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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.

Politics

Fire and Chaos: Mathare’s Chang’aa Problem and the Optics of Policing

In the 1980s and 1990s parts of Mathare gradually became the epicenter of the large scale production and distribution in Nairobi of chang’aa and a booming local economy emerged that has since become a major source of contestation between the police and the residents.

Fire and Chaos: Mathare’s Chang’aa Problem and the Optics of Policing
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On Tuesday 2 April 2019, social workers, youth group members, activists and friends, all residents of Mathare in Nairobi, hurdled together on the top floor of the Macharia building near the Olympic petrol station at Juja road as they watched in horror, as two schools were set alight by police. Thick, black smoke circled up and soon blanketed the entire valley. Alongside the two schools, another thirty or so houses quickly burned down to ashes in the raging fire. People raced to quell the fire with buckets of water, but were blocked by police in their tracks. Furious shouts filled the air as licking flames destroyed what residents had built over decades; businesses, schools and homes, all gone in minutes.

This criminal act of arson by police of a part of a Nairobi neighborhood took place on the third day of a raid against the local alcohol economy, spearheaded by the notorious ‘killer cop’ Rashid. This police officer gained notoriety after being filmed executing two teenagers on a busy street in Eastleigh in broad daylight on 31 March 2017. Ironically, the raid against the local alcohol economy in Mathare under his command started exactly two years later, on Sunday 31 March 2019. In between, Rashid has killed, maimed and harassed many people, especially young and poor men, in Mathare and beyond, and with absolute impunity.

Subsequently, Rashid was free to walk into Mathare on the aforementioned Sunday while guiding a troop of police officers down the valley where they barged into homes and bars to destroy alcohol and other belongings of local business owners and their employees. Shockingly, the Pangani OCS (Officer Commanding Police Station) and the Area Chief both claimed to ‘have had nothing to do with the raid’, despite eyewitnesses who stated that regular police and AP officers and equipment (such as a well-known land rover used by AP) were employed during the raid. Residents wondered how a full-blown war be waged on residents for days by police without the police officers in charge ‘having nothing to do with it’?

As early as 1930s, women who settled in abandoned parts of the quarry that later came to be known as Mathare earned money through sex work and selling home-brewed alcohol such as busaa and chang’aa

That first Sunday night of fear chaos and gunshots transpired without dead bodies, but many had lost weeks of work and earnings, and others nursed bruises and deep cuts from trying to defend homes and properties from the pillaging police. One of us found his grandmother crying on Monday morning; a woman who has distilled and sold alcohol for more than four decades and has raised her children, grandchildren and great grandchildren while doing so. The police had poured her kangara, the distilling mixture, which had been almost ready for cooking. She lost 4000 shillings, her monthly earnings, and was left in deep debt. Thousands of small business owners and their employees and tens of thousands of their dependents suffered the same fate. On Monday, all the jiko’s (‘kitchens’) near the river remained closed; no one could work while the police patrolled in search of alcohol and production tools to destroy. This went on for yet another day and night, until on Tuesday tensions between angry residents and police culminated into protests by alcohol distillers.

History of the local alcohol economy

To understand the impact of this crackdown on people living and working in Mathare, a brief insight into the history of the alcohol economy is crucial. As early as 1930s, women who settled in abandoned parts of the quarry that later came to be known as Mathare earned money through sex work and selling home-brewed alcohol such as busaa and chang’aa. This area was wedged in by several military and police bases, and the influx of soldiers during the war period (1940-45) attracted a growing number of women in search of work. These women were among the many young people who were forced to leave their homesteads in the colonial confinements of people called ‘Native Reserves’ in the rural areas following soil erosion, population pressures and the demand for ‘hut tax’ (which had to be paid in cash to the colonial government). Even if women comprised the majority of residents in Mathare from the onset, men increasingly migrated to live here—often after being chased from colonial settler farms when mechanization of farm work took hold during the late 1930s. Following these and other developments, Mathare became the nexus of urban resistance against the colonial government and formed an important node in the Kenya Land and Freedom Armies (KLFAs)—also known as ‘Mau Mau’.

After independence in 1963, alcohol production and distribution remained a home-based economy, and houses often doubled as bars where alcohol and sexual services were sold. It was not until the 1980s and 1990s that parts of Mathare (especially the following villages: Bondeni, Shantit and Mabatani) gradually became the epicenter of the largescale production and distribution in Nairobi of chang’aa. According to several bar owners we spoke with, the influx of rural-urban migrants during this period boosted the selling of chang’aa to unprecedented levels. Also, they soon found that the profit margins for chang’aa were much higher than for instance busaa, and soon multiple cooking sites emerged along the banks of the Mathare river. Profit margins have fallen significantly since the 1990s, following a convergence of rising food prices (especially a type of molasses called ngutu) and increasing demands for police bribes since the 2000s. Still, the local alcohol economy sustains thousands of people in Mathare directly and is fundamental to most other economic activities located here.

For example, a major shortage of firewood often plagues adjacent neighborhoods, but every other small business on Mau Mau Avenue in Bondeni, a neighborhood in Mathare, sells large quantities of this wood. These firewood sellers have arrangements with construction companies for frequent early morning deliveries. Old wood from scaffolding at construction sites is transported to the area in trucks so large they can barely enter the ghetto. Every day, these trucks drop off mountains of firewood intended to fuel the widespread and constant distillation of alcohol at the sites near the river. At the same time, young men in search of work hang around these businesses from sunrise to midday to help offload the bulks of firewood and chop them into smaller pieces in return for a small stipend. Suffice to say that thousands more depend indirectly on the alcohol economy in Mathare. All this provides some insight into the abrupt devastation to the livelihoods of thousands and thousands of people caused by frequent crackdowns on the local alcohol economy by police.

After independence in 1963, alcohol production and distribution remained a home-based economy, and houses often doubled as bars where alcohol and sexual services were sold. It was not until the 1980s and 1990s that parts of Mathare (especially the following villages: Bondeni, Shantit and Mabatani) gradually became the epicenter of the largescale production and distribution in Nairobi of chang’aa

After days without work and consequently food, alcohol distillers took to Juja road on Tuesday morning, 2 April 2019, to protest the illegal and violent raid by police. The few media outlets describing the protests squarely blamed ‘angry youth’ for starting the fire. Nothing could be further from the truth. We have spoken to many eyewitnesses who saw police officers deliberately setting the houses and schools alight. The so called ‘angry youth’ were alcohol distillers who had not earned a living for three days. These (mostly) men who make on a good day, Kshs 300 for 10 hours of backbreaking work, barely enough to provide for a family of four. These families do not have any savings to rely on when work is disrupted by state violence, and the illegal raid by police had left hundreds of families hungry for days. This provoked husbands, fathers and brothers to take to street and fight for their families, and they burned tires on the road to underscore their demand to work by blocking traffic.

As has been witnessed by several people, during the ensuing fracas one officer carelessly threw one of the burning tires into a row of make-shift houses and carpentry workshops along Juja road, all constructed of highly flammable materials. Other eyewitnesses saw police officers violently dispersed people trying to stop the fire from reaching the labyrinth of homes, businesses and schools down the street leading into Mabatini, thus effectively enabling the fire to destroy several houses and properties. Teargas was lobbed at the crowds of people who had gathered with buckets of water trying to rescue their homes and belongings. The teargas canisters further ignited the fire as residents watched their schools and homes burn to the ground.

The current modes of chang’aa production in Mathare may occur without a license and may not adhere to regulations, but that does not warrant such a violent and criminal crackdown by police

Distraught, many slept outdoors in the cold on Tuesday night. The fire also destroyed the electricity supply line and the ensuing blackout increased insecurity. One resident recounted that, “For nights, gun shots have become our ringtone.” Another lamented, “We live in a war(zone), but nobody cares.” As Mathare endured this terror for three days and nights, residents watched in disbelief as the evening news headlines either ignored their plight and the criminal acts by police or apportioned the blame decidedly on them using the pejorative ‘angry youth’ frame. Mathare residents were profiled as criminals and the local alcohol economy as illicit and dangerous. Indeed, misconceptions about Mathare and local industries persist. For example, chang’aa was legalized in September 2010 and is not an ‘illicit brew’. The current modes of chang’aa production in Mathare may occur without a license and may not adhere to regulations, but that does not warrant such a violent and criminal crackdown by police. If the production is not up to standard, why not encourage or enable owners, distillers and sellers to obtain licenses and invest in improved production? The answer is simple: too many people high-up in police and government ‘eat’ from the industry as it is.

The Culture of Policing In Mathare

Everyone living and working in Mathare is familiar with the daily routine of police visiting the distilling sites and bars where alcohol is produced and sold to solicit bribes. For each drum of kangara, the police receive at least 200 KES. Let us assume that there are seven distilling sites (we don’t disclose any specific details for security reasons) which have the capacity to process seven drums simultaneously, meaning there are 7 fires operative at each site at all times. Each drum takes three rounds to cook and each round takes 1 hour (45 minutes to distill and 15 minutes to cool). So seven sites and seven fires operating for 24 hours can process 392 drums of distilling mixture per day. For each drum, police receive Kshs 200 and the figure adds up to an average of kshs 70 000 per day and in excess of Kshs 2 million per month. This is a conservative estimate since it does not include the bribes police take from bars and alcohol distributors, and it does not include police officers who run their own alcohol operations. And the number of drums along the riverside also vary immensely. Sometimes, a jiko can have 15 or 20 fires operating at once, while at other times only three or four. The above calculations, though based on thorough research, only serve to give an indication of police involvement and investment in the alcohol industry in Mathare. Considering this, why then does the police initiate a raid to clamp down on the very industry that ‘feeds’ them?

A first part of the answer pertains to internal divisions within police. Police does not entail a homogenous entity, and rumors have it that Rashid and his team were eventually stopped by other police officers in the course of the week because they saw their avenues to ‘easy money’ destroyed. That, at least to some measure, explains why on Thursday the raid was abruptly halted. What’s more, crackdowns on the alcohol economy are not uncommon, despite the entanglement of police in this business. In July 2015, Mathare residents lived through a similar period of police terror which left two people dead and thousands people without work for weeks. Many believe that such attacks are often triggered by a desire of particular police units or individual officers to show, as one resident put it to us, “the ‘higher ups’ that they are doing their ‘job’ and/or deserve promotion”. This time too, many residents believe the notorious Rashid went out of his way to impress in the incoming Inspector General Mutyambai. A resident shared with us that in his view Rashid demonstrated his exceptional cruelty during the course of the raid by forcing a customer of a local bar to drink bleach while he compared bleach to chang’aa. The young punter barely survived this ordeal.

The police officer mentioned here is not the only one. Similar notorious policemen who are known to execute and torture mainly young and poor men frequently patrol most informal urban settlements in Nairobi. According to several of our fellow activists, these plain cloth police officers, called ‘killer cops’ or maspiff by some, are not part of regular police units that are locally known to be connected to specific police stations and which patrol Mathare and surrounding neighborhoods on a daily basis. They told us that these police officers operate under the direct command of the County Criminal Investigations Officer (CCIO). Several (non-state) security groups in Mathare that work together with these police officers revealed to us that several of them also enjoy substantial support by influential business owners, for instance in Eastleigh. The exact operational and support structures of these ‘killer cops’ and how they collaborate with regular police units remain somewhat opaque to local activists and residents, but all agreed that these plain cloth police officers enjoy considerable power and are able to kill with impunity through their powerful back-up.

When considering the relative opacity of their operations, the public visibility of these police officers in Mathare (and other urban settlements) is indeed rather astounding. They are also not a recent phenomenon. Most Mathare residents above 25 years old can easily recall the cruel reign of different ‘killer cops’ as far back as the late 1990s, such as the ruthless Habel Mwareria a.k.a. ‘Tyson’ in early 2000s who was also popularly dubbed ‘the Ghost’ because he often seemed to materialize out of thin air when- and wherever problems occurred. He killed suspects without asking questions, in front of people and in broad daylight and would vanish as rapidly as he had appeared. He was later promoted to the ATPU ( Anti Terrorism Police Unit).

Nevertheless, the ‘killer cops’ gained new strength in popular discourse when in April and May 2017 alleged police officers calling themselves ‘Hessy’ became rapidly infamous by posting pictures on different Facebook pages, under this name, of suspected ‘thugs’ before and after they purportedly shot them. Speculations continue to the date about who or what ‘Hessy’ really is. Some people claim it started with an actual police officer who was shot in the leg and while he was recovering home in the month of April 2017 he started this network of ‘Hessy’s’ on Facebook. This is substantiated to some extent by the fact that there is an infamous police officer who is nicknamed Hessy and who is known to kill mostly young male crime suspects in Kayole. Others say that one officer or a group of police officers from different police stations in Eastlands chose this name because of the reputation of this particular police officer. Others state that the different ‘Hessy’ and adjacent pages on Facebook were not created by one or more police officers, but by a team of bloggers working in collaboration with specific ‘killer cops’. The ‘Hessy’ and adjacent pages (such as Nairobi Crime Free and Dandora Crime Free) soon gained a massive following online and continue to be a topic of intense debate offline, for instance among residents in Mathare.

Local Dynamics and the Future of Chang’aa

Police violence in Mathare, such as extra-judicial killings and illegal raids on people’s livelihoods, are enabled by a combination of factors. In contrast to the knee-jerk homogenization and criminalization of ghetto residents, for instance in mainstream media in Kenya, people inside Mathare are equally divided about the use of (criminal) violence by police. Police use such local divisions inside this neighborhood to push their own agenda. For instance, they work together with residents, popularly dubbed informers or watihaji, who are paid by police for information on people, business activities and other developments locally. This explains how police were able to find the entrance to the jiko’s at the river or the places where bars are located.

However, the incentives of informers to tell on their neighbors often go beyond merely monetary motivations or concerns about crime. Local competition or revenge plays a big role as well. Police also depend too much on such secondary and often faulty intelligence because the local turnover of police, following frequent transfers, is quite high thus limiting the time police have to understand local dynamics. As a result, local informer-networks have some power to manipulate police behavior towards their own agendas. To illustrate, sometimes ‘killer cops’ like Rashid parade a suspect throughout Mathare and when they receive calls from as little as three informers confirming the identity of the suspect, the suspect is taken to a backstreet and executed. Our fellow activists have documented several cases that follow this pattern.

Crackdowns briefly slow production but do not alter the make-up of this industry in any way, yet the Mathare residents who have for generations depend on this economy bear the brunt for the simple reality that they cannot afford to miss a day of work.

The recent raid in Mathare on the local alcohol economy stopped as suddenly as it had started and without any outcome other than destroyed livelihoods, schools and homes and injured people. Slowly, alcohol distillers went back to work on Friday and gradually the local economy picked up again. Such crackdowns have never stopped the local alcohol industry and never will. If the government wants to make the local alcohol industry safer and bring it in line with regulations, it needs to work together with business owners and their employees to develop ways to improve production standards. If alcohol consumption is the problem, why not invest in rehabilitation programs and explore underlying factors that contribute to widespread cheap alcohol consumption, such as vast unemployment and extreme stress? If the government wants people to stop working in this industry all together why not develop alternatives together with them?

Crackdowns briefly slow production but do not alter the make-up of this industry in any way, yet the Mathare residents who have for generations depend on this economy bear the brunt for the simple reality that they cannot afford to miss a day of work.

On Thursday 4 April 2019, one resident asked us: “Who is Rashid? How can he do all this, kill our young men for years, then come to destroy our work, huh? Who is he?”

“Why are there no people coming from Red Cross, or our government leaders, like when Dusit happens or Westgate? Are we not human beings?”

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Politics

Liberty for Whom? D-Day’s African Ghosts

Africa tends to be swept under the carpet in the memorials for the two World Wars, which are always couched in terms of, again to borrow a phrase from Trump’s speech, “the ferocious eternal struggle between good and evil” – the Germans being branded as the ultimate evil and the Allies being the forces of good.

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Liberty for Whom? D-Day’s African Ghosts
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Three-quarters of a century ago, hundreds of thousands of Allied troops stormed the beaches of Normandy in what was the start of a war to save Western Europe from Nazi occupation. American and European leaders gathered at the scene last week to memorialise and honour those who fell, including on the German side. The US President, Donald Trump, began his tribute to them thus: “On this day 75 years ago, 10,000 men shed their blood and thousands sacrificed their lives for their brothers, for their countries, and for the survival of liberty.”

Undoubtedly, much of that is true. From the perspective of those in occupied Europe, it was the beginning of their liberation and the defeat of fascist tyranny. It would inaugurate, for many, an era of democratic freedom and economic prosperity that was at the time unparalleled in history.

Africa tends to be swept under the carpet in the memorials for the two World Wars, which are always couched in terms of, again to borrow a phrase from Trump’s speech, “the ferocious eternal struggle between good and evil” – the Germans being branded as the ultimate evil and the Allies being the forces of good.

President Trump went on to state that “the GIs who boarded the landing craft that morning knew that they carried on their shoulders not just the pack of a soldier but the fate of the world.” This may be true, but the world is not just Western Europe; from the perspective of those on the African continent, the GIs were not there to shore up liberty and democracy, but rather to free countries that were themselves engaged in colonial plunder and occupation.

Africa tends to be swept under the carpet in the memorials for the two World Wars, which are always couched in terms of, again to borrow a phrase from Trump’s speech, “the ferocious eternal struggle between good and evil” – the Germans being branded as the ultimate evil and the Allies being the forces of good.

But there was little that was “good” about what these same countries were doing and would continue to do to the people in Africa whose land and resources they were continuing to steal and whose people they not only oppressed but also press-ganged into their wars. More than a million Africans fought in World War II – hundreds of thousands of them were sent to the front in Europe, others to India, Burma and the Pacific islands. Few understood why they were fighting, let alone why they volunteered to do it. Many died and survivors today receive nothing of the recognition and adulation bestowed on their European and American counterparts.

Now it is probably true that a world governed by the Nazis would have been much worse for Africans than the present one, so in that sense their defeat was good for the continent. But in that case, it could also be argued that the two World Wars, which exhausted the European powers and shattered the myth of white invincibility for the returning African veterans, were also good in that they paved the way for the end of colonialism. In either case, the uncontested fact would be that these were not wars to free all people but rather to determine who would be their overlords – despite the rhetoric, they were fought less for global liberation than for global domination.

David Frum, in his brilliant piece for The Atlantic, “The Ghosts of D-Day”, notes how the memory of D-Day and the liberation of Europe have been distorted in French and American imaginations. In truth, it is not just American memories that have “become more triumphalist and self-aggrandizing”. The memorials at Normandy are not so much about remembering history but rather spinning it. And within that spin, the tale of the Africans has no place – it muddies the moral waters to admit that the liberation the Allies sought did not include that of the black and brown peoples they were oppressing; that those on this continent had, and to a large extent still have, little share in the freedom that was heralded on that day.

However, what is today undeniable is that the Allies were guilty of committing, and would go on to commit, many of the same crimes that qualified the Nazis as evil – from implementing a racist occupation, to genocides, to interring entire communities in concentration camps, to jailing homosexuals, to looting cultural artefacts and art.

For Africans, the irony is that the tools for making concrete the memory of what the European nations were actually doing – the records and documents that tell the story of the occupation and the crimes that were committed against Africans – are, for the most part, either deliberately destroyed or safely hidden away in European vaults. Many were stolen at the end of the colonial occupation in an effort to maintain the fiction of its benevolence.

However, what is today undeniable is that the Allies were guilty of committing, and would go on to commit, many of the same crimes that qualified the Nazis as evil – from implementing a racist occupation, to genocides, to interring entire communities in concentration camps, to jailing homosexuals, to looting cultural artefacts and art. Yet, unlike the Germans, who have owned up to “the unforgettable rupture of civilization that [they] provoked in Europe” and to the fact that “the fallen German soldiers are resting in foreign soil not because they came as liberators to this country but as occupiers”, there has been no such admission from the Europeans with regard to their occupation of Africa. Today, they still repeat the lie that colonialism was about bringing civilization and the benefits of modernity to the primitive peoples of the continent rather than implementing a system of extraction that continues to bleed the continent to this very day.

In 2017, Bruce Gilley, a professor of political science at Portland State University, published the article, “The Case for Colonialism” (withdrawn after a public uproar and death threats), in which he argued that Western colonialism was both “objectively beneficial and subjectively legitimate”. He further advocated for “colonial modes of governance; by recolonizing some areas; and by creating new Western colonies from scratch”. While much of this has been debunked, he is hardly the only one to go public with such views. In the same year, the former leader of South Africa’s Democratic Alliance, Helen Zille, was removed from her leadership roles after she put out a series of tweets touting the benefits of colonialism.

Rather than the selective and hagiographic portrayals we are treated to today, a better memorial for D-Day would be to return the colonial archives and to acknowledge the truth – the whole, unvarnished truth – about what was being defended on that day. For it surely was not the ideal of liberty for all. Importantly, this would include an acknowledgement and compensation for the Africans who were forced to fight and die in the wars that were not of their making.

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Another False Messiah: The Rise and Rise of Fin-tech in Africa

The rise of a global technology industry to support financial services, known as fin-tech, has grown enormously in Africa in the last decade. Across the continent, many commentators have proclaimed fin-tech as the solution to poverty and development. Examining the case of Kenya’s celebrated fin-tech model, M-Pesa, Milford Bateman, Maren Duvendack and Nicholas Loubere reveal a flawed system that is not an answer to poverty, despite the wild claims of some academic commentators. Quite the contrary, fin-tech offers Africa a further case study of how contemporary capitalism continues to under-develop Africa.

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Another False Messiah: The Rise and Rise of Fin-tech in Africa
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In both the global investment community and the international development community one of the most talked-about issues today is fin-tech (financial technology). Defined as ‘computer programs and other technology used to support or enable banking and financial services’, the last decade or so has seen the rise of a new global fin-tech industry, a development that is widely regarded to be positively changing the world in a variety of ways. Thanks to almost daily reports of major new investments, especially in Africa, many investment professionals are of the opinion that something akin to a new ‘gold rush’ is clearly underway. At the same time, the fin-tech model is also touted as an innovation that will greatly benefit the global poor, with enthusiastic supporters claiming that a new golden age of ‘inclusive capitalism’ is upon us.

By far the most well-known example of the fin-tech model to date is Kenya’s M-Pesa – the agent-assisted, mobile-phone-based, person-to-person payment and money transfer system. M-Pesa is widely seen as the first fin-tech institution to conclusively demonstrate that it is possible to make a profit while also very meaningfully improving the lives of the poor. Taking inspiration from M-Pesa, many in the international development community now regard the fin-tech model as a potentially game-changing private sector-funded driver of development and poverty reduction in the Global South.

In both the global investment community and the international development community one of the most talked-about issues today is fin-tech (financial technology)

In the academic community the apparent combination of poverty reduction with profit generation proved to be a very seductive pro-capitalist narrative that many mainstream economists were only too willing to engage with. The most well-known academic economists examining the impact of M-Pesa are Tavneet Suri, based at MIT, and William Jack, based at Georgetown University. With extensive funding from Financial Sector Deepening (FSD) Kenya and the Gates Foundation, since 2010 Suri and Jack have produced a series of outputs extolling the benefits of M-Pesa. Suri and Jack’s generally positive findings have resulted in mainstream media attention and large numbers of citations. This has played an important part in galvanising the international development community into supporting the fin-tech model as a development and poverty reduction intervention.

In particular, their 2016 article published in the prestigious journal Science, entitled ‘The Long-run Poverty and Gender Impacts of Mobile Money’ has played a considerable role in sparking the imagination of the international development community. This is mainly because of its sensational claim that ‘access to the Kenyan mobile money system M-PESA increased per capita consumption levels and lifted 194,000 households, or 2% of Kenyan households, out of poverty.’ According to this article, M-Pesa was not just making profits, but the evidence seemed to show it was also making an astonishing ‘bottom-up’ development and poverty reduction contribution. This poverty reduction claim, often cited in full in media articles, quickly became the centrepiece of the evidence used by many in the international development community to justify its increasingly strong support for, and investment in, the fin-tech model.

M-Pesa is widely seen as the first fin-tech institution to conclusively demonstrate that it is possible to make a profit while also very meaningfully improving the lives of the poor.

Unfortunately, all that glitters is not gold. As we write in a Briefing just published in the ROAPE Suri and Jack’s hugely influential signature article actually contains a surprising number of errors, omissions, poor logic, and methodological flaws. Crucial labour market evaluation parameters, such as business failure (exit) and the impact of new businesses on existing ones (displacement), were entirely over-looked. The core issue of individual over-indebtedness, which in Kenya is now approaching crisis levels and which has a clear and direct link to the operation of M-Pesa, was not even mentioned as a possible downside of the fin-tech development model. For such an important and well-financed project, the methodology was also weak, diverging from many of the standard ‘best practices’ in the impact evaluation field. The important issue of causation was also raised, but in a way that we found to be questionable at best. In many ways, therefore, Suri and Jack’s analysis appears to misrepresent and vastly over-state the development impact of M-Pesa. 

Fin-tech represents a new form of resource extractivism

One of the most disturbing aspects of Suri and Jack’s flawed analysis, however, is that they completely bypass the crucial equity and distributional issues that arise from the operation of M-Pesa and other similar fin-tech corporations. This is inexcusable because there are clear warning signs today that the fin-tech model possesses the potential to extract immense value from the poorest communities in the Global South, with potentially calamitous long-term consequences. Like the gambling, sub-prime mortgage and payday loan industries in the United States and UK that before and after the financial crisis of 2008 were able to grow rich by expertly extracting massive amounts of value from the communities of the poor, one might argue that Kenya’s poorest communities are also being drained of much of their needed collective wealth.

M-Pesa has essentially perfected a form of ‘digital mining’ that captures and extracts a small tribute from each and every one of the growing number of tiny financial transactions made by the poor through the platform (which has become ubiquitous and very difficult to avoid). This includes microloans, money transfers, grant disbursement, credit card usage, pension payments, and so on. One simply cannot escape from the fin-tech ‘net’ that is gradually being lowered on to the poor. As more and more governments and elites are brought in as allies by the fin-tech industry, this value extraction process is only likely to speed up and intensify, with cash transactions being increasingly jettisoned and ever more transactions being mediated by fin-tech organisations.

M-Pesa has essentially perfected a form of ‘digital mining’ that captures and extracts a small tribute from each and every one of the growing number of tiny financial transactions made by the poor through the platform

By the same token, given the profit motive at play, it is inevitable that a range of services and products will end up being pushed on to the poor even though they largely do not need them, are not able to productively use them, or do not have any means to repay debt associated with them. The value realised through such ‘digital mining’ techniques is then extracted from the local community and deposited into the hands of the fin-tech entity’s owner(s). However, with so many fin-tech entities backed by foreign capital from the Global North, the chances are that a large proportion of this ‘digitally mined’ value will head abroad to the world’s leading investment locations.

What we have here, therefore, is a value extraction process that contains the potential to progressively undermine the development process in local communities in the Global South. It does this in two important ways: first, it denies the local community an extremely valuable aggregate amount of local spending power, which is instead appropriated by wealthy individuals and institutions, many of which are located abroad. This renders an important endogenous growth trajectory inactive, since it is rising local demand that often provides the initial impetus for local enterprises to emerge in order to meet this demand. Second, fin-tech institutions also starve the local (re)investment cycle by siphoning value out of the community, and thus make it more difficult for local businesses to access the meaningful amounts of capital needed to establish sustainable commercial operations. Experiences in Asia with local banking from 1945 onwards, for example, show that reinvesting/recycling the bulk of locally-generated value back into the local economy has significant potential to kick-start economic growth.

Fin-tech could, therefore, be seen as a revised version of the natural resource extraction paradigm that was largely responsible for under-developing Africa and other colonised countries over the last four centuries. The ‘resource’ increasingly being extracted from Africa today might no longer be a physical one – such as diamonds, gold, platinum, or silver -and the process might not require slavery, the employment of ultra-exploitative waged labour, or involve horrendous working conditions, but the eventual negative outcomes of ‘digital mining’ could very well be the extension and continuation of under-development.

M-Pesa thus provides us with a valuable case study of how contemporary platform capitalism operates in neoliberal Africa and how ‘digital mining’ might actually affect Kenya’s potential growth and development. In recent years, Safaricom (M-Pesa’s parent company) has become far and away Kenya’s largest company, now accounting for a massive 40% of the total stock market valuation on the Nairobi securities exchange. Safaricom is also famous for its spectacular profits. In 2019 it set a record by registering profits of around US$620 million, which would be an impressive result in even the richest countries of the Global North. To put this into perspective, this figure is slightly more than the Kenyan government spends on the entire healthcare system in the country. However, along with an additional bonus paid out in 2019 to shareholders amounting to around US$240 million, a large percentage of this US$620 million in profit was paid out as dividends to foreign shareholders. The main beneficiary was the majority shareholder (at 40%) of Safaricom, the UK multinational corporation Vodafone. Other beneficiaries are a variety of mainly foreign investors located in ‘tax-efficient’ locations (the Caribbean mainly) and who hold a 25% stake. The Kenyan government also holds a further 35% stake in Safaricom.

Fin-tech could, therefore, be seen as a revised version of the natural resource extraction paradigm that was largely responsible for under-developing Africa and other colonised countries over the last four centuries.

This demonstrates that significant value is being created by M-Pesa based on the tiny transactions of the poor, but most of it is spirited abroad via dividend payments to foreign shareholders. This helps explain why M-Pesa has become a beacon for global investors and financial institutions all seeking their own spectacular fortunes in Africa while framing their thirst for profits as altruism. Indeed, by embedding the fin-tech model in Kenya, the international development community is complicit in the establishment of a high-tech extractivist infrastructure similar to colonial-era equivalents.

‘Digital mining’ in Kenya and the foreign appropriation of the wealth generated by those languishing at the bottom of the pyramid is a less directly brutal undertaking than the value extraction process carried out in colonial times.  However, the extractivist logic, the wealth transfer, and the determination to accumulate on the back of the poor have a similar character to colonial-era economic regimes, and similar potential to seriously damage socioeconomic development in the long-term.

Furthermore, as in colonial times, a local elite has been allowed significant freedom to manage this ‘digital mining’ on behalf of the foreign owners. As with Capitec Bank in South Africa, it is no secret that the CEO and senior management at Safaricom have been able to use the company as a vehicle through which to extract fantastic rewards for themselves, enjoying Wall Street-style levels of remuneration in recent years and with several becoming multi-millionaires as a result. However, this also provides the obvious incentive to grow Safaricom as fast as possible because in that way the personal rewards attributable to those at the top are maximised. As a result, Safaricom’s CEO and other senior management have pushed growth to the limits and are now encountering problems in several areas on account of reckless over-expansion, including with regard to the company’s wilful engagement with gambling. In addition, in the early stages of M-Pesa’s growth, certain still unidentified members of the local Kenyan elite were able to secure for themselves a sizeable shareholding in Safaricom, which they later sold off for massive capital gains. Pointedly, the impact on inequality in Kenya arising from these narrow elite enrichment mechanisms has been very significant.

Despite the benefit that some individuals in poverty undoubtedly enjoy as a result of M-Pesa’s services, universal financial inclusion has come at a very high longer-term price for Kenya’s poor overall.

In short, an effective value extraction process involving ‘digital mining’ has been established in Kenya, which has been misleadingly framed by many in the international development community as contributing to ‘bottom-up’ development. This process has ensured the stratospheric enrichment of a narrow group of foreign investors, Safaricom’s own senior managers, and a section of the Kenyan elite. However, this value has effectively been appropriated from M-Pesa’s overwhelmingly poor clients via their growing bundle of tiny fin-tech-mediated financial transactions.

Despite the benefit that some individuals in poverty undoubtedly enjoy as a result of M-Pesa’s services, universal financial inclusion has come at a very high longer-term price for Kenya’s poor overall. Safaricom appears to have become a classic example of the ‘cathedral in the desert’ syndrome – a vastly profitable entity that exists only by ignoring the impoverishment it is helping to create in its wake. As fin-tech spreads across Africa, it is likely we will see similar deleterious extractionist scenarios emerging.

Might we not then consider M-Pesa to be the canary in the coalmine?

Parallels with the failed microfinance revolution?

Our analysis of Suri and Jack’s hugely influential 2016 article shows that it simply does not stand up to scrutiny. One might conjecture that this has something to do with the fact that much of the funding for their work over the past decade has come from FSD Kenya and the Gates Foundation, two of the world’s leading advocates for the fin-tech model.

In this context, it is interesting to recall how the now largely discredited microfinance movement got a game-changing boost back in the 1990s thanks to a study by two high-profile World Bank economists – Mark Pitt and Shahidur Khandker – claiming that microfinance in Bangladesh was generating major poverty reduction benefits for women Pitt and Khandker’s work was much later shown to contain many serious errors and its conclusions were unsound. Nevertheless, Pitt and Khandker’s work more than served its immediate purpose, which was to galvanise support within and around the international development community for an intervention that the World Bank desperately wanted to see go forward on ideological grounds. We might therefore pose the obvious question here with regard to the misrepresentation of M-Pesa’s impact: are Suri and Jack the new Pitt and Khandker?

 

Editors Note: This article was first posted in the Review of African Political Economy (ROAPE)

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