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THE FINAL LAP: Will NASA catch Jubilee?

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This article is the second in a series of three written for The Elephant, following on from the piece released on 28 June 2017, in which I tried to assess the state of play in Kenya’s electoral cycle and made educated (or otherwise) predictions on the results (https://www.theelephant.info/future/2017/06/28/the-numbers-game-predicting-winners-and-losers-in-the-august-2017-poll). The third and final of these articles on Kenya’s upcoming elections will be released just before polling day.

As in my 28 June piece, I’ll start by saying that this is a non-aligned analysis, descriptive rather than campaigning for either side. But it is not static. I update the analysis as circumstances change and my knowledge improves. This update looks at events since mid-June and improves the granularity of some predictions. It also looks specifically at the gubernatorial contests in more detail.

Both alliances are running nationwide programmes of rallies, alternating between attack and defence, parry and riposte, as they campaign in marginals, strike into their opponents’ strongholds and occasionally return home to shore up support.

At the national level the opposition alliance NASA is still doing well and has had the best of the media contest, with strong social media support counteracting a slight alignment for Jubilee (as the party of government) in the mainstream mass media. Both parties are spending fortunes. In Jubilee’s case, its campaign is buttressed by some cabinet secretaries (i.e. government ministers), theoretically non-political presidential appointees and salaried civil servants, who are openly campaigning for the incumbent Uhuru Kenyatta and his deputy William Ruto at public rallies. There is also gentle pressure on the ground from the local administration in some areas. The recent death of Interior Security Cabinet Secretary Joseph Nkaissery will distract and destabilise Jubilee slightly, but is unlikely to affect either process.

Both alliances are running nationwide programmes of rallies, alternating between attack and defence, parry and riposte, as they campaign in marginals, strike into their opponents’ strongholds and occasionally return home to shore up support. Both have capitalised with some success on the key insurgencies mentioned in June. NASA had a spectacular rally in Isaac Rutto’s Bomet (part of Ruto’s Kalenjin heartland) on 1 July, while Uhuru Kenyatta and Ruto led a three-day series of campaign rallies across Ukambani, Kalonzo Musyoka’s home turf, backed by local MPs who have defected to Jubilee. Raila Odinga even campaigned recently in Kenyatta’s home Kiambu without incident. Odinga led a punishing series of 100 rallies nationwide during June, an amazing workload for a 72-year old, though he appears in good health. Both alliances are campaigning for a “six piece suit” in their strongholds (i.e. party ticket voting down the line), though both have faced resistance from voters.

There has been only one national opinion poll released – the Infotrak poll released on 30 June. This was a restricted poll with some methodological questions, sampling only 2,000 voters in 29 counties. But the results tell a consistent story with the previous Ipsos survey – Kenyatta remains ahead by 48% to 43% for Odinga, though with a narrowing gap, a significant number of “undecideds or won’t tells” and less than 1% for all of the other candidates combined.

Despite the Jubilee’s campaign focus on its development achievements (or “growing the cake”), endemic state corruption remains a widespread concern, even amongst supporters. This is the administration’s greatest weak spot, though in truth there is little to suggest that the NASA administration would be any less corrupt once it settles in.

Both parties have also released their manifestos. As Ken Opalo describes in his blog (https://kenopalo.com/2017/07/01/making-sense-of-competing-visions-of-kenya-in-the-jubilee-nasa-manifestos) , on a left-right axis, the Jubilee manifesto is more right-wing (pro-private enterprise, reduced state role, conservative, more stress on security) and the NASA one more left-wing (more state intervention, more language of change and greater effort to create equity of outcomes). But what parties say in their manifestos are only the loosest guide to what they might do in practice and these manifestos, while necessary to maintain the illusion that they are programmatic parties, mean very little electorally. For most of the players and many of the voters, it is as much about who will get to “eat” as how much “cake” there will be.

Despite the Jubilee’s campaign focus on its development achievements (“growing the cake”), endemic state corruption remains a widespread concern, even amongst supporters. This is the administration’s greatest weak spot, though there is little to suggest that the NASA administration would be any less corrupt once it settles in. NASA applied no more ethical criteria on its candidates than did Jubilee. The recent discovery that Jimmy Wanjigi, repeatedly mentioned unfavourably during the Anglo Leasing cases, is now backing NASA, only reinforces the perception that the noses in the trough might change with a NASA win, but the trough will remain the same.

As a result of the latest opinion poll, recent events and feedback from correspondents, I have made a few changes to the model which I used to predict the results in June. I received several messages about specific regions in response to my 28 June article. Some argued that Odinga’s support in Meru was higher than I assessed it to be. I have reviewed the argument but have decided not to change position on this. Odinga made the same claims in 2013, and although NASA clearly has some traction, he has lost local elite support since then, not gained it. Others argued that Kenyatta’s support in Western was significantly higher than I had assessed it to be and that he might get 20%-plus rather than the 10-15% I had assigned him. The May Ipsos poll said the same thing, as does the Infotrak poll, which has Kenyatta at 28% in Western. I have, therefore, slightly increased the Jubilee numbers in a couple of counties, but stayed with the overall view that Jubilee won’t exceed 15% there. I have also increased Odinga’s presidential lead in Nairobi to 53%-47%, buttressed by a small TIFA poll of Nairobi voters in early July, and strengthened NASA’s support slightly in Bomet, Turkana, Lamu and Trans-Nzoia.

Turnout is the key that will decide where the election will be won or lost. In their homelands, voter dissatisfaction for both alliances will be expressed more through reduced turnout than by votes for the other side.

The latest calculations also incorporate the final county-level voter registration figures released by the Independent Electoral and Boundaries Commission (IEBC) on 26 June. Perhaps surprisingly, and confounding conspiracy theorists, this had almost no effect. In the main, the numbers registered fell slightly, as dead voters and duplicates were cleaned. The main exception was in Isiolo and the North-East, where the registered voters grew by 3-4% on the February 2017 numbers, a surprising result from an audit and verification exercise, but it may be due to delays in getting numbers back to Nairobi. The Kisii numbers also grew substantially, but those in the former Central Province fell.

After all these counteracting adjustments, my final prediction is almost unchanged: a Jubilee presidential victory by 53% to 47% (with the other candidates within the 1% rounding) or by 8.6 million for Jubilee to 7.5 million for NASA. There are other models circulating on the Internet and since the first article I have been sent five for comment. Some are grossly incorrect and created for partisan purposes (halving the size of their opponents’ supporters in key areas, for example). Of the two best county-by-county reviews, one argues for an 8.8 million to 7.8 million win for Jubilee and the other for an 8.6 million to 7.7 million win for NASA. No credible model has either alliance close to the “10 million mark” that NASA has set as its aspiration. All the models seen, however, have a key weakness – they assume turnout is constant country-wide, when in previous elections it has differed wildly. In fact, turnout is the key that will decide where the election will be won or lost. In their homelands, voter dissatisfaction for both alliances will be expressed more through reduced turnout than votes for the other side. Apart from a “turnout tsunami”, NASA’s chances for victory seem to depend on keeping Jubilee off-balance, while unearthing and publicising more corruption scandals, and either encouraging an open split in Jubilee, or facilitating the public defection of key Jubilee operatives to NASA.

From the presidency, we turn now to the county level, the most granular level at which it is reasonable to make predictions. In general, members of county assemblies (MCAs), parliamentary seats, women’s representative and senate seats will follow a similar pattern, but it is the 47 gubernatorial contests that have most galvanised politicians and voters as the governors tend to be the leaders of local factional alliances, including candidates for all the other seats.

First though, let’s review what happened in 2013, the first gubernatorial election cycle. Then, CORD did well, better than at other levels of the electoral system, befitting their stance as the strongest supporters of the devolved constitution at the time. Twenty-three governorships (49%) were won by CORD candidates and allies, and 20 (42%) by Jubilee, with 4 (Vihiga, Bungoma, Lamu and West Pokot) won by the Amani coalition or non-aligned candidates. However, many of CORD’s victories were extremely close (their Nyamira Governor, for example, won with only 19% of the vote) and there were several split-ticket results, as three or four serious candidates were contesting.

Compared to 2013, Jubilee will perform slightly better in the governor races, with pro-Kenyatta candidates winning 23 or 24 counties. They are stronger now in Isiolo, Marsabit, Tana River, Wajir and West Pokot than in 2013, though weaker in Narok and Bomet.

 

Turning to 2017, the country is more polarised than in 2013. From three national alliances we are down to two, with half of the original Amani coalition – Musalia Mudavadi’s Amani National Congress (ANC) – now with NASA and the other half – New FORD-Kenya and KANU – with Jubilee. There are, therefore, fewer marginal seats between the alliances and the main challengers for most ODM and Jubilee governors are internal insurgencies from opponents who lost in the primaries (or were rigged out) and then stood as independents, or who set themselves up beforehand as the candidate for a sister party, while supporting the same faction’s presidential candidate. Jubilee has candidates for governor in 45 of 47 counties, while NASA’s gubernatorial candidates include 27 from ODM, 13 from Wiper, 11 from the ANC, 5 from Chama Cha Mashinani and 4 from FORD-Kenya, plus dozens of local independents.

Compared to 2013, Jubilee will perform slightly better in the governor races, with pro-Kenyatta candidates winning 23 or 24 counties. They are stronger now in Isiolo, Marsabit, Tana River, Wajir and West Pokot than in 2013, though weaker in Narok and Bomet. I predict Mike Sonko will defeat Evans Kidero and Peter Kenneth in Nairobi, though there is a slight pro-Odinga majority in Nairobi. Turkana, I think, will be pro-Jubilee overall but ODM’s Josephat Nanok himself might survive. I think Isaac Rutto will win Bomet, but it will not be a landslide and I believe that Bomet County will vote Rutto-Ruto rather than NASA down the line. With Mudavadi on-side, NASA is stronger now in Bungoma, Trans-Nzoia and Vihiga but may lose one of the governorships in Narok, Kwale, Taita-Taveta or (less likely) Mombasa because of split votes between three strong NASA candidates. Overall, my latest assessment is that they and their allies will also win 23-24 governorships, an extremely close result. (Note that I have decided for clarity to refer to the Bomet Governor as Isaac Rutto as he is often called (rather than “Ruto”, his legal name), to distinguish him from his namesake William.)

County map of Kenya, with most likely Gubernatorial winners by alliance, July 2017

There are, therefore, more counties that are uncertain or still in play in the governorships than in the presidency. If NASA wishes to strengthen its hand in these races, it is essential to persuade a dozen or more serious CCM, WIPER, ANC or ODM candidates to stand down and back their NASA colleagues, something they have so far completely failed to do. The list below suggests the most likely winners for NASA and Jubilee and the seats where there is a real competition between alliances.

Most likely Gubernatorial Winners July 2017

Most likely Gubernatorial winners July 2017

In the final article of this series we will look at the parliamentary races and try – despite my own advice above – to give some overall “guesstimates” of the parliamentary results.

NASA is stronger now in Bungoma, Trans-Nzoia, Vihiga and Nyamira, but may lose one or more of the governorships in Narok, Kwale, Taita-Taveta or (less likely) Mombasa because of split votes between three strong NASA candidates.

Meanwhile, the IEBC continues to press forward doggedly with its countdown to 8 August, though the sniping against it is unrelenting. It is now hearing seven cases relating to alleged violations of its code of conduct, which could potentially disqualify four MPs and a gubernatorial candidate. As expected though, no one has been disqualified for ethical concerns (how this could happen without conviction in a court of law was always hard to see) and civil servants continue to campaign for Jubilee without sanction.

The IEBC also lost a key lawsuit against its claim to be the sole presidential returning officer; the final presidential tallying will now take place in every constituency and whatever is announced (or rather what is certified in form 34) will be final unless petitioned. This should make the national count less contentious than in 2007 and 2013, though what happens if every party tallies the nationwide results differently (or if what the returning officer announces out loud doesn’t match the form, or there are two or more forms) is worrying. It will further increase the pressure on individual returning officers in the constituencies to “pad” local results at the last minute for the dominant party and may lead to violence in constituency tallying halls. The IEBC has begun printing ballot papers despite allegations of a connection between the Dubai-based Al Ghurair Printing and Publishing and Jubilee. The High Court ruled last week that the IEBC should issue a fresh tender for the printing of presidential ballot papers (though the other five elections were unaffected, a further source of confusion and concern). The IEBC has threatened to appeal this decision and in the meantime is trying to meet the court’s requirement for consultation in a way which might not delay the presidential election. We now face three different possibilities: a last minute recovery through an agreement to continue the current contract to print presidential ballots (or an implausibly speedy replacement tender), an entirely delayed election process, or a split contest, with the presidential election some weeks after the rest, a bizarre but interesting scenario

Meanwhile, the IEBC knows that there are at least 900,000 dead voters on the register, as they were only confident enough to remove 90,000 of the 1.1 million dead adults the KPMG audit estimated were still listed as voters. Instead, they are relying on the biometric (fingerprint and photo) voter identification system to prevent others voting “on behalf of” these dead voters. I have a suspicion that this is over-optimistic and that the biometric system may break down in some homelands, forcing officials to use the paper registers, which while they still contain photos, better permit impersonation. Assuming that the IEBC and KPMG were correct, and there are a million dead people still listed (5% of the register), any turnouts above 90% are practically impossible unless the dead rise for the day.

More broadly, with a month to go, there is a growing sense that this election is the end of an era, and gladly so, and that the political wars between the Kenyatta and Odinga dynasties will soon end. This should allow a less personalised and directly ethnicised form of politics to emerge.

Returning again to the key “what if” question if Odinga loses the presidential election narrowly, there is definitely a risk of violence in Nairobi, Kisumu and potentially elsewhere, and the closer the contest, the more trouble there will be. The IEBC, in my view, is acting reasonably given its mandate and constraints, but NASA’s fear of rigging is so visceral that the commission receives no credit for anything, and if Odinga were to lose narrowly, NASA would certainly cry foul. To do this convincingly, the case against the IEBC needs to be built incrementally over several months, a process which is already underway.

More broadly, with a month to go, there is a growing sense that this election is the end of an era, and gladly so, and that the political wars between the Kenyatta and Odinga dynasties will soon end. This should allow a less personalised and directly ethnicised form of politics to emerge, though, as Susanne Mueller has pointed out, the fear of harm from the “other” if they win power will remain a force for many years to come, especially amongst the Kikuyu and the Luo.

Where Kenya’s new leadership will arise from, however, is not yet clear. Most of the current second-tier leaders are elderly, and apart from 50-year old William Ruto, there are few obvious up-and-coming successors. And this assumes that “Mount Kenya” will accept the retirement of their gladiatorial champion. If Kenyatta is victorious, will community leaders not agitate in 2020-1 for a constitutional amendment to change the two-term presidential limit, another “change-the-constitution” movement like that of 1976-7, again designed to prevent a Kalenjin acceding to the throne? Heir-apparent Ruto is fighting wars on two fronts now – the first to win the election with his Kikuyu partners, the second, to secure his succession from those partners. Neither are easy contests.

Kenya: A History Since Independence


Charles Hornsby is the author of Kenya: A History since Independence.
He lives in Ireland.

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Charles Hornsby is the author of Kenya; A History since Independence and lives in Ireland.

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Wakasighau: The Forgotten Victims of British Colonial Land Dispossession

The effects the British colonial policy of subjugation through dispossession and exile continue to reverberate among the Wakasighau.

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Wakasighau: The Forgotten Victims of British Colonial Land Dispossession
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Two years have gone by since I last saw Mzee Joshua Mwakesi Mwalilika. He hasn’t changed a bit. His birth certificate says he was born in 1923. This means that Mzee Mwalilika is just two years shy of a hundred. He says that the birth certificate is wrong, that he was actually born in 1921. Mzee Mwalilika is from Taita, of the Wakasighau, a people who were uprooted from their native Kasighau region and exiled by the British to Malindi where they languished for over twenty years.

It all started in August 1915, at a time when Kenya was under British colonial rule and neighbouring Tanzania, then Tanganyika, was under the Germans. World War I had begun and, being so close to the border with Tanganyika, Kasighau was bound to suffer the effects of the war. When the Germans attacked the British, the British took revenge on the local African populations.

“All the houses were torched in the entire Kasighau on August 11th 1915. From Kigongwe, Makwasinyi, Jora, Kiteghe, Bungule, and Rukanga,” recalls Mzee Mwalilika. It was the handiwork of the British; they were on a punitive expedition against the Wakasighau whom the British suspected of having betrayed them to the Germans. A few days prior, the Germans had  carried out a night raid on the British garrison at Kasighau, committing a massacre. This was eight years before Mzee Mwalilika was born.

One version of the events is that after the attack, the Germans wrote a letter to the British claiming that the locals had voluntarily betrayed them, which prompted the British to retaliate. At Rukanga Village in Kasighau, retired teacher Jonathan Mshiri, now aged 71, says that local accounts of the events tell of two individuals from the area who unknowingly directed some Germans who were on a spying mission to where the British had set up camp.

“Two people were harvesting honey in the bush and the soldiers came and interrogated them and said, ‘Can you show us where the wazungu are?’” says Mwalimu Mshiri. “They used the term wazungu not British, so Kinona and Mwashutu thought that these white people were just friends of fellow white people. They did not know that these were Germans.”  The Germans laid waste to the British garrison at Jora in Kasighau and 38 British soldiers, including their captain, were taken captive by the Germans. This enraged the British so much that they decided to exile the entire Kasighau community.

For the Kasighau people, the British chose Malindi. After torching all the houses in the five villages, they rounded up all the people and gathered them at a place that was central to all the villages. “The British chose these open grounds because it gave them a view of Tanganyika where the Germans had come from,” explains Ezra Mdamu, a descendant of the survivors. “They also hoped that some of the villagers would have a better chance of pointing out exactly where the Germans had headed to. The people were also subjected to torture to extract information from them.”

The Wakasighau were then forced to march to Maungu Township, some 35 kilometres by today’s roads. From Maungu to the border at Holili is 144 kilometres using today’s road network, if indeed the German attackers had come through Holili.

The captives were herded into train wagons and taken to Malindi where the British had prepared the ground by forewarning the Giriama that the Wakasighau were cannibals.

At Maungu, the captives were herded into train wagons and taken to Malindi where the British had prepared the ground by forewarning the Giriama that the Wakasighau were cannibals. “What the new hosts did was put poison in the water holes, and this led to many deaths amongst our people,” Mwalimu Mshiri explains.

Macharia Munene, professor of History and International Affairs at the United States International University, says that using exile as punishment summarizes the colonial policy of subjugation and dispossession of local peoples.

“Most of these people who were deported were individuals, people trying to challenge colonial authority,” he says, “but colonialists also deported groups of people, often to hostile, undesirable places.”

Return to Kasighau

The plight of the Kasighau in their new land did not go unnoticed, and various parties, including church organizations, brought pressure to bear on the colonialists to review their position. But it was not until 1936 that the Kasighau people were allowed to return home, only to find most of their land gone.

“All the land around Kasighau Hill was termed as hunting blocks where the British people could hunt. The block here was called ‘66A’, the Kasighau people were only confined to a 10km² block around the hill called ‘Trust Land’. The rest of the land was called ‘Crown Land,’” says Mwalimu Mshiri.

It was not until 1936 that the Kasighau people were allowed to return home, only to find most of their land gone.

After independence in 1963, Crown Land became State Land and some of the remaining land was handed over to ex-WWII British colonial soldiers. The people of Kasighau were not represented at the time and the remaining land was subdivided into ranches that today surround the 10km² settlement area. It is within some of these ranches that mineral deposits and precious stones are found, and there are frequent tussles between the youth, miners and investors.

According to a report titled The Taita Taveta County Integrated Development Plan 2013-2017, only 35 per cent of all landowners possess title deeds. The report says that land adjudication was ongoing to ensure that all landowners possess title deeds. The 2019 census puts the population of Taita Taveta at 340,671. Kasighau Ward alone is home to 13,000 people. The majority say they do not have title deeds.

No land, more problems

In February 2019, a group of young men from Kasighau descended on a disputed mine inside Kasighau Ranch. Around the mining area are mounds of earth and makeshift tents. People selling foodstuffs have followed in the wake of the miners. Those mining say they are simply going for what they believe belongs to them. They do not have the heavy equipment needed for serious mining operations such as earthmovers or elaborate underground mining shafts. They are artisanal miners who rely on simple tools such as hoes, spades and mattocks.

“When we young people saw that we did not have leaders serious on championing our rights, we decided to have our own revolution,” says Elijah Mademu, a youth leader. “We decided to redeem our lost lands, lands rich in mineral resources. There are about 500 young men and women eking out a living from these minerals.”

According to retired Kasighau Location chief Pascal Kizaka, the occupation of the mine can be attributed to population pressure and young people running out of options. “Every economic activity starts with land. Without land, you are like that person who is given water but cannot drink it,” he says.

Prof. Macharia says land ownership remains a significant cause of conflict across much of Kenya where land issues remain unresolved. “The government, particularly the area MP and area governor, because they have power, they should raise the issue and say, these are our people, so process their [land] titles.”

However, Taita Taveta Lands County Executive Committee member Mwandawiro Mghanga disputes the assertion that the county or the leadership at the local level are fully able to resolve the issue of title deeds, arguing that land and natural resources adjudication have not been fully devolved.

“It is true in this matter there are injustices, but on title deed issues even the entire Taita Taveta County has the same problem. In Kasighau the plan is to let them get the title deeds alongside the rest of the county”, he says.

“Of course there are six ranches, agriculturally-driven ranches (ADR’s) and there’s Kasighau Ranch which is very large. . . . There should not be a drive motivated by the capitalist system to grab ranches. What needs to be done is that everyone who needs a title for land to settle should have access to it.”

“Without land, you are like that person who is given water but cannot drink it.”

Land alone might not be the only thorny issue. Chief Kizaka laments that throughout his time living and working in the area, local Kasighau people have noticeably been lagging behind even in education matters. For instance, a 2013 report on inequalities compared Kasighau Ward to neighbouring Mbololo ward and found that only 8 per cent of Kasighau residents have a secondary education or above. A Kenya National Bureau of Statistics report titled Exploring Kenya’s Inequality: Pulling Apart or Pooling Together? shows Kasighau’s literacy rates to be four times less than Mbololo’s 32 per cent of the population who have gone beyond secondary school education.

“By independence time, we had only three primary schools, in Bungule, Rukanga and Mwakwasinyi. Illiteracy was very high. You can imagine, illiterate parents producing illiterate children,” bemoans Chief Kizaka. “There is no movement. The number of locals in school is very low. Compared to many parts of the country where locals are the majority, here we do not dominate.”

Today, Mwalimu Jonathan Mshiri says the thought of squeezing almost his entire descendants onto 15 acres of land troubles him daily. He knows too well that already the 13,000 Kasighau residents, whose numbers are increasing, are also facing the difficulty of having to make do with 10 square kilometres of land.

“We are the Kasighau people, we belong to this mountain and the surroundings, why are we not being given the priority?” he asks.

It is 6 p.m. and as the sun sets in the west, in the direction of Tanzania, it casts a golden glow on the Kasighau massif, but the dark despair of the Wakasighau remains.

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Big Pharma and the Problem of Vaccine Apartheid

In this report on the TWN-Africa and ROAPE webinar on vaccine imperialism held last month, Cassandra Azumah writes that the unfolding vaccine apartheid which has left Africa with the lowest vaccination rates in the world is another depressing example of the profit and greed of Big Pharma facilitated by imperialist power.

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The webinar on ‘Vaccine Imperialism: Scientific Knowledge, Capacity and Production in Africa’ which took place on 5 August 5, 2021, was organized by the Review of African Political Economy (ROAPE) in partnership with the Third World Network-Africa (TWN-Africa). It explored the connections and interplay of Africa’s weak public health systems, the profit and greed of Big Pharma enabled by the governments of the industrialized Global North, and the Covid-19 pandemic from a political economy perspective. This report summarizes the main discussions held during the conference, including an overview of each of the main points discussed. The webinar was the first in a three-part series of webinars scheduled by the two organizations under the theme Africa, Climate Change and the Pandemic: interrelated crises and radical alternatives.

The format of the event involved keynote presentations from three speakers, a five-minute activist update on the COVID-19 situation from two African countries, and an interactive discussion with participants. Chaired by Farai Chipato, a Trebek Postdoctoral Fellow at the University of Ottawa and ROAPE editor, the session included presentations from Rob Wallace, an evolutionary epidemiologist and public health geography expert at the Agroecology and Rural Economics Research Corps; Tetteh Hormeku, Head of Programmes at Third World Network-Africa (TWN-Africa) and Marlise Richter, a senior researcher at the Health Justice Initiative in South Africa.

The current state of the pandemic – Rob Wallace

Rob Wallace began the session by providing a global perspective on the current state of the COVID-19 pandemic. He presented data showing that though the total number of vaccinations are increasing, the percentage of people fully vaccinated is concentrated in the West. We are currently experiencing a third wave of the pandemic, which is being driven by the delta variant. Though the cases in Africa are relatively lower than in other parts of the world, it is still a marked increase from the first and second waves which were less severe. This is not the trajectory that was predicted for COVID-19 on the continent in the early days of the pandemic. Marius Gilbert et al had speculated that Africa would be vulnerable to the virus due to a lower public health capacity and underlying co-morbidities that might increase the spread and damage of the virus. However, the incidence of the virus has played out in a different way, Africa’s cases are not as high as that of other continents. The possible reasons that have been given for this are: demographics (a younger population), open housing (which allows greater ventilation), and an ongoing circulation of other types of coronaviruses which have induced a natural, partial immunity in the population.

Wallace also commented on herd immunity, stating that it is not a panacea for defeating the virus. He referenced a paper by Lewis Buss et al on COVID-19 herd immunity in the Brazilian Amazon which found that although 76% of the population had been infected with the virus by October 2020, they had not achieved herd immunity (which is usually estimated at 70-75%), and proliferation of the virus was ongoing. He pointed out that the key lesson from this study is that there is no magical threshold for herd immunity; it may be different for different populations or there may be no threshold at all.

Likewise, he contended that defeating COVID-19 has little to do with vaccination as a silver bullet, but much to do with governance and the wellbeing of the population being at the crux of any public health decisions a government would take. A multi-pronged approach should be taken to defeat the virus, one that includes vaccinations, wearing of masks, social distancing, and testing and tracing. He argued however, that in the neoliberal regimes of the industrialised North, dealing with COVID-19 is organized around profit.

This was not the case in the early days of the outbreak. Initially, the World Health Organisation (WHO) and the National Institutes of Health (NIH) in the US were in favour of having open medicine and making sure any pharmaceutical products produced to fight the virus were free to all. To this end, WHO developed the COVID-19 Technology Access Pool (C-TAP). However, the lobbying of Big Pharma and the likes of Bill Gates worked to centre the COVID-19 response around the model of intellectual property rights. This has had a considerable impact on the evolution of the virus, allowing it enough room to evolve such that pharmaceutical companies can make profits by selling booster shots of the vaccine. According to Wallace, this speaks to the “sociopathic nature” of the neoliberal regimes in the Global North who are willing to put the profits of Big Pharma over the lives of people. He opined that we need to act in solidarity to create a system in which disparities between the Global South and Global North are removed.

Health justice and the pandemic in South Africa – Marlise Richter

Marlise Richter’s presentation shed light on the work of the Treatment Action Campaign (TAC) and the lessons that can be learnt from their struggles for access to medicines (in particular ARVs). She pointed out that the TRIPS agreement (Trade-Related Aspects of Intellectual Property Rights – TRIPS – is a legal agreement between member states of the World Trade Organisation) had a big impact on how the HIV/AIDS epidemic was addressed, resulting in a limited number of ARVs reaching the Global South.

The HIV epidemic was particularly acute in South Africa, the number of people living with the virus ballooned from 160,000 in 1992 to over 4.2 million people by 2000. At this time, ARV’s had been developed but were unaffordable in Africa, costing up to US$10,000 a year in 1998.

The TAC used multiple strategies such as skilled legal advocacy, high quality research, social mobilization, demonstrations, and public education to fight the pharmaceutical industry and their abuse of intellectual property rights protections. It joined the case brought by the Pharmaceutical Manufacturers Association (PMA) against the South African government for allowing parallel importation of drugs in order to bring down prices of medicines. Its intervention contributed to pressuring the PMA to withdraw its claims in 2001. In addition, it applied pressure at the 13th International AIDS Conference in Durban in 2000 by staging a march to highlight the danger of President Mbeki’s AIDS denialism and demanded access to ARVs in Africa.

From 1999 onwards, the TAC also campaigned for a national prevention of mother-to-child transmission of HIV. This case was won at the high court and precipitated a national ARV roll-out plan in April 2004. Finally, in 2002, TAC and the AIDS Law Project filed a complaint with the Competition Commission against GlaxoSmithKline (GSK) and Boehringer Ingelheim arguing that they violated the competition law by abusing their dominance in the market and charging excessive prices for ARVs. This forced the companies to reach a settlement in 2003 leading to a drastic cut in ARV prices. By employing these tactics, the TAC and other activists were able to transform both the national and global conversation on drug pricing, eventually leading to South Africa having the largest HIV treatment program globally and pharmaceutical companies reducing the prices of ARVs.

Following the success of the campaigns to provide access to ARVs in Africa, activists in the Global South fought for the Doha Declaration. The Doha Declaration waived some of the provisions in TRIPS in order to prevent public health crises and promote access to medicines for all. However, Richter commented that not many of these flexibilities have been used. She posits that this is due to immense political pressure from the West. The US in particular has singled out governments that seek to use the TRIPS flexibilities and placed them on the US Special 301 Watch List.

Returning to the present, Richter presented data that showed that on 3 August, there have been just under 200 million confirmed cases and over 4.2 million deaths of COVID-19. 28.6% of the world’s population has received at least one dose of the vaccine with 14.8% fully vaccinated. But to give a sense of the disparity in vaccine administration across the world, she indicated that 4.21 billion doses have been administered globally with 38.67 million administered daily, but in low-income countries only 1.1% of people have received at least one dose. Narrowing it down to Africa, only 1.58% of the population has been fully vaccinated. This variance in administered vaccines is also present across the continent. In July 2021, Morocco had 28.9% of its population fully vaccinated, Botswana and South Africa had 5.3% and 5% of their populations fully vaccinated, and the Democratic Republic of the Congo had 0%. These incongruities are also evident when we assess the number of vaccines promised against vaccines delivered, with South Africa receiving only 26% of the vaccines promised. Continuing at the current pace, it would take South Africa two years and three months just to vaccinate 67% of its population.

Richter quoted the WHO Director-General saying, “The world is on the brink of a catastrophic moral failure – and the price of this failure will be paid with lives and livelihoods in the world’s poorest countries.” Following from this, she believes that it makes ethical sense and public health sense for vaccines to be distributed equitably amongst the world’s population. In a bid to fight for vaccine equity, South Africa and India co-sponsored the TRIPS waiver in October 2020. If successful, this waiver will bring about flexibilities in the TRIPS agreement which would have an immense impact on the manufactured supplies of vaccines and other medical goods. For the waiver to be passed, a consensus amongst all member states of the WTO needs to be reached. While the waiver is supported by over 100 countries (predominantly in the Global South), it has been blocked most notably by the EU, Australia, Norway and Japan, countries which have enough vaccines to vaccinate their population many times over. Putting this into perspective, in January 2021 the EU had 3.5 vaccines per person and Canada had 9.6 vaccines per person, as compared to 0.2 vaccines per person in the African Union. By blocking this waiver, the industrialised North is further entrenching the extreme inequalities currently faced by the Global South.

Richter concluded her presentation by speaking on a recent development in South Africa, where Pfizer-BioNtech has recently signed a ‘fill and finish’ contract with the Biovac Institute. She claimed that while this is a first step in developing manufacturing capacity, it is not enough to achieve vaccine independence because it does not include the sharing of Pfizer-BioNtech’s technology or know-how. In addition, the ‘fill and finish’ approach does not address issues of security of supply, nor does it allow local manufacturers the freedom to make their own pricing decisions. She believes that if we start from the premise that health is a human right, as the TAC does, we will regard health equity and especially vaccine equity as essential in the struggle against the pandemic.

The political economy of the continuing fight against intellectual property rights negatively affecting public health goods in Africa – Tetteh Hormeku

Tetteh Hormeku’s presentation was centred around the challenges that African countries have confronted in the process of trying to develop their own pharmaceutical capacity. These challenges go beyond the struggles for the TRIPS waiver and include the impact of some of the choices governments have made. He focused on two interrelated points that frame the predicament of African countries in relation to the current vaccine situation:

1) The vaccine process is dominated by pharmaceutical Multinational Corporations (MNCs) based in the advanced industrial countries and supported by their governments. The controversy around the TRIPS waiver is a clear example of the extent to which advanced countries and their MNCs would like to hold on to their place in the international order.

2) On the non-existent domestic pharmaceutical capacity in African countries, Tetteh explained that he uses the phrase “domestic pharmaceutical capacity” because:

  • It does not include a subsidiary of an MNC signing a production agreement with a local African company.
  • The word ‘domestic’ combines both the local character of production and the fact that it is embedded within the nation, its challenges, people, drives and imperatives.
  • It does not refer to nations alone, but also to regional and continental initiatives.
  • It captures pharmaceutical capacity beyond the production of vaccines.

Tetteh provided the following case-study to show how these two points are interrelated. 24 February marked the first shipment of COVID-19 vaccines to Ghana, and there was an optimism that it would be the beginning of a steady supply of vaccines to the country – six months later, less than 2% of the population has been vaccinated. Around the time Ghana received this first shipment, it was in talks with the Cuban government for support on the transfer of technology to improve its pharmaceutical capacity.

This date in February also marked the anniversary of the overthrow of Kwame Nkrumah in 1966. Six months before the coup Nkrumah’s government had established a state pharmaceutical enterprise. After the coup, the military government tried to hand it over to Abbott Laboratories, an American pharmaceutical company, under such outrageous terms that the resulting backlash from the populace led to the abandonment of this plan.

The creation of a state-owned pharmaceutical enterprise in Ghana and in other African countries in the post-independence era was a reaction to colonial policies which deliberately curtailed the production of knowledge and science across the continent. The aim of developing a pharmaceutical industry domestically was to intervene on three levels:

  • Creating an industry with the technical know-how and the machinery to be able to participate in the production of pharmaceutical products.
  • Creating an industry which is linked to the process of developing and building knowledge and being at the frontiers of knowledge. This involved creating linkages with universities and scholars.
  • Making use of traditional sources of medical knowledge. The state pharmaceutical enterprise was in operation until the 1980s when due to the Structural Adjustment Programs (SAPs) it was privatized and unable to compete in the free market.

Tetteh pointed out that two lessons can be taken from this anecdote:

  • The government strongly intervened to ensure pharmaceutical production was linked to public procurement and public policy. The market for the product was guaranteed (army, public hospitals etc.).
  • The government intervened to ensure that certain medical products could not be imported into the country. These interventions were crucial in creating the legal and scientific conditions within which the state-owned enterprise thrived until the SAP period.

A key success of the state pharmaceutical enterprise was that it was able to bargain with Big Pharma on its own terms. At the time, Big Pharma needed to negotiate with the state pharmaceutical enterprise to produce their products locally since they had no access to the Ghanaian market. Although Ghana’s intellectual property rights regime replicated and mimicked some of the standards in the Global North, it was an indication of the amount of space countries in the Global South had to develop their own legislation with respect to intellectual property for public health. However, this option is no longer available to these countries. According to Tetteh, TRIPS inaugurated the monopoly that Big Pharma has over technical know-how for medical products. It has also enabled bio-piracy which allows Big Pharma to appropriate African traditional knowledge and patent it for themselves. In the 1990s, the Organisation of African Unity (OAU) tried to create an African model law to enable a fight against bio-piracy but was unsuccessful.

The creation of a state-owned pharmaceutical enterprise in Ghana and in other African countries in the post-independence era was a reaction to colonial policies, which deliberately curtailed the production of knowledge and science across the continent

Tetteh noted that the current situation highlights the importance of getting the TRIPS waiver, as it is a starting point for building domestic pharmaceutical capacity. The waiver goes beyond just patents and encompasses a host of other intellectual property rights such as copyrights, and industrial design. It covers all the important bases for making medicines in a modern context. Looking back to the Doha Declaration, very few countries were able to make real changes to their laws in order to make use of the flexibilities. This was due in part to the entrenchment of TRIPS in other agreements such as AGOA (the African Growth and Opportunity Act) and the EPAs (Economic Partnership Agreements). However, importantly, there was no real commitment by African leaders to making these changes.

Tetteh argued that African leaders are not making the strategic choices that would eventually lead them to developing independent pharmaceutical industries. Suggesting that South-South cooperation is an avenue to address the current issues the continent faces, he argued that instead of using all their funds to buy vaccines, African countries could have allocated some funds to support phase three of Cuba’s vaccine trials. By doing this, they would have been able to negotiate for a consistent relationship in terms of knowledge exchange and the transfer of technology.

Updates on COVID-19 in Senegal and Kenya

Cheikh Tidiane Dieye provided an update on the COVID-19 situation in Senegal. The country recorded its first case of the virus in March 2020. Since then, the government has put in place measures such as curfews, travel restrictions and the banning of public gatherings to contain the spread of the disease. The Senegalese government did not enforce a lockdown because the country has a large informal sector which would have been negatively impacted by a lockdown.

Senegal is currently experiencing its third wave – driven by the delta variant. The total number of cases has increased significantly over the last year, moving from 9,805 cases and 195 deaths in July 2020 to 63,560 cases with 1,365 deaths as of July 2021. This increase in cases has taken a toll on the country as it does not have the healthcare infrastructure to deal with the virus caseload. The vaccination campaign was launched in February this year, with about 1.2 million doses received, 1.8% of the population fully vaccinated and 3% receiving their first dose.

He stated that Senegal is currently facing two issues:

  1. Lack of access to the vaccines. This is because the country does not have the means to purchase enough vaccines for its population and is currently relying on donations from COVAX. This has resulted in protracted waiting times for the vaccine. These waiting times can cause complications for vaccine administration, since there are people who have received the first dose but must wait for longer than the recommended time of eight weeks to receive their second dose.
  2. A significant part of the population is reluctant to receive vaccines and sensitization campaigns are proving ineffective.

He remarked on one key development in Senegal – the creation of a vaccine manufacturing plant funded by the World Bank, the US, and a few European countries. The plant is expected to produce 300 million doses a year, first of COVID-19 vaccines and then other types of vaccines against endemic diseases. This project will be implemented by the Institut Pasteur de Dakar which already produces yellow fever vaccines.

ROAPE’s Njuki Githethwa provided an update on the COVID-19 situation in Kenya. He mentioned that the delta variant has caused a surge in cases and deaths. There have been currently over 200,000 cases since the pandemic began with the total number of deaths at 4,000 at the end of July. He pointed out that this third wave is affecting the lower classes which were spared in the initial stages of the pandemic. Kenya has received 1.8 million doses of the vaccine, with about 1.7% of Kenyans vaccinated. He noted that if vaccinations continue at this pace, it will take over two years for Kenyans to be fully vaccinated.

A key success of the state pharmaceutical enterprise was that it was able to bargain with Big Pharma on its own terms. At the time, Big Pharma needed to negotiate with the state pharmaceutical enterprise to produce their products locally since they had no access to the Ghanaian market

According to Njuki, the disbursement of vaccines from the West is being portrayed as a symbol of charity, solidarity, and sympathy. This portrayal is underlain by the West positioning themselves as saints while vilifying other countries like India and China. He also mentioned that there is a class dynamic at play in Kenya regarding the distribution of vaccines. People in affluent areas have ease of access whereas the less privileged wait in long queues to get vaccinated. As a result, most of the population, including frontline workers, are yet to be vaccinated. Schools in the country reopened at the end of July, and only about 60% of teachers have been vaccinated. Njuki touched on the fact that there is an optimism that more vaccines are coming, however the government is not doing enough to sensitise the population. There is still a lot of misinformation and superstition surrounding the vaccines.

Moving beyond the state?

The discussion was further enriched by contributions from the participants. Gyekye Tanoh, for example, noted that in the past the presence of state pharmaceutical enterprises around the continent constituted an active and embodied interest. This influenced the way transnational pharmaceutical companies were able to negotiate, severely limiting their power. However, such a thing is not present today on the continent. In fact, a study from the McKinsey Institute pointed to the fact that the pharmaceutical industry has the highest markups in Africa, meaning that while the continent is not the biggest market, it is the most profitable region in the world. Currently, the interests of Big Pharma dominate, he asked, how do we begin to shift this? Is it time to look beyond the state as a leading agent for change? What can progressives do in this situation?

Senegal is currently experiencing its third wave – driven by the delta variant. The total number of cases has increased significantly over the last year, moving from 9,805 cases and 195 deaths in July 2020 to 63,560 cases with 1,365 deaths as of July 2021

In response to Gyekye’s question, Tetteh argued that he does not believe that it is time to look beyond the government. In the case of the pharmaceutical industry, the market is created by production and government procurement of pharmaceutical products. Real change cannot be realised without the involvement of the government and well thought out policies. But there is still a role for progressives. Activists need to mobilise and organize around broad paradigmatic changes and clear concrete policy choices that can be implemented in the immediate, medium, and long term.

Wallace added that the objectives of activists in the Global North should be to support the efforts of those in the Global South. This is especially important because COVID-19 is not the only virus that can cause real damage. We need to make structural changes that ensure the Global South is not at the mercy of the Global North whose economic model has contributed to the current situation.

Farai Chipato ended the session by thanking the speakers and participants for their contributions to the fruitful and important discussion. Chipato urged participants to join ROAPE and TWN-Africa for their two upcoming webinars: ‘Popular public health in Africa: lessons from history and Cuba’ and ‘Alternative strategies and politics for the Global South: climate-change and industrialisation.’

This article was originally published in the Review of African Political Economy (ROAPE) Journal. 

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Omissions of Inquiry: Kenya and the Limitations of Truth Commissions

Gabrielle Lynch provides a radical analysis of the mechanisms of transitional justice. Looking at the case of Kenya, Lynch argues that truth commissions which hope to achieve truth, justice and reconciliation also require ongoing political struggles, and substantive socio-economic and political change. While reconciliation and justice may be goals which truth commission can recommend, and sometimes contribute to, they cannot be expected to achieve them.

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Omissions of Inquiry: Kenya and the Limitations of Truth Commissions
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In today’s world, it is almost expected that a truth commission will be introduced in the wake of conflict or a period of authoritarianism to try and consolidate a transition to democracy and peace. A truth commission generally understood – as per Priscilla Hayner – as a temporary state-sanctioned body that investigates a pattern of past abuse, engages ‘directly and broadly with the affected population, gathering information on their experiences’ and which aims to conclude with a public report.

The underlying idea is that societies need to confront and deal with unjust histories if they are to establish a qualitative break with that past. Proponents of modern truth commissions thus ‘look backwards’, not as interested historians, but as a way to ‘reach forwards.’ As Archbishop Desmond Tutu explained in his foreword to the South African Truth and Reconciliation Commission (TRC) report:

The other reason amnesia simply will not do is that the past refuses to lie down quietly. It has an uncanny habit of returning to haunt one … However painful the experience, the wounds of the past must not be allowed to fester. They must be opened. They must be cleansed. And balm must be poured on them, so they can heal. This is not to be obsessed with the past. It is to take care that the past is properly dealt with for the sake of the future.

Motivated by this desire to render the past ‘passed’ in the substantial sense of being ‘dead’ or ‘over and done with’, modern truth commissions dedicate most of their time to two activities: the holding of public hearings and production of a final report.

This is a relatively recent development. Early truth commissions did not hold public hearings and were largely fact-finding bodies. However, ever since the South African TRC of the 1990s, truth commissions have held hearings as a stage for various actors – victims, perpetrators, political parties, state institutions and so forth – to present their account of past wrongs. The underlying idea is that people will have a chance to speak and be heard, and thus regain their humanity; that a wider (and engaged) audience will bear witness to a new human rights-conscious regime; and the overview provided will feed into, and help legitimise, a final report. The latter in turn intended to record and acknowledge past wrongs and provide recommendations that can help to promote truth, justice and reconciliation.

However, while much hope is often placed, and much time and money expended, on truth commissions and their hearings and final reports, it is evident that these processes generally fall far short of ambitious goals and high expectations. But what explains this gap between aspiration and reality?

This is one of the questions that I address in a new book – Performances of Injustice: The politics of truth, justice and reconciliation in Kenya – which analyses several transitional justice mechanisms introduced following Kenya’s post-election violence of 2007/8 when over 1,000 people were killed and almost 700,000 were displaced.

This includes the establishment of the Truth, Justice and Reconciliation Commission (TJRC). Significantly, the Commission’s mandate recognised that, while the 2007/8 post-election violence was triggered by a disputed election, it was fuelled by more deep-rooted problems.  In turn, the Commission was tasked with investigating a wide array of injustices – from state repression and causes of political violence to perceptions of economic marginalisation and irregular land acquisition – between Kenya’s independence in 1963 and the end of the post-election violence in February 2008.

Established through an Act of Parliament in 2008, and operational from 2009 to 2013, the TJRC sought to meet its mandate, in large part, by collecting statements (with over 40,000 collected in total), holding public and women’s hearings in 35 locations across the country and adversely mentioned person (AMP) hearings in western and Nairobi, and publishing a substantial final report that runs to over 2,000 pages.

Despite such achievements, the Commission was soon mired in controversy with calls for the chairman – who was soon linked to three injustices that the Commission was meant to investigate – to resign, while the public hearings attracted little media attention, and the final report is yet to be discussed in parliament let alone implemented.

The Kenyan experience highlights a range of lessons and insights. This includes the fact – as recently outlined in a piece for The Conversation – that transitional justice mechanisms are not ‘tools’ that can be introduced in different contexts with the same effect. Instead, their success (or failure) rests on their design, approach and personnel – all of which are incredibly difficult to get right – but also on their evaluation and reception, and thus on their broader contexts, which commissions have little or no control over.

However, the lessons that can be drawn go beyond reception and context and extend to the inherent shortcomings of such an approach.

First, while victims appreciate a chance to speak and be heard, the majority clearly submitted statements or memoranda or provided testimony in the hope that they would be heard and that some action would be taken to redress the injustices described. As one woman explained after a women’s hearing in Nakuru, she was glad that she had spoken and how, having told her story, the Commission would ‘come in and help.’

To be fair, the TJRC’s founders were aware of the inadequacies of speaking, which is why they included ‘justice’ in the title and gave the Commission powers to recommend further investigations, prosecutions, lustration (or a ban from holding public office), reparations and institutional and constitutional reforms.

However, on the question of whether recommendations would be implemented, the Commission rather naively relied on the TJRC Act (2008), which stipulated that ‘recommendations shall be implemented.’ However, such legal provisions proved insufficient. Amidst general scepticism about the Commission’s work, parliament amended the TJRC Act in December 2013 to ensure that the report needed to be considered by the National Assembly – something that is yet to happen.

Moreover, to document and acknowledge the truth requires that one hears from both victims and perpetrators. However, the latter often have little motivation, and much to lose, from telling the truth. This was evident in Kenya where, during the AMP hearings I attended, where I heard little that was new and not a single admission of personal responsibility or guilt. Instead, testimonies were characterised by five discursive strands of responsibility denied: denial through a transfer of responsibility, denial through a questioning of sources, denial through amnesia, denial through a reinterpretation of events and an assertion of victimhood, and denial that events constituted a wrongdoing. However, while AMPs denied responsibility, none denied that injustices had occurred. As a result, while the hearings provided little clarity on how and why a series of reported events may have occurred, they simultaneously drew attention to, and recognised, past injustice. In this way, they provided a public enactment of impunity: Kenya’s history was replete with injustice, but AMPs were unwilling to shoulder any responsibility for it.

This ongoing culture of impunity points to another issue, which is that – for most victims – injustices clearly do not belong to the past but to the present and future. The loss of a person or income, for example, often constitutes a course that now seems beyond reach – from the hardship that accompanies the loss of a wage earner to the diminished opportunities that stem from a child’s extended absence from school. However, the past also persists in other ways, from the injustices that never ended, such as gross inequalities or corruption, to fears of repetition and experiences of new injustice.

Unfortunately, the idea that one can ‘look backwards to reach forwards’ downplays the complex ways in which the past actually persists, and possible futures infringe on the present. This is problematic since it can encourage a situation where small changes dampen demands for more substantive reform. At the same time, it can facilitate a politicised assertion of closure that excludes those who do not buy into the absence of the past, the newness of the present, or the desirability of imagined futures and provides a resource to those who seek to present such ‘difficult people’ as untrusting, unreasonable and unpatriotic.

This is not to say that truth commissions are useless and should never be considered. On the contrary, many view speaking as better than silence, while the commission’s report provides a historical overview of injustice in Kenya and a range of recommendations that activists and politicians are using to lobby for justice and reform.

However, when introduced, truth commissions should be more aware of the importance of persuasive performances and how their initial reception and longer-term impact is shaped by broader socio-economic, political and historic contexts. Truth commissions also need to adopt a more complex understanding of the ways in which the past persists, and possible futures infringe on the present and avoid easy assertions of closure.

Ultimately, such ambitious goals as truth, justice and reconciliation require not Freudian ‘talk therapy’, although catharsis and psycho-social support are often appreciated, but an ongoing political struggle, and substantive socio-economic and political change, which something like a truth commission can recommend, and sometimes contribute to, but cannot be expected to achieve.

This article was first published in the Review of African political Economy (ROAPE).

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