Connect with us

Politics

THE SONKONIZATION OF NAIROBI: How Mike Sonko Is Reshaping City Politics

Published

on

Sonko shine
Download PDFPrint Article

On June 2, 2010, the then Speaker of the National Assembly Kenneth Marende declared the Makadara seat in Nairobi vacant. The MP, the late Dick Wathika had lost the seat after a successful petition by Rueben Ndolo, a former holder of the seat (2002—2007). The by election was slated for September 20, 2010.

Three weeks to the by election, I had an interview with Wathika — popularly known as Mwas, his mtaa (estate) nickname — at a posh Nairobi hotel. He was in his element: exuding an unusual confidence. He boasted to me how he was going to wallop yet again his opponent Ndolo, who was contesting on an ODM ticket.

Finding him vain, I reminded him the fight was no longer between him and his known adversary, but was now going to be a three-pronged battle, which in my view, needed a different tact and strategy. A third contestant had entered the fray and his name was Gideon Mbuvi Kioko alias Mike Sonko.

“Wewe Dauti ni nini sasa…kwani umesahau kule tumetoka?” (You Dauti what’s up with you? You’ve forgotten where we’ve come from?), he chided me. “Huyo ni nani unaniambia stori yake. Ndolo ndiye opponent wangu. na nitam KO.” (Who’s that you telling me about? My opponent is Ndolo and I’ll knock him out). Wathika, in his heydays, just like Ndolo was an amateur boxer, the only difference being Ndolo had taken his boxing a notch higher and fought as a professional.

Within two and a half years, Sonko was transformed from a political neophyte to a juggernaut.

Mwas could afford to get up close and personal with me, because I had known him since childhood. We had grown up together in Maringo estate. In 1991, after former President Daniel arap Moi had repealed the infamous Section 2(a) of the old constitution, multi-party politics had returned to the fold.

The following year, Wathika joined politics through the Ford Asili party which had split from Forum for the Restoration of Democracy (FORD), the first opposition party formed after the political liberalization. Kenneth Matiba formed Ford Asili, while the then doyen of opposition politics Jaramogi Oginga Odinga formed Ford Kenya.

As luck would have it, Mwas was a boy wa mtaa (local boy), all the electorate; young and old who had desired change voted for him and he run away with the popular vote. Wathika was elected as the Maringo ward councillor — defeating the KANU incumbent, Kiura Kirandu — hands down.

Wathika had had a great run as a politician from 1992, when as a 19-year-old elected rookie, he become one of the youngest minted multiparty party era politicians. In between 1992—2010, he had served three terms as a councillor, a mayor for two years and an MP for two and half years, including a stint as Assistant Minister for a year and four months. But his streak of luck would suddenly end with the arrival of Sonko.

Sonko, shot to political prominence, when he was first elected to parliament as Makadara MP on September 20, 2010. To the utter surprise of Wathika and Ndolo, Sonko, then 35 years old and running on a Narc Kenya ticket, caused a major upset by polling 19,535 votes against his closest rival, Ndolo’s 16,613.

Wathika, the incumbent pooled a poor third. “I must admit I did not see the defeat coming…I had had it too easy,” he was later to tell me when we again met in December 2010.

The entry of Sonko into the abrasive city politics immediately did two things: He sent Wathika packing — first to an emotional declaration of quitting politics altogether, and after he had recollected himself, into exile in Mukurweini constituency in Nyeri County. Sonko also confined Ndolo to ODM party politics. Within two and a half years, Sonko was transformed from a political neophyte to a juggernaut.

The naming of his matatus completed the picture and in a somewhat subtle way, told Sonko’s own shady story. They bore names such as — BROWN SUGAR, CONVICT, FERRARI, LAKERS and ROUGH CUTS.

By March 2013, he was so confident he had outgrown his parliamentary seat, he threw his force into contesting the newly created senator seat. He won the Nairobi senator seat by the biggest number of votes cast for any senator or governor countrywide. Running against his closest competitor Margaret Wanjiru, he polled 808,705 votes against the burly priestess’ 525,822 votes.

In Nairobi County, Sonko proved to all and sundry he was the king of politics. Running on The National Alliance (TNA) party, he polled even more votes than either his party boss, Uhuru Muigai Kenyatta, who got 659,490 votes, or he latter’s rival, Raila Amolo Odinga, who received 691,156 votes. It was evident that Sonko had stomped the city politics like no other and, any politician who ignored him could only do so at their own peril.

Who is Sonko and how is it that today he is the most talked about politician, only after President Uhuru Kenyatta and the leader of Opposition Raila Odinga?

Sonko appeared on the Nairobi scene in the early 2000s just like in the movies: with a bang. One day, Nairobian woke up to the sleekest No. 58 matatus operating on the Buru Buru Phase V, IV and III estates’ route. Sonko had invested in a fleet of matatus that came to be known as nganya — a super pimped matatu — a superlative of manyanga, which is an ordinary pimped matatu.

His crew staff did not disappoint: His drivers and conductors were the whippiest lads you could find anywhere in the matatu transport industry. They were funky and wore the latest fashions. Equipped with the latest hi-fi music systems complete with woofers, Sonko’s matatus could be heard a kilometre away.

The naming of his matatus completed the picture and in a somewhat subtle way, told Sonko’s own shady story. They bore names such as — BROWN SUGAR, CONVICT, FERRARI, LAKERS and ROUGH CUTS. His matatus were so hip, trendy Buru Buru schoolkids would not board any other matatus.

Sonko’s investment in the matatu industry has been surrounded with a lot of mystery and allegations of money laundering. He entered the industry with a great deal of razzmatazz, buying many matatus at one go and for a while, the quiet talk among his fellow matatu owners was that the source of his wealth was the illegal drug trade.

Two years after he was arrested and taken to Shimo-la-Tewa Prison, it is said he smuggled in cash in a briefcase into the prison, which his acolytes had passed onto the prison warders.

Indeed, the late Minister of Interior Security, Prof George Saitoti in December 2010, named him in Parliament as one of the country’s drug lords. Talking to one of his close buddies recently, he reiterated that Sonko has never been taken to court over that mention or the allegations that were swirling before and even after. “To the best of my knowledge, the mention by the late Saitoti about Sonko involvement in drugs, has remained just that: a mere mention, nothing, more…nothing less,” he said.

The source of Sonko’s wealth though has never been fully publicly explained. Years before, then known as Gidion Mbuvi Kioko, he was a middle man selling parcels of lands in the Coast region, where he had grown up.

Many a time, it is alleged, he would take off with all the money after a land sale. In 1997, he was accused of having falsified documents relating to land belonging to Eliud Mahihu, the former all-powerful Coast Provincial Commissioner during Mzee Kenyatta’s era.

Two years after he was arrested and taken to Shimo-la-Tewa Prison, it is said he smuggled in cash in a briefcase into the prison, which his acolytes had passed onto the prison warders. They, in turn, are said to have facilitated his escape after he was taken to Coast General Hospital feigning a range of ailments — from epilepsy, HIV/AIDS to Typhoid. Later, in mitigation, Sonko was to argue that he had run away from jail to attend his mother’s funeral.

Just a few years later, Sonko was hanging around then Wab Hotel, at the Buru Buru shopping centre, clad in denim jeans and a T-Shirt, chatting away the boys. His matatus then employed an upward of 50 youth.

In January 2003, after the National Rainbow Coalition (NARC), an alliance dislodged the ruling KANU from its 24-year-old stranglehold of power, President Mwai Kibaki appointed the late John Michuki as the Minister of Transport. Michuki was used to getting his way — from his days as a colonial administrator in the 1950s, when he was a district officer in Nanyuki, up to even when he entered politics. The “Michuki rules” which he initiated immediately he assumed the transport docket and which quickly resonated with the people, remained a diktat, until Sonko went to court in 2006. Sonko won his case because, as the High Court reminded the Transport Ministry, without official publication in the Kenya Gazette, the rules were just that: Michuki “personal rules”. It was only after the court case that the rules were now formally gazetted.

One of Michuki’s more infamous edicts was that of barring matatus from entering the central business district of Nairobi. It was a clearly selfish decree because of the conflict of interest that arose from an exception to the rule, allowing in vehicles belonging to the City Hoppa matatu company in which the Minister had invested heavily.

Listening to him explaining his tribulations, Kenneth inadvertently casts himself as a “choice candidate” who was owed and had been let down by the Jubilee Party cabal at the Pangani headquarters.

Sonko, whose matatus were affected by this unlawful rule, went to court. To the surprise of many, he won the case after a protracted battle. His matatus were allowed back into the city centre, along with a select few from other owners. The judicial victory improved Sonko’s standing among his employees and followers, who viewed him as their “Mr fix it”.

But more significantly, it, catapulted him to the chairmanship of the then amorphous and now defunct Eastlands Matatu Operators Association. The position gave Sonko influence and power commanding then close to 8000 matatus.

From being the darling of the youth, he became the darling of the masses. The passengers who used to be dropped off at the dusty Muthurwa, and who would then have to trek to the city centre — there were no boda bodas at the time — could not thank him enough. It was just a matter of time before he moved to the next level. When the Makadara constituency election was nullified by the High Court in April 2010, an opportunity availed itself and Sonko seized the moment and ran with it.

After becoming MP, Sonko sought to endear himself to his constituents. He would engage the City Council to get his constituents exempted from paying parking fees within Makadara constituency. The court injunction was only temporary but he had made his point: he would always be ready to fight for his people. For a while, he also made it tenuous for slum lords to arbitrarily evict tenants. He would go to court on behalf of the tenants and file a case.

On Sunday March 19, 2017 on national TV, Sonko ranted against Peter Kenneth, then one of his more formidable opponents for the Jubilee Party ticket for the Nairobi gubernatorial contest. From the onset, it was evident in the interview Sonko pulled no punches and held no prisoners when describing Kenneth. His apparent contempt for the former presidential candidate was palpable.

The 51-year-old Kenneth would later quit Jubilee Party, after losing the nomination battle to Sonko, to run as an independent candidate. He came off as a sore loser who had expected his path to the nomination to be smoothened for him. And therein lay his Achilles Heels: entitlement. Listening to him explaining his tribulations, Kenneth inadvertently casts himself as a “choice candidate” who was owed and had been let down by the Jubilee Party cabal at the Pangani headquarters.

But more than giving the implicit impression that he was the favoured son, Kenneth has been unable to shake off the label of being a “political project” or a front for other interests. First, he was a project of the “Murang’a Mafia”. Now, he is viewed as a “Governor Evans Kidero project”. It cannot get worse.

Yet, the project tag is not the only label he is struggling with. When Sonko first taunted him as a foreigner and a Johnny-come-lately to city politics, Kenneth laughed it off and made light of the remark by pointing out that even when he represented Gatanga constituency, he slept in Nairobi.

The bad news for Kenneth is that this refuses to go away. “Peter Kenneth is a foreigner to Nairobi politics”, says a Nairobi lady restaurateur known as Wa Carol. “Where has he been for four years?” the restaurateur, who herself voted for Sonko during the nominations, muses loudly. His goose was cooked the day he announced he was running in Nairobi, she says.

Still, of the 15 mayors Nairobi had between 1963 and 2012, only 4 were non-Kikuyu. Many Kikuyus have therefore come to regard Nairobi city as an extension of Kiambu County

“After PK first announced his bid in January, Maina Kamanda afterwards came over and addressed us Kikuyu business people in Nairobi and told us: ‘we need someone to protect our property and the man to do precisely that is Peter Kenneth’. I thought Kamanda was kidding me. I do not own any property in Nairobi”, says the lady who is in her late 40s.

It is the same reaction that my friend, Elvis Kinyanjui, who has been a street vendor in the CBD for the last three decades, had: “Kamanda is talking of protecting property — whose property?”

The Peter Kenneth who ran for presidency in 2013 is radically different from the man seeking to be the governor of the capital city. In 2013, he projected himself as a de-tribalised, smooth and urbane Kenyan — the poster child of cosmopolitanism with refined features. Barely four years later, he agreed to be repackaged as a Kikuyu sheriff coming to the city with a mission to rescue a propertied class ostensibly under siege.

Pitted against a man — Sonko — who has carved himself a niche as the spokesman for the city’s underclass and defender of their trodden rights, Kenneth’s apparent aloofness and association with the moneyed class casts him as removed from the everyday struggles of the city dweller.

In the nominations that he has bitterly disputed, Kenneth was walloped by Sonko, 138,185 votes to 62,504. Could Sonko have wrestled the power and glory from the Murang’a business elite’s grip on Nairobi, thereby redefining the politics of Nairobi?

Nairobi city politics have always been under the grip of Kikuyu business and political elites save for two major periods — between 1969 to 1970 and 1983 to 1992. In 1969, Isaac Lugonzo took over from Charles Rubia and in 1983, former President Moi disbanded the City Council when Nathan Kahara was mayor to form several commissions till the return of multiparty politics in 1991.

From way back in the 1960s, when the first Minister of Trade and Commerce was Dr Gikonyo Kiano, who like Rubia, the city mayor, hailed from then Murang’a District, the city’s business allocations and licenses tended to favour the Kikuyus from Murang’a. That is why, it not a coincidence that many of the city business godowns in the industrial area are owned by Murang’a tycoons. That is also why many of the buildings in downtown Nairobi, especially on River Road and Kirinyaga Road, are owned by the famous Rwathia group, which has its origin is in Rwathia in Murang’a.

Similarly, many of the small traders — from hawkers to street vendors— are Kikuyus from Murang’a many of whom are today settled in Starehe constituency. It is equally not a coincidence that Maina Kamanda, another Murang’a supremo, started his political career at Ngara West Ward (one of the wards that make Starehe constituency), eventually running for the parliamentary seat. The ward, and indeed the entire Starehe constituency, is populated majorly by Kikuyus from Murang’a.

“The thought of Sonko running the affairs of the biggest economy outside the national government at the City Hall is just frightening”, the earlier quoted businessman confided.

After the re-introduction of multiparty politics, the position of the mayor may have been whittled down, but still, Kikuyu political mandarins controlled the mayoral seat, if not directly, then indirectly. Between 1992, after the first multiparty elections and 2002, the mayors were all Kikuyus. From Steve “Magic” Mwangi, John King’ori, Sammy Mbugua, John Ndirangu to Dick Waweru, whose second term ended in 2002.

The only other time a non-Kikuyu was boss at City Hall was between 2003—2004 when Joe Aketch, a nominated councilor, was mayor. Aketch owed his mayoral seat to Kamanda. The vicious infighting between the Kikuyu councillors at City Hall that ensued after the Narc victory, forced Kamanda, the newly elected Starehe MP, to throw his weight behind Aketch’s candidacy.

Geoffrey Majiwa, then the Baba Dogo ward councillor was the Nairobi mayor after President Mwai Kibaki and Raila Odinga formed the grand coalition government in 2008. George Aladwa served between 2010—2012, after he took over from Majiwa, who had to step aside after he was allegedly implicated in a cemetery land corruption scam. Following the 2013 election, which rung in new constitutional arrangements, especially devolution, Evans Kidero, a Luo, defeated his Kikuyu rivals to clinch the Governorship.

Still, of the 15 mayors Nairobi had between 1963 and 2012, only 4 were non-Kikuyu. Many Kikuyus have therefore come to regard Nairobi city as an extension of Kiambu County due to its proximity, notwithstanding the fact that Kiambu Kikuyus appear to have ceded control of the city businesses to their cousins from Murang’a. In March 2017, a Jubilee Party parliamentary candidate from Roysambu was interviewed on Inooro TV. When asked who should be the governor of Nairobi, his answer was curt. “A Kikuyu of course”. “Why?” posed the interviewer. “We Kikuyus are the owners of the city”.

This reasoning among the Kikuyus is buttressed by the notion that many of the city businesses and investments’ operations are run by Kikuyus. Also, because of the proximity of Kiambu and to a large extent Murang’a Counties, coupled with the fact that the first post-independent government of Mzee Kenyatta encouraged many Kikuyus to come to Nairobi, Kikuyus have always been numerically superior. According to some reports, one in three Nairobians is a Kikuyu.

Since Sonko declared his intention to run for the governor’s seat, a section of the city’s business community has become uneasy and wary of his burgeoning grassroots support across the city electorate. Towards the end of last year, Kikuyu businessmen in the city met and proposed a “sober and mature” person to run for the seat, in the hope of unseating governor Evans Kidero. “We had to act and come up with a name, in view of Jubilee Party’s apparent lack of a saleable candidate,” said one businessman who was privy to the meeting.

That is when they proposed Peter Kenneth. There is no gainsaying the fact the bulk of the most influential Kikuyu businessmen in Nairobi hail from the greater Murang’a County. Before, the carving out of additional districts from the original Murang’a largely by President Daniel Moi, Murang’a District began just after Thika town extending all way to the border of Karatina town, which is in Nyeri District. The urban and thoroughly cosmopolitan Kenneth is from Kirwara sub-location in Murang’a.

When the businessmen argued that they did not know where Sonko came from and what business he does, they were subtly saying he is not one of them. It did not matter that he is a Jubilee Party loyalist. “The thought of Sonko running the affairs of the biggest economy outside the national government at the City Hall is just frightening”, the earlier quoted businessman confided. To calm the Murang’a Mafia fears and sooth their egos, Sonko has picked a mid-career corporate professional, Polycarp Igathe, who hails from Murang’a County as his deputy.

I was informed that Sonko oftentimes sneaks in at night to catch up with wazito — the gangland (heavy weight) leaders, who also boasted of having Sonko’s direct contacts.

Sonko’s mocking of academic papers during his high pitched monologues to Citizen TV host Mohamed Hussein — never mind he has himself rushed to get them — is a testament to how these credentials have come to mean nothing insofar as the governor’s seat is concerned. Dr Evans Kidero with his “excellent” academic papers and “management experience” and presumed “track record” has ensured that these qualifications will not be anything to brag about when canvassing for the governor seat’s votes.

Kidero’s rival was Ferdinand Waititu, a former MP of the larger Embakasi constituency. Waititu started off as a councillor for Njiru ward, which was then part of the constituency. He also deputized mayor Wathika. Waititu is always remembered for his “unparliamentary” behaviour of throwing stones and boxing his constituents.

Yet, in uncanny twist of fate, he outmanoeuvered his competitors to clinch the TNA party ticket. One of the more formidable candidates in the Nairobi governor seat elections in 2013 was one, Jimnah Mbaru who ran on the defunct Alliance Party of Kenya (APK) after he failed to secure the TNA nomination. He performed dismally, coming a distant third.

Like Kenneth today, Mbaru had always been dogged by claims of being elitist and not “a man of the people”, since the first time he entered electoral politics in 1992, when he first ran for a parliamentary seat. Waititu’s chief campaigners in 2013 rode on that narrative to besmirch Jimnah. He was painted by Waititu as a man who would not soil his (well pressed) suits to get into the mud to help the people.

A cursory glance at Sonko’s city support base today quickly reveals a demographic stratum that comprises voters who care nothing about academic qualifications and management experience. Disenchanted with Kidero’s apparent lack of vision for the city — Nairobians were hoping for a makeover and an invigorated capital city — this voter bloc has all but dismissed these “elite” qualifications.

Four months ago, I conducted a reality check in Mathare constituency, one of Sonko’s electoral bastions. Mathare is made up of six wards. In Huruma, the “area boys” told me Sonko was their guy. No doubt. Speaking to me in that lyrical Sheng only spoken in the toughest of the city ghettos, the young men spotting crew cuts dismissed Kenneth as an “impostor”. “Huyo mlami alikuwa wapi hizo siku zote?” Where was the white man all these time? “Kenneth ni candidate wa mababi”. Kenneth is the city’s bourgeoisie choice.

Of course, Mathare is not Sonko’s only voter catchment area. The entire Eastlands area — including the Central Business District — is considered to be his political playground. From the City Stadium roundabout, the area sandwiched between Jogoo Road and Lusaka Road is populated with Sonko’s presumed loyal supporters. This area straddles basically four constituencies: Makadara, Starehe and Embakasi South and Embakasi West.

In Makadara constituency, Sonko’s support is to be found in the larger Buru Buru, Ofafa Jericho and Jericho Lumumba, Maringo, Mbotela and Hamza estates. Add to these estates, Mukuru kwa Njenga slum. In Starehe constituency, Sonko’s biggest support base is in the Mukuru kwa Rueben sprawling slum which is adjacent to the other Mukuru and other scattered slums in the Industrial area. In Embakasi South constituency, his most ardent supporters are in the heavily populated Pipeline area. In Embakasi West, his supporters are to be found in Umoja I and II, Mowlem and Kariobangi South.

Separate from the Jogoo Road/Lusaka Road axis, Sonko also commands great support in the area between Juja Road and Heshima Road, which runs through Bahati and Jerusalem estates. This area mainly encompasses Kamukunji and Embakasi North constituencies. In Kamukunji constituency, his greatest support resides in Biafra, Majengo — popularly known as Kije — and Shauri Moyo estates. Majengo, one of the city’s oldest and most densely populated slums, is heavily Islamized and Swahilised — cultural traditions that Sonko easily identifies with and vice versa.

In Embakasi North, the sprawling Dandora areas I, II, III, IV and V, including Gitare Marigu ghetto are Sonko’s forte. Away from Eastlands, Sonko can also call support in Dagoretti South, a peri-urban and semi-rural constituency.

To the macho ghetto youth, the fact that Sonko spent time in prison, means he is a “made man”. “Sonko ni mtu alikuwa piri…na saa hii yuko wapi?” (Sonko was in prison…now look where he is).

Sonko’s penetration of these urban poor areas was facilitated by his supposedly philanthropic outfit; the Sonko Rescue Team, which would supply the one golden commodity that is scarce to many Nairobians, rich and poor — water. For many of these people, they did not need to see Sonko physically: The SRT vehicles would announce the presence of the unseen Sonko.

Invariably, Sonko’s supporters will not be voting for him because he is in Jubilee — his core constituency is to be found across the ethnic divide and would vote for him wherever he would take them. It is that simple. Nobody cares to remember that Sonko is a Mkamba from Mua Hills in Machakos County.

My street vendor friends — many of them Kikuyus and who ply their trade in the CBD, have told me they are rooting for Sonko. They believe he will be kinder to them. “Sonko ni mtu anaelewa works ya vijana.” (Sonko is a man who understands the struggles of the youth). “Yeye hukuja kutucheki na ametupromise ata deal na mabigi wa hii tao.” (He comes by to say hello, and has promised, he will deal with the city’s bigwigs).

Sonko won the street vendors’ favour, when he confronted the city askaris, who consistently and persistently harassed the vendors. Sonko had been consistently vocal about the violence at least since 2014, and in January 2016, three notorious city askaris, who have since been charged with a spate of murders involving street vendors, were arrested days after he threatened to resign.

Sonko has promised to put the city askaris firmly in their place, should he win. “Sonko alitushow atanyorosha hao makanjo.” (Sonko told us he will straighten up the city askaris — if he becomes the governor).

Typically, nearly all the boda boda riders who operate in the CBD are Sonko’s supporters. Like their counterparts, the street vendors, they regularly fall afoul of the archaic city by-laws, and hence are a perpetual target of harassment by city askaris seeking to extort bribes; oftentimes violently.

Sam Ochieng who is an Advertising Executive, says he will vote for Sonko. “Sonko animates politics in a way no other Kenyan politician does.” My restaurateur friend, Wa Carol, told me she will cast her vote for Sonko, because she believes he is a man of action and will be accessible. “Kidero is a total flop. All he did was to increasingly levy taxies on small enterprises without offering any services. Look at my restaurant’s backstreet: piles and piles of garbage…and every month we are required to pay service charge.”

Away from Sonko’s presumed multicultural support base, his ethnic city support is also as good as assured. It is not for nothing that Mukuru kwa Reuben and part of the Mukuru kwa Njenga slums are solidly behind Sonko: in the city politics’ parlance, they are Kamba ghettos. So is Biafra in Kamukunji, Mbotela in Makadara and Pipeline in Embakasi South.

According to Independent Electoral and Boundaries Commission (IEBC) latest figures on the total registered voters, out of the city’s 2.3 million registered voters, 450,000 are Kambas, the second-largest voting block after the Kikuyus. With his entry into the governor’s race, Sonko has complicated the ethnic arithmetic for Evans Kidero/Jonathan Mueke ticket. The retention of Mueke as a running mate was essentially to tap and harvest this Kamba vote.

Three weeks ago, Johnstone Muthama, one of NASA’s fundraisers and campaigners called for a meeting at City Stadium, where every eligible Kamba voter had an automatic invitation. On the agenda: how to marshall Kamba support for Kidero/Mueke NASA ticket. Regardless, Hannah Mutiso from Buru Buru, told me her vote for the governor is for Sonko and so did Mbula from Pipeline in Embakasi South.

If the Kamba vote will prove to be problematic to Kidero, the Luhya vote may also not be automatic. A City County Luhya employee, who requested anonymity, confided in me that not all Luhyas will vote for Kidero. “We have not forgotten how he caused so much grief for our people when he was the boss at Mumias Sugar Factory.” Kidero has been variously accused of mismanaging and misappropriating the company’s finances, a charge that has yet to be proven in the courts, but which has refused to go away and sticks out of Kidero’s lapel like a rotten flower.

Sonko’s works of charity — though driven more by his need to shore up his votes rather than real philanthropy — in places like Kosovo, another of Mathare’s wards, are seen as actos of noblesse oblige in one of the riskiest slums in Nairobi. There, I was informed that Sonko oftentimes sneaks in at night to catch up with wazito — the gangland (heavy weight) leaders, who also boasted of having Sonko’s direct contacts.

Some of the philanthropic activities that Sonko continues to dazzle Nairobians with include paying school fees for some needy students and providing a free ambulance service. As MP, he claimed to have regularly purchased a geometrical set for every pupil in his constituency who sat for the Kenya School of Primary Education (KCPE) examination.

In six short years, Nairobi politics has seen Sonko capture the aspirations of the hoi polloi sequestered in the dangerous, horrid city ghettos, where in the true Hobbesian fashion, “life is short, nasty and brutish”. If his criminal record is supposed to stick out as a sore thumb, the contrary is true. The record, which he does not shy away from, has proved to be a magnet to the youth — who form the strength of his fundamental support.

To the macho ghetto youth, the fact that Sonko spent time in prison, means he is a “made man”. “Sonko ni mtu alikuwa piri…na saa hii yuko wapi?” (Sonko was in prison…now look where he is).

Cutting the figure of a flashy, flamboyant, jewelry-clad gung-ho, Robin Hood type of a Mafia don, Sonko popularised the street slang name — sonko — connoting a man of limitless wealth. Adored by the millennial and generation Z, whose every day dream is to be a sonko, like the real Mike Sonko, they are expected to come out and vote for him en masse.

Sonko who converses in the “rebel language” of the slum-trodden youth, has impressed on them that you do not need an education to live it up. In the process, he has “sonkonised” the politics of Nairobi.

Avatar
By

Mr Kahura is a senior writer for The Elephant.

Politics

African Continent a Milking Cow for Google and Facebook

‘Sandwich’ helps tech giants avoid tax in Africa via the Netherlands and Ireland.

Published

on

Algorithmic Colonisation of Africa
Download PDFPrint Article

Google’s office at the airport residential area in Accra, Ghana, sits inside a plain white and blue two-storey building that could do with a coat of paint. Google, which made more than US$ 160 billion in global revenue in 2019, of which an estimated US$ eighteen billion in ‘Africa and the Middle East’, pays no tax in Ghana, nor does it do so in most of the countries on the African continent.

Google Street View of the building registered as Google's office in Accra

Google Street View of the building registered as Google’s office in Accra

It is able to escape tax duties because of an old regulation that says that an individual or entity must have a ‘physical presence’ in the country in order to owe tax.  And Google’s Accra office clearly defines itself as ‘not a physical presence.’ When asked, a front desk employee at the building says it is perfectly alright for Google not to display its logo on the door outside. ‘It is our right to choose if we do that or not’. A visitor to the building, who said she was there for a different company, said she had no idea Google was based inside.

Facebook is even less visible. Even though practically all 250 million smartphone owners in Africa use Facebook, it only has an office in South Africa, making that country the only one on the continent where it pays tax.

Brick and mortar

The physical presence rule in African tax laws is ‘remnant of a situation before the digital economy, where a company could only act in a country if it had a “brick and mortar” building’, says an official of the Nigerian Federal Inland Revenue Service (FIRS), who wants to remain anonymous. ‘Many countries did not foresee the digital economy and its ability to generate income without a physical presence. This is why tax laws didn’t cover them’.

Tax administrations globally have initiated changes to allow for the taxing of digital entities since at least 2017. African countries still lag behind, which is why the continent continues to provide lucrative gains for the tech giants. A 2018 PriceWaterhouseCoopers report noted that Nigeria, Africa’s largest economy, has seen an average of a thirty percent year-on-year growth in internet advertising in the last five years, and that the same sector in that country is projected, in 2020, to amount to US$ 125 million in the entertainment and media industry alone.

‘Their revenue comes from me’.

William Ansah, Ghana-based CEO of leading West African advertising company Origin 8, pays a significant amount of his budget to online services. He says he is aware that tax on his payments to Facebook and Google escapes his country through what is commonly referred to as ‘transfer pricing’ and feels bad about it. ‘These companies should pay tax here, in Ghana, because their revenue comes from me’, he says, showing us a receipt from Google Ireland for his payments. During this investigation we were also shown an advert receipt from a Nigerian Facebook ad that listed ‘Ireland’ as the destination of the payment.

Like Google, Facebook does not provide country-by-country reports of its revenue from Africa or even from the African continent as a whole, but the tech giant reported general revenue of US$ sixty billion as a whole from ‘Rest of the world’, which is the world minus the USA, Canada, Europe and Asia.

Facebook revenue by user geography

Facebook revenue by user geography

Irish Double

The specific transfer pricing construction Google and other tech giants such as Facebook use to channel income away from tax obligations is called an ‘Irish Double’ or ‘Dutch Sandwich’, since both countries are used in the scheme. In the construction, the income is declared in Ireland, then routed to the Netherlands, then transferred to Bermuda, where Google Ireland is officially located. Bermuda is a country with no corporation tax. According to documents filed at the Dutch Chamber of Commerce in December 2018, Google moved US$ 22,7 billion through a Dutch shell company to Bermuda in 2017.

Moustapha Cisse, Africa team lead at Google AI

Moustapha Cisse, Africa team lead at Google AI

An ongoing court case in Ghana — albeit on a different issue — recently highlighted attempts by Google to justify its tax-avoiding practices in that country. The case against Google Ghana and Google Inc, now called Google LLC in the USA, was started by lawyer George Agyemang Sarpong, who held that both entities were responsible for defamatory material against him that had been posted on the Ghana platform. Responding to the charge, Google Ghana contended in court documents that it was not the ‘owner of the search engine www.google.com.gh’; that it did not ‘operate or control the search engine’ and that ‘its business (was) different from Google Inc’.

Google Ghana is an ‘artificial intelligence research facility’.

Google Ghana describes itself in company papers as an ‘Artificial Intelligence research facility’. It says that its business is to ‘provide sales and operational support for services provided by other legal entities’, a construction whereby these other legal entities — in this case Google Inc — are responsible for any material on the platform. Google Ghana emphasised during the court case that Ghana’s advertising money was also correctly paid to Google Ireland Ltd, because this company is formally a part of Google Inc.

Rowland Kissi, law lecturer at the University of Professional Studies in Accra describes Google’s defence in the Sarpong court case as a ‘clever attempt’ by the business to shirk all ‘future liability of the platform’. Kissi is cautiously optimistic about the outcome, though: while the case is ongoing, the court has already asserted that ‘the distinction regarding who is responsible for material appearing on www.google.com.gh, is not so clear as to absolve the first defendant (Google Ghana) from blame before trial’. According to leading tax lawyer and expert Abdallah Ali-Nakyea, if the ‘government can establish that Google Ghana is an agent of Google Inc, the state could compel it to pay all relevant taxes including income taxes and withholding taxes’.

Cash-strapped countries

Like most countries, especially in Africa, Nigeria and Ghana have become more cash-strapped than usual as a result of the COVID 19 pandemic. While lockdowns enforced by governments to stop the spread of the virus have caused sharp contractions of the economy worldwide, ‘much worse than during the 2008–09 financial crisis’, according to the International Monetary Fund, Africa has experienced unprecedented shrinking, with sectors such as aviation, tourism and hospitality hardest hit. (Ironically, in the same period, tech giants like Google and Facebook have emerged from the pandemic stronger, due to, among others, the new reality that people work from home.)

With much needed tax income still absent, many countries have become even more dependent on charitable handouts. Nigeria recently sent out a tweet to ask international tech personality and philanthropist, Elon Musk, for a donation of ventilators to help weather the COVID 19 pandemic: ‘Dear @elonmusk @Tesla, Federal Government of Nigeria needs support with 100-500 ventilators to assist with #Covid19 cases arising every day in Nigeria’, it said. After Nigerians on Twitter accused the government of historically not investing adequately in public health, pointing at neglect leading to a situation where a government ministry was now begging for help on social media, the tweet was deleted. A government spokesperson later commented that the tweet had been ‘unauthorised’.

Cost to public

The criticism that governments often mismanage their budgets and that much money is lost to corruption regularly features in public debates in many countries in Africa, including Nigeria. However, executive secretary Logan Wort of the African Tax Administration Forum ATAF has argued that this view should not be used to excuse tax avoidance. In a previous interview with ZAM Wort said that ‘African countries must develop their tax base. It is only in this way that we can become independent from handouts and resource exploitation. Then, if a government does not use the tax money in the way it should, it must be held accountable by the taxpayers. A tax paying people is a questioning people’.

‘A tax paying people is a questioning people’

Commenting on this investigation, Alex Ezenagu, Professor of Taxation and Commercial Law at Hamad Bin Khalifa University in Qatar, adds that in matters of tax avoidance by ‘popular multinationals such as Facebook and Google, it is important to understand the cost to the public. If (large) businesses don’t pay tax, the burden is shifted to either small businesses or low income earners because the revenue deficit would have to be met one way or another’. For example, a Nigerian revenue gap may cause the government to increase other taxes, Ezenagu says, such as value added tax, which increased from five to seven and a half percent in Nigeria in January. ‘When multinationals don’t pay tax, you are taxed more as a person’.

Nigeria has recently begun to tighten its tax laws, thereby following in the footsteps of Europe, that last year made it more difficult for the digital multinationals to use the ‘Irish Double’ to escape tax in their countries. South Africa, too, in 2019 tailored changes to its tax laws in order to close remaining legal loopholes used by the tech giants. These ‘could raise (tax income) up to US$ 290 million a year’ more from companies like Google and Facebook, a South African finance source said. With US$ 290 million, Ghana’s could fund its flagship free senior high school education; Nigeria could fully fund the annual budget (2016/2017 figures) of Oyo, a state in the south west of the country.

Interior view of the Facebook office in Johannesburg, South Africa

Interior view of the Facebook office in Johannesburg, South Africa

Waiting for the Finance Minister

Nigeria’s new Finance Act, signed into law in January 2020, has expanded provisions to shift the country’s focus from physical presence to ‘significant economic presence’. The new law leaves the question whether a prospective taxpayer has a ‘significant economic presence’ in Nigeria to the determination of the Finance Minister, whose action with regard to the tech giants is awaited.

In Ghana, digital taxation discussions are slowly gaining momentum among policy makers. The Deputy Commissioner of that country’s Large Taxpayer Office, Edward Gyamerah, said in a June 2019 presentation that current rules ‘must be revised to cover the digital economy and deal with companies that don’t have traditional brick-and-mortar office presences’. However, a top government official at Ghana’s Ministry of Finance who was not authorised to speak publicly stated that, ‘from the taxation policy point of view, the government has not paid a lot attention to digital taxation’.

He blamed the ‘complexity of developing robust infrastructure to assess e-commerce activity in the country’ as a major reason for the government’s inaction on this, but hoped that a broad digital tax policy would still be announced in 2020.” Until the authorities get around to this, he said he believed that, ‘Google and Facebook will (continue to) pay close to nothing in Ghana’.

Comment

Google Nigeria did not respond to several requests for interviews; Google Ghana did not respond to a request for comment on this investigation. Neither entities responded to a list of questions, which included queries as to what of their activities in the two countries might be liable for tax, and whether they could publish country by country revenues generated in Africa. When reached by phone, Google Nigeria’s Head of Communications, Taiwo Kola Ogunlade, said that he couldn’t speak on the company’s taxation status. Facebook spokesperson Kezia Anim-Addo said in an email: ‘Facebook pays all taxes required by law in the countries in which we operate (where we have offices), and we will continue to comply with our obligations’.

Note: The figure of eighteen billion US$ as revenue for Google in ‘Africa and the Middle East’ over 2019 was arrived at as follows. Google’s EMEA figures for 2019 indicate US$ 40 billion revenue for ‘Africa, Europe and the Middle East’ all together. According to this German publication, Google’s revenue in Europe was 22 billion in 2019This leaves US$ eighteen billion for Africa and the Middle East.

This article was first published by our partner ZAM Magazine.

Continue Reading

Politics

An Unlikely Alliance: What Africa and Asia can teach each other

Once African and Asian leaders looked towards each other for guidance. What possibilities can a renewed cross-continental solidarity offer?

Published

on

An Unlikely Alliance: What Africa and Asia Can Teach Each Other
Download PDFPrint Article

When independent Congo’s first prime minister, Patrice Lumumba, was assassinated in 1962, over 100,000 people protested in Beijing Workers’ Stadium. Thousands more protested in New Delhi and Singapore.

When Sudan lacked a formal plaque at the 1955 Bandung Conference, where the leaders of Asia and Africa declared the Third World project, India’s Jawaharlal Nehru wrote “Sudan” on his handkerchief, ensuring Africa’s then largest country a seat.

It was a time when Asia and Africa, home to almost 80 percent of humanity, found kinship in their shared trauma and conjoined destiny. Both were always spoken of in tandem. Martin Luther King Jr.’s “Letter from a Birmingham Jail,” drew inspiration from what he saw overseas: “The nations of Asia and Africa are moving with jet like speed toward gaining political independence.”

Too often we forget that the most defining event of the 20th century was not World War II or the Cold War, but the liberation of billions in Asia and Africa between the 1950s and 1980s as citizens of almost 100 new-born countries.

It also marked the revival of an ancient, pre-European connection. Historically, Asia and Africa were enmeshed centers of wealth and knowledge and the gatekeepers of the most lucrative trade routes. The Roman Empire’s richest region was North Africa, not Europe. A severe trade imbalance with South Asia forced Roman emissaries to beg spice traders in Tamil Nadu to limit their exports.

Western Europeans left their shores in desperation, not exploration, in the 1500s to secure a maritime route to the wealthy Indian Ocean trading system that integrated Asia and Africa. Somali traders grew rich as middlemen transiting coveted varieties of cinnamon from South Asia to Southern Europe. The Swahili coast shipped gold, ivory, and wildlife to China. Transferring the world economy to the Atlantic first required Portugal’s violent undoing of the flow of goods and peoples between Asia and Africa.

In Bandung, Indonesia’s Sukarno declared “a new departure” in which peoples of both continents no longer had “their futures mortgaged to an alien system.”

Yet that departure became a wide divergence that is complex to comprehend. Over the last few years, I’ve shuttled between the megacities of Asia to East and Central Africa. I also grew up in four Asian countries—India, Thailand, Philippines, and Singapore—and lived through Southeast Asia’s exponential rise.

The gap between Africa and East Asia, including Southeast Asia, is perplexing because we share much in common—culture, values, spirit, and worldview. I’m reminded of this in Somalia, Sudan, Uganda, or Ghana, where I’ve felt an immediate sense of fraternity.

It’s now a familiar story: 70 years ago, African incomes and literacy rates were higher than East Asia, then an epicenter of major wars. But in one generation, East Asia achieved wealth, human development, and standards of living that rival a tired, less relevant Western world.

The shockingly inept response by many Western countries to a historic pandemic has only amplified calls for Africa to abandon the Western model and learn from its once closest allies. A new book titled Asian Aspiration: How and Why Africa Should Emulate Asia, hit stores this year, co-authored by former Nigerian and Ethiopian heads of state. An op-ed in Kenya’s Star newspaper even prior suggested Kenyans shift their gaze from the supposed advancement of Westerners to “the progress of our comrades in the East.”

The incessant idea that Africa’s future lies in models not of its own making can be patronising. But Africa can indeed learn from the successes and pitfalls of East Asia, the world’s most economically dynamic region also built from scratch, while imparting wisdom of its own.

Many who previously pondered this gap came up with multiple theories, but often ignored a simple reality: Africa’s geography. Like Latin America, Africa is bedeviled by a predatory power to its north that siphons capital, talent, labor, and hope. By contrast, East Asia, even with several U.S. bases, is an ocean away from the United States and a 12-hour flight from Western Europe.

Europe’s proximity to Africa also cultivated a perennial barrier to development: the Western aid industry. Whether I’m in Haiti or Chad, the sheer domination of Western NGOs, development agencies, aid convoys, and all manner of plunder masquerading as goodwill—$40 billion more illicitly flows out of Africa than incoming loans and aid combined—is something I never saw even 25 years ago in Southeast Asia. Industries look for growth opportunities. Developed societies with robust public systems in East Asia offer few for saviors. The streets of Bangkok and Hanoi are lined with Toyotas and tourists, not wide-eyed youths in armored vehicles guided by white burden. The development industry and most of its participants I’ve had the misfortune of meeting are toxic. Large swaths of Africa remain under occupation of a different kind.

For much of the 20th century, Africa also faced a virulent settler colony in its south which destabilized the region and was so hateful of Black Africans that its mercenaries set up a series of bogus health clinics to surreptitiously spread HIV under the guise of charitable healthcare.

East Asia’s settler colony, Australia, was never able to replicate South Africa’s belligerence. It did lay waste to Papua New Guinea (where it continues to imprison asylum-seekers) but Australia never invaded or occupied Indonesia or the Philippines.

Another fallacy explaining African inertia is poor leadership. Leadership is paramount, but Africa produced a generation of independence era leaders whose values and decency the world desperately needs today. All were killed or overthrown by the West—because Africa is a far deeper reservoir of resources than East Asia.

South Korea, Singapore, and Taiwan are not resource rich. Thailand was never even colonized. An Asian country afflicted by similar conditions to Africa is mineral-rich Myanmar, closed to the wider world and progress for decades. Showcases of democracy aside, its kleptocratic, authoritarian political culture, like many African countries, was inherited from British rule. George Orwell’s less referenced book Burma Days, a recount of his time as a police officer in colonial Burma, called the British Empire “a despotism with theft as its final object.”

Resources prevented African leaders from towing a middle road that kept Western powers happy while investing in their society. The choice was resource nationalism or authoritarian acquiescence “with theft as its final object.” It was either Lumumba or Mobutu.

East Asian success stories worked within the global capitalist system and conducted deft diplomacy to placate Western superiority complexes while fortifying relationships with the rest of the global South. At independence, Singapore dispatched diplomats around the world, including several African countries, to build trade ties. Its manufacturing companies provided cassette tapes for Sudan’s then booming music industry. It hired Israeli advisors to train its military while staying in the good books of neighbors and Arab partners who stood with the Palestinians. These maneuvers are only possible when you aren’t sitting on $24 trillion worth of minerals.

Geography aided East Asia. Colonial borders, with a few exceptions, resembled some form of community that came before the nation-state. Consider both the Malay and Korean Peninsulas. Thailand’s borders, while amended as concessions to imperial powers, conformed largely to the cultural and linguistic boundaries of ancient Siam.

Africa’s artificial borders concocted nation-states with no experience as a community of any kind. The nation-state model creates fissures even in Europe, with the Yugoslav wars and constant, violently suppressed demands for statehood by the Basques and Catalans in Spain, not to mention a referendum by the Scots. Partitions across Africa, a special kind of cartographic violence, congealed animosity for generations.

So while Africans were marginally better off at independence than East Asians, structurally they actually did not have a head start. But Africa still thrived in the 1970s. It is only now reaching average income levels akin to half a century ago. To dismiss the continent’s record since independence as a perennial failure is a historically illiterate point of view. Its cultural output and musical dynamism were astonishing—arguably unrivaled—during this era. Liverpool and Manchester? Try Luanda and Mogadishu.

Africans were well aware of the right course but were thwarted more viciously than East Asia’s most developed states. Perhaps the West is more tolerant of Asian success because of racial hierarchies, just as the US parades Asian-American affluence as a symbol of the universality of the US-led Western model but violently responds to the smallest hint of actual wealth creation in Black-American communities.

Now, amid a precarious coming decade, East Asia indeed offers prescriptions for not only natural allies like Africans but societies worldwide seeking transformation in record time.

First off, it’s all about networks. Do the rules of your country facilitate local, regional, and international networks? A new Harvard study concluded that brisk business travel has the single biggest impact on building networks, diffusing knowledge, and birthing new industries. Europe’s own development benefited from its small land space, which tailored expansive, tight-knit networks that rapidly spread ideas revolutionizing everything from the sciences to football tactics.

Frequent trips to any major city in East Asia connect you to lucrative networks half a world away. Business travel (at least before the chaos of coronavirus) to East Asia is accessible, affordable, and hassle-free. The right infrastructure and laws—state-of-the-art airports, good accommodations, low-cost, high-speed telecommunications, rapid transportation links and whole scale visa liberalization—are needed to accommodate network-building travelers of every stripe and budget. African countries should follow suit, and streamline business travel, which would allow African travelers to build dense regional and continental networks—currently a tough ask when pre-pandemic flights from Nairobi to London were far cheaper than to neighboring capitals.

Since the 1980s, the Anglo-American West, ideologically intoxicated by deregulation, abdicated their society’s fate to self-interested individuals and free markets alone. East Asian countries enacted hardcore capitalist policies but never bought into this demented idea. The US and UK spent the last four decades dismantling their states; East Asian countries meanwhile reinforced their capacity with vast investments in education, telecommunication, and especially healthcare.

Thailand abandoned the neoliberal approach to healthcare in the early 2000s for a private-public model that guaranteed universal coverage and secured its place as the first country in Asia to eliminate HIV transmission from mother to child. Both Singapore and Hong Kong have the most efficient healthcare systems in the world. Sharply guided public health policies underwrote East Asia’s masterful management of COVID-19. Vietnam and Laos had zero deaths from coronavirus while Germany, somehow a celebrated success story in the Western press, has over 9,000 deaths.

Recently, Kenya sought Thailand’s expertise in revamping a typically price-gouged private healthcare system. Ethiopia invited Vietnamese telecommunication companies to make its systems reliable, fast, and, like much of Southeast Asia, affordable.

In the Nigerian and Kenyan corners of Twitter, “The Singapore Solution” resonates. People yearn for a Lee Kuan Yew figure. Lee once told an Indian audience that Singapore’s model cannot be adopted by India, which, according to him, “is not a real country…Instead it is thirty-two separate nations that happen to be arrayed along the British rail line.”

The same can be said about Nigeria and Kenya. Singapore is an entrepot state of a few million at the gateway to the Malacca Straits, the world’s busiest shipping lane, with deep ancestral ties to China and India, the world’s richest economies for 1,800 of the last 2,000 years.

Each country’s trajectory is highly contingent on a set of unique circumstances and should never be applied wholesale. With the immense benefit of hindsight, Africans can choose from the best, most fitting lessons from the region, while staying vigilant of and mitigating many pitfalls.

For every one of me, inheritors of East Asia’s boom, there are, like New York City and London in the early 1900s, millions trapped as cheap labor servicing endless growth, forced to compete over scraps in unforgiving cities. East Asian inequality is nauseating. South Korea has the highest elderly poverty rate in the OECD, with almost half of its senior citizens condemned to destitution rather than retirement. Only disparities that torture the soul can create award-winning films like Parasite.

This is a feature, not a bug, of East Asia’s rapid growth. Opening up to global capitalism inevitably instills hierarchies and racialized aspirations. When I see advertisements for new luxury condominiums, possibly the most prevalent hoardings in Southeast Asia, it’s an image of a white man with his East Asian wife and mixed-race child. The message is clear. As Frantz Fanon wrote, “you are rich because you are white, you are white because you are rich.”

East Asia may not have the levels of violent, heartless racism on brazen display in Western societies, but the 1990s were a turning point. East Asians began to look down on those modernization taught them to distrust. You don’t go from mourning an assassinated Congolese leader by the thousands to treating African expatriates as diseased in one generation without a drastic, very recent shift.

Some Westerners, like washed up drunks screaming profanities at a bar, might be tempted to repeat the mantras falsely underlining their sense of superiority to make preposterous demands of such young countries pieced together overnight. They might ask, “Well what of democracy? Human rights? Freedom of the press? Free markets?” These are all wonderful things, if they actually existed.

Not a single Western country was a democracy during its development. Western Europe had a fascist government in Spain until 1975. France and Britain fought horrific wars to deny Algeria and Kenya independence even after defeating Nazism. You can’t be a democracy when you deny democracy to others. European colonies were run as totalitarian dictatorships and lasted well into the late 20th century.

Freedom of the press? Try criticizing Israel in the mainstream US or German media.

Human rights? Europe lets migrants drown by the thousands in the Mediterranean. Australia has offshore camps for asylum seekers where abuse and rape are rampant. The US has kids in cages and its cops murder young Black men for sport.

Free markets? Both the US and Britain were viciously protectionist societies that relied on massive state intervention, and overwhelming military force, to mint its corporations.

The marriage of free markets to supposedly liberal democracy gave us Brazil’s Jair Bolsonaro, India’s Narendra Modi, the Philippines’ Rodrigo Duterte, and kept war criminal Benjamin Netanyahu as Israel’s longest serving leader. The Western liberal order, Indian writer Pankaj Mishra meticulously reveals, is an “incubator for authoritarianism” because it’s premised on fairy tales.

An open society, a vibrant marketplace, and a respect for human dignity are of course worthy and necessary goals. More representative forms of government, hopefully devised by us rather than imported from Cornwall, England, will arrive. We need not be “Jeffersonian Democrats”; we can surely do better than a system championed by slave owners. As Deng Xiaoping said when China opened up after its century of humiliation, “Let some people get rich first,” which should be interpreted as a call to enrich societies as a whole before succumbing to obnoxious Western moralizing about values they rarely practice themselves.

Advancement need not only be predicated on economic growth and democratic politics and Africa need not only be the student and Asia the mentor. Asia has much to learn from Africa’s grand investments in culture in its earliest days. Aside from Vietnam, whose communist government funded the arts, and South Korea, which subsidized its K-Pop industry, most East Asian countries pay little attention to their cultural prowess on the world stage.

When kids in Djibouti listen to songs on their phone, it’s Somali music or Nigerian hits. Hop in a taxi in Accra or Khartoum and you hear that country’s sound. Africans listen to their own music. Southeast Asia does not. The richest music is derided as a pastime of lower classes, unfit for well-heeled urban elites. Talent gets lost in the never-ending roster of cover bands for top 40 American pop.

In Jakarta’s many behemoth malls, “you will not hear Indonesian music,” wrote journalist Vincent Bevins. “You will not hear Japanese music, or anything from Asia… It will all have been packaged and sold in the USA.” It’s the same story anywhere in the region.

This may seem trivial, but a country’s image is vital to any lasting progress. In a world no longer able to “identify with, let alone aspire to, Hollywood’s white fantasies of power, wealth and sex,” wrote Fatima Bhutto in New Kings of the World: Dispatches from Bollywood, Dizi, and K-Pop, “a vast cultural movement is emerging from the global South… Truly global in its range and allure, it is the biggest challenge to America’s monopoly of soft power since the end of the Second World War.”

African countries laid the foundations in the ‘70s to fill this vacuum. Their image will be defined in the next decades by their stellar music, set to be in our lifetimes the global staple and standard. Independent labels and corporate players like UMG and Sony, now with headquarters in Lagos and Abidjan, have ensured unprecedented international access to Africa’s abundance of music, past and present.

African literary festivals have also blossomed, adding to an impressive six percent growth in the industry. It’s only a matter of time before small and multinational publishing houses scout a new cadre of young African writers to make household names, as they did in South Asia. Africa hosts over 35 annual literary festivals, even in struggling cities like Mogadishu, while East Asia only enjoys 21.

Economic engines inevitably slow. Southeast Asia in particular must emulate African pride in its own music and related expressions of culture to seize on openings left behind by a once omnipotent cultural hegemony in full retreat. South Korea understood this early and enjoys a powerful, beloved global brand molded by pop music and films, not per capita income.

Even if Africa and Asia swap carefully selected approaches, ultimate success is only possible from a unity akin to the 1955 Bandung Conference. When we again mingle and ally, when we mourn each other’s dead, when we scribble names on napkins as acts of solidarity, we will again realize our lasting success. The final phase to complete the process of decolonization will have to be done jointly, in unison, or never at all.

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

Continue Reading

Politics

Fear and Loathing in Kenya’s Parliament

Parliament’s failure to enact laws to bring women into elected national leadership has only exposed its soft underbelly, revealing a combination of narcissism and incompetence.

Published

on

Fear and Loathing in Kenya’s Parliament
Download PDFPrint Article

A month before Chief Justice David Maraga advised the president to dissolve parliament, legislators were toying with plans to delete the constitutional requirement that would include women in national political leadership.

“You cannot compel citizens to elect either men or the other gender,” said Justin Muturi. Speaking at a parliamentary retreat, the Speaker of the National Assembly appeared to have lost whatever empathy he previously harboured for affirmative action legislation to promote women’s participation in elected leadership in June 2016.

Following the CJ’s September 21 advice, Muturi mobilised the Parliamentary Service Commission, which he chairs, to mount a court challenge against it. He remarked: “The clamour to pass legislation to ensure [the] two-thirds gender principle potentially violates the sovereign will of the electorate at least to the extent that such legislation will demand top-ups or nominations of women”.

Jeremiah Kioni, who chairs the Constitution Implementation Oversight Committee, told the parliamentary retreat that politicians only agreed to include the clause on the inclusion of women in elective leadership in the 2010 constitution “to stabilise the country and cool tempers”.

Unknown to many at the time of the retreat debate, the Speakers of the National Assembly and the Senate had received an August 3 letter from Chief Justice David Maraga informing them that he was considering six different petitions asking him to advise the president to dissolve parliament as provided for in the constitution. The letter followed up on a 25 June 2019 one inquiring about the progress made by Parliament in enacting laws to increase women’s participation in leadership.

In August, Muturi cautioned members of parliament that there was a real risk of dissolution over failure to enact the law on including women in leadership, but since Maraga delivered his coup de grâce on September 21, the Speaker has gone on the warpath.

Although the constitution – which was passed by 68.6 per cent adult suffrage in August 2010 – gave parliament independence, it contains a suicide clause giving the president the power of dissolution should it fail to enact laws that bring the constitution into application. The clause kicks in if the High Court certifies and declares that parliament has failed to pass a law within the required timelines.

The constitutional provision requiring that no gender should constitute more than two thirds of any elective or appointive body has been successfully implemented in county assemblies, but it has remained a sticking point at the national level. Elections for the National Assembly and the Senate in 2017, and the subsequent allocation of special seats, gave women only 23 per cent of the share of legislative leadership at the national level – a 9 per cent improvement on the 2013 elections.

A 2018 National Democratic Institute survey of gender participation in politics found that “[w]omen who had served in specially nominated positions, for example, were more likely to win an election than those who had never held office at all”.

A combination of political chicanery, slothful self-interest and duplicitous male chauvinism has repeatedly thwarted efforts to create an inclusive national legislature. The laws required to cash the promissory note given to women when the country passed the Constitution have never been passed because neither the National Assembly nor the Senate has been able to muster the two-thirds quorum required to debate a constitutional amendment.

The National Gender and Equality Commission documents the Journey to Gender Parity in Political Representation, noting the four floundering attempts to enact laws that would increase the number of women in national legislatures.

In each instance, the bills proposed to become law had already been developed off-site, complete with a costing of what each option would mean for the taxpayer, and all that was required of MPs was for them to show up and make the quorum for the bills to come under consideration.

The last effort at passing the gender law had been stepped down from the order paper in November 2018 over fears that there would be lack of quorum to consider it since it touched on the constitution. The bill was the product of painstaking negotiation, bargaining, and deal making involving over 50 organisations and that had lined up President Uhuru Kenyatta, political party leaders Raila Odinga and Kalonzo Musyoka.

When the proposed law was put to the National Assembly in February 2019, the headcount came in at 174 MPs – 59 short of the 233 required to consider a law relating to the constitution. Earlier, under the hammer of the High Court in 2016 to pass a similar law, Speaker Muturi innovated a way to get round the requirement for constitutional amendment law proposals to wait 90 days, fast-tracked the bill through the 11th Parliament – only for it to fail because there was no quorum to consider it.

Frustrations over the repeated failure to pass laws that promote women’s increased participation in elective politics have triggered a record number of court petitions. The most consequential of these is the petition filed by the Centre for Rights Education and Awareness, from which the High Court issued a declaration that parliament had indeed failed to perform its duty to enact a law to promote the participation of women in national elective leadership.

The Speaker of the National Assembly lost an appeal against the 2017 High Court decisionordering parliament to enact the law providing for inclusive leadership within 60 days.

Last year, on 5 April, the Court of Appeal observed that the repeated failure to get a quorum to pass the law “does not speak of a good faith effort to implement the gender principle”, noting that Parliament had already exhausted the option of extending for a year the deadline for enacting the gender law.

That decision confirmed parliament’s failure to perform its duty, and within two months inspired five petitions requesting the Chief Justice to advise that it be dissolved. The Law Society of Kenya lodged its petition with the Chief Justice in June this year.

Ken Ogutu, who teaches law at the University of Nairobi, analogises the current dilemma to a construction project where the main contractor has completed the main structure of a new house and a subcontractor is then left to do the finishing to ensure the house is completed to the required standards. “The main contractor gives the subcontractor a schedule of the finishing he must do and by when, and if the subcontractor fails to complete these tasks within the specified timelines, he is fired and a new one hired to do the work”.

Parliament has argued that it has passed all the other laws and should not be punished for not enacting the gender inclusion laws.

The Chief Justice’s advice to dissolve Parliament will likely expose the institution’s hidden weaknesses. Its failure to enact laws to bring women into elected national leadership has only exposed its soft underbelly, revealing a combination of narcissism and incompetence.

Beneath the shining veneer of success, evident in the passage of 47 out of the 48 laws required to implement the constitution as outlined in its Fifth Schedule, there is plenty of evidence that parliament is still stuck in the old constitutional order. Some argue that parliament has been the weak link in turning Kenya into a constitutional democracy.

Since 2011, Kenya Law Reports has documented 48 statutes or amendments to the law that the courts have struck down for being unconstitutional. Eight of the controversial laws struck down by the High Court or the Court of Appeal relate to the management of competition in elections.

Judges sitting singly or in panels of three in the High Court, or in the Court of Appeal, have struck down parliament’s attempts at power grabs by avoiding public participation and making laws that violate the constitution. It is even more worrying that the 48 are only those laws that citizens or organisations have challenged, meaning that there could be a great deal of unconstitutionality hidden in other laws.

For example, commenting on the attempt to sinecure seats for political party leaders in the election law, appellate judges Festus Azangalala, Patrick Kiage and Jamilla Mohammed wrote in their judgment: “[F]ar from attaining the true object of protecting the rights of the marginalized as envisioned by the constitution, the inclusion of Presidential and Deputy Presidential candidates in Article 34(9) of the Elections Act does violence to all reason and logic by arbitrary and irrational superimposition of well-heeled individuals on a list of the disadvantaged and marginalized to the detriment of the protected classes or interests”.

Other judges have described some of the legislative attempts as “overreach” or “no longer [serving] any purpose in the statute books of this country”. Judge Mumbi Ngugi, commenting on the anti-corruption law passed by parliament, remarked: “The provisions […], apart from obfuscating, indeed helping to obliterate the political hygiene, were contrary to the constitutional requirements of integrity in governance, were against the national values and principles of governance and the principles of leadership and integrity in . . . the Constitution . . . [and] entrenched corruption and impunity in the land”.

The low quality of laws emanating from parliament since the promulgation of the constitution in 2010 arises from several factors, among them competence gaps and self-interest, and despite the inclusion of an entire chapter on integrity in the constitution, the country’s politics is weighed down by poor political hygiene. Similarly, the law on qualification for election as a member of parliament sets a very low threshold while the one for recalling elected leaders is impossible to apply.

Data aggregated from the parliamentary website shows that 72 per cent of all members of the National Assembly are university graduates, but many of the qualifications listed appear to be shotgun degrees from notorious religious institutions acquired in the nick of time to clear the hurdle for election. The modest intellectual heft of members in the National Assembly especially makes the institution unsuited for the task of navigating a Western-style democracy in the design of the constitution.

Some 40 MPs have law degrees, but the Kenya Law Reform Commission, the Attorney General’s office, and various interest groups carry out much of the legislative drafting. Parliament is then often left with the duty of playing rubber stamp.

At moments of national crisis, legislative initiative has tended to emanate from outside parliament, whose members are then invited to endorse whatever deal has been agreed. Cases in point from recent history include the resolution of the stalemate over changing the composition of the Independent Electoral and Boundaries Commission in 2017, and the political détente in the aftermath of the putative 2017 presidential election.

In a global first of game-warden-turned-poacher, the Public Accounts Committee, Kenya’s parliamentary watchdog, was disbanded over allegations of corruption. The Conflict of Interest Bill was only published last year and is yet to reach the floor of parliament. It was not the only instance of members of parliament literally feathering their nests. Legislators have been most voluble in defending the benefits they feel entitled to, and clinging onto the control of the constituency development fund, which they have turned into a pot of patronage.

The constitution refashioned parliament as an independent institution with law-making, oversight and budgeting powers. The institution has not acquitted itself in watching over public institutions and spending, often playing catch-up with reports of the Auditor General. Its lax fiscal management and oversight has resulted in the country’s debt stock growing from Sh1.78 trillion in 2013 to the current Sh6.7 trillion. Only this year, the Sh500 billion contract for the construction of the standard gauge railway using Chinese loans was found to have been illegal.

Its review of the annual reports from the judiciary and the 14 constitutional commissions has been lacklustre, with the worst case being the parlous state of the Independent Electoral and Boundaries Commission. One of the concerns raised about dissolving parliament is around the readiness of the commission to undertake nationwide parliamentary elections, given that four of the seven commissioners have resigned and have not been replaced, and that the institution does not have a sufficient budget to undertake its work.

Another anxiety around the dissolution of parliament has been that the electorate would not cure the gender imbalance in the national legislature through an election. That anxiety is a misapprehension.

On 20 April 2017, in deciding a case filed by Katiba Institute, Justice Enock Mwita ordered that political parties formulate rules and regulations to bring to life the two-thirds gender principle during nominations for the 290 constituency-based elective positions for members of the National Assembly and the 47 county-based elective positions for members of the Senate within six months. He added that if they failed to do so, the IEBC should devise an administrative mechanism to ensure that the two-thirds gender principle is realised within political parties during nomination exercises for parliamentary elections.

The August 2017 High Court judgment requires the IEBC to ensure that party lists contribute to the realisation of the gender principle. The decision has not been appealed or vacated. Given the parliament’s proclivity to pursue the interests of its members in increasing their pay even when not allowed to do so, it is not unlikely that MPs, detained by their own fear of political competition, have refused to see how affirmative action legislation would increase women’s participation in politics.

For now, the Chief Justice’s advice to the president to dissolve parliament has been challenged in court by two citizens, with Judge Weldon Korir certifying that the case raises constitutional questions that need to be adjudicated by an uneven number of judges. It is not unlikely that the matter could go all the way to the Court of Appeal, meaning that the earliest a final position could be settled is February next year.

The dissolution saga will likely highlight the distance yet to be covered in realising the parliament Kenyans wanted to establish through the constitution. Although parliament has a five-year term, it can be extended in times of war or emergency for a period of one year each time, for a maximum of one year. The corollary is that its term can be shortened if it fails to live up to constitutional expectations.

Bereft of any real power or competence and unable to cut the umbilical cord binding it to the executive, parliament will be President Uhuru Kenyatta’s poodle waiting on his charity. And as the president concludes the political calculation of the costs and benefits of dissolving parliament, the country will be assessing its legislature’s performance not just on gender but on everything else.

Continue Reading

Trending