Kampala, Uganda – On November 11, 2016, the Anti-Corruption Division of the High Court in Uganda convicted three former top officials in the Ministry of Public Service who had been found guilty of engaging in syndicate corruption leading to the loss of Ush 88 billion ($25.5million) from government coffers. The scam involved payment of money to ghost pensioners through Cairo Bank in Kampala. This conviction bodes well for President Yoweri Museveni’s current slogan ‘Kisajahakunamchezo’ translated as ‘Tenure of no jokes.’
The conviction has cemented the position of the Anti-Corruption Court in Uganda as the division of court with the highest conviction rate of well over 90% since its establishment in 2008. The court is double-edged – it handles cases of corruption from the public and private sectors.
The rare lucky suspects that managed to survive this court did so only with the intervention of top officials in government, and they have either been ministers or relatives of the First Family. Examples of these can be found around scandals like the Global Fund against Malaria, HIV and Tuberculois or the Katosi Road project.
You would imagine that a specialised anti-corruption court that boats of such a sky-high conviction rate would send a message to officials in public and private offices about how perilous it is to engage in corruption.But no, public officials continue to plan and execute corruption. The vice remains as pervasive as ever.
Recent discoveries indicate that months after she had been appointed, ‘Superwoman’ Allen Kagina wrongly paid a Chinese road construction company Ush21.9 billion ($6.3 million). The company had no formal agreement and engagement with UNRA
The view of anti-corruption activists in Uganda is thatthe system nets and convicts ‘small fish’while the bigger fish swim unfettered. A case in point is the scam in the Office of the Prime Minister over five years ago where syndicated corruption led to loss of more than Ush 60 billion ($17.3 million) meant for the Peace, Recovery and Development Programme (PRDP) for the war-torn northern region and Karamoja sub-region. More than half of that money was donor contributions.
It was a syndicated master act involving the Office of the Prime Minister, the Ministry of Finance and the Bank of Uganda. Donors were incensed andretorted by cancelling aid to Uganda. The damage to the economy and image of the country was colossal. The nation expected to see top echelons in these ministries and agencies taking political responsibility by resigning or the appointing authority wielding the axe.
In the end, it was the same old story. The president absolved the prime minister and permanent secretary of any wrong doing. Only one man, the principal accountant, was convicted while the other architects of the scam were protected.
In April 2015, the famed anti-corruption fighter, Allen Kagina, who had overseen a massive turnaround against the corruption that had ravaged the national tax body, the Uganda Revenue Authority, was appointed to head the Uganda National Roads Authority (UNRA). Kagina arrived as ‘Superwoman’atUNRA, an agency where corruption was a byword. Ms.Kagina had served as Commissioner General for over 10 years.
Ironically, recent discoveries indicate that months after she had been appointed, the ‘Superwoman’ wrongly paid a Chinese road construction company Ush21.9 billion ($6.3million). The company had no formal agreement and engagement with UNRA.The Parliamentary Committee on Commissions on Statutory Authority and State Enterprises in October 2016found out that UNRA paid China Railway No.3 Uganda for the construction of the Nansana- Busunju Road even though the real company doing the job is China Railway No.3 China, with which they signed a contract.
CORRUPTION: THE LIFEBLOOD OF THE SYSTEM
Waking up to a flashing news headlines about a new corruption scandal in government has to many Ugandans become the norm rather than the exception. Transparency International’s Global Corruption Perception Indices and other international yardsticks for measuring corruption have continued to rank Uganda in the league of the most corrupt countries in the world.
Uganda boasts of a comprehensive legal and policy framework to fight corruption. The problem is enforcement.The current regime,whichhas been in place for over 30 years, is thriving througha well-orchestrated patronage system. Corruption is apparently the lifeblood that keeps the system running.
The country has evolved a highly commercialised political culture where money talks, and sometimes shouts. When it shouts the truth it is silenced, sometimes definitely, and the patronage system soldiers on from one year or term to the next.
Election campaigns have been so expensive that credible people have been discouraged from offering themselves for elective positions. In the recent 2015-2016campaigns, the incumbent president outspent his competitors taken together by over 90%.
Financing of parties and election campaigns has ushered in another trend of corruption, manifested in unauthorised use of state resources for partisan political purposes; quid-pro-quo or acceptance of money in return for an unauthorised favour or the promise of a favour after being elected; and vote buying.
A report on campaign spending on the 2016 presidential and parliamentary elections released by Alliance for Finance Monitoring (ACFIM) in May 2016 alludes to the fact that the incumbent president financed his own campaigns. The source of this money remains undeclared. Suspicions are rife that the power of incumbency may have been exploited to encroach on national funds. Over half of the Members of Parliament that stood on the ticket of the ruling NRM party were bankrolled by the president himself. He is also the chief financier of the party.
Parliament has been reduced from an organ of the people’s sovereignty to a rubberstamp of the regime in power. The ruling party boasts of a sweeping majority of about 75% of the MPs in the house. Policy decisions are not decided in parliament but in caucus meetings of the party in power.
People who have been appointed to manage state institutions including those that fight corruption, pay more allegiance to the appointing authority and are proud to refer to themselves as ‘cadres of the Movement’ – the National Resistance Movement, the party in power. It is not uncommon to hear people appointed to government institutions say ‘Mzee has awarded me.’ Criticism of the poor performance of the people appointed to these institutions is interpreted as criticism of the regime in power.
These trends show that Uganda is heading towards a patrimonial state;some argue that we are already there. A patrimonial state is a form of governance in which all power flows directly from the leader.
THE BUDGET AS A TOOL OF THE RULING PARTY
The national budget has been turned into a political tool for the ruling party. Resources from the national budget are used to reward supporters of the political system. Politicians are running businesses and businesses are running to politicians for survival. To survive in business in Uganda today, one must have political support. When politicians run businesses, the likelihood that state resources will be diverted to bail out those businesses is higher.
But the more explicit challenge is that businesses run by politicians have mastered the art of circumventing the tax systems. Firms that fall in that category are not only being run with funds obtained corruptlybut also under-declare their imports, incomes and profits to evade tax.
Uganda’s economy is consequently in trouble. Business owners tell us that since 2015, daily sales have gone down by almost 30%. Some are unable to meet their monthly loan premiums to the banks. Companies are struggling, some closing and othersabout to. Crane Bank, which two years ago was one of the top four banks in the country, was recently going under until government intervened. Perhaps this is one of the effects of overspending during the election campaigns of 2016.
And now there is an elephant in the room! The national Constitution has a provision that bars a person aged 75 years and abovefrom contesting the presidential elections. The current president is 72 years old and will thus not be able eligible to contest for re-election in 2021. If past experience is anything to go by, it is unlikely that this provision will be respected. Like night follows day, parliament will amend the Constitution to remove the age limits on the presidency. President Musevenihimself says he is not interested in amending the Constitution but word from the corridors of power indicates the contrary.
In a survey of MPs in the 10th Parliament conducted by the Alliance for Finance Monitoring in September and October 2016, the majority of MPs (74%) – including those on NRM ticket– said theywould oppose any motion to remove the age-limit provision in the Constitution. However, sources sayopportunistic MPs are hoping to profit from this finding. They are setting the price of lifting age limits at Ush200 million ($58,000) for each MP.
These are the salient features of corruption in Uganda, a country where individuals are stronger than institutions. Citizens have sold themselves to politicians through vote buying, rendering themselves incapable of holding elected leaders accountable. The youth have pockets of vibrancy but lack leadership and many of their leaders have been co-opted into the ruling party system.
THE VANISHING ROLE OF CIVIL SOCIETY IN FIGHTING CORRUPTION
President Yoweri Museveni has once again restated his resolve to stamp out corruption, revamping the rhetoric he has dished out over the past three decades. The only difference this time around is that he has gone ahead to code name this five-year term in office as KisanjaHakunaMchezo. It remains to be seen if the so-called big fish will finally answer for the high-level corruption scandals they have been engaged in.
The Inspectorate of Government (IG) – the institution mandated to fight corruption – has designed a web-based database system (IG ODS) that will enable leaders to declare their income, assets and liabilities online. The Leadership Code Act 2002 enjoins high ranking political and technical officials to make these declarations.The IG expects all officials concerned to use this online system to make declarations by March 2017 or face consequences such as losing their current positions. This ‘innovation’ is funded by DfID’s SUGAR project (Strengthening Uganda’s Anti-Corruption Response).
Declarations made under the Leadership Code Act 2002 are neither displayed for public scrutiny nor verified by the Inspectorate of Government. The IG lacks the wherewithal to verify all the declarations. In my view, this is obviously a non-starter.
The Office of the Auditor General (OAG) continues to conduct value for money audits. Reports are submitted to parliament and the Parliamentary Public Accounts Committee summons the suspects.
The Public Procurement and Disposal of Public Assets Authority (PPDA) conducts regular procurement audits, yet corruption in public procurement continues to be the most common form of grand corruption in Uganda.
The role of civil society in fighting corruption has been minimal lately, with scattered voices here and there. Organisations that used to be vocal seem to have been re-programmed with the software of fear/self-censorship. Citizens at large seem to have given up. Religious institutions are not offering hope either. Many of them have been co-opted into the patronage network through a series of vehicle and cash donations. The media is largely owned by politicians and businessmen who are feeding off the patronage system.
In a nutshell, the country seems to have suddenly entered what I call ‘survival mode.’Curbing corruption in Uganda is still a losing battle.
Minimum Spending by Presidential Candidates during Uganda Election Campaigns 2015-2016
Source: Alliance for Campaign Finance Monitoring (ACFIM), Final Report 2016: Extended Study on Campaign Financing for Presidential and Member of Parliament Races in Uganda, pp 60-61.
Source: Alliance for Campaign Finance Monitoring (ACFIM), Final Report 2016: Extended Study on Campaign Financing for Presidential and Member of Parliament Races in Uganda, pp 60-61.
The Fire Next Time: ‘Bedroom’ Politics in the Kibra By-Election
11 min read. The Kibra by-election was not so much about the 24 contestants that took part in the race, but was more about a competition between the two biggest political parties, and between two bitter rivals, Raila Odinga and William Ruto. It was also a dress rehearsal for the 2022 elections, which, if this by-election is anything to go by, promises to be highly contentious.
Something startled where I thought I was safest. – Walt Whitman
My Dungeons Shook – The Fire Next Time by James Baldwin
On Saturday 9, 2019, two days after the hotly contested Kibra by-election had taken place and the dust had settled, Raila Odinga, aka Baba, was in an ecstatic mood: he gathered around some of his closest associates that had helped him campaign to retain the Kibra seat by hook or crook for a toast-up at his Karen home.
The ODM party candidate had triumphed over an onslaught that had threatened to torpedo Raila’s iron-grip stranglehold over a constituency that had, over time, become synonymous with his name and political career. But it was a victory that been won with “blood”: Bernard Otieno Okoth, aka Imran, took 24,636 votes while his closest nemesis, McDonald Mariga Wanyama, an international footballer-turned-betting-billboard-face, had carted away 11,230 votes. Although there were no casualties, voters had been roughed up and beaten.
As one of ODM’s foot soldiers from Ololo (Kaloleni estate, off Jogoo Road in Makadara constituency) later confided in me, “There was no way those rural folks (referring to William Ruto’s gang of MPs, mainly from western Kenya, and their supporters) were going to storm our grounds. Hii tao ni yetu, tumekuwa na mzae tangu 90s, na tumepingana vita nyingi sana…hao watu walikuwa wanacheza na nare.” This is our turf and we’ve been with Raila ever since the 90s, and we’ve fought many bloody wars, those people were stoking a war and playing with fire.
As a diehard supporter of Raila Odinga, the stocky foot soldier, now in his late 30s (he is a former bantamweight boxer)m said he had not slept for three consecutive days: “Kibra ni bedroom ya mbuyu na wewe unaleta mbulu pale…utatembea buda.” Kibra is the old man’s bedroom and you want to desecrate it…you’ll pay for it.
He said in those three days, all the foot soldiers’ work was to screen all “foreigners” entering Kibra. This was evident to me because I had also been forewarned by my minders that I should now be extremely careful when going to Kibra for my journalistic work.
And that is all that mattered. The rest of other 22 contestants were neither here nor there, including ANC’s Eliud Owalo, a one-time Raila’s confidante who collected 5,275 votes.
According to IEBC (Independent Electoral and Boundaries Commission)’s 2017 figures, Kibra has 118,658 registered voters and 24 polling stations. In the just-concluded by-election, a paltry 41,984 people voted, constituting 35 per cent of the electorate. In the 2017 presidential election, 18,000 people voted for Uhuru Kenyatta, the Jubilee Party’s presidential candidate. The Jubilee Party candidate Doreen Wasike got 12,000 votes. The 6,000 extra votes that increased Uhuru’s number to 18,000 came from the Nubian community resident in Kibra.
As Raila and his friends were sipping champagne on a sunny Saturday afternoon, Ruto was gnashing his teeth, furious to the point where he refused to meet with the buddies he had campaigned with, according to media reports. However, his chief noisemaker, the rabblerouser Dennis Itumbi, denied that his boss was in a foul mood after the by-election.
Kibra constituency, formerly part of Langata constituency, has been a hotbed of political contests ever since Raila opted to stand in the constituency in 1992, the year the country returned to multiparty politics. Two years before that, in 1990, Raila, who had been exiled in Norway, had come back to Kenya to be part of the “Young Turks” who agitated and pushed for political reforms. He had stood in what was then known as Kibera constituency in the first multiparty general election and from then on Kibera became his enclave. That is why, in the run-up to the by-election, Raila “privatised” the constituency and called it his bedroom, in a (desperate) effort to rally around his troops to vote for Imran and to affirm to his current biggest political rival, William S Ruto, that Kibra was impenetrable to the latter’s political whims.
According to IEBC (Independent Electoral and Boundaries Commission)’s 2017 figures, Kibra has 118,658 registered voters and 24 polling stations. In the just-concluded by-election, a paltry 41,984 people voted, constituting 35 per cent of the electorate.
That is why the Kibra by-election was not so much about the 24 contestants that took part in the race, but was more of a competition between the two biggest political parties, the ruling party Jubilee and ODM, and between Raila Odinga and William Ruto. Imran and Mariga were just pawns in a much bigger and wider plot linked to the 2022 presidential succession political chess game in which the two have staked their ambitions and claim.
Three weeks to the by-election, I met with one of Ruto’s bosom buddies who was coordinating the campaign behind the scenes. “If we wrestle the Kibra seat from the kitendawili (riddles) man, we’ll have completely changed the political map of not only Nairobi County, but of the country,” he had said to me. “We will configure national politics and consign Raila to a corner. And then relish to face him in 2022.”
The Ruto man told me that in the lead-up to 2022, their chief tactic is to draw Raila into a two-horse race, in which case, “I can assure you, we’ll pulverise the enigma [one of the monikers used to describe Raila] once and for all”.
It understandable, hence, for Ruto to have taken the defeat personally and Raila to have gloated – but for how long?
In many ways, the by-election was a curtain raiser, a preamble and a showdown of what to expect in 2022, the year Kenyans once again go to the polls to elect a new president. The violence witnessed in Kibra will be multiplied at the national level. The money that was thrown at the electorate in little Kibra will seem like cash for an afternoon picnic as the chief contestants in 2022 open their war chests to woo an even hungrier electorate, ready to settle scores and be manipulated. The shadow line-ups that we saw falling respectively behind the protagonists will be reshaped many times over before 2022.
The by-election was also about the “big boys” (Raila and Ruto) settling scores and about cementing the burial rites of the already dead NASA (National Super Alliance), the fledgling and motley coalition that brought together Raila Odinga, Kalonzo Musyoka, Moses Wetangula, and Musalia Mudavadi. In addition, it was about the extension of the supremacy battles being fought between the Jubilee Party wing of President Uhuru Kenyatta and its rival that is being led by his deputy – in essence, the trooping of colours between #Kieleweke group and the #Tanga Tanga brigade.
Could this by-election also have signalled the death knell of the Jubilee Party as currently constituted?
The Ken Okoth factor
The by-election was a function of several variables, including what can be referred to as the Ken Okoth factor. Okoth, who died from colon cancer at the age of 41, was the Kibra MP when he succumbed to the killer disease on July 26, 2019.
Okoth was elected in 2013 in the newly created Kibra constituency, which was hived off from the larger Langata constituency to Raila’s chagrin. (This is a public secret.) Even though Okoth was elected on an ODM ticket, he was not Raila’s first choice. Okoth was an independent-minded politician and a popular and well-liked local boy. Home-grown and well-educated, he understood the problems of the infamous Kibera slum like the back of his hand. He was suave, well-spoken and a terribly likeable man.
When he became the MP, he charted an even more independent path: he decided he was not going to be anybody’s protégé. So he cultivated his political friendships across party divisions. As a man who understood the power of education (he was the recipient of a sound education from Starehe Boys’ Centre, where he was educated on a full bursary), he invested heavily in education in Kibra. A good secondary education, like he used to say, had saved him from the clutches of poverty.
Okoth built eight secondary schools in Kibra and expanded many of the primary schools to have a secondary school wing. He rightly argued that since many Kibra parents could not afford to take their children to boarding schools, he would lighten their burden by constructing local secondary schools. He also gave out lots of bursaries to parents who struggled with fees. Any pupil who got 350 points or more in his or her KCPE (Kenya Certificate of Primary Education) exam got full bursary to transition to high school.
Even though Okoth was elected on an ODM ticket, he was not Raila’s first choice. Okoth was an independent-minded politician and a popular and well-liked local boy. Home-grown and well-educated, he understood the problems of the infamous Kibera slum like the back of his hand.
Juliet Atellah, a Kibra resident from Gatwekera village in Sarang’ombe and a double maths and statistics major from the University of Nairobi can attest to this. “When Okoth become MP, he told us education was the key to success. He implored us to work hard in school as he also worked hard to ensure Kibra youth interested in education benefitted from a bursary.” It is something that Okoth continually preached till his death.
Okoth, also, through his Jubilee Party networks, tapped into the National Youth Service (NYS) resources to create some employment opportunities for the youth of Kibra. This cross-cutting political parties’ engagement would land him into trouble with ODM mandarins who accused and suspected him of cavorting with the enemy. “By opting to work with Jubilee Party functionaries, Okoth looked at the bigger picture: what mattered most, according to him, was how best to improve the quality of lives of Kibrans. If the help would come from his presumed ‘political antagonists’ so be it,” said a friend of the late MP.
He relegated the work of managing the bursaries through the Constituency Development Fund (CDF) to his brother Imran. Little wonder then that his brother clinched the ODM ticket, but not without loud grievances. According to my sources within the ODM party, Peter Orero (popularly known as mwalimu), the Principal of Dagoretti High School, and also the former principal of Upper Hill High School, had won the ticket, but to stem the fallout that was going to befall the party as it faced its greatest onslaught from Ruto, a man who was staking his all to capture the seat, Raila opted to hand the ticket to the former CDF manager.
Kibra constituency residents are some of the most politically “woke” electorate that this country has ever produced. Their political consciousness is high and battle-hardened from their brutal fights with the Kanu regime in the 1990s. The people of Kibra know their politics well. This is courtesy of Raila Odinga, who for a long time championed the political struggle for equity and social justice in the country. As their MP, Raila encouraged Kibra voters to fight for their rights and to demand no less than his rightful representation.
But the burden of the “handshake” between Raila and Uhuru Kenyatta had reared its ugly head and it was evident that Raila struggled when campaigning in his former constituency. “With the handshake, Raila commercialised the struggle,” said a politician who has known him since the multiparty struggles of the 90s. “The handshake had confused his base, angering many and disillusioning a great deal of people who had stood with him all the way. Until, the death of Okoth, Raila had not stepped in Kibra to explain the handshake. Instead, when he shook Uhuru’s hand, he headed to Kondele in Kisumu to appease his other equally fanatical base, 300 kilometres away.”
The politician said that Kibra people have yet to enjoy the handshake’s dividends. “Many of the youths who were shot at by police when defending Raila were from Kibra, yet the handshake projects have all been taken to Kisumu. Although the Kibra electorate is still fanatically loyal to Raila, they were also passing a subtle message to him – it about time you re-evaluated your politics with us.”
Kibra constituency residents are some of the most politically “woke” electorate that this country has ever produced. Their political consciousness is high and battle-hardened from their brutal fights with the Kanu regime in the 1990s.
Hence, it was not lost to keen observers that for the first time since Raila began campaigning in Kibra in 1992, he had been forced to solicit for votes beyond Kamukunji in Sarang’ombe ward. “For the first time,” said a resident of Sarang’ombe, “Raila had been forced to campaign in Bukhungu in Makina, Laini Saba, and Joseph Kange’the in Woodley.” As the area MP, Raila would campaign only in Kamukunji grounds and with that he would seal his victory and close that chapter. The rest of the voters would fall in place.
Sarang’ombe ward has the largest number of voters, largely comprising Luos and Luhyas. The Luos are concentrated in Kisumu Ndogo village, while the Luhyas are to be found in Soweto and Bombolulu villages. There are about 6,000 registered Luhya voters in both the villages, while there could be about 20,000 Luos in Kisumu Ndogo. The other large concentrations of Luhyas are located in Lindi and Makina. Hence the reason why Raila went to campaign in Makina. He also campaigned in Woodley on Joseph Kange’the Road, because it has a large population of Kikuyu voters.
New alliances and 2022 politics
If campaigning on “virgin” territory was not too much of a stretch, Raila had to enlist the support of seven governors: Alfred Mutua of Machakos, Ann Mumbi Kamotho (previously known as Ann Waiguru) of Kirinyaga, Charity Ngilu of Kitui, Kivutha Kibwana of Makueni, James Ongwae of Kisii, John Nyagarama of Nyamira and Wycliffe Oparanya of Kakamega. “Ruto with his loads of money was piling pressure on Raila and he wasn’t going to take any chances,” explained one of Raila’s associates.
So, on October 30, 2019, nominated MP Maina Kamanda, Kigumo MP, Ruth Mwaniki and David Murathe (President Uhuru Kenyatta’s hatchet man) met with Raila to ostensibly pledge the Kikuyu electorate’s and President Uhuru’s support for the ODM candidate Bernard Otieno Okoth aka Imran. At the meeting, Mwaniki hinted that McDonald Mariga Wanyama, the Jubilee Party candidate, had been forced on the party leadership and President Uhuru: “I don’t know why some leaders [referring to Deputy President William Ruto] in Jubilee dragged Mariga into the race.”
In the spirit of the handshake, Kamanda said he would rally the Kikuyu voter to throw his lot with Imran: “When you see me here, know that President Uhuru Kenyatta is here.”
On the previous day, the former Starehe MP had told the Kikuyus in Kibra, “On November 7, please come out in large numbers to vote for Imran. Imran’s victory will be a big win for the unity of this country.” He was referring to the now mercurial political handshake that President Uhuru and Raila cemented on March 9, 2018. The handshake between the two bitterest rivals gave birth to the Building the Bridges Initiative (BBI). The acronym has been baptised many things, the latest one being Beba Baba Ikulu. Take Raila to State House.
On that same day (October 30), Raila had separately met with Kikuyu and Kisii opinion shapers from Kibra at his office in Upper Hill, before descending to Kibra again in the evening, three days after he had held a rally there on October 27, a Sunday. This same day, as Raila met with the respective community leaders, he confided in a mutual friend who he had lunch with at Nairobi Club that Ruto was breathing down his neck, and giving him a run for his money in his erstwhile constituency that he had represented for a quarter of a century.
During the time that Raila stood in Kibra, the Luhya community had also stood with him. They voted for him to the last man, “but when Okoth died, the Luhya nationalists in Kibra and elsewhere thought ‘it was their time to eat’”, a Luhya politician who stood as a senator in western Kenya said. “The Luhya felt the time was ripe to get paid for standing with Raila all these years since 1992.” The politician reminded me that even when Michael Wamalwa died in August, 2004, the Luhyas remained strong supporters of Raila.
Feeding on this Luhya nationalism, Ruto and his band of Luhya MPs from western Kenya landed in Kibra, and hoped to hype this reigning scepticism to maximum effect. So when Bernard Shinali, the MP for Ikolomani, was caught by the hawk-eyed ODM foot soldiers dishing out money to potential voters in Kisumu Ndogo three days before voting day, he, like the former Kakamega Senator, Bonny Khalwale, wanted to prove to their boss Ruto that they were ready to deliver the Kibra Luhya vote to him. The other Luhya MP from western who would be deployed to Kibra was Benjamin Washiali of Mumias and Didmus Barasa MP of Kimilili.
In all probability the Kibra by-election offered Kenyans a trailer of how the 2022 presidential elections will be and how they will will be fought. Will that election be a contest between Raila and Ruto? If the parading of the troops from both sides is anything to go by, the sneak preview of the troops’ formation promises many shifting alliances.
Wavinya Ndeti, the former MP for Kathiani and a governor candidate for Machakos County in 2017 on a Wiper Democratic Movement (WPM) ticket – but nonetheless aligned to Raila – allegedly moaned loudly, after seeing Mutua in Kibra. Had Raila dumped her by inviting the Machakos governor into his “bedroom?” Kalonzo Musyoka, one of the four NASA co-principals is mum, but when he said he would be supporting the Ford Kenya candidate Ramadhan Butichi, he invited opprobrium from ODM mandarins. My friends in ODM hinted to me that Kivutha is the man to checkmate Kalonzo. What about Musalia Mudavadi, the other NASA co-principal principal? Is Oparanya being propped up to replace him?
The fact that President Uhuru Kenyatta has not made any comment on the by-election, and has not appeared anywhere near Kibra to campaign for the Jubilee Party candidate speaks volumes about whether indeed Mariga was a Jubilee Party candidate, I told a close associate of the deputy president that Ruto and Mariga had camped at State House for two days to get the president’s audience. It was only on the second day that Ruto showcased Mariga to the president, who fitted Mariga’s football head with a Jubilee cap. “That is all true,” agreed the associate, “but the president is a grown up, how do you force anything onto a grown up?”
What is clear, however, is that as 2022 fast approaches, the Kibra by-election of November 7 marked the unofficial commencement of the 2022 campaign season in Kenya with Ruto’s aggressive raid into Odinga’s “political bedroom”. Now, as pundits, political analysts, and the media try to explain what this political drama will mean for the future of Kenya’s politics, the central question that Kenyans need to ask is what role they will play in shaping a prosperous future.
Kibra: The Face of Kenyan Politics to Come?
4 min read. What does the Kibra by-election portend for the future of Kenya’s politics? Renowned photographer CARL ODERA captures the sights.
“The most painful state of being is remembering the future, particularly the one you’ll never have.”― Søren Kierkegaard
Located about 6.6 kilometres from Nairobi city centre, Kibra is a sprawling informal settlement with an estimated population of about 200,000 people. Majority of Kibra residents live in extreme poverty. Unemployment rates are high, persons living with HIV/AIDS are many, and cases of assault and rape common. Clean water is scarce. Diseases caused by this lack of water are common. The majority living in the informal settlement lack access to basic services including electricity, running water, and medical care.
But this photo essay is not about the peddled quintessential cliché narrative depiction of Kibra as Africa’s biggest slum’ – itself a false assertion. Rather, Kibra has historically been Nairobi’s most vibrant political constituency; its residents often at the forefront of agitation for expansion of political space in Kenya; and, the most enthusiastic demonstrators at political meetings where the opposition is pitched against an apparently recalcitrant ruling elite. The Kibra by-election is also the political backyard of Raila Odinga, leader of the Orange Democratic Movement and the most enduring fixture in opposition leadership since the early 1990s. Currently, in an alliance with the President Uhuru Kenyatta, the Kibra by-election was occasioned by the death on the 26th of July 2019 of Ken Okoth, 41, the area’s dynamic, popular and highly effective MP.
The demise of Ken Okoth left the seat open for a contest directly between Raila Odinga, whose family has dominated the area for decades and the Deputy President William S. Ruto who is determined to entrench himself as the only viable successor to Kenyatta who is currently serving his last constitutionally mandated term. As such the Kibra by-election of November 7 marked the unofficial commencement of the 2022 campaign season in Kenya with Ruto’s aggressive raid into Odinga’s ‘political bedroom’.
Deputy President William Ruto and Jubilee candidate McDonald Mariga in Kibra’s DC Grounds on Sunday.
ODM leader Raila Odinga with party flag-bearer Bernard Imran Okoth (left) sings the national anthem at a rally on Kiambere Road.
The by-election to fill the position left vacant following the death of the area MP, Okoth, attracted 24 candidates, ODM candidate Imran Okoth, Jubilee’s McDonald Mariga and Eliud Owalo of Amani National Congress, were the dominant players.
Endorsed football star McDonald Mariga
Rally to drum up support for Imran Okoth, ODM’s candidate for Kibra by-election.
Days to the parliamentary by-election there were reports of fracas between warring factions. Rowdy residents, for instance, kicked former Kakamega senator Boni Khawale out of Kibra upon his arrival in Laini Saba ward, claiming it was ODM’s bedroom.
Destruction of property was also reported.
Milly Achieng, a tailor-resident of Kibra told the Elephant that supporters of an opposing candidate recently went and attacked one of her friends and fellow party member and demolished her house. She was forced to flee Kibra with her children.
A family house demolished in a political violence encounter in Kibra.
The Kibra by-election received wide support from leaders across the political divide. Governors Charity Ngilu, Alfred Mutua, Kivutha Kibwana and Anne Waiguru joined Raila Odinga and the ODM party in drumming up support for its candidate, Imran Okoth. The leaders announced that this by-election was the beginning of a new political movement that would drum up support for the Building Bridges Initiative (BBI) and ultimately forge an alliance for the 2022 General Election.
Charity Ngilu campaigning in Kibra to get the vote for ODM candidate Imran Okoth within the Kamba community
Governor Waiguru at Joseph Kangethe Grounds in Kibra on Sunday the 3rd of November to drum up support for the ODM candidate
Raila Odinga and Machakos Governor Alfred Mutua arriving for a rally organised to woo Kamba voters to rally behind ODM candidate for Kibra constituency.
On November 7, 2019, the polling stations across the constituency were opened by 6 am to a smooth start of voting throughout the day amidst a reportedly low voter turnout. The voting stations were closed immediately after the voting exercise was concluded and voter tallying began thereafter. Residents stood in groups waiting for the results.
A man carries his disabled friend to a polling station in Kibra’s Laini Saba.
ODM leader Raila Odinga at Old Kibera Primary school polling station to cast his vote.
An election official marks an indelible ink stain on Amani Congress Party’s candidate Eliud Owalo at Old Kibera.
Amani Party Congress party leader Musalia Mudavadi (right) accompanies party candidate Eliud Owalo at Old Kibera Primary school to cast his vote.
A man shows his finger marked with phosphorous ink after voting
As counting of votes for Kibra by-election continued on the night of November the 7, Jubilee candidate McDonald Mariga conceded defeat to Orange Democratic Movement (ODM) party aspirant Imran Okoth.
In a Twitter post, Mariga called Okoth and congratulated him for his victory and promised to work together after the elections.
— Mariga Macdonald (@MarigaOfficial) November 7, 2019
According to the results announced by the Independent Electoral Boundaries Commission (IEBC) on Friday, November 8, Imran Okoth garnered 24,636 votes beating Mariga by over half the total number of counted votes standing at 11,230 votes. ANC’s Eliud Owalo was a distant third, managing to garner a paltry 5,275 votes out of the 41,984 votes cast.
A child in Kibra celebrating Imran Okoth’s victory
Though the Kibra by-election has been deemed a win for Raila Odinga and the handshake and a loss for Ruto and the “tanga tanga” movement, these political battles have yet to translate into tangible benefits for the ordinary mwananchi whom they purport to fight for.
Nancy Akinyi, a resident of Sarang’ombe Ward, Kibra constituency
Written by Joe Kobuthi
The Diplomatic Gaffe That Could Sour Relations Between Kenya and Somalia
10 min read. Have Kenya’s close ties with its “Man in Somalia”, Ahmed Madobe, created a rift between Mogadishu and Nairobi? RASNA WARAH explores the precarious relationship between the two neighbouring countries.
On Saturday 12 October 2019, a plane carrying a high-level Kenyan delegation arrived in the Somali port city of Kismaayo for the inauguration of Ahmed Madobe as the president of Jubaland, a Somali federal state that borders Kenya. The delegation included Aden Duale, the Majority Leader in Kenya’s National Assembly, and Member of Parliament Yusuf Hassan Abdi, among others.
The arrival of Duale and his entourage of mainly Kenyan Somalis in Kismaayo broke several diplomatic protocols. The delegation did not make a courtesy call to Somali president Mohammed Abdullahi Farmaajo in Mogadishu before embarking on their journey to Kismaayo, and was, therefore, perceived as snubbing a sitting head of state. The visit reignited fears in Somalia that Kenya is trying to assert its authority in Somalia through puppet regional leaders such as Madobe who do Kenya’s bidding.
The visit also contravened a directive by President Farmaajo that all international flights to Kismaayo should first pass through Mogadishu’s Aden Adde international airport for inspection. By ignoring the directive, Duale and his delegation not only spurned an ally and a neighbour, but deepened fissures between Somalia and Kenya, two countries that already have tense relations due to an ongoing Indian Ocean maritime boundary dispute.
Farah Maalim, the former Deputy Speaker in Kenya’s National Assembly, had warned that the visit could damage Kenya’s diplomatic relations with Somalia and with other countries in the region. He advised Kenya to cut its ties with Madobe in order to foster a healthier and more amicable relationship with the Federal Government of Somalia in Mogadishu and with President Farmaajo. (It should be noted that President Farmaajo did not support Madobe’s election in the Jubaland polls and had backed a candidate from his own Marehan clan for the state presidency.)
Kenya’s Man in Somalia
Sheikh Ahmed Mohamed Islam, better known by his nickname Madobe, is often viewed as “Kenya’s Man in Somalia” because of the critical role he and his Ras Kamboni militia played in helping the Kenya Defence Forces (KDF) to push out Al Shabaab from the port city of Kismaayo in September 2012. Yet, despite being viewed as an ally of Kenya in its war against terror, Madobe is a man who has himself been associated with terrorist activities and radical elements that wreaked havoc in Somalia after the fall of the Islamic Courts Union (ICU) in 2006.
It is common knowledge that Madobe was a high-ranking official of the militant Islamic group Hizbul Islam, which was formed in 2009 by Sheikh Hassan Dahir Aweys – who has been designated as an international terrorist by the United States – before he joined the Kenyan forces. Madobe was the governor of Kismaayo in 2006 during the short and ill-fated rule of the ICU, a militant coalition of clan-based entities, businesspeople and Muslim clerics who sought to bring about a semblance of governance in Somalia, but which was ousted by US-backed Ethiopian forces because it was perceived as an Islamic fundamentalist group that would bring about the “Talibanisation” of Somalia.
Sheikh Ahmed Mohamed Islam, better known by his nickname Madobe, is often viewed as “Kenya’s Man in Somalia” because of the critical role he and his Ras Kamboni militia played in helping the Kenya Defence Forces (KDF) to push out Al Shabaab from the port city of Kismaayo in September 2012.
Madobe later joined and then defected from Al Shabaab (formed after the collapse of the ICU), ostensibly after protesting against its brutal methods. He later formed the Ras Kamboni militia to fight his former allies and to regain control over the prized port of Kismaayo, which was under the control of Al Shabaab when his militia and the Kenyan forces entered Somalia. (This could have been his primary motive for collaborating with the Kenyans.)
In his book Dirty Wars: The World is a Battlefield, American journalist Jeremy Scahill says that Madobe’s change of heart vis-à-vis Al Shabaab came about after he spent two years in an Ethiopian prison after he was captured while fleeing Ethiopian and American forces when the ICU fell. He then became “one of the new generation of US-backed warlords drawn from the rubble of the Islamic Courts Union”.
Some observers believe that because he already knew the lay of the land, and had similar objectives as the Kenyan forces – to gain control of Kismaayo, Al Shabaab’s economic base – Madobe was identified (and probably presented himself) as a natural ally of the Kenyans. That he belongs to the Ogaden clan, which has for years sought to control southern Somalia – one of the most heterogenous regions of Somalia that is home to several clans and which is also politically dominant in north-eastern Kenya – could also have worked to his advantage.
In the early part of 2011, prior to joining forces with Madobe’s militia, the Kenyan government had plans to support Mohamed Abdi Mohamed Gandhi, the former Minister of Defence and an Ogaden from the Jubaland region, to administer a potential Jubaland regional authority called “Azania” (also known as the Jubaland Initiative). It is believed that Ethiopia – Kenya’s “big brother” when it comes to regional military matters – opposed the creation of the Azania “buffer zone” between Kenya and Somalia as it was viewed as an Ogaden-dominated Kenyan project. It is likely that, because of its propensity to support warlords in Somalia, the Ethiopian government encouraged Kenya to work with the battle-hardened Madobe, whom they trusted more than the suave and cultured anthropologist Gandhi, who did not command any militia in Jubaland.
In May 2013, less than a year after Kismaayo fell to KDF (then re-hatted as AMISOM) and his militia, Madobe declared himself president of the self-styled state of Jubaland, which was not recognised by the central government in Mogadishu. It is believed that the Federal Government of Somalia had been supporting a rival group headed by Barre Aden Shire, who declared himself president of Jubaland moments after Modobe did.
Despite an Ethiopia-brokered agreement in August of the same year that stipulated that Madobe’s “interim administration” should hand over the port of Kismaayo to the central administration in Mogadishu within six months, there have been no signs of a handover to date. Somalia’s fragile “federalism” project to create semi-autonomous states also seems to be suffering from a lack of clarity or direction. Meanwhile, eleven years after Kenyan boots entered Somalia, there seems to be no stabilisation plan for the region, nor any exit strategy for the Kenyan forces.
Clan politics and fears of secession
Some Somali analysts and conspiracy theorists believe that Kenya does not want to see a strong and stable Somalia because the latter would pose a threat to its own national political and economic interests. They say that Kenya seeks a weak – but friendly – Somalia because Kenya believes that a strong Somali state may revive aspirations for a “Greater Somalia” that would include the ethnic Somali-dominated Ogaden region in Ethiopia and the north-eastern region of Kenya.
The Somali analyst Afyare Abdi Elmi believes that both Kenya and Ethiopia have been manipulating Somalia’s political leadership and could actually be fuelling conflict in Somalia to maintain an upper hand in the country. In his book Understanding the Somalia Conflagration: Identity, Political Islam and Peacebuilding, published in 2010, he writes:
“Ethiopia, and to a lesser extent Kenya, have important stakes in either installing their own proxy government in Somalia or in perpetuating the Somali conflict for as long as they can. The strategies that Somalia’s hostile neighbours adopt differ. At a time when the world would not allow an opportunistic invasion, Ethiopia sent weapons and created warlords from different clans. After 9/11 Ethiopia and Kenya capitalised on the ‘war on terror’ and used it to their advantage. As such, Ethiopia invaded Somalia [in 2006] as part of a ‘war on terror’ campaign, albeit in pursuance of its own geographical interests. Kenya has also facilitated this invasion. This leads me to conclude that these countries are determined to block a viable and strong Somali state for as long as they can as their perception is based on a zero-sum understanding of power.”
However, Kenya’s and Somalia’s fears that ethnic Somalis within their territories pose a threat to national unity are not completely unfounded and have historical roots. In the 1960s, Somalia’s first president Aden Abdullah Osman supported secessionist movements in both Kenya and Ethiopia. Although the Somali government eventually entered into a truce with both countries and restored diplomatic relations, the 1969 coup d’etat revived ambitions of a Greater Somalia in President Siad Barre. In 1977, Barre initiated a war with Ethiopia in a bid to regain the Ogaden region. Memories of Barre’s attempts to take over the Ogaden in 1977 are still fresh in many Ethiopians’ minds
The Kenyan government, on the other hand, has been antagonistic and suspicious of its own ethnic Somali population ever since the people of Kenya’s Northern Frontier District voted for secession prior to independence in 1962. This resulted in the so-called Shifta wars that led to the militarisation and marginalisation of the region by the Jomo Kenyatta and successive regimes.
“Taming” the Somalis in Kenya’s north-eastern region has been one of the Kenyan government’s objectives since the Shifta wars of the 1960s that saw this region become a terror zone. “Collective punishments” of the region’s people by the government were common. Until devolution “mainstreamed” Kenya’s northern territories, the region had remained largely neglected and devoid of any meaningful development.
Some Somali analysts and conspiracy theorists believe that Kenya does not want to see a strong and stable Somalia because the latter would pose a threat to its own national political and economic interests. They say that Kenya seeks a weak – but friendly – Somalia because Kenya believes that a strong Somali state may revive aspirations for a “Greater Somalia”…
In its efforts to control the seemingly uncontrollable population, the Kenyan government relied on ethnic Somalis to carry out atrocities against their own people. For instance, the brutal operation known as the “Wagalla Massacre”, which resulted in the death of between 3,000 and 5,000 men in Wajir, was carried out under the watch of General Mohamud Mohamed, the army chief of staff in Daniel arap Moi’s administration, and his brother Hussein Maalim Mohamed, the minister of state in charge of internal security, both of who belonged to the Somali Ogaden clan that controlled politics in the then Northeastern Province. They were among a small group of Kenyan Somalis who were in positions of power in the Moi government. General Mohamed had played a key role in thwarting the August 1982 coup attempt, and had thus contributed to saving the Moi presidency.
It is believed that Moi appointed ethnic Somalis in important positions as they were considered “neutral” in terms of their ethnic affiliation, and could, therefore, be trusted to be loyal. Incorporating ethnic Somalis in his government was also probably a strategy to defuse any “Greater Somalia” sentiments Kenyan Somalis might harbour – a strategy that the Jubilee government has also adopted by appointing or nominating Kenyan Somalis in important government positions.
Many Kenyan Somalis believe that the Mohamed brothers used their influential positions to punish and evict members of rival clans from the then Northeastern Province. Others say that in his hallmark Machiavellian style, Moi used ethnic Somalis in his government to carry out atrocities against their own people – who could easily be divided along clan lines. While it is unlikely that these powerful brothers sanctioned mass killings, they probably played into the clan politics of the area.
Clan politics is also what probably drove Aden Duale and his delegation to make the visit to Kismaayo; Kenya’s north-eastern region is dominated by the Ogaden – Madobe’s and Duale’s clan. The visit symbolised Ogaden authority in Jubaland and in Kenya’s north-eastern region.
And so, because many federal states in Somalia are run like personal or clan-based fiefdoms, decisions made by Madobe could be construed to be at the behest of Kenya. By aligning himself with Madobe, Duale – and by extension, the Kenyan government – has affirmed that Kenya is not interested in a united, democratic Somalia, and that it is using proxies to achieve its objectives in this fragmented country. The visit to Kismaayo was also a slap in the face of the Federal Government of Somalia in Mogadishu, which is now likely to have an even more antagonistic attitude towards Kenya.
Clan politics is also what probably drove Aden Duale and his delegation to make the visit to Kismaayo. Kenya’s north-eastern region is dominated by the Ogaden – Madobe’s and Duale’s clan. The visit symbolised Ogaden authority in Jubaland and in Kenya’s north-eastern region.
Although many question the legitimacy of the government in Mogadishu – which is propped up mostly by the international community, mainly Western and Arab donors – the deliberate disregard for its authority by the Kenyan delegation is bound to deepen fissures between Kenya and Somalia, which could have an impact on how the Somali government views the presence of Kenyan soldiers on its soil. The Somali government, although relying heavily on AMISOM for security, has recently been making calls to strengthen Somalia’s national army to replace AMISOM.
The Al Shabaab factor
It must be noted, however, that Somalia and Kenya enjoyed “live and let live” relations until the latter’s incursion into Somalia in October 2011, which muddied the waters and painted Kenya as an aggressor nation in the eyes of many Somalis, not least Al Shabaab, which then made Kenya a target for its terrorist activities. Up until then – hosting the largest Somali refugee population – Kenya was viewed as a generous neighbour that came to the aid of people fleeing conflict. The decision to undertake a military intervention in Somalia was probably one of the biggest blunders of the Mwai Kibaki administration.
But even if Kenya’s intention is to create a safe buffer zone between Kenya and Somalia, the fact remains that apart from controlling the city of Kismaayo and its immediate environs, Madobe has little control over the rest of Jubaland state where Al Shabaab is still very much in control. There have been reports of his administration and KDF making deals with Al Shabaab to gain access to the territories that the terrorist organisation controls. Some of these deals are said to involve the smuggling of contraband into Kenya, as has been reported severally by the United Nations Monitoring Group on Somalia and Eritrea.
It must be noted, however, that Somalia and Kenya enjoyed “live and let live” relations until the latter’s incursion into Somalia in October 2011, which muddied the waters and painted Kenya as an aggressor nation in the eyes of many Somalis, not least Al Shabaab, which then made Kenya a target for its terrorist activities.
The reality in Jubaland and in much of the rest of Somalia is that the majority of the people have not experienced the benefits of a strong central or state government for more than 20 years. The concept of a government has remained a mirage for most residents living outside Mogadishu, especially in remote areas where the only system of governance is customary law or the Sharia. In fact, it has been argued that, with its strict codes and its hold over populations through systems of “tax collection” or “protection fees” combined with service delivery, Al Shabaab offers a semblance of governance in the regions that it controls.
Where AMISOM forces have liberated regions from the clutches of Al Shabaab, they have essentially left behind a power vacuum which neither the Federal Government of Somalia nor the emerging regional administrations can fill. This has rendered these regions more prone to clan-based conflicts, already apparent in Jubaland, where some members of the marginalised Bantu/Wagosha minority group have taken up arms in response to what they perceive to be a form of “ethnic cleansing” by both Al Shabaab and the new Ogaden-dominated administration of Ahmed Madobe.
All these developments do not augur well for peace-building efforts in the Horn, which have been made more precarious by Kenya’s relations with Madobe, who is not likely to cooperate with Mogadishu or cede control of a state characterised by clan-based feuds over resources.
Op-Eds2 weeks ago
From Game Changer to Railway to Nowhere: The Rise and Fall of Lunatic Line 2.0
Politics7 days ago
Religion in a Time of HIV and Austerity: The Curious Case of Prophet Owuor
Op-Eds2 weeks ago
Why Directive on SGR Cargo Could Kill Kenya’s Small Towns and Cities
Politics7 days ago
The Diplomatic Gaffe That Could Sour Relations Between Kenya and Somalia
Op-Eds5 days ago
Elite Feuds: Are the SGR Protesters in Mombasa Pawns in a Larger Battle for Control of Port Services?
Politics5 days ago
Kibra: The Face of Kenyan Politics to Come?
Politics7 days ago
#FeesMustFall: Is the Makerere University Strike a Response to State Capture?
Culture1 week ago
Finding the Zone: Billy Kahora Takes Charge