of Okiya Omtata became famous with his chaining antics protesting police brutality. The post election negotiations led to formation of coalition government and the important AGENDA FOUR. The violence led to establishment of Waki commission, which then introduced the issue of ICC in Kenya.

Formation of grand coalition government and related grandstanding influenced everything that happened until 2013. For instance, the appointment of Willy Mutunga as chief justice was because of Raila rejecting Nominees. In the grand coalition government, Kibaki did not seem concerned with uniting the country. His focus was more on economic growth and anything else was upumbavu. This kind of attitude led to activism concerned about cost of living and equity in the country. Ethnic political mobilization remained constant as each partner in the coalition maintained its ethnic support as cushion against bad faith by other partners.

2008- Okiya Omtata

On 17^th of January Okiya Omtata chained himself to the gates of police headquarters protesting use of live bullets and excessive force by police when dispersing demonstrators.

2008- Waki Commission

In February of 2008, the commission was established to investigate the post election violence. Unlike other commission, an act of defiance, the commission did not hand over the list of perpetrators to the president but rather handed over the list to Kofi Annan. The commission recommended that a local tribunal be set for trial of perpetrators of post election violence in a given time or the envelope it be passed on by Annan to ICC for action.

2008- ICC – The OCampo Six

The naming of the Ocampo 6 was a turning moment. It led to Uhuru (a Kikuyu) uniting with Ruto (a Kalenjin) to fight the ICC cases. The cases were used in whipping emotions and ultimately defined the political direction in the country towards 2013. The cases changed ethnic affiliations in Kenya as the perceived enemies joined and allies turned on each other.

2008- SDLF in Mt. Elgon

Land clashes in the Mt. Elgon region had persisted since 1992. The sabots had formed a well-armed militia called Sabaot Land Defense Forces. Following numerous atrocities by the militia on the locals, the government did sent troops to track them down in March 2008. The militia was subdued, many arrested but also many human rights concerns emerged through reports by locals, and organizations like human rights watch.

2008- MRC at the coast

Mombasa Republican Council is said to have been formed in 1999 to address issue of marginalization of the people at the coast. In 2008, it became vocal with secession demands. They claimed that the 10-mile coastal strip is historically not Kenya hence they have a right to self rule.

November 2008-     Arrest of Activists at Jeevanjee Gardens

On 14 November, Wangui Mbatia and Ken Ochieng Onguka of KENGO were arrested at Jeevanjee Gardens and charged with inciting public. They were distributing t-shirts with messages on MPs salary taxation and full implementation of Waki report.

December 2008-     Food Protests

On 12 December 2008, President Kibaki was forced to end his speech due to heckling from protesters against increasing food prices. The protesters included civil society activists and journalists who wore black t-shirts and brandished red cards. Police arrested over 20 protesters.

2009- Kenyan Maize Scandal

It was a scandal in over the sale of imported maize. In late 2008, the government to allow capable businesspersons to import maize to supplement the local produce that was short of the minimum required to satisfy the local market lifted the ban on importation of maize. In early 2009 after parliamentary debate on a maize scandal, William Ruto was accused of illegally selling maize by Ikolomani MP Bonny Khalwale (Public Accounts Committee chairman). Parliament’s deputy speaker accepted all the documents bearing the National Cereals and Produce Board seal that linked Mr Ruto to the illegal sale of maize.

The scandal alleges that the following events might have taken place:

The Strategic Grain Reserve awarded briefcase millers, existing only on paper, some of whom were defunct at the time when the scandal unfolded, large quantities of maize. They accomplished this by inflating their milling per-hour capacity and having 4 Permanent Secretaries approve them.

The briefcase millers and local businesses that were either awarded quotas by the SGR or awarded import permits by the NCPBK (National Cereals Produce Board of Kenya respectively might have also re-directed the bags of maize outside the country to avoid price controls stated by the government and thus make bigger profits.

Some of the maize imported in 2009 by local businesses was certified unfit for human consumption and might have been released into the market after directions of senior government officials.

2009- Triton Oil Scandal

The 2009 Triton Oil scandal involved the unauthorized releasing of oil by Kenya Pipeline Company (KPC) without informing financiers. The scandal became public in January 2009. The release of the oil occurred in 2008 when Triton Oil Company was allowed by KPC to withdraw oil amounting to Kshs 7.6 billion or (US$98.7 million). The company collapsed shortly afterward, withdrawing the oil and selling it to the market. Triton Oil was owned by Yagnesh Devani. Kenya has issued a warrant to arrest him, but as of January 2010 he was at large and believed to be in hiding abroad. The story over this is slowly dying out

2009- Draft National Land Policy

Published by the ministry of lands to implement the Njonjo’s and the Ndung'u’s Commissions. The policy was directed at achieving efficient, sustainable and equitable use of land. The recommendations were that land be provided for independently in the constitution as opposed to the way it was provided for under the larger umbrella of Property. Marginal groups including, inter alia, children, persons with disabilities, some communities and even, women had little or no access to land.

In summary, apart from massive violation of the provisions of the Trust Lands Act Cap 288 of Laws of Kenya  and the Lands (Group Representative) Act Cap 287 of Laws of Kenya, there was lack of adequate legal attention and treatment for land owned by the community, land owned by minority groups and surprisingly, individualization undermined traditional resource management institutions and ignored customary land rights. Following this policy land was classified as private, public or communal land. 

2009- Sessional paper No 3 of 2009

It acknowledged that there were too many statutes dealing with land and proposed harmonization to bring about efficiency and transparency. The government was obliged to:-

ü  Repeal the land registration stipulations of the Registration of Titles Act

ü  Repeal the Land Adjudication Act Cap 284 of Laws of Kenya.

ü  Repeal the Consolidation Act Cap 283 of Laws of Kenya

ü  Enact a Land Registration Act Cap 300 of Laws of Kenya

ü  Amend the Land Titles Act Cap 282 of Laws of Kenya

ü  Amend the Registered Land Act.

2009- Death of Kingara and Oulu of Oscar Foundation

In March 2009, two human rights activists were gunned town in Nairobi’s CBD. The police were accused of being behind the murders and it led to protests from among others university students

2009- Activists Petition the ICC

The Kenya Human Rights Commission (represented by Hassan Omar) and ICJ represented by Kegoro among other civil society organizations petitioned the ICC to take over and thoroughly investigate Kenyan post election violence.

2009- Resignation of Martha Karua

On 7^th April 2009, Martha Karua resigned from Cabinet citing interference in her duties. For instance, the president unilaterally appointed judges without involving her ministry.

2009- Madaraka Day Heckling

Just like Mwalimu Mati and group had done on Jamhuri day of 2008 and they were clobbered, Boniface Mwangi, Eric Orin and others were beaten after heckling the president during the Madaraka day event.

2010 and Onwards

The New Constitution 2010

One of the greatest achievements of the grand coalition government was enactment of the new constitution in 2010. There was enough jostling, lobbying, support and opposition to the new constitutions or some of its provisions. The Christian faiths were at the forefront of activism against the new constitution. The new constitution set in motions various changes and related activism. One such product of the new constitution is the CIC, NLC, NCIC among others that have been at the forefront of advocating for certain ideals. Civil society organization have emerged that seek to encourage implementation of the constitution. Organizations like TISA, TI are now actively involved in accountability matters at the county level.

The Constitutional provisions were informed by the Ndung'u Report, the Njonjo Commission and the Draft National Land Policy among other documents and historical events. Article 40 of the constitution provides for sanctity of property rights. It acknowledges individual rights as well as rights in association with others to acquire and own property.

Limitations are drawn against the state to ensure no legislation or state action deprives a person of any rights over or interests in land. Compulsory acquisition for public purposes is permitted but full payment, or compensation must be promptly done.    The final provision of this Article is that the state enacts legislation to ensure protection of the right to property.

Chapter Five (Article 60-72).

This section of the Constitution is wholly dedicated to Land and Environment.  There is little difference between Chapter 5 and the Sessional Paper No 3 of 2009, the recommendations of the Ndungu Report and the Njonjo Commission because Chapter 5 simply implemented the Reports.

Article 60

Principles of land policy are spelt out and shall be implemented through a national land policy.
Land is classified as public, community or private under Article 61, which further acknowledges that all land in Kenya belongs to the people of Kenya. Before the 2010 Constitution land was classified as Government Land, Trust Land or Private Land.

Article 62, 63 and 64 discusses the three classifications of land. Article 67 establishes the National Land Commission and Article 68 obliges Parliament to revise, consolidate and rationalize existing land laws as well as enact legislation to govern conversion of land, govern matrimonial property, and limit land-holding acreages for private land.

2010- Tokyo Embassy Property Purchase Scandal

The Embassy Property Purchase Scandal is a scandal that resulted in the Kenyan Minister for Foreign Affairs Moses Wetangula leaving his post. Wetangula left his ministerial post, on October 27, 2010, due to ongoing investigation on his alleged involvement in the Kenyan Tokyo embassy scandal. It was alleged that instead of accepting free property from the government of Japan for the embassy, 1.6 billion shillings was withheld from the sale of Kenyan property in Nigeria and used to buy a less suitable property. Wetangula returned to the ministry in August 2011, though he permanently left the position a few months later.

2011- Enactment of the Environment and Land Court Act (No. 19 of 2011)

This Act established the Environment and Land Court, empowered the court and limited its jurisdiction. This Court is aimed at ensuring land issues are determined within a period of time that is reasonable. This Act repealed the Land Disputes Tribunal Act, 1990.

2011- Dr. Willy Mutunga Appointment

15^th June heralded a new era in the judiciary following the appointment of Willy Mutunga as Chief Justice. He was a former detainee and a celebrated civil rights activist. Many people believed he would breathe fresh air into the justice system while others feared the judicial activism would be the order of the day.

2011- GM Maize Protest

On 1^st July 2011, farmers and anti-GMO activists marched in Nairobi protesting introduction of GMO food in the market

2011- Protests in Lamu

On 3^rd October 2011, there were protests in Lamu over security concerns. This was after Somali militants abducted a French tourist from Lamu and took her to Somalia.

2011- Kenyan Troops Move into Somalia

Following alshabaab attacks and targeting of Kenyan interests e.g. abducting Europeans in North Eastern and at the coast, in October of 2011, president Kibaki ordered troops into Somalia. This move was met by some level of resistance among some Muslim faithful.

2011-2014-   Radicalization of Muslim Youth

Kenya’s war against alshabaab increased radical sentiments among sections of Muslim faithful. There were clerics that were accused of using the mosques to spread messages in support of the jihadists. For instance on 31^st of August 2012 the Muslim Cleric Aboud Rogo was gunned down leading to protests by Muslim youths. Radicalization of Muslim youth is not tied to Kenya’s fight against alshabaab alone but also perceived historical injustices against Muslims (Muslims in the country feel they have been marginalized). The Muslim agenda in Kenya has been advanced by organizations like SUPKEM, MUHURI etc

2012- The Land Registration Act No 3

It simplifies the process of Land Adjudication. After enactment of this legislation, titles issued under the Registered Lands Act and the Registered Titles Act continued to be valid but the Registrar is mandated to issue new titles in the prescribed form. This Act also repealed the Indian Transfer of Property Act, 1959 and the Land Disputes Tribunal Act; Cap 303 of the Laws of Kenya (1990).

 2012- The National Land Commission Act; No. 5

Following the establishment of the Commission by Article 68 the Act makes further provision as to the functions and the powers of the Commission. The Commission is mandated to manage public land and recommended a national policy on registration of title. However, it should be noted that, the Land control Act Cap 302 of the Laws of Kenya, the Landlord and Tenant (Hotel, Shops and Catering Establishments) Act 1996, the Sectional Properties Act 1987 and the Distress for Rent Act have not been repealed. 

2012- NHIF Civil Servants Scheme Scandal

The NHIF Civil Servants Scheme Scandal is an alleged scandal relating to irregularities that were revealed in the Kenya Civil Servants scheme at the National Hospital Insurance Fund (NHIF) in early 2012. The alleged irregularities included payment to ghost clinics, un-procedural selection of clinics and creation of an unapproved unit at the NHIF. The scandal was subject to a probe by the Health Parliamentary Committee. Most of the alleged claims were found to be incorrect with time by various enquiry commissions; however, investigations are still going on.

2012- IEBC Tender Committee resigns

Citing interference and corruption the IEBC tender committee resigned. Earlier on in November 2012, unknown assailants attacked Okiya Omtata for raising concerns about BVR Kits. He lost six teeth because of the beating