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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
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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.

Politics

SportPesa: It’s Time for This Kleptocracy to End Kenya’s Billion Dollar Sport Betting Curse

In 2017, a poll of African millennials revealed that Kenya’s youth are the biggest gamblers on the African continent.

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SportPesa: It's Time for This Kleptocracy to End Kenya's Billion Dollar Sport Betting Curse
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Today, The Guardian publishes an investigation we have carried out with them into Kenya’s biggest betting company, SportPesa. With its name emblazoned on the shirts of Premier League club Everton FC and a Formula One racing team, SportPesa is Kenya’s most powerful gambling firm – operating in a sector that sucks $2bn from Kenyans every year.

Its shareholders include Bulgarian businessmen, one of whom, Guerassim Nikolov, has a background in casinos and about whom historic concerns were raised in the Bulgarian media, which he vehemently denies. Its corporate structure is opaque. Our reporter, Lionel Faull, worked with Bivol, the Bulgarian investigative website, and The Guardian, to examine the inner workings of SportPesa. That piece is here.

Lionel also dug into the effect the gambling epidemic is having on Kenya’s youth. Here he reports on how one student activist became a victim of gambling addiction but who is now spearheading a campaign to bring about meaningful regulation. The activist also wants to see there is proper treatment for the hundreds of thousands of young addicted Kenyans who need help after having been lured into betting away money they can ill afford to lose.

As part of their lucrative five-year deal with SportPesa, Everton played a pre-season match in Kenya this month

In 2017, a poll of African millennials revealed that Kenya’s youth are the biggest gamblers on the African continent.

A year later I prepared to travel to Nairobi to research a story about SportPesa. We at Finance Uncovered were interested in its stunning success. Founded and run by politically connected Bulgarian businessmen in Nairobi in 2014, it is now the biggest of Kenya’s mushrooming sports betting companies. And as we report with the Guardian today, so successful has it been exploiting the gambling craze in Kenya it has opened a European headquarters in the UK.

While investigating, I was struck by the almost total lack of any comprehensive data about the wider industry in Kenya and its millions of punters.

Sure, multiple news articles celebrated the rags-to-riches tales of jackpot winners, some of whom just as suddenly revert to rags. Others narrated horrifying individual anecdotes of gambling addiction, depression and suicide.

The gambling regulatory authority’s online presence amounted to a single sub-page of the interior ministry’s website and there was seemingly no organisation offering tailored counselling to problem gamblers.

It was as if a vast, silent vacuum had settled in the gaps between the sports betting billboards which peered down on Nairobi’s scurrying pedestrians.
Finally, someone referred me to a gambling awareness website which was run on a volunteer basis by Nelson Bwire, a 24-year old economics student at Kenyatta University.

“A way of life”

I took the highway north out of the city to Bwire’s campus, past the football stadium that had recently welcomed English side Hull City FC for a SportPesa-sponsored exhibition match against Kenya’s top club team, Gor Mahia.

As we strolled along the university’s shrub-lined walkways, Bwire told me how he became addicted to sports betting.

It was 2013 and he was fresh out of high school, hanging out with mates and killing time on PlayStation.

One of them boasted how he had won money on a football match and showed Bwire how he could send cash via the ubiquitous mobile money platform M-Pesa to a website called JustBet, the only online sports betting platform in Kenya at the time.

“On my very first bet I put in KShs200 (£1.50) and won KShs4,800 (£35),” Bwire recalls. “I bet on four teams to win. I’ll never forget them. It was Swansea, Stoke, Arsenal and West Brom.”

The win was both a blessing and a curse: “It got me thinking this could be a way of life. It was a good experience, it seemed like fun. You could watch your team playing, and actually earn money doing it.”

“You want to become rich, doing nothing. You want shortcuts in life, and that’s your shortcut.

“As I continued betting, everything increased. The amount of bets, the amount of money, the amount of time. With friends, on my phone, with the room-mates I was living with. Most of us used to bet.

“After about a year and a half, I began to realise that none of us had money because the money we had, it goes to betting.”

Bwire estimated that over the 18-month period he was an avid gambler, he spent around KShs100,000 (£750) on football bets. To put this spending in context, his annual course tuition fee in 2015 was between KShs100,000-120,000 (£750-£900).

“The money I was betting with came from previous wins, pocket money from my parents, and other side jobs I was doing,” he explained.

“Loan sharks”

By late 2015, Bwire recalled that many sports betting companies had burst onto the scene, including SportPesa, and were advertising “vigorously” across Kenya. They were also active in and around the university, handing out flyers on campus and in the neighbouring estates where students live.

“I started to read stories in the media about people committing suicide, people gambling their fees, their rent money. And you also see the kind of life that gambling is sucking out of you. You are waking up and all you are planning is to bet. Whatever winnings you have in your betting account, you don’t even consider taking it out. You use it to bet again. It reached the point that I just called it quits.”

He also noticed how gambling was taking over other students’ lives. “You would go into the computer labs to do some research, or finish an assignment, and you would see screen after screen where students were just browsing sports betting sites,” he said.

“Students were borrowing money from loan sharks at predatory interest rates to fund their habit, and handing over their laptops or their national identity cards as collateral.”

Problem gambling

In 2016 Bwire initiated a campus-wide survey to gauge the extent of gambling among his fellow students.

It found that half of male students and one-third of females surveyed bet more than once a week; and that nearly half of all respondents admitted to one or more signs of problem gambling behaviour. [see sidebar].

He later wrote a proposal to the university about how to tackle problem gambling on campus and launched a gambling awareness campaign working closely with student counsellors.

Nelson Bwire (second right) with fellow gambling addiction awareness activists and student counsellors, Kenyatta University, Nairobi, Kenya (July 2018).

“Gambling is not something that I would want to see banned. No, I don’t take that hard line. But I think people should be aware of the risks and take responsible decisions,” Bwire said.

Soon to be an economics graduate, Bwire mused: “Right now Africa is growing, yes. But gambling problems will suppress African growth. The capital flight of gambling winnings that are going from Kenya to other places, that money should be in people’s hands. It should be in entrepreneurs’ hands. It should be in students’ hands.”

Shifting ground

Exactly a year after speaking to Bwire, I took the same road out of Nairobi, past the same stadium preparing to host another SportPesa-sponsored exhibition match, this time featuring Everton FC.

A hundred and fifty kilometres beyond the capital, deep in the countryside, SportPesa’s blue-and-white branding is plastered all over humble general shops in small roadside villages.

While SportPesa is the biggest player in Kenya, there are several others such as Betin, Premier Bet, 1X Bet and the UK-based Betway, which sponsors West Ham United in the English Premier League.

Huge billboards for betting companies greet you as you drive into bigger towns.

The inside sports pages of the newspaper I bought are filled with betting adverts, giving the day’s odds on matches from minor leagues in faraway countries.

But, after half a decade making billions in a largely unregulated environment, the ground is shifting underneath the betting industry’s feet.

A Gaming Bill has been introduced to Parliament that would overhaul a regulatory framework that was originally drafted in 1966.

Fred Matiang’i, the interior minister with a bulldog reputation, has given betting companies a month to settle their tax bills.

Citing a statistic that half a million Kenyan youth have been blacklisted for borrowing money they cannot repay, debt which Matiang’i attributed mostly to the betting craze, he declared: “This is a sector we must regulate.”

Last week, Matiang’i made good his threat when the betting regulator suspended 27 betting firms’ operating licences – including SportPesa – for alleged non-payment of taxes.

Safaricom, the mobile phone company which processes most of the mobile money transactions used to bet, was ordered to withhold their services to the blacklisted companies, and punters were given 48 hours to withdraw their money from their betting e-wallets.

The directives are thought to affect the majority of Kenya’s 12-million betting account holders, interrupting the flow of an estimated $2bn annually from their pockets to the industry.

SportPesa and others have protested vehemently, publishing their most recent tax compliance certificates in the press. SportPesa also pointed to a court order it obtained allowing it to continue operating pending finalisation of a dispute over payment of a percentage of punters’ winnings in tax.

Responding to suggestions about the rise of problem gambling in Kenya, the company told The Guardian it was a socially responsible business that placed a priority on local sports and community work.

In the midst of this febrile atmosphere, I give Bwire a call to find out how he’s doing and what he thinks of the clampdown.

Bwire has now left Kenyatta University, his graduation ceremony is later this month.

He continues to run his gambling awareness campaign on a part-time voluntary basis, but since we last spoke, his ambitions have grown: he is now preparing for it to go national.

He has registered a company, the Gaming Awareness Society of Kenya, and held a series of meetings with the betting regulator, urging them to introduce a countrywide gambling awareness campaign programme.

Nelson Bwire [R], founder of the newly-registered Gaming Awareness Society of Kenya, with Oluoch Ngicho [C], chief gaming inspector with the Kenyan Betting Control and Licensing Board (BCLB), and a colleague (February 2019)

Nelson Bwire [R], founder of the newly-registered Gaming Awareness Society of Kenya, with Oluoch Ngicho [C], chief gaming inspector with the Kenyan Betting Control and Licensing Board (BCLB), and a colleague (February 2019)

He is also partnering with a UK software company, Betban, to offer betting website blocking technology to universities; and approached one of Kenya’s largest nationwide network of counselling centres to introduce gambling addiction counselling.

But he is sceptical of the regulator’s motives for the crackdown: “If they were doing this in good faith, you might see some gambling addiction centres, some clinics, even just a little awareness created … they are just doing that for the tax.”

Bwire is echoing other commentators who see the directives as a thinly-disguised tax shakedown targeting the industry on behalf of the Kenyan revenue authorities and treasury who are under pressure to close a widening fiscal gap.

At a traditional wedding last weekend, President Uhuru Kenyatta referred to the crackdown explicitly. He said: “The firms should stop threats that they will move to court. The government must get its share [of tax] to fund activities that are beneficial to this country.”

This may not impress SportPesa’s owners, one of whom – as we report with the Guardian today – has been a major financier and fundraiser for Kenyatta’s Jubilee party.

“Those in the betting companies are our friends,” Kenyatta reportedly said, “But we have to agree that the government must get its rightful share to build cultural centres and other developments.”

But Bwire believes taxation is not going to dampen the public appetite for gambling, because “addicted gamblers will still gamble”.

He challenges the government to take a holistic approach, including addiction awareness and counselling.

“In this game of betting, they can’t only be a referee. People get injured in this game, and so there needs to be awareness about that, and doctors available too.”

Last year a new government body was set up, the Sports, Arts and Social Development Fund, to oversee the allocation of taxes specifically raised from betting.

Gambling taxes have reportedly already swelled the fund to around Shs15bn (more than £100m). By law, this money must be allocated to national sports teams, cultural facilities and the government’s universal healthcare pledges, as well as to unspecified “government strategic interventions”.

The fund took months to become operational due to political wrangling over who would control it.

In a country that many have argued is a kleptocracy, it remains to be seen whether any additional tax the government squeezes from the betting companies will fund gambling addiction awareness or rehabilitation – or instead disappears down the Nairobi drain.

Student gambling

In 2016, a few years after Kenya’s largely unregulated mobile phone-enabled sports betting craze took off, Bwire and his fellow students produced the first dedicated survey of betting among the youth.

They polled 373 students at Kenyatta University, roughly 0.5% of the university student population (78,000).

Although the sample size was relatively small, in the absence of comprehensive data about Kenya’s betting craze, it represents an important contribution to the public’s understanding of its prevalence.

Some key findings were:

* Nearly half of all respondents admitted to one or more signs of being at risk of problem gambling behaviour:
– 50% said they needed to gamble with increasing amounts of money;
– 30% said they were preoccupied with betting;
– 20% said they gambled the day after a loss in order to recoup it;
– 20% reported making repeated unsuccessful efforts to stop, or cut back, on gambling; and
– 3% said they had committed an illegal act to finance gambling.

* Most respondents said they started gambling aged 18-19.

* 68% of male respondents and 47% females said they gambled weekly, or more than once a week

* 7% of male respondents & 2% of females reported gambling daily

* Two-thirds of respondents spend up to KShs1,000 (£7.50) per month, one-quarter said they spend up to KShs5,000 (£40); and 5% of respondents said they spent more than KShs5,000 on gambling per month.

* 72% of all respondents saw gambling/betting as a way to make money; 40% said they saw it as a source of fun.

* 70% of respondents had gambled in the preceding year.

Read the report here.

These statistics broadly mirrored the headline findings of an often-quoted 2017 survey by GeoPoll on the leisure and spending habits of sub-Saharan African youth, which found that 76% of Kenyan respondents – the highest in the continent — had tried gambling.

Kenyans also spent the most money, about $50 (£40) monthly, mostly on football bets. The majority placed a bet once a week.

 

This is article was first published by Finance Uncovered.

* Edited by Ted Jeory and Nick Mathiason

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Wildlife Conservancies or Sanctioned Land Grabs? The Simmering Crisis in Northern Kenya  

Proponents of wildlife conservancies in Northern Kenya argue that they provide a win-win situation for both conservation and pastoralist communities. However, the current push to establish more conservancies in the region may backfire and lead to more conflict.

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Wildlife Conservancies or Sanctioned Land Grabs? The Simmering Crisis in Northern Kenya
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Kenya’s Vision 2030, which identified Isiolo as a strategic location in the hydrocarbon economy of the region, combined with the 2010 Constitution, which led to the devolution of power and resources, have thrust Isiolo County, a once sleepy and neglected former garrison town, into the El Dorado of Kenya’s future development.

However, Isiolo’s potential, if not judiciously managed, could turn the county into the future axis of natural resource-based conflict, especially in the large-scale irregularly acquired land by private corporations and individuals under the guise of community wildlife conservation. The consequences of what happens in Isiolo will likely spill over into other parts of Northern Kenya and Northern Rift Valley.

Like other parts of Northern Kenya, Isiolo lagged behind the rest of the country in economic development because of the government’s economic planning policies contained in Sessional Paper No 10 of 1965 “African Socialism and its Application to Planning in Kenya”, which created a dichotomy between low and high potential areas of the country. The reasoning was that the former would benefit from the trickle-down effect of the government’s investment in the latter. Isiolo was considered a low potential area, and thus received limited government investment. The community’s livelihood was based around livestock, which successive post-independence administrations considered economically unviable and antiquated compared to agriculture. This meant that the region received limited state support.

Parallel to limited investment, the post-colonial state continued with the colonial government’s policy of mediating its relations with Isiolo and the broader North Eastern region through the lens of security. If the British colonial administration used Northern Kenya and Isiolo as a buffer zone against Italians who were attempting to colonise Ethiopia and the French who were colonising Djibouti, the post-colonial state viewed Isiolo as a place where demands for secession, banditry and cattle rustling were rampant. This has made Isiolo one of the few counties with the most military schools and military barracks in the country. The military is also one of the largest landowners in Isiolo.

Like other parts of Northern Kenya, Isiolo lagged behind the rest of the country in economic development because of the government’s economic planning policies contained in Sessional Paper No 10 of 1965, which created a dichotomy between low and high potential areas of the country.

Vision 2030, Kenya’s development plan for making Kenya a middle-income country (MIC) by 2030, is perhaps the closest the state came to rectifying the problems created by Sessional Paper No. 10 of 1965. Vision 2030’s economic pillar aims to achieve an average economic growth rate of 10 per cent per annum and sustaining the same until 2030. If the core of Sessional Paper No 10 is centralised planning, thus creating a center and a periphery, Vision 2030 calls for decentralisation, thus blurring the distinction between peripheries and the centre. In fact, it aims to turn previously marginalised areas like Isiolo into centres of development.

Some of the major Vision 2030 projects of the economic pillar are either based in Isiolo or pass through the county. These projects include 6,500 acres of land at Kipsing Gap, which is about 20 kilometres west of Isiolo town and sandwiched between Katim and OlDonyoDegishi Hill, where a multi-billion shilling resort city will be based. Parts of the LAPSSET pipeline passes through the county, and the town is also where the Isiolo International Airport has been built. These projects are at different stages of being implemented.

When they finally take off, these projects will undoubtedly spur positive economic growth and improve peoples’ lives. Attention generated by these projects has also attracted “entrepreneurs” of all stripes with land as their primary key resource. Excision of huge chunks of land pose an existential threat to the pastoralist communities’ primary source of livelihood, which is already buffeted by multiple challenges, including climate change, agro-pastoralist conflict, and the ever-decreasing water and pasture because of demographic pressures.

One of the big players in land excision debates are the private wildlife conservancies. The entity behind wildlife conservancies is the Northern Rangeland Trust (NRT), which manages 39 conservancies that cover an area of 42,000 square kilometers across the country, mostly in Northern and coastal Kenya.

In the media and in policy circles, the discourse on wildlife conservation and pastoralism is always cast in Manichean terms: wildlife conservancy is “good” and pastoralism is “bad”. This was evident during the Laikipia conflict in 2017 that pitted the mostly Samburu and Pokot herders against mostly white, private ranchers (popularly known as Kenyan Cowboys or KCs).

During the conflict, the government and in turn the media described the pastoralists as “barbarians at the gate of civilization”, who only understand the language of brute force. As a result, the killing of livestock – the pastoralists’ livelihood – by the security agencies elicited less sympathy than the killing of wildlife killed by the pastoralists, sometimes in self defence.

In the media and in policy circles, the discourse on wildlife conservation and pastoralism is always cast in Manichean terms: wildlife conservancy is “good” and pastoralism is “bad”.

Since tourism earns Kenya huge amounts of foreign exchange, it tends to be privileged over human life and pastoralists’ livelihoods.  For instance, during the 2017 clash involving pastoralists and wildlife conservancies in Laikipia, over 300 cattle were killed by the security agencies, and this act did not generate any condemnation.

Collective destruction of the pastoralist economy has historical precedent: The Truth, Justice and Reconciliation Commission found that the Kenyan army killed and confiscated livestock belonging to civilians in Northern Kenya. The shooting, especially of camels, was a particular strategy employed by the army as it was believed that camels were used by the Shifta to transport guns and other supplies. The Commission also revealed that it was common for soldiers and government officers to invade villages and confiscate cattle, sheep, camels and goats. The owners of such livestock were never told what happened to their livestock, nor were they ever compensated for their losses.

But the discovery of natural resources has suddenly changed the state’s engagement calculus with Northern Kenya, with the government making a beeline for the region, as demonstrated in the expansion of some of the often-neglected infrastructure. There is a sense that being among the least populated region, and being strategically close to the key borders of Somalia, Ethiopia and Sudan, the North has plenty of “free” land to be exploited.

But this courtship is anchored on a deterministic and reductionist single narrative: the free market. There is a belief that if the markets are opened in the region, all its problems will go away.

This narrative is problematic.  First, it assumes that the moment the region is linked to other parts of Kenya, it will automatically “develop”. Second, the creation of Northern Kenya in the image of the rest of Kenya at the very minimum denies the people the agency to determine what development means to them. Third, we need to be circumspect regarding the pervasive business language that assumes that the problem with public services is inefficiency and that technology is the answer. This techno fallacy and big data syndrome dehistoricises and decontextualises problems, and is ultimately bound to fail. Fourth, the market, while it can be efficient in allocating economic goods and services, is terrible as the arbiter of social services. Unleashing market forces onto the region will destroy the collective social fabric that has held these people together even in bad times.

Often unaccounted for in this framing is the pastoralist communities of Northern Kenya, which have been trading amongst themselves and with their counterparts across all the borders without government support. The mutually reinforcing twin issues of insecurity and a fragile ecosystem have engendered the communities’ remarkably innovative resilience instincts.

If everything around pastoralism is not securitised, pastoralists are infantilised. In the current wildlife private conservation paradigm – underwritten by well-heeled intergenerational wildlife conservation untouchable “royals” and marketed by a well-choreographed sleek PR machine – pastoralist communities who have lived in harmony with wildlife for generations are only used as worn-out tropes of the Messiah Complex. Kuki Gallmann, whose life is immortalised in the movie I Dreamed of Africa is cast as a noble White Saviour, keeping the wildlife and pastoralists safe.

Northern Rangeland Trust and the Lewa model

Isiolo has three national game reserves: the Shaba Game Reserve (256 square kilometres), Buffalo Springs (131 square kilometres) and BisanAdi (150 square kilometres). All of these areas block or restrict human habitation and grazing. On top of the game reserves, there are a number of conservancies in Isiolo: Biliqo-Bulesa, which covers 3784.82 square kilometres and was established in 2007, Nakuprat-Gotu, which was established in 2011 and covers a total area of 719.92 square kilometres, Leparua which was established in 2011 and covers a total area of 328.35 square kilometres, and Nasuulu which was established in 2011 and covers 346.01 square kilometres. These are significant chunks of land being administered by a corporation.

If everything around pastoralism is not securitised, pastoralists are infantilised. In the current wildlife private conservation paradigm, pastoralist communities who have lived in harmony with wildlife for generations are only used as worn-out tropes of the Messiah Complex.

According to NRT, conservancies are community-led wildlife conservation initiatives that provide a win-win situation for wildlife conservation and for pastoralists. The lack of transparency and adequate information regarding the manner in which these conservancies are established and managed adds to the anxiety of pastoralist communities. Pastoralists in the area have been victims of various land grabs in the past and therefore view conservancies as a Trojan horse that will lead to further annexation of their pastoral rangelands.

Lewa conservancy, which covers 62,000 acres and is a home to a wide variety of wildlife, including rare and endangered black rhinos, zebras and Sitatungas, as well as the “Big Five” wildlife animals.  Lewa’s value addition is held up as an aspirational model for other private wildlife conservancies.

However, the use of Lewa as a model for the future of Isiolo misses the dynamics inside Isiolo and for that matter elsewhere in the North. Laikipia County, where Lewa is located, doesn’t have nearly as many pastoralists as Isiolo does, which made the excision of such a huge tract of land possible. Additionally, the pastoral communities in Isiolo are diverse. Also not discussed when holding Lewa as a model is the failure of efforts at replicating Lewa inside Laikipia. For instance, establishment of a conservancy in OldoNyiro led to the community losing their land, forcing them to graze their livestock by the roadside because all the land has been fenced off.

Pastoralists in the area have been victims of various land grabs in the past and therefore view conservancies as a Trojan horse that will lead to further annexation of their pastoral rangelands.

At the heart of the establishment of the conservancies is the argument of return on investment: having “community” wildlife conservancies will allow pastoralists to have a stable income. But there is no conservancy that can guarantee the pastoralist the same kind of return that they can get from their livestock.

NRT has ambitions of establishing conservancies not just in Isiolo but across the Northern region. They already have some conservancies in Samburu County and plans are at an advanced stage to establish more conservancies in Marsabit County.

Devolution of power and resources to the county was designed as an antidote to centralised decision-making in Nairobi, which resulted in unbalanced and unequal economic development. What the framers of the constitution did not envisage, however, was the quality of representation that will shepherd devolution at the county level. The disparity between counties with good leaders and those with poor leaders is well documented.

But Isiolo’s land grab did not happen in a vacuum; it has been facilitated by poor leadership. The establishment of wildlife conservancies in Isiolo is a shot across the bow for other counties, such as Marsabit County. If they are not stopped, we could be walking into land-related conflicts with our eyes wide open.

The large-scale land grab in Isiolo by NRT will adversely impact the pastoralists’ livelihood, and generate new conflicts in an area blighted by incessant conflict. This will erode the potential Isiolo would have gained from devolution, Vision 2030 and its proximity to Ethiopia, which has the potential to increase cross-border trade.

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Building Bridges or Walls? BBI Charades Masquerading as ‘Public Consultations’

AKOKO AKECH examines whether the “handshake” between opposition leader Raila Odinga and President Uhuru Kenyatta, which resulted in the Building Bridges Initiative (BBI), is truly a people-driven participatory process or merely a tool for the Kenyan political elite to consolidate their power.

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It finally docked on our shores, the shores of the Nam Lolwe, on the 6th of June 2019. Unlike the old steamer, MV Alestes, it blew no loud horn to announce its arrival at the port of Kisumu to tell all within the vicinity to steer clear of the waterway and berth. Rather, it glided smoothly into Kisumu City at the end of a financial year, when government departments hurry to close the books. It creeped up on the residents of the city, stealthily like a crocodile. The 35th of the expected 47 Building Bridges Initiative (BBI) “public consultation” meetings was upon us.

“I got a call from the County Commissioners about a month ago. Something like this cannot be done through an open invitation. The whole of Kisumu would have been here,” said a young man with a chuckle, his face beaming with mischief, the smirk of someone proud of his high connections and who had been let into a well-kept siri-kali. We were queuing for tea and snacks at the Acacia hotel, Kisumu’s high-end hotel where the BBI commissioners were holding a “consultation” meeting on how to build a new Kenya.

I, too, would have missed the meeting, had I not seen in good time a WhatsApp message from a friend who’s a Kisumu government insider. The message had been sent in the wee hours of the morning that Thursday. In keeping with the rising personality cults of Kenya’s county governors, and their penchant for frivolous publicity, the e-invitation card I got bore Professor Anyang’ Nyongo’s picture, smiling, donning a white shirt and a red necktie, and holding a jacket flung over his left shoulder, held tenderly by his index finger. Warwakou duto! (All are welcome!), said the e-card.

As we sat down for tea and snacks, a clergyman wearing a white flowing robe and a red scalp cap (signifying his high position in the one of the many African-instituted Christian churches in Western Kenya) said, “I wouldn’t have known who sent me the money. I got am M-Pesa transfer of 2,028 shillings from a Samuel Otieno but I couldn’t tell who that is until the lady spoke.”

That lady he was referring to was an amiable and handsome woman dressed in a white, loose-fitting linen suit who had spoken towards the end of the meeting, shortly before the closing prayer – the ubiquitous Christian prayer that has become mandatory at public events, which always reminds one that many Kenyans, especially state and public officers, are yet to come to terms with the 2010 Constitution of Kenya, even with the shortest of its articles, Article 8, that states that “there shall be no State religion”. She told the officially invited participants that “if you check your phones, M-pesa imeingia [the Sh2000 transport refund] plus Sh28 ya kuitoa. Usikuje kama ulikua na Fuliza, the money has been chewed.”

The BBI task force is run like a tight deep state ship. But there is nothing transparent or charming about its process of public consultations. Unlike the recent commissions, whose meetings and deliberations were widely publicised, the BBI meetings are carefully and secretly organised, and their deliberations are hardly made public through the radio or the daily newspapers.

BBI has neither a known physical address nor a web page. Nor an expressly parliament-sanctioned legal existence and a budget line. It has an email address only. It works mostly as a sad reminder that despite its enormous constitutional powers, the Kenyan Parliament is yet to exercise effective control over the Office of the President, especially over the conduct of the provincial administration in midwifing political transitions such as the BBI and its latest women-only “popular movement” wing, Team Embrace.

The BBI task force is run like a tight deep state ship…The BBI meetings are carefully and secretly organised, and their deliberations are hardly made public through the radio or the daily newspapers.

Although the activities of the BBI have largely escaped or studiously evaded public scrutiny, the Kisumu event gives us a glimpse into how it works. Its consultative forum was surreal. It had a creepy feeling of an odd combination of a typical District Commissioner-organised public holiday event – with all its attendant display of anxieties over the security of the VIP and crowd control – and a typical NGO seminar at a five-star hotel, but with neither the benefits of a skilled moderator nor an appropriate teaching methodology of getting the best out of the competing and conflicting views of the representative of the various groups present at the meeting.

It was an eerily odd public event. Like a typical District or Provincial Commissioner-organised event, it drew in government officials and civil servants, including the starched khaki, big silver button, crimson red epaulets, and stick-wielding types, such as high-ranking police officers and provincial administrators, who patrolled the corridors of the hotel. While the presence of baton-wielding Administration Police officers at an open-field public event, in jungle-green camouflage uniforms, standing strategically in front of a crowd of spectators, and policing the imaginary wall between the seated and sheltered elite and the sweating crowd conveyed a sense of security and control, the conspicuous presence of the AP officers armed with the G-3 rifles or AK-47 rifles sent a chill down one’s spine. It evoked anxiety and fear rather than security and safety, which were amplified by the antics of an order-obsessed deputy county commander who wore a chocolate brown suit and stood like a sentry at the entrance of the second door to the conference room, alternately keeping an eye on the goings-on along the corridor and in the conference room.

Although the activities of the BBI have largely escaped or studiously evaded public scrutiny, the Kisumu event gives us a glimpse into how it works. Its consultative forum was surreal. It had a creepy feeling of an odd combination of a typical District Commissioner-organised public holiday event…and a typical NGO seminar at a five-star hotel…

Unlike a typical NGO forum, there were has no hand-written sign up sheets; the organisers simply ticked off the names of the participants on a printed list of invited participants, each sheet bearing the names of only the invited participants from each of the sub-counties of Kisumu County. Luckily, the uninvited (those not vetted by the Provincial Administration) could also walk into the meeting and listen to the proceeding, without signing up.

But like a typical NGO or government event, the meeting was adorned with big banners, which, despite promising dialogue or debate, served more to mark the boundary between the powerful commissioners’ high table and the jam-packed seminar room than to remind the commissioners of their vision and mission. Pleasantly, a female Kenyan sign language interpreter was hard at work, diligently translating the proceedings of the meeting.

The commissioners took turns to frame the problem, to ask questions, and to offer solutions and ways-forward, slicing up their audience into several categories: geographical, generational, gender, political, minority, and disability, soliciting from each participant, a solution for the evils bedeviling Kenya but barely giving the participants a chance to compose their thoughts or debate many contentious views vying for attention.

Nearly all the participants – except the governor, a Member of Parliament (Oduma Awour) and a former Member of Parliament (Prof Ayiecho Olweny) – were given less than three minutes to talk about items on the 9-item agenda, which prompted Father Samuel of the Catholic Peace and Justice Commission to say, “If the we want BBI to succeed, we need to allow people to freely express themselves, not shut down.” But the Commission did not heed to his plea. “We know what has happened, we need the solution. This is not the right forum for venting,” Prof. Oloo Adams responded curtly.

Except for Dr Florence Omosa’s very brief experiment with the Socratic approach, which questioned, teased out the inconsistencies and tested the appropriateness of a solutions offered by the participants, most of the commissioners found a ready-made formula for the classification of problems bedeviling Kenya by categorising them into neat labels: gender, age, geography, and social exclusion (including disability). Their idea of “participation” was to have a member from each category speak about their issues, as if the problem facing them was defined purely by their gender, age, geographical location, or level of social exclusion. Diversity, when in the hands of the securocrats and the commissioners, was reduced to a convenient tool of bureaucracy, generating more controversies than debate.

In a welcome break with the previous briskly sessions, Dr Omosa intoned politely and firmly, “Why do we fight during elections? We don’t trust each other, what should we do so that life goes on? What must happen so that we don’t have so many baby Pendos? Give me specific recommendations.”

Their idea of “participation” was to have a member from each category speak about their issues, as if the problem facing them was defined purely by their gender, age, geographical location, or level of social exclusion.

Not satisfied with the quick, not-well-thought-out responses, Dr Omosa observed, “I know, it’s not meant to be a dialogue, but I must ask you, how can the elders be the solution [to divisive elections], yet they champion exclusive ethnic leadership?” She was responding to a participant’s suggestion that a greater role for community elders in the management of elections is the solution to the tensions Kenyans experience in general elections. “Disband the IEBC [Independent Electoral and Boundaries Commission],” opined another participant.

Instead of a facilitating dialogue and debate, the meeting became a forum for contentious hard line views: “Kenya should go for a parliamentary system of government,” said one participant. “The constitution of Kenya has turned Kenya into a killing field,” asserted another. “Bring back the death sentence; let the murderers be locked without bail.” “Arrest and lock up the corrupt without bail,” Prof. Ayiecho Olweny, a former Member of Parliament, pleaded passionately. “We want “Luo kit gi Timbegi” brought back to in our curriculum,” said one participant. “Send the children back home to learn Dholuo,” said another. Ms Grace Jowi Jobita from Muhoroni, paraphrasing the Bible, stated, “If it is your eye that’s causing you a problem, my first recommendation is, let them be castrated, second, let them be castrated, and third, let them be castrated.”

There was also a call to “review the social ethics and education curriculum” in order to address the dearth of ethics among Kenyan youth and the rising cases of violence against women, including rampant cases of rape and defilement. “Amend the Chief’s Act. Our society is yearning for the past order, and is uncomfortable with the recent changes,” said retired Paramount Chief Paul Odero.

Mr Mathews Owili, the Kisumu County’s deputy governor, concurred with Prof Anyang’ Nyong’o that Kenya needs a parliamentary system of government, but also asked, “If the Prime Minister can be compelled by law to form a government that reflects the face of Kenya, can the Prime Minister be compelled to treat all Kenyans as equals?”

Struck by the repeated demands for more laws that would ensure diversity in public appointments, especially at the top levels of Kenya’s state power, Senator Amos Wako, the former long-serving Attorney General, pointed out, “The law already provides for that…the constitution makes reference to the face of Kenya in more than 22 Articles. What I want is, how can we ensure that the law, the constitution is respected by whomever?”

“The problem may not be Chapter Six [on leadership and integrity], but the law to enable, enforce the chapter. Perhaps the law enacted to enable this chapter does not reflect the letter and the spirit of the constitution of Kenya, 2010,” added Senator Wako.

However, BBI commissioners stuck to their nine-point agenda, briskly running through each item on their tick-off list, even when the more discerning participants, such as Senator Amos Wako, sensed that the problem might not be more laws, as some were suggesting, but a more complicated political process i.e. the lack of good laws and constitutionalism.

Anxious that this meeting might not yield much, Sheikh Masoud pointed out that “Kikao bila matunda ni ufisadi,” cautioning both the commissioners and the participants at the meeting that if the BBI initiative, like past initiatives such as the Truth Justice and Reconciliation Commission (TJRC), yields nothing, then the participants at BBI public consultation meetings would be complicit in yet another act of corruption.

The TJRC report is silent on or whitewashes some critical aspects of Kenya’s evil past. For example, Volume 11 of the TJRC report airbrushes the 1969 Kisumu massacre out of Kenya’s register of post-independence political massacres. The BBI too looks like yet another lost opportunity to revisit Kenya’s evil past and exorcise the ghosts that haunt Kenya’s post-independence politics.

Sheikh Masoud pointed out that “Kikao bila matunda ni ufisadi,” cautioning both the commissioners and the participants at the meeting that if the BBI initiative…yields nothing, then the participants at BBI public consultation meetings would be complicit in yet another act of corruption.

The BBI’s is a lost cause because it embodies the worst carry-overs from the undemocratic provincial administration’s coercive and manipulative tendencies while pretending to promote progressive and inclusive practices. The BBI seems yet another lost opportunity because the elite have set its course, and are championing narrow, selfish and convenient political causes that hardly go deep enough into the roots of the knotty questions of justice many Kenyans yearn for, and which were not given a fair hearing at the Kisumu forum.

Boniface Akach, a Kondele-based front-line human rights activist, who only learnt of the BBI meeting accidentally while attending a “solidarity” meeting at the same hotel, wrote the following on his Facebook account: “The on-going public participation exercise by BBI is a mockery, a waste of public resources and a rubber-stamping exercise. How can such a public exercise be taken to the Acacia Hotel, a five-star rated hotel, despite other more conducive and accessible spaces being available? The invite-only event is so restricted, with NIS and Police all over. The mobilisation across sub-counties is so well designed apart from Kisumu Central (wajuaji). Mobilisation was strictly done by the Kisumu County Commissioner. But we are not surprised, we all know that the aim the referendum is meant to settle scores as it creates opportunity for recycled, rejected political friends.”

Perhaps, as Akach points out, the perfunctory public consultation meetings, like the one held in Kisumu County, are merely an alibi for a pre-determined political course and cause. In Kisumu, there was a clear divide between the demands made by the ODM elite, on the one hand, and popular demands by the people of Kisumu County, on the other.

According to Kisumu County Governor Prof. Anyang’ Nyong’o and the ODM branch leaders, what’s at stake is a referendum to turn Kenya into a proper parliamentary system of government. However, to others, it’s the unfinished business of political violence and justice for the victims of political violence.

“We want inclusivity in compensation. We lost lives in 2007 and again in 2017. Some people were compensated, but not people from this region. We need inclusive compensation for people like baby Pendo,” said Victor Nyasaya. A representative of the National IDP network also expressed a similar concern. “The 2007 IDPs in Kisumu were paid only three thousand shillings, unlike those from Nakuru who were paid ten thousand shillings,” he lamented.

In many ways, the BBI “consultation” made a mockery of the constitution-sanctioned idea of public participation, a realisation that was not lost on many of the participants attending the Kisumu forum. It was a charade. Melania Jackie, representing the youth, lamented, “We were are not involved in the process of formulating public policies. Not the Universal Health Care, not the Huduma Number, we were only given deadlines. No civic education. We don’t have a youth on the BBI high table, even a token of representation.

“Na tuna ambiwa hii sio baraza,” Mitchelle Otieno lamented on Facebook, adding that “the BBI team ought to have held the meeting in Kondele and not Acacia hotel. We lost lives in Kondele, Nyalenda, Manyatta, and not Acacia.”

In many ways, the BBI “consultation” made a mockery of the constitution-sanctioned idea of public participation, a realisation that was not lost on many of the participants attending the Kisumu forum.

Orengo Ben Wamaya, who represented Bunge la Mwananchi at the meeting, thundered, “Public participation is never done in a five-star hotel.”

If the TJRC report offers the residents of Kisumu an official amnesia for the 1969 massacre in exchange for the recognition of the years of economic marginalisation which followed it, then what will the BBI report yield? Will it offer restorative justice or compensations for lost life, limb and property to the recent victims of political violence? Who will foot the bill? The perpetrators and the principal beneficiaries of political violence now occupying high offices or the Kenyan taxpayers yet again? Will it be sufficient and equitable? Will there be yet another opportunity for a trade-off between some measures of restorative justice and political support for a new political coalition, like the Uhuruto 2013 bargain? Will it offer retributive justice? Will it recommend memorialisation of the victims of past political evils or yet again endorse a tacit collective amnesia and unofficial amnesty for the perpetrators and principal beneficiaries of the past political evils?

Who decides?

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