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ELECTION 2017: A Silent Panic in Kenya

Fearing a repeat of the 2007/8 post-election violence, Luo and Luhya men in Nairobi and Naivasha are sending their families to their ‘rural homes’

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About a month ago, I bumped into an old friend by sheer chance on the streets of Nairobi. Night Atieno and I grew up together in the same city estate and, although we hardly met thereafter, every encounter was an opportunity to catch up and laugh about the good old estate days.

After the usual exchange of pleasantries, Night straightaway asked me what my thoughts on the impending August general election were. “We are planning to vote very early in the morning, after which we must leave town by latest 9am,” she said. “We will then drive all the way to Mwanza. By nightfall, Inshallah, we shall be taking supper with my in-laws.” Mwanza, the second largest city, after Dar es Salaam, is the lakeshore town in the northwestern region of Tanzania.

THIS TIME, THERE’S NO GOING TO THE SUPREME COURT

Looking at me right in the eyes, she whispered: “Listen, this time, there’s no going to the Supreme Court.” She was referring to the first ever Presidential Election Petition case No. 5 taken to the inaugural Supreme Court of Kenya in March 2013 by the Coalition for Reform and Democracy (CORD), the opposition coalition led by Raila Amolo Odinga, seeking to overturn the election victory of the Jubilee coalition led by Uhuru Muigai Kenyatta, today the fourth president of Kenya.

On March 9, five days after the general election that was held on March 4, 2013, Independent Electoral and Boundaries Commission (IEBC), through its then chairman Issack Hassan, announced the election results thus: Uhuru Kenyatta — 6,173,433 votes which constituted 50.07 percent of the total votes cast, beating Raila’s 5,340,546, which comprised 43.31 percent.

Suing the IEBC on March 16, 2013, Raila sought to stop the swearing in of Uhuru as a president. It never came to pass. Uhuru was sworn in as the president on April 9, 2013 at Kasarani Stadium.

The Supreme Court judges led by then Chief Justice Willy Mutunga, in arriving at their verdict, said: “In summary, the evidence in our opinion, does not disclose any profound irregularity in the management of the electoral process, nor does it gravely impeach the mode of participation in the electoral process by any of the candidates who offered himself or herself before the voting public.”

The judges further said: “It is not evident, on the facts of this case, that the candidate declared as the president-elect had not obtained the basic vote-threshold justifying his being declared as such. We will therefore disallow the petition, and uphold the presidential election results as declared by IEBC on March 9, 2013.”

That Supreme Court judgment read under less than 10 minutes cast a shadow of devastation and disquiet over the opposition’s core supporters. The promulgation of the new Constitution in August 27, 2010, had created the hitherto new Supreme Court and heralded a new confidence in a much-maligned justice system among Kenyans in all walks of life.

So, when Raila went to the Supreme Court to seek electoral justice, his loyal supporters who had just fervently voted for him, believed in the benign promise of a new court that had promised to dispense justice without fear or favour. It is not hyperbole to state that ever since the reading of that very short judgment by former Chief Justice Willy Mutunga, a majority of Raila’s supporters have yet to overcome the spirit of deflation that engulfed them.

When Raila went to the Supreme Court to seek electoral justice, his loyal supporters who had just voted for him, believed in the benign promise of a new court that had promised to dispense justice without fear or favour

To date, the subject of one of the shortest judgements ever passed by a Supreme Court, has become a taboo narrative among opposition supporters and even among some of the leading lawyers across the country. “Let’s just put it this way,” a prominent Nairobi lawyer who did not want his name disclosed, told me, “The Supreme Court failed in its maiden moment to inspire confidence among Kenyans. It made this worse by its mode of presentation of the verdict.” The lawyer said even among themselves as senior counsels, the conversation around the Supreme Court judgement leaves “a sour taste in the mouth.”

In a parting shot, Night, who is a businesswoman, told me “Kama mbaya, mbaya…wacha wanaume waonane.” If the worst comes to the worst…so be it. Let men face each other!

Night’s scheduled temporary migration in August is part of a silent movement that has been taking place since December among the people of Nyanza and the larger western Kenya who live in Nairobi city, Eldoret and Naivasha towns.

“In the guise of travelling upcountry for Christmas holiday 2016, many family men from the ghettos of Nairobi transported their wives and children to their rural homesteads in Nyanza and Western Kenya,” said my source who spoke to me in confidence. “The month of December was just the right time because the children were on holiday, were relocating to their rural homes and so there was ample time to transit to new schools.”

“I’m a board member of a school in Siaya County,” my confidant told me. “When we sat in January 2017, to admit fresh pupils and pupils seeking transfers, we dwelt mainly with parents from Nairobi and Eldoret.” Investigating further on where the parents from Nairobi were from, he found out they largely came from Kariobangi North, Mathare North, Mathare 4A, Ngei/Huruma and Ngomongo.

It is not for nothing that the parents from some of the toughest slums of Nairobi are sending their children and extended family back home. These slums, today divided between Embakasi North, Mathare and Ruaraka constituencies, were the sites of bloodletting following the bungled December, 2007 general election that led to at least 1,400 people getting killed and 600,000 Kenyans displaced countrywide, especially in the Rift Valley region.

These ghettos, which are inhabited largely by the two “antagonist” ethnic communities — the Kikuyus and Luos — exploded into violence on December 30, 2007, when young men from the two communities faced off with weapons such as daggers, hunting knives and, pangas.

NOBODY IS TAKING ANY CHANCES, ESPECIALLY IN THE NAIROBI SLUMS

Regardless of whatever outcome is anticipated a month from now, given the heightened tensions, “Nobody is taking any chances, least of all the people living in the slums, who bore the greatest brunt of the violence,” said my informant.

If the slums are witnessing a vertical exodus, that of families moving from the urban to the rural, the men who have remained behind have been also moving, but horizontally. In Ngei and Huruma slums, which are in Mathare constituency, and are adjacent to each other, Luo and Luhya men have been changing houses, moving closer to their kinsmen within the same area. In the sprawling Mathare slum. for example, there are areas that are predominantly populated by Kikuyus, while others are populated by Luos. This “cross-border” movement — of shifting rented accommodation to beef up and secure their respective ethnic group safety— has been going on since January.

If the slums are witnessing a vertical exodus, that of families moving from the urban to the rural, the men who have remained behind have been also moving, but horizontally

In the peri-urban areas bordering the city on the south, a similar movement has been also taking place. Non-Kikuyus, mostly Luos living in the Riruta Satellite area, too have been sending their family back to their ancestral homes in western Kenya. Riruta Satellite is a quasi-rural, quasi-ghetto,village bordering the Waithaka area, mainly populated by Kikuyus.

Translation: We have been neighbours. On 8th of August don't divide us

Translation: We have been neighbours. On 8th of August don’t divide us

Riruta and Waithaka areas are in Dagoretti South constituency, which in Kenyan political parlance “belongs” to the Jubilee Party coalition. A friend — a veteran journalist who worked for the defunct Kenya Times in the 1980s and is from the Luo community and who has lived in Riruta Satellite for close to three decades — confided to me that his kinsmen have been shipping their families back home during the December and Easter holidays.

To the north of Riruta is Kawangware, a sprawling ghetto today populated equally by Kikuyus and Luhyas. Many Luhya families were settled in Kawangware and Kangemi areas, which are in Dagoretti North and Westlands constituencies respectively, during the time of Fred Gumo when he was appointed as a City Council commissioner by former president Daniel Arap Moi in 1989. Gumo was later to serve as a three-term MP for Westlands.

GET THE AWAY FROM SODOM

The Luhya families, like their counterparts from the Nyanza region, have relocated their wives and children — “Wacha wao waende nyumbani tubaki tukilinda mji (Let the women and children be sent away so that we men can remain to guard the homes),” a Luhya man from Sodom told me. Sodom is a sprawling slum in Kangemi that stretches down to the valley that borders the leafy suburb of Lavington.

During the 2007-2008 post-election violence, Sodom, especially the area around Kihumbu-ini Primary School and Kangemi gichagi (village), became a site of violence pitting the Luhya community against the Kikuyu, who consider themselves indigenous to the area.

The slumlords who had built the timber shacks rented by the Luhyas quickly changed sides and, as the violence spiralled into us vs them, meaning the Kikuyus versus anybody else, whoever was deemed not to have voted for president Mwai Kibaki was harassed and even killed.

Mungiki, whose peripheral meaning is translated as the multitude, is a Kikuyu youth movement that began in the plains of Ng’arua and Sopili in Nyahururu around 1987. Over the years, it mutated into a militia for hire by the political elite.

Thiong’o, who is a landlord in Kangemi, told me there is a silent face-off between the Kikuyus and Luhyas: “Right now, we are not talking to each other [meaning no discussions that may lead to politics] until August 8. But we are ready for them. If they think they will be voting Raila so they can be paying reduced rent… they are in for a rude shock. We landlords have agreed that in the very unlikely event Raila is sworn in as president, we would rather burn the houses than see these western people dictate to us the rents we charge.”

Still, with all his bravado and ethnic machismo, Thiong’o nevertheless whispered to me that once he has voted, he will be gone to his rural home in Murang’a to follow the vote count among his relatives.

“Kikuyu tenants too have been changing houses and moving closer to their fellow kith and kin,” said a tenant I interviewed recently. “If you may recall, there used to be a village called Kijiji cha Chawa (the louse village), sandwiched between Huruma and Mathare 4A, that was largely inhabited by Kikuyus. Many of them were killed [during the 2008 post-election violence]; those who were able to escape, ran away, and whatever was left was destroyed youth from the Luo community.” Today, what used to be a slum dwelling is a playing field connected to Huruma by a footbridge.

“The Kikuyu landlords are aware of these movements, but they will not talk about them openly,” said a landlord from Huruma, who spoke on condition of anonymity. “In fact, some of them are abetting these movements, as they also prepare to secure and safeguard their property.” Once bitten, twice shy. Landlords who burnt their fingers in the violence following the 2007/8 general election have come up with ingenious ways of ensuring their steady income is not interrupted and their property not destroyed.

“Kikuyu landlords, the majority of whose tenants are Luos, have evolved a symbiotic relationship with them. The tenants have been given the freedom to pick one of their own as the buildings’ caretakers, collecting rent on the landlords’ behalf, as they also ensure that the buildings are well maintained.”

In the Kibera slum, quiet movements have been taking place. For instance, Kikuyu families living in Gatwekera village, which is largely composed of Luos, have been relocating to Laini Saba village, nearer to their fellow Kikuyus

The horizontal movements have not only been taking place in the northeastern slums of Nairobi. In the infamous Kibera slum, quiet movements have been taking place as the country hurtles towards elections. For instance, Kikuyu families living in Gatwekera village, which is largely composed of Luos, have been relocating to Laini Saba village, nearer to their fellow Kikuyus.

The regrouping of the menfolk along ethnic lines in the major ghettos and peri-urban areas of Nairobi is to create buffer zones, just in case the violence of 2007/8 is repeated. “It is as if you were watching a pantomime: There are a lot of rhythmic motions by silent men, who very well know what they are plotting against each other, but nobody has the guts to stop and say; ‘But why are we doing this to one another?’,” observed my confidant.

Barely 100km northwest of Nairobi, Naivasha, one of the towns in the Rift valley region that was badly affected by the 2007-2008 post-election violence, is witnessing its own vertical and horizontal migrations. Presiding over a memorial service in the town in mid-June, Nakuru Catholic Diocese head Bishop Maurice Muhata observed, “Some families are transporting their children to their rural homes ahead of the election and this is very wrong.”

A cosmopolitan town mainly populated by Kikuyus, Naivasha nonetheless has a minority migrant labour force mostly drawn from Nyanza and western Kenya, who are employed as casual labourers in the large mechanised flower farms in Karagita, Kawere and Kongoni on the Moi South Road. Ten years ago, as the violence spread into the inner towns, Naivasha and Nakuru’s migrant workers bore the brunt of revenge violence by marauding Mungiki youth imported into the towns to murder and pillage the Luo people and their property.

Since the trashing of the presidential petition on March 30, 2013, the silent narrative out there among the opposition’s legion of supporters has been that there is no turning to the (Supreme) Court and there is no crying foul in case their party is (at least to their minds) unfairly defeated yet again. Beginning in 2016, this resolve has been gaining currency, telling opposition supporters that they should be prepared for any eventuality.

WE ARE NOT GOING TO TAKE THIS LYING DOWN

The National Super Alliance (NASA) presidential flagbearer Raila Odinga seemed to feed into this urgency when in an exclusive press interview at his home in Nairobi’s Karen suburb, he told the interviewer on January 28: “I have said clearly, we are democrats. We would like to have a fair game. If we lose unfairly, we will not accept… We are saying we are not going to take it lying down this time round.”

Roundi hii kutawaka nare” (this time round, there will be real fire), a fiercely loyal supporter of the opposition told me last year. “Ile gwoko ya 2007, itakuwa chai ya saa nne,” (The violence that erupted in 2007 will be likened to ten o’clock tea). Middle-aged and going by the moniker Roger Millah, the Luo man declared, matter-of-factly: “Electoral theft cannot be allowed to continue unchecked; this thing has to be sorted out once and for all.”

For Florence Kanyua, a vocal Bunge la Mwananchi (people’s parliament) activist from Nairobi, there is no mincing of words: “Every Kenyan is hoping for a peaceful election, but a peaceful election does not mean we should not demand justice and when that justice is taken away, we are expected ‘to move on’, just because, apparently, Kenyans love their peace. This time, Kenyans will say no monkey business. The governing coalition has been warned that it cannot steal the election once again and hope to get away with it.”

Kanyua was addressing her fellow Bunge members, who have created their own space at the cross-section of Mama Ngina Street and City Hall Way, right in the CBD centre. Here, the members congregate in the evenings from 6.pm-8.30pm to dissect the day’s political happenings. When we met, she had a special topic she wanted to lecture them on.

“The church does not know what it’s talking about, because it has been overtaken by events. Its peace message is tired and useless — what we need is justice, not peace,” her tenor voice boomed, reverberating beyond the ethnically diverse group of men who surrounded her. “In 2007, when the peace message would have made sense, the church was nowhere to be found or heard; it had compromised itself by taking sides in the politics of the day.”

The result, Kanyua told her crowd, was that the church lost its credibility because it had become partisan. “Kenyans were killed in a church in Burnt Forest in Eldoret — where was the voice of the church when Kenyans needed that voice most? It was nowhere. Why? Because the church became part of the post-election violence. The church ought to know Kenyans are a peaceful people: what they are craving for is justice. The church should not douse us with its peace rhetoric.”

The truth of the matter is Kanyua was not saying anything new. Months after a peace agreement had been ironed out between President Mwai Kibaki and opposition leader Raila Odinga in February 2008, with the help of former United Nations secretary general Kofi Annan, I had a long chat with a Diocesan Catholic priest from the Archdiocese of Nairobi.

Every Kenyan is hoping for a peaceful election, but a peaceful election does not mean we should not demand justice and when that justice is taken away, we are expected ‘to move on’, just because, apparently, Kenyans love their peace. This time, Kenyans will say no monkey business

“Why did the Catholic Church — the largest, most influential and powerful church in the country — fail Kenyans in the 2007-2008 post-election violence?” I asked him. “The church did not fail Kenyans in 2007/8,” said the priest, who spoke to me on condition that what we were discussing was strictly between a parishioner and his confessor. “The post-election violence was the culmination of a church that had ceded its moral authority to the state five years earlier. The church was reaping the fruits of its lack of moral indignation and its overt indulgence of a state that had come to regard the Catholic Church as its ruling partner.”

In the 1990s, the Catholic Church had thrown it weight behind a fledging opposition that was continually harassed by former president Daniel arap Moi. When, in 2003, Mwai Kibaki, the compromise opposition candidate, floored Moi’s protégé Uhuru Kenyatta, the Church celebrated with the new President.

After all, he was a Catholic, “But fundamentally, the then head of the Catholic Church in Kenya, retired Archbishop Ndingi Mwana ’Nzeki, was a friend of Kibaki,” the priest reminded me. “The Church literally went to bed with the state. A criticism of the government was considered to be a criticism of the president himself.”

THE CATHOLIC CHURCH LOOKED THE OTHER WAY

The Catholic Church is very hierarchical, just like the military – you must obey your superiors without question. “Individually, a priest is a mere cog in the institutional, powerful wheel that is the Church. You do not want to mess with it — you can be easily crushed.” The priest told me president Kibaki indulged the Church and did its bidding. In return, the Church unquestioningly looked the other way, as his government took the Church’s support for granted, and engaged in wanton corruption.

“I knew the Church had completely lost its moral compass, when in the lead up to the 2007 general election, our brother priests in Central Kenya openly canvassed for president Kibaki from the pulpit.” The priest told me that some of his fellow priests went beyond their call of duty to invite politicians to politick from the pulpit itself. “The Church had become the state and the state had become the Church.

“Should it shock anyone that when political violence threatened to blanket the country, the Catholic Church did not stand up to be counted?” asked the priest. “The post-election violence aftermath divided the Episcopal Conference of Bishops so much that they never could agree on anything for a long time. The violence had divided the bishops on ethnic fault lines with great bitterness and so too the legion of priests working in the thousands of parishes spread all over Kenya.”

The priest nostalgically told me how he longed for the days when the Church was led by the late Michael Cardinal Maurice Otunga. “Yes, he was conservative, yes, he was pro-establishment — but pro-establishment with checks and balances.” The priest told me even president Moi knew his limits with Cardinal Otunga. “In his reign, as cardinal, he never allowed the Church to be divided along ethnic lines and would never have allowed any politician —including president Moi — anywhere near the Catholic Church pulpit.

“How we miss the pastoral letters penned by the Episcopal Conference of Bishops then: They were direct, powerful and spoke to the heart of the nation. After addressing the nation and the government through the letter, Cardinal Otunga would direct the letter be read and communicated to the Catholics parishes all over the country.”

Two days before Raila and his NASA team went to campaign in Tharaka Nithi County in Meru on June 16, 2017, I visited a printing press on River Road in downtown Nairobi. The press, owned by a Tharaka man, was incidentally printing flags and posters to be used in NASA’s rally. Out of the blue, he said: “Hawa watu wamezoea kuiba kura za Raila, wajaribu tena… kutawaka moto. (These people who are used to stealing Raila’s votes, we dare them to try again….they will be starting a fire).”

THE SPECTRE OF VIOLENCE HAUNTS KENYA

Although I have been conducting my interviews in formal English and Kiswahili and very often in Sheng, not even that lyrical “rebel” language spoken in the ghettos and county council estates of the Eastlands area aptly captures what Kenyan writer Yvonne Owuor calls the third official language of Kenya — the language of silence (after English and Kiswahili). As these “political” realignments in the ghettos of Nairobi take place silently, but openly, in anticipation of an ominous “uncertainty” a spectre could be haunting Kenya — the spectre of violence.

“Uncertainty is not a good experience,” a Kenyan university don told me recently. “Since 2007, uncertainty in the Kenyan political terrain has come to mean a foreboding of violence.” We were having a sumptuous lunch in an exclusive Nairobi club, where the nouveau riche pontificate on the shifting sands of Kenyan politics far from the madding crowd.

The Kikuyus living in the North Rift would be well advised to take leave before August 8. They live there at the mercy of the Kalenjins. They should not wait to be collateral damage

“Let us not us not kid ourselves,” said the professor, who asked that I should not reveal her designation. “After the post-election violence of 2007-2008, our national politics has never been the same again.” The don, a Kikuyu, teaches at Kabianga University in Kericho County. “I timed my 2017 annual leave to fall in the month of August. I am not taking any chances.”

She observed how her boss, a Kalenjin professor, had, with a light touch, teased her about being timid. “I thought now we are on the same side?” She said she laughed about it, but still presented him with her leave form. “It is better to be safe than sorry.”

“I was there when the March 2016 Kericho Senator seat by-election took place,” she explained. “Although it was strictly a family feud, there was an eerie feeling that if matters were to get out of hand, violence would erupt.” Seemingly thinking aloud, she added: “The Kikuyus living in the North Rift would be well advised to take leave before August 8. They live there at the mercy of the Kalenjins, They should not wait to be collateral damage. I mean if things were to go wrong…”

The crux of the matter is that the relationship between the Kikuyus and Kalenjins in the Rift Valley region has always been fragile and frosty. Since the orgy of violence that visited the North Rift after the 2007 general election, the area has remained a powder keg of bottled up emotions.

The International Crisis Group addresses the professor’s fears in its latest report, Kenya’s Rift Valley: Old Wounds, Devolution’s New Anxieties. It quotes a governance expert saying: “The alliance between the Kikuyu and Kalenjin following Jubilee’s 2013 election victory lulled many into believing historical foes were on an ‘irreversible’ course to overcoming animosities. Yet Rift Valley reconciliation remains superficial. What we have is negative peace … calm.”

This false calm seems to have reared its ugly head once again in Eldoret town and its environs. After the shambolic and bruising Jubilee Party nominations in April, the battle for the Uasin Gishu County governor’s seat has boiled down to a fight between the incumbent Jackson Mandago and Zedekiah Bundotich Kiprop alias Buzeki, a middle-aged, lean, bespectacled nouveau riche, who is running on an independent ticket and looks poised to snatch the seat from Mandago.

Feeling the heat from Buzeki, the exiting governor has resorted to the time-tested politics of us versus them in his bid to fend off the younger contestant, invoking the lingo of “aliens amid our people.” Mandago and his allies have been sending a menacing warning to outsiders who must know their place or else… vacate the county forthwith.

The aliens being referred to here are the Kikuyus, who are mostly to be found in Eldoret town itself and in its satellite towns such as Turbo. In Turbo, most Kikuyus are concentrated in Huruma ward, the most populous ward, so much so that the Member of the County Assembly is also a Kikuyu. Ditto Market ward in Eldoret town. It is populated by Kikuyu people, most of whom are traders. Market ward’s MCA is also a Kikuyu.

Why do the Kikuyus in the North Rift find themselves, once again, in the shadow of the valley of death — even though “they are on the same side with the Kalenjins?”

When the violence of 2007/8 erupted in the North Rift, Huruma and Market wards were the most affected. No prizes for guessing why.

In 2014, I travelled to Karatina, a market town about 100 km north of Nairobi, on the Nairobi-Nyeri highway, to meet one Njeri from Nyeri town. Njeri had been one the biggest mitumba (secondhand clothes) traders in Eldoret town. She had lived in the town — to be precise, in Market ward — for 15 years. “I had built my business from scratch. Every Eldoret resident knew me as ‘Njeri wa Mitumba.’ I was successful, I had made it. But then the 2007 general election came and everything all of a sudden went topsy-turvy.”

Between sips of cold White Cap beer at Star Bucks Hotel, Njeri narrated to me how on December 30, 2007, her world came crashing down. “The arsonists specifically went looking for my godown. They bayed for my blood. But before they got me, they torched the godown and my Ksh5 million stock went up in flames.”

What saved her life, she told me, was that her Kalenjin friend called her in the dead of the night and asked her to leave the town immediately. “Don’t take anything — just go.”

How has this old man ever wronged us? If Raila led this country, what would happen? Let him now lead so that there can be fireworks. We the Kipsigis people are tired of the chicanery shown to us by these two thugs , Uhuru and Ruto

“I went back to my folks’ place in Nyeri town, where I grew up, with nothing but the clothes I had on.” Seven years later, she was yet to rebuild her life — not so much in terms of capital to start a new life, but that she had yet to adjust to Nyeri life. “Eldoret had been my home. I went there as a determined young girl ready to sacrifice and work my arse off.”

Njeri told me that when, in 2013 Uhuru Kenyatta and William Ruto teamed up to run for the presidency, she was devastated. “My fellow Kikuyus from Nyeri could not understand me, but then how could they, I had spent my adulthood in the Rift Valley diaspora and that is when it dawned on me that there is a huge difference in how ancestral Kikuyus and diaspora Kikuyus view national politics.”

AN ARMISTICE WRITTEN ON QUICKSAND

As I headed back to Nairobi and she to Nyeri, she stated that political violence will always stalk the Kikuyus in the North Rift. “Have the people who perpetrated the violence ever been punished? The artificial armistice between the Kikuyus and Kalenjins is written on quicksand.”

The rumour in the town is that Buzeki, whose wife is allegedly Kikuyu, will attract the Kikuyu votes – which, if that happens, could be the game changer. The intra-Jubilee Party political squabbles are nowhere near safer for the Kikuyu community in the tumultuous North Rift than they were in the lead up to the December 2007 general election. “We will count the votes Buzeki gets and if he gets 100 votes, then a certain community will have to move out of Eldoret,” Mandago is quoted to have said.

Yet something more sinister allegedly took place in Eldoret that went unannounced. Early in February 2017, when the IEBC opened voter registration centres countrywide, Mungiki youth were purportedly shipped from towns such as Nairobi and Nakuru to register in Eldoret North constituency, Deputy President Ruto’s former constituency. It did not take long for the local community to realise there were “strangers” among them. According to reports, the young men were thrown out of town and the story did not reverberate beyond Eldoret.

All this despite the fact that Deputy President William Ruto, whose International Criminal Court case once threatened to tear up the manuscript on which the Kikuyu-Kalenjin truce was written, has stayed united with President Uhuru Kenyatta.

The International Crisis Group report notes that the “dismissal of Ruto’s case [in April 2016] brought particular relief in Rift Valley, where uncertainty over his fate was beginning to sow division within the governing coalition. Claims Kenyatta was not doing enough to get his Deputy President off the hook fed Kalenjin mistrust, heightening fears of renewal of inter-communal tension.”

Yet, with a section of the Kalenjin nation seemingly throwing its support behind the opposition coalition NASA, it is likely that were violence to start, it would consume Bomet County and the adjoining towns of Kericho and Sotik, says Ali Abkula. Abkula was The National Alliance (TNA) political director in the lead-up to the 2013 general election. TNA is the political vehicle that President Uhuru used to ascend to power.

Bomet County Governor Isaac Ruto in April 2017 joined the NASA Four — Raila Odinga, Stephen Kalonzo Musyoka, Musalia Mudavadi and Moses Wetangula — to form the Pentagon. Ruto is a Kipsigis, the largest and the most populous of the nine Kalenjin sub-tribes. They mostly inhabit the South Rift and for the better part of Jubilee rule, have been complaining of how they have been receiving the short end of the stick from the Jubilee government, even after voting for the coalition en masse in 2013.

On the weekend of June 17-18, Ruto addressed a rally in Nakuru town and hit out at both President Uhuru and his Deputy William Ruto (no relation). Reminding them that the country does not belong to two tribes — the Kalenjins and Kikuyus — he accused them of sending the country down the drain. He told the crowd what the electorate wanted was justice and not war. “Sisi hatutaki vita….tunataka kupiga kura kwa amani ndio tupate haki… wasitutishe. (We do not want war…what we want is to vote peacefully and get justice…we will not be threatened).”

Among the Kikuyu speakers, an eight-minute video clip has been making the rounds through the social media, warning them of relinquishing power to the opposition

The community’s beef with the senior Ruto, the Deputy President, who himself is a Kipsigis, but grew up among the Nandis of Eldoret after his parents migrated north in the late 1960s, is that he dished out all the plum state jobs to the Nandis and neglected to fulfil the development promises he lured them with.

An elderly Kipsigis man, having tea in a kibanda (roadside shack) in Kericho town in early June, got into an argument with fellow tea customers about the forthcoming elections. In a fit of anger and fury, he stood up and said: “Saa yote huyu mzee…. Saa yote huyu mzee… Huyu mzee ametukosea nini? Kwani Raila akiongoza itakuwa nini? Wacha sasa aongoze moto iwake. Sisi Kipsigis tumechoka na uongo wa hawa majambazi wawili (Every time this old man….Every time this old man. How has this old man ever wronged us? If Raila led this country, what would happen? Let him now lead so that there can be fireworks. We the Kipsigis people are tired of the chicanery shown to us by these two thugs (Uhuru and Ruto).”

Determined to slice off a chunk of the huge Kalenjin consolidated vote, Governor Ruto has stoked real fear in the heart of the Jubilee coalition. “Sometime early this year, the Kipsigis elders met and gave the Governor the go-ahead to form an alliance with the opposition NASA,” an elder from the community said to me.

On June 17, Emurua Dikirr outgoing MP Jonathan Ng’eno was in Narok North attending a funeral service. Looking visibly agitated he asked the congregation: “Kwani tukipigia Raila kura tutakufa? (If we choose to vote for Raila, are we going to die?)”

“The intransigency and the digging in by both Jubilee Party and NASA is ominous,” says Ali. “It does not augur well for the country. Like in the 2007 general election, the August 8 election involves the unseating of an incumbent.” Such a scenario, he says, is always fraught with overtones of political violence.

On the same day Ng’eno was telling his constituency they could vote for the opposition leader Raila Odinga, Raila himself was telling the Maasai people in Kajiado County to not dispose of their land hastily. The comment was quickly hijacked by Jubilee Party aficionados who used this remark to paint Raila as a warmonger. No sooner had Raila finished uttering those words than leaflets were already in circulation in the county.

“We woke up the following day to find leaflets strewn everywhere and pinned on electricity poles saying that ‘foreigners’ such as Kikuyus and Kisiis should vacate Kajiado,” said Mzee Kanjory who lives in Corner Baridi. Mzee Kanjory said that many of the leaflets were dropped off in the Pipeline area. Pipeline is the stretch between Isinya and Kiserian towns.

“This area is really cosmopolitan; Kikuyus, Kisiis, Luhyas, Luos, Maasais all have invested in this area,” said Mzee Kanjory. “It would be a good starting place to foment ethnic tension in Kajiado County.” If violence were to occur in Kajiado, the Mzee assured me, it would be brutal and genocidal.

“This is a county that has been harbouring festering wounds for a long time among the local Maasai people, who, even though they sold their land on a willing-buyer willing-seller basis, still feel they were cheated. It would only take a small trigger to ignite an inferno.”

The forthcoming general election, which is already showing signs of being the hottest contested ever, has put Kenyans on edge. Among the Kikuyu speakers, an eight-minute video clip has been making the rounds through the social media, warning them of relinquishing power to the opposition. Entitled Mt Kenya Group — Ngai Emwena Witu — “God is on our side,” the video is a montage of Kikuyu popular songs carefully selected to evoke ethnic passions, as well as to create a siege mentality among the larger Kikuyu community.

The lyrics disguised as a clarion credo to rally The House of Mumbi — a catchphrase used by ethnic bigots to evoke a sense of emotional oneness among the Kikuyu nation — are a subtle call to arms if the opposition NASA coalition were to wrest power from the Kikuyu.

CALING ALL KIKUYUS

Calling all Kikuyus, wherever they are, to vote for President Uhuru Kenyatta, the jingoism expressed in the amateur production is frighteningly unabashed and unapologetic in its war cry: “We must protect Uthamaki (political king) at all costs. We must stop the opposition from capturing power by all means. We will not accept to be defeated, because defeat does not exist in our lexicon. Therefore, the House of Mumbi cannot be defeated.”

In a bizarre request to the Inspector General of Police Joseph Boinnet, the Kiambu County governor seat candidate and Kabete MP Ferdinand Waititu asked him to deploy only Kikuyu police officers to the county. “The deployment is the only way our people will effectively communicate to the police and therefore boost security,” said Waititu on June 29.

With a fidgety ruling coalition seemingly under siege from a resurgent opposition, determined to snatch power from a faltering coalition — but one with immense powers of incumbency — we could be headed for a civil war if the election is not properly conducted.

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Mr Kahura is a senior writer for The Elephant.

Politics

SportPesa: It’s Time for This Kleptocracy to End Kenya’s Billion Dollar Sports 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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Politics

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