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WAR ON DRUGS: Kenya, the Forgotten Hotspot of the Heroin Trade

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Nairobi, Kenya – A WATER GLASS SHARED BY 200 ADDICTS

In downtown Mombasa, a nondescript office sandwiched between multistoreyed buildings is busy as usual.

Every five minutes or so, gaunt youths, eyes bloodshot, walk into the tiny reception and straight away dash to the water dispenser at the far corner. They refill the only plastic glass next to the dispenser without rinsing it, and eagerly empty its contents before turning to the reception desk.

Between 9.30 am and 10.30 am, as this writer waits for the director of Reach Out Centre Trust, an independent outfit that helps Mombasa residents fight drug addiction, the 10-litre dispenser bottle is already finished, but it is instantly replenished. The office doesn’t seem to have a designated receptionist. But the hushed talk between the visiting youths and any official around the reception ends up in a familiar refrain.

‘Sorry, the methadone [an analgesic drug similar to morphine used in the treatment of heroin addiction] hasn’t arrived yet. We were promised a new batch a fortnight ago but nothing is here yet. But please, do keep checking.’ Then the dejected youths – one in five are female – leave the building. The ‘clients’ (known by the derogatory term mateja), are hooked on madawa, the local phrase for heroin and/or cocaine.

NACADA says 0.1% of Kenyans consume heroin; implicitly, Kenya is a trafficking rather than a consumer country although reports indicate that it is increasingly becoming an end-user

They want to break the habit, and methadone is the only solution they know about. But it has been in short supply lately. Donors had delayed disbursing funds for the acquisition of methadone. Nonetheless, the water appears to cool their nerves – for the time being. By the close of the day, more than 200 clients will have shared the glass, many of them without rinsing it.

Ominously, the casual way they use unwashed glasses (and thereby risk contracting hepatitis B), is the way they share heroin needles – a sure way of transmitting HIV. And as will be seen later in this report, injectable drug users (IDUs) have become the key agents of HIV spread in the country, accounting for about 18 per cent of new infections.

There are dozens of such methadone clinics, first introduced last year at Kenya’s Coast. Nairobi’s Mathare Hospital started administering this medication in 2014; its specialised clinic treats 450 patients daily. The 51 beds in the rehab ward are always full, with each patient staying 90 days. At the Coast, the Malindi and Mombasa government hospitals each treat 200 addicts a day.

The government moved to introduce methadone following the death of addicts triggered by heroin shortages occasioned by clampdowns on drug barons. Over 100 addicts died in 2011, many more in 2013-2014, though the total number is yet unknown.

According to the International Drugs Policy Consortium (IDPC), heroin started to be consumed in Kenya in the cities that were used as transit points (such as Mombasa) before spreading to other regions of the country and to Nairobi. Now, some 20,000 to 55,000 Kenyans inject heroin. The National Campaign Against Drug Abuse (NACADA) says it is monitoring 25,000 intravenous drug users (IDUs) spread around the country. The population that snorts the drug is still unknown but it could be larger than that of IDUs, according to the Anti-Narcotics Unit (ANU) officials.

These addicts are part of the $322 billion global drug market, as valued in 2011. And as will be seen later in this article, East Africa, a key transit hub for drugs destined for Europe and the United States, contributes $10 billion to this business. Kenya is a major player, as a trafficking hub, in this illicit global commerce.

NACADA says 0.1% of Kenyans consume heroin; implicitly, Kenya is a trafficking rather than a consumer country although reports indicate that it is increasingly becoming an end-user. ‘While data on heroin users in Kenya is limited, UNODC (UN Office on Drugs and Crime) has warned that heroin addiction appears to be on the rise in the country, particularly along the Coast,’ American online news portal huffingtonpost.com said a year ago.

‘Only a tiny fraction of the drugs believed to transit in and through Kenya is seized by authorities. Arrests rarely lead to convictions. When convictions occur in Kenya, they are of lower level couriers and distributors’

The heroin comes from Afghanistan and gets here via Pakistan. According to experts, things look bad this season. Afghanistan’s opium production could reach a new high about 8,800 tonnes (which can produce as much as 530 tonnes of heroin). Volumes have been on an upward trend since 2010, and reached a record high in 2014, says the UNODC. Eight per cent of this will pass through the East African region, what the UNODC calls ROEA (Region of Eastern Africa that draws in Kenya, Tanzania, Burundi, Djibouti, Eritrea, Ethiopia, Rwanda, Seychelles, Somalia, Sudan, Uganda).

Given that 12 per cent of that is consumed locally, 5 tonnes (with an estimated street value of $1.3 billion) will remain in the region, with Kenya being the major consumer. But other reports indicate a higher figure. About 8 tonnes enter Kenya, according to a Reuter news article of March 2015 headlined As Heroin Trade Grows, a Sting in Kenya.

BLOOD FLASHING: A DEADLY SHARING

A year ago, huffingtonpost.com published a worrying story about Kenya’s drug problem titled Recovering Addicts Battle Kenya’s Exploding Heroin Problem. It said as more heroin flooded into East Africa, more and more Kenyans were getting hooked on it.

‘Drugs are destroying our communities,’ MP Abdulswamad Shariff Nassir has lamented. His Mvita constituency is among those hardest hit by the drugs problem in Mombasa, with other hotspots being Likoni and Kisauni. ‘The courts have to protect our citizens, and that’s not happening.’

The Mombasa ‘carnage,’ in the words of a Coast-based senior medical officer, wasn’t entirely unexpected. As early as 1998, Noah arap Too, then head of the country’s Criminal Investigation Department, the police arm charged with arresting trafficking among other crimes, sounded a warning, as did the United Nations.

Nothing happened. Michael Ranneberger, the United States ambassador who during his tour of duty from 2001-2011 made the anti-corruption war a personal crusade, much to the chagrin of the then regime of president Mwai Kibaki, wondered whether the country’s inertia in fighting narcotics was ‘Incompetency? Lack of will? Or worse?’ as reported in Wikileaks.

The sin of omission has caught up with Kenya. Today in Mombasa, addicts do what is called ‘blood flashing’ – the sharing of heroin-laced blood between those already high and those in need of a quick fix, practised by addicts who cannot afford the drug. This fatal ritual has been going on for about a year now, according to medical experts at the Coast.

Rene Berger, the USAid Kenya HIV/Aids team leader, says blood flashing is putting anti-HIV programmes in Kenya at risk, and warns that joblessness, prostitution and drug abuse are fuelling a ‘sense of desperation’ at the Coast.

Already, injection of heroin is becoming a key factor in HIV transmission. Figures are scanty as no serious research has been undertaken to link the drug to the spread of the disease, but the information available indicates that HIV prevalence among male drug users is 18 per cent while among females it is 44 per cent. (The country’s HIV prevalence is 6 per cent)

Reports indicate that long time addicts have turned to cocktails – combinations of cocaine, heroin, marijuana and the so-called designer drugs such as methamphetamine, and alcohol – to get their fix.

‘It’s clear that the Coast is an entry point, and wherever there’s a path, there are some crumbs left behind,’ Sylvie Bertrand, regional adviser for HIV/Aids at UNODC’s Eastern Africa office, told the press.

TRAFFICKING HOTSPOT: A SURGE THROUGHOUT THE REGION

Each year, the Kenya Police and the UN issue reports on the drugs situation. One of the reports is global while the other is local; one is analytical, the other primarily statistical. Notwithstanding their different styles, however, both reports portray a country that is battling with a drugs problem.

A section called ‘Dangerous Drugs’ in the Annual Crime Report by the Kenya Police details trends in arrests of drug users and traffickers. It reveals a consistent increase in cases related to drugs in the past 10 years. For instance, dangerous drugs (which is the description for heroin, cocaine and meths) recorded a 12% jump in 2014 over the previous year. That year’s report shows that there were 73 heroin cases that led to 94 arrests, and recoveries amounting to 10.5 kilos, 558 sachets, 2,000 litres of diesel mixed with heroin, and 3,200 litres of liquid heroin.

In the 2015 annual report, the incidence of dangerous drugs went up 14% over the previous year.

On the other hand, the UNODC Maritime Crime Programme in its 2014 annual report talks about an ‘alarming spike’ in illicit drug trafficking throughout the Indian Ocean Rim. It says that there has been a ‘surge in rates of drug trafficking throughout the region, particular with respect to heroin’. Another report by this UN agency, Drug Trafficking to and from Eastern Africa, paints Kenya as a country in the grip of drug cartels. It says that ‘a review of drug seizures from 1998 to date indicates an increase in the trafficking of heroin’ in Kenya.

It turned out wasn’t just cars and TVs the clearing and forwarding agencies were clearing. Heroin and cocaine were far better earners. In fact, of the 10 known local drug barons, nine own, or once owned, import and export companies in Mombasa and Nairobi

In a report published this year, the US State Department says, ‘Kenya is a significant transit country for a variety of illicit drugs, including heroin and cocaine, with an increasing domestic user population.’

Kenya’s transformation into a trafficking hub has been picking up speed in the past 10 years. In April 2014, an Australian Navy patrol seized heroin valued at $290 million (about Ksh29 billion) off Kenya’s Coast. This amount is equivalent to all heroin seized in the East African region in the two decades 1990-2009. Today, 40 tonnes of heroin are believed to be trafficked through East Africa annually, up from 22 tonnes in 2013 and four tonnes in 2009.

Alarmed by the amount of drugs coming from Kenya into the West, the US Drug Enforcement Agency (DEA) jointly with the Kenya police created a 16-member specialised force called the ‘Vetted Unit’ to track down drugs and drug lords. And as will be seen later in this article, this is the unit that set up and arrested the Akasha brothers (Baktash Abdalla and Ibrahim Abdalla) and their Indian cohorts in a sting operation last January.

The multibillion-dollar trafficking business has attracted international drug barons, created local cartels, and left a legion of ‘mules’ serving jail terms in foreign lands, with dozens of them on death row. The industry’s proceeds are laundered through banks, supermarkets, forex bureaus, clearing and forwarding companies, hotels and real estate, lottery and gaming companies, casinos, hospitals and high-end bars and exclusive clubs.

The statistics that do exist would place a figure on the business as being worth between $100 million and $160 million annually. But these figures are based merely on seizures, and as the US State Department Bureau of International Narcotics and Law Enforcement Affairs says, ‘Only a tiny fraction of the drugs believed to transit in and through Kenya is seized by authorities. Due to a lack of political will and institutional capacity, arrests rarely lead to convictions. When convictions occur in Kenya, they are of lower level couriers and distributors.’

The deportation of 120 suspected drug barons in 2013 is an indicator of the allure of the Kenya market for the global underworld.

NO LONGER A BLIP ON THE GLOBAL MAP

Indeed, as indicated earlier in this report, it isn’t happenstance that Kenya finds itself in this situation. As early as 1990s, Noah Arap Too, the then Criminal Investigation Department head, had warned about an impending crisis in the country. ‘It will be a hard and challenging job for law enforcement officers,’ to eradicate narcotics in Kenya, he said.

Prior to this warning, Kenya was perceived a mere blip on the global map of heroin. News reports then named countries such as Nigeria, Colombia, Pakistan and Afghanistan. In fact, in Kenya, most drug-related stories were about marijuana that was being produced locally. Only a tonne of heroin was seized off the East African coast between 1990 and 2009.

This picture turned out to be deceptive. According to later reports, cocaine and heroin were already here, having arrived during the tourism boom of the 1980s.There were red flags here and there but authorities, either out of complacency or because of corruption or both, declined to read the warning signs.

Attempts to arrest suspected barons have been hampered by the fact that many are in government or have business associates within the government

For instance, drug lord Ibrahim Akasha was at the time assembling a deadly kinship machine that would later torment the West, forcing Americans to demand the deportation of his children to answer charges of transporting drugs to the United States and Europe. The Akasha family ‘controlled drugs along Mombasa to Europe’ as early as the 1990s, according to Wikileaks cables.

Another red flag was the mushrooming of clearing and forwarding companies, ostensibly to cash in on the booming imports of second-hand cars and electronics. By 2007, at least 824 had registered with the Kenya Revenue Authority, a figure that would shoot up to 1,298 by 2014. It turned out wasn’t just cars and TVs these agencies were clearing. Heroin and cocaine were far better earners.

In fact, of the 10 known local drug barons, nine own, or once owned, import and export companies in Mombasa and Nairobi.

And when the drugs business boomed, the barons went ahead to create their own Container Freight Stations (CFSs). At the CFSs, containers are verified, cleared, unpacked and delivered to their destinations. Until recently, these stations were barely policed, and so became conduits through which drugs could be smuggled into the country with relative ease.

Kenyan authorities have thus been sleeping on the job. Apart from an anti-narcotics law – that provides for life imprisonment, Ksh1 million ($10,000) fines and seizure of ill-gotten wealth, little if any concrete action has been taken. In 2009, some 11 years after Noah arap Too’s statement, the Anti-Narcotics Unit, had just 100 officers to police the entire country. They couldn’t even track the 824 clearing and forwarding companies registered at the time.

Now, Kenya is suffering from the sins of omission. That explains why Huffingtonpost.com, views Kenya as ‘a forgotten hotspot of the international drugs trade’.

A CONSUMER REPORT FOR THE UNDERWORLD

There is an Internet portal that prides itself on being ‘a consumer report for the underworld.’ Havoscope.com publishes the global prices of drugs, as well as figures for money laundering, piracy and counterfeiting on the black market. In the latest upload, the price of heroin in Kenya was listed as $1.9 per gram, the cheapest among the 72 countries the Internet portal has surveyed. Brunei’s $1330.04 per gram is the most expensive followed by New Zealand at $717.4 per gram. In the United States, the price is $200 while in the United Kingdom it is $61.

In Africa, South Africa’s price is $35.1 per gram, Zimbabwe’s is $27.1 and Nigeria’s is $6.8.

In one of the cables it has released, whistle-blower Wikileaks confirms the local prices of heroin at between Ksh100 and Ksh200 a gram. The same cables say mules earn between $3,000 and $6,000 depending on the destination of the drugs and how easy it is to traffic them to that destination. Mules can make as many as six trips in a year.

Yet these figures, mindboggling as they are, do not tell the entire story about the Kenyan narcotics business. Heroin here is almost the purest in the world – usually above 80 per cent and ‘readily available and relatively inexpensive,’ according to the Wikileaks cables.

(Addicts wary of contracting HIV/Aids prefer pure heroin because it can be snorted through the nose as opposed to the diluted form used by IDUs).

A number of reasons explain why the drug, though pure, is cheap: Corruption (within politics, government and security agencies), ease of operation by drug lords (entry and exit from the country), geographical location of Kenya in relation to the drug’s origin and destination, a poorly secured and policed financial market, legislation that is not deterrent enough, and the high stake politics that drive the country.

i. Corruption

The Bureau of International Narcotics and Law Enforcement Affairs, in its 2016 International Narcotics Control Strategy Report (INSR) says: ‘Stemming the flow of illicit drugs is a challenge for Kenyan authorities. Drug trafficking organisations take advantage of corruption within the Kenya government and business community, and proceeds from drug trafficking contribute to the corruption of Kenyan institutions. High level prosecutions or large seizures remain infrequent.’

Indeed, politics has come in the way of the work of the country’s anti-narcotics agency. ‘Politicians may be opposed to the drug barons in theory but when it comes to business, they are bed-mates,’ says an ANU officer. Attempts to arrest suspected barons have been hampered by the fact that many are in government or have business associates within the government.

Drug lords have contacts in the government, politics (governors, senators, MPs), the religion industry (evangelical preachers) and in the country’s top security agencies

The police source calls it ‘high-stakes politics’ because of the price drug lords pay to protect themselves and their trade. Almost all senior politicians, even those not directly involved in drugs, find themselves on the payroll of the narco-barons.

They have amassed considerable wealth they can use to intimidate and threaten the law and law enforcers.

Sometime back in December 2010, the then Internal Security Minister George Saitoti named in Parliament five lawmakers (Harun Mwau, William Kabogo, Hassan Joho, Simon Mbugua and Mike Mbuvi) as well as tycoon Ali Punjani and long-rumoured unofficial Kibaki second wife, Mary Wambui, all of whom he said were involved in narcotics trafficking. The unprecedented move followed pressure from the international community to have Kenya act against the vice.

A team of police officers formed to carry out investigations into the matter uncovered no evidence to charge the five. Kenya’s leading newspaper, Daily Nation, claimed succinctly that the probe had come ‘up with zero’.

The Interim Report on Drug Trafficking Investigations had said of Mwau, thus ‘No evidence has so far been found to link him with drug trafficking.’ Six months later, the US government declared Mwau a global ‘narco-kingpin’ and moved to freeze his assets. Americans estimate that he is worth $300 million.

Saitoti, who had earlier served as Kenya’s vice president, would die in a plane crash in June 2012. Several MPs, incidentally among them Mwau, claimed in Parliament that he was killed by drug syndicates although they released no evidence to corroborate their charge.

There are politicians and police who facilitate the trafficking of drugs and provide protection to the cartels, there are those who conceal the identity of the cartels, and there are those who get paid to ensure that vessels carrying drugs are not destroyed. And lastly there are those who benefit from drugs seized from traffickers. ‘The nexus is huge,’ says an anti-narcotics officer based in Mombasa.

‘Drugs barons have bought some of our officers and this is very sad… We have information that police vehicles and ambulances are being used to transport drugs within Mombasa County and the Coast region,’ Mombasa County Commissioner Nelson Marwa told journalists in December 2015.

Drug lords have contacts in the government, politics (governors, senators, MPs), the religion industry (evangelical preachers) and in the country’s top security agencies.

ii. Links

In 1998, Koli Lur Kouame, then local head of the UN control agency, described Kenya as a ‘port of call’ for traffickers. Since then, various reports have portrayed the country as a major transit hub for drugs.

Kenya has extensive air and marine links to Europe, the Americas and Asia, as well as within Africa.

According to sources, bulk heroin comes from Afghanistan through Pakistan or Iran, often concealed in consignments of sugar, rice, used motor vehicles, second-hand clothes, tea, fish and other imports. It is stuffed in bulk cargo to make it difficult for scanners to detect it at the entry points. The $290 million’s worth of heroin destroyed by Australian Navy in Mombasa in April 2014 was concealed in bags of cement.

UN officials say the coastline between Somalia and Mozambique is the major trafficking zone for heroin. Apart from the official entry points, such as Mombasa and Dar es Salaam ports, this coastline has hundreds of unregulated entry points that emerged centuries ago to facilitate the slave trade and now serve as trafficking points for drugs, humans and smuggled goods. The drugs enter directly through Kenya’s coastline or via its porous borders with Somalia and Tanzania.

The porous borders the country has with Somalia, Uganda, Ethiopia and Tanzania ‘provide low risk opportunities … for those engaged in illicit trade,’ Peter Gastrow says in his ground-breaking study, Termites at Work: A Report on Transnational Crime and State Erosionin Kenya, published in 2011.

In Kenya, the heroin is blended and repackaged as tea or coffee and chocolate to avoid detection, then transported through Jomo Kenyatta International Airport (JKIA) or shipped to West Africa, Europe and the United States. Some couriers, especially West Africans and Kenyans, ferry the drug as pellets in their tummies.

Initially, heroin made in Afghanistan entered Europe via Pakistan, Iran, Turkey and the Balkans, what is known as the Opium Trail, and the northern route via Central Asia and the Caucasus to Russia and the West.

For decades, it was the preferred route for drug networks. But in 2010, authorities in Tanga, northern Tanzania, after arresting four Tanzanians and two Iranians with 95 kilos of heroin destined for Kenya, stumbled on another route, the Smack Track or Southern Route.

The absence of a Coast Guard has made drug trafficking easy. The Navy boats on patrol cannot possibly track all the boats that ply Kenya’s 1,420-km coastline. Authorities are convinced that dhows, boats and big vessels pick up drugs on the high seas on a large scale and transport them to the mainland.

It is not certain how many boats and dhows ply the coastline but Lamu County alone, which covers 45.7 per cent of the coastline, has 4,000 registered boats. The actual number is unknown because most vessels are not registered with the Kenya Maritime Authority.

Kenya’s coastline, and Mombasa port in particular, is like a magnet for traffickers. Kilindini Harbour handles 700,000 standard size containers annually. Only 1% of the containers are inspected. Transit containers and big vessels are barely searched.

Joanna Wright in the UNODC report Transnational Organised Crime in Eastern Africa: A Threat Assessment, claims that there is ‘an awful lot (of heroin) coming in from the (Kenya) Coast’. The country is no longer ‘a backwater producer of marijuana,’ as it was regarded two decades ago.

However, reports indicate that Nairobi appears to be taking over from Mombasa as heroin distribution hub. ‘While international heroin traffic might still be heavy around the Kenyan coast, local supply chains are predominantly coordinated from Nairobi,’ says Margaret Dimova in the report, A New Agenda for Policing: Understanding the Heroin Trade in Eastern Africa.

iii. Laundering

Kenya’s 43 licensed commercial banks, dozens of microfinance institutions and mortgage finance companies, almost 100 forex bureaus, dozens of Somali-style hawallah networks, and many makeshift or unregistered/unlicensed ‘saving and lending’ organisations, are a major attraction to the underworld.

For years now, Kenya’s relatively developed financial infrastructure has been a boon to drug barons. The country’s 43 licensed commercial banks with their extensive branch networks in the region, dozens of microfinance institutions and mortgage finance companies, almost 100 forex bureaus, dozens of Somali-style hawallah networks, and many makeshift or unregistered/unlicensed ‘saving and lending’ organisations, are a major attraction to the underworld.

There are almost 130,000 money agents in Kenya, working mostly with the mobile money provider M-Pesa.

This vast infrastructure is attractive to drug lords out to conceal their earnings. They can transfer their ill-gotten wealth to their home countries, pay for the ‘goods’ or receive payments for the same, and clean up the money within Kenya by investing in the financial markets, real estate and other properties.

In fact, Kenya is among the 67 countries the US Department of State denotes as ‘money laundering countries of 2015.’ In Africa, only Kenya, Nigeria, Somalia and Zimbabwe appear in the classification of ‘jurisdictions of primary concern,’ according to its publication, International Narcotics Control Strategy Report 2016. It states, ‘Kenya remains vulnerable to money laundering and financial fraud. It is the financial hub of East Africa, and its banking and financial sectors are growing in sophistication. Furthermore, Kenya is at the forefront of mobile banking.’

It is for this reason that the Financing Reporting Centre (FRC) was established in 2012 to track such illicit proceeds. However, because of the lack of capacity, the FRC has only managed to process 254 of the 878 suspicious transaction reports (STRs) submitted to it since it was created, and forwarded the results to investigation and prosecution agencies. Nobody has been convicted.

iv. Legislation

The Narcotics Drug and Psychotropic Substances (Control) Act came into force in 1994. It provided for a Ksh1 million ($10,000) fine and seizure of wealth. At the time, this was regarded as highly punitive and deterrent enough. But as it turned out, the legislation has hardly proved a deterrent.

Indeed, in hindsight, this piece of legislation may be a blessing in disguise for cartels.

Firstly, the drafters lacked foresight; the legislation appears to target marijuana and not necessarily hard drugs such as cocaine, heroin and the designer drugs. If you look at the penalties, in particular the fine, it is clear that authorities didn’t foresee a much higher-value drug. Heroin, cocaine and the so-called designer drugs are pricey. An offender needs just a half kilo of heroin to pay the fine.

In a report published after Kenya’s 2013 general election, the US Department of State said of Kenya, ‘Drug barons use the proceeds to contribute to political campaigns and to buy influence with government officials, law enforcement officers, politicians, and the media.’

Second, this legislation gives judicial officers considerable leeway that they can abuse to let drug barons off the hook – or mete out very lenient sentences. Ideally, the weight of the sentence should depend on the amount of drugs and/or their street value. But as a look at some of the rulings shows, the prices are arbitrary. For instance, in Criminal Case 313 of 2010, some 20 grams of heroin were valued at Ksh200. But in Criminal Case 702 of 2010, in Kibera, 11.054 kilos were valued at Ksh11,054,000 (Ksh1 million per kilo). And in Criminal Case 1302 of 2010, Mombasa, 2 grams were valued at Ksh4,000.

There is also a wide discrepancy in the sentences. In Criminal Case 1176 of 2011, the Mombasa principal magistrate convicted George Awuor Mbwana to 10years and Ksh1 million for trafficking 10 sachets of heroin valued at Ksh3,000 – although this sentence would be reduced to five years in 2014 upon appeal. In Criminal Case 705 of 2009, the Malindi chief magistrate sentenced Carolyne Auma Majabu to life imprisonment plus a Ksh1 million fine for trafficking seven sachets of heroin valued at Ksh700.

According to UNODC’s Country Review Report of Kenya 2010-2015, there appear to be problems in regard to proportionality, consistency and adequacy in sentencing/convictions in cases related to drugs as well as economic crimes, such as money laundering.

Cartels Battle

A year ago, Nairobi Governor Evans Kidero complained about ‘state capture’ by organised criminals. Without mentioning their identity, he said they were providing Nairobi residents with free-of-charge services that are meant to be sources of revenue to counties. He said the underworld individuals were out to purchase political power by using the proceeds of drug trafficking.

This wasn’t the first time such a complaint had come up. Within and outside Kenya, people are convinced that the underworld is not only entrenched in Kenyan society, but that it is influencing the country’s political development. MPs, Senators and Governors, military and police officers, preachers and businesspeople are linked to trafficking but their identities are only mentioned in hushed tones.

None of them has been prosecuted or charged in court for their involvement in the illicit business.

In a report published after Kenya’s 2013 general election, the US Department of State said of Kenya, ‘Drug barons use the proceeds to contribute to political campaigns and to buy influence with government officials, law enforcement officers, politicians, and the media.’

According to CID sources, authorities have isolated four types of networks that drive the Kenyan drugs underworld: The loose or fluid network often cobbled together for a one-off deal – which collapses thereafter; the highly secretive patriarchal or kinship-based networks that control the illicit trade at the Coast; the upcountry syndicates that bring together mostly business allies and their political friends; and the trans-border cartels that bring together Kenyans and foreigners.

Cartels operate on political expediency. Specific cartels emerge during specific political seasons or regimes. That apart, the divisions – sometime blurred – may also be based on location or base of operation of the cartel, smuggling routes, and nationality and family links

Whatever type of network, close relationships among the players, also called nodes, are critical to their conduct and survival – what Margarita Dimova calls ‘compact, supple’ in the report, A New Agenda for Policing: Understanding the Heroin Trade in Eastern Africa.

Normally, the Kenyan cartels comprise just dozens of players who are mostly family members or business partners or acquaintances. Extra hands may be roped in case of extra load or work.

According to sources within the ANU, the cartels combine drug trafficking and smuggling (of humans and goods) and counterfeiting. Thus, Kenya’s underworld never lacks choices; drug lords can easily switch their business to conceal their tracks.

Interestingly though, the networks transform very fast in response to the changing political landscape. In the past 15 years, a number of cartels have collapsed while new ones have been formed to fill the void. The Mombasa-based Akasha organisation went down during President Kibaki’s regime while others emerged, linked to the new crop of politicians at the Coast and further inland.

It is important to note that churches have become key conduit for drug lords. In February 2014, a New Zealand missionary who often travelled to Nairobi was jailed for 12 years for trafficking 6.15 kilos of meths and 2.87 kilos of heroin, all valued at Ksh200 million, to Australia

Cartels operate on political expediency. Specific cartels emerge during specific political seasons or regimes. That apart, the divisions – sometime blurred – may also be based on location or base of operation of the cartel, smuggling routes, and nationality and family links.

Nairobi-based operatives, Kenyans and foreigners, depend on the airports and land routes to transact their illicit business. On the other hand, the so-called Coast Mafia has seized Mombasa port, airstrips at the coast, and myriad docking points on the Indian Ocean coastline.

BRIBING A GOVERNMENT ALREADY STEEPED IN CORRUPTION

For a long time, while Kanu was in power and Daniel arap Moi was president, the narco-trade was controlled from Kenya’s Coast, especially at the port and in Malindi. The Coast Mafia (including the Akashas and a former nominated MP based in Mombasa) and Europeans (Italians and Germans) were in firm command of the business. Kenyans and Nairobi-based West Africans (Nigerians, Ghanaians and Guineans) played the role of couriers or middlemen.

Drug lords used their ill-acquired proceeds to bribe a government that was already steeped in corruption. In the process, the kingpins were able to easily launder money by investing it in real estate, exports and imports, and in trans-shipment.

The Italians, after elbowing out the Germans, invested their proceeds in real estate – constructing 4,000 villas and homes along the beach and on second row plots. There were complains that the villas were hideouts for fugitives but the government did little to investigate the claims. It now emerges that convicted Italian fugitive Leone Alberto Fulvio used Malindi as a hideaway from Italian authorities for close to 23 years. While in Kenya, Fulvio got citizenship, a gun licence and a certificate of good conduct, and was cleared by the Kenya Revenue Authority. His cover would later be blown by the Interpol. He is now fighting extradition.

According to Frederico Varese, the author of the book Mafias on the Move: How Organised Crime Conquers New Territories, Malindi provides an ideal mafia revenue source, and a locale for money-laundering.

On the other hand, the Coast Mafia formed clearing and forwarding companies and got into export and imports and the transport business. And during Kibaki’s regime, they began setting up Container Freight Stations.

THE AKASHA EXTRADITIONS

Earlier this year, a specially selected team of Police officers assisted by America’s DEA spirited the so-called Akasha brothers – Baktash Akasha Abdalla and Ibrahim Akasha Abdalla – and their Indian cohorts Gulam Hussein and Vijaygiri Goswani to the United States to face charges of narco-trafficking.

US prosecutors who sought the extradition say their organisation is responsible for ‘production and distribution’ of large quantities of narcotics. ‘As alleged, the four defendants who arrived yesterday in New York ran a Kenyan drug trafficking organisation with global ambitions. For their alleged distribution of literally tonnes of narcotics – heroin and methamphetamine – around the globe, including to America, they will now face justice in a New York federal court,’ said Manhattan U.S. Attorney Preet Bharara.

The four were arrested in a sting operation originating with a Moroccan informer in November 2014. It came four months after the Vetted Unit seized 341 kilos of heroin concealed in a ship’s fuel tank.

But it wasn’t until after the murder of their father, Ibrahim Akasha, that Kenya woke up to the fact that it had its prototypical global drug lord. For a long time, Ibrahim, killed in Amsterdam in 2000, was the drug kingpin of the East African region. He controlled Mombasa port and landing sites between Kilifi and Vanga in the south of Mombasa. The Italians reigned unchallenged from Kilifi north to the Somalia border.

Ibrahim’s battles with local businessmen were muted and rarely became public because he never ventured out of the drug business, even as his rivals moved into transport, import and exports, and real estate to launder their profits.

He suffocated the West Africans, especially the Nigerians and Guineans, who were forced to take up the secondary role of couriers or middlemen from their bases in Nairobi. Other Kenyans who have since amassed wealth from drug trafficking also played second fiddle to the Akasha narco-machine.

The Akashas used Mombasa port to bring in heroin and hashish from Pakistan and cocaine from the Americas. It would then be blended with tea or coffee, to confuse sniffer dogs, and then packaged, ready for export to Europe and the United States. He also had associates who did the refining, dilution and repackaging

While the Akashas controlled the maritime routes, foreign networks held sway at the JKIA and the Moi International Airport in Eldoret.

The Akashas’ empire flourished because it was kinship-based. But two things happened that changed the fortunes of this cartel and placed it on a warpath with itself: Patriarch Ibrahim was murdered; and Mwai Kibaki replaced Moi as president of Kenya.

When Akasha senior was killed, his protégés/understudies were left splintered and in confusion. The death stoked a bitter feud within the family that led to several deaths. A number of Kibaki allies used their influence in Nairobi to target the Akashas and get into the business.

It has taken time for the Akashas to rebuild. Now they are part of the supply chain that stretches from the poppy fields of Afghanistan through India into East Africa. US authorities who extradited two of the Akasha sons and their Indian cohorts say their organisation is responsible for ‘production and distribution’ of large quantities of narcotics.

In India, it was reported last year that the Akasha organisation and their Indian collaborators had transported 100 kilos of morphine base, which can be refined into heroin, in January 2016. Some months ago, the Times of India newspaper reported on a plan by the Akasha sons and their Indian collaborators – Vicky Goswami and his former actress girlfriend Mamta Kulkarni – to set up a manufacturing and drug refining operation in Kenya.

ENTER THE EUROPEANS, EXIT THE NIGERIANS

European cartels have also moved into Kenya following the collapse of the Opium Trail. They managed to solidify their base during Kibaki’s regime by creating networks with Nigerians and local politicians.

In the decade from 2003 to 2013, this would morph into what Anti-Narcotics Unit sources called a ‘super cartel’ that roped in several MPs and foreign drug lords. It also recruited security and military personnel and powerful businessmen at the Coast.

The vicious cartel, which coalesced around close allies of president Kibaki, almost wiped out the Akashas and other networks of drug-lords cum politicians developed during president Moi’s time.

The super-cartel is alleged to have been behind the assassination on New Year’s Day 2006 of DCIO Hassan Abdillahi who had been tasked with investigating the theft of containers at the Mombasa Port. Three brothers of Kiambu governor William Kabogo (whom then US ambassador William Bellamy described in the Wikileaks cables as ‘known thug and rich-far-beyond-visible-means’) were arrested over the murder.

The cartel feared that the lead investigating officer was working with the Akashas to target them.

The government’s crackdown on the West Africans has created a void in the heroin trafficking business that has now attracted Kenyan, Tanzanian, Chinese, Indian and Eastern European cartels. Indeed, according to ANU sources, West Africans appear to have lost the heroin market to Asians, Tanzanians and Kenyans following the emergence of the Smack Track route. They had dominated this market so long that they had managed to push the pioneer drug-lords, including the Akashas, out of Nairobi, only to find themselves out of the loop when conflicts in North Africa and parts of Europe made the Turkey route impassable.

It is important to note that churches have become key conduit for drug lords. In February 2014, a New Zealand missionary who often travelled to Nairobi was jailed for 12 years for trafficking 6.15 kilos of meths and 2.87 kilos of heroin, all valued at Ksh200 million, to Australia. Ms Bernadine Terry Prince (aka Pastor Bernie McCully), 42, who was married to a Nigerian, was arrested after she had toured Nairobi, Nigeria, and Cambodia. She claimed she was the Australian chief executive of Oasis of Grace Foundation that has affiliates in Kenya, Ghana, and several other countries. She was a missionary with Oasis of Grace International Church in Nairobi’s Kayole Estate.

Prior to her arrest, she had attended a conference in Nairobi and later spent time in Nigeria and Cambodia. In her defence she claimed that a Kenyan, Mummy Rose, her given her seven backpacks with handicrafts to sell in Australia. The court found drugs and not handicrafts.

President Uhuru Kenyatta has moved to dismantle the cartels that formed during Kibaki era. But his war is unstructured and some of those he is targeting are close allies of his friends. Uhuru first targeted foreigners, clipped the wings of a cartel run by a former assistant minister and later trained his guns on the Coast Mafia, including Joho’s family.

A Senator allied to the ruling party runs a trafficking network that operates from Wilson Airport. According to senior military officials who have served in Somalia, as at last year, authorities in Somalia had confiscated two containers destined for Kenya that belonged to the Senator. ‘One had electronics and the other had a white substance. We couldn’t isolate the substance so it was anybody’s guess,’ a Somali official said. The military officer has since been redeployed elsewhere so it’s still not clear what happened to the containers.

According to the International Drugs Policy Consortium, a policy network that promotes open discussion on drug policy, the Kenya-Somalia border is a playground for drug cartels that operate without fear of being detected

‘Local and international drug smugglers are taking advantage of the limited resources of security forces and borders control like, for example, on the border between Kenya and Somalia where drug smugglers can operate without being detected,’ says the consortium report.

But, in an interview for this report, police spokesperson George Kinoti denied knowledge of the Somalia route. ‘So far, we have not been able to detect drugs trafficking on the Somalia route. The route has not been known for drugs coming to Kenya.’

The Mail&Guardian warns that drugs, crime and dirty money are so entrenched in Kenya that any threat to destabilise this underworld could actually be detrimental to the entire economy

STATE CHALLENGE: NO COHERENT RESPONSE

Kenya’s anti-drugs war is characterised by haphazard half-measures. Authorities appear to dither even as the prevalence of trafficking – illustrated by the number of couriers in jails and large seizure amounts – continues to rise. There hasn’t been a coherent response to the menace. Indeed, responses have oscillated from ‘mute, bizarre or half-hearted reactions, to outright lies to bold admission,’ according to a Western diplomat.

In a recent interview, Kinoti said, ‘Here in Kenya, I can say drug trafficking is a challenge but not a huge problem. Our security agencies are up to the task when it comes to dealing with drug trafficking.’

Hamisi Masa, the ANU boss, told Reuters, ‘Now, it is not just about us here in Kenya …The whole world is involved.’

When he destroyed a vessel seized with 370 kilos of heroin in 2014, President Kenyatta thundered, ‘We will not allow drug barons to destroy the future of our young people. We will track and deal with them decisively.’ Commenting on the destruction, John Mututho, the NACADA boss, promised to reveal the people behind the narco business in Kenya. ‘We are investigating 50 suspected drug barons and we are sure we will recommend action by the end of the year.’

After more than two years, no names have been released.

Few believe the government is serious in its war against the drug barons

Narcotics Impact

The Mail & Guardian, a leading South African newspaper, warned in a recent report that Kenya was hurtling towards becoming Africa’s second ‘narco-state’ after Guinea Bissau. Titled The Making of an African Narco State, the news piece warns that drugs, crime and dirty money are so entrenched in Kenya that any threat to destabilise this underworld could actually be detrimental to the entire economy. ‘Kenya is emerging as a money laundering hub; incredibly, trying to stop the illicit flow of money could hurt the economy more than letting it continue.’

(A narco-state, according to Collins English Dictionary, is ‘a country in which the illegal trade in narcotics drugs forms a substantial part of the economy.’)

‘We are in deep trouble,’ a senior anti-narcotics officer told this writer. ‘The security agencies, the police, the politicians and some mandarins are either in bed with the drug barons or are the kingpins. You cannot isolate the barons.’

According to reports, more than 3,000 Kenyans are rotting in foreign jails, with some serving life sentences while others await execution. Others have died in jails abroad. About 3,000 are in local jails, convicted over hard drugs. The politics of Kenya’s major towns, Nairobi and Mombasa, is now influenced by drugs. While some drug-lords hold top offices in the country – two governors, a Senator, several MPs and other politicians are on the radar of the Vetted Unit, others, including top bureaucrats, police and judicial officers, provide protection to the barons.

‘We are in deep trouble,’ a senior anti-narcotics officer told this writer, but asked that his name not to be published lest he offended his bosses, some whom are allies of known drug barons. ‘Will we get out this? I doubt it. The arresting agency is a prisoner too. In fact, the security agencies, the police, the politicians and some mandarins are either in bed with the drug barons or are the kingpins. You cannot isolate the barons.’

Undeniably, Kenya is a major trafficking hub for drugs. It also has a growing consumption problem. Those interviewed for this report detailed a number of approaches that can help defeat traffickers and trafficking: Detect, deter and interdict. It needs strengthening of the country’s data collection systems, international co-operation, effective border controls, and law enforcement.

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Mr Opala is a freelance investigator based in Nairobi.

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Uganda: Why Only Public Oversight Can Stem Corruption and Incompetence in the Public Service

It is more productive for Ugandans to focus on the underlying incompetence in public administration and to devise means of increasing public oversight of the Treasury.

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Uganda: Why Only Public Oversight Can Stem Corruption and Incompetence in the Public Service

It is that time of the year when the Auditor General’s annual report, released at the end of December, is drip-fed to Ugandans, query by query. The majority of the population will only ever know headlines such as “Uganda’s Public Debt Worrying”. Along with the news that Uganda’s public debt has risen by 22 per cent, the latest report carried the first official confirmation that the country’s sovereignty has been put at risk by the terms and conditions of some loans. These two alarming pieces of information received minimal response from the public.

What did not make the news was that significant amounts of the petroleum fund set aside for infrastructure development is being used instead to fund the recurrent budget (wages, consumables, transport etc.) amounting to UGX.125.3 billion ($34,137,671).

Revenues receivable from oil developers amounting to UGX 12,877,415,932 ($3,508,073), have not been collected. A number of other entities have failed to collect monies due to them and it is possible the receivables have been diverted.

Outstanding Receivables

Outstanding Receivables

There is a real risk of loan default given that borrowing and on-lending to parastatals has increased by 975 per cent, from UGX 431 billion ($117,409,571) in 2015/16 to UGX 4,634 billion ($1,262,612,871) in 2017/18 even as parastatals continue to fail to repay earlier loans. Parastatals have traditionally been conduits for public funds in to private hands.

The debt to revenue ratio is now 54%, the highest in the region and projected to rise to 65% in 2020 when some loans expire. Historically, nothing above 40 per cent debt to revenue ratio has been sustainable. Interest payments as a percentage of revenue collection, at 17 per cent, are also above the accepted threshold of 15 per cent. The AG first flagged unsustainable interest payments in 2016 when they were still at 16 per cent of revenues.

Other areas of deterioration in financial management reported are: a rise in contingent liabilities (including potential court awards) to UGX 9.4 trillion ($2,560,731) from UGX 7.5 trillion ($2,043,187) a year ago; unpaid court awards and compensation against the government have risen to UGX 655 billion, from UGX 648 billion ($176,509,616) in 2017. Interest on a section of judgment debts is UGX 124 billion ($33,790,210). Yet awards made in favour of the government amounting to UGX 20.6 billion ($5,611,883) have not been collected.

The debt to revenue ratio is now 54%, the highest in the region and projected to rise to 65% in 2020 when some loans expire. Historically, nothing above 40 per cent debt to revenue ratio has been sustainable.

The country has continued to fall short of the amounts it is required to contribute to donor-aided projects. In 2017, the shortfall was UGX 43 billion ($11,714,056) and rose to UGX 1.6 trillion ($435,891,546) in 2018.

The Youth Livelihood Programme attracted more attention than the debt situation, with its salacious details involving revolving loans being made to youth groups, 67 per cent of which do not exist. A small minority will find out from Twitter that 79,000 army veterans haven’t been paid their pension and gratuity arrears worth UGX 500 billion ($136,211,575) or that UGX 65.6 billion ($17,843,484) was released by the Treasury for pensions but was returned after the recipients could not be verified or were being deliberately frustrated by ministries, departments, agencies and local governments. (The latter is more likely. This writer was involved in arm-wrestling the Education Service Commission and the Ministry of Education for an elderly friend’s gratuity. A Ministry of Education official demanded an unspecified “share”; it was denied to him, and so the gratuity was not paid.)

The full report will come into its own with daily television coverage later in the year when the Parliament Accounts Committee (PAC) gets round to debating it. There will be further scrutiny if and when COSASE, Parliament’s committee on commissions, statutory authorities and state enterprises, debates its management. COSASE might spend some time trying to understand why out of the 11 public enterprises in which the government has invested UGX 70 billion ($19,067,642) only Kalangala Infrastucture Services is operational. KIS first came up for mention by the AG in 2016 when it was discovered that it had been paid UGX 16 billion ($4,358,994) to run two ferries between Ssesse Islands and the mainland while the nine other ferries countrywide were operated on a combined total of UGX 10 billion ($2,724,196). The AG pointed out that a new ferry can be acquired for UGX 14 billion ($3,813,865). KIS has never declared profits since the project began in 2012.

All except two of the government’s non-operational commercial enterprises are in the agricultural sector and were designed to transform smallholdings into commercially viable farms (See the State of the Nation Address 2018), fruit and sugar factories and tea factories and growers.

Non-operational Projects

Non-operational Projects. Source: Auditor General’s Report, December 2018

This should come as no surprise given that the AG had earlier warned against these investments made without strategic plans or feasibility studies;

Lack of guidelines for strategic investments

“The government, through the Uganda Development Corporation, is undertaking investments countrywide in the areas of fruit processing and helping others to set up industries in Soroti, Luwero, Kabale and Kisoro districts. These investments cumulatively amounted to UGX 26.6 billion ($7,246,598). However, I noted that there was no policy to guide the establishment of these investments.” The Auditor General’s report of 2016 also shows that some of the investments have been undertaken without feasibility studies on marketability and commercial viability.” (Auditor General, 2018)

The competence of parliament and the general public to oversee public expenditure is also in issue. Kira Motor Corporation (KMC), recently in the news for test-driving a car supposedly made in Uganda, was audited and is listed as non-operational in 2018.

It was only noticed when in February 2019 a parliamentary committee visited KMC and found that the plant does not exist. Where foundations and scaffolding worth UGX 15 billion ($4,087,095) had been expected, there was only bush. Like other presidential initiatives announced to fanfare and outside the NDP, KMC is being revealed as a scheme for gaining access to Treasury funds that have been embezzled.

Nugatory expenditure is a useful indicator of competence in the public service. The AG defines it as avoidable and therefore wasteful “expenditure that does not achieve any result”. In 2017 UGX 2.74 billion ($746,508) was wasted on “delayed settlements of obligations arising from contracts for construction services, court awards.” In 2018, the Ministries of Water and Education lost UGX 1.6 billion ($435,900) on “interest charges including on interest on delayed payments, litigation costs for wrongful termination of contracts and refund of embezzled funds”.

Masked corruption

However, the details are no longer important and not many more can be taken in by an exhausted polity. It is more productive for Ugandans to focus on the underlying incompetence in public administration that gives rise to audit queries such as these and to devise means of increasing public oversight of the Treasury. Some audit queries arise out of incapacity but most mask corruption.

It was only noticed when in February 2019 a parliamentary committee visited KMC and found that the plant does not exist. Where foundations and scaffolding worth UGX 15 billion ($4,087,095) had been expected, there was only bush. Like other presidential initiatives announced to fanfare and outside the NDP, KMC is being revealed as a scheme for gaining access to Treasury funds that have been embezzled.

Take wetland management. It has been government policy for at least a decade to halt encroachment on wetlands. The reasons are both to prevent environmental degradation and to maintain access for communities that derive livelihoods from them. The Wetland Management Department has not updated the inventory of wetlands since 2000; they are neither demarcated nor gazetted. This omission is convenient for those who acquired illegal title in the wetlands in anticipation of the planned standard gauge railway and the compensation that would have to be paid for them being vacated. In 2017 the National Environment Management Authority announced that the titles were to be cancelled. In 2018, the AG found that the cancellation exercise was not funded and therefore did not take place.

The target of restoring 12 per cent of destroyed wetlands by 2020 is unlikely to be met. Degradation of the wetlands outpaces restoration, with only 0.3 per cent of the targeted restorations having been implemented.

Furthermore, it has been found that reclaiming wetlands as part of irrigation schemes has led to enclosure of the irrigated land and exclusion of the local populations dependent on them for their survival. Land management generally is in similar straits with two million hectares belonging to the police, prisons and Ministry of Agriculture encroached upon. At the time of writing a massive tract of wetland is being filled with earth on the Bombo Road – a highly visible highway leading north out of Kampala. The public is mystified.

Thirty-four per cent of ministries, departments and agencies (MDAs) and local governments are understaffed. The level in 2016 was more or less the same – 119 local governments were understaffed by over 40 per cent. “This affects service delivery as a majority of these are critical jobs like doctors, clinical officers, Professors, Commissioners.” (Auditor General). The most affected are public universities and local governments. Following[1] is a sector by sector list of audit findings for MDAs highlighting the understaffing and other difficulties they face.

Then there is the usual corruption, such as the case of six officials in Apac District receiving over UGX 2 billion ($544,883) without supporting documents; financial controls are still being overridden because the twenty-year-old IFMIS has still not been rolled out country-wide. Where it does operate, controls have been by-passed to allow UGX 369 billion ($100,531,084) in expenditure not related to the relevant budget line (up from 168 billion in 2016), unaccounted for expenditure of 21.7 billion ($5,912,119) and nugatory expenditure of 66.9 billion ($18,226,765). Undisclosed arrears, which may or may not be genuine, amount to UGX 377 billion ($102,707,560).

Overall responsibility must be ascribed to the top leadership of the public service, the planning departments of the Ministry of Finance, line ministries and local governments. Unfortunately, that is where the largest gaps exist between expected services and outcomes.

In 2016, a large number of MDAs failed to submit strategic plans “as a result most sector plans and targets are not aligned with the National Development Plan (NDP) and assessing service delivery and level of implementation of the NDP is difficult without service delivery standards and regular interviews.”

However, the details are no longer important and not many more can be taken in by an exhausted polity. It is more productive for Ugandans to focus on the underlying incompetence in public administration that gives rise to audit queries such as these and to devise means of increasing public oversight of the Treasury. Some audit queries arise out of incapacity but most mask corruption.

Low debt absorption is understandable now that it is clear that money is borrowed without plans. In 2016, UGX 18 trillion ($4,903,604,818) was committed but was not disbursed. The Treasury paid UGX 20 billion ($5,448,388) in wasted commitment fees for those loans. In 2018, the trend continued; municipal councils under the Uganda Support for Municipal Infrastructure Development failed to utilise UGX 95,006,243,857 ($25,881,547) while the project support unit did not utilize UGX 6,722,829,229 ($1,831,386). This occurred against the background of “various incomplete and abandoned works due to non-payment of contractors. Work on Mbarara-Nkenda and Tororo-Lira transmission lines was delayed for almost 8 years resulting into cancellation of the loan by the funder with an undisbursed loan amount of USD 6.5m”.

The same loan was audited in 2016 when the unabsorbed amount was UGX 94.783 billion. Officials at that time attributed the failure to a lack of specialised staff (understaffing), which in turn limited their capacity to procure specialised equipment, such as for land surveys.

A minor but interesting detail is that 115 properties under the management of the Departed Asian Custodian Board (DAPCB) have been repossessed by their former owners who were compensated for these properties in 1999. These properties may be lost to the State once the winding up of the DAPCB is complete.

Class action suits

Returning to the issue of an appropriate response to the Auditor General’s findings, the aggrieved have a number of options. The most promising would be to file class action suits for negligence and any losses consequent upon that, be they avoidable deaths in hospital or those caused by bad roads.

Where funds have been available and commitments made, the failure to transmit electricity for eight years and resulting loss of industrial capacity and simple comfort of the affected population is similarly actionable. Nugatory expenditure is actionable in its own right but various communities can demonstrate in lawsuits how it has adversely affected them and obtain compensation.

It is the right of affected populations to petition the Ombudsman, individual MPs, as well as COSASE. If they appear toothless, it may be because the public they represent has abdicated responsibility for the economy.

[1] ANNEXURE II: SUMMARY ENTITY FINDINGS OF MDAS Table 2.1 Adverse Opinions

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The Original Sin: Land, Politics and the History of Ethnic Tensions in the Rift Valley

As the theatre of the politics of succession leading to 2022 plays out in the expansive Rift Valley region, the spectre of the ever-simmering land question looms large. By DAUTI KAHURA

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The Original Sin: Land, Politics, and the History of Ethnic Tensions in the Rift Valley

“Chitap koret,” this is my ancestral land, a Kalenjin from the Sabaot community, one of the nine ethnic dialects that make up the Kalenjin nation, said to me at the foothills of Mt Elgon, in Trans Nzoia County. Sabaots are a pastoralist community and just like the Maasai people, believe in keeping cattle – even the poorest Sabaot must have a cow or two. “Kalenjin believe North Rift especially belongs to them and nothing will change that,” said Kip, my Sabaot acquaintance.

“These people (the Kikuyus) will always be tenants on our land,” said Kip. “They are here temporarily. It doesn’t matter whether the land they occupy has been bought legally or not, was dished out, bought from one of us or any other person, whether it has a title or not. One day they must vacate this land.” Kip said mutual suspicion between the Kikuyus and Kalenjin in the Rift Valley will always abound. “Mark my words,” said Kip emphatically, “just like the Kikuyu don’t forget, we Kalenjin don’t forgive – we will revisit the issue of land ownership in the Rift Valley. We will soon show them who the true owners of the Rift Valley are.” It was an ominous threat.

Every time there is a shift in the political relations at the national level, between the Kikuyu and Kalenjin elites, every time these elites engage in a public spat, the Kalenjin people of the greater Rift Valley allude to foreigners among them who should be ejected. Every time the issue of foreigners arises in the Rift Valley region, the first targets are specifically the Kikuyu people, some of whom have lived in the Rift Valley region for the last 70 years.

Kip said mutual suspicion between the Kikuyus and Kalenjin in the Rift Valley will always abound. “Mark my words,” said Kip emphatically, “just like the Kikuyu don’t forget, we Kalenjin don’t forgive – we will revisit the issue of land ownership in the Rift Valley. We will soon show them who the true owners of the Rift Valley are.” It was an ominous threat.

The genesis of the land quagmire between the Kalenjin and Kikuyus in the Rift Valley region, traces back to the 1940s, which the British colonial government exacerbated by settling the Kikuyus in the area. An annual colonial write-up of 1957 reported, “In common with other Kalenjin people, however, there is everywhere else, dislike of the Kikuyu settlement being established in what is regarded as their district’s sphere of influence in Uasin Gishu”.

Yet, the colonial government had, by the turn of the 19th century, sowed the seeds of discord, when it pushed many of the ethnic communities into reserve lands and squatter camps, to create room for cash crop growing by the European settler farmers in the White Highlands. Central Kenya, Rift Valley and Coast Province were the major culprits in this settler land colonial project.

A pastoralist community, the Kalenjin, however struck an exceptional deal with the settler farmers: provide manual labour in the farms for exchange of grazing rights. But come the mid-1940s, this arrangement was destabilized, because the settler farmers needed more land for their cash crops. Why? World War (II) had ended in 1945 and Europe had decimated most of its agricultural lands for cash crop production. In addition, the Kalenjin people were expanding in population, even as their livestock grew in numbers. They too were demanding more land to graze their animals. This naturally created further tensions.

The first thing the colonial government did in reaction to this agitation by the Kalenjin was, to contain them in squatter camps and deny them grazing land. A warrior-like people, the Kalenjin refused to be squatters in the settler farms. So, in search of pastureland, they trekked off. This migration led them to central Rift Valley, Taita-Taveta and even in as far as Tanzania.

Every time there is a shift in the political relations at the national level, between the Kikuyu and Kalenjin elites, every time these elites engage in a public spat, the Kalenjin people of the greater Rift Valley allude to foreigners among them who should be ejected

To replace the departing Kalenjins, the colonial government brought in the Kikuyus from Central Kenya to work in the settler farms arguing that the agrarian, sedentary Kikuyus were hardworking and attuned to plant cultivation, unlike the “lazy” pastoralist Kalenjin.

By 1950s therefore, Kikuyu population in the Rift Valley had tremendously grown and this greatly upset the indigenous Kalenjin. This is around the time the Kalenjins started agitating for their land and viewing Kikuyus as strangers and intruders. Hence, the temporary halting of more “importation” of Kikuyus from Central Kenya to Rift Valley, according to colonial reports that quoted Mr P.H Brown, the Uasin Gishu District Commissioner (DC), who recommended the stop.

But, no sooner had Brown stopped further Kikuyu migration into the Rift, than his successor revoked the decree. Mr R.S Symes-Thompson pointed out that Kikuyus were central to agricultural success in the settler farms. It is an arrangement that Jomo Kenyatta inherited and perfected when he became first, the Prime Minister in 1963 and, later President in 1964.

When it became apparent that the British would have to relinquish its power in Kenya, they bought between one and three million acres of land to resettle the landless. They also put a caveat to land ownership: any Kenyan would own land anywhere in Kenya, regardless of their ancestral origins and ethnicity. Secondly, there was no free land. If anybody wanted to buy land, it would, henceforth be, on a willing-seller, willing-buyer. It is an arrangement that greatly favoured the Kikuyus and that Kenyatta took to heart and implemented it even better than the departing British. To date, these two decrees appear in the new promulgated 2010 constitution.

To this end, the British colonial government gave Kenyatta’s government 100 million sterling pounds under the Settlement Fund Trustees (SFT) to buy land for the squatters – many of who were Kikuyus. In 1969, fiery Nandi MP Jean Marie Seroney, convened a charged meeting to debate the land question in Rift Valley. The Nandi Hills Declaration was the aftermath of that meeting, which decreed all land in Nandi belonged to the local community, that would henceforth oppose any further acquisition and settlement of Kikuyus in the area.

Moi who was the Vice President and Minister for Home Affairs and was Seroney’s political nemesis, threw him into detention. The Kalenjins have always argued that even when they had money to buy their own land, the Kenyatta government opposed the move. They cite the example of the Makonge (sisal) Farm in Ziwa. The attempt to buy this land was thwarted by the state in 1976, leading to the arrest of Eldoret North MP, the controversial Chelagat Mutai. The farm, instead, was handed to a land buying company belonging to Kikuyus.

In Property and Political Order in Africa: Land Rights and the Structure of Politics, published in 2014 by Cambridge University Press, Catherine Boone, ably tackles the intricate interconnectedness of supra local politics and land ownership in the volatile Rift Valley region.

“The statist land tenure regime (LTG) established in the Rift Valley farming districts by the colonial state was perpetuated and elaborated by the Kanu government after independence,” writes Boone. She says, the government bought the land from the departing European settlers, and allocated the land through settlement schemes to smallholder farmers between 1960–1975. “The rest of the land so acquired was transferred in the form of large estates to high ranking members of the Kenyatta regime entrenching their status as an economic, as well as a political elite.”

Burnt Forest area – which become infamous in December 2007, after some Kikuyu families were trapped in a Pentecostal church and that was set on fire, burning mostly women and their children below 10 years – “become a zone of mostly Kikuyu settlement schemes and was purchased by the state in 1965.” During the highly contested presidential 2007 election, the Opposition coalition led by Raila Odinga, running on an ODM ticket cried foul and accused the Mwai Kibaki led Party of National Union (PNU) of stealing the elections, provoking ethnic cleansing in Rift Valley, especially in areas that were heavily populated by Kikuyu. Burnt Forest became one of the notorious flashpoints of that ethnic warfare.

“Many settlers on the Uasin Gishu and Trans Nzoia Districts schemes were Kikuyu who had previously been employed on European farms in these areas” points out Boone. “Under Kenyatta, the kanu government used its land powers to open the Rift to settlement by peoples and persons who were not recognized by the state as indigenous to these jurisdictions, and who did not claim ancestral or customary rights in these areas.” Boone adds, “Under colonial rule, these people were categorized into state-recognized ethnic groups (the Nandi, Kipsigis, Maasai, Tugen, Elgeyo, Samburu, Marakwet, Sabaot, Pokot Terik, Turkana and so on).”

Catherine Boone who is a professor of Government, International Development and Political Science at the London School of Economics (LSE), makes the point that even after these communities were pushed to the margins of their lands (presumably to create room for the sedentary communities such as the Kikuyu to engage in agricultural farming), the loss (of land) did not decrease, or become less onerous, overtime.

Conflicts over access to land in Kenya’s Rift Valley have marked all stages of Kenya’s national history and shaped each critical juncture, says Boone. “The colonial state expropriated much of what is now Rift Valley Province from the Maasai and other people indigenous to the Rift. The British proclaimed direct jurisdiction over what it designated as Crown Land in the Rift Valley in 1904.”

Boone argues in her book that “the farming districts of Kenya’s Rift Valley Province are some of the most productive and highly commercialized rural zones of sub-Saharan Africa. These districts – Nakuru, Trans Nzoia, Uasin Gishu and Nandi – are territories with high in-migration and high ethnic homogeneity and with settlement patterns and land allocation authored directly by the central state. It is also one of Africa’s worst conflict-ridden rural areas, with a long and bloody history of land-related struggles.”

Once Daniel arap Moi was in control of the state organs, after succeeding Mzee Jomo Kenyatta in 1978, “he used the central state’s land prerogative in Rift Valley to reward its own clients, who were encouraged by the regime to coalesce around ethnic identity, Kalenjin-ness that was centred on indigeneity (autochthony) in the Rift Valley,” notes Boone. “From 1986 on, government forestlands became caisse noire of patronage resources that were used to cement elite alliances and build political support for Moi among Kalenjin constituencies he needed as a mass power base.”

Hence, “evictions of Kenyatta-era forest squatters and the declassification of new forest land opened a land frontier that Moi used to settle thousands of Kalenjin families. Most Kikuyus were expelled from the Mau Forest in the 1980s, so that Kalenjins could move in. Many were allowed to settle south of Njoro.”

In the South Rift, largely composed of the Kipsigis, Kalenjin’s biggest dialect, a simmering anger of volcanic proportions is going on, brought about by the eviction of the Kipsigis people from the Mau Forest beginning 2018. Many were settled there, originally by President Moi in the early 1980s, soon after becoming the second president of Kenya, and for some as late as 15 years ago during the tenure of President Mwai Kibaki. The Kipsigis are now accusing the Deputy President William Ruto of ominous silence, as they are forcefully being kicked out and their property burned.

Daniel Burgei told me the Kipsigis helped marshal Kalenjin vote for Jubilee Party through Ruto, “now he is mum about the evictions. This is very troubling as we watch this whole spectacle in bewilderment. The Kipsigis have been practicing shamba system in the Mau Forest, where the soils are rich, do not need fertilizer and are good for cabbage, maize potatoes and tomato production. They also have been keeping livestock; cows, donkeys, goats and sheep.” Yet, in the process, they have hived huge chunks of the forest by cutting trees, hence destroying the natural environment, all in the name of giving way to farming, said Burgei.

Ruto, like Moi in the 1970s when he was Jomo Kenyatta’s VP is accused by a section of the Kalenjin people of keeping quiet in the face of the long-standing issue of land ownership in the Rift Valley region.

It is significant to note that “the name Kalenjin came into use as a group of designation in Kenya among World War (II) servicemen and ex-servicemen and students in the elite East Africa high schools in Nairobi and Kampala in the 1940s. “This ethnic consciousness of being Kalenjin was rooted in the native-stranger distinction. In very part, it was produced by the land tenure regime. The form of ethnic consciousness and mobilization that developed in Kenya was not the consciousness of all the people.

“When (former President Daniel arap) Moi led the efforts to amalgamate the political organization of the state-recognized tribes of the western Rift Valley in early 1960, he called the umbrella group the Kalenjin Political Association (KPA).” Boone adds that when the colonial government lifted the ban on indigenous politics, Kenya African Democratic Union (KADU) took over the interests of KPA.

“By the time of the February 1962 Lancaster House constitutional negotiations, “the rifts between Kanu and Kadu were…deep and deeply felt…During the talks, Moi would repeat that the people of Kalenjin were prepared to fight and die for their land.” Boone reminds us all, that “Kalenjin first appeared as an official ethnicity on the Kenyan census in 1979, Moi’s first year as a president. Moi promoted Kalenjin identity in the 1980s and 1990s as an ethnic designation to transcend the narrower, older colonial-era identities of Nandi, Kipsigis, Elgeyo, Tugen, and so on.” These ethnic consciousness of being a Kalenjin, says Boone was driven by the sensitive land politics of the Rift.

This consciousness has had the effect of creating a peculiar “tribalism,” in the Rift Valley land politics “namely that in it was almost wholly a consciousness of being, either a Kikuyu or not-Kikuyu.”

If the 1960s and 1970s were decades of consolidation of the Kenyatta regime which sidelined those claiming ancestral land rights in the Rift Valley and “inserted” African settlers into Rift Valley farming districts, the 1980s and 1990s were a reversal of these settlements. Forced to accept plural politics in 1991, by the West, his erstwhile allies in the Cold War era, Moi mobilized the Rift Valley constituencies, “along an axis of competition that pitted indigenes of the Rift Valley against settlers who had been implanted by the Kenyatta regime.”

Boone observes that the Rift Valley politicians tapped into existing land-related tensions in which the central state was directly implicated as the author and enforcer of a contested distribution of land rights. “This conflict found direct expression in electoral politics at the national level. Political rhetoric that pervaded Nandi, Nakuru, Uasin Gishu and Trans Nzoia districts dwelled on how land was lost to the Europeans was never recovered and how under Kenyatta ‘black colonialists’had been allowed to buy up land that rightfully should have belonged to indigenous communities.”

Prof Boone gives the example of Likia location, in Molo division, Nakuru District, “where most land belonged to Kikuyus in the early 1990s, local Kalenjin politicians reminded the people of the past ownership of the land and encouraged them to reclaim it.”

On January 10, 2019, a former Molo MP, Joseph Kiuna held a press conference in Likia area of Molo and reminded the Kalenjin that they had not forgotten what they had done to the Kikuyus in 2007/2008post-election violence (PEV). “All this time the Kikuyus have been pretending that they had forgotten and moved on,” said Kip. “We Kalenjin are very much aware they have not forgotten anything.” Even though thousands of Kikuyus were internally displaced – up to 600,000 people were dislocated from their homesteads in the greater Rift Valley during PEV, by the marauding Kalenjin warriors – many a Kikuyu nevertheless returned to Rift Valley. The allure of fertile soils, the armistice arrived at between Ruto and Uhuru Kenyatta and a desire to go back to their lands, which they had occupied for many years, was greater than the ominous existential threat of a repeat “ethnic” attack on their farms.

And the Kikuyus have had big group farms ranging between 1000 and 3000 acres in Trans Nzoia and Uasin Gishu Counties. 35 kilometers from Kitale town are the better known Gitwamba and Munyaka Farms located at the foothills of Mt Elgon, bordering Mt Elgon Forest. Most of the Kikuyus who settled here were from Nyeri and its environs. Endowed with black alluvial soils, the farms are very fertile. Since settling there, decades ago, the Kikuyus have grown beans, cabbages, carrots, potatoes, tomatoes amongst a host of other horticultural crops. Markets days in Iten, Kitale, Matunda, Moi’s Bridge and Soy are filled with fresh produce from these farms. As fate would have it, in Trans Nzoia, it is Gitwamba – which in Kikuyu language means a flat, rich plateau with fertile soils and Munyaka which means to be lucky – that were the first flashpoints of ethnic upheavals in 1991. They have remained so to date.

The 1991 ethnic clashes were instigated, organized and executed by Moi’s Kanu regime which suddenly felt under siege from the multi-party advocates. Hoping to tap into their age-old grievances of land ownership and aware he had kept mum as land in the Rift Valley was being parceled to Kikuyus and other communities, by the Kenyatta government in the 1970s, Moi allegedly encouraged the Kalenjins to “reclaim” their land from foreigners, in exchange for their support to further cement and consolidate his grip on state power. By foreigners, he meant the Kikuyu people.

The other Kikuyu farms in TransNzoia are: Wamuini Farm A, the 1,000 agricultural land near St Joseph High School on the Kitale-Ndalu Road. Wamuini Farm B, formerly Mabonde Farm that was called mabonde – Kiswahili for denes, because of its ridges and valleys. There is also Meru Farm bought in the early 1970s. It is near Kitale showground, adjacent to the posh Milimani Estate. The other big farms owned by Kikuyus are Kiirita, Makui and Weteithie Farms. Weteithie, which in Kikuyu means self-help. All these farms were bought through land-buying companies with loans from Agricultural Finance Corporation (AFC). They include Mwihoko, which means hope in Kikuyu, Ngwataniro-Mutukanio, Nakuru District Ex-Freedom Fighters Organization (NDEFFO) and Nyakinyua, which was President Kenyatta’s favourite cultural dancing troupe made up of women.

The 1991 ethnic clashes were instigated, organized and executed by Moi’s Kanu regime which suddenly felt under siege from the multi-party advocates. Hoping to tap into their age-old grievances of land ownership and aware he had kept mum as land in the Rift Valley was being parceled to Kikuyus and other communities, by the Kenyatta government in the 1970s, Moi allegedly encouraged the Kalenjins to “reclaim” their land from foreigners, in exchange for their support to further cement and consolidate his grip on state power. By foreigners, he meant the Kikuyu people.

In Trans Nzoia, other Kikuyus acquired land through SFTs, formerly white farms, given ostensibly to “landless people” by Jomo Kenyatta government. In Uasin Gishu County which borders Trans Nzoia, there is a replica of Munyaka Farm, today referred to as Kimumu-Munyaka Farm, located on the Eldoret-Iten Road. The more famous Ya-Mumbi Farm is on the Eldoret-Kapsabet-Kisumu Road. Rukuini and Kondoo Farms are near Burnt Forest. Kimuri and Kiambaa Farms are not far from Eldoret town. Rukuini and Kondoo, just like Gitwamba and Munyaka in Kitale, have remained focal points of “ethnic wars” since 1991.

After the violent uproar that took place in Eldoret North following the controversial 2007 general election, many Kikuyus living in Uasin Gishu County, abandoned their farms in Turbo 30 km from Eldoret town and went to live in town, at Langas estate, the sprawling Kangemi-type ghetto located on the Eldoret-Kisumu highway, just after the Eldoret Polytechnic. Kangemi is a slum on Waiyaki Way, seven kilometres from Nairobi city centre. Stephen Kiplagat, who was born and bred in and whose family still lives in Langas told me that it is today estimated to be 85 per cent populated by Kikuyus. “My family is one of the very few Nandi families that still reside at Langas, the rest are Kikuyus.”

Five Nandi families originally owned Langas. Many of them started parcelling the land and selling it mostly to Kikuyus from the 1980s. Two factors drove this sale: the Kikuyu desire for a plot of land and the fact that they had ready cash to buy the land. With the money, the departing Kalenjin bought land in Kitale, Soy, Turbo and Ziwa so that they could engage in agricultural and livestock farming.

I went to school in Kitale in the 1980s, then it was a one-street settler town and that is where I first heard the phrase “revisiting the issue.” A prominent Kalenjin businessman, (he later become an influential politician in President Moi’s inner circle and today he is retired), said in my presence: “We’ve only leased the land to them (Kikuyus), they should be knowing that…we’ll soon revisit that issue.” When the push for multiparty elections in 1991, appeared inevitable, Moi’s monolithic Kanu one-party dictatorship relented to political pluralism, but not before igniting “ethnic” skirmishes in the Rift Valley.

Kip told me, “resources are becoming scarcer by the day in the Rift Valley region and our people would like the land issue in the Rift Valley region prioritized as a matter of national political discourse.”

The first wave of Kikuyu settlers in Trans Nzoia district first appeared as colonial civil service workers in the mid-1940s after the World War II. The next group showed up in the mid-1950s. These were Kikuyus running away from the Mau Mau insurgency and capture by the British colonial police. Many of them converted to Islam and assumed new identities. Indeed the first Kikuyus to settle in Kitale town were Hamisi Saidi and Hussein Ramadhan. They had taken up Islamic names and soon became petty traders in town.

Resources are becoming scarcer by the day in the Rift Valley region and our people would like the land issue in the Rift Valley region prioritized as a matter of national political discourse

Kigotho Njuguna, Mbugua Gachani, Danson Kangonga Mbugwa, John Muchuri, Wanguhu Githiomi (who hailed from Kijabe) and Peter Kinyanjui – one time Democratic Party of Kenya (DP) point man in Trans Nzoia) formed part of the earliest pioneers of Kikuyu settlers in Kitale. DP was an opposition party once led by Mwai Kibaki, the third President of Kenya. The others were: Lawrence Waweru, Kirima Githaiga, David Kiberu, Waigi Mwangi (originally from Ngecha in Limuru) and Apollos Mwangi. All these men are dead and many of them hailed from Nyeri district.

As the theatre of the politics of succession leading to 2022, plays out in the expansive Rift Valley region, the spectre of the ever-simmering land question looms large. William Ruto, like his predecessor Moi, and not Seroney, finds himself in a dicey position of canvassing the entire Kalenjin vote, amid unsettled land ownership saga that remains an unresolved issue.

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The History Kenya Forgot: Untold World War II Stories

The sinking of SS Khedive Ismail suffers from the same historicity issues that World War II, in general, suffers from in former colonies. It was a war (mainly) away from home, driven by issues that most of the one million Africans who enlisted had little or nothing to do with, at least at a socio-cultural level. By OWAAHH

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The History Kenya Forgot: Untold World War II Stories

Before 2:30 pm on 12th February 1944, everything on SS Khedive Ismail was as normal as things aboard a troopship could be. In the music room on the upper decks, someone was playing the Warsaw Concerto on the grand piano. In the lower decks and the cargo hold, which had been converted into barracks mainly for the black soldiers, it was hot and humid. Both spaces would become death traps within a matter of seconds, and the grand piano, a weapon.

A lookout, probably bored out of his mind, noticed a periscope peeking from the water. He raised the alarm, alerting the gunners to the position of the Japanese submarine deftly charging towards SS Khedive Ismail. The troopship was on a routine mission to deliver troops, mainly East Africans, from Mombasa to Colombo in Ceylon (now Sri Lanka) before their onward journey to Burma (now Myanmar). It was part of a convoy codenamed KR8, which had begun its journey from Kilindini port in Mombasa a week earlier.

The alarm was a little too late. Just as the gunners opened fire, the submarine fired four torpedoes. Two missed, but the other two found their target. The first struck the engine room. The second hit the boiler room. The troopship listed, and in less than two minutes, disappeared under the water. The other troopships and the destroyers in the convoy, codenamed KR8, barely had time to react or help. They fled to safety before two destroyers doubled back to face the Japanese submarine and to rescue survivors.

As the troopship sank, survivors clutched onto whatever they could get their hands on. The Japanese submarine, I-27, hid beneath them as the destroyers in the convoy doubled back and tried to hit it with depth charges, killing even more of the survivors. The submarine was eventually forced to surface, and one of the destroyers, Palladin, rammed into it. The hit breached the destroyer’s hull, forcing it to retreat and leave the work to the other destroyer in the convoy, the HMS Petard. The Petard’s torpedoes hit the submarine at 5:30pm, three hours after SS Khedive Ismail had sunk. The sub broke into two and sank with everyone on board.

Aboard the SS Khedive Ismail before the sinking had been 1, 511 people, 996 of whom were members of the 301st Field Regiment, East African Artillery. Only 215 people would make it out alive. The survivors were rescued once the submarine had been sank and moved on to Ceylon, where they got survival leave for two weeks before rejoining the war effort.

Of the 1, 296 people who died that day, only four of them were given a proper sea burial. The rest were left in the shark-infested waters, far from home and virtually forgotten.

***

The sinking of SS Khedive Ismail is the subject of Brian J. Crabb’s 1997 book Passage to Destiny. In an email conversation, Crabb says his interest stems from his father, Percival Crabb, who “…was a fortunate survivor of the sinking, escaping through an open porthole with his leg still in plaster!”

In the book, Crabb includes an extensive appendix with all the names and ranks/roles of everyone, black and white, on board the doomed ship. The list of East Africans, mainly from Kenya, Uganda, and Tanzania, takes up several pages. The troops are ranked by names, rank, and number. That’s all we know about Warrant Officers Alfani Ndagile, Kathuka Ndajo, Mua Kilonzi, Muema Ileli, Selemani Mzee, Shabani Mbaraku and Siligwi Mwita. The seven of them were the highest ranking enlisted men among the hundreds of East African troops who died that day. Most of the East African casualties were gunners.

The sinking of SS Khedive Ismail suffers from the same historicity issues that World War II in general suffers from in former colonies. It was a war (mainly) away from home, driven by issues that most of the one million Africans who enlisted had little or nothing to do with, at least at a socio-cultural level.

When World War II began, there were only 2,900 men in the Kings African Rifles (KAR). The real threat of an Italian invasion from Ethiopia, and the entry of Japan into the war, drove the need for fast mobilisation.

Although the Great Depression (1929-1939) was a relatively prosperous time for Kenyan farmers, it gutted the settler economy and the colony’s budgets. Job opportunities in urban areas and farms dwindled, and crime levels in the former rose for a time. Combined with the crop failure of 1939, it meant that the best option for young men was to join the military. Any able-bodied man could enlist, although there had been restrictions as late as 1941 based on ethnicity. The Pioneer Corps, for example, were initially recruited from Western Kenya.

The sinking of SS Khedive Ismail suffers from the same historicity issues that World War II in general suffers from in former colonies. It was a war (mainly) away from home, driven by issues that most of the one million Africans who enlisted had little or nothing to do with, at least at a socio-cultural level.

In his memoirs, Fan to Flame, John G Gatu, the future Reverend and Moderator of the Presbyterian Church of East Africa, writes that he joined the armed forces because he was unemployed. Gatu joined the Signal Corps and served in Ethiopia and Somaliland. Like Gatu, Waruhiu Itote (General China) joined the military because he was unemployed and “to escape the boredom”.

For some, the economic benefits were a result, not a motivation, of being recruited. Kenya’s first four-star general, Jackson Mulinge, accidentally found himself in the military after he chose the wrong day to go to Machakos to sell a chicken. A recruitment officer grabbed the teenager and conscripted him, marking the beginning of a journey that would see him climb up the ranks over the next three decades.

The contracts the new recruits signed stated that they would be discharged “after the cessation of hostilities”. Most of them were in their early 20s, still single, and because of the education policies at the time, barely literate, if at all. By the end of the war, in 1945, there were nearly 100,000 Kenyans in the military either as members of the Kings African Rifles or the Pioneer Corps, a successor of the Carrier Corps.

Being a soldier meant a steady income and other benefits, such as being exempt from excruciating hut and poll taxes. It also gave the soldiers a common martial identity as well as exposed them to unprecedented trauma and horrors that would also go largely undocumented.

In the heat of war, despite concerns from the settler community about everything from labour supply to the economic and security risks, thousands of Kenyans were trained, armed, and deployed to fight in Northern Kenya, North Africa, and Asia. They were all enlisted men, meaning they could never rise beyond the rank of Warrant Officer. That would be one of the challenges in the lead up to and immediate aftermath of independence two decades later.

Discipline was still enforced mainly with corporal punishment. Major infractions were punished with a kiboko, while cowardice was punished with execution. There were at least three incidents of retaliation, once when a sergeant shot and killed three officers, and then when two enlisted men were executed for shooting officers and wounding others with a grenade.

In 1945, a quarter of those who survived the war were discharged. The demobilisation went on for two more years, which meant that tens of thousands of young men who had seen war and death were expected to resume their pre-war status. The Kenya that the veterans returned to had barely changed, but they had. They had not only seen the perils of war but they had also been exposed to a new lifestyle, and had had a steady income and developed new habits. Gatu, in his book, offers that the war was the beginning of unparalleled drug use among the troops. Every week, the soldiers would be issued with matches, soap, and cigarettes.

But they were also liquid and most of them were still young, single and raring to go. Studies of the post-war period mention a rising discomfort with the power held by chiefs and elders, as well as inflation in the social scene as bride price was hiked.

In 1945, a quarter of those who survived the war were discharged. The demobilisation went on for two more years, which meant that tens of thousands of young men who had seen war and death were expected to resume their pre-war status. The Kenya that the veterans returned to had barely changed, but they had.

The money they had made could not last forever. Many of them applied for trade, shop and transport licences, only to be met by a racist bureaucracy that expected them to fall back to wage labour, primarily in agriculture. Some re-enlisted into the Kings African Rifles, while others struck out in new businesses. Others, like my grandfather, used the training they had obtained during the war to eke out a living as health officers and drivers.

A number of the former soldiers were involved in the political upheaval of the late 1940s and the 1950s, but not to as significant a level as one would imagine. Dedan Kimathi, the de facto leader of the Mau Mau, was only a soldier for a month in 1940 before he was dishonourably discharged for violence and drunkenness.

Some rejoined the KAR and other disciplined units, but a large number disappeared into the normalcy of reserve life.

What’s less acknowledged in our history books are the number of enlisted men who died or suffered during the war, and the trauma the survivors came home with. Because a large number of the survivors did not have any formal education, and there was little interest in chronicling their experiences, we can only glean aspects of them from scattered memoirs and academic studies. Several memorials and cemeteries in major towns celebrate their lives and sacrifice, but very few black soldiers are named.

The sinking of SS Khedive Ismail was also problematic because of its magnitude; it was the single largest loss of East African troops, and third worst Allied mercantile shipping disaster of World War II. Publicizing it in the immediate aftermath would have affected recruitment and morale as the sinking of SS Mendi during World War I had done with South African troops.

What’s lesser acknowledged in our history books are the number of enlisted men who died or suffered during the war, and the trauma the survivors came home with. Because a large number of the survivors did not have any formal education, and there was little interest in chronicling their experiences, we can only glean aspects of their experiences from scattered memoirs and academic studies.

Despite Kenya’s central role as the home of the East African force, the Eastern Fleet, and also as a war front with Italy, the war itself is merely a footnote in the events that followed in the next decade. Thousands of enlisted men who died for a cause they didn’t necessarily believe in remain mainly nameless and unacknowledged. The unit that suffered the heaviest losses, the 301st Field Regiment, had been formed just two years before and had already served in Madagascar. The only thing that remains in their memory is a plaque at the Nairobi War Cemetery. Few of the thousands of Kenyans who died on different fronts and missions are named, and their stories have all but disappeared. Even the wounds of war, such as the bombing of Malindi and the Italian excursion 100km into Kenya, are now mere footnotes in history.

It is a significant gap in our military history, and if the lacklustre coverage of our eight-year war in Somalia is anything to go by, a part of our national ethos.

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