Politics
OUR UNLAWFUL LAWMAKERS: Parliament, the Supreme Court and the Gender Principle

Kenya is facing two post-election crises. Both are related to the Jubilee administration’s failure to adhere to the Constitution’s provisions on the inclusion of women in leadership. The first is regarding the validity of the Supreme Court as a legal body. The Supreme Court was created in Article 163, which along with Article 27(8), define its membership both numerically and in terms of gender; it is compliant numerically but violates the provisions of Article 27(8) on gender. The second crisis relates to the constitutionality of the 12th Parliament, which violates Articles 27(8) and 81(b) on gender as well as Article 3, which explicitly provides that any attempt to establish a government “otherwise than in compliance with the Constitution is unlawful”.
There have been numerous appeals by various actors to the National Super Alliance coalition (NASA) to submit their dispute regarding the presidential election to the Supreme Court. None of these actors, including those from local human rights organisations or even NASA itself, have cited the illegal composition of the Supreme Court and the challenge that poses to a legal resolution of the presidential election dispute.
There have been numerous appeals by various actors to the National Super Alliance coalition (NASA) to submit their dispute regarding the presidential election to the Supreme Court. None of these actors, including those from local human rights organisations or even NASA itself, have cited the illegal composition of the Supreme Court and the challenge that poses to a legal resolution of the presidential election dispute.
By overlooking the basic issue of the legality of the Supreme Court, these actors obfuscate the actions of the Jubilee administration prior to the election that have resulted in an illegally constituted Supreme Court and the current crisis. By their silence, these actors are asking the public to ignore the violation in terms of the Supreme Court’s membership, and to trust that the very law and constitution the Supreme Court itself is violating will be applied fairly to a presidential dispute with far reaching socio-political ramifications. This glossing over of violations of the law when it is convenient, and especially when it is engineered by the administration in power, is dangerous because it subverts the foundational principle of the Constitution as provided in Article 1: “All sovereign power belongs to the people of Kenya and shall be exercised only in accordance with this Constitution.”
The Supreme Court of Kenya as a body, and its members as individuals, are subject to the Constitution. Article 2(2) of the Constitution provides for the supremacy of the Constitution and pronounces its application on all persons and both levels of government and clarifies that: “No person may claim or exercise State authority except as authorised under this Constitution”. Article 3(2) buttresses Article 2 and on it rests our entire system of governance. It states: “Any attempt to establish a government otherwise than in compliance with this Constitution is unlawful.” Article 27(8), commonly referred to as the Gender Principle, establishes a further requirement on the Supreme Court as an appointive body; it provides that “not more than two-thirds” or 67% of its members, may be of the same gender.
The first major post-election crisis, therefore, is that the Supreme Court is operating outside the Constitution. Technically and constitutionally, this means that either party can legally disregard whatever decision the illegally constituted Supreme Court reaches.
The Supreme Court was reconstituted in 2016, and despite the likelihood of a disputed presidential election, three vacancies were filled by one woman and two men. The Supreme Court is numerically compliant with seven judges (five men and two women); however, the majority gender comprises 71%, an obvious violation of the Gender Principle. As such, the Supreme Court, as currently constituted, is an unlawful attempt to exercise state authority outside of our supreme law. This is a big deal for the apex court. It is also not an illegality that the Supreme Court can cure itself of without violating Articles 2 and 3 of the Constitution.
At the time of the Supreme Court’s reconstitution, the Jubilee administration was already on notice as they were facing a court challenge for violation of the Gender Principle in the constitution of the cabinet. During the recruitment and selection process, women’s rights advocates and institutions like the National Gender and Equality Commission (NGEC) urged the Jubilee administration and male applicants to the Supreme Court to comply with the Constitution, but as is usual on matters of law that relate to women’s inclusion, their calls were ignored. The first major post-election crisis, therefore, is that the Supreme Court is operating outside the Constitution. Technically and constitutionally, this means that either party can legally disregard whatever decision the illegally constituted Supreme Court reaches. It also means that as a nation we are increasingly operating outside of the law.
The lack of sincere reflection on this fundamental violation also has the effect of questioning women’s citizenship by silencing women and by affirming that women’s illegal exclusion from positions of leadership is acceptable and that their rights are a secondary priority. This is the precise attitude that got us into this mess in the first place.
Acceptance of an illegally constituted court requires that we ignore the violation of the Constitution by the government, because as some will argue, this “minor” illegality merely relates to gender. The lack of sincere reflection on this fundamental violation also has the effect of questioning women’s citizenship by silencing women and by affirming that women’s illegal exclusion from positions of leadership is acceptable and that their rights are a secondary priority. This is the precise attitude that got us into this mess in the first place. Article 27(3) provides for the equality of men and women, and Article 27(8) was designed to provide no escape from the inclusion of women at a minimum level. Almost a decade after the promulgation of the Constitution, what excuse is there for the blatant violation of Article 27(8)? Who benefits from these systematic violations?
The second post-election crisis is upon us this week with the swearing in of the 12th Parliament scheduled for August 22nd 2017. Based on data from the Independent Electoral and Boundaries Commission (IEBC), Parliament’s membership falls short of the legal requirements of the Constitution in Articles 27(8) and 81(b), as more than two-thirds of the Members of Parliament (MP) are male. This situation was not unexpected. In Advisory Opinion 2 of 2012, the Supreme Court ordered that Parliament must enact a law to implement article 81(b) on the Gender Principle by August 27, 2015. Despite the Supreme Court decision and at least two other High Court decisions in 2015 and 2017, the 11th Parliament, on three separate occasions, failed to pass a law implementing Article 81(b), which states that “not more than two-thirds of the members of elective public bodies shall be of the same gender”. Again, business and religious leaders were silent, as were most politicians. The international community expressed their dissatisfaction with these repeated violations of the Kenyan Constitution to exclude women by having António Guterres, the then newly elected Secretary-General of the United Nations, celebrate the International Women’s Day in Kenya.
In Advisory Opinion 2 of 2012, the Supreme Court ordered that Parliament must enact a law to implement article 81(b) on the Gender Principle by August 27, 2015. Despite the Supreme Court decision and at least two other High Court decisions in 2015 and 2017, the 11th Parliament, on three separate occasions, failed to pass a law implementing Article 81(b), which states that “not more than two-thirds of the members of elective public bodies shall be of the same gender”.
On March 29th 2017, in a case brought by the Centre for Education Rights and Awareness (CREAW) and CRAWN Trust, the High Court issued a judgement that gave Parliament 60 days to enact a law on Article 81(b), failing which any person could petition the Chief Justice, and pursuant to Article 261(7), “the Chief Justice shall advise the President to dissolve Parliament and the President shall dissolve Parliament.” Parliament did not comply. This means that Parliament and the Jubilee administration went into the 2017 general election fully cognisant of the risk of dissolution of a newly elected 12th Parliament. By August 18th at least two separate cases have been filed challenging the validity and constitutionality of the 12th Parliament; the first by CREAW and CRAWN Trust and the second by the International Federation of Women Lawyers (FIDA).
The cavalier disregard for constitutional principles and judicial decisions by Parliament must concern all Kenyans, because it attempts to restructure our system of governance by destroying the principle of equality of the three branches of government, negating the principle of separation of powers and exempting the executive and legislature from compliance with the Constitution and judicial decisions.
Kenyans must demand higher standards regarding fidelity to the law from the elected leadership, as well as from the business, religious, human rights and international community who claim to speak for law and peace. We went into one of the most expensive elections in history with the seeds of at least two post-election crises that could have been averted with appropriate action by the government. Additionally, in both cases, the same leadership class was silent about the violations of the law and the risks these violations posed to Kenya.
Whether from ignorance, ineptitude or misogyny, the silence and complicity of these groups means that they lack the moral credibility to offer non-partisan leadership to Kenyans. The current administration’s de facto policy of violating the Gender Principle, and the acquiescent brand of leadership practised by the business and religious community, are largely to blame for our current situation.
Whether from ignorance, ineptitude or misogyny, the silence and complicity of these groups means that they lack the moral credibility to offer non-partisan leadership to Kenyans. The current administration’s de facto policy of violating the Gender Principle, and the acquiescent brand of leadership practised by the business and religious community, are largely to blame for our current situation.
What can we learn from these crises? First, that a crisis starts small but its grows from minimising, silencing and dismissing dissent much like we are doing now; second, that the Constitution will be undermined from unequal application of the law especially on unpopular provisions, such as the Gender Principle; and finally, we aren’t out of the woods yet and will not be if, as citizens and leaders, we do not demand greater fidelity to the Constitution and to the law.
We are at a crossroads as a nation. This is about significantly more than the presidential election; it is about whether we, especially the government, will accept to be governed and guided by the Constitution of Kenya 2010 or whether we want to precipitate further political instability by breaking the legal and moral compact we agreed to as a nation on August 27, 2010.
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Politics
Being Black in Argentina
What does Javier Milei’s presidential victory mean for Argentina’s black and indigenous minorities?

On November 19, Javier Milei secured the presidency of the Republic of Argentina with 56% of the vote. However, his victory is expected to significantly impact a specific segment of the country.
During my six-month exchange in Argentina’s Venado Tuerto (pop. 75,000) in 2016, I encountered someone of shared Black ethnicity on the street only once. A person whom many locals incidentally mistook for me—along with a Cuban Black girl, the only black person like me in the whole high school. As insignificant as a census of this small city’s population may seem, it effectively illustrates a sobering reality: the presence of Black people in Argentina is sparse, and their numbers have dwindled over time.
“Hay más por otros lados, acá no llegaron” (There are more of them elsewhere, they have not arrived here) is a rhetoric prevalent among many Argentines, but the reality is quite dissimilar. Contacts between Argentina and Black people, particularly of African descent, date back to the 16th century transatlantic slave trade, when West and Central Africa people were brought by Spanish and Portuguese settlers to the coastal city of Buenos Aires, only to be sold and moved mostly within the Río de la Plata, present-day Argentina and Uruguay. In “Hiding in Plain Sight, Black Women, the Law, and the Making of a White Argentine Republic,” Erika Denise Edwards reports that between 1587 and 1640 approximately 45,000 African slaves disembarked in Buenos Aires. By the end of the 18th century, one-third of Argentina’s population was Black.
What, then, became of the Black African population in Argentina? Some attribute their decline to historical factors such as their active involvement in conflicts including the War of Independence against Spanish colonists (1810-1819) and the war with Paraguay (1865-1870), in which Black men often found themselves on the front lines, enduring the brunt of the attacks, or even choosing to desert and flee the country. These factors intersect with a gradual process of miscegenation and interracial mixing, leading to a progressive whitening of the population—both in terms of physical attributes and ideology.
Adding to this complex mix, political rhetoric comes into play. Influential Argentine leaders, such as Domingo Faustino Sarmiento in the 19th century, idealized white Europe not only as a model for overcoming the country’s socio-economic challenges but also as a narrative that implied the absence of Black people in Argentina, thereby erasing an integral part of the nation’s history.
Doing so has shrewdly allowed a country to avoid reckoning with its past of slavery and navigate the complexities of its presence, using the escamotage that there are no race-related issues in the country because there are no Black people. This assertion is incorrect for several reasons beyond those mentioned above. First, despite being imperceptible to the naked eye, there is a small but existing population of Afro-descendants in Argentina. Nevertheless, in my second stay in Argentina, this time in Buenos Aires, it became more apparent to me how a certain nationalistic current, in the footsteps of Sarmiento, proudly makes itself of this consistent lack of Black heritage. Comparing itself favorably to neighboring countries, this current boasts a notion of white supremacy in Argentina, which celebrates the Italian immigration from the 19th and 20th centuries as the foundation of national identity, while largely overlooking the historical legacy of African bodies that predates it.
As a result, even in a cosmopolitan capital city such as Buenos Aires, a significant portion of the white Argentine population based its identity on my opposite—not knowing that as an Afro-Italian, my Italian citizenship actually made them closer to my blackness and African roots than they wanted. Asserting that there are no racial concerns in Argentina is misleading. It amounts to the invisibilization of racial discrimination in a country where those who deviate from the preferred prototype, including Indigenous communities such as Mapuche, Quechua, Wichi, and Guarani, experience limited access to education and social services, and are disproportionately prone to experience poverty than their white counterparts.
Even within everyday discourse in Argentina, the assertion is refuted: many are labeled Black despite not matching the physical appearance associated with the term. The expression “es un negro” might refer to everyone who has darker skin tones, grouping them into a specific social category. However, beyond a mere description of physical attributes, “es un negro” delineates a person situated at various margins and lower rungs of society, whether for economic or social reasons. The appellation is also ordinarily used in jest as a nickname for a person who, of “black phenotype,” has nothing. The label “morocho” seems to be the most appropriate appellation for dark-skinned people in the country.
Argentine white supremacist identity is often matched by a certain right-wing political ideology that is classist, macho and, to make no bones about it, xenophobic. In the 2023 elections, such a systemic structure takes on the face of Javier Milei. The Argentine’s Donald Trump claimed in 2022 at the presentation of his book that he did not want to apologize for “being a white, blonde [questionable element], blue-eyed man.” With false modesty, the demagogue took on the burden of what it means in the country to have his hallmarks: privilege, status, and power.
Milei’s need for apologies should not revolve around his connotations but rather the proposals presented during his election campaign and outlined in his political program, which include the dollarization of pesos and the removal of government subsidies. Besides assessing if these actions would really benefit the vulnerable economy of the country, it’s worth questioning why it’s the middle-class, often white population that stands to suffer the least from such policies. They can afford to transact in dollars, weather an initial depreciation of their income, and provide for their children’s education without relying on government subsidies. In essence, they can do without the limited benefits offered by the Argentine state, given their already privileged positions.
The election of this politician not only adversely affects Black minorities, but also targets apparent minorities whom this divisive ideology seeks to erase, including Indigenous populations and the poorest segment of society—the current Argentinian “blacks”—who significantly enrich the Argentine populace. In such a scenario, one can only hope that the world will strive for a more consistent record of their existence.
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This post is from a partnership between Africa Is a Country and The Elephant. We will be publishing a series of posts from their site every week.
Politics
Risks and Opportunities of Admitting Somalia Into the EAC
The process of integrating Somalia into the EAC should be undertaken with long-term success in mind rather than in the light of the situation currently prevailing in the country.

The East African Community (EAC), whose goal is to achieve economic and political federation, brings together three former British colonies – Kenya, Uganda, Tanzania – and newer members Rwanda, Burundi, South Sudan, and most recently the Democratic Republic of Congo.
Somalia first applied to join the EAC in 2012 but with fighting still ongoing on the outskirts of Mogadishu, joining the bloc was impossible at the time. Eleven years later, joining the bloc would consolidate the significant progress in governance and security and, therefore, Somalia should be admitted into the EAC without undue delay. This is for several reasons.
First, Somalia’s admission would be built on an existing foundation of goodwill that the current leadership of Somalia and EAC partner states have enjoyed in the recent past. It is on the basis of this friendship that EAC states continue to play host to Somali nationals who have been forced to leave their country due to the insecurity resulting from the prolonged conflict. In addition, not only does Somalia share a border with Kenya, but it also has strong historical, linguistic, economic and socio-cultural links with all the other EAC partner states in one way or another.
Dr Hassan Khannenje of the Horn Institute for Strategic Studies said: ”Somalia is a natural member of the EAC and should have been part of it long ago.”
A scrutiny of all the EAC member states will show that there is a thriving entrepreneurial Somali diaspora population in all their economies. If indeed the EAC is keen to realise its idea of the bloc being a people-centred community as opposed to being a club of elites, then a look at the spread of Somali diaspora investment in the region would be a start. With an immense entrepreneurial diaspora, Somalia’s admission will increase trading opportunities in the region.
Second, Somalia’s 3,000 km of coastline (the longest in Africa) will give the partner states access to the Indian Ocean corridor to the Gulf of Aden. The governments of the EAC partner states consider the Indian Ocean to be a key strategic and economic theatre for their regional economic interests. Therefore, a secure and stable Somali coastline is central to the region’s maritime trade opportunities.
Despite possessing such a vast maritime resource, the continued insecurity in Somalia has limited the benefits that could accrue from it. The problem of piracy is one example that shows that continued lawlessness along the Somali coast presents a huge risk for all the states that rely on it in the region.
The importance of the maritime domain and the Indian Ocean has seen Kenya and Somalia square it out at the International Court of Justice over a maritime border dispute.
Omar Mahmood of the International Crisis Group said that ”Somalia joining the EAC then might present an opportunity to discuss deeper cooperation frameworks within the bloc, including around the Kenya-Somalia maritime dispute. The environment was not as conducive to collaboration before, and perhaps it explains why the ICJ came in. Integrating into the EAC potentially offers an opportunity to de-escalate any remaining tensions and in turn, focus on developing mechanisms that can be beneficial for the region.”
Nasong’o Muliro, a foreign policy and security specialist in the region, said: “The East African states along the East African coast are looking for opportunities to play a greater role in the maritime security to the Gulf of Aden. Therefore, Somalia joining the EAC bloc will allow them to have a greater say.”
Third, Somalia’s membership of the Arab League means that there is a strong geopolitical interest from Gulf states like Saudi Arabia, Qatar and the United Arab Emirates. However, Somalia stands to gain more in the long-term by joining the EAC rather than being under the control of the Gulf states and, to a large extent, Turkey. This is because, historically, competing interests among the Gulf states have contributed to the further balkanisation of Somalia by some members supporting breakaway regions.
On the other hand, the EAC offers a safer option that will respect Somalia’s territorial integrity. Furthermore, EAC partner states have stood in solidarity with Somalia during the difficult times of the civil conflict, unlike the Gulf states. The majority of the troop-contributing countries for the African Union Mission to Somalia came from the EAC partner states of Uganda, Kenya and Burundi. Despite having a strategic interest in Somalia, none of the Gulf states contributed troops to the mission. Therefore, with the expected drawdown of the ATMIS force in Somalia, the burden could fall on the EAC to fill in the vacuum. Building on the experience of deploying in the Eastern Democratic Republic of Congo, it is highly likely that it could be called upon to do the same in Somalia when ATMIS exits by 2024.
The presence of the Al Shabaab group in Somalia is an albatross around its neck such that the country cannot be admitted into the EAC without factoring in the risks posed by the group.
According to a report by the International Crisis Group, the government of Somalia must move to consolidate these gains – especially in central Somalia – as it continues with its offensive in other regions. However, Somalia may not prevail over the Al Shabaab on its own; it may require a regional effort and perhaps this is the rationale some policymakers within the EAC have envisioned. If the EAC can offer assurances to Somalia’s fledgling security situation, then a collective security strategy from the bloc might be of significance.
Somalia’s admission comes with risks too. Kenya and Uganda have in the past experienced attacks perpetrated by Al Shabaab and, therefore, opening up their borders to Somalia is seen as a huge risk for these countries. The spillover effect of the group’s activities creates a lot of discomfort among EAC citizens, in particular those who believe that the region remains vulnerable to Al Shabaab attacks.
If the EAC can offer assurances to Somalia’s fledgling security situation, then a collective security strategy from the bloc might be of significance.
The EAC Treaty criteria under which a new member state may be admitted into the community include – but are not limited to – observance and practice of the principles of good governance, democracy and the rule of law. Critics believe that Somalia fulfils only one key requirement to be admitted to the bloc – sharing a border with an EAC partner state, namely, Kenya. On paper, it seems to be the least prepared when it comes to fulfilling the other requirements. The security situation remains fragile and the economy cannot support the annual payment obligations to the community.
According to the Fragility State Index, Somalia is ranked as one of the poorest among the 179 countries assessed. Among the key pending issues is the continued insecurity situation caused by decades of civil war and violent extremism. Furthermore, Human Rights Watch ranks Somalia low on human rights and justice – a breakdown of government institutions has rendered them ineffective in upholding the human rights of its citizens.
Somalia’s citizens have faced various forms of discrimination due to activities beyond their control back in their country. This has led to increasingly negative and suspicious attitudes towards Somalis and social media reactions to the possibility of Somalia joining the EAC have seen a spike in hostility towards citizens of Somalia. The country’s admission into the bloc could be met with hostility from the citizens of other partner states.
Dr Nicodemus Minde, an academic on peace and security, agrees that indeed citizens’ perceptions and attitudes will shape their behaviour towards Somalia’s integration. He argues that ”the admission of Somalia is a rushed process because it does not address the continued suspicion and negative perception among the EAC citizens towards the Somali people. Many citizens cite the admission of fragile states like South Sudan and the Democratic Republic of Congo as a gateway of instability to an already unstable region”.
Indeed, the biggest challenge facing the EAC has been how to involve the citizens in their activities and agenda. To address this challenge, Dr Minde says that ’’the EAC needs to conduct a lot of sensitisation around the importance of integration because to a large extent many EAC citizens have no clue on what regional integration is all about”. The idea of the EAC being a people-centred organisation as envisioned in the Treaty has not been actualised. The integration process remains very elitist as it is the heads of state that determine and set the agenda.
The country’s admission into the bloc could be met with hostility from the citizens of other partner states.
Dr Khannenje offers a counter-narrative, arguing that public perception is not a major point of divergence since “as the economies integrate deeper, some of these issues will become easy to solve”. There are also those who believe that the reality within the EAC is that every member state has issues with one or the other partner state and, therefore, Somalia will be in perfect company.
A report by the Economic Policy Research Centre outlines the various avenues through which both the EAC and Somalia can benefit from the integration process and observes that there is therefore a need to fast-track the process because the benefits far outweigh the risks.
EAC integration is built around the spirit of good neighbourliness. It is against this backdrop that President Hassan Sheikh Mohamud has extended the goodwill to join the EAC and therefore, it should not be vilified and condemned, but rather embraced. As Onyango Obbo has observed, Somalia is not joining the EAC – Somalia is already part of the EAC and does not need any formal welcoming.
Many critics have argued that the EAC has not learnt from the previous rush to admit conflict-plagued South Sudan and the DRC. However, the reality is that Somalia will not be in conflict forever; at some point, there will be tranquillity and peace. Furthermore, a keen look at the history of the EAC member states shows that a number of them have experienced cycles of conflict in the past.
Somalia is, therefore, not unique. Internal contradictions and conflict are some of the key features that Somalia shares with most of the EAC member states. The process of integrating Somalia into the EAC should, therefore, be undertaken with long-term success in mind rather than in the light of the situation currently prevailing in the country.
Politics
The Repression of Palestine Solidarity in Kenya
Kenya is one of Israel’s closest allies in Africa. But the Ruto-led government isn’t alone in silencing pro-Palestinian speech.

Israel has been committing genocide against the people of Occupied Palestine for 75 years and this has intensified over the last 30 days with the merciless carpet bombing of Gaza, along with raids and state-sanctioned settler violence in the West Bank. In the last month of this intensified genocide, the Kenyan government has pledged its solidarity to Israel, even as the African Union released a statement in support of Palestinian liberation. While peaceful marches have been successfully held in Kisumu and Mombasa, in Nairobi, Palestine solidarity organizers were forced to cancel a peaceful march that was to be held at the US Embassy on October 22. Police threatened that if they saw groups of more than two people outside the Embassy, they would arrest them. The march was moved to a private compound, Cheche Bookshop, where police still illegally arrested three people, one for draping the Palestinian flag around his shoulders. Signs held by children were snatched by these same officers.
When Boniface Mwangi took to Twitter denouncing the arrest, the response by Kenyans spoke of the success of years of propaganda by Israel through Kenyan churches. To the Kenyan populous, Palestine and Palestinians are synonymous with terrorism and Israel’s occupation of Palestine is its right. However, this Islamophobia and xenophobia from Kenyans did not spring from the eternal waters of nowhere. They are part of the larger US/Israel sponsored and greedy politician-backed campaign to ensure Kenyans do not start connecting the dots on Israel’s occupation of Palestine with the extra-judicial killings by Kenyan police, the current occupation of indigenous people’s land by the British, the cost-of-living crisis and the IMF debts citizens are paying to fund politician’s lavish lifestyles.
Kenya’s repression of Palestine organizing reflects Kenya’s long-standing allyship with Israel. The Kenyan Government has been one of Israel’s A-star pupils of repression and is considered to be Israel’s “gateway” to Africa. Kenya has received military funding and training from Israel since the 60s, and our illegal military occupation of Somalia has been funded and fueled by Israel along with Britain and the US. Repression, like violence, is not one dimensional; repression does not just destabilize and scatter organizers, it aims to break the spirit and replace it instead with apathy, or worse, a deep-seated belief in the rightness of oppression. In Israel’s architecture of oppression through repression, the Apartheid state has created agents of repression across many facets of Kenyan life, enacting propaganda, violence, race, and religion as tools of repression of Palestine solidarity organizing.
When I meet with Naomi Barasa, the Chair of the Kenya Palestine Solidarity Movement, she begins by placing Kenya’s repression of Palestine solidarity organizing in the context of Kenya as a capitalist state. “Imperialism is surrounded and buffered by capitalistic interest,” she states, then lists on her fingers the economic connections Israel has created with Kenya in the name of “technical cooperation.” These are in agriculture, security, business, and health; the list is alarming. It reminds me of my first memory of Israel (after the nonsense of the promised land that is)—about how Israel was a leader in agricultural and irrigation technologies. A dessert that flowed with milk and honey.
Here we see how propaganda represses, even before the idea of descent is born: Kenyans born in the 1990s grew up with an image of a benign, prosperous, and generous Christian Israel that just so happened to be unfortunate enough to be surrounded by Muslim states. Israel’s PR machine has spent 60 years convincing Kenyan Christians of the legitimacy of the nation-state of Israel, drawing false equivalences between Christianity and Zionism. This Janus-faced ideology was expounded upon by Israel’s ambassador to Kenya, Michel Lotem, when he said “Religiously, Kenyans are attached to Israel … Israel is the holy land and they feel close to Israel.” The cog dizzy of it all is that Kenyan Christians, fresh from colonialism, are now Africa’s foremost supporters of colonialism and Apartheid in Israel. Never mind the irony that in 1902, Kenya was the first territory the British floated as a potential site for the resettlement of Jewish people fleeing the pogroms in Europe. This fact has retreated from public memory and public knowledge. Today, churches in Kenya facilitate pilgrimages to the holy land and wield Islamophobia as a weapon against any Christian who questions the inhumanity of Israel’s 75-year Occupation and ongoing genocide.
Another instrument of repression of pro-Palestine organizing in Kenya is the pressure put on Western government-funded event spaces to decline hosting pro-Palestine events. Zahid Rajan, a cultural practitioner and organizer, tells me of his experiences trying to find spaces to host events dedicated to educating Kenyans on the Palestinian liberation struggle. He recalls the first event he organized at Alliance Français, Nairobi in 2011. Alliance Français is one of Nairobi’s cultural hubs and regularly hosts art and cultural events at the space. When Zahid first approached Alliance to host a film festival for Palestinian films, they told him that they could not host this event as they already had (to this day) an Israeli film week. Eventually, they agreed to host the event with many restrictions on what could be discussed and showcased. Unsurprisingly they refused to host the event again. The Goethe Institute, another cultural hub in Kenya that offers its large hall for free for cultural events, has refused to host the Palestinian film festival or any other pro-Palestine event. Both Alliance and Goethe are funded by their parent countries, France and Germany respectively (which both have pro-Israel governments). There are other spaces and businesses that Zahid has reached out to host pro-Palestine education events that have, in the end, backtracked on their agreement to do so. Here, we see the evolution of state-sponsored repression to the private sphere—a public-private partnership on repression, if you will.
Kenya’s members of parliament took to heckling and mocking as a tool of repression when MP Farah Maalim wore an “Arafat” to Parliament on October 25. The Speaker asked him to take it off stating that it depicted “the colors of a particular country.” When Maalim stood to speak he asked: “Tell me which republic,” and an MP in the background could be heard shouting “Hamas” and heckling Maalim, such that he was unable to speak on the current genocide in Gaza. This event, seen in the context of Ambassador Michael Lotem’s charm offensive at the county and constituency level, is chilling. His most recent documented visit was to the MP of Kiharu, Ndindi Nyoro, on November 2. The Israeli propaganda machine has understood the importance of County Governors and MPs in consolidating power in Kenya.
Yet, in the face of this repression, we have seen what Naomi Barasa describes as “many pockets of ad hoc solidarity,” as well as organized solidarity with the Palestinian cause. We have seen Muslim communities gather for many years to march for Palestine, we have seen student movements such as the Nairobi University Student Caucus release statements for Palestine, and we have seen social justice centers such as Mathare Social Justice Centre host education and screening events on Palestinian liberation. Even as state repression of Palestine solidarity organizing has intensified in line with the deepening of state relations with Apartheid Israel, more Kenyans are beginning to connect the dots and see the reality that, as Mandela told us all those years ago, “our freedom is incomplete without the freedom of Palestinians.”
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This post is from a partnership between Africa Is a Country and The Elephant. We will be publishing a series of posts from their site every week.
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