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The Laikipia Crisis and the Disenfranchisement of Kenyans in the North

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The Laikipia Crisis and the Disenfranchisement of Kenyans in the North

The widely publicised recent invasions of wildlife conservancies in Laikipia County in Kenya have often been framed as conflicts between pastoralist communities and conservationists. However, the conflicts in Laikipia and elsewhere in northern Kenya ought to be looked at as a national security issue exacerbated by historical land injustices and the pursuit of an inappropriate conservation model that relegates the true owners of the resources to the periphery.

It is instructive that the state has identified environmental degradation as constituting a threat to national security. This was highlighted in a story published in the Sunday Nation on May 7, 2017 on Kenya’s plans to expand the military. Quoting from The National Defence Policy, the reporter stated that the government had identified environmental degradation as one of the threats to Kenya’s security.

This admission is significant because for a long time the country has taken for granted fatal consequences of wanton destruction of forests, rivers, habitats, ecosystems, as well as serious erosion of biological diversity. How individual actions affect the environment appears not to preoccupy most people’s minds in the country. Collectively though, such injurious individual actions result in a situation that has far-reaching implications, not just on the well-being of the environment or inability of ecosystems to supply life-nurturing environmental resources to citizens, but also on the security of the country.

On its part, the state has kept making one policy pronouncement after another without putting in place the necessary resources and personnel to implement the policies or to whip everyone into line. For many years now, the discord between what is said in official statements and what is done by citizens, companies and the state itself has given rise to serious crises. This greatly affects the lives and livelihoods of millions of Kenyans, some of whom opt for extra-legal measures to stay alive.

Many have gone on to equate Laikipia to the Biblical Eden; “it represents a lost Eden in European settler thinking, epitomised by the writings of Kuki Gallman, which are infused with an imagined sense of entitlement to and identification with her adopted land.”

Added to this is the long-running official neglect of arid and semi-arid areas of the country. Individuals and organisations that constitute the country’s conservation fraternity have capitalised on officialdom’s disinterest by experimenting with a conservation model that is harmful to the communities there. With financial support from multilateral and bilateral donors, as well as big-bucks international NGOs, the fraternity has literary taken over and has been running not just conservation, but also security, livestock marketing and conflict resolution in a manner that greatly interferes with the sovereignty of the communities that claim ownership of the land there.

This sad state of affairs is epitomised by the fact that one organization, Northern Rangelands Trust (NRT), openly claims that it has brought into conservation a whopping 44,000 km2 of the lands in the upper Rift, north and coastal regions. The reaction to what happens there and how it affects the rights of the communities to their lands and resources, as well as how this translates into the apparent insecurity in Laikipia and elsewhere in the north, ought to be seen as social reverberations of historical land injustices and official neglect.

The historical narrative

In Moving the Maasai: A Colonial Misadventure, Lotte Hughes paints a picture of pastoralist communities disinherited from their land on two different occasions in 1904 and 1911. The British author says that between 1904 and 1905, colonial authorities forcibly moved the Maasai people from their favour­ite grazing grounds between Na­ivasha and Nakuru into two reserves in order to make way for white settlement. Laikipia was one of the reserves while the other was in the south, on the border with Tanzania. According to Hughes, this was done following the 1904 Maasai Agreement through which the community was promised that it could keep the reserved ar­eas “so long as the Maasai as a race shall exist.” She writes that the British did not honour their promise but went on to move the Maasai again seven years later “at gunpoint from Laikipia to an extended southern Maasai reserve.” More than 20,000 people and not less than 2.5 million livestock were moved between 1911 and 1913. All this was done mainly to pave way for white settlers, although, as Hughes says, there were other extraneous reasons, including the desire by the colonial administration to concentrate the Maasai in one reserve in order to better rule over them and to impose taxes. Consequently, the Maasai lost between 50% and 70% of the land they occupied be­fore 1904.

Since the second “move” was implemented, the Maasai have maintained that this was not an “agreement” per se as their leaders signed it under heavy duress and coercion. “This effectively ren­dered the first Agreement void,” writes Hughes. This supports the intermittent claims made by activists from the community that they have a legal claim over the land now occupied by the mainly white ranchers in Laikipia.

The campaign for redress for this historical injustice reached a crescendo in the early 2000s when the community, led by the defunct Osirigi NGO and people like the late Elijah Marima Sempeta, intensified calls for a return of the lost lands. The latter was a young lawyer who travelled to Britain and unearthed documentary evidence ascertaining that the leases given to the white ranchers had come to an end and that time had come for the ownership of the land to revert to the local community. Following a spirited campaign, the matter fizzled out after Sempeta was murdered outside his home in Ngong Town in circumstances that remain unexplained. However, the push appears to have borne fruit when lease periods were lowered from 999 years to 99 years in Kenya’s 2010 constitution.

Defeating the land rights campaign

The white lessees of the land in Laikipia have adopted a multi-pronged counter-campaign and have shown – in words and deeds – that they are not ready to forfeit the land. According to Hughes, many have gone on to equate Laikipia to the Biblical Eden; “it represents a lost Eden in European settler thinking, epitomised by the writings of Kuki Gallman, which are infused with an imagined sense of entitlement to and identification with her adopted land.”

In Land Deals in Kenya: The Genesis of Land Deals in Kenya and its Implication on Pastoral Livelihoods – A Case Study of Laikipia District, 2011, John Letai says that Laikipia has “profound inequalities” in land ownership, with 40.3% of the land being controlled by 48 individuals. Among the biggest landowners in Laikipia include Gallman, whose Ol Ari Nyiro ranch is said to be 100,000 acres. Other large ranches include the Ol Pejeta ranch (92,000 acres) that was once associated with Saudi billionaire arms dealer Adnan Khashoggi and the Ol Jogi ranch (67,000 acres) owned by the late French billionaire art dealer Daniel Wildenstein. But even with this kind of inequality, it has been apparent that the ranchers cannot countenance the idea of ever giving up the giant parcels of land to the original owners. Some have been offloading the land to other rich people (some of whom are foreigners) while top business and political elites in the country have also increasingly acquired land there.

The white lessees of the land in Laikipia have adopted a multi-pronged counter-campaign and have shown – in words and deeds – that they are not ready to forfeit the land.

Another approach has been to front the sprawling ranches as important wildlife conservation areas. Targeted in this approach is a powerful and moneyed audience in the West that has contributed immensely to support wildlife conservation in cash and kind. Initially, the white ranchers had not taken wildlife conservation as seriously. For a long time, many had taken to large-scale livestock keeping but later realised that they stood to gain much more by converting their properties to either mixed livestock-and-wildlife areas or to exclusive wildlife conservation zones. They appear to have been inspired by arguments put forward by people such as Dr. David Western, a former Kenya Wildlife Service director, who championed the parks-beyond-parks concept, as well as the outcome of the 2003 World Parks Congress organised by the World Conservation Union (IUCN) in Durban, South Africa. According to Dr Mordecai Ogada, a former chief executive of the Laikipia Wildlife Forum, the central theme and message coming out of the Congress was “benefits beyond boundaries”.

“The model that proposed establishment of conservancies outside protected areas … gained immediate currency and caught the eye of donors as well as statutory agencies like the Kenya Wildlife Service, which were keen to gain more habitat for wildlife and secure reservoir wildlife populations that could augment those in parks via wildlife corridors,” says Dr. Ogada.

He says that this led to a “carefully laid out and presented plan” to secure the future of wildlife in these vast lands and to get financial support from private and institutional donors.

To avoid paying taxes and to continue enjoying the largesse of global supporters of wildlife conservation, many of the Laikipia ranchers registered their conservancies as non-profit organisations. Today, Ian Craig’s Lewa Conservancy and Kuki Gallman’s Ol-Ari Nyiro Conservancy are registered as non-profit outfits. However, this is a misnomer because many of them run exclusive, high-end lodges and camps that charge tens of thousands of shillings daily to tourists. For instance, with 12 tents that can accommodate 26 guests, Lewa Safari Camp located in the Lewa Downs charges between Ksh15,500 ($155) and Ksh42,600 ($426) per night depending on the season.

The plot thickens

Getting the United Nations Education, Scientific and Cultural Organisation (UNESCO) to give world heritage status to the ranches is the third approach adopted by the ranch owners. The secret scheme to have UNESCO play ball is aimed at enabling the ranchers to maintain a lasting claim on the land and, therefore, “eternally” defeat any campaign to have it revert to the Maasai community. So far, this is a feat that only Lewa Conservancy has attained. The 60,000-acre ranch was given this status in 2013, as an extension of the Mount Kenya World Heritage Site together with the Ngare Ndare Forest, which is also in Laikipia.

However, there are those who say that the elevation of Lewa was an anomaly because according to the World Heritage Convention, the duty of ensuring the identification, protection and conservation of cultural and natural heritage sites “belongs primarily” to the state. In addition, Article 5(4) of the convention burdens states with the funding and the protection of such sites, besides coming up with laws to protect them. Further, Article 6(3) states: “Each State Party to this Convention undertakes not to take any deliberate measures which might damage directly or indirectly the cultural and natural heritage.”

Nevertheless, Lewa’s success appears to have encouraged others with huge ranches, some which were constituted through the NRT, to seek similar status for their property. According to what I found out, the ranchers commenced this in 2014 when 24 wildlife conservancies and private game ranches made applications to be included in the world database of protected areas. These include Ol Pejeta Conservancy, Segera, Solio Ranch, Ol-jogi Ranch, Kisima Farm and Ol Ari Nyiro Ranch (see: https://protectedplanet.net/ ).

“There is a rush to create a super big protected area stretching from Lewa to Solio – all of it under the cover of Word Heritage Convention,” says Njenga Kahiro, a former Project Officer with Laikipia Wildlife Forum.

If this goes through, it will mean that the conservancies and ranches will be declared of outstanding universal value and natural beauty. It is also bound to have far-reaching implications for Kenya, which is a signatory to the World Heritage Convention. Formulated in 1972, the Convention protects the world’s cultural and natural heritage. In essence, the ranchers appear to be putting forward the argument that the land is special and only its present owners can be trusted to keep it that way. But this has attracted criticism from members of the Maasai community. “This is a misplaced idea and it will receive serious challenges and resistance from human rights and indigenous people,” said Mali Ole Kaunga, the director of IMPACT, an NGO based in Laikipia County. Ole Kaunga accuses the ranch owners of “hiding behind international conventions…in order to get the Kenya government to protect them as it is obliged to by the Convention.”

Laikipia has “profound inequalities” in land ownership, with 40.3% of the land being controlled by 48 individuals.

Eustace Gitonga, the director of the Community Museums of Kenya, says that this will prevent Kenya from ever changing the use of such a vast segment of its real estate. “This will mean that Kenya cannot access any mineral wealth suspected to be in these lands.” Gitonga believes that this will also affect Kenya’s sovereign right to decide on how best to use its resources.

Other dynamics have also set in to further disenfranchise the pastoralist communities. This includes acquisition of large parcels of land by top politicians and rich people, from different ethnic groups in Kenya. Added to this is the phenomenon of absentee landlords and the resettlement of smallholders, mainly from the Kikuyu community, there. According to Letai, today, smallholder farms constitute 22.21% of the land. Many of the owners of the small farms have abandoned their parcels, as ascertained by a study done in 2013 titled The Abandoned Lands of Laikipia Land Use Options Study). A whopping 238,000 acres have been abandoned by some 85,000 titleholders, most of whom live elsewhere.

The absentee landowners, who were settled there by the first independent government under the late President Jomo Kenyatta, ended up using the land as collateral to acquire loans, mainly from the Agricultural Development Corporation. Letai says that there has been a rush to buy off the land from the absentee land owners. “Former commercial ranch managers are identifying the title holders of the absentee lands to convince them to consolidate their holdings and sell them to foreign diplomats, aid workers and even some former Zimbabwean white farmers. He adds that after purchasing the land, the latter have been fencing them which “has created tension with the Maasai and other pastoralists who have been using this land over a long period of time.

NRT’s approach

This situation is compounded by the fact that the inappropriate conservation approach and, to some extent, the goings-on in the private ranches of Laikipia, is replicated in the sprawling communally-owned lands within Laikipia and neighbouring counties. Northern Rangelands Trust has been championing the well-oiled conservation initiative, arguing that it enables communities to get revenue from conservation activities, promotes security in the north and has been facilitating the mainly pastoralist communities to put in place grazing plans that lessen their vulnerability to frequent and severe droughts occasioned by climate change. The organisation further says that it is involved in bringing more lands into wildlife conservation through the development of strong community-led institutions and that this forms the basis for investment in tourism and community development. NRT-inspired community conservancies have now spread across Laikipia, Samburu, Isiolo, Marsabit, Baringo/East Pokot, Garissa, Tana River and Lamu counties.

The largesse extended to the NRT is large and extensive to say the least. For instance, last November, the United States government channelled, through the United States Agency for International Development (USAID), some Ksh2 billion (US $20 million) in a new five-year scheme meant to expand NRT’s operations in 33 conservancies in Kenya’s coastal and northern regions. According to NRT’s website, the conservancies now cover 10.8 million acres (or 44,000km2) of the country and are spread across 11 counties. Announcing the grant, US ambassador Robert Godec said it was meant to “support the work of community rangers, conserve wildlife and fisheries, and improve livelihoods and advance women’s enterprises.”

The NRT was started in 2004 by Craig, with the initial aim of raising funds to aid the formation and running of wildlife conservancies. Its website says it supports the training of relevant communities and helps to “broker agreements between conservancies and investors.” It also says that it provides donors with “a degree of oversight and quality assurance.” Besides the US, the organisation’s activities are heavily funded by the Danish Development Agency (DANIDA), The Nature Conservancy (a US-based international NGO) and the French government’s Agence Francaise de Developpement (AFD). Other financiers include Fauna & Flora International, Zoos South Australia, Deutsche Gesellschaft für Internationale Zusammenarbeit (GIZ of Germany), US Fish and Wildlife Service, San Diego Zoo, International Elephant Foundation, Saint Louis Zo, and Running Wild.

However, it is the massive grants from USAID and Tullow Oil, the British company that has struck oil in Turkana County, which has attracted curious interest from observers who believe that there’s more than is being said in official communication. Pundits say that NRT’s approach affects communities negatively. According to Dr Ogada, the launch of community conservancies “began the mass disenfranchisement of communities in the name of conservation, and the rest is history.”

“Conservation is a noble cause, but like all other sectors, should be properly regulated. Kenya is currently failing to do that.”

In an interview with this writer, Michael Lalampaa, an official with the Higher Education Loans Board who hails from Samburu County, said that “even when droughts occur, pastoralists cannot access part of their lands that are now set aside for wildlife conservation and which constitute the community conservancies.” Indeed, many of the NRT-inspired community conservancies visited by this writer in late December 2016 had set aside big portions of the community lands as exclusive wildlife areas (or core areas). Some of these zones have better ecological characteristics and impressive landscapes favoured by tourists. Lalampaa complains that NRT compels communities to set aside the best portions of their lands for the exclusive use of wildlife and investors subsequently lease it to set up tourist facilities.

What is interesting, as this writer found during a tour of the Kurikuri Conservancy close to Mukogondo forest, is that the NRT not only brokers the investment agreements, but has also insisted on having its employees as some of the signatories of conservancies’ bank accounts. More alarming, the community in Kurikuri is required to meet some of the costs of running the lodges, which eats deeply into the cash they get from leasing out their land and from each of the tourists who visit the conservancy.

To ensure that the operations within the conservancies have the support of relevant communities, NRT has identified and co-opted local leaders and elites who aid in persuading the pastoralists to set aside land for conservation. As a result, some of the prominent personalities within the Samburu, Borana, Maasai and Rendile communities are on the NRT’s board.

Drought part of the problem

Although the prolonged drought that ended last month is believed to have triggered the recent invasions of ranches and conservancies in Laikipia, there are claims that some of the pastoralist communities there have unwittingly locked themselves out of parts of their lands through the conservancy agreements. “Once the agreements are put in place, it becomes impossible for the herders to access pastures in the conservancies as they are confronted by armed scouts who kick them out. It is sad that at times, livestock end up dying simply because their owners cannot graze them in what used to be their lands,” says Lalampaa.

The setting aside of huge sections of community ranches (which is facilitated by the NRT) for conservation purposes has created a dilemma for the communities and is proving to worsen rather than diminish insecurity, particularly in the upper eastern and northern Kenya regions. According to media reports, the alienation of land has contributed to the hardships suffered by local pastoralists, especially during the current prolonged dry spell. Reports paint a worrisome picture of members of communities invading either the areas they had earlier set aside or other private game ranches. For instance, armed herdsmen invaded the ranch belonging to Will Jennings, a mixed race Kenyan, resulting in a shootout between members of the Rapid Deployment Unit of the Kenya Police and the rangers. Other ranches invaded recently include the Loisaba Conservancy and Sera Conservancies established by the pastoralists, the 50,000-acre Segera Ranch owned by Jochen Zeitz, a former CEO of the Puma sports brand, and the Sosian and Galmann ranches. So far, one rancher, Tristan Voorspuy, has been killed in Sosian Ranch, while Gallmann is still recovering in hospital after being shot by herders.

NRT’s security apparatus

Although the government has moved its security machinery into Laikipia, the long-running insecurity in Laikipia and other parts of the north is an indictment on its ability to pacify these areas. It is also apparent that the NRT has “filled the gap” by establishing a security apparatus that is considered one of the most controversial aspects of the organisation’s activities. On its website, the organisation says that it carries out anti-poaching operations, wildlife monitoring and that conservancy rangers are “invaluable to the Kenya Police in helping to tackle cattle rustling and road banditry.” NRT says that each conservancy has a team of uniformed rangers that are “employed by the communities and trained with support from NRT”. By 2014, there were some 645 such rangers.

Additional information posted on the organisation’s website shows that the rangers are given basic training by KWS personnel at the wildlife agency’s Manyani Training School. There, they learn “bush craft skills, as well as how to effectively gather and share intelligence, monitor wildlife and manage combat situations.” According to information posted on the website of the NGO Save the Rhino, some rangers have been given Kenya Police Reserve accreditation and “sufficient weapons handling training.” Such advanced training is done by 51 Degrees, a company associated with Batian Craig, the son of Ian Craig. Among the specifics of the training include tactical movement with weapons, ambush and anti-ambush drills, handling and effective usage of night-vision and thermal-imaging equipment and ground-to-air communications and coordination. The rangers are also taken through what is called “typical training of different operations in war situation”, as well as observation, stalking, camouflage and concealment, judging distance and map reading. NRT has also launched patrol boats for security operations in its coastal chapter, which has now benefitted from USAID’s finances.

The crisis is worsened by the pursuit of an inappropriate conservation model that has resulted in more disenfranchisement of the local people and led to rising incidences of severe drought as a result of climate change. The crisis is further exacerbated by neglect by the state and its unwillingness to stamp its authority in these areas –which has given undeserving space and say to the NRT and its foreign supporters.

“This formidable armed force is under the overall control of a CEO who is a civilian and isn’t even a citizen of this country,” said Dr. Ogada. He added that by allowing this to happen, KWS “has effectively abdicated its wildlife protection role” to the NRT.

Dr. Ogada believes that the immense foreign and private control over such a large proportion of the country’s resources and citizens calls for more overt dialogue and regulation. “Conservation is a noble cause, but like all other sectors, should be properly regulated. Kenya is currently failing to do that.” He adds that the sheer geographical, financial, cultural and political scale of this intervention calls for a lot more thought than has been given to it thus far.

It is apparent that the crisis in Laikipia and other areas in Northern Kenya is a multifaceted one that defies a simple explanation. It has its origins in historical land injustices that have not been addressed even after Kenya became independent. The crisis is worsened by the pursuit of an inappropriate conservation model that has resulted in more disenfranchisement of the local people and led to rising incidences of severe drought as a result of climate change. The crisis is further exacerbated by neglect by the state and its unwillingness to stamp its authority in these areas –which has given undeserving space and say to the NRT and its foreign supporters.

To address this crisis, all players must come together to examine, in a holistic and comprehensive manner, issues related to land ownership and use, security, economic well-being of the people, and vulnerability of the local communities to adverse effects of climate change, among other issues. The state must also pacify these areas, not merely by sending the police or members of the Kenya Defence Forces, but also by starting social and economic projects in a manner that will establish a meaningful and lasting economic footprint there.

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Gitau Mbaria is a freelance writer, journalist, author and researcher.

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MANY STRANDS OF MANY STORIES: Why No Single Story Can Capture Nigeria’s 2019 Elections

With less than a month to the Nigerian election most analysis on issues the voters are concerned with are to do with corruption, terrorism and the size of Nigeria but as CHRIS KWAJA and ALY VERJEE argue, there are many more strands that will affect the choices the Nigerian people will make come election day.

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MANY STRANDS OF MANY STORIES: Why No Single Story Can Capture Nigeria’s 2019 Elections

A little less than a month is left before Nigerians cast their ballots for their next president and parliament, the National Assembly. The elections will be held on February 16, followed two weeks later, on March 2, by votes for state governors and state assemblies.

Officially, Nigeria’s election campaign only began on November 18, 2018, but it was evident that the campaign was long underway before the official start, with flags and banners festooning the streets for months. Campaign offices opened throughout the country as early as 2017, and the merry-go-round of party defections, denunciations, and the making and breaking of alliances, was in full play.

Most analyses of Nigeria’s electoral politics focus on a few familiar themes: Nigeria’s size; terrorism, and corruption. And, of course, the presidential race. True, the country is Africa’s largest democracy, having added more than 14 million voters since the 2015 elections, with the rolls now holding a massive 84 million registered voters. Also undeniable is that Nigeria is vulnerable to disruption from terrorist groups, most notably from the Islamic State in West Africa, more commonly known as Boko Haram. Everything is bigger in Nigeria, the saying goes, and that is true of corruption as well; in March 2018, the federal government’s accountant-general found that 20 per cent of those on the country’s police payroll, amounting to more than 80,000 officers, or about the same number that serve in the entirety of the Kenya Police Service and Administrative Police Service combined, could not be accounted for.

And when it comes to presidential politics, two septuagenarian Muslims from northern Nigeria, both veterans of the political scene, are the leading contenders. The incumbent president, Muhammadu Buhari, 76, a former military head of state in the 1980s, seeks a second term as a civilian president under the coalition he assembled in 2013, the All-Progressives Congress (APC). Many Nigerians are disappointed in Buhari, who took office in 2015 with grand promises of change, many of which have yet to come to fruition. A sluggish economy, weighed down by low oil prices, has also hurt Buhari’s prospects.

Buhari’s principal challenger is businessman Atiku Abubakar, 72, a former vice-president of Nigeria and one-time APC member, now the candidate of the People’s Democratic Party (PDP), which held power from 1999 to 2015.

But despite these consistent themes and characters, and the indisputable importance of the presidential contest, it would be a mistake to think that nothing has changed in Nigeria, or that there are no other Nigerian political races that also matter hugely in their own right. To paraphrase the writer Chimamanda Ngozi Adichie, there is no “single story” about Nigeria’s 2019 elections.

These presidential elections may reconfigure old tensions over identity. In 2015, when the then President Goodluck Jonathan, a Christian from southern Nigeria, faced Buhari, the perception that votes were cast on the basis of religious affiliation was strong. Religious minorities living in majoritarian communities often bore the brunt. This time, Nigeria’s south does not have a major presidential candidate to back, which may ease communal tensions and diminish the argument that a Christian could or should only vote for a Christian. But it also positions the southern states to be presidential kingmakers – a role to which these areas have not been usually accustomed.

But despite these consistent themes and characters, and the indisputable importance of the presidential contest, it would be a mistake to think that nothing has changed in Nigeria, or that there are no other Nigerian political races that also matter hugely in their own right. To paraphrase the writer Chimamanda Ngozi Adichie, there is no “single story” about Nigeria’s 2019 elections.

Yet to conclude that Nigeria’s election is only or even mostly about identity would also be erroneous. In many parts of the country, there are legitimate concerns that civic space is shrinking, and the expression of views that defy those that are officially permitted is unwelcome. At the same time, that political debates are being shaped by questions over the performance of the economy is notable: it suggests that issues, and not only personalities, do matter, although a considerable number of voters are confident that their preferred candidate – whether Buhari or Abubakar – will take the necessary steps towards economic reform if elected, without any systematic reasoning for that belief. In that respect, the optimism of Nigerians is no different from that of citizens of other countries.

These are also the first elections in which there is the precedent of the peaceful acceptance of defeat. Incumbents almost always win, and there were some that felt that former President Jonathan would try to cling to power in 2015. There were credible fears that Jonathan’s PDP would not accept being removed from office, having governed Nigeria since democratic elections were reinstituted in 1999. But Jonathan did go, and peacefully transferred power for the first time in the country’s democratic history. The transition to Buhari, while not without some hurdles, was smooth. Having defeated an incumbent once enlarges the imagination to the possibility of it occurring again. In this way, therefore, the 2019 vote is almost as important a test as 2015: can the principles of magnanimity and acceptance of credible electoral outcomes be entrenched, rather than discarded, when it matters most?

The other consequence of a president being defeated at the polls is higher expectations for the overall electoral process. Although many Nigerians expressed concerns about electoral preparations in the run-up to the 2015 vote, the retrospective judgment is that the Independent National Electoral Commission (INEC) delivered a credible election in 2015. There are much higher expectations of INEC this time around, and particularly of the commission’s chair, who cannot escape comparisons to his predecessor. Prior to 2015, the country’s history of election management was, at best, checkered. However, even if today’s INEC is building from a strong foundation, past performance is only a limited indicator of future results.

To the point of expectations and perceptions, many perceive any missteps by the electoral commission – no matter how unintentional – as deliberate steps away from the high watermark of 2015. And although INEC has improved its technical preparations for the upcoming vote, few are aware of this work, which limits the positive regard in which INEC is held. Two recent votes, in the states of Ekiti in July and Osun in September – known in Nigeria as “off-cycle” elections, their place on the calendar permanently altered by judicial invalidation of previous polls for irregularities – have generated plenty of concern and criticism about INEC’s actions and inactions, whether justified or not.

Narratives of insecurity are also in flux. Ask any Nigerian about insecurity today and they will speak of what are often misleadingly known in the vernacular as farmer-herder clashes. Although many of these disputes are accurately depicted as resulting from disputes over land and grazing access, to subsume all of these disputes under this rubric oversimplifies the nature, cause, and expression of such forms of violence.

That said, across Adamawa, Benue, Kaduna, Plateau, Taraba and Zamfara, among other states, dozens of violent episodes have occurred, leading to the deaths of more than 1,300 people and the displacement of hundreds of thousands. Such forms of insecurity may well affect the prospects for candidates running in these states. And compared to the Islamist terrorism of Boko Haram, which remains largely confined to the states of the northeast region, these other forms of violence are – and are perceived to be – much more geographically widespread.

Narratives of insecurity are also in flux. Ask any Nigerian about insecurity today and they will speak of what are often misleadingly known in the vernacular as farmer-herder clashes. Although many of these disputes are accurately depicted as resulting from disputes over land and grazing access, to subsume all of these disputes under this rubric oversimplifies the nature, cause, and expression of such forms of violence.

Even in states that are not directly affected, the prevalence of such clashes is a barometer for the performance of the federal government, and in particular, the president. Some argue that Buhari is overly sympathetic to the herders, which they argue explains the government’s ineffectual response. The reality of the political economy, environmental stress, easy access to arms, and the inadequacy of civilian law enforcement are only some of the factors that explain why such disputes are so hard to prevent.

Criminality, banditry, as well as some elements associated with the Biafra secessionist movement, also pose threats to the elections. Though they comprise a common narrative around the possibility for electoral disruptions, they largely differ in terms of their causalities and manifestations, and areas of the country they most affect.

These dynamics, and how they impinge on Nigeria’s presidential race, attract most of the attention, analysis and focus. However, the national level is only one side of the story. Nigeria’s electoral experience and expectations vary considerably from state to state, as research we conducted in 2018 in eight states showed. For example, in Kaduna, a state in northern Nigeria badly hit by electoral violence in 2011, the long shadow cast by this history remains relevant even today. Some feel that the cost of violence in 2011 was so high that it is likely to deter future electoral violence. Fears over violence arising from recent local government elections, which were administered by a state-level electoral commission, saw some incidents, but no widespread dispute. Yet, the potential for other forms of violence – such as communal clashes between Muslims and Christians – remains. The Kaduna gubernatorial election is likely to be tense, and polarisation in the state may only further fracture the historic political convergence across ethnic and religious divides that brought the APC to power in Kaduna in 2015.

Meanwhile, in Lagos, Nigeria’s largest city, and a state in its own right, intra-party rivalries are challenging the APC’s ability to manage internal disputes. In addition, local government elections in 2017 – for municipalities and town councils – also aggrieved many political aspirants within the APC. The challenge has been as much the contest within the party, as the contest with other parties. At the same time, many Lagosians say that they are more interested in making money than in participating in politics, which may drive voter apathy and contribute to a lower risk of electoral turmoil.

Intra-party disputes are one example of where the national intersects with the local. The conduct of political party primaries can create its own backlash. Within the ruling APC, prominent figures from Imo and Zamfara states have accused the party’s national chairman, Adams Oshiomole, of colluding with other party members to impose their candidates at the state level.

However, party disputes can also manifest themselves in different ways. Kano is a clear example of Nigeria’s multiple layers of electoral stories. The state was crucial to Buhari’s victory in 2015. The former governor of Kano, Rabiu Kwankwaso, who now sits in the national senate, was instrumental in Buhari’s victory, and in the election of his successor as governor, Abdullahi Ganduje, his former deputy governor. Kwankwaso and Ganduje have fallen out, and Kwankwaso has defected to the PDP. Kwankwaso remains on speaking terms with Buhari, even as he sought the PDP nomination for president. Unsuccessful in that pursuit, it is clear that Kwankwaso still cares deeply about the gubernatorial race in Kano, and is backing PDP candidate Abba Kabiru Yusuf, whom he cites as the “brain” of his gubernatorial administration, and to whom he is also related by marriage to a member of his extended family. All that said, the Kwankwaso effect is hard to quantify: his return to the PDP does affect the APC’s fortunes given his enduring popularity in Kano, although the Buhari-Ganduje-APC machine remains more than robust in the state.

Although the flurry of names and places we have offered may already seem bewilderingly confusing, a quick turn to the south is necessary to illustrate that the complexity continues. The southeastern state of Anambra is fiercely contested because it is the only place where three political parties – the APC, PDP, and the All Progressives Grand Alliance (APGA) – are competing. Anambra is also a state where the Indigenous People of Biafra (IPOB) movement is active and is demanding a referendum on Biafran secession. A November 2018 protest saw police killed in the aftermath of an IPOB protest. And adding another dimension to Anambra’s contest, Atiku Abubakar has chosen the former Anambra state governor, Peter Obi, as his running mate. In Rivers state, the heart of Nigeria’s oil industry and the site of so much of the country’s past violence, governor Ezenwo Nyesom Wike of the PDP may well win easily, as an internal APC dispute has left it unclear whether the party will even be able to field any candidates.

What should be concluded from this brief survey of Nigeria’s state-level contests is that there is much diversity amongst the prevailing political dynamics, intrigues, and individual state circumstances, which are often independent of the politics at the centre. Though it might seem obvious to argue that subnational elections might matter to some as much as the national contest, the analysis of Nigeria is often reduced to a broad and superficial single narrative despite the obvious complexity of the country, with other levels of the political process often discounted as being of lesser importance.

What should be concluded from this brief survey of Nigeria’s state-level contests is that there is much diversity amongst the prevailing political dynamics, intrigues, and individual state circumstances, which are often independent of the politics at the centre.

Although there are many similarities in different parts of Nigeria, discerning the distinct political profiles of each state is important to understand what might happen and why it might happen, irrespective of who wins the big prize of the presidency. Nigeria’s elections comprise many strands of many stories. In evaluating the high stakes of 2019, these matter too.

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NO LONGER AT EASE: Uthamaki, Uhuru and a Dream Deferred

In moments when an ethnic community finds itself in a crisis, its spontaneous response is to blame everyone but itself: introspection becomes anathema – it searches for scapegoats and scarecrows to explain away its internal contradictions and confusion. By DAUTI KAHURA

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NO LONGER AT EASE: Uthamaki, Uhuru and a Dream Deferred

I returned to Kirimukuyu village, in Tumu Tumu sub-location, which is seven kilometres from Karatina town in Mathira constituency, Nyeri County, exactly twelve months after I had first travelled there to see an old lady by the name of Felistus Waguthi.

In the twelve months that had passed, Waguthi, who will be 76 years old this year, had lost her only brother, and in the last three months, she had been marooned in her house after breaking her leg. “I tripped on a slippery slope one morning as I went to the shamba, fracturing my leg bone and twisting my ankle,” she said to me, her left leg heavily bandaged and in a cast lifted up to rest on the bed. She was also hard of hearing, but “everything else considered, I have been okay, you’ve found me alive.”

When I met Waguthi in January 2018, President Uhuru Kenyatta and former Prime Minister Raila Odinga, political rivals in the controversial 2017 general elections, had not “greeted” each other. The “handshake” between them that took place on 9 March, 2018, gave birth to the Building Bridges Initiative (BBI), which is supposed to unite the country and ease political tensions.

Waguthi is not so convinced that BBI will work. “The fate of the country as currently constituted does not augur well for the future,” surmised the old lady, pointing out that the only thing the “greeting” had succeeded in doing was to forestall the mounting tension that cast a cloud of political uncertainty soon after the controversial 8 August presidential elections of and the repeat elections on 26 October.

“The political trajectory the country is taking is perilous and doubly uncertain because not only have things gone from bad to worse economically, but politically, the country’s leadership is groping around as President Uhuru and his cohorts seem clueless and rudderless as they steer the ship in the yet unsettled stormy waters, apparently from day to day.”

I had gone back to see Waguthi to help me reflect on the leadership of the Jubilee Party, a leadership that after retaking presidential powers in 2017 had left its base – the Kikuyu voter – seemingly confused and discombobulated. At 76 and having lived in a rural area for the better part of her adult life, Waguthi’s contemporary political analysis and sensibilities were sophisticated and on point.

“Uhuru has mortgaged the country to the Chinese…the debt now is in trillions, isn’t it?” mused the old lady, waving her fingers at me. “How much money is that? Those are mindboggling figures, yet all that money has been stolen by his friends and relatives. His government has been the most corrupt to date since I came of age and got to know what politics was all about. It is riddled with thieves and robbers and all he does is curse, threaten and talk big. I’ve never seen a president with no backbone like Uhuru. The current Kenyan leadership is in a crisis and this greeting between Uhuru and Raila, whose agenda is neither known nor understood by Kenyans, is just a gimmick to confuse the people even further,” analysed the old lady. “This is Uhuru’s last term, it is incumbent he vacates power and lets the constitution guide the next elections. Any attempt to tamper with the constitution so that he and Raila can create new centres of powers can only plunge this country into turmoil,” said Waguthi.

“Uhuru has mortgaged the country to the Chinese…the debt now is in trillions, isn’t it?” mused the old lady, waving her fingers at me. “How much money is that? Those are mindboggling figures, yet all that money has been stolen by his friends and relatives. His government has been the most corrupt to date since I came of age and got to know what politics was all about. It is riddled with thieves and robbers and all he does is curse, threaten and talk big…”

Waguthi told me that Uthamaki – the notion that only Kikuyus are entitled to political leadership in the country – had become a mirage, a dream deferred, a paradise lost that had left a bitter taste in the mouths of the Kikuyu people. “President Uhuru seems still hell bent in his political schemes to misuse the Kikuyus in abusing state power…That’s why there is this talk of changing the constitution…this will be disastrous, and if this is a harbinger of things to come, woe unto Kenyans. Don’t these African leaders ever learn?” Africa, she said, had been plagued with bad leadership, with leaders never wanting to leave office, which had led to many deaths and wanton destruction. Kenya, she added, was on its way to joining the league of failed state nations.

The old lady said that the move to change the 2010 constitution so that President Uhuru and Raila can presumably upstage Deputy President William Ruto in his bid to succeed Uhuru was devious and would jeopardise the security of Kikuyus in the greater Rift Valley diaspora and elsewhere in Kenya. “There has never been a time when the security of the Kikuyu people in the country has been as precarious and threatened as now…there is seemingly a truce in the country today, no doubt, brought about by the ten-month-old greeting, but one stupid move by the Uhuru leadership could see the Kikuyu peoples’ lives wrought in mortal danger.

“If it were not for the young Kalenjin man [Ruto], Uhuru would not be president, and our people would probably not live comfortably in the Rift Valley. That is a disturbing fact and, however much a section of the Kikuyu people and their political leaders will now pretend that this is not so, they owe it to Ruto,” said Waguthi matter-of-factly. “Many Kikuyus are now remembering to say many things about Ruto…that’s very interesting and those things could as well be true…but be knowing this, if you choose to welcome an ogre into your house, don’t complain afterwards that it is overfeeding and has taken over the whole house.”

“Uhuru was never a man worth being a president,” observed Waguthi. “The presidency was forced on him and six years later, he has made a total mess of it. He has never been in control, much less concerned with the destiny and plight of the people. Now that he has realised that he will be leaving the powerful position, fear and despondency have gripped his presidency – he’s been creating commotions and distractions to appear like he’s on top of things.”

Dusk was setting in and the lady who had been taking care of her was on her way back from Tumu Tumu trading centre where she had gone to recharge Waguthi’s mobile phone. Waguthi summed up her prognosis: “The president led a life of privilege. He has never done anything for himself. He is laid back. Everything has always been done for him, and even in politics that has been the case. That’s how a prince behaves…it isn’t his fault, because that’s how he was socialised. The fault has been the people who entrusted their political fortunes to a man, not because he was fit for the job, but because he came from a big political family, and therefore presumed that political power was his right.” The old lady said Uhuru pales in comparison to Ruto, who is tough, hardworking and does not come off as having been pampered in his early life.

Waguthi had given me some political food for thought, surprising and unpalatable as it may have been, coming especially from an old lady. But her analysis had been echoed by a much- travelled man, who was as educated and professional as they come. Three weeks before going to meet Waguthi, I had spent some time with a former World Bank financial consultant in Ngegu on the outskirts of Kiambu town in Kiambu County.

A teetotaler and staunch Protestant Christian, the soft-spoken 68-year-old Gikandi strikes you as a man of really few words – until he is provoked to give his prevailing political views. “The handshake had calmed down the palpable tension that had been building up in the country soon after the two elections…the county is much less tense now, but that was not a license for Uhuru and Raila to introduce a hideous agenda through the formation of the Building the Bridges Initiative,” posited Gikandi. “Let us be clear about one thing: were it not for William Ruto, Uhuru would not be president of Kenya. Have you forgotten how the two campaigned together in folded white shirts? We’ll not be drawn into distractions. The prevailing talk about political debts or the lack thereof, state corruption, revived past sins are all unhelpful and unnecessary.”

“I have lived long enough to know who has been stealing money from state coffers,” said Gikandi. “Kikuyus have stolen more money from successive governments than anybody cares to know or investigate. That I can tell you for a fact: Money was stolen in Kenyatta (I), during Daniel arap Moi’s tenure, during Mwai Kibaki’s rule and now, more than ever before, in Kenyatta (II).”

Jomo Kenyatta, father to Uhuru, was the founding president who ruled as an imperial president for 15 years, from 1963 to 1978. His Vice President, Moi, took over from 1978 till 2003, when his second term ended and his “project” Uhuru Kenyatta, the Kanu flagbearer who he had primed and propped up to take over from him, was defeated by Kibaki on a National Rainbow Coalition (Narc) party ticket.

“What we want post-2022 is security and stability for all,” said the former World Bank auditor. “President Uhuru must be very careful how he fashions his politics now as we head to 2022. It would be extremely devious of him to not think of the security of our people in the Rift Valley. I do not want to belabour that fact, but you and I know that a political misstep or mishap could easily trigger mayhem in that part of the country. We do not want a repeat of 2008. Some Kikuyus are now remembering Ruto’s past sins. They should have remembered them in 2012, not now.”

“I believe Ruto will get things done,” said Gikandi, “because he is focused, hardworking and he is always on top of things. All the President’s men, past and present, have stolen. I am not persuaded that it is the DP and his men that have allegedly siphoned all the money from the state. We cannot have double standards if we want to curb corruption and, by the way, why has President Uhuru chosen to ‘fight’ corruption now?”

“What we want post-2022 is security and stability for all,” said the former World Bank auditor. “President Uhuru must be very careful how he fashions his politics now as we head to 2022. It would be extremely devious of him to not think of the security of our people in the Rift Valley. I do not want to belabour that fact, but you and I know that a political misstep or mishap could easily trigger mayhem in that part of the country. We do not want a repeat of 2008…”

The financial risk management consultant, who is also a revered church elder of a big Anglican church in Mt Kenya South diocese, said that if BBI lives up to its demand of holding a referendum so that the constitution is changed, he will robustly oppose it. “Uhuru should just honour the constitution and peacefully leave office. More importantly, he should honour the promise to his deputy. We can still remember it very well, made in the lead-up to 2013 general election.”

While in Nyeri County, I also spoke to millennials. Their political views were equally surprising. I met Mureithi from Skuta, a trading town six kilometres from Nyeri town. Mureithi, who is in his mid-30s, runs an electronics shop at Thunguma centre, which is separated from Skuta by two kilometres.

“We do not want to hear anything about President Uhuru,” said an embittered Mureithi. “He has wasted us, he fought so hard to reclaim the presidency only to plunge us further into deep poverty and political uncertainty. I am struggling to stay afloat. In the past one year, Uthamaki rulership has turned into ultimatums and angry outbursts from the president when confronted with issues of Central Kenya development issues. We, the young people of Nyeri County, have made up our minds. We have nothing to do with Uhuru, his projects, or his political schemes.”

In retrospect, Mureithi told me, President Uhuru’s six years at the helm was for self-aggrandisement and enriching his friends and relatives. “Tell me what one thing the Kikuyu youth anywhere can be proud of after his unswerving support for Uthamaki? Nothing. Instead, we have been served with disappointment, disillusionment and dispossession. And these 3Ds have given way to a great sense of betrayal. I made a mistake in voting for him twice last year. I will never do that mistake again,” said Mureithi.

Nigute. This Kikuyu word has in the last year become the political catchword for the disaffected Kikuyus whose views of Uthamaki presidential rule in the run-up to the first presidential elections was clouded by a vista of imagined economic Shangri-La and paradise revisited. Literally, the word means to throw away. Figuratively, it means to be wasted, to be misused, to be of no value after use, to be dumped.

“I threw my vote away,” said Mureithi, “So is the feeling of many Kikuyus. They are stuck in a rut, angry, bamboozled and embittered. They were deceived…the truth is, they have always been cheated, but this particular deceit could not have come at a worse time: Uhuru’s government has plundered the economy and destroyed Kikuyu businesses. The people have no money and they have no one and nowhere to turn to.”

Mureithi told me that BBI will come a cropper, spearheaded as it is by political dynastic powers that believe it is they who must always rule Kenya and nobody else. “It is headed for defeat because we shall fight it. We know what they are up to. Here in Nyeri, the youth have decreed that they will not support the referendum that is being pushed by Building the Bridges Initiative. We shall vigorously oppose it. We are tired of Uthamaki and its appendages.”

“There are some Central Kenya leaders who have been moving around the region telling us it is Ruto who is the source of all corruption and theft in government and that corruption must be fought by all means,” said Mureithi. “Those leaders include our own MP here for Nyeri town constituency, Ngunjiri Wambugu. We’ve already warned Ngunjiri that, like Uhuru, it was a mistake to have voted for him. We should not have abandoned Esther Murugi, [the former MP].” Ngunjiri is looking at his only one term in parliament, Mureithi promised me.

“The greatest theft in government has been orchestrated by President Uhuru’s close friends, who have stashed away billions of shillings,” observed Mureithi. “How is it that now it is Ruto who has stolen all the money and that it is he who is the source of all our economic and political problems? By allegedly trying to antagonise the deputy president, President Uhuru and BBI are stoking future political violence and insecurity for Kikuyus resident outside Central Kenya. I have relatives in Rift Valley. I know how nervous the Kikuyus of that region are with all this careless talk about rethinking Ruto’s Kikuyu support in 2022.”

“Corrupt or not corrupt, I will be supporting William Ruto,” said Mureithi. “What has our own Uhuru done for us? Born in riches, Uhuru has been overindulged throughout his life. That’s why he couldn’t care less whether the Kikuyus eat grass or sleep hungry, as long as he can get them to die for his dangerous political ventures. President Uhuru has been saying this is his legacy term for Kenya. We know what that means: ‘This is my legacy for the Kenyatta Family, not Kenya, the country.’”

I wound up my Nyeri County visit by engaging Lilian Wambui from Gikondi village in Mukurwe-ini. Barely a year ago, Wambui would have killed for President Uhuru Kenyatta. “I was so indoctrinated by the Uthamaki logic and the person of Uhuru Muigai Kenyatta that I’d brazenly taunt my Luo friends to go fishing in Lake Victoria and catch thamaki (fish) because we the Kikuyus had Uthamaki.”

Wambui is a businesswoman: she once rented a quarry in Njiru that borders Mwiki to the north and Ruai to the southeast in Nairobi County, where her employees were all Luo men who broke and carved stones that would be picked in truckloads at the site. Wambui has also engaged in the mitumba business, where she specialised in camera (as-good-as-new) children’s designer clothes. Lately, she has been dealing in wholesale fruits and vegetables. In three and half years, all the three businesses have collapsed. In December last year, she escaped to her rural home to run away from the hustle and bustle of Nairobi and to rethink her future.

“Corrupt or not corrupt, I will be supporting William Ruto,” said Mureithi. “What has our own Uhuru done for us? Born in riches, Uhuru has been overindulged throughout his life. That’s why he couldn’t care less whether the Kikuyus eat grass or sleep hungry, as long as he can get them to die for his dangerous political ventures. President Uhuru has been saying this is his legacy term for Kenya. We know what he means: ‘This is my legacy for the Kenyatta Family, not Kenya, the country.’”

“President Uhuru is a total failure: all the money from the government has been stolen while he stood by and watched. Now he is fighting Ruto, pretending to combat corruption. He should give us a break. I never believed he would waste us [Kikuyus] after all the support we lent him. I think we Kikuyus have been bewitched. It is not possible for one family to bestrode an entire community so easily and take advantage of their political foolishness for so long,” she commented.

Wambui told me that she vividly remembers President Uhuru specifically campaigning among the Kikuyus in downtown Nairobi in 2017. “On 9 February, 2017, taking time off from his State House duties, the president joined the Jubilee Party’s Nairobi governorship aspirants to galvanise the people into registering as voters. The then contestants were Peter Kenneth and the ‘Gang of Four’ – Mike Sonko, Denis Waweru, Margaret Wanjiru and Johnstone Sakaja.”

The businesswoman recalled that everyone, including the president, congregated at Wakulima Market on Haile Selassie Avenue, famously known as Marigiti. “It is not for want of a better place to mobilise the Nairobi voter that the Jubilee Party cabal chose the marketplace. Because when the president spoke, it become rather obvious why Marigiti was a good starting point. “Wooooi andu aitu muiga nyinuke….wooooi mutikandekererie…..mutikareke nyinuke,” (Oh my people, are you sending me home….please don’t abandon me…don’t let me go home) urged the President.

“Two months earlier, campaigning in Ruaka and its environs which are in his home county Kiambu, President Uhuru at one stop addressed the people thus: ‘I have information that some people are saying they will not vote on the 8th of August. I appeal to you, particularly the youth, not to let me down. I know what we are defending. What did President Kenyatta mean by I know what we are defending?’” posed Wambui. “The Kenyatta Family legacy. Period. President Uhuru has let down every Kikuyu voter, other than his tenderpreneur friends and relatives, who came out to vote for him. And the Kikuyu youth, abused during the campaigns and ignored after power had been recaptured, have received the short end of the stick. They are now called thieves. Nigute.”

I spent half of 2017 and the better part of 2018 talking and oftentimes animatedly holding court with Uthamaki ardent followers who, just before the August 8 general elections, had immersed themselves in Uthamaki’s noxious rhetoric of political perpetuity. All of them – from market women to matatu drivers, conductors, freelance touts, hawkers, street vendors, street prowlers, petty traders, seasoned businessmen and women, college students, university dons, professionals and state bureaucrats – were seemingly hypnotised by the Uthamaki political conquest: “Seek ye first the political kingdom and all the rest shall be added unto you,” one born-again lawyer had reminded me, “but we are still humble about it.” (It was Kwame Nkrumah, the first president of independent Ghana, who famously coined the maxim, which would soon become a clarion call for many an African country seeking political independence in the 1960s.)

I spent half of 2017 and the better part of 2018 talking and oftentimes animatedly holding court with Uthamaki ardent followers who, just before the August 8 general elections, had immersed themselves in Uthamaki’s noxious rhetoric of political perpetuity. All of them…were seemingly hypnotised by the Uthamaki political conquest: “Seek ye first the political kingdom and all the rest shall be added unto you,” one born-again lawyer had reminded me…”

Yet, nothing has captured for me the hypnotic, trance-like behaviour of an Uthamaki fundamentalist who revels in sporadic moments of lunacy than the story as told to me by my friend Baba Otis.

On 1 June, 2018, Madaraka Day, Baba Otis was drying obamboo (dissected tilapia fish that is smoked and oftentimes dried for storage and which is eaten over a long period). Known by its variant name, obambla, its tasty soup is very delicious and nutritious, especially for children. In the evening, On that day, Baba Otis heard a knock on his door in the estate plot where he lives with other tenants in Nairobi. It was Mama Shiru. “Sasa Baba Otis, aki watoto wangu hawajakula siku tatu, nisaidia tu na piece moja ya samaki niwatengenezee.” (Hi Otis’s father, I swear my children have not eaten for three days. Please just give me one piece of the smoked fish. I will prepare it for my children.)

The evening visit by Mama Shiru was interesting, given that on 29 October, 2017, a Sunday and three days after the repeat presidential elections in which the Jubilee Party largely competed against itself, Mama Shiru, a mother of two, had broken into a frenzied dance of jubilation and had yelled for all to hear: “Uthamaki ni witu….thamaki ni ciao….mekuigwa uguo”. (The rulership is ours (Kikuyus)….fish is theirs (Luos)…they can go hang.)

Baba Otis was there to witness the hippy dance of a woman who, for all intents and purposes, behaved as if she had been possessed by Lucifer himself. She was sporting a wristband and bandana fashioned along the colours of the Kenyan flag that have come to be associated with chauvinistic Kikuyu men and women. That night, Mama Shiru must have slept like a king in the knowledge that her tribesman had once again settled in the hallowed sanctuary of the mighty State House. Uthamaki ni witu…thamaki ni ciao.

Barely seven months later, when Mama Shiru stood outside Baba Otis’s door, she had discarded her wristband and tossed away her bandanna. The uthamaki ni witu, thamaki ni ciao alliterative singsong had long been expunged from her now pursed lips. The bravado that had accompanied the wearing of the Jubilee Party paraphernalia and totems had gone. Crude reality had by then sunk in…perhaps…perhaps not.

One fact was clear though from Mama Shiru’s predicament – you cannot feed your children on a tribal ideology, much less if your tribesman is the country’s president. “But Kikuyus can also be impervious and shameless,” commented Baba Otis.

In moments when an ethnic community finds itself in a crisis, its spontaneous response is to blame everyone but itself: introspection becomes anathema – it searches for scapegoats and scarecrows to explain away its internal contradictions and confusion. “It is the handshake.” “This problem we are in now is one for all of us.” “It is William Ruto who is engaged in all these state thefts”. “Ni mang’auro marea marigiciiria munene.” (It is the scoundrels that encircle (our) leader.) “Muthamaki ndakararagio na ti wa garari,” (The tribal chieftain should not be criticized or contradicted.)

John Njoroge Michuki is on record after Narc came to power in 2003 for proclaiming that Kenyans (read: Kikuyus) had been agitating for constitutional reforms to remove Daniel T. arap Moi: Moi was the problem – not the almighty powerful presidency that the 1960, 1962 and 1963 Lancaster House constitution conferences had bestowed on Kenyans. But hey, as long as that individual was a Kikuyu, it was business as usual. Many Kikuyus conflate Kikuyu nationalism with Kenyan statehood. And they care less for this contradiction.

The grandstanding of kumira kumira (a clarion call that means to get out in large numbers), thuraku (safari ants) and all that toxic talk about Uthamaki and “ni ithui twathanaga guku,” (it is we (Kikuyus) who call the political shots) has melted away barely a year into the Jubilee Party’s second term.

After my interviews and interactions with Uthamaki believers, I could not help but ponder over what could be a priority in their minds as they struggle to contextualise their economic hardships and situate their political path come 2022.

Post-2022, the Kikuyus are thinking very hard about their security and survival in ways that they have never thought before. The presidency has become a burden to them: Like a millstone around their necks, it is weighing them down. But they made their bed and must lie on it. In a real sense, the president has stopped being a factor in their yet undecided political trajectory.

For the very first time, Kikuyus do not have a bankable political leader. Ten months into BBI, not all Kikuyus are persuaded that it augurs well for their political insurance. So far, they do not know what to make of it. Suspicion abounds.

Painfully, the Kikuyus are learning to internalise their political suffering, trapped as they are like a caged bird, its only freedom being to pitter-patter around the cage. Hence, their desire to extricate themselves from the clutches of political serfdom, and hopefully, from the pain of the (late) realisation that they have been duped and dumped.

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ALWAYS BEHIND: Kenya’s Languishing Creative Industry

Recent case studies have revealed that the creative industry can be a significant earner to an economy. However, as ALEX ROBERTS argues, Kenya’s languishing creative industry can be attributed to lack of support from the Government.

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ALWAYS BEHIND: Kenya’s Languishing Creative Industry

What was South Korea in the late 1970s? Say around 1979, during the first year of Daniel arap Moi’s presidency? It was a military state, run by a soon-to-be-assassinated autocratic leader, General Park Chung-hee, and still eight years away from becoming a presidential republic. It was a state in flux: the killing of Gen Chung-hee left a power vacuum, with political factions vying for superiority amongst the ruins of his toppled dictatorship. By any stretch of the word, South Korea entering the 1980s, and for much of that decade, could be described as a nation in turmoil, politically, economically and developmentally. It was a state at risk of falling back into chaos and becoming a cautionary tale.

Kenya, on the other hand, had new leadership. At the beginning of the 1980s, it was viewed by the international community as a shining example of a post-independence African state that looked set to be an economic powerhouse of the future. At that time, Nigeria was still under a military junta and South Africa was regressing into the bloodiest period of anti-apartheid action.

Yet, by the tail end of the decade, Seoul was hosting the 1988 Olympics, and less than four decades on, in 2016, South Korea had the 11th highest GDP on earth, behind Canada and ahead of Australia. According to the United Nations, in the same year Kenya was ranked 75th, just behind Uzbekistan and ahead of Guatemala.

What happened? A major factor is South Korea’s investment in the creative economy versus the Kenyan government’s approach of letting the entire sector be deprioritised and left to flounder alone.

In the case of South Korea’s film industry, one major shift occurred in 1994. At the time Hollywood films controlled most of the market while locally produced films controlled less than one-fifth. The government took a decision to invest in and emphasise locally-made films. Since then, the South Korean film industry, when coupled with K-Pop, has seen the rise of the “Korean wave”, a globally influential and massively profitable enterprise. It remains the modern model of the need for government support for the local creative industries.

With regards to K-pop (the Korean brand of bubble gum-style pop songs), the Government of South Korea played a direct hand in sustaining the momentum of this global musical force. A Ministry of Culture was formed in 1998, including a specified department exclusively overseeing the development of the nation’s music, with millions of dollars pouring in. Where the difference is further highlighted was the government’s targeting of music as a potential cash cow for the languishing economy. Much of Asia had been sucked into a whirlwind of economic turmoil in the late 90s, and the government needed alternatives for employment, taxable revenue and global influence. The government also ensured protection through effective policies and engaging with music industry members. Fast-forward two decades, and K-Pop is a US$ 5 billion industry.

In the case of South Korea’s film industry, one major shift occurred in 1994. At the time Hollywood films controlled most of the market while locally produced films controlled less than one-fifth. The government took a decision to invest in and emphasise locally-made films. Since then, the South Korean film industry, when coupled with K-Pop, has seen the rise of the “Korean wave”, a globally influential and massively profitable enterprise.

The creative economy has been defined as the ultimate economic resource within a nation. It’s the umbrella under which art, architecture, film, television, music, poetry, sculpture and writing exist. Kenya’s creative sector is a vibrant one, brimming with talent and possibility, especially when looked at through the opportunities it affords to the youth of the country.

Such opportunities are not exclusive to the Kenyan economy as the world is becoming modernised, and the creative sector is often an accompanying industry to modernity. In fact, the United Nations Educational, Scientific and Cultural Organization (UNESCO) has stated that the economic potential of the global creative sector was worth more than US$ 2.2 trillion in 2015. The creative industry has undeniably massive impact upon a nation’s potential GDP and can offer a built-in solution to lingering questions of “development”. A 2013 report from UNESCO outlines that the cultural sector is a vital aspect of the sustainable development of a nation, as the creative sector is not only one of the fastest growing sectors in the world, but also can be highly transformative in terms of income generation, job creation and a nation’s earnings through export. A 2010 policy statement released by the United Cities and Local Governments (UCLG) further reflects this, stating that culture is the fourth pillar of sustainable development for any nation.

So with all of this potential, why does the creative sector in Kenya languish? Why has Kenya not taken the leap into the void of the sector, that same leap that has produced billions for other nations, including within Africa?

The state of Kenya’s creative industry

An all too common complaint among artists within Kenya is that the creative industry is simply not a “serious” entity to be pursued as a path to a successful and lucrative career. This “lack of seriousness” has resulted in one of the worst policy frameworks for the arts in the developing world. Concerts go unattended, books are not bought (if they can be published at all), grants are not delivered, artistic facilities remain unfinished and draconian regulations are imposed on the content that can be produced. Radio stations play music from abroad and theatres show foreign films. As Nairobi-based singer-songwriter, Tetu Shani says of the current situation, “The day that Kenyan artists start living like politicians is the day you’ll see a shift in public perception and consumption.”

This issue is exemplified by the lack of policy and effective implementation of regulations surrounding the creative industry. When examining the music industry, the crux of the issue comes down to copyright. Most casual fans of Kenyan music are familiar with the story of the band Elani, which had a smash album and multiple hits in 2013 and 2014 after the release of their record Barua ya Dunia. The airplay was steady and the singles very successful. In 2016, Elani criticised the Music Copyright Society of Kenya (MCSK), stating that the organisation had only paid them royalties totaling Sh31,000. MCSK has been embroiled in constant legal and legislative turmoils, and had its capacity to collect, track and distribute royalties to Kenyan artists revoked due to a court order in 2018. MCSK has since been replaced by the Music Publishers Association of Kenya (MPAKE) in the role, yet the headlines and legal issues remain.

The ones who seem to get lost in the shuffle are the artists. The example of Elani is at the core of the problems that face the creative industries in Kenya; while there might be growth of the sector on paper, the artists or creators themselves don’t see the benefits materialising within their wallets. At an even more micro level, take the example of the National Environment Management Authority of Kenya (NEMA) enforcing noise pollution regulations against DJs in Kenya; security forces routinely go into clubs, arrest DJs for exceeding “noise restrictions”, even as they spin on the decks, and haul them off to jail. Such enforcements were not communicated effectively to the members of the music industry.

Again, the issues surrounding the enforcement of regulations continue when examining the burgeoning film industry in Kenya. Some estimates contend that over 90 per cent of films in Kenya are pirated, with the heavy-handed punishments outlined by legislation being rarely enforced.

On top of this, the head of the Kenya Film Classification Board (KFCB), Dr. Ezekiel Mutua, has made free expression through film and television markedly more difficult. Beyond his public criticisms of “gay lions” and cutting the release timeframe of Rafiki, the highest profile Kenyan film since 2011’s Nairobi Half-Life, down to less than a week (just enough time to qualify for the Academy Awards), Dr. Mutua has enacted steep license fees that have reduced the industry’s ability to operate independently, including the hoop-like requirement of filmmakers needing multiple licenses to film in multiple counties. It has become common for Kenya-based films and content to be filmed in South Africa. Indeed, Mutua’s attempts to enforce his dictates on theatre as well as the film industry have led content creators to further eschew any connection with the government.

On top of this, the head of the Kenya Film Classification Board (KFCB), Dr. Ezekiel Mutua, has made free expression through film and television markedly more difficult. Beyond his public criticisms of “gay lions” and cutting the release timeframe of Rafiki, the highest profile Kenyan film since 2011’s Nairobi Half-Life, down to less than a week…Dr. Mutua has enacted steep license fees that have reduced the industry’s ability to operate independently, including the hoop-like requirement of filmmakers needing multiple licenses to film in multiple counties.

Kenya had a booming fashion industry in the 1980s, which contributed 30 per cent to the manufacturing sector. Since the 1980s, the continual influx of mitumba (second-hand clothes) has cut this employment severely. The change was brought about by the government cutting regulations and import tariffs in the late 1980s, cutting down on the cotton and garment sectors. This led to an increase in the jua kali nature of the sector, with members of the garment industry having to find their own work after the majority of the cotton production mills shut down. In turn, this contributed to much of the textile industry being a separate entity from that of the clothing production industry – an issue exacerbated by the lack of a unified industry body to advocate for the fashion sector.

This last point regarding the fashion industry of Kenya is truly a key issue that swirls around the creative sector in Kenya. Much of the industry remains fragmented, splintered and run by independent individuals and micro-organisations operating unofficially outside of government taxation or influence. The lack of a structured unified body is reflected in other creative industries, which lessens the sector’s ability to engage in any sort of meaningful dialogue with the government. These issues of associational divide were echoed by HIVOS in 2016, which stated that “the current state of associations in East Africa is that they are fragmented, disunited and lack a consistent agenda on how to engage the government and different industries to ensure the standards of the industry consistently improve”.

So what does all of this amount to? There is one commonality: the utter lack of possible taxable revenue as a result of obtuse and inadequate policy. According to PricewaterhouseCoopers, the entertainment industries are growing across the board; revenues are up, as is Internet access and the number of viewers within the Kenyan market. However, Kenya is trailing far behind other nations that have capitalised on the bolstering of income from the creative sector.

Kenya vs other major African markets

The stagnant creative sector in Kenyan becomes apparent when examining the state of other African creative sectors. When looking through the lens of the two other leading sub-Saharan African markets (Nigeria and South Africa) the differences and gaps becomes stark.

Both South Africa and Nigeria have music industry infrastructure that focuses on the regulations of the industy. This includes promoting local artists while protecting their ability to garner revenue from their work and punishing those who take advantage. Within Nigeria, artists are promoted, DJs play the latest local tracks and help to encourage grassroots growth of new musical artists.

The most glaring example of a creative economy’s potential is the constant streaming of Nollywood movies on Kenyan televisions. How exactly did the Nigerian film industry become so massive in recent decades, dominating the African market and influencing global media beyond the continent? It is a remarkable story of growth, with Nollywood’s early roots tracing back to the colonial era of the early 20th century.

The independence of Nigeria from British rule in 1960 resulted in further expansion of the film industry. The key moment came in 1972, when the Indigenization Decree was issued by Yakubu Gowon, the Head of the Federal Military Government. The original intent of the decree was to reduce foreign influence and pour wealth back into the hands of Nigerian citizens. The international business community publicly complained, threatened to pull out, and in some cases reduced their investment. The Indigenization Decree led to hundreds of theatres having ownership transferred from foreign hands to Nigerian ownership.

In the years that followed, widespread graft was discovered in multiple industries (much due to foreigners paying for corporate “fronts” while secretly maintaining control). Gowon was deposed while abroad in 1975 and the film industry continued to grow. New theatre owners started to show more and more local productions, with the result being Nollywood experiencing a further expansion across the next decade as Nigerian citizens were suddenly directly involved in not only the control of the theatres, but also in what Nigerian audiences were more likely to buy a ticket to see, buy a VHS of, and later buy a DVD or stream: local content. Out of the ashes of colonialism, a bloody civil war and a military junta rule, Nollywood grew organically, hand over fist, year after year.

By the mid-1980s, Nigeria was producing massively profitable blockbusters and revenues grew to over US$11 billion (Sh1.1 trillion) by 2013. The industry also employs an eye-popping one million people, estimated to be second only to agriculture in terms of number of employees within Nigeria.

In the 21st century, the Government of Nigeria has taken further notice, mostly through the recognition of the massive benefits to the nation that the local film industry provides. Currently the government is working in conjunction with the National Television Authority of Nigeria to expand the industry, offering grants, expanding infrastructure and constructing a production facility. Perhaps most notable was the 2010 signing by former President Goodluck Jonathan of a US$200 millionCreative and Entertainment Industry Intervention Fund” in order to encourage the growth of Nollywood and other creative industries. Put another way, Kenya’s GDP is approximately one-fifth that of Nigeria’s, but there has been no US$40 million fund signed by the government towards the nation’s creative sector.

By the mid-1980s, Nigeria was producing massively profitable blockbusters and revenues grew to over US$11 billion (Sh1.1 trillion) by 2013. The industry also employs an eye-popping one million people, estimated to be second only to agriculture in terms of number of employees within Nigeria.

This is the point where naysayers to the potential of the creative economy will argue that corruption is endemic in Kenya, and therefore, reaching the heights of Nollywood is inherently impossible. This is a fallacy: Transparency International in 2017 ranked Kenya 143 out of 180 in terms of corruption and Nigeria came in at 148. Despite obvious governmental and corruption shortcomings in Nigeria, when it comes to the film industry, one thing has certainly been recognised: that money talks.

South Africa took a different route towards becoming a creative sector powerhouse on an international scale. This is best exemplified when examining the music industry of the country. Once again, the roots of the explosion of South African musical influence can be traced back to a government development programme – the Bantu Radio initiative, which, it must be stated, was put into place in 1960 by the apartheid government in what can best be described as a campaign to further segregate the country. The aim of the programme was to promote tribal music in the hopes that it would reinforce pre-colonial cultural barriers between different communities. It also had the not-so-subtle goal of establishing what black South Africans enjoyed in order to aid the apartheid government in further profiting off of them. The regime believed that the radio stations would play exclusively folk music, but the result was somewhat different. Bantu Radio began broadcasting more than a dozen different genres of music, among them Afro-jazz, kwela and isicathamiya. These genres exploded in popularity, bringing fame, recognition and influence to many South African music industry figures.

The South African Broadcasting Corporation was soon brought in to monitor and regulate the music being produced to ensure that the messages of the music didn’t criticise the apartheid regime or its policies of systemic racism. Further regulatory bodies were established to control the music being played. They did so effectively on the Bantu Radio network, but had also inadvertently “let the cat out of the bag”. There had been a long history of rebellious action through music in South Africa, but now there was an audience of millions who had several genres in mind on what to pursue. Popular artists who were censored on the radio took their messages directly to their audiences. There was an exodus of musicians who left South Africa in order to make music against the apartheid regime without censorship or reprisal. In 1982, the Botswana Festival of Culture and Resistance was held with much of the attendance made up of South African exiled musicians. At the conference, it was decided that the primary weapon of the struggle against apartheid would be culture.

Accidentally, through an attempt to further exploit and divide, the regime had laid the groundwork for both widely popular musical genres with a captive local audience. By 1994, when the last remnants of apartheid were finally thrown aside, the music industry grew massively and continues to be a dominant presence into the 21st century.

Anti-apartheid films, rising from South African independent cinema experiencing a boom in the early-80s – the same period when there was a proliferation of video cassette recorders – allowed the viewing of “subversive” productions. Some of these same anti-apartheid films (banned by the regime), such as 1984’s Place for Weeping, gained international traction and helped to establish South Africa’s film industries as influential outside of the borders of the apartheid regime.

What the creative industry has done for other nations

A UNESCO convention in 2005 stated that there is still a need for governmental frameworks that focus on “emphasizing the need to incorporate culture as a strategic element in national and international development policies, as well as in international development cooperation”. By this standard, the example of South Korea once again stands out. Just how did South Korea springboard its culture into a massive entertainment and creative sector in such a short period of time? The answer is fairly straightforward: the progress of South Korea’s entertainment sectors centres around heavy governmental support, funding and infrastructural management. The government designed and implemented a multi-stage plan towards increasing the profile, impact and economic viability of its entertainment industries.

With the example set, it becomes all the more glaring that the Government of Kenya has turned its back on its own creative industry. The Korean problem of foreign influence is a Kenyan one; foreign acts are flown in and given top billing, foreign media houses dominate the telling of Kenyan stories, and the latest Marvel films always find themselves on movie-house posters. Ask yourself, when is the last time you saw a Kenyan-made film on an IMAX screen playing to a packed audience? The lines are there, but who are there to see?

The state of regulation and progress within the creative sector in Kenya reflects an acute failure of the state to implement the very policies it has outlined. One needs to look no further than the Kenyan Constitution of 2010 and the Vision 2030 Development Goals to find evidence of this.

With the example set, it becomes all the more glaring that the Government of Kenya has turned its back on its own creative industry. The Korean problem of foreign influence is a Kenyan one; foreign acts are flown in and given top billing, foreign media houses dominate the telling of Kenyan stories, and the latest Marvel films always find themselves on movie-house posters.

In Kenya, a nation that jailed poets and playwrights only two decades ago, the promotion of the creative arts is evolving too slowly. While the Constitution included the mandatory promotion of the arts and cultural sectors, it has taken close to a decade to pass legislation regarding these industries. The government itself has acknowledged these disconnects: the National Music Policy of 2015 states that the Government of Kenya has not adequately enacted policy relating to the creative sector, which in turn has promoted a disconnect in communication and stymied the potential for growth within the industry.

Addressing the state of the creative industries in Kenya, UNESCO contends that there is no facilitative policy framework regarding the creative sector. Or, more bluntly: talk is cheap. The Government of Kenya is definitely aware of the potential impact of growing these specialised industries; it just avoids enacting any meaningful regulation surrounding them. Take the film industry for example. While the talk has been big, there has been no sign of the promised public investment.

The creative sector has long been associated been with the employment of youth. The United Nations has released a series of reports contending that a key path towards combating youth unemployment is through the promotion of the creative industries. Unfortunately, it seems that the Government of Kenya is yet to take heed of creative-driven solutions. The country is currently mired with massive youth unemployment, with rates of over 20 per cent, dwarfing the levels of unemployed young people elsewhere in the East African region. It is clear that from an economic standpoint, the policies of industrialisation have long since proven themselves to be insufficient in terms of impacting the youth of Kenya in any sort of meaningful way.

One reason why the government is reluctant to promote the arts is because of its delicate sensibilities: it fears supporting creative minds that may turn out to be critical of it. This is evident across the archaic policies of the KFCB, the exodus of locally produced textiles for fashion, the lack of funding for the National Theatre, the government stake in Safaricom, which is currently facing a backlash for the low rates of compensation given to musicians streamed on its ring-back tunes application, Skiza.

On the basis of the examples given, the lessons to be learned from South Africa can only be to lean harder into criticism of the government. While this seems to be an oft-visited theme throughout the creative sectors in Kenya, the apartheid era of South Africa’s music industry remains a solid reminder: that there’s no point backing off if the government refuses to change.

This rings doubly true in cases such as that of Ezekiel Mutua, who seems hell-bent on smothering the Kenyan film, theatre and television industries to death through self-claimed piety. His crusade against homosexuality and what he describes as “immorality” must be viewed as a neocolonial one; its aim is to kill off grassroots Kenyan enterprising creative expression. The efforts against him should focus on his willful draining of the Kenyan economy’s untold economic and cultural potential.

The best long-term solution in Kenya’s case is a sort of middle-ground between the policies of localised emphasis of the 1970s and the government of South Korea in the 1980s and 1990s. Ideally, the Ministry of Sports, Culture and the Arts would be divided towards being specialized; the government would either put in or find real public and private funding for the arts and then actually implement and regulate the policies, such as the National Music Policy of 2015, which outlines a mandated quota for Kenyan-made content to make up 60 per cent of the music aired by the media within the country. They would enforce the regulations but let artists do their own thing as a private enterprise, as they know the ins and outs of the industry. When grievances arise, representatives from the creative sector would have a meaningful seat at the table to dialogue with the government. Unfortunately, none of these solutions are being sought.

This rings doubly true in cases such as that of Ezekiel Mutua, who seems hell-bent on smothering the Kenyan film, theatre and television industries to death through self-claimed piety. His crusade against homosexuality and what he describes as “immorality” must be viewed as a neocolonial one; its aim is to kill off grassroots Kenyan enterprising creative expression. The efforts against him should focus on his willful draining of the Kenyan economy’s untold economic and cultural potential.

The issue remains that while Kenya’s creative industry is at par with nearly any other in the region, the continent or the developing world in terms of potential, it is being systemically held back from reaching the heights of its peers. Both South Africa and Nigeria’s situations can be viewed as the regimes having stumbled into a goldmine of creative industry potential during brutal regimes, but in both cases there was at least an initial search for the vein (racist though South Africa’s was). In the case of South Korea, there was almost a resolute desperation to never return from whence they came. They were willing to try outside-the-box solutions to get there and to put their money where their mouth was. All three situations in 1979 stood on a precipice, and all three could have easily changed course into further crackdown or lack of interest and being left devoid of a cultural sector. Kenya’s creative sector situation is dire. This constraining of creativity must be viewed in the light that it is impeding Kenya’s progress in the opening decades of the new millennium.

The artistic industries in Kenya are currently at a crossroads. Though ideas, products and creativity coming from the country are only growing in terms of influence and quality, without support, all potential is destined to languish in obscurity. Seventeen years since the transition out of the Moi regime, there has been no golden age of the arts, no explosion of international influence and possibility. The talent is there; the infrastructure of community radio, self-starter production houses and subversive literary talent is pervasive in Kenya. However, the government is simply too afraid or too obtuse to put anything behind these efforts.

What will the economy of Kenya 40 years on into the future look like? As things stand, without the government at least trying something different, South Africa, Nigeria and South Korea will continue to lap Kenya, toasting to their home-grown billions of dollars and expanded economic influence. Will Kenya’s government officials continue to pretend to scratch their heads in search of “new solutions” when the answer is literally painting the picture before them?

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