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OUT IN THE COLD: Why the Kenyan diaspora must be allowed to vote

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The crisp sting of the November cold hugged me tight as I waited for the polling station at a Baltimore precinct to open up. It was four o’clock in the morning; the darkness of the just concluded campaigns still had its uncertain grip over the land.

As I waited for the chief election judge to come and open the doors, a fellow election judge joined me. We exchanged pleasantries.

After a few hours, when the voters began to trickle in, I became a neural citizen, as was required of my job as an election judge. I did not show my preferences and diligently provided my services to ensure a free and accessible election. I also observed and made useful comparisons with what I know of the Kenyan system.

I am a Kenyan, I am an American. My dual citizenship bears civic responsibilities and rights in two countries. I am invested in both the country I was born in and the country I live in, as are millions of others who live and work outside their countries of birth.

The current globalised reality has created dual and multiple citizenships that obligate citizens to water the tree from which they receive daily shade, and to nourish the distant soil that raised them because they still have loved ones there; but most important, their identity is rooted in that distant soil, a belonging that is more powerful than the foreign residence that becomes a new home.

The current globalised reality has created dual and multiple citizenships that obligate citizens to water the tree from which they receive daily shade, and to nourish the distant soil that raised them because they still have loved ones there

An interest in civic engagement led me to becoming an elections judge in the 2016 US elections for the State of Maryland. This is a volunteer position, although it does come with an honorarium that varies from state to state. Elections in the United Sates are state-regulated, with each of the fifty states dictating their own election processes.

This is different from Kenya where elections are centralised and regulated by the Independent Electoral and Boundaries Commission (IEBC). This centralisation leaves the IEBC vulnerable to manipulation by incumbency politics. It has also given IEBC officials a sense of belligerence when it comes to serving a constituency such as the diaspora, a population they deem a bother, inconsequential or potential spoilers in the game of power-shifting.

The diaspora-IEBC tango

The relationship between the IEBC and the Kenyan diaspora constituency has been salty, rife with litigation and deliberations that produce no results.

The Kenya Diaspora Alliance (KDA), an organisation that has championed the collective civic engagement aspirations of the diaspora since the 2012 elections, has several times sued the elections body for failure to implement diaspora voting rights. Winning a lawsuit in 2015 in which the Supreme Court directed IEBC to enable the diaspora to exercise their right to vote has not made a difference.

The IEBC, while promising to honour the constitution, uses Article 82 (1)(e) “progressive registration of citizens residing outside Kenya, and the progressive realisation of their right to vote”, to keep the diaspora disenfranchised. “Progressive realisation” is a grey area subject to interpretation that suits whoever holds the keys to diaspora participation. The phrase suggests that you can allow just one extra person to vote every election and that can pass for progressive.

The argument also needs to be made that the “progressive realisation” phrase should to be expunged from the constitution as it leads to the suppression of the rights of an estimated 3 million Kenyans far into an unseen future. Article 257 (1) allows for amendment of the constitution by popular initiative that gathers at least one million signatures.

The IEBC, while promising to honour the constitution, uses Article 82 (1)(e) “progressive registration of citizens residing outside Kenya, and the progressive realisation of their right to vote”, to keep the diaspora disenfranchised.

The frustration of unrealised rights has carried over to the current election season. In January, 2017, KDA made another public threat that appeared in the newspapers to sue IEBC as the body had made empty promises and failed to implement satisfactory mechanisms for diaspora voting.

To its short-lived credit, the IEBC had, towards the end of 2015, released the IEBC Diaspora Policy that guides the registration and voting exercise for Kenyans abroad, or what some have come to call the 48th county.

Disappointingly, the IEBC continues to fail the test of trustworthiness. Upon persistent inquiry as to why the body failed to honour its publicised plan to start the registration of Kenyans at embassies, the official response cited lack of funds as the reason. Often, IEBC has also mentioned that it lacks reliable statistics to implement registration processes.

These excuses are disingenuous as diaspora representatives have made presentations of diaspora-led solutions to IEBC, and the IEBC officials had found the i-Vote.net solution quite impressive. i-Vote.net is a fully functional and secure digital platform for counting and mapping Kenyans in the diaspora, and recording the demographics in real time. It also has online voting capability. The system is an initiative of Kenyans in the diaspora.

An official endorsement of such a solution would immediately begin to solve the problem of lack of funds or statistics as it would allow a great number of diaspora Kenyans to count and provide the needed statistics. There has been zero political will to create productive partnerships. Change can come through one person with a million dollars or through a million voices with one purpose. The platforms that the diaspora has created can be used to raise a million voices.

The IEBC gets its funding from the government, and also from foreign donors, including the United Kingdom, the United States, Denmark and Norway. The failure to budget for a constituency of millions of Kenyans is not just negligence, it is criminal.

Diaspora as marginalised citizens

Article 82 (1)(c) calls for “the continuous registration of citizens as voters”, which can be used to press for the treatment of Kenyans in the diaspora as deserving of their rights as any other citizen. In nation-building, no real unity is ever achieved until all communities that are part of that nation are accorded equal realisation of their rights.

The discrimination of citizens using geographical location has historically affected the communities in the northern parts of Kenya, driving them to extreme socio-political and economic marginalisation. This discrimination has become a reality for the diaspora, notwithstanding this constituency’s economic clout.

Voting leads to the right to representation, which lends a voice to communities that might not otherwise be heard. It is this voice that the diaspora seeks.

The diaspora’s potential to build the country cannot be overstated. Unlike the courtship of foreign donors by African governments, which sustains an unpleasant trail of neocolonisation, courting diaspora partnerships should be easy as this is a population with its heart already invested in their home country.

For the diaspora, this includes the ability to access those in power in order to establish local businesses, to make social impact investments, such as schools and hospitals, and to lobby for policies that are friendly to both Kenya and the diaspora.

With diaspora remittances now amounting to KSh160 billion ($1.6 billion) annually, 10 percent of this amount can go a long way towards realising these aspirations, putting thousands of Kenyans to work and reducing the amount of money Kenya now borrows from China for its infrastructural needs.

In 2015, the National Treasury Cabinet Secretary, Henry Rotich, mentioned that more than half of these remittances are sent through unofficial channels that cannot be traced for taxation. At the time, he estimated untraceable remittances at KSH120 million annually. Finding solutions to tapping a percentage of these hidden remittances is best achieved by involving diaspora Kenyans in making direct investments in national infrastructure. The diaspora’s potential to build the country cannot be overstated. Unlike the courtship of foreign donors by African governments, which sustains an unpleasant trail of neocolonisation, courting diaspora partnerships should be easy as this is a population with its heart already invested in their home country.

It is the mindset of cutting off diaspora involvement while scheming to get its money that has deepened disillusionment. Many Kenyans abroad have complained about being used as cash cows to fund establishment interests, especially alluding to the standing ultimatum by the Kenya Revenue Authority (KRA) for diaspora Kenyans to file their taxes.

The KRA cannot legally demand to tax Kenyans who do not have fiscal residency in Kenya, a status that requires a residency of an aggregate 183 days or more in a fiscal year, regardless of one’s citizenship status. The attempt at double-taxing diaspora Kenyans has been an emotive issue that cannot be resolved through multilateral tax treaties alone.

A government’s efforts to use laws and institutions selectively fail when it does not involve all parties, in this case, the diaspora constituency, in everything diaspora-related. There are active diaspora organisations that have a history of handling diaspora issues.

An example of the forceful attempt to milk a diaspora without building civic engagement bridges is Eritrea’s government, which introduced a 2 per cent Recovery and Reconstruction Tax (RRT) on individual diaspora income. This led to the 2011 UN Security Council intervention through Resolution 2023 which “decides that Eritrea shall cease using extortion, threats of violence, fraud and other illicit means to collect taxes outside of Eritrea from its nationals or other” (Article 11). However, this reprimand was also linked to the Eritrean government’s use of the 2 per cent tax levy to fund its civil war.

The uneasy relationship between the diaspora and the Kenyan government dates back to the Moi dictatorship years when those who moved abroad were labelled as dissidents. The establishment of organisations, such as the Kenyan Community Abroad (KCA), allowed for an organised struggle that saw the constitutional realisation of dual citizenship, against great odds, and later voting rights.

The victory that ushered Kenya’s “second liberation” fighters into establishment politics allowed the diaspora organisations to pursue diplomatic engagement, which later developed into the search for a slippery détente, especially with the Washington DC embassy. When the DC embassy sneezes, the rest catch a cold. There has been progress to be sure, as with two steps forward, one backward. The diaspora itself also bears responsibility for that one step back.

Attaining unity of purpose among Kenyans abroad has been a great challenge. Partisan and ethnic divisions have in the past contributed to rancour that spread its poison through social media exchanges; this was witnessed especially during the 2007 election period. Some continue to maintain a grotesquery of nationhood that elevates deep tribal loyalties in foreign lands. These are inconvenient truths that the diaspora does not like to see published, but they need to be reflected back and acknowledged often until the reflection in the mirror is altered by its bearer.

American tribalism

The thought about the diaspora’s struggle with tribalism snaps me back to what America just went through: the most bizarre campaign period that saw the rise of Donald Trump. My Kenyan understanding and experience of tribalism made me grasp the demagoguery of Trump as a tribal kingpin funnelling primitive emotions for his own gain.

Looking at the phenomenon through the neorealist spectrum, one could see that the extremist members of the Caucasian tribe had succeeded in defining the interests of the country as primarily those of the white race. Trump is the embodiment of animus dominandi, or the obsessive desire for dominance that, at any cost, procures the interests of a race that feels threatened by subjugation, the said subjugation being real or imagined. It is quite reminiscent of the 41-against-1 rhetoric in Kenya.

Attaining unity of purpose among Kenyans abroad has been a great challenge. Partisan and ethnic divisions have in the past contributed to rancour that spread its poison through social media exchanges; this was witnessed especially during the 2007 election period.

A section of White America has been observing the dwindling numbers of its own race and the rise of minority groups in demographics, political power and consumption of resources. Like animals in a jungle, animus dominandi dictated that power must be grabbed back for the sake of survival and greatness.

Trump’s followers were not just driven by their frustration with Washington politics – that swamp that needed to be drained – they were also driven by a primal fear that found its perfect camouflage in the slogan “Make America Great Again”. The entire scenario mirrored what I knew to be true in my country, Kenya. American tribal politics had driven a wedge between a people that should have built a nation as one people.

The US voting system

Every polling station in the United States has a trained team of election judges whose job is to execute a fair and accessible election. The team is led by a chief election judge whose job is to: ensure early arrival of all voting material under tight security provided by the police department; set up the polling station; coordinate the judges; field questions from journalists and observers; tally the votes at the top of every hour and post the results hourly at a publicly visible place within the polling station; and ensure that voting machines are emptied and locked at the end of the day.

Each step is witnessed by party agents; this ensures the auditing process is incorporated from the beginning to the end. It is also a chief election judge’s job to ensure the storage device that contains the final tally in digital format is securely transported to the Board of Elections counting center where canvassing is done. Canvassing in this case refers to the final tallying, verification and audit of the votes, which produces the official count. This included absentee ballots, provisional ballots, vote-by-mail ballots and early voting ballots. The results that come out of the polling stations, before official count, are believed to be a true reflection of the people’s choice because the auditing starts right from the first hour of the voting process. Claims of voter fraud have been debunked by various political forensics. Out of 135 million voters, there were only a reported four cases of voter fraud, a negligible percentage.

My experience as an election judge showed me just how near-impossible it is to rig an American election process, even with voter registries that have a good number of dead people. A voter who comes in to vote as one of the dead persons has to go through biometric verification before getting a ballot. That is the same safeguard the Kenyan system is intended to provide. The rigging with Kenya comes in when one party is known to have access to IEBC voter rolls and can manipulate the numbers as the election proceeds. This was the case in the 2013 elections, which resulted in the machines declaring over a million spoilt votes, leading to the abandonment of a system that had cost billions of shillings and using manual counting. Rigging robs a country of massive resources.

Trump is the embodiment of animus dominandi, or the obsessive desire for dominance that, at any cost, procures the interests of a race that feels threatened by subjugation, the said subjugation being real or imagined. It is quite reminiscent of the 41-against-1 rhetoric in Kenya.

At the moment, Kenyans are struggling with trusting registries that are confirmed to have thousands of dead people still registered. This should not be a point of worry. The diligence of election officials at polling stations should be enough to stop anyone trying to appropriate someone else’s identity. Death is a daily guarantee, and it should be no mystery that names of deceased persons appear on registries for a period of time. Voter purging should be as frequent as practically possible to remove deceased persons.

However, in the current US situation, there’s fear that the federal government wants to control voter data in order to do its own targeted purging. Because voting is state-controlled, each state is able to independently deny the request of the president’s commission to release voter data; this hinders any attempt by a rogue establishment to engage in large-scale voter suppression.

Bold legacies

Absentee voting is the method most commonly used by US residents living abroad. They register online through the Federal Voting Assistance Program that sends them absentee ballots. Once filled out, these are mailed back to the voter’s claimed state of last residence in the US. Should an absentee ballot not be received on time, one can still vote online through the Federal Write-In Absentee Ballot.

The US diaspora also faces the challenge of counting the uncountable. While the State Department puts that population at 7.6 million, the Migration Policy Institute (MPI) states, “Despite efforts by American organizations and the U.S. government to achieve more consistency, current estimates vary from 2.2 million to 6.8 million — a substantial range.” The lesson here should be that the challenge of statistics, though important, should not be used as an excuse to delay the enfranchisement of Kenyans abroad.

A constituency that is bound by unique characteristics provides an opportunity for innovative solutions. Diaspora voting for Kenyans abroad has become a problem child for IEBC and the government, yet it presents one of the most exciting frontiers in the science of voting methods and technology. All it requires is one bold and visionary official who welcomes the challenge with a determination to leave a legacy. There has to be a beginning, one that must break through the doubts and fears of rigging and manipulation of a diaspora vote.

The implementation of online voting for the diaspora constituency should still be seriously considered. In 2013, we attended a workshop organised by the International Foundation for Electoral Systems (IFES) in Washington, DC. A team of expert computer programmers led by Dr. Alex Halderman, professor of computer science and engineering at the University of Michigan, made a presentation on the danger of online voting. While he and the IEBC team were impressed by our i-Vote platform devised for diaspora voting, they cautioned that online systems were not ready for use. This may be true, but that does not mean we cannot conquer new frontiers. Estonia is fully aware of all the pitfalls of online voting, but that did not stop that small country from embracing the technology, and efficiently implementing e-government in all its sectors. It has presented itself as a case study, willing to fail and reinvent and conquer. This should be the spirit that guides Kenya.

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Ms Hall is a freelance writer based in the USA

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China and Africa’s Debt Crisis

Ahead of the Forum on China-Africa Cooperation (FOCAC), Tim Zajontz looks at the immense amounts of debt African governments owe Chinese lenders. This debt is central to capitalist accumulation and financial extraction from the African continent. Zajontz argues that Chinese capital is now pivotal to the global circuit of capital and China, just like other creditors, uses debt for the conquest of Africa and its resources.

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From 29-30 November, the Forum on China-Africa Cooperation (FOCAC) gathered for the first time since the onset of the Covid-19 pandemic at the ministerial level. While the official narrative around the 8th FOCAC meeting in Dakar reiterates ‘win-win cooperation’ (合作共赢) and promises to ‘Deepen China-Africa Partnership and Promote Sustainable Development to Build a China-Africa Community with a Shared Future in the New Era’, the unburdened enthusiasm that once surrounded high-level FOCAC meetings is long gone. Particularly, the immense amounts of debt that some African governments owe Chinese lenders have become a delicate issue affecting Africa-China relations. Several African governments are currently negotiating with creditors and the International Monetary Fund (IMF) how to restructure and manage their debts. It is clear now that, after a decade of unfettered lending from Chinese and non-Chinese creditors, the post-pandemic ‘payback period’ will come at immense social costs. Africa’s debt owed to China will therefore be high up on the agenda of in camera meetings between African and Chinese officials in Dakar.

Even before the Covid-19 pandemic added urgency to the matter, China’s rise to become the world’s largest bilateral creditor, holding 57% of low-income countries’ bilateral debt in 2020, has caused controversies in African capitals and beyond. Chinese overseas lending has been infamously branded as ‘debt trap diplomacy’ and politically instrumentalised by the Trump administration and other hypocrites in the West. The latter have been quick to accuse China of leveraging its influence in Africa through loans, whilst they have usually remained entirely silent regarding the complicity of Western capital in the systematic underdevelopment of the continent. There have since been commendable research efforts to demystify the ‘debt trap’ narrative and to shed light (especially by means of more reliable data) on a topic that is complicated by the opacity pertaining to African debt exposure to China. Accordingly, the China-Africa Project, a news outlet covering Africa-China relations, has recently put to rest the narrative of a ‘Chinese debt trap diplomacy’.

In a recent article in ROAPE, I reflect on the scholarly debate on debt in the rapidly growing field of China-Africa studies and call for a critical research agenda which problematises the function of debt in late capitalism and calls into question dominant development paradigms and policies that have sustained Africa’s financial dependency. According to World Bank figures, the external debt stock of ‘Sub-Saharan Africa’ has more than doubled throughout the 2010s, from $305 billion in 2010 to $705 billion in 2020.

After highly indebted African states had seen debt write-offs under multilateral debt relief initiatives in the 2000s, Africa’s current debt cycle commenced against the background of the ‘commodities super cycle’ and related ‘Africa rising’ narratives. African governments, now with relatively clean balance sheets, rushed onto global capital markets, and increasingly to Chinese policy banks, to sign bonds, loans and export credits. Debt accumulation in Africa has since been further fuelled by the now hegemonic paradigm of ‘infrastructure-led development’, which, as described by Seth Schindler and J. Miguel Kanai, is promoted by a ‘global growth coalition’ that advocates ‘financing and financializing infrastructure’ to get African ‘territories right’ for their seamless integration into global markets.

Much of the scholarly debate around African debt owed to China has been focused on providing an evidence-based corrective to the ‘debt trap narrative’ – doubtlessly a commendable effort. However, we must not risk reducing debt to its discourse but expose its centrality to capitalist accumulation generally and financial extraction from the African continent in particular. Just like capital, debt is a social relation marked by asymmetrical material relations and power differentials between debtor and lender. As Tim Di Muzio and Richard Robbins argue in Debt as Power, ‘debt within capitalist modernity is a social technology of power […]. In capitalism, the prevailing logic is the logic of differential accumulation, and given that debt instruments far outweigh equity instruments, we can safely claim that interest-bearing debt is the primary way in which economic inequality is generated as more money is redistributed to creditors.’ It is primarily the asymmetry inherent to the debt relationship and resultant power differentials – not only the politicised ‘debt trap’ narrative, flawed and problematic as it is – that have made it increasingly difficult for the Chinese government to sustain official narratives that suggest the horizontality of relations between China and the global South.

Chinese (state) capital is now pivotal to the global circuit of capital and, just like other creditors, employs the social technology of debt in Africa and elsewhere. The massive increase in Chinese overseas lending over the last two decades has been central to efforts to address chronic overaccumulation within the Chinese economy through what David Harvey called ‘spatio-temporal fixes’, the geographical expansion and temporal deferral (for instance by means of debt financing) of surplus capital. China’s Belt and Road Initiative (BRI) has become the superstructure to organise a series of such ‘fixes’ and the African continent – in line with the logic of uneven geographical development that is inherent to capitalism – a welcome outlet for Chinese surplus materials and finance capital.

It is now clear that several African governments have overextended themselves by taking on unsustainable amounts of loan financing (both from Chinese and non-Chinese sources). While Chinese lenders have been lenient to reschedule debt payments amidst the Covid-19 pandemic, African governments cannot expect blanket debt forgiveness from Beijing. China’s current spatio-temporal fixes need to see returns eventually.

As the IMF is yet again visiting Addis Ababa, Lusaka, and Nairobi to resurrect fiscal discipline and to ensure debtor compliance for the post-pandemic payback period, it is high time to acknowledge that periodic cycles of debt financing, debt distress and structural adjustment are systemic features of Africa’s integration into the global capitalist economy. It seems apposite to remember Thomas Sankara who – three months before his assassination in 1987 – argued that, ‘controlled and dominated by imperialism, debt is a skilfully managed reconquest of Africa, intended to subjugate its growth and development’. At the time, several African countries had plunged into severe debt crises which paved the way for externally ‘prescribed’ structural adjustment programmes and heralded the era of disciplinary neoliberalism, long before the latter ravaged capitalist heartlands.

Today, three and a half decades after Sankara’s famous speech at the Summit of the Organisation of African Unity, history appears to repeat itself, as Africa is yet again grappling with ‘the issue of debt’. It remains to be seen whether this time around African leaders can form the ‘united front against debt’ that Sankara called for in 1987. The upcoming FOCAC ministerial meeting in Dakar will give a first indication to this effect.

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

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‘Teach and Go Home’: Kenya’s Teachers Service Commission and the Terrors of Bureaucracy

The TSC has no mandate, and no qualification, to be peeping into classrooms and making pedagogical decisions. The litany of bureaucracy that it imposes on teachers must be abolished.

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‘Teach and Go Home’: Kenya's Teachers Service Commission and the Terrors of Bureaucracy
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On the afternoon of Friday, 12 November, Martha Omollo, a teacher in Nairobi County, was called to her school and served with a letter from the Teachers Service Commission, the government employer of teachers in public schools. The letter, which was dated that day, informed her that she had been transferred to a school in Trans Nzoia County, 400 kilometres away, and that she was to report ready to teach the following Monday, 15th November.

Earlier in the week, Omollo had been the spokesperson of the Teachers’ Pressure Group, which had called into question the loyalty of the union leaders to its members, and the opaque health insurance scheme into which teachers pay through involuntary salary deductions. Shortly after the press conference, Omollo received a call from the TSC Nairobi County office warning her not to publicly discuss issues facing teachers.

The idea that a teacher can pack her bags in the middle of the term and move 400 km away, ready to teach in three days, is nothing short of cruel. The move clearly disregards human nature, and the fact that teaching is, by its very essence, a profession of relationship. Teachers cannot take care of students’ minds and wellbeing when they themselves are anxious about their own wellbeing, and worse, when they are denied the freedom of thought and speech. The transfer communicates that the TSC does not care, and worse, it callously turns one teacher into a warning to other teachers.

Similar treatment of a teacher was witnessed in April this year. The media reported about a teacher, Magdalene Kimani, who trekked to a school 20km away for a number of days to administer national examinations. In reaction to this fairly innocent report, the county education office sent her a “show cause” letter, yet the report was initiated by the media rather than the other way round. The education officials were heartless to ignore the teacher’s 20km trek and then issue a threatening letter to her.

These two cases are just a microcosm of the harassment that Kenyan teachers endure under the TSC. For instance, the TSC has carried out massive transfers of teachers away from their home areas in a procedure called “delocalization”. In her appearance before the Senate, Nancy Macharia, the CEO of the TSC, justified the initiative affecting thousands of teachers as a move to encourage “national cohesion”. It is amazing that one can think that cohesion comes from displacing teachers, disrupting their families, and showing no care about what worried teachers mean for students. To make such moves that increase teachers’ anxiety during school unrest is insensitive and a symptom of bureaucratic hubris.

It should not surprise Kenyans, therefore, that this callousness is bound to show up in the schools and public spaces. Senior government officials display an amazing lack of emotional intelligence and sensitivity to ordinary professionals, and a seeming ignorance of the harm that their actions against juniors imply for the larger public. Teachers who are anxious and who feel disrespected cannot treat children with dignity and respond to the extra-ordinary circumstances of the children under their care. To expect otherwise, as the TSC seems to do, is the definition of either hubris or inhumanity.

Take, for instance, the forms that teachers have to fill in regularly. According to the TSC, teachers have to fill in 18 forms, but teachers say that the forms are more than that. The ludicrous CBC promise of paying attention to individual learners has meant that teachers fill in forms detailing the special learners in their class, the nature of the learners’ challenges, and the remedies that the teachers have taken to address those challenges. Teachers are also expected to file reports on how they have covered what KICD calls “strands” and “subs-strands”. Now that this is assessment season, teachers are also required by the Kenya National Examinations Council to assess students conducting group activities, but the assessments require the teacher to grade each individual student along six or seven measurements. This means that for one subject taught to one class of sixty students, a teacher is filling in 60 rows x 7 columns.

Senior government officials display an amazing lack of emotional intelligence and sensitivity to ordinary professionals.

The problem with this work is not simply the amount. It’s that the work is demeaning. Teachers are filling in paperwork about teaching rather than doing the actual teaching. In the language of the anthropologist David Graeber, this is the “bullshitization” of work caused by an increase in bureaucrats with nothing to do but supervise others. The point of these forms is not to improve teaching and learning, as the bureaucrats have deluded themselves. The point is control by people who spend their days in offices and do not understand the beauty and mystery of the human connection between teachers and children, nor the fact that that beauty and mystery cannot be translated into numerical measurements. By some perverse psychology, Graeber explains, work in the neoliberal era has meant an exponential increase in administrators who subsequently use bureaucratic tools to terrorize the people doing the actual work.

I do not use the word “terrorize” lightly. The word has been used by education scholars in their assessments of performance appraisal for teachers, including by the eminent British education sociologist Stephen J. Ball, in his well-cited journal article The Teacher’s Soul and the Terrors of Performativity. The nature of terror is to plant shame and fear in the individual, make the individual feel isolated and therefore incapable of changing anything about their condition. Terror is also characterized by a lack of predictability. And because the system is always incoherent and inconsistent, teachers can never tell where the attack will come from. No matter what the teacher does, the teacher is never good enough.

One teacher told me that with TPAD, teachers are told to rate themselves but not too much, and then punished for not achieving 100 per cent performance. The teacher put it this way: “During the introduction of TPAD, we were directed that we should not rate ourselves more than 80 per cent even when you know you have met the ‘targets’. During the recent interviews, those without evidence of it were disqualified.”

The point is control by people who spend their days in offices and do not understand the beauty and mystery of the human connection between teachers and children.

​Another tragically hilarious story was recounted in a letter to the editor of the Nation newspaper some years back. The letter, titled “TSC should listen to teachers’ voice on appraisal row”, read:

Back in 2010, quality assurance and standards personnel from the Ministry of Education visited the school I was teaching in then.

As a routine, they demanded to inspect teachers’ ‘tools of trade’, as they called them. These included schemes of work, records of work books, lesson notes and lesson plans and files containing learners’ progress reports, amongst many others. We complied. Only one member of staff had all these. The rest of us, in a staff of 27, including the principal, had one or more documents missing.

After perusal, we were given a lengthy lecture on how ‘lazy’ we had become, and that only one of us merited a recognition in a public forum, notably, the school’s Annual General Meeting, and that the institution would be posting better results were we to emulate our colleague.

After the exit of the QASO personnel, the entire staffroom burst into laughter. Months later, the teacher in question was transferred following complaints from parents and learners over his below par delivery and alcoholism.

This is an egregious story of how bureaucrats confuse measures and tools of work with the actual work itself. Humiliating teachers for not having submitted complete records is similar to judging a carpenter’s work not by the furniture but by the carpenter’s hammer. For the teacher, part of the torture of performance appraisal comes from the consciousness that the work that one is doing is barely a reflection of the real work of teaching. As the story shows, a teacher actually teaching in the classroom is unlikely to achieve perfect record keeping, and yet, it is the lack of record keeping that is used to judge the teacher as lax and incompetent.

As Ball explains, the goal of teacher appraisals is not the improvement of teaching, as education bureaucrats claim. The real goal is to capture the teacher’s soul. The demand for performativity seeks to change not what teachers do, but who the teachers are. It is a vicious power grab aimed at denying teachers the ability to make judgements based on their professional opinion, and at making the bureaucrats and managers, rather than the children in their classrooms, the main focus of teaching. This obsession is so acute in the TSC, that as the latest wave of school fires began a few weeks ago, teachers were simultaneously receiving text messages from their employer reminding them to meet the deadlines for their appraisals. In other words, our children are not a priority for the education bureaucrats. It is for this reason that many teachers have adopted the “teach and go home” philosophy. It even has an acronym: TAGH.

The common sense of cruelty

How is this cruelty so easily enforced without public resistance?

Part of what makes appraisals so difficult to resist is that they sound like common sense. The argument of the managerialists and politicians in support of appraisals goes something like this: Public education is useless and is failing our children (the Kenyan version is that it produces incompetent graduates). The problem is the teachers. To improve our education and make teachers work better, teachers need to be policed with appraisals or performance contracts, where their performance is measured by a score.

This logic is devilishly convincing when one has no personal experience of teaching. I have been studying performance management in education for a decade, and to this day, I still struggle with explaining why the system is abusive. The common sense character comes from Anglo-American billionaires and politicians whose power and access to the media allows them to spread the narrative of truant and incompetent teachers who are overpaid by the state and protected by permanent and pensionable terms (called “tenure” in the US). Teachers in the US, UK and Australia, among other English-speaking countries have gallantly resisted this attack, but their struggle has been rendered longer and harder by the fact that politicians and billionaires have used the media to poison the public’s opinion of teachers.

The demand for performativity seeks to change not what teachers do, but who the teachers are.

The demonization of teachers is, in reality, an effort to end job security for teachers and replace it with appraisals, or what American conservatives call “teacher accountability”. To avoid the political mess of firing teachers en masse, these haters of teachers call for more measurement of teachers’ work. They also advocate for drastic measures like shaming and firing teachers, and closing schools that do not meet “standards”, standards that are solely determined by students’ examination scores. Appraisal management is a large-scale and sanitized form of “constructive dismissal”, which is the technical term for workplace bullying, where a worker is deliberately mistreated so that they can quit. The tactics are working, because many teachers tell me that they want to quit.

Microsoft seems to be preparing for such a scenario where the number of trained teachers will be so insufficient that technology will have to do the teachers’ work. Microsoft came on my radar when one teacher wrote to me that part of the TSC’s regime of form-filling includes teachers uploading their notes on Microsoft. It appears that when the president attended the Global Partners for Education conference in London in August 2021, one of the events was to sign a deal with Microsoft whose goal was vaguely defined as “to enable the best use of technology to dramatically enhance learning.”

The article gives no details of what Microsoft intends to do with those notes, but one can legitimately worry that the point is to eventually use those notes to create lessons for which Microsoft will charge Kenyans, and probably without honouring the copyright of teachers. If such is the case, then the teaching profession is essentially a plantation in which the TSC is the foreman that terrorizes teachers to extract materials for foreign companies to exploit.

There is yet another common sense narrative to make us accommodate this potential exploitation, and this narrative came with CBC. It is the narrative of “individual talent” and “personalized learning”. When Kenyans hear it, they think the discussion is about a human teacher giving loving and individual attention to each child, when in fact, the corporates are talking about children learning from tablets and without teachers.

This hatred for teachers is not about education. It’s a cruel contempt for society and especially for the poor whom, the rich think, do not deserve a good education, least of all at public expense. Others suggest that it comes from contempt for teachers as people with expertise, and as members of unions that are still standing up against the casualization of labour. Rev. William J. Barber also mentioned another logic of this attack: “The reason they want to privatize education is because a lot of people who are greedy know that they can’t make as much money out in other markets now. So they want to come in and siphon off money from the government for their own personal pockets. Some of them don’t hate government; they just hate government money going to anybody but them.”

Whatever the case, the war against teachers and public education, which has a peculiarly Anglo-American character, is a war that has been waged against Kenyan public school teachers since 2010, led by the current president who was Finance Minister and Acting Education Minister then, and with the help of the British Government. As Nimi Hoffman details in her article, the DfID engaged British academics who used unethical means to push for a project that undermined teachers’ unions through hiring contract teachers on low pay. The project was piloted in Kakamega County and was rigorously resisted by the teachers’ unions.

It is for this reason that many teachers have adopted the philosophy of “teach and go home”.

The relentless effort to casualize teaching continued in April 2015, when the TSC announced the replacement of the punitive performance management system with a more “encouraging” appraisal system. The pilot project was funded by the World Bank, and the British Council funded the implementation of appraisals. To anticipate the resistance of the union officials, the then TSC chief executive officer Gabriel Lengoiboni reminded them that they had implicitly accepted the project when they participated in the benchmarking trip to Britain in 2014.

Education policy in Africa has largely been influenced in this way. Foreign governments offer trips abroad for teachers, and the familiarity disempowers teachers from questioning or opposing the policy being subtly pushed through this informal networking. Even the Bologna Process, largely responsible for the bureaucratization of Kenyan higher education, was entrenched through sponsored trips to Europe for African vice-chancellors and senior academics.

Truth is exposure

The way to end this intricate system of decadence in the school system is through public exposure. But education leaders in Kenya are notoriously secretive, fanatically hostile to self-examination and ironically, steadfastly resistant to public interrogation. Learning institutions muzzle teaching professionals despite academic freedom being guaranteed by the constitution. The Kenya Institute of Curriculum Development replaced the education system with competency but avoided any debate in the media about their choice. The TSC terrorizes teachers in the shadows and punishes teachers for any publicity in the media. In the universities, public debate is discouraged through an insidious rebuke of disagreement as “attacking people personally” and with calls for intervention from a third party to lead in reconciliation. Being a teacher in Kenya’s colonial school system is like living in a bad version of the movie “Stepford Wives”, where people are supposed to ignore reality and humanity and live in a fictional utopia.

There is little difference between this scenario and witchcraft. The defining characteristic of witchcraft is that actions happen in the shadows, supposedly with no human actors, as if brought about by the wind, with nobody to hold accountable. There is no one to name, no one to be held responsible. Education institutions maintain a stoic silence in the delusion that because education bureaucrats have blocked their ears and cannot hear alternative voices and visions of education, those alternatives do not exist.

The demonization of teachers is, in reality, an effort to end job security for teachers and replace it with appraisals, or what American conservatives call “teacher accountability”.

This is why we need a Truth and Justice Commission for education. We need a public forum where Kenyans are forced to hear all the participants in education, especially those who are the most vulnerable. It is time for Kenyans to stop listening to the disjointed stories of the media, the propaganda of the private sector, and the silence of educational institutions, and to construct for themselves a complete story that connects the dots between the brutality suffered by our children, the terror experienced by teachers, the deaf ears of education bureaucrats and the sadism of the Kenyan public. Our faith in the colonial education system is a national delusion that can only be cured by the truth.

In the immediate, TPAD and the litany of bureaucracy which the TSC imposes on teachers needs to be abolished. The TSC has no mandate, and no qualification, to be peeping into the classrooms and making pedagogical decisions. Despite its “Commission”, tag the TSC’s role is mainly human resource clerical work. If the TSC officers want to enjoy the dignity of teaching, they are welcome to join us in the classroom. As they know, there are not enough teachers, and moving with their salaries to the classroom would save the country some money for hiring teachers. Likewise, the yearly assessments of the Kenya National Examination Council need to be done away with. With the introduction of CBC, the KICD promised Kenyans the end of exam obsession. It is ridiculous that CBC is now increasing yearly assessments all the way down to primary school. And Martha Omollo’s transfer should be reversed. The remedial measures should be guided by this simple principle: our children deserve to be taught by adults who are free in thinking, creative in teaching, and caring in interaction.

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Prebendal Politics and Transition to Democracy in Somalia

The Somali political space is a marketplace that does not allow for free and fair elections and diminishes the credibility and legitimacy of the electoral process, hindering the emergence of democracy in Somalia.

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Prebendal Politics and Transition to Democracy in Somalia
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Government should belong to the people, be for the people and by the people. This is the democratic ideal borne out of man’s innate desire for good governance, societal stability, and development. Credible elections are the hub around which the practice of ideal and sustainable democracy revolves.

As such, it is closely tied to the growth and development of democratic political order. To realise this democratic ideal, however, electing people to participate in government should be freely and fairly done to allow for the right choice of the electorates to emerge. The elections process is the only means of guaranteeing the credibility and sanctity of democratic practice. The election becomes a crucial point in the continuum of democratisation and an imperative means of giving voice to the people’s will, which is the basis of government authority.

Fundamentally, democratic development involves the practice and sustainability of regular, credible electoral conducts and processes. In fact, one of the cardinal features of democratic practice is the conduct of credible, free and fair elections. Therefore, the cardinal issue in a democratic polity could viewed as the method of selecting people who govern at any point in time.

Indirect election

Conducting elections in fragile countries like Somalia cannot be an easy task by any yardstick. Conducting free and fair elections in such a polity, that gives the victor free reign to grab resources, is a much more difficult assignment the success of which even angels cannot guarantee. This is in large part because of the insecurity, political infighting amongst the elites, endemic corruption and the threat from Al-Shabaab. The militant group has historically made it difficult to hold elections in Somalia by threatening to attack polling places.

To minimize concerns about Al-Shabaab disrupting elections, Somali political leaders and their international allies have supported a narrow voting process based on a power-sharing formula between clans, rather than a popular vote (universal suffrage is still a distant dream for the country) and adopted the electoral college model. In the model, elders are selected from across the diverse clans and they, in turn, nominate or elect parliamentarians, who in turn elect the president. Initially, one elder from each clan picked one member of parliament (MP), but this has now changed to an electoral college system. In this system, each clan still appoints one member of parliament, but instead of one person deciding, each clan picks 51 of its members to vote for that clan’s one representative in the lower house of parliament as happened in 2016/17 indirect election.

Since early 2000, Somalia has had four indirect national elections and witnessed a peaceful transfer of power from one civilian to another. In 2012, 135 traditional clan elders elected members of parliament, who in turn elected their speakers and the federal president. In 2016, elections were conducted in one location in each federal member state. The 135 traditional clan elders also selected the members of the 275 electoral colleges made up of 51 delegates per seat, constituting the total college of 14,025. On the other hand, the senate (upper house) members were nominated by the federal member state presidents, while the federal member state parliament selected the final members of the upper house.

The ongoing (2020/21) election mirrors the 2016 exercise but has expanded the number of delegates involved in the lower house (electoral collegeElectoral College) from 51 to 101 delegates. This expansion raised the number of participants in the lower house election from 14,025 to 27,775—a notable growth in suffrage. Furthermore, the September 2020 agreement increased the number of voting centres per member state from one to two. It also established federal and state election commissions to oversee the polls. However, elections in Somalia have lacked the basic ingredients of democratic elections as most Somalis are not included in the voting. The elections have also been characterised by pervasive corruption and widespread electoral fraud.

It is common knowledge in Somalia that running in an election and winning requires not only political clout but also a lot of money. An aspiring politician needs the help of a well-heeled or well-grounded politician or a money bag to bankroll their political campaign to see success in such an endeavour. This is mainly because taking political office in Somalia has come to be seen primarily as a means of enrichment and of gaining influence, and not as an opportunity to serve the people.

Somali elites and prospective parliamentarians receive campaign funding from both internal and external actors. External actors include neighbouring countries such as Kenya and Ethiopia, Gulf countries and Western allies. On the other hand, internally, the key powerbrokers are the elites who have captured states and regions, and particularly those who had mastered the art of obtaining contracts during the war; they have built business empires in the import/export sectors, construction and rebuilding, clearance and customs and are now playing a critical role in politics.

The cost of democracy 

In the electoral collegeElectoral College system, the price of votes ranges from US$5,000 to US$30,000, with politics at the local and national levels recognised to have become increasingly monetised over time. Some candidates are said to have offered bribes of up to US$1.3 million to secure votes. Jeffrey Gentlemen reports that in 2012 former President Hassan Sheikh Mohamud gave several clan elders a US$5,000 bribe each to influence the choice of their clan’s representatives in Parliament.

The 2012 parliamentary and presidential elections that brought Hassan Sheikh to power had little legitimacy, and they were criticised as the most fraudulent in Somalia’s history. Hassan Sheikh was elected as President, backed by the Qatari Government with money brought to Mogadishu by Farah Abdulkadir (a former Minister of Justice and Constitutional Affairs), and business and political allies in Mogadishu. The various processes and elections to put together the leadership of the federal member states were also marred by high levels of corruption and intimidation.

Taking political office in Somalia has come to be seen primarily as a means of enrichment and of gaining influence, and not as an opportunity to serve the people.

The 2016/17 federal election involved a significant amount of money. Farmaajo’s win surprised most observers, and Somali analysts estimate that at least US$20 million changed hands during the parliamentary elections that culminated in the presidential election. Farmaajo’s supporters had hoped that he could be the answer to corruption and extremism in Somalia, but he too succumbed to corruption. He is believed to have influenced elections in the federal member states using money and coercion. During Farmaajo’s time in office corruption worsened and security deteriorated.

Between 2017 and 2021, elections were held across the federal member states that optimised the defining features of prebend, the salience of clan identity, and the pervasive use of violence and money. In Puntland, incumbent President Said Abdullahi Dani narrowly won the election after carefully crafting an alliance of two clan-based interests, The Saleban Clans.  An estimated US$15 million changed hands in the week before the election, with all candidates using money to buy support.

In Galmudug, FGS employed the Somalia National Army (SNA) and Ethiopian military support to restrict opposition figures and elders access to voting centres. The FGS was able to disarm Ahla Sunna Wal Jamma using financial incentives. Eventually, Ahmed Abdi Kaariye, also known as Qoor, won the election with the support of the federal government.

In the Hirshabelle election, the FGS spent more than US$1.2 million to secure the election of the Hirshabelle president. Former Al-Shabaab leader Mukhtar Robow was the running favourite in the South-West State elections. Robow is from an influential Leysan sub-clan (one of the largest in South-west State) with a loyal clan militia, and he was considered widely popular among the broader population. He reportedly refused a significant financial pay-off not to take part in the election and was duly arrested by Ethiopian forces acting on behalf of the federal government before the election itself.

The arrest of Mukhtar Robow and the blatant intervention of Ethiopian forces on behalf of the federal government led to a demonstration and a reported 15 deaths. A critical statement by Nicholas Haysom, Special Representative of the U.N. Secretary-General, in which he raised questions over allegations of abuses by forces loyal to the federal government saw him declared persona non grata.

The long-delayed parliamentary and presidential election was supposed to offer Somalis universal suffrage. However, given the security and logistical challenges of conducting an election in Somalia, as mentioned previously, Somalis opted for indirect election, and so far, the election of members of the senate has been concluded. It is commendable that the majority of senators have been elected by the FMS state legislature in accordance with the electoral model adopted on 17 September. However, the senate election was marred by foul play where FMS presidents and elites pre-determined the winners of every seat, contrary to the agreements and the national interest. The cases of corruption were widely reported; bribes were given to the state legislatures by aspiring senators and their sponsors, including federal and regional executives.

The election for the lower house has just started. Each of the 275 members of the lower house will be elected by an electoral college of 101 clan elders and civil society, determined through the collaboration of the FMS authorities, clan elders and civil society. Nonetheless, the lack of criteria by which the members of civil society and clan elders will be selected has created great concern among the public. It is widely believed that the federal member state presidents have the upper hand in the process, as they also play a role in determining clan elders and civil society. Corruption and vote buying are widespread in all regions; prospective parliamentarians are buying votes.

Abdi Malik Abdullahi tweeted, “2021 electoral process in Somalia is commercialised and sham.” On her part, Hodan Ali tweeted, “Somali politicians poised to spend 10s of millions of dollars on election rigging/buying while millions face killer drought conditions across the country.” Nadeef shared similar view. He noted, “I have realised that Somali leaders are not trying to fix any of our problems. They are trying to make enough money and get enough power so that problems that affect us don’t reach them.”

Given the foregoing, it is clear that taking political office is perceived more as a means to personal economic advancement. This, no doubt, intensifies the unhealthy rivalry and competition for political office that triggers corruption, election rigging, violent conflicts and even coups. In recent years, those seeking power have included prominent scholars coming from all corners of the world to seek elective office on the strength of the size of their pocket. Indeed, the Somali political space is a marketplace that does not allow for free and fair elections and diminishes the credibility and legitimacy of the electoral process, hindering the emergence of democracy in Somalia.

External Influence 

In both Somalia and the West, these influences are believed to be coming from five or six Middle Eastern and African countries with various interests in Somalia. These countries include Turkey, Qatar, the United Arab Emirates (UAE), Ethiopia, Kenya, Egypt, and Sudan. They have been increasingly involved in providing the political elites with campaign money to secure their specific objectives such as access to oil, port and airport development projects, and other business opportunities. Turkey has financial and infrastructure interests in Somalia, including significant investment in the Mogadishu airport. Qatar is a supporter of the Muslim Brotherhood and wishes to see its regional influence expand in East Africa. The United Arab Emirates opposes the Muslim Brotherhood, and may therefore be acting to counteract Qatari influence in East Africa.

Corruption and vote buying are widespread in all regions; prospective parliamentarians are buying votes.

The Gulf crisis has made Somalia a proxy ground for strategic rivalries across the wider region. Qatar and Turkey have supported the last two presidents. Under Farmaajo’s presidency, the UAE supported federal member states and their oppositions, enhancing the bargaining power of federal member state elites in the political marketplace. The UAE is reported to have made payments to parliamentarians and has directed considerable investment towards Puntland, Somaliland and Galmudug. The UAE has also maintained its corporate interests in port development and strategic infrastructure in Berbera, Bossaso and Hobyo.

On the other hand, maritime disputes between Kenya and Somalia have raised Kenya’s involvement profile. FGS has accused Kenya of supporting Jubaland president Ahmed Madobe against the federal government. Ethiopia remains one of the most influential actors in Somalia and since the election of Abiy Ahmed in 2018, the country has taken a much stronger position in supporting the federal government.

Domestic dynamics

Internal actors including clan elders, political entrepreneurs, conglomerates and technocrats are entangled in a web of political clientelism, kickbacks and redistribution, and debt relations. The federal formula has shaped elite political competition around access to external rents in Somalia.

In recent years, those seeking power have included prominent scholars coming from all corners of the world to seek elective office on the strength of the size of their pocket.

These actors use territorial control, access to strategic infrastructure and foreign exchange to protect their ill-gotten assets and to secure new opportunities. These businesses cope with containing cost and risk by stashing wealth abroad and by avoiding growth to circumvent the attention of governance providers and armed actors who may wish to extract or take a stake in an expanding business.

Consequences of state capture by elites and external actors

The consequences of corruption will be far-reaching. Donors will expect to call the shots after an election. This will constitute a cog in the wheel of progress of such a political entity, with outside forces dictating the direction politics and development will take. It may become difficult for the Somali government to act in the interests of the Somali people rather than those of foreign capital since the occupants of political office will owe allegiance to the money bag (the godfather) rather than the state.

It has become increasingly clear that the main incentive for joining politics in Somalia has become prebendal as the issues of democratic ideals and political ideology are relegated to the background. Ideally, ideology serves as a guide to an individual politician and to a political party’s development initiatives, policies, programmes and actions. This is because a political leadership that emerges without ideology will lack development focus and discipline and not be subject to the rule of law.

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