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The End Of The Line: Predicting Kenya’s Vote on August 8

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Jubilee

The last opinion polls have been published and the final rallies announced for Saturday 5th August. The long, painful political race in Kenya is almost over. It is time therefore to produce my third and final review of events since mid-July and my eve of poll prediction of the results in the upcoming general election.

As with the first two pieces, this is a not-for-profit work, which does not campaign for any party or make value judgements about either’s fitness for office. I am not perfectly neutral of course. Having made a series of predictions over the last year, I may be too embedded in my own thinking and place more weight on evidence that supports my previous opinion than that which contradicts it. Only time will tell. It is based on the idea that things will carry on much as before over the last few days before the poll, and that there will not for example be a major terrorist incident or the death or injury of a senior politician. In such situations, all bets are off.

So, where do we stand at the presidential level? The lacklustre Jubilee campaign improved from May 2017 onwards, but still seems – as I said in June – “strangely unconvincing”. They have “poured” less money into the campaign than expected, though this is changing in the last few days with a centrally organised mobilisation using county assembly members (MCA) to cement their homelands and get the vote out. Jubilee as a party has barely campaigned in the national media, instead using cabinet secretaries and state media to sell its achievements and focussing most of its party campaigning messages regionally. Uhuru Kenyatta and William Ruto have been dispatched on a punishing schedule nationwide for the last two months, most of their messages focussing on local development and jobs for local communities, but with a subtext of “we may not be perfect, but we have delivered some things, and better the devil you know than the devil you don’t”. In the last two or three weeks, the drift to NASA has stopped and their respective vote shares have stabilised. There are fewer and fewer “undecideds”. There is confidence in the Jubilee campaign, but they remain jittery and there seems a consensus that their campaign has been poor.

However, [NASA’s] main “bandwagon” strategy – that they can and will win – has been undermined by their repeated claims of election rigging by or through the IEBC, of which there have been more than 30 during the last 12 months.

The NASA alliance meanwhile has continued to campaign effectively and appears to have matched Jubilee financially, though they are apparently running short of money in the last few days. Their criticisms of state corruption and high food prices and promises of greater inclusion resonate with many (though they also discourage others for whom inclusion means an ethnic affirmative action programme). However, their main “bandwagon” strategy – that they can and will win – has been undermined by their repeated claims of election rigging by or through the IEBC, of which there have been more than 30 during the last 12 months. Some have been genuine and valid concerns, but many others have not. NASA now have a poor reputation for accuracy and have made several potentially unwise and incendiary statements. While many in NASA genuinely believe they will win, it seems some are preparing to demand power-sharing and negotiated democracy when they lose, using their history of allegations and the events of polling day to demand that Western powers intervene.

There have been several more opinion polls since my last piece, but the key ones were both published on 1 August (the last day that polls are permitted under Kenyan law). IPSOS’ results matched closely their July poll: a 3- point lead for Kenyatta by 47% to 44%, with 8% still undecided, refused to answer or not voting. Reapportioning the undecideds, this gives Uhuru and Ruto a 52% to 48% lead. Infotrak’s poll produced a tiny lead for Odinga by 50% to 49%, but the normal methodology for the poll was absent. TIFA and Infotrak also produced several county-level polls during the period (on Nairobi, Embu, Mombasa and Kakamega amongst others). Although these are less reliable and some may have been “tweaked” to favour particular candidates, they still provide useful data at county level (if taken with a pinch of salt).

The alliances also use their own resources to poll voters, trying all the time to hone their message and focus in on swing voters. Whilst voter targeting through social media platforms is less sophisticated than in western markets (and much cheaper to buy), it is in use in Kenya. Jubilee have spent significantly on Google, Facebook etc both in advertisements and sponsored links. Unfortunately, social media has also been the platform for delivery of an unprecedentedly high level of fake news, with anonymous identities used to seed fake videos, opinion polls and agreements between politicians into Twitter, WhatsApp and other loosely networked platforms which persuade a few that they are true (cementing prejudices they already had) but are also picked up by the mainstream media and thereby have a secondary impact. The widespread use of fakes and lies in the campaign by both sides has further brought into question the probity of Kenya’s political class.

The size and scale gap between 2013 and every other election for the past 15 years is hard to explain. So, building a turnout model based on 2013 and adjusting for changes since then risked building in rigging to the prediction.

Regionally, there has been modest “churn” – no county or community has switched sides entirely, but some have moved one way, some the other by a few percentage points. It appears that NASA are indeed stronger in Meru than I assessed in July (though Jubilee will still win easily), and have cemented their hold on the Maasai vote, but Jubilee is stronger in Bungoma and Bomet. There have been few public defections by significant political players, and the agreements stitched together by both alliances with small parties to support one or other’s presidential bid have all held firm.

Predicting the Presidency

Trying to improve on my presidential prediction model, I have made a dozen or more changes in vote share predictions in response to the opinion polls, significant rallies and other less tangible factors. I’ve shifted Nairobi even further towards NASA (now 55% for Odinga, 44% for Kenyatta), though I think it will be closer than recent polls suggest. In Machakos, Bungoma, Trans-Nzoia, Migori and Bomet I’ve upped the prediction of Jubilee’s performance, but reduced it in Narok and Kajiado (though Jubilee may still win Kajiado because of the non-Maasai population), Kiambu (parts of which are now a multi-ethnic suburb of Nairobi), Turkana and Meru. The strength of the internal insurgencies in Bomet (Isaac Rutto) and Machakos (Alfred Mutua) remain some of the great imponderables, with public and private polls giving contrary results and few sure of the outcome. Opinion polls are also giving Odinga more support among the Somali of Mandera, Wajir and Garissa than an examination of the parties’ candidates and the history of negotiated democracy between Somali clans and sub clans would suggest.

I still predict a Jubilee victory by 52% for Kenyatta and Ruto to 48% for Odinga and Musyoka, with all others less than 1% combined. On a 76% turnout, that would be just under 8 million votes for Jubilee and just over 7 million for NASA.

The other change made to the model is more significant. For some time I have been wrestling with an ethical problem. Reviewing the 2013 turnouts, in comparison with that from previous national elections since 2002, it became clear with the benefit of hindsight that turnouts were implausibly high not just in Luo Nyanza and Central Province, but in many other places. Even given the greater attention and sensitivity around the 2013 polls, the suspicion is that both parties found ways to pad their vote, and that this happened in many places. The graph below shows the turnout by county for every national presidential election or referendum since 2002, with 2013 bolded in red. The size and scale gap between 2013 and every other election for the past 15 years is hard to explain.

hornsby_3_1

So, building a turnout model based on 2013 and adjusting for changes since then risked building in rigging to the prediction. It might be more accurate – because if they have done it before, they may find a way to do it again – but it’s not right. So, instead I have changed to a weighted average model of turnout in the last five national contests: the 2013 presidency, the 2010 constitutional referendum, the 2007 presidential election, the 2005 constitutional referendum and the 2002 presidential election. Three of these are generally accepted to have been “free and fair”. The new model is weighted because it takes 50% of its prediction from 2013, 25% from 2010, 12.5% from 2007, and 7.5% from each of 2005 and 2002. The result of applying this change is that predicted turnout drops sharply, though it continues to follow the same national pattern (Central Province and Nyanza the highest, Coast the lowest).

To my surprise, when reviewing the IEBC list of gubernatorial candidates, there are 13 counties were NASA has not put up a candidate from any allied party, already conceding the seat to Jubilee and potentially depressing the Odinga Presidential vote there. There are only two (Makueni and Vihiga) which Jubilee has similarly conceded.

Putting it all together, the predicted result has changed since July, but not by much. I still predict a Jubilee victory by 52% for Kenyatta and Ruto to 48% for Odinga and Musyoka, with all others less than 1% combined. On a 76% turnout, that would be just under 8 million votes for Jubilee and just over 7 million for NASA. This assumes that the new IEBC technology delivers at least some of what it promises, by preventing the dead from voting and clerks from voting for absent voters after the polls close.

hornsby_3_2

Note: one box is one county, whatever its geographical or population size.

Around the Counties

Turning to the counties and the Gubernatorial races, there have been few surprises, except for the inability of either side to get their defectors (standing as independents or as candidates in allied parties) to stand down. The pressure now to do deals will be intense and several more will retire over the weekend. NASA still risks losing the governorship in one or more of Taita-Taveta, Kwale, Lamu and Narok due to split votes (though they solved their problem in Machakos). There is a tension here, as intense local competition within an alliance pushes up the Presidential vote for their side, while it risks a split vote and losing the seat at county level, which partly explains the ambivalence of both party leaders in addressing the problem. I still predict that Mike Sonko will win Nairobi, narrowly but Peter Kenneth’s persistence despite entreaties from Uhuru, and his 3-5% support base might allow Kidero to be re-elected on a split pro-Jubilee vote. Most of my other predictions remain unchanged, though KANU is putting up a decent showing as the only real opposition to Jubilee in the North Rift, and in Western the situation is increasingly confusing as ANC, ODM and FORD Kenya take on each other as much as Jubilee. I’m predicting Wamanagati (Ford Kenya) to take Bungoma, Otuoma (pro-Raila independent) Busia, Oparanya (ODM) Kakamega and Chanzu (ANC) Vihiga. To my surprise, when reviewing the IEBC list of gubernatorial candidates, there are 13 counties were NASA has not put up a candidate from any allied party, already conceding the seat to Jubilee and potentially depressing the Odinga Presidential vote there. There are only two (Makueni and Vihiga) which Jubilee has similarly conceded.

hornsby_3_3

Overall, my final prediction is 24 Governorships for Jubilee and its allies (including KANU, FAP, PDR, EFP, PDP, PNU, MCC, NARC-Kenya and pro-Uhuru independents) and 23 for NASA and their allies and independents, a slight improvement on Jubilee’s performance in 2013. Senator and Women representatives will follow a similar pattern, though there will be less ”six piece suite” voting than in 2013, when voters’ had no experience with their roles in the new political structure. But a voter’s choice of ticket is more likely to stem either from their Presidential and Governor preference or from their MCA and Parliamentary choice, less often from their Women’s Rep or Senator.

It is the constituency Returning Officer who is the formal declarer of the presidential results (as with parliament and MCA), and therefore the electronic results sent direct from polling stations to the screens at the Bomas of Kenya are advisory only.

At the 290 parliamentary constituencies level, it is near-impossible to apply the same level of scrutiny, but at a high level, the pattern is similar. Roughly 54% of parliamentary constituencies look like being pro-Jubilee (including affiliate parties and independents); 46% pro-NASA.

An Uncomfortably “Hot” Seat

The situation for the Independent Electoral and Boundaries Commission (IEBC) is far from comfortable, tasked with running every aspect of this election under intense and hostile scrutiny. The design of the Kenya Integrated Election Management System (KIEMS), which will be used (for the first time) to capture, check and transfer the polling station results to the counts, looks strong on paper. If the system has been built as intended, it is a robust and effective tool to control rigging and ease results transmission. However, there is still the risk of errors in the IT implementation (which only extensive testing would detect) or security flaws, plus the ever-present risk of human error. And there remain confusions among the public as to whether the electronic results sent from the polling stations or the Form 34 results are the “master” (it is the latter), and whether the court’s decision regarding declaration of results empowered the polling station presiding officer or the constituency Returning Officer to announce the presidential results (again the latter). It is the constituency Returning Officer who is the formal declarer of the presidential results (as with parliament and MCA), and therefore the electronic results sent direct from polling stations to the screens at the Bomas of Kenya are advisory only. If there is a partial or systematic failure in the electronic systems or in the mobile networks (as there was in 2013) forcing some POs to “go manual”, there will be a gap between the (incomplete) automated results displayed and the (complete) official results from scanned and physical form 34s, which will take longer to arrive (being sent by email). The IEBC has decided not to announce constituency results, relying on Returning Officers to do so instead, but the result will be a discrepancy between the real tally and the one displayed on the screen, which could be the source of serious misunderstandings. This could be even more of a worry because the results will trend in favour of NASA at the start (as the urban areas are mostly pro-NASA) and towards Jubilee towards the end (most of the biggest, semi-arid northern counties are pro-Jubilee). Unlike in 2013, when the commission chair repeatedly informed Kenyans that only the paper results were valid and the electronic system just a check on them, the IEBC has been far less clear this time, relying on the mantra that “We do not expect any variances between the forms and the electronic data.”

The IEBC needs to develop and publish protocols for how it will handle various failure scenarios (such as : the KIEMS electronic transmission doesn’t match the scanned form 34; there are two form 34s; the scanned form 34 has been clumsily altered; there is no physical form 34 at all; there is a failure of the electronic system half way through polling) before they actually occur, to reduce the risk that they are accused of ‘cooking’ the results when – rather than if – things go wrong.

The unprecedented level of scrutiny by the courts of the IEBC’s actions during 2016-17 has improved the integrity of the process and public confidence in it, but it has severely delayed the IEBC’s preparations.

Their recent announcement that clerks would no longer mark the register when voters voted electronically was a smart anti-rigging move, as it mean clerks don’t know who voted, and that means they can’t go manual and “fill in” the votes for those who didn’t turn up by closing time (as is suspected to have happened in the homelands before). However, it introduces a new risk – if the electronic system fails midway through the day, then voters who voted in the morning electronically could all vote again in the afternoon physically (if they can get the ink off their fingers), which would cause complete chaos if it occurred on a large scale. Nobody really understands how a mixed mode election might work in a polling station if the electronic systems fail part way through for whatever reason.

The unprecedented level of scrutiny by the courts of the IEBC’s actions during 2016-17 has improved the integrity of the process and public confidence in it, but it has severely delayed the IEBC’s preparations. Despite their public protestations, things are far from smooth and the murder of their ICT head Chris Msando has further stressed an already pressured organisation and brought once more into sharp relief the risks of election rigging at the IEBC headquarters, despite the fact that presidential results will be issued at the constituency level. Conspiracy theorists, of which Kenya is never short, have developed several lines of thought as to why Msando was killed. Few believe his death was unconnected to his IEBC role, but the logic as to why it was done remains impenetrable. Hard-line elements in Jubilee (or the security services) are the main suspect in the minds of many, but Jubilee is the main loser from Msando’s death and the manner in which it occurred, as it strengthened fears about the risk of rigging, deepened speculation about passwords and backdoors into the IT systems, and provided yet more ‘grist to the mill’ for NASA to demand that the election be annulled in the event they lose. The possibility that it was a message to others in the IEBC organisation to follow orders on election day cannot be discounted either.

As well as the IEBC’s own systems and collation activity, several news desks and the main political parties will be running parallel constituency level counts. The ELOG domestic observer group will also be running a parallel vote tabulation, texting in the results from a sample of 1700 polling stations, which should provide a degree of validation (if available in time) for the IEBC’s results. International and domestic are also fanning out across the country this weekend to add their more anecdotal assessments of whether the election was conducted freely and fairly. The situation as the results come in is going to be even more noisy and confused than before, and if fake news is injected into the mix, the cocktail is potentially explosive.

The situation as the results come in is going to be even more noisy and confused than before, and if fake news is injected into the mix, the cocktail is potentially explosive.

Looking at the risk of post-election violence, it is near certain that there will be trouble somewhere, but it is unlikely to occur with the ferocity and scope of 2007. The security forces are far better prepared, and the continued alliance between Ruto and Kenyatta and Kikuyu and Kalenjin neutralises the fault line with the greatest potential for trouble. But there will be violence in Nairobi, Kisumu and elsewhere as the results come out if NASA have lost or if the electronic systems fail early on (few have considered a situation where the security forces are called out to respond to mass violence by pro-Jubilee youth if they are defeated). Much depends on how far the loser’s leaders are willing to go. The two key factors influencing the likelihood of trouble are the size of the winning margin for the victor and the success or failure of the IEBC in administering the election effectively, without obvious rigging. If the election is well run, turnouts and results reasonable and the margin of victory 5% or more, there will still be complaints and localised demonstrations, but they will be modest and limited. If the result is within 2% (i.e. 51%-49%) or the election proves an administrative mess and rigging is visible and widespread, the risk of trouble on 10-11 August rises dramatically. While the losers have the option to escalate to the Supreme Court through a petition, the opposition’s attempt in 2013 was unsuccessful, hamstrung by the short timeframes and burden of proof, and they are indicating an unwillingness to take that route again, in which case mass action and street violence is quite likely.

If the result is within 2% (i.e. 51%-49%) or the election proves an administrative mess and rigging is visible and widespread, the risk of trouble on 10-11 August rises dramatically.

For now, having published this prediction, I have to step back and stand or fall by it. In a strange way, if I am proved wrong, this will be good news for the country, as it will demonstrate that the old rules of “bribe and tribe” no longer dominate Kenya’s politics. Whatever the result, I wish you all the best and look forward to seeing you all “safe and sound” on the other side.

 

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

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MISSING THE FOREST FOR THE TREES: Mathare’s environmental apartheid

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MISSING THE FOREST FOR THE TREES: Mathare’s environmental apartheid

On 12th May 2018, President Uhuru Kenyatta launched the National Tree Planting Day under the slogan “Panda Miti, Penda Kenya”. It was another of those Jubilee-ese slogans that ring hollow. The event took place in Kamkunji sub-county at the Moi Forces Academy in the Eastlands part of Nairobi. This was the government’s knee-jerk response to the heavy long rains season that sparked an environmental crisis around the country. There were 32 counties affected and over 300,000 Kenyans were displaced. In his official speech, the President repeated the familiar pledge to achieve at least ten per cent forest cover, as required by the constitution, and to mitigate the effects of climate change.

The news reporting of the event focused on the power politics between Nairobi governor Mike Sonko Mbuvi and Environmental Cabinet Secretary Keriako Tobiko. Two weeks after the launch, news reports were awash with the latest financial scandal. Sh2 billion allocated to establish the green school project in all 47 counties under the auspices of the Kenya Forest Service (KFS) had been embezzled. A task force chaired by Marion Wakanyi Kamau of the Green Belt Movement released a report that revealed that Kenya’s forest depletion occurred at an alarming rate of about 5,000 hectares annually and which implicated KFS personnel. Kenyans, numbed by the numerous other cases of grand theft in the Jubilee government, hardly reacted.

Kenya, the birthplace of the Green Belt Movement and its illustrious founder, Nobel laureate Wangari Maathai, remains stuck in the optics of environmental activism. Reforestation is an activity that the media reduces to a “tree planting exercise” and has evolved into an elite pastime where prominent personalities pose for photo opportunities in formal dress next to freshly planted trees. Public forests have been privatised and primed for plunder by those tasked to protect them while corporates, NGOs and politicians plant thousands of trees in cosmetic public relations and corporate social responsibility activities without evoking any of the ecological consciousness that Wangari Maathai dedicated her life to raising. Of the several Wangari Maathai quotes I regurgitate, this particular one sticks:

“Anyone can dig a hole and plant a tree. But make sure it survives. You have to nurture it, you have to water it, you have to keep at it until it becomes rooted so that it can take of itself. There are so many enemies of trees.”

Planting trees is easy. Taking care of them requires a different level of commitment. This was Wangari’s enduring message and the one lesson my country fails to learn. This much I know because I have been involved in an urban afforestation project with Mathare Green Movement (MGM), a campaign of the Mathare Social Justice Centre ( MSJC).

Public forests have been privatised and primed for plunder by those tasked to protect them while corporates, NGOs and politicians plant thousands of trees in cosmetic public relations and corporate social responsibility activities without evoking any of the ecological consciousness that Wangari Maathai dedicated her life to raising.

The two Nairobis

In August 2017, a group of concerned Kenyans from Mathare got together and decided that they were going to plant trees in memory of all their colleagues who fell to police bullets. Over months, the activity evolved into a concerted effort at ecological and social justice using the tree as a symbol of regeneration and resistance to structural oppression.

Planting trees in Mathare is a process and not an event because the soils of this informal settlement have lost their capacity to sustain trees. Mathare Valley is an infamous slum, a crucible of suffering where white tourists arrive in droves to marvel at the resilience of its residents and to photograph the miracle of optimism. The shanty structures, a canopy of rusty brown mabati roofs separated by narrow alleys dropping down precarious rocky slopes, is home to multitudes. Broken souls exist alongside delightful children. Complete despondence rides alongside cheerfulness and the kaleidoscope of intense human interaction has made Mathare a location of extremes with no middle ground to stand on.

The physical environment is devoid of life-sustaining features. The further east you go in Nairobi, the poorer the neighbourhoods become. The absence of basic amenities and greenery and the human congestion and neglect evoke caricatures of a dystopian city. Martin Oduor, a member of MGM, tried to conduct a tree census and came to the disturbing estimate of about one tree for every 1,200 residents.

The Mathare river is turbid, dark grey and sickly – an open sewer that occasionally turns rogue on its residents, sweeping all in its path. The extent of the long-term socio-environmental damage has created the existing spectacle of human suffering that draws in “saviours and observers” from around the world fascinated by the resilience of the residents. Children, accustomed to the white benevolent visitor on a poverty safari, switch character to become entitled beggars peddling the currency of hopelessness.

Mathare is a perfect illustration of Nairobi’s environmental segregation. The informal settlement is surrounded on both sides by a leafy green belt. To get a sense of what I prefer to call environmental apartheid, one only has to shift one’s gaze to the thick wall of green that is the Muthaiga suburb to the west of Mathare.

The wealthy districts of Nairobi abut its poorer districts from where they draw much of their domestic labour: Muthaiga has Mathare, Karen has Kibera, Loresho has Kangemi, Lavington has Kawangware. A similar pattern is observed in the city’s greenery. From an aerial point of view, the classes are separated by a green belt. All of Nairobi’s best-kept public green spaces – Karura Forest, Nairobi Arboretum, City Park – are in the affluent parts of the city and maintain restricted access. The neighbourhoods to the east of the city centre have minimal public spaces and, where available, we find dusty fields with no green cover.

Mathare is a perfect illustration of Nairobi’s environmental segregation. The informal settlement is surrounded on both sides by a leafy green belt.

The reality of trees as the markers of aristocratic privilege in Nairobi’s urban spaces is rooted in the colonial state. Between 1906 and 1926, Nairobi was colonised to serve the interests of the white settler population. Eighty per cent of the city’s residential land was reserved for its white elite. The two Nairobi’s were divided into residential areas for Europeans and Asians, and peripheral housing for African labour as an afterthought. One white half of Nairobi was serviced and the other black half was neglected. The colonial zoning policy created a pattern of racial and class segregation and social stratification that persist to this day.

The 1948 Master Plan for a Colonial Capital and the 1973 Metropolitan Growth Strategy employed segregation principles to maintain racial and class divisions. After independence in 1963, the white neighbourhoods of Karen, Lavington and Muthaiga became accessible to the emerging moneyed African and Asian upper classes who, rather than reverse the social apartheid, opted for the retention of colonial governance structures.

To cater for the unserviced poor masses, an informal modernism emerged in Nairobi, created with the sole intent of exploiting vulnerable city residents. Rural-to-urban migration brought a large influx of people to the city in search of a better life who found themselves trapped in “slums” and denied social mobility by the rigid class structures. The lack of formal housing gave rise to informal settlements operating outside the legal framework and, therefore, subjected to gross violations of rights and a culture of exploitation.

Kenyan filmmaker Tosh Gitonga illustrates the desperation of rural-to-urban migrants and the plight that awaits “shags-modos” in the brutal class-restricted spaces of Nairobi in the captivating film, Nairobi Half Life. Today the primitive accumulation and land expropriation of the post-colonial state has led to 70 per cent of Nairobi’s population of 4 million living on 5 per cent of the city’s land area. Mathare’s 500,000 residents fight for dignity in an area that is barely 3 square kilometres.

Anti-human environmentalism

In his forthcoming book, Paracitations: Genre, Foreign Bodies, and the Ethics of Co-habitatation, Kenyan scholar Samson Opondo describes the economic security and greenness (which had previously been a manifestation of whiteness) becoming inscribed on a class-based identity complete with a rhetoric of “threat”. When we see trees from the purely conservation ideology of the state, we fail to problematise the socio-economic and historical contexts within which possession and disposssesion and threats emerge.

The environmental culture in Kenya is essentially anti-human. The native continues to be a threat to green spaces and must be forcibly relocated to the reserves and this access to greenery must be monitored. Public forests are protected by armies with guns and access is restricted by high fees. Opondo futher notes in his 2008 paper, “Genre and the African City: The Politics and Poetics of Urban Rhythms, that Nairobi’s hides (in the open) an ugly history of racial segregation based on the South African model of Ebenezer Howard’s Garden City concept where greening of the city corresponded with creation of structures of racial exclusion.

The environmental culture in Kenya is essentially anti-human. The native continues to be a threat to green spaces and must be forcibly relocated to the reserves and this access to greenery must be monitored.

In both South Africa and Kenya, the impoverished masses cluster in shanty towns where environmental rights only come to bear during hostile weather crisis management. Gacheke Gachihi of Mathare Social Justice Centre says, “ Our suffering is invisible.” In Kenya’s election cycle, the slum areas are hotspots that are heavily policed and a ready tinder box of ethnic rivalry, police brutality and gang violence. After every election cycle, we witness the cessation of hostilities, the withdrawal of corporate media from the spectacle of mass violence of poor against poor, state crackdown on protesting poor masses, and lockdowns.

Elections spell death, destruction and despair for the residents of Mathare. In the lead-up to August 2017 bungled elections, Mathare was marked as a “hotspot” that was heavily policed by rogue units who relish brutalising residents under siege. When it all simmers down, the politicians invariably end up negotiating new pacts, leaving residents to fall back on resilence. As soon as they turn their backs, the slow violence resumes, felt only by those within who are invisible to those on the outside – a violence that is exaceberated by an environment that is metaphorically lined with unexploded landmines. The environmentally dispossessed only make the news in the midst of great tragedy and calamities.

Hunting grounds

In the book, Slow Violence and the Environmentalism of the Poor, author Rob Nixon shed lights on the inattention to calamities “that are slow and long lasting, continuously dispensing devastation but without the necessary spectacle required to raise public outrage or sustain the fleeting attention (that) spans breaking news corporate media spectacles.”

Therefore, it is no surprise that the Kenyan public remains unaware of the humanitarian crisis in the form of extrajudicial killings in Nairobi’s slums. The MSJC brought this to light in 2017 after the launch of “Who is Next: A Participatory Action Report Against the Normalisation of Extrajudicial Executions in Mathare”. Between 2013 and 2015, over 803 cases were documented.

The report was the first major concerted effort by a grassroots movement to raise awareness about the reality of extrajudicial executions. Despite the moderate buzz created in human rights spaces, the killings have not stopped. The policing culture persists. In the month of May 2018, for instance, Wilfred Olal of the Dandora Justice Center reported that 15 young men had been gunned down. Justice for the victims is a long shot. Wangui Kimaru, a researcher at MSJC, told me that there have been only 4 convictions despite 9,000 cases being forwarded to the Independent Policing Oversight Authority (IPOA).

Human rights defender Kennedy Chindi says that there are between 10 to 15 cases of young men reported missing or killed by police every month in Nairobi’s informal settlements. Cases of police threats and intimidation deter the aggrieved from coming forward with information. “Everyone knows the killers but no one even dares call them by their names,” says Wyban Mwangi, a young musician. Instead, they use a codename, “Mjamaa”, for even in a valley of hundreds of thousands, the walls have ears. The names Hessy of Kayole and Rashid are whispered and the youth live in dread of who is next?

The Bill of Rights in the Kenyan constitution guarantees every person the right to life. Howeve,r in an unequal society, the rights of the poor come with no guarantees. The normalisation of the extrajudicial killings is an existential generational crisis. Amnesty International, Haki Africa and emerging grassroots organisations in Mathare, Dandora and Kayole have harrowing documentation of enforced dissapearances and deaths that are often atrributed to the police.

Encounter killings have turned urban ghettos into legalised hunting grounds, no different from the death match in the dystopian Hunger Games trilogy by American novelist Suzanne Collins. Or perhaps District 9, a South African sci-fi feature by Neill Blomkamp that astutely explores social segregation in a scathing satirical analysis of urban populations treated with the level of vile contempt reserved for pests. In Kenya, Tosh Gitonga’s Nairobi Half Life dramatises this unofficial routine killing of young males in a complex narrative of the cyclical violence of toxic masculinity where the line between the criminal and the police is blurrry.

Researcher Naomi Van Stapele, in her book Respectable “Illegality”: Gangs, Masculinities and Belonging in a Nairobi Ghetto, explained that the killings in Mathare continue without raising any public outrage because the dead are labelled as criminals or thugs, which justifies the executions. “Let the police do their work”, is the divorced public response. No one advocates for the killing of perpetrators of grand theft, but the children of the poor, the petty criminals (vermin) must be eliminated on the strength of suspicion. In the words of Trevor Noah, they are “born a crime”. In middle class circles, a conversation with a journalist friend turned into a sermon heavy on class snobbery. “Kenya’s ghetto mentality is what is holding those people in slums back.” Then he cherry-picked the example of musician Juliani as the mascot of possibility.

No one advocates for the killing of perpetrators of grand theft, but the children of the poor, the petty criminals (vermin) must be eliminated on the strength of suspicion. In the words of Trevor Noah, they are “born a crime”.

Local media has made a profession of reporting poverty through derogatory frames. Therefore, the numerous reports, occasional protests against police harassment and demonstrations do not draw media attention or public solidarity beyond the spectacle of tragedy.

Structural violence

These examples show that the slum ecology harbours systemic and structural violence that is silent. Johan Galtung, the celebrated Norwegian mathematician and sociologist, coined the term “structural violence”, which may be described as a form of violence wherein some social structure or social institution may harm people by preventing them from meeting their basic needs.

Like soil erosion, the effects of structural violence are not immediately obvious. Because its consequences only become evident in the distant future, there is little incentive for long-term solutions. Zangi, a resident of Mathare notes that it does not matter who comes to power; the problem is the system and the police culture. The problem is also the enabling physical environment that legitimises extrajudicial killings.

The Kenyan version of “electoral democracy” thrives in violent geographies. The problems of social justice are too many, too complex and not sexy enough for short-term political strategists who live for the optics in between elections to sustain popularity. Remedial environmental policy takes years. The benefits cannot be accrued in one political cycle and are certainly not bankable in the transactional nature of Kenyan politics. Article 42 of the constitution confers the right to a clean and healthy environment but is yet to interrogate systemic issues. The issues of the environment may be important but they not urgent.

The Kenyan version of “electoral democracy” thrives in violent geographies.

Therefore, to muster the political will needed to implement real change is difficult in a country where leaders cannot think beyond the next election. There are no immediate political rewards for planning to avert a human catastrophe. In nature terms, no one wants to plant a tree under whose shade they won’t sit or whose fruit they won’t eat. Long-term benefits may accrue for others and that is just not smart business in this instant gratification culture where exploitation and extractation is a privatised enterprise.

It is this context that we have to broaden the idea of what violence is. Personal violence is a consequence of structural violence. Lack of basic resources leads to competition that degenerates into violence in the quest for dominance. Gangs in urban ghettos organise around resources that leverage power and influence. Public toilets, garbage collection, water points, electricity connection and security are centres of frequent conflict. Kenyans awake to the economic and political realities of the 80s and 90s can track back how the slow violence of neoliberal policies began as a benign condition known as Structural Adjustment Program.

Beyond counting and documenting the victims of slow daily violence, the Mathare Green Movement is conscripting nature’s healing powers to challenge and alleviate the long-term effects of and sustain attention towards social injustice causes. Those grassroots environmental activists that Wangari Maathai called “foresters without degrees are at the forefront of plotting new futures, imagining new worlds and planting ideas of hope. Wangari Maathai underscored the need to keep environmentalism connected to global questions of human rights and social justice.

In a letter smuggled from a Nigerian jail, the writer-activist Ken Saro-Wiwa wrote: “The environment is man’s first right. That notion seems to have been forgotten in urban ecologies and serves as a focal point in articulating the experiences of oppressed people who are rendered invisible in the national economy and silenced when they demand to be heard.

Seeds of peace

Wangari Maathai’s Green Belt Movement brought a new discourse to the public consciousness, linking the slow violence of environmental degradation to its consequences, while at the same time proposing a public participatory methodology to advance environmental recovery. The Mathare Green Movement’s focus is young men facing the threat of extrajudicial executions who plant trees to reclaim lost life and dignify in the memory of peers labeled as criminal and forgotten after death.

The lesson of the Green Belt Movement is that poverty does not operate in a vacuum. Prof. Maathai’s brilliance was making clear the link between the collapse of the environmental economy and its support systems, on the one hand, and its revival as a strategy for eradicating poverty, on the other. She correctly diagnosed that corrupt exploitation of resources impacted vulnerable masses directly and insisted that environmentalism of the poor is inseprable from redistributive justice

Like the Green Belt Movement, the theatre of the tree gives the Mathare Green Movement a new vocabulary that is loaded with civic duty. Prof. Maathai called it “doing my little thing”. It is fitting that the new millennial generation of her disciples would emerge from Kenya’s marginalised urban spaces. Planting, not merely trees, but the seeds of life, healing, ideas, courage, hope and solidarity.

Prof. Maathai’s brilliance was making clear the link between the collapse of the environmental economy and its support systems, on the one hand, and its revival as a strategy for eradicating poverty, on the other.

The greening campaigns create the connection between environmental injustice and the erosion of social justice; the link between a healthy environment and quality of life. A tree has a right to grow to maturity, to fruit and bloom as every young life does in Mathare.

Planting trees in this spirit is more than a public relations exercise; it is work towards changing spaces so that they are less vulnerable to the elements and the forces that exploit the sense of deprivation. Importantly, it is the deliberate and conscious action of engaging in intergenerational optimism and responsibility, and accepting that we may never sit under the shade of the trees we plant.

Just as violence in Nairobi’s urban ghettos is continous and slow, so does healing through tree planting have to be a continous process. Urban reforestation that is people-centred is the primary symbolic vehicle for demanding ecological and social justice. The slow and deliberate effort of rehabilitating green spaces forces one to examine the systemic challenges that sustain these conditions. These young men choose to be eco-warriors, creating an enabling environment, restoring dignity and demanding the right to life from a state that minimises their existence. Wangari Maathai called it planting “seeds of peace” to stop the poverty profiling that disproportionately targets the poor. The existing structures of slow violence is why politicians consistently exploit the tensions in Nairobi’s slums during election cycles, easily igniting violence because below the surface, old antagonisms linger unresolved.

The Chipko movement, which originated in the Himalayan region of Uttar Pradesh in India in the 1970s, gained notoreity as a non-violent social and ecological movement whose members protected trees by hugging them to discourage loggers.

They are no trees to hug in Mathare. However, following in the footsteps of Wangari Maathai, the young people of Mathare will one day pass down trees of peace that stand for their right to security and protection from a state that terrorises its own citizens.

The lasting solution to ending direct and indirect violence against young lives is by adddressing the conditions that perpetuate the cycle of violence. Planting trees we must, but we can no longer fail to see the forest.

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NAIROBI: A city in which ‘contempt for the resident is everywhere apparent’

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NAIROBI: A city in which ‘contempt for the resident is everywhere apparent’

“The people are the city.”Citizens in William Shakespeare’s Coriolanus

At the crack of dawn, roughly between 5a.m and 7a.m, the “Great Trek” in Nairobi begins. Hordes of security guards, domestic workers, office cleaners, factory workers, vegetable hawkers, office messengers and jua kali artisans, among others, start their journey to work – on foot. It is a scene to behold. Thousands of people purposefully walking on roads meant for cars – sometimes for as long as three hours – to report to work by 8a.m., if not earlier.

These are the forgotten people, the ones the city’s urban planners have not catered for since Nairobi came into existence more than a century ago – when the city was planned as an apartheid city, built for a minority white elite that owned cars. Since then Nairobi has been characterised as a city that lacks pavements. Road builders either fail to build pavements during construction or pavements are so small or dilapidated that people have to use the road when walking.

However, even the roads meant for cars are failing the city’s residents. Traffic jams have become so normal in Nairobi that people plan their days around them. Moreover, recent proposals to have “car-free” days will not have the desired impact because those who use private cars are unlikely to walk to work or use public transport. To make matters worse, the frenzied construction of apartment blocks in residential areas has not been accompanied by a commensurate increase in the number of roads and pavements. On the contrary, the construction of office blocks and apartment buildings in many neighbourhoods has led to the uprooting of precious green spaces.

A World Bank study estimates that around 40 per cent of trips in Nairobi are made on foot. Matatus and minibuses account for 30 per cent of these trips while buses account for 10 per cent. Only slightly more than 10 per cent of the city’s population uses private cars. Unlike in many European cities, where walking is considered a lifestyle choice, and where pedestrian pathways and public transport is part of the transport infrastructure, in Kenya a large number of people walk because they can’t afford any other means of transport. Urban transport here is, therefore, not only deeply related to poverty and inequality but also to poor or non-existent transport infrastructure, including sufficient roads and pavements.

A World Bank study estimates that around 40 per cent of trips in Nairobi are made on foot. Matatus and minibuses account for 30 per cent of these trips while buses account for 10 per cent. Only slightly more than 10 per cent of the city’s population uses private cars.

According to Streets as Public Spaces and Drivers of Urban Prosperity, a UN-Habitat report published in 2013, Nairobi has allocated just 11 per of land to roads, which is way below the optimum level of around 30 per cent. (About a third of the land in Manhattan, for instance, is allocated to roads and pavements.) Moreover, the scarcity of roads is evident in both rich and poor neighbourhoods. For example, only 3 per cent of the land in both the up-market Muthaiga and the low-income Kibera is made up of streets. This is worrying because roads and pavements are not just important for mobility, they are also important for the development of related infrastructure, such as water and sewerage systems, which are usually laid down along existing road networks. According to the report, fewer roads and poor road connectivity make cities less prosperous.

Build it and they will come?

But will the construction of more roads improve mobility in the city? Not necessarily. Evidence suggests that more roads in urban areas can actually make mobility more difficult. During the Mwai Kibaki administration, for example, there was a concerted effort to build more roads and highways in Nairobi, ostensibly to ease congestion and improve transport infrastructure. The irony is that despite having more roads in the city, traffic in Nairobi has reached nightmare proportions

This contradiction was predicted some years ago by Enrique Penalosa, the former mayor of the Colombian capital Bogota, when he gave a public lecture at Nairobi University a few months before the construction began. Penalosa said that expansion of the road network in many cities had shown that instead of reducing vehicular traffic, the traffic actually increased. This could be attributed partly to the “build it and they will come” logic that is based on the idea that the building of infrastructure is itself an incentive for more people to use it.

In Nairobi, there has also been a marked increase in the number of private vehicles and matatus on the roads. The construction of highways has also improved connectivity with satellite towns, which has increased traffic flow into the city. These are probably some of the reasons why, despite the construction of several bypasses on Mombasa Road, Uhuru Highway remains the most congested main artery in the city at all hours of the day. The construction of the Thika Superhighway has had a similar effect: the highway has led to urban sprawl as satellite towns have emerged along it, with the result that more commuters from peri-urban areas are now using the highway.

The former mayor of Bogota said that instead of making more room for cars, cities should make more room for pedestrians, cyclists and mass rapid transit systems. This would encourage residents to use alternative forms of transport, which would lessen traffic on the roads.

When he was mayor of the Colombian capital Bogota between 1998 and 2001, Penalosa created a bus rapid transit system featuring bus-only lanes. Penalosa will also be remembered for building an extensive network of bicycle paths and pedestrian-only streets at a time when cities such as London and Paris had not even thought of them. (Now both London and Paris are emulating the Bogota example.)

Penalosa believes that today’s cities need to be totally re-designed to cater for pedestrians and cyclists. In an interview with the online Citiscope magazine, he stated: “For 5000 years we designed cities for people without cars. When cars appeared, we should have begun designing totally different cities. We did not. We just made bigger roads.”

When he was mayor of the Colombian capital Bogota between 1998 and 2001, Penalosa created a bus rapid transit system featuring bus-only lanes. Penalosa will also be remembered for building an extensive network of bicycle paths and pedestrian-only streets at a time when cities such as London and Paris had not even thought of them.

Streets as public spaces

In Nairobi, planners and policy makers are planning for vehicles, not pedestrians. This is in sharp contrast to trends in Europe where citizens are reclaiming their streets as “public spaces” by re-designing streets so that they are accessible only to pedestrians and cyclists. For instance, London has made parts of the famous Trafalgar Square inaccessible to cars and many European cities, including Copenhagen and Amsterdam, encourage the use of bicycles. Apart from the health and environmental benefits, the reclamation of streets as public spaces has immense social benefits. Streets become the great levellers where people from all walks of life meet and interact. This promotes social inclusion.

The idea that streets should be public spaces gained momentum in the mid to late 20th century when American urbanists, such as Jane Jacobs, suggested that “you need to walk a city’s streets to see its soul”. More recently, the American economist Edward Glaeser suggested that the most successful cities in the world are those that “enable us to work and play together” in close proximity and through physical interaction. These interactions are only possible when people mingle on streets and public spaces.

Penalosa is also a great advocate of public spaces, such as parks and playing fields. He notes that New York City created Central Park in 1860 when the city was much poorer than it is today, and that London, a heavily built-up city, has 1,500 public football fields that are open and free to all residents. (In contrast, Nairobi County Governor Mike Sonko had at one time suggested that Uhuru Park – Nairobi’s largest public park – be turned into a matatu stage. Neither under Sonko nor under any of the city’s former leaders have there been plans to build more public parks in the city. What’s worse, in recent years land grabbers have even attempted to steal playgrounds in Nairobi’s public schools.)

The idea that streets should be public spaces gained momentum in the mid to late 20th century when American urbanists, such as Jane Jacobs, suggested that “you need to walk a city’s streets to see its soul”.

Nairobi, like many African and Asian cities, seems not to have learnt lessons from European and other cities where there is a growing “liveable cities” movement that emphasises reduced dependence on motorised transport by making streets more accessible to cyclists and pedestrians. Nairobi’s streets are clogged with cars, matatus and private vehicles, and pavements are fast disappearing or are in a dilapidated state. Many streets do not even have pavements, and those that do are often encroached upon by hawkers and even by motorists. As one Kenyan commented on Twitter, “If there were pavements in Nairobi, motorists would drive on them.” The lack of adequate pavements and bicycle paths has also resulted in unnecessary deaths of pedestrians and cyclists; in fact, cycling and walking are considered among the most dangerous forms of transport in Kenya.

Penalosa is also against the new trend of shopping malls (which has become a rage in Nairobi), which he says deprives city dwellers of walking in and enjoying their city. Local corner shops disappear as the rich flock to enclosed malls. In Nairobi social apartheid that separates the urban rich from the urban poor is now becoming increasingly apparent in these up-market malls and gated communities.

Kenya Urbanization Review, a World Bank report published in February 2016, says that Nairobi is at a particular crossroad and can go down one of two main routes: It can either build its way out of congestion by building more roads to serve the increasing motorisation rate, or it can invest in public transport networks to promote a more compact and environmentally friendly city. “Either way,” says the report, “the fundamental priority is to avoid a trade-off between access and sustainability” that will lock Nairobi into highly land-consuming and car-dependant development patterns.

Devolution: Challenges and opportunities

Like most African cities, Nairobi did not grow as a result of a grand master plan – much of the city has grown spontaneously and haphazardly. Even when there were plans, they were largely ineffective because they did not reflect the reality on the ground and did not anticipate the rapid urban growth rate (driven largely by rural-to-urban migration) after independence in 1963.

For instance, if urban planners and policy makers understood that a large proportion of the city’s 4 million or so residents walk to work (because they cannot afford public transport), they would be ensuring that there would be more and wider pavements in the city and more affordable mass public transport. Urban planners are also in short supply. According to the World Bank report, in 2011 there were only 194 accredited urban planners in the whole of Kenya, compared to 1,690 in South Africa.

Nairobi has ambitions to become a “world class city”, but these ambitions are being hampered by the city’s delusional sense of its own importance that fails to recognise that more than half of the city’s population lives in overcrowded slums with few amenities, such as piped water or electricity. It is estimated that only 36 per cent of households in the city’s informal settlements have direct access to piped water. The urban poor in the city also pay more for water than rich households, as water has to be purchased from water vendors who sell them by the litre. Slum dwellers in Nairobi do not even have access to sanitation and are forced to use makeshift pit latrines. It is estimated that only 18 per cent of Kenya’s total urban population has access to a sewer system; 70 per cent of urban dwellers rely on septic tanks or pit latrines.

Tunku Varadarajan, writing in Forbes in September 2009, described Nairobi (along with Lagos, Karachi, Lima, Cairo, Jakarta, Dhaka, Caracas and Manila) as “an utterly charmless city” – “edgy, aggressive and inhospitable”, a city in which “contempt for the resident is everywhere apparent” and where there are “few parks and sidewalks, and scarcely any of the amenities that comprise the core of urban civilization”. Varadarajan’s assessment of the city may appear harsh, as other observers have commended the city for its vibrant culture and cosmopolitan nature. (Lonely Planet, for example, has described Nairobi as one of the best cities in the world, and has praised it for its “excellent nightspots and good music scene”). However, it is clear that Nairobi lacks the one thing world class cities have – a safe, affordable, reliable and well-regulated public transport system.

Tunku Varadarajan, writing in Forbes in September 2009, described Nairobi (along with Lagos, Karachi, Lima, Cairo, Jakarta, Dhaka, Caracas and Manila) as “an utterly charmless city” – “edgy, aggressive and inhospitable”, a city in which “contempt for the resident is everywhere apparent”

Poor leadership and corruption have further contributed to creating an urban culture that lacks vision. If Nairobi was a place that catered for the majority of its residents’ needs, there would be more pavements, bicycle paths, public parks, public toilets and playing fields in the city. But a land grabbing frenzy has ensured that even the few green spaces (and even public toilets) in the city have now become concrete blocks.

The fundamental reason why Nairobi is so dysfunctional is because its dysfunction is self-perpetuating. Urban dwellers do not demand better infrastructure and services and expect little from the authorities, which leads of a vicious cycle of low expectations, little infrastructure investment and low productivity. When the city fails to provide services, such as garbage collection, those residents who can afford it hire private garbage collectors. The same applies to security, water provision and other essential services. This has resulted in widening the gap between the haves and the have-nots.

Devolution may have actually contributed to the city’s woes as there is no longer a City Council or Ministry of Local Government to blame. The 1963 Local Government Act created 175 local authorities in Kenya, which were abolished under the new constitution that was promulgated in 2010. As required by Article 184 of the constitution, national legislation should provide for the governance and management of urban areas.

The Urban Areas and Cities Act (Revised 2015 edition) does provide for a system of city and municipal boards and town committees that are tasked with adopting urban policies and strategies, including on service delivery and land use. However, the criteria for the creation of these boards are rather restrictive, and could serve as a deterrent to the formation of such boards, especially in poor and largely rural counties.

One of the conditions for the creation of a city or municipal board is that the city or town should have the capacity to generate sufficient revenue to sustain its operations, which is difficult for many of the poorer counties that rely on the national government to carry out operations, including the building of roads that are not part of the national highway network. Nairobi, Kenya’s largest and wealthiest city, collected Sh11.7 billion in revenue in 2015/16, but it is the exception in a country where the majority of towns have populations of less than 250,000 and where urban-based activities are not the mainstay of largely rural economies. Another condition is to have the capacity to effectively and efficiently deliver services, which is a tall order for most smaller towns in Kenya.

One of the pitfalls of devolution is that urban areas may suffer under a system where devolved funds are being used to cater mostly for rural populations in the counties, rather than to the needs of urban dwellers. While this is understandable, given that the majority of counties are predominantly rural and considering the marginalisation of several regions under the previous centralised system, neglecting urban areas may come to haunt counties in the future.

As the World Bank’s Kenya Urbanization Review report concluded, Kenya’s ambitious experiment in devolution holds great promise and comes at an important period but aspects of the process may weaken urban centres at a time when they need to be strengthened. “On balance,” says the report, “Kenya still has an opportunity to leverage urbanization to drive economic growth. It is in the early stages of urbanization, and evidence suggests that cities can drive economic development – especially when they are developed through a ‘system-of-cities’ approach and where devolution empowers counties…to develop strong urban centers.”

One of the pitfalls of devolution is that urban areas may suffer under a system where devolved funds are being used to cater mostly for rural populations in the counties, rather than to the needs of urban dwellers. While this is understandable, given that the majority of counties are predominantly rural and considering the marginalisation of several regions under the previous centralised system, neglecting urban areas may come to haunt counties in the future.

Urbanisation and economic growth

The 2009 Kenya census shows that nearly one-third of the country’s population is now urban, but urbanisation levels are still way below those of other African countries. In fact, along with Burundi, Rwanda and Uganda, Kenya has among the lowest urbanisation levels in the world. This has implications for the country’s economic prospects.

Nairobi, and Kenya as a whole, need an urban strategy that increases productivity and promotes inclusion. Studies have shown that there is a direct correlation between levels of urbanisation and economic growth – in general, most countries do not attain middle income status until they are at least 50 per cent urban. In 2009, the World Bank published a report by the Commission on Growth and Development that showed that there is a clear and robust relationship between urbanisation and per capita income in nearly all countries. The report stated that to achieve middle-income status, countries need to have at least half their populations living in urban areas and that “in all known cases of high and sustained growth, urban manufacturing and services led the process”.

The first challenge, of course, is to make cities and towns sites of high-productivity industries. The second challenge is managing the negative consequences of growth on urban areas, including congestion, pollution, inequality and slum formation. Both challenges require investments in infrastructure – but only if that infrastructure does not contribute to other problems (like pollution and congestion) and if it contributes to making productivity more efficient.

In its current state, the transport infrastructure in cities like Nairobi has proved to be an impediment to productivity as most workers spend more time commuting than engaging in productive activities. Over-dependence of private mini-buses (matatus) has also led to a situation where other forms of public transport have been crowded out, leading to increasing congestion and air pollution.

Building more roads has not helped either because the roads fail to cater for the majority of residents who walk, cycle or use public transport. As Edward Glaeser reminds us in his book, Triumph of the City: How our greatest invention makes us richer, smarter, greener, healthier and happier, “The folly of building-centric urban renewal reminds us that cities aren’t structures; cities are people.”

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AN ODE TO SILENCE: The Church’s abdication of its role in society

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AN ODE TO SILENCE: The Church’s abdication of its role in society

The Church in Kenya struggles in silence while endemic corruption ravages the public and private sectors of the country.  On this matter, I’d rather lament with Prophet Jeremiah when he supplicated the appalling backsliding of his people by asking: “Is there no Balm in Gilead? Is there no physician there? Why is the wound of my people not healed?”, rather than sing in faith, the Negro spiritual affirming: “There is a balm in Gilead to heal a sick, sick soul…”

Wounds inflicted by corruption on this nation will need a more “potent balm”, yes, more than an “expert physician”, for neither the laws enacted so far nor the commission instituted to deal with the scourge have proven effective.

The law is clear: Corruption, active and passive bribery, abuse of office and bribing a foreign public official are outlawed under the Anti-Corruption and Economic Crimes Act 2003, which is further reinforced with the Bribery Act of 2016 ostensibly to aid in the fight against the supply side of corruption.

Comprehensive enforcement of Kenya’s anti-corruption framework, however, remains a challenge because of weak and corrupt public institutions.

But in choosing silence in the face of this obscene level of corruption, perhaps at the counsel of the English poet Thomas Carlyle (“Silence is Gold”) or the American rock song by the Tremeloes (“Silence is Golden, but my eyes still see, Silence is Golden, but my eyes still see…”), the Kenyan Church is abdicating its unique and vital role in society. What has become of the once-vibrant voices within the Church who challenged the draconian Moi rule, risking their lives for a just cause?

Then the Church took a radical and militant approach. It was not afraid to say, like the prophets of old: “Thus says the Lord…” It had clarity on matters of national importance affecting the people, unlike its counterparts today, who are even failing to define their own mandate.

Pope Benedict XVI is emphatic about the role the Church should play in society.  He defines the Church’s role in the political sphere as primarily education (understood not as schooling, no matter how important that is): “The Church must awaken man’s receptivity to the truth, to God, and thus to the power of conscience. It must give men and women the courage to live according to their conscience and so keep open the narrow pass between anarchy and tyranny, which is none other than the narrow way of peace.”

Then the Church took a radical and militant approach. It was not afraid to say, like the prophets of old: “Thus says the Lord…” It had clarity on matters of national importance affecting the people, unlike its counterparts today, who are even failing to define their own mandate.

He also highlights the need for society, both local and global, to recover the divine element in our humanity, which includes moral consensus, without which society flounders and humanity is endangered.

There are some though, who would rather have an aloof Church and one that is measured in contentious matters of public concern. Stephen Carter, the Yale scholar, in his book, The Culture of Disbelief, laments that “our public culture more and more prefers religion as something without political significance, less an independent moral force than a quietly irrelevant moralizer, never heard, rarely seen.”

Could it be that the dearth of the prophetic voice is a sign of a Church struggling to define itself and its societal role in the post-2003 era? Kenya needs to hear what the Church is thinking and saying on corruption. The Church cannot extricate itself from politics because it cannot refrain from the task of reflecting on the implications of its faith within our political context. It has reason to intervene, for we cannot afford the haemorrhaging of this country through corruption.

A 2016 survey released by Pricewaterhouse Coopers (PwC) indicated that the rate of economic crimes in Kenya is 25 per cent above the global average. It further revealed that every record set against stealing is broken. In the year 2015 alone, economic crimes rose to 61 per cent from 52 per cent in 2014 and maybe worse today. Philip Kinisu, a retired auditor and a former chairman of the Ethics and Anti-Corruption Commission (EACC) told Reuters: “Kenya is losing a third of its State budget – the equivalent of about $6 billion (KShs. 608 billion) – to corruption every year.”

Our plight did not escape the notice of former United States President Barack Obama during his visit in 2015. He rightly criticised Kenya’s corruption, inequality, and tribalism before an audience, which included President Uhuru Kenyatta and his Cabinet, at Kasarani Sports Centre in Nairobi.

Obama quoted a study showing that every year corruption costs Kenya 250,000 jobs. He said rising prosperity in the economy was leaving out the vast majority of the people, the burden of which is borne by the poor.

This is exactly what Samuel Paul of the Public Affairs Centre in Bangalore established in “Corruption: Who Will Bell the Cat?” His study found that in five Indian cities, poor households were much more likely to pay “speed money” for public services than households in general. Consequently, when access to public goods and services requires a bribe, the poor may be excluded. Given their lack of political influence, the poor may even be asked to pay more than people with higher incomes. Furthermore, when corruption results in shoddy public services, the poor lack the resources to pursue “exit” options, such as private schooling, health care or power generation.

We can learn from the struggles of the 1980s, during which Galia Sabar, Professor of African Studies at Tel Aviv University, observed that limited political association paralysed the process of transforming information and ideas into action. As such, she gave credence to the emergence of informal individual activism and the culture of defiance that was growing day by day.

On the frontline of Kenya’s individual Church activism during the Moi era were the Anglican Church’s Bishop Henry Okullu of Maseno South Diocese, Bishop Alexander Muge of the Diocese of Eldoret, Bishop David Gitari, the Anglican prelate of Mt. Kenya East diocese, and Rev. Timothy Njoya, a moderator in the Presbyterian Church of East Africa (PCEA). These clerics triggered the much-needed change in the country through their political engagements.

Citing the February 1990 edition of Finance magazine, Sabar in “Politics and Power in the Kenyan Public and Recent Events: the Church of the Province of Kenya, said: “Irrespective of how much we might belittle their social standing, the clerics represent the most cohesively structured, the most firmly organised and the most solidly unified institution in the country.”

Stephen Kapinde, a lecturer at Pwani University’s Department of Philosophy and Religious Studies, observes how the vitality of the pulpit as a stable platform for change and the sermons of Bishop Gitari (at a time when the state had censored nearly everyone and proscribed gatherings of more than three people) gave credence to the Church in political discourses. The prelate and his peers developed a culture of resistance through the pulpit.

Prof. Robert Press, in his book, Peaceful Resistance: Advancing Human Rights and Civil Liberties, gave more insight into this culture by observing that:

Individual activists can only do so much in their role as ice-breakers in the reform process. Organizational activists build on their advances but need the presence of members of the public at their events to make a serious bid for reforms. The public, in turn, needs the forum for the activists to express their discontent. Together the resistance sends signals to the regime, the public and international officials and agencies that the demands for change have substance and visible public support.

For this reason, the clergy blazed the trail for democratic reforms from their pulpits. Amazingly, such activism was thought by many to defile the pulpit, while in essence, the clerics used the space to liberate the people of Kenya, thereby living up to their calling to be “salt” and “light” in the world.

The contrast is huge today – pulpits are not as sacrosanct and neither are their messages. The frequency with which politicians have graced churches with goodies from corruption, coupled with the silence of clerics, is troubling.

For this reason, the clergy blazed the trail for democratic reforms from their pulpits. Amazingly, such activism was thought by many to defile the pulpit, while in essence, the clerics used the space to liberate the people of Kenya, thereby living up to their calling to be “salt” and “light” in the world.

For instance, Deputy President William Ruto has been a darling of Churches during funds drives, notwithstanding the fact that he has been named in a litany of corruption-related scandals. Indeed, former Prime Minister Raila Odinga in 2015 described him as “the high priest of corruption in Kenya.”

The Anglican Church had an explicit stand on the widespread habit of inviting public figures as guests of honour at fund-raising events. Following the Provincial Board of Christian Community Services consultation on “The Theology and Philosophy of Development” held at St. Julian Centre between 11th and 13th May, 1983, the Church issued protocols to protect the likely erosion of the Church’s prophetic role in society:

Inviting public figures as guests of honour at Church harambees or giving them prominence in a church function merely because of the money they bring is not in accordance with our Christian principles. It tends to silence the prophetic voice of our church leaders (A report of the CPK Consultation on Theology and Philosophy of Development, 1989: p. 5, ¶4).

Today, however, several Anglican Churches have overlooked this protocol and indulged the said politicians on their pulpits, thus diluting their prophetic voice. How would they escape the tag of being an accomplice to corruption? They should have heeded Joseph Kamaru’s warning in his song, J. M. Kariuki, “gûtirí múicì na mùcudhìríria” (there is no difference between a thief and a mere observer).

The contrast is huge today – pulpits are not as sacrosanct and neither are their messages. The frequency with which politicians have graced churches with goodies from corruption, coupled with the silence of clerics, is troubling.

According to British evangelist and theologian G. Campbell Morgan, “Sacrilege is defined as taking something that belongs to God and using it profanely. But the worst kind of sacrilege is taking something and giving it to God when it means absolutely nothing to you.” If we accept this, then the Church would have committed double sacrilege in this indulgence: Knowingly giving platform to sanitise corrupt money in the name of God, and perpetuating delusion that that is investing in heaven.

How do I answer my friend Joe Kobuthi’s query: “What does it mean when the Church goes quiet or turns a blind eye to corruption to the extent that a politician like Ruto can claim his contributions to churches to be ‘investing in heaven’”?

The Church, by indulging in questionable money being “invested” in its programmes, undermines its own ability to help the poor. Proper “investing in heaven” is investing in Christ. St. John Chrysostom (347-407 AD), one of the greatest Early Church Fathers of the 5th century, warned: “Of what use is it to weigh down Christ’s table with golden cups when he himself is dying of hunger? First, fill him when he is hungry; then use the means you have left to adorn his table. Will you have a golden cup made but not give a cup of water? What is the use of providing the table with cloths woven of gold thread and not providing Christ himself with the clothes he needs? What profit is there in that?”

How do I answer my friend Joe Kobuthi’s query: “What does it mean when the Church goes quiet or turns a blind eye to corruption to the extent that a politician like Ruto can claim his contributions to churches to be ‘investing in heaven’”?

How about using one’s position in government to save the annual 250,000 jobs lost to corruption? Wouldn’t that give many Kenyans opportunities to feed their hungry, and not to leave them to stare at Church tables embellished with gold? Investing in heaven would mean putting to proper use the US$6 billion lost to corruption to provide for proper health services and housing for homeless Kenyans.

The Kenyan public is livid at the multi-million-dollar scandals that have failed to result in high-profile convictions. They accuse politicians and top government officials of acting with impunity and encouraging graft by those in lower posts.

Again, Kinisu opines the real drive to stamp out corruption has to come from public pressure for change. Yet in an environment of fear and intimidation by corruption cartels and politicians, it becomes nearly impossible to set up any social movement against corruption.

A curious episode in J.R.R. Tolkien’s The Fellowship of the Ring is instructive, as it well depicts our challenge on corruption:

“I wish it need not have happened in my time,” said Frodo.

“So do I,” said Gandalf, “and so do all who live to see such times. But that is not for them to decide. All we have to decide is what to do with the time that is given us”.

It is not freedom from corruption, but rather the freedom to take a stand against it, that we must all pursue. If the Church is to retain its credibility and relevance, I believe it needs to utilise its eminent position to influence public opinion on matters affecting the nation. I would like to believe that, sooner or later, it will recover its earlier prophetic fervour for the sake of the public good and provide the moral leadership we so desperately need today in the epic fight against corruption.

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