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THE TRUMP PHENOMENON IS REAL: How the Counterculture Inspired Trumpism

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“If democracy is someday to regain control of capitalism, it must start by recognising that the concrete institutions in which democracy and capitalism are embodied need to be reinvented again and again.” (Piketty 2014: 570).

During the run-up to the US elections in November, a number of my African colleagues and friends told me that Trump would win the presidency. Several even opined that something good would come out of it in the end. Experience has taught me to treat such counterintuitive observations with a degree of cautious respect. But this particular appraisal was a tricky proposition.

Trump ran more on outrage with the status quo, homespun economic nationalism, and anti-Hillary sentiment than workable policies for reversing the domestic malaise framing his rude political rhetoric. The Tea Party crowd flocked to Trump’s campaign, presenting Trump with the kind of political stage suited to his unconventional and often reptilian behaviour. The national media feasted on Trump’s antics and divisive positions, but the condescending coverage of the campaign of a candidate who started out as an outlier also camouflaged the more clinical aspects of his strategy to defeat Hillary Clinton.

The poll numbers and sophisticated data analyses dismissed the likelihood of a Trump victory. But then the same electorate who twice elected Obama by sizeable majorities propelled his polar opposite into the White House.

For the many millions of Americans and others around the world distressed by the Trump campaign, the implications of his electoral-college victory was like waking up to a collective nightmare. Most of my friends, family and colleagues were stunned. Anger and agitation quickly replaced the shock. Obama’s bleak reaction, “Well, it’s not the Apocalypse,” offered little comfort.

This added up to a lot to think about as I made my way back to the US for the first time since 2004, arriving in the country two days after Trump’s inauguration. I was told to expect massive changes. My destination was Salt Lake City, the capital of Utah, socially the most conservative of the red states of the American West.

Exposure to racist theology like that of the Church of Latter Day Saints was a primary motivator for the black power salute at the 1968 Olympics in Mexico. Tommy Smith won the 200 metres in world record time followed by John Carlos in third place. The medallists mounted the podium barefoot, to symbolise the poverty of their African-American community, and raised black-gloved fists in defiance during the raising of the American flag. The protest triggered an explosion of institutional indignation and recriminations portraying Smith and Carlos as Nazis and traitors

For decades, many Americans considered the Mormon-dominated state to be a quasi-theocratic no-go zone with a unique past that set Utah apart from other ultra-conservative Western states like Wyoming, Idaho, Montana, and the Dakotas.

During my two previous trips I had found a large and variegated landscape of rangeland, desert, and mountains, with a large inland sea thrown in to boot. I found many similarities between Utah and Marsabit and the Lake Turkana region, including its traditional spatial and social separation from the rest of the country.

Mormons fleeing religious persecution in the East settled in Utah at a time when almost everyone else was heading to California. The Territory of Utah was officially recognised in 1851. It was the only Western state to allow slavery, and attempted to secede from the Union shortly afterwards. Washington was compelled to send in the army. Brigham Young, who had succeeded the religion’s founder, Joseph Smith, capitulated, but with the promise that the government would grant the Mormons autonomy to live according to their religion. The Church of Latter Day Saints has dominated the state’s economy and government ever since.

The Book of Mormon stated that the indigenous peoples the white settlers found in their new home originally came from the Middle East, but had divided into two antagonistic groups. The “Lamanites” were idolaters revealed to have extinguished a population of “Nephrite” Hebrews who had migrated to the New World several hundred years before the coming of Christ. Mormon scripture saw dark skin as a curse from God for wickedness, but otherwise taught that peoples of colour who converted and abandoned their culture would become white over time.

Exposure to this racist theology was a primary motivator for the black power salute at the 1968 Olympics in Mexico. Tommy Smith won the 200 metres in world record time followed by John Carlos in third place. The medallists mounted the podium barefoot, to symbolise the poverty of their African-American community, and raised black-gloved fists in defiance during the raising of the American flag. The protest triggered an explosion of institutional indignation and recriminations portraying Smith and Carlos as Nazis and traitors. The firestorm also curtailed the running career of the Australian silver medallist who in solidarity wore the same human rights badge pinned to the Americans’ jerseys.

It was a radicalising moment: I compiled a comprehensive report of the protest and the conditions leading up to it for a high school project. The racism of the church of Latter Day Saints added to my impressions of the state based on the gruesome fate of the Westward-bound Donner party caravan and the numerous massacres of the local Amerindian communities during the early days of the territory. Many of us growing up at that time saw Utah as the American equivalent of Albania or North Korea.

The Civil Rights movement had already done most of the heavy lifting. This in turn provided a platform for the anti-war movement. Before long, what began as a political movement for peace and racial inclusion coalesced into a much broader social upheaval

Utah has evolved during the intervening decades. The US government has resettled refugees of diverse backgrounds in the state. Salt Lake City’s industry-friendly environment also attracted the tech companies relocating from California, bringing the formerly isolated state into the American mainstream over the past two decades. Readily available jobs, a reasonable cost of living, and a network of Kenyan friends and family already established in the former no-go zone attracted several of my kids to Salt Lake City.

The growing cultural diversity has not altered the state’s bedrock conservatism. Mitt Romney and George Bush Jr still received a phenomenal 72 per cent of Utah’s vote in 2012 and 2008. Although Donald Trump’s tally did not reach these heights in 2016, the sum of these factors designated this most red of states an appropriate re-entry point for my tour of Trump’s America.

Steve Bannon, the Breitbart News executive who became one of the key architects of the Trump campaign, declared that if you want to change politics you have to change culture first. There was the angst on the surface and uncertainty lurking underneath, but was the Republican clean sweep of White House, the Senate, and House of representatives really a marker of far-reaching culture change?

THE COUNTERCULTURAL ROOTS OF THE TRUMP PRESIDENCY

Bannon clearly arrived at his change-the-culture thesis by observing the counterculture that emerged while my generation came of age, a phenomenon that reshaped American society and politics along the way.

The post-World War II period was an era of unprecedented prosperity, middle-class growth and technological progress for the USA. Politics was something that our parents followed as it came around in four-year cycles. America was a truly great place to grow up, as long as you could keep the fear of nuclear Armageddon, and other industrial-scale threats, at a safe distance.

For the young Americans growing up in customisable bubbles coloured by the scientific advances underpinning the futuristic orientation of American society, that was harder to do as the 1960s wore on. The raised fists in Mexico City — along with other radicalising events like the Vietnam war, the violent suppression of the Yippie protests at the Chicago Democratic Convention, and the river in Cleveland that actually caught fire and burnt for 17 days — confirmed my own doubts about how wonderful everything was or was supposed to be.

The Civil Rights movement had already done most of the heavy lifting. This in turn provided a platform for the anti-war movement. Before long, what began as a political movement for peace and racial inclusion coalesced into a much broader social upheaval. The country entered a state of agitation sustained by an expanding range of worthy causes from the conditions of migrant farm workers to rampant industrial pollution. Much of the conflict was generational, and reflected a polarising explosion of new memes, pheromones, and mind-altering visions.

As the awakening and the activism of the Vietnam era ran its course, American conservatives felt increasingly isolated. Not only had their values been shunted aside, the country’s conservative hard core saw the reforms and new liberalism as a direct threat to the sources of their wealth. Conservative partisans like Steve Bannon may have missed the party, but they were taking notes

The sentiment at the time was that only a far-reaching cultural reorientation could triumph against the entrenched political order and the military-industrial complex controlling it. The mix of hot politics and cool culture was always more about challenging the conventional assumptions underpinning American exceptionalism than the political revolution advocated by the far-left fringe.

Waves of new music, innovative lifestyles, radical role models, and more mundane concerns like promoting healthy dietary choices rocked the national status quo. People started searching for alternatives to the mindless consumption of the planet’s limited resources. Tabs, buttons, and mushrooms opened up new internal vistas that encouraged interest in ancient cultures and their spiritual religious traditions. We probed the mystical symbols adorning the dollar bill and investigated the esoteric philosophies guiding the new nation’s founding fathers.

The combination of protests, new cultural orientations, and developments in the war zones of Southeast Asia shifted public opinion. Withdrawal from Vietnam accompanied progress on other fronts from race relations to female liberation. New legislation addressed discrimination based on colour, creed, and gender, reined in the CIA, and created the Environmental Protection Agency to control serial polluters.

The ship had been righted, the course of the nation redirected, and use of the term “politically correct” offered backhanded acknowledgement of the nation’s cultural makeover in politics. In the end, many of the political attitudes engendered by the counterculture followed long hair, frayed jeans, and recreational marijuana use into mainstream America.

The changes, affected over a relatively short period, had made America even more exceptional in our eyes. But some observers disagreed. The eminent anthropologist Marvin Harris opined that the main impact of the counterculture was selling a lot of records. Iconoclastic musician Frank Zappa said that rock music’s potential revolutionary impact had been felt mostly in the textile industry. Cultural revolution did little to change the nation’s political structures and economy.

As the awakening and the activism of the Vietnam era ran its course, American conservatives felt increasingly isolated. Their champion, the embattled president Nixon, resigned office in disgrace. Not only had their values been shunted aside, the country’s conservative hard core saw the reforms and new liberalism as a direct threat to the sources of their wealth. They were still wealthy, but had become dinosaurs inhabiting a political landscape dominated by progressive ideas and proponents of activist government. Conservative partisans like Steve Bannon may have missed the party, but they were taking notes.

IT’S NOT REALLY ABOUT TRUMP

The Koch brothers are ferociously independent heirs to one of the largest private corporations in the United States. Like the Bush family and their cronies, their father, Fred Koch, built up his fortune during the 1930s, training Bolshevik engineers and selling his advanced oil refining technology and refineries to Stalin and Hitler’s Germany. His children’s nanny was a Hitler sympathiser, and after the war Fred Koch became a strong supporter of the rabidly anti-Communist John Birch Society to assuage his guilt over aiding the USSR. He transferred his extreme libertarian values to his sons, and after his death in 1967, Charles and David Koch bought out their two more liberal minded siblings.

In Dark Money, a book first released in 2016, Jane Mayer tells the story of how the Koch Brothers assembled a network of 400 über-wealthy industrialists. Mayer’s documentation of their activities reads like a virtual symphony of corporate crime in the form of fraud, tax avoidance, violations of workplace safety and employee welfare, foreign bribery, and environmental violations

Under the brothers, Koch Industries became the country’s second wealthiest private corporation, and they parlayed their financial muscle into the single most influential political machine in the country. Their first venture, David Koch’s run for the presidency on the Libertarian Party ticket in 1980, failed miserably. Plan B was based on a totally different approach. It began with annual summits attended by a handpicked list of like-minded individuals opposed to most forms of government regulation and taxation.

In Dark Money, a book first released in 2016, Jane Mayer tells the story of how the Koch Brothers assembled a network of 400 über-wealthy industrialists who leveraged their money and influence to penetrate the American political system for their personal financial benefit. The brothers are the sixth and seventh wealthiest Americans and their combined wealth makes them number one. Most of those they recruited belong to the top .01% of the country’s wealthiest billionaires and are known as the “invisible rich” because they operate private companies that shield them from public scrutiny and government rules for fiscal disclosure.

Mayer’s documentation of their activities reads like a virtual symphony of corporate crime in the form of fraud, tax avoidance, violations of workplace safety and employee welfare, foreign bribery, and environmental violations. Over several decades, this network, or the Kochtopus as it was dubbed by one analyst, spent billions of dollars funnelled through tax-free foundations and charities exempted from public oversight to promote their objectives.

The Koch summits provided the institutional foundation and financial support for a long-term strategy based on three overlapping components: The reformulation of libertarian ideology in terms of ideas and concepts enabling its propagation within mainstream society; the creation of institutions for translating this free-market ideology into policy positions and legislation; and building political vehicles on the ground for placing politicians aligned with their ideas and policies into public office.

Most of the Koch-networked and -funded institutions and political action committees, like Americans for Prosperity, flew underneath the radar. At the same time, an array of media personalities, talk show hosts, and academic celebrities duplicated the role that rock musicians, intellectuals and artists, political activists, and outspoken athletes like Mohammed Ali played in energising the masses several decades before. They elevated the role of divisive social issues like abortion rights in the political arena, fuelling the culture wars that influenced otherwise politically moderate citizens.

The Koch network funded think tanks based in respected universities to reinforce their anti-government ideology and critiques of public spending. Covertly funded political action committees were used to gain control of executive offices and legislative bodies. Over a period of 40 years, the Koch Brothers and their clique of archconservative supporters patiently cultivated a right-wing movement, often with more power to block and obstruct than to legislate their own agenda.

An array of media personalities, talk show hosts, and academic celebrities duplicated the role that rock musicians, intellectuals and artists, political activists, and outspoken athletes like Mohammed Ali played in energising the masses several decades before. They elevated the role of divisive social issues like abortion rights in the political arena

But despite the inroads and influence generated by their free-flowing money, the Koch network still lacked a nation-wide vehicle for mobilising grassroots supporters.

ENTER BARACK OBAMA, PURSUED BY MAD HATTERS

Help came from an unexpected source.

The election of Barrack Obama in 2008 triggered the formation of the anti-government Tea Party movement. Its emergence enabled the Koch network to dedicate their annual summit in 2009 to organise an all-out assault on the Democrats during the 2010 mid-term elections. Tea Party candidates defeated Democrat and mainstream Republican incumbents as the GOP regained control of the House and Senate. The trend continued in 2012, even though Obama retained the White House with a 5.5 million-vote margin of victory.

Despite their growing clout within the federal and state governments, the Koch-Tea Party coalition could not field a viable presidential candidate of their own creation, as demonstrated by the succession of inchoate candidates like Marco Rubio, Ted Cruz, Rand Paul, Rick Santorum, Ben Carson, Michelle Bachmann, and the pizza king Herman Cain.

The problem was about to repeat itself in 2016, until along came the Donald. Trump blitzed the field, reducing both establishment candidates like Jeb Bush and Tea Party aspirants to props in his carnival-style campaign. He proceeded to tweet himself into the White House, portraying himself as a new and independent force in American politics.

That he was. “I even did without a guitar and piano,” he quipped, a jibe referring to the star power Hillary Clinton trundled out at the end of her self-satisfied campaign.

Actually, the Trump team had something much better. Cambridge Analytica is a company dedicated to “the use of data to change behaviour,” or in the case of the 2016 election, using emotional manipulation based on psychological profiling to induce people to vote against their own socioeconomic interest. Electoral analysts confirm that CA helped sway the vote in key swing states like Florida, North Carolina, and Michigan, but their advanced analytics arguably required the distortionary prism cultivated by the alt-right players like Breitbart News and Steve Bannon to be effective.

THE REAL HOMELAND INSECURITY

It is easy to denigrate Trump the person. But Trump the politician scored some important points on my political scorecard. I had witnessed the beginning of the decline overtaking rural areas in the American South, and now even communities and people in America’s heartland who did everything by the book to adapt to the industrial decline still couldn’t win. The economic nationalism agenda clearly spoke to their concerns, even if it was short on viable solutions.

Despite their growing clout within the federal and state governments, the Koch-Tea Party coalition could not field a viable presidential candidate of their own creation, as demonstrated by the succession of inchoate candidates like Marco Rubio, Ted Cruz, Rand Paul, Rick Santorum, Ben Carson, Michelle Bachmann, and the pizza king Herman Cain. The problem was about to repeat itself in 2016, until along came the Donald

A Trump versus Bernie Sanders contest focusing debate on the overlapping issues at the core of both candidates’ campaigns would have been much better for the country and the eventual winner. That did not happen thanks to the Democratic National Committee’s pro-Hillary machinations. Instead, we got a noisy post-truth spectacle that made one candidate look like a sleazy demagogue while the other came across as an opportunistic mannikin compromised by special interests.

The country emerged from the polls more polarised than ever, and the acrimony of the aftermath offered little hope for improvement. The fact that Trump was not part of the Kochtopus and the Koch brothers did not support his campaign offered some hope: Maybe the guy would revert to the former Democrat who was cool with Dennis Rodman on The Celebrity Apprentice. But then again, Vice President Michael Pence was a Koch-funded poodle; Trump promptly loaded his Cabinet with Koch partisans like Betsy DeVoss and Ben Carson.

It was not easy to see where my friend’s “something good will come out this” would come from with these people in charge.

A few days after I arrived in Utah, Trump announced his Muslim travel ban. A wave of spontaneous protests erupted as airport authorities detained several hundred arrivals from abroad including a former Middle Eastern head of state. The mainstream media went into overdrive and anti-Trump posts proliferated on social media, many of them creative, incisive, and entertaining. This and the breaking news about Russia drove a former State Department official to lament that the US has become a “Banana Republic.”

Although a federal judge declared the ban unconstitutional on the first working day following the executive order, a Utah-based friend from Lamu, spooked by the ban, still felt it necessary to travel back to Kenya to escort his wife, who had just received her long-awaited US visa, past airport immigration and security. More significantly, three days later, the LDS church issued a statement opposing the ban.

I argued that the election was the best thing that happened for progressive forces in decades. It woke people up, and saved the world from a hawkish and dissembling Hillary. At least the decades of drift culminating in the aristocratic takeover of party and state by the Clinton dynasty were over

This was unexpected news, as was a University of Utah study that reported most Muslim immigrants found the state more welcoming and adjusting to the US easier in Utah’s family oriented and no-alcohol Mormon culture. I also discovered that the religion’s founder and prophet, Joseph Smith, was actually an abolitionist, and that the Utah territory granted women the right to vote in 1870, 50 years before the federal government legislated universal suffrage by passing the 19th Amendment (Congress responded by disenfranchising Utah women with the Edmunds–Tucker Act, which was designed to weaken the Mormons politically and punish them for polygamy).

Red America is not as monolithic as it may appear in media political narratives. I spent Super Bowl Sunday in Salt Lake City with a houseful of Mexican relatives. More of them were more upset with the New England Patriot’s last minute Trump-style victory than worried about Trump’s wall.

I visited blue America. We convened a large family gathering in Los Angeles, and spent time with friends in San Francisco. There were a lot of Teslas and other electric cars, and a few self-driving vehicles on the freeways, their passengers contently working on phones and tablets.

THE COMING SECESSION OF HOTEL CALIFORNIA?

California is the high-tech future. But it is also the land of a new long-tail market peasantry. Internet-savvy entrepreneurs were surviving by reselling appliances and other recycled items. Co-operatives in the form of Internet-based groups were pooling their knowledge to utilise the online economy.

I have in-laws in LA who subsist by swapping coupons and minimising household costs through scientific shopping for bargains and stocking their freezer with food reduced for clearance.

Despite their struggle to keep body and soul intact, every month they host poetry readings and other cultural events in their home that are attended by dozens of friends and associates more concerned with the fate of the country than their own declining incomes.

The two coasts had emerged as the centre of anti-Trump activism, and some of the protests, like the student protests in Berkeley that forced the administration to cancel an appearance by the Breitbart editor, Milo Yiannopoulos, crossed the line, violating basic constitutional and democratic principles. When I mentioned the retrogressive nature of some of these developments, my friends in California ranted about the new regime and talked about secession in terms that recalled my conversations with the Mombasa Republican Council’s leadership.

I responded by arguing that the election was the best thing that happened for progressive forces in decades. It woke people up, and saved the world from a hawkish and dissembling Hillary. Contributions to the American Civil Liberties Union were spiking; at least the decades of drift culminating in the aristocratic takeover of party and state by the Clinton dynasty were over.

Other developments of the past several months painted a much more nuanced picture of the state of the nation. San Francisco 49ers quarterback Colin Kaepernick revisited the spirit of the Mexico Olympic protest by refusing to stand for the national anthem. In pro-Trump Louisiana, the city of New Orleans took down the statue of Robert E. Lee — the state’s last remaining symbol of the Confederacy. John McCain penned an incisive op-ed in the New York Times underscoring the importance of human rights in foreign policy as an extension of domestic American values. Bob Dylan, the first poet of the counterculture, became a Nobel laureate.

The United States is a highly dualistic nation held together by a strong political centre. The nation’s political trajectory has consistently zigzagged between right and left of centre over the course of my lifetime. The transition from Obama to Trump was consistent with this dialectic

After the election, the website for the largest Tea Party PAC crowed that it took the anti-war movement 25 years to elect one of their own to the White House while they had done the same over the course of two electoral cycles. In reality, the success rate of Tea Party candidates peaked in 2012. Now minority politicians with names like Chokwe Lumumba and Khalid Kamau were winning seats in local government. Unheralded candidates recently won by-elections for seats in New Hampshire and New Jersey districts that had never elected a Democrat.

In his book What’s Wrong With Kansas, Thomas Frank describes how conservatives used religion and the culture wars to flip the formerly progressive state into a Republican stronghold. A decade later, the economy is tanking, while the state’s model education system deteriorates due to the spending cuts instituted by the Koch-supported Governor. Back in another flyover state, there are helped wanted signs everywhere and the Utah economy is booming. The difference is not accidental.

After I returned to Kenya, Bloomberg News published an article entitled How Utah is Keeping the American Dream Alive. The writer begins by confessing, “There’s no getting around it: For a girl raised on the Upper West Side of Manhattan, Salt Lake City is a very weird place.” She then proceeds to detail how the state government is collaborating with Latter Day Saints agencies to provide social protection for the poor while providing job training addressing local demand for skilled and semi-skilled labour. The formula is generating Scandinavian levels of social mobility in a state with a small but committed civil service and the country’s lowest per capita expenditure on education.

FACING AN UNEXCEPTIONAL FUTURE?

In 2017, I found a country not so different from the one I left on the brink of electing Barack Obama. Communication was efficient and uncomplicated; people were without exception polite, helpful, and friendly. The malls were filled with new versions of the usual stuff, and if you shopped smart most of it was much cheaper than it would cost in Kenya. Smoking reefer was laissez faire or just legal. The junk food was healthier, and the country was awash with innovative ideas and creative content. East Africa has changed so much more during the interim. But appearances can be deceptive.

Truth will make a comeback, and there is a world of well-informed and innovative solutions out there to get things going. Once again, it’s looking like my African friends got it right

The United States is a highly dualistic nation held together by a strong political centre. The nation’s political trajectory has consistently zigzagged between right and left of centre over the course of my lifetime. This makes for a lot of contradictions, but also for a more purple Republic over the long run. The transition from Obama to Trump was consistent with this dialectic, which is also a source of American democracy’s distinctive pattern of continuous change and incremental reform. President Trump is the latest exhibit in this tradition, but there are caveats.

The problem is not that Trump’s diagnoses of the nation’s problems were not on target. His vision for making America Great Again, in contrast, is informed by nostalgia, special interests, and backward-looking solutions. Trump’s proposed budget and tax cuts will injure the less educated and economically insecure voters who flocked to his rallies. The jobs at the Carrier factory Trump “saved” from being outsourced to Mexico are to be automated. Many elements of the economic nationalism he showcased on the stump are already in remission, and he is retreating from the foreign policy positions he used to whip up the crowds. He turned the government’s Middle East foreign policy over to the Saudis in exchange for a large order of weapons.

The future of the middle class is uncertain. The accelerating pace of machine learning and artificial intelligence may bring about the economic singularity within a generation. The country I grew up in was about exploration, problem solving, and optimising potential as we moved forward. Now I sense that for many Americans, the future is as murky as the Great Salt Lake on a cloudy winter day.

EVIL WINNERS WHO INVESTED IN PSEUDO-CHARITIES

The Koch Brothers and their friends tried to manufacture a new political culture based on libertarian values, but are really perpetuating the same financial industrial royalty presidents from Jefferson to Eisenhower warned us about. The likes of Bill Gates and Warren Buffet are following the tradition of other American philanthropists guided by noblesse oblige; the super wealthy populating the alt-right are evil winners who invested in pseudo-charities dedicated to advancing their own narrow interests.

Things were humming along until an outsider crashed the party.

Now the Trump presidency is unravelling in the face of problems largely of his own making. Our institutions are engaged, and my only hope is Trump & Co stay in office long enough to take down the whole prevaricating, alternative fact, toxic waste emitting and hate-mongering circus. We have seen worse, and I don’t begrudge the sincere citizens who played their trump card on the Donald having their day in the sun. But now it’s time to sort out the unprecedented crisis of inequality facing capitalism everywhere. Truth will make a comeback, and there is a world of well-informed and innovative solutions out there to get things going.

Once again, it’s looking like my African friends got it right.

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Chief Black Hawk went down in flames over Somalia in the early 1990s. This is a missive from beyond the grave, exclusive to The Elephant.

Politics

A Dictator’s Guide: How Museveni Wins Elections and Reproduces Power in Uganda

Caricatures aside, how do President Yoweri Museveni and the National Revolutionary Movement state reproduce power? It’s been 31 years.

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Recent weeks have seen increased global media attention to Uganda following the incidents surrounding the arrest of popular musician and legislator, Bobi Wine; emblematic events that have marked the shrinking democratic space in Uganda and the growing popular struggles for political change in the country.

The spotlight is also informed by wider trends across the continent over the past few years—particularly the unanticipated fall of veteran autocrats Muammar Gaddafi in Libya, Hosni Mubarak in Egypt, Yaya Jammeh in Gambia, and most recently Robert Mugabe in Zimbabwe—which led to speculation about whether Yoweri Museveni, in power in Uganda since 1986, might be the next to exit this shrinking club of Africa’s strongmen.

Yet the Museveni state, and the immense presidential power that is its defining characteristic, has received far less attention, thus obscuring some of the issues at hand. Comprehending its dynamics requires paying attention to at-least three turning points in the National Resistance Movement’s history, which resulted in a gradual weeding-out of Museveni’s contemporaries and potential opponents from the NRM, then the mobilisation of military conflict to shore up regime legitimacy, and the policing of urban spaces to contain the increasingly frequent signals of potential revolution. Together, these dynamics crystallised presidential power in Uganda, run down key state institutions, and set the stage for the recent tensions and likely many more to come.

The purge

From the late 1990s, there has been a gradual weeding out the old guard in the NRM, which through an informal “succession queue,” had posed an internal challenge to the continuity of Museveni’s rule. It all started amidst the heated debates in the late 1990s over the reform of the then decaying Movement system; debates that pitted a younger club of reformists against an older group. The resultant split led to the exit of many critical voices from the NRM’s ranks, and began to bolster Museveni’s grip on power in a manner that was unprecedented. It also opened the lid on official corruption and the abuse of public offices.

Over the years, the purge also got rid of many political and military elites—the so-called “historicals”—many of whom shared Museveni’s sense of entitlement to political office rooted in their contribution to the 1980-1985 liberation war, and some of whom probably had an eye on his seat.

By 2005 the purge was at its peak; that year the constitutional amendment that removed presidential term limits—passed after a bribe to every legislator—saw almost all insiders that were opposed to it, summarily dismissed. As many of them joined the ranks of the opposition, Museveni’s inner circle was left with mainly sycophants whose loyalty was more hinged on patronage than anything else. Questioning the president or harboring presidential ambitions within the NRM had become tantamount to a crime.

By 2011 the process was almost complete, with the dismissal of Vice President Gilbert Bukenya, whose growing popularity among rural farmers was interpreted as a nascent presidential bid, resulting in his firing.

One man remained standing, Museveni’s long-time friend Amama Mbabazi. His friendship with Museveni had long fueled rumors that he would succeed “the big man” at some point. In 2015, however, his attempt to run against Museveni in the ruling party primaries also earned him an expulsion from both the secretary general position of the ruling party as well as the prime ministerial office.

The departure of Mbabazi marked the end of any pretensions to a succession plan within the NRM. He was unpopular, with a record tainted by corruption scandals and complicity in Museveni’s authoritarianism, but his status as a “president-in-waiting” had given the NRM at least the semblance of an institution that could survive beyond Museveni’s tenure, which his firing effectively ended.

What is left now is perhaps only the “Muhoozi project,” a supposed plan by Museveni to have his son Muhoozi Kainerugaba succeed him. Lately it has been given credence by the son’s rapid rise to commanding positions in elite sections of the Ugandan military. But with an increasingly insecure Museveni heavily reliant on familial relationships and patronage networks, even the Muhoozi project appears very unlikely. What is clear, though, is that the over time, the presidency has essentially become Museveni’s property.

Exporting peace?

Fundamental to Museveni’s personalisation of power also has been the role of military conflict, both local and regional. First was the rebellion by Joseph Kony’s Lord’s Resistance Army in northern Uganda, which over its two-decade span enabled a continuation of the military ethos of the NRM. The war’s dynamics were indeed complex, and rooted in a longer history that predated even the NRM government, but undoubtedly it provided a ready excuse for the various shades of authoritarianism that came to define Museveni’s rule.

With war ongoing in the north, any challenge to Museveni’s rule was easily constructed as a threat to the peace already secured in the rest of the country, providing an absurd logic for clamping down on political opposition. More importantly, the emergency state born of it, frequently provided a justification for the president to side-step democratic institutions and processes, while at the same time rationalising the government’s disproportionate expenditure on the military. It also fed into Museveni’s self-perception as a “freedom fighter,” buttressed the personality cult around him, and empowered him to further undermine any checks on his power.

By the late 2000s the LRA war was coming to an end—but another war had taken over its function just in time. From the early 2000s, Uganda’s participation in a regional security project in the context of the War on Terror, particularly in the Somalian conflict, rehabilitated the regime’s international image and provided cover for the narrowing political space at home, as well as facilitating a further entrenchment of Museveni’s rule.

As post-9/11 Western foreign policy began to prioritise stability over political reform, Museveni increasingly postured as the regional peacemaker, endearing himself to donors while further sweeping the calls for democratic change at home under the carpet—and earning big from it.

It is easy to overlook the impact of these military engagements, but the point is that together they accentuated the role of the military in Ugandan politics and further entrenched Museveni’s power to degrees that perhaps even the NRM’s own roots in a guerrilla movement could never have reached.

Policing protest

The expulsion of powerful elites from the ruling circles and the politicisation of military conflict had just started to cement Musevenism, when a new threat emerged on the horizon. It involved not the usual antagonists—gun-toting rebels or ruling party elites—but ordinary protesters. And they were challenging the NRM on an unfamiliar battleground—not in the jungles, but on the streets: the 2011 “Walk-to-Work” protests, rejecting the rising fuel and food prices, were unprecedented.

But there is another reason the protests constituted a new threat. For long the NRM had mastered the art of winning elections. The majority constituencies were rural, and allegedly strongholds of the regime. The electoral commission itself was largely answerable to Museveni. With rural constituencies in one hand and the electoral body in the other, the NRM could safely ignore the minority opposition-dominated urban constituencies. Electoral defeat thus never constituted a threat to the NRM, at least at parliamentary and presidential levels.

But now the protesters had turned the tables, and were challenging the regime immediately after one of its landslide victories. The streets could not be rigged. In a moment, they had shifted the locus of Ugandan politics from the rural to the urban, and from institutional to informal spaces. And they were picking lessons from a strange source: North Africa. There, where Museveni’s old friend Gaddafi, among others, was facing a sudden exit under pressure from similar struggles. Things could quickly get out of hand. A strategic response was urgent.

The regime went into overdrive. The 2011 protests were snuffed out, and from then, the policing of urban spaces became central to the logic and working of the Museveni state. Draconian laws on public assembly and free speech came into effect, enacted by a rubber-stamp parliament that was already firmly in Museveni’s hands. Police partnered with criminal gangs, notably the Boda Boda 2010, to curb what was called “public disorder”—really the official name for peaceful protest. As police’s mandate expanded to include the pursuit of regime critics, its budget ballooned, and its chief, General Kale Kayihura, became the most powerful person after Museveni—before his recent dismissal.

For a while, the regime seemed triumphant. Organising and protest became virtually impossible, as urban areas came under 24/7 surveillance. Moreover, key state institutions—the parliament, electoral commission, judiciary, military and now the police—were all in the service of the NRM, and all voices of dissent had been effectively silenced. In time, the constitution would be amended again, by the NRM-dominated house, this time to remove the presidential age limit—the last obstacle to Museveni’s life presidency—followed by a new tax on social media, to curb “gossip.” Museveni was now truly invincible. Or so it seemed.

But the dreams of “walk-to-work”—the nightmare for the Museveni state—had never really disappeared, and behind the tightly-patrolled streets always lay the simmering quest for change. That is how we arrived at the present moment, with a popstar representing the widespread aspiration for better government, and a seemingly all-powerful president suddenly struggling for legitimacy. Whatever direction the current popular struggles ultimately take, what is certain is that they are learning well from history, and are a harbinger of many more to come.

This post is from a new partnership between Africa Is a Country and The Elephant. We will be publishing a series of posts from their site once a week.

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The Enduring Blind Spots of America’s Africa Policy

America should move way from making the military the face of its engagement with Africa and instead invest in deepening democracy as a principled approach rather than a convenient choice.

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The Enduring Blind Spots of America's Africa Policy
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While Donald Trump’s administration completely neglected America-Africa relations, the blind spots bedeviling America’s Africa policy preceded his 2016 election. Correcting the systemic flaws of the past 30 years will require a complete rethink after the controversial President’s departure.

To remedy America’s Africa policy, President Joseph Biden’s administration should pivot away from counterterrorism to supporting democratic governance as a principal rather than as mere convenience, and cooperate with China on climate change, peace, and security on the continent.

America’s Africa policy 

America’s post-Cold War Africa policy has had three distinct and discernible phases. The first phase was an expansionist outlook undergirded by humanitarian intervention. The second was nonintervention, a stance triggered by the experience of the first phase. The third is the use of “smart” military interventions using military allies.  

The turning point for the first phase was in 1989 when a victorious America pursued an expansive foreign policy approach predicated on humanitarian intervention. Somalia became the first African test case of this policy when, in 1992, America sent almost 30,000 troops to support Operation Restore Hope’s humanitarian mission which took place against the background of the collapse of the Somalia government in 1991.

On 3-4 October 1993, during the Battle of Mogadishu, 18 US servicemen were killed in a fight with warlords who controlled Mogadishu then, and the bodies of the marines dragged through the streets of Mogadishu. The media coverage increased pressure on the politicians and six months later America withdrew from Somalia — a case of the New World Order meeting the harsh reality of civil conflict.

The chastening experience resulted in America scaling back its involvement in internal conflicts in far-flung places. The result was the emergence of the second phase — non-engagement when Rwanda’s Genocide erupted in 1994 and almost a million people died in 100 days revealed the limitations of over-correcting the Somalia experience. This “non-interference” phase lasted until the twin Nairobi and Dar es Salaam US embassy bombings by Al Qaeda in 1998.

This gave way to the third phase with the realisation that the new threat to America was no longer primarily from state actors, but from transnational non-state actors using failing states as safe havens. The 2002 National Security Strategy states: “the events of September 11, 2001, taught us that weak states . . . can pose as a great danger to our national interests as strong states.”

Counterterrorism training and equipping of African militaries is the central plank of this new security policy. As a result, counterterrorism funding has skyrocketed as has America’s military footprint in Africa. As a result, Africa has become the theatre in which the Global forever War on Terror is fought.

The counterterrorism traps 

The reflexive reaction to the events of September 11 2001 spawned an interlocking web of covert and overt military and non-military operations. These efforts, initially deemed necessary and temporary, have since morphed into a self-sustaining system complete with agencies, institutions and a specialised lingo that pervades every realm of America’s engagement with Africa.

The United States Africa Command (Africom) is the vehicle of America’s engagement with the continent. Counterterrorism blurred the line between security, development, and humanitarian assistance with a host of implications including unrelenting militarisation which America’s policy establishment embraced uncritically as the sine qua non of America’s diplomacy, their obvious flaws notwithstanding. The securitisation of problems became self-fulfilling and self-sustaining.

The embrace of counterterrorism could not have come at a worse time for Africa’s efforts at democratization. In many African countries, political and military elites have now developed a predictable rule-based compact governing accession to power via elections rather than the coups of the past.

“Smart” African leaders exploited the securitised approach in two main ways: closing the political space and criminalising dissent as “terrorism” and as a source of free money. In Ethiopia, Yonatan Tesfaye, a former spokesman of the Semayawi (Blue) Party, was detained in December 2015 on charges under Article 4 of Ethiopia’s Anti-Terrorism Proclamation ((EATP), arguably one of the the country’s most severe pieces of legislation. But Ethiopia has received millions of dollars from the United States.

The Department of Defense hardly says anything in public but gives out plenty of money without asking questions about human rights and good governance. Being a counterterrorism hub has become insurance policy against any form of criticism regardless of state malfeasance.

Egypt is one such hub. According to the Congressional Research Service, for the 2021 financial year, the Trump Administration has requested a total of US$1.4 billion in bilateral assistance for Egypt, which Congress approved in 2018 and 2019. Nearly all US funding for Egypt comes from the Foreign Military Finance (FMF) account and is in turn used to purchase military equipment of US origin, spare parts, training, and maintenance from US firms.

Another country that is a counterterrorism hub in the Horn of Africa is Ethiopia. For the few months they were in charge, the Union of Islamic Courts (ICU) brought order and stability to the country.  Although they were linked to only a few of Mogadishu’s local courts, on 24 December 2006, Ethiopia’s military intervened in Somalia to contain the rise of Al Shabaab’s political and military influence.

The ouster of the ICU by Ethiopia aggravated the deep historical enmity between Somalia and Ethiopia, something Al Shabaab — initially the youth wing of the ICU — subsequently exploited through a mix of Somali nationalism, Islamist ideology, and Western anti-imperialism. Al Shabaab presented themselves as the vanguard against Ethiopia and other external aggressors, providing the group with an opportunity to translate their rhetoric into action.

Ethiopia’s intervention in Somalia could not have taken place without America’s blessing. The intervention took place three weeks after General John Abizaid, the commander of US forces from the Middle East to Afghanistan, met with the then Ethiopian Prime Minister Meles Zenawi.  The intervention generated a vicious self-sustaining loop. Ethiopians are in Somalia because of Al Shabaab, and Al Shabaab says they will continue fighting as long as foreign troops are inside Somalia.

America has rewarded Ethiopia handsomely for its role as the Horn of Africa’s policeman. In both Ethiopia’s and Egypt’s case, on the score of human rights and good governance, the net losers are the citizens.

Drone attacks 

In keeping with the War on Terror being for forever, and despite departing Somalia in 1993, America outsourced a massive chunk of the fight against Al Shabaab to Ethiopia primarily, and later, to AMISOM. America is still engaged in Somalia where it has approximately 800 troops, including special forces that help train Somalia’s army to fight against Al Shabaab.

America carried out its first drone strike in Somalia in 2011 during President Barack Obama’s tenure. Under the Trump administration, however, the US has dramatically increased the frequency of drone attacks and loosened the oversight required to approve strike targets in Somalia. In March 2017, President Trump secretly designated parts of Somalia “areas of active hostilities”, meaning that the high-level inter-agency vetting of proposed strikes and the need to demonstrate with near certainty that civilians would not be injured or killed no longer applied. Last year, the US acknowledged conducting 63 airstrikes in the country, and in late August last year, the US admitted that it had carried out 46 strikes in 2020.

A lack of transparency regarding civilian casualties and the absence of empirical evidence that the strikes lead to a reduction in terrorism in Somalia suggest that expanding to Kenya would be ill-advised. The US has only acknowledged having caused civilian casualties in Somalia three times. Between 2016 and 2019, AFRICOM failed to conduct a single interview with civilian witnesses of its airstrikes in Somalia.

Despite this level of engagement, defeating Al Shabaab remains a remote possibility.

Containing the Chinese takeover 

The Trump Administration did not have an Africa policy. The closest approximation of a policy during Trump’s tenure was stated in a speech delivered by John Bolton at a Conservative think tank decrying  China’s nefarious activities in Africa.  Even with a policy, where the counterterrorism framework views Africa as a problem to be solved by military means, the containing China policy views African countries as lacking the agency to act in their own interests. The problem with this argument is that it is patronising; Africans cannot decide what is right for them.

Over the last decades, while America was busy creating the interlocking counterterrorism infrastructure in Africa, China was building large-scale infrastructure across the continent. Where America sees Africa as a problem to be solved, China sees Africa as an opportunity to be seized.

Almost two years into the Trump administration, there were no US ambassadors deployed in 20 of Africa’s 54 countries even while America was maintaining a network of 29 military bases.  By comparison China, has 50 embassies spread across Africa.

For three consecutive years America’s administration has proposed deep and disproportionate cuts to diplomacy and development while China has doubled its foreign affairs budget since 2011. In 2018, China increased its funding for diplomacy by nearly 16 per cent and its funding for foreign aid by almost 7 per cent.

As a show of how engagement with Africa is low on the list of US priorities, Trump appointed a luxury handbag designer as America’s ambassador to South Africa on 14 November 2018. Kenya’s ambassador is a political appointee who, when he is not sparring with Kenyans on Twitter, is supporting a discredited coal mining project.

The US anti-China arguments emphasize that China does not believe in human rights and good governance, and that China’s funding of large infrastructure projects is essentially debt-trap diplomacy. The anti-China rhetoric coming from American officials is not driven by altruism but by the realisation that they have fallen behind China in Africa.

By the middle of this century Africa’s population is expected to double to roughly two billion. Nigeria will become the second most populous country globally by 2100, behind only India. The 24-country African Continental Free Trade Agreement (AfCFTA) entered into force on 30 May 2019. AfCFTA will ultimately bring together all 55 member states of the African Union covering a market of more than 1.2 billion people — including a growing middle class — and a combined gross domestic product (GDP) of more than US$3.4 trillion.

While Chinese infrastructure projects grab the headlines, China has moved into diversifying its engagement with Africa. The country has increased its investments in Africa by more than 520 per cent over the last 15 years, surpassing the US as the largest trading partner for Africa in 2009 and becoming the top exporter to 19 out of 48 countries in sub-Saharan Africa.

Some of the legacy Chinese investments have come at a steep environmental price and with an unsustainable debt. Kenya’s Standard Gauge Railway is bleeding money and is economically unviable.

A fresh start

Supporting democratic governance and learning to cooperate with China are two areas that will make America part of Africa’s future rather than its past.

America should pivot way from making the military the most visible face of its engagement with Africa and instead invest in deepening democracy as a principled approach rather than a convenient choice.

Despite the elegy about its retreat in Africa, democracy enjoys tremendous support. According to an Afro barometer poll, almost 70 per cent of Africans say democracy is their preferred form of government. Large majorities also reject alternative authoritarian regimes such as presidential dictatorships, military rule, and one-party governments. Democracy, while still fledgling, remains a positive trend; since 2015, there have been 34 peaceful transfers of power.

However, such positive metrics go hand in hand with a worrying inclination by presidents to change constitutions to extend their terms in office. Since 2015, leaders of 13 countries have evaded or overseen the weakening of term limit restrictions that had been in place. Democracy might be less sexy, but ignoring it is perilous. There are no apps or switches to flip to arrest this slide. It requires hard work that America is well equipped to support but has chosen not to in a range of countries in recent years There is a difference between interfering in the internal affairs of a country and complete abdication or (in some cases) supporting leaders who engage in activities that are inimical to deepening democracy.

The damage wrought by the Trump presidency and neo-liberal counterterrorism policies will take time to undo, but symbolic efforts can go a long way to bridging the gap.

America must also contend with China being an indispensable player in Africa and learn to cooperate rather than compete in order to achieve optimal outcomes.

China has 2,458 military and police personnel serving in eight missions around the globe, far more than the combined contribution of personnel by the other four permanent members of the UN Security Council, Russia, the US, France and Britain. China had more than 2,400 Chinese troops take part in seven UN peacekeeping missions across the continent — most notably in Mali and South Sudan. Of the 14 current UN peacekeeping missions, seven are in Africa, consuming two-thirds of the budget.

Climate change and conflict resolution provide opportunities for cooperation. Disproportionate reliance on rain-fed agriculture and low adaptation to the adverse impact of climate change make Africa vulnerable to the damaging effects of climate change, the consequences of which will transcend Africa. Through a combination of research, development, technological transfer and multilateral investment, America and China could stave off the impact of climate change in Africa.

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Hijacking Kenya’s Health Spending: Companies Linked to Powerful MP Received Suspicious Procurement Contracts

Two obscure companies linked to Kitui South MP Rachael Kaki Nyamai were paid at least KSh24.2 million to deliver medical supplies under single-source agreements at the time the MP was chair of the National Assembly’s Health Committee.

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Hijacking Kenya’s Health Spending: Companies Linked to Powerful MP Received Suspicious Procurement Contracts
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Two obscure companies linked to Kitui South MP Rachael Kaki Nyamai were paid at least KSh24.2 million to deliver medical supplies under single-source agreements at the time the MP was chair of the National Assembly’s Health Committee, an investigation by Africa Uncensored and The Elephant has uncovered.

One of the companies was also awarded a mysterious Ksh 4.3 billion agreement to supply 8 million bottles of hand sanitizer, according to the government’s procurement system.

The contracts were awarded in 2015 as authorities moved to contain the threat from the Ebola outbreak that was ravaging West Africa and threatening to spread across the continent as well as from flooding related to the El-Nino weather phenomenon.

The investigation found that between 2014 and 2016, the Ministry of Health handed out hundreds of questionable non-compete tenders related to impending disasters, with a total value of KSh176 billion including three no-bid contracts to two firms, Tira Southshore Holdings Limited and Ameken Minewest Company Limited, linked to Mrs Nyamai, whose committee oversaw the ministry’s funding – a clear conflict of interest.

Number of Suppliers Allocated BPAAlthough authorities have since scrutinized some of the suspicious contracts and misappropriated health funds, the investigation revealed a handful of contracts that were not made public, nor questioned by the health committee.

Mrs Nyamai declined to comment for the story.

Nyamai has been accused by fellow members of parliament of thwarting an investigation of a separate alleged fraud. In 2016, a leaked internal audit report accused the Ministry of Health — colloquially referred to for its location at Afya House — of misappropriating funds in excess of nearly $60 million during the 2015/2016 financial year. Media stories described unauthorized suppliers, fraudulent transactions, and duplicate payments, citing the leaked document.

Members of the National Assembly’s Health Committee threatened to investigate by bringing the suppliers in for questioning, and then accused Nyamai, the committee chairperson, of blocking their probe. Members of the committee signed a petition calling for the removal of Nyamai and her deputy, but the petition reportedly went missing. Nyamai now heads the National Assembly’s Committee on Lands.

Transactions for companies owned by Mrs Nyamai’s relatives were among 25,727 leaked procurement records reviewed by reporters from Africa Uncensored, Finance Uncovered, The Elephant, and OCCRP. The data includes transactions by eight government agencies between August 2014 and January 2018, and reveals both questionable contracts as well as problems that continue to plague the government’s accounting tool, IFMIS.

The Integrated Financial Management Information System was adopted to improve efficiency and accountability. Instead, it has been used to fast-track corruption.

Hand sanitizer was an important tool in fighting transmission of Ebola, according to a WHO health expert. In one transaction, the Ministry of Health paid Sh5.4 million for “the supply of Ebola reagents for hand sanitizer” to a company owned by a niece of the MP who chaired the parliamentary health committee. However, it’s unclear what Ebola reagents, which are meant for Ebola testing, have to do with hand sanitizer. Kenya’s Ministry of Health made 84 other transactions to various vendors during this period, earmarked specifically for Ebola-related spending. These included:

  • Public awareness campaigns and adverts paid to print, radio and tv media platforms, totalling at least KSh122 million.
  • Printed materials totalling at least KSh214 million for Ebola prevention and information posters, contact tracing forms, technical guideline and point-of-entry forms, brochures and decision charts, etc. Most of the payments were made to six obscure companies.
  • Ebola-related pharmaceutical and non-pharmaceutical supplies, including hand sanitizer
  • Ebola-related conferences, catering, and travel expenses
  • At least KSh15 millions paid to a single vendor for isolation beds

Hacking the System

Tira Southshore Holdings Limited and Ameken Minewest Company Limited, appear to have no history of dealing in hygiene or medical supplies. Yet they were awarded three blanket purchase agreements, which are usually reserved for trusted vendors who provide recurring supplies such as newspapers and tea, or services such as office cleaning.

“A blanket agreement is something which should be exceptional, in my view,” says former Auditor-General, Edward Ouko.

But the leaked data show more than 2,000 such agreements, marked as approved by the heads of procurement in various ministries. About KSh176 billion (about $1.7 billion) was committed under such contracts over 42 months.

“Any other method of procurement, there must be competition. And in this one there is no competition,” explained a procurement officer, who spoke generally about blanket purchase agreements on background. “You have avoided sourcing.”

The Ministry of Health did not respond to detailed questions, while Mrs Nyamai declined to comment on the contracts in question.

Procurement experts say blanket purchase agreements are used in Kenya to short-circuit the competitive process. A ministry’s head of procurement can request authority from the National Treasury to create blanket agreements for certain vendors. Those companies can then be asked by procurement employees to deliver supplies and services without competing for a tender.

Once in the system, these single-source contracts are prone to corruption, as orders and payments can simply be made without the detailed documentation required under standard procurements. With limited time and resources, government auditors say they struggle especially with reconciling purchases made under blanket agreements.

The agreements were almost always followed by standard purchase orders that indicated the same vendor and the same amount which is unusual and raises fears of duplication. Some of these transactions were generated days or weeks after the blanket agreements, many with missing or mismatched explanations. It’s unclear whether any of these actually constituted duplicate payments.

For example, the leaked data show two transactions for Ameken Minewest for Sh6.9 million each — a blanket purchase order for El Nino mitigation supplies and a standard order for the supply of chlorine tablets eight days later. Tira Southshore also had two transactions of Sh12 million each — a blanket purchase for the “supply of lab reagents for cholera,” and six days later a standard order for the supply of chlorine powder.

Auditors say both the amounts and the timing of such payments are suspicious because blanket agreements should be paid in installments.

“It could well be a duplicate, using the same information, to get through the process. Because you make a blanket [agreement], then the intention is to do duplicates, so that it can pass through the cash payee phase several times without delivering more,” said Ouko upon reviewing some of the transactions for Tira Southshore. This weakness makes the IFMIS system prone to abuse, he added.

In addition, a KSh4 billion contract for hand sanitizer between the Health Ministry’s Preventive and Promotive Health Department and Tira Southshore was approved as a blanket purchase agreement in April 2015. The following month, a standard purchase order was generated for the same amount but without a description of services — this transaction is marked in the system as incomplete. A third transaction — this one for 0 shillings — was generated 10 days later by the same procurement employee, using the original order description: “please supply hand sanitizers 5oomls as per contract Moh/dpphs/dsru/008/14-15-MTC/17/14-15(min.no.6).

Reporters were unable to confirm whether KSh4 billion was paid by the ministry. The leaked data doesn’t include payment disbursement details, and the MOH has not responded to requests for information.

“I can assure you there’s no 4 billion, not even 1 billion. Not even 10 million that I have ever done, that has ever gone through Tira’s account, through that bank account,” said the co-owner of the company, Abigael Mukeli. She insisted that Tira Southshore never had a contract to deliver hand sanitizer, but declined to answer specific questions. It is unclear how a company without a contract would appear as a vendor in IFMIS, alongside contract details.

It is possible that payments could end up in bank accounts other than the ones associated with the supplier. That is because IFMIS also allowed for the creation of duplicate suppliers, according to a 2016 audit of the procurement system. That audit found almost 50 cases of duplication of the same vendor.

“Presence of active duplicate supplier master records increases the possibility of potential duplicate payments, misuse of bank account information, [and] reconciliation issues,” the auditors warned.

They also found such blatant security vulnerabilities as ghost and duplicate login IDs, deactivated requirements for password resets, and remote access for some procurement employees.

Credit: Edin Pasovic/OCCRP

Credit: Edin Pasovic/OCCRP

IFMIS was promoted as a solution for a faster procurement process and more transparent management of public funds. But the way the system was installed and used in Kenya compromised its extolled safeguards, according to auditors.

“There is a human element in the system,” said Ouko. “So if the human element is also not working as expected then the system cannot be perfect.”

The former head of the internal audit unit at the health ministry, Bernard Muchere, confirmed in an interview that IFMIS can be manipulated.

Masking the Setup

Ms Mukeli, the co-owner of Tira Southshore and Ameken Minewest, is the niece of Mrs Nyamai, according to local sources and social media investigation, although she denied the relationship to reporters. According to her LinkedIn profile, Ms Mukeli works at Kenya Medical Supplies Agency, a medical logistics agency under the Ministry of Health, now embroiled in a COVID procurement scandal.

Ms Mukeli’s mother, who is the MP’s elder sister, co-owns Icpher Consultants Company Ltd., which shares a post office box with Tira Southshore and Mematira Holdings Limited, which was opened in 2018, is co-owned by Mrs Nyamai’s husband and daughter, and is currently the majority shareholder of Ameken Minewest. Documents also show that a company called Icpher Consultants was originally registered to the MP, who was listed as the beneficial owner.

Co-owner of Tira Southshore Holdings Limited, Abigael Mukeli, described the company to reporters as a health consulting firm. However Tira Southshore also holds an active exploration license for the industrial mining in a 27-square-kilometer area in Kitui County, including in the restricted South Kitui National Reserve. According to government records, the application for mining limestone in Mutomo sub-county — Nyamai’s hometown — was initiated in 2015 and granted in 2018.

Mukeli is also a minority owner of Ameken Minewest Company Limited, which also holds an active mining license in Mutomo sub-county of Kitui, in an area covering 135.5 square kilometers. Government records show that the application for the mining of limestone, magnesite, and manganese was initiated in 2015 and granted in 2018. Two weeks after the license was granted, Mematira Holdings Limited was incorporated, with Nyamai’s husband and daughter as directors. Today, Mematira Holdings is the majority shareholder of Ameken Minewest, which is now in the process of obtaining another mining license in Kitui County.

According to public documents, Ameken also dabbles in road works and the transport of liquefied petroleum gas. And it’s been named by the Directorate of Criminal Investigations in a fuel fraud scheme.

Yet another company, Wet Blue Proprietors Logistics Ltd., shares a phone number with Tira Southshore and another post office box with Icpher Consultants Company Ltd., according to a Kenya National Highway Authority list of pre-qualified vendors.

Family LinksMrs Nyamai and her husband co-own Wet Blue. The consulting company was opened in 2010, the same year that the lawmaker completed her PhD work in HIV/AIDS education in Denmark.

Wet Blue was licenced in 2014 as a dam contractor and supplier of water, sewerage, irrigation and electromechanical works. It’s also listed by KENHA as a vetted consultant for HIV/AIDS mitigation services, together with Icpher Consultants.

It is unclear why these companies are qualified to deliver all these services simultaneously.

“Shell companies receiving contracts in the public sector in Kenya have enabled corruption, fraud and tax evasion in the country. They are literally special purpose vehicles to conduct ‘heists’ and with no track record to deliver the public goods, works or services procured,” said Sheila Masinde, executive director of Transparency International-Kenya.

Both MOH and Ms Mukeli refused to confirm whether the ordered supplies were delivered.

Mrs Nyamai also co-owns Ameken Petroleum Limited together with Alfred Agoi Masadia and Allan Sila Kithome.

Mr Agoi is an ANC Party MP for Sabatia Constituency in Vihiga County, and was on the same Health Committee as Mrs Nyamai, a Jubilee Party legislator. Mr Sila is a philanthropist who is campaigning for the Kitui County senate seat in the 2022 election.

Juliet Atellah at The Elephant and Finance Uncovered in the UK contributed reporting.

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