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KENYA ON TRIAL: Truth, Justice and the Supreme Court

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Waiting to exhale

Confronted on his excesses, abuses and disregard of rights of the people of France, Louis XVI responded, “L etat c’est moi”, “I am the State”. That was in 1715. Louis was tried by the people and executed. Four centuries later, Zaire’s Mobutu Seseko repeated Louis’ “royal liturgy” to a French journalist. Mobutu went further; he pronounced himself God. Mobutu fled and died in exile.

Entitlement is a malaise that afflicts absolute rulers. It thrives where law is what the ruler decrees it is; not the people, through their Courts. Where the peoples’ sovereign franchise prevails, and truth, justice and the rule of law governs the affairs of man, there is tranquility.

World attention today focuses on the Supreme Court of Kenya. The Court will, for the second time in a row, hear and rule on whether President Uhuru Kenyatta was validly elected for a second term. Just as in 2013, the suitor is former Prime Minister Raila Amolo Odinga. Raila says he has “given the Court a second chance to redeem itself.”

On 13th August, Raila protested the declaration of Uhuru as winner, accusing the Independent Electoral and Boundaries Commission (IEBC) of subverting the will of the people, not once, but for the third consecutive time and substituting it with the dictate of a minority ruling elite.

Having initially vowed not to contest it in Court, but rather through other means, he claims that a crackdown on human rights organizations expected to do that necessitated the change of tact.

What is Raila’s case? How did Kenya end up here? Is there cause for concern or alarm on the Court? Will the Court decide otherwise than before and with what consequences?

Case summary

The petition claims that “the Presidential Election was so badly conducted and marred with irregularities that it does not matter who won or was declared as the winner of the Presidential Election…Instead of giving effect to the sovereign will of the Kenyan people, the IEBC delivered preconceived and predetermined computer generated leaders.”

The IEBC is accused of interfering with the Kenya Integrated Elections Management System (KIEMS) and unilaterally disbanding the Elections Technology Advisory Committee (ETAC).

Whereas people voted, the IEBC did not count and tally the results. It adopted Joseph Stalin’s principle, “It is enough that the people know there was an election. The people who cast the votes decide nothing. The people who count the votes decide everything.”

Evidence in support of the case is contained in a voluminous record of over 25,000 pages. The evidence supports 12 main issues.

The IEBC is accused of interfering with the Kenya Integrated Elections Management System (KIEMS) and unilaterally disbanding the Elections Technology Advisory Committee (ETAC).

KIEMS is a single unit electronic platform. It was intended to ensure that voters are biometrically identified, and polling results transmitted and declared in a simple, accurate, verifiable, secure, accountable and transparent manner. These tenets of a free and fair election are anchored in the Constitution and the 2017 amendments to the Elections Act.

It is alleged that the IEBC had, through a proxy, sought to declare unconstitutional the law that requires biometric voter identification and electronic transmission of results from polling stations to the Constituency Tallying Center and the National Tallying Center. The case was filed by a third party against the IEBC but through a lawyer who is on the advisory panel of the IEBC.

Though not determined at the time of the elections, Raila believes that the case was filed with the connivance of the IEBC to sabotage the integrated, electronic electoral management system. He claims that the manipulation of the system resulted in a permanent pre-set 11% margin between him and Uhuru. It is Raila’s position that the outcome of the case would, as did the manipulation of the system, countermand the requirement for finality of results declared at 290 Constituencies established under the Constitution.

The finality of Constituency results was affirmed by the Court of Appeal. It would remove the risk of rigging at the National Tallying Center as recommended by Judge Johann Kriegler in his report following the disputed 2007 elections.

The ETAC’s function was to advise on adoption and implementation of election technology. It entailed the participation of stakeholders, in this case, candidates and political parties in the elections. In a Judgement made on 15th June, 2017, the High Court held that the requirement for a professional audit of the voter register 6 months before the election was overtaken by events. The Court further declared unconstitutional, the law establishing ETAC.

It is Raila’s complaint that being a stakeholder he ought to have been notified of the proceedings leading to the disbandment of the ETAC and that the IEBC intentionally failed to defend the case properly. As a result, the disbandment compromised the transparency of IEBC’s preparation for the elections. The IEBC then monopolized the management of the electronic voter system to the exclusion of other players. This, it is claimed, enabled manipulation in the transmission of results that could not be independently verified.

The IEBC is also accused of intentionally supplementing its server on a private cloud. The decision was made contrary to advice from the Communications Authority of Kenya. KIEMS became vulnerable to intrusion and manipulation.

Raila claims that 2 days to the elections, the IEBC designated 11,000 polling stations outside 3-4 G network coverage. There was not sufficient notice or time for Raila to appoint his agents in those stations. Results from those stations account for over 7.7 million votes and cannot be verified in the manner prescribed by law and intended by KIEMS.

The IEBC is also accused of intentionally supplementing its server on a private cloud. The decision was made contrary to advice from the Communications Authority of Kenya. KIEMS became vulnerable to intrusion and manipulation. The murder of IEBC’s ICT Manager Chris Msando a few days to the election is claimed to have been planned. His password or information obtained from him were used to infiltrate KIEMS, create and relay computer generated results.

Uhuru is accused of unduly influencing and inducing voters with 2007/2008 post-election reparation payments, hurriedly launched projects and advertisement of his administration’s achievements. He is said to have intimidated voters in his campaigns with military deployments and outright threats on public servants. A widely publicized incident in Makueni where Chiefs were threatened is cited. Uhuru is alleged to have used state resources and State Officers, in particular Cabinet Secretaries, to actively solicit for votes contrary to law.

Raila’s agents are also said to have been ejected from polling stations in Central Kenya and Rift Valley. It is claimed that they were replaced by those procured by Uhuru’s Jubilee Party. Massive manipulation of results is claimed to have ensued as a result.

KIEMS was designed to transmit results from polling stations to the Constituency and the National Tallying Centers simultaneously with electronic images of Forms 34As. It would also enable electronic transmission of final results from the Constituency level to the National Tallying Center. Form 34A is the official declaration at the polling stations whilst Form 34B is for the Constituency declaration.

However, provisional results are alleged to have been transmitted from polling stations to the National Tallying Center, bypassing the Constituency Tallying Centers. The results were not accompanied by Forms 34A and 34B. The results were said to be provisional, again, in disregard of the Court of Appeal decision. 10,000 stations with 5 million votes were affected. The complaint by Raila is that this was a precursor to the rigging of the election in favour of Uhuru.

Further, the petition claims that scrutiny of spoilt and rejected votes would reveal that nearly 400,000 votes were deducted from Raila and added to Uhuru. It is alleged that the manipulation and doctoring of Forms 34A and 34B means another 7 million votes cannot be authenticated.

Raila states that the declaration of a winner was made prematurely in the absence of 11,883 supporting Forms 34A and 187 Forms 34B. 3.5 million votes are affected. He also wants the Supreme Court to go against the precedent it set in 2013 and have rejected votes, this time numbering 477,196 or 2.6% of votes cast, considered when ascertaining whether the Constitutional threshold of 50% plus 1 has been crossed.

The great trek

Kenya gained internal self-rule and political independence from the then British Empire 5 decades ago. The Union Jack quickly came down. The Kenyan flag was hoisted. Jomo Kenyatta was appointed Prime Minister by the colonial Governor-General and one year later declared President by parliament. The Lancaster Constitution did not provide a term limit for the Presidency. The leader of the dominant political party was appointed President by acclamation in periodic parliamentary elections, whose occurrence he controlled. Kenyatta being the leader of the Kenya National African National Union (KANU) party would rule for life, for 15 years. Kenyatta was succeeded by Daniel Arap Moi. Moi ruled for 24 years; 14 for life and 10 on a 5 year term.

In 2013, Raila challenged the election of Uhuru. The Supreme Court jettisoned all evidence before it. It then proceeded to dismiss the Petition, in reliance upon decisions from Nigeria, Gabon and Uganda.

The British had an elaborate law for periodic election of their Prime Minister back at home. They saw no need for the same in Kenya, or any of their former colonies which did not have established political systems in place. With the exception of India, which embraced democratic rule at inception, former British colonies suffered absolute leadership until after the collapse of the Soviet Union and the second liberation in the 1990s.

In the intervening period, a change in government in the Commonwealth was effected in two ways only; a coup or the natural or unnatural death of the President. Determinations by Courts on the legitimacy of the regimes were unheard of.

In Uganda, Judges declared unconstitutional the government of Idi Amin upon the overthrow of Milton Obote. They were killed on the same day. Whitehall often supported similar governments in the entire Commonwealth. Without periodic elections, there was no precedent for a Presidential Election Petition.

The clamor for change saw to the re-introduction of multi-party politics in 1992. Moi won the Presidential Election despite a determined opposition wave. A Petition by Kenneth Matiba was dismissed by the High Court and Court of Appeal without a hearing. The requirement for personal service upon Moi and signature of the Petition by Matiba, who could not because he was ill, were technical considerations relied upon by the Courts. A petition by Mwai Kibaki upon Moi’s re-election in 1997 suffered the same fate. The Courts had no semblance of independence. The President controlled the Courts. A Petition against his election was doomed to fail.

The 2003 election of Kibaki was not challenged in Court; it was not even disputed. Kibaki had defeated Uhuru with a landslide victory. Uhuru had largely been viewed as Moi’s project. The people had resolved to overrule Moi’s prophesy that the independence party, KANU, would rule Kenya for 100 years.

Kibaki’s re-election in 2007 was highly disputed. It is widely believed to have been stolen from Raila. Raila did not go to the Courts as they were controlled by the President. The post-election violence that ensued resulted in the unhappy marriage between Kibaki and Raila. One outstanding achievement of the Grand Coalition Government was the promulgation of the 2010 Constitution. An elaborate process for the period election of the President and determination of a dispute arising from the election was put in place. The Supreme Court was created specifically for this function, with a minimum of 5 and maximum of 7 Judges as quorum.

In the aftermath, radical changes in the Judiciary sent packing Court of Appeal Judges who presided over the Petitions by Matiba and Kibaki. This was a pointer to the Supreme Court that the issue of election of the President was not that simplistic and legalistic. It is one that must be considered on the wider public interest, to uphold the popular will of the people and the Constitution.

In 2013, Raila challenged the election of Uhuru. The Supreme Court jettisoned all evidence before it. It then proceeded to dismiss the Petition, in reliance upon decisions from Nigeria, Gabon and Uganda. These countries, unlike Kenya, had experienced the full brunt of authoritarian military rule. Their Courts could not be objective. In fact, this was the first time a Kenyan Court took refuge in decisions from such countries.

The 2013 decision set an unreasonably high standard and burden of proof. It was not different from Matiba and Kibaki earlier decisions. The legal fraternity in Kenya and worldwide has condemned, trashed and shelved it as bad law. The Supreme Court could be forgiven for arriving at the decision since the Constitution was nascent and barely 2 years old. The Court itself was only a year old. Though composed of highly learned minds, three of the Judges, including the President of the Court, were in their novitiate, having been appointed from outside of the Judiciary and with limited or no courtroom experience at all. This was their first election petition they were handling and were confounded by the magnitude of the exercise and perhaps scared of the consequences of their decision. They may have played safe and sacrificed truth, justice and the law.

This was their first election petition they were handling and were confounded by the magnitude of the exercise and perhaps scared of the consequences of their decision. They may have played safe and sacrificed truth, justice and the law.

The Supreme Court’s image has since then been dented by credibility concerns. Unconcluded investigations for bribery involving one of the Supreme Court Judges demonstrated that the Court was susceptible to manipulation and compromise. It does not better the case when two Senior Counsel who accused the Judge, as well as an Advocate who was alleged to have conveyed the bribe as well as the Judge’s Advocate, a senior counsel, will act together for some of the parties in the current Petition.

That thwarted attempts by President Kenyatta to have a final say in the appointment of the Chief Justice, who is the President of the Court, publicly played out during the retirement case for two of its Judges, both matters again involving the three Senior Counsel cannot be overlooked. In his election campaigns in Kisii, Uhuru recently stated that he had appointed their son the Chief Justice. The Judicial Service Commission quickly refuted this claim and reiterated its independence from the Presidency. It was too little too late. The damage had already been done and aspersions cast. There is therefore, profound merit in Raila’s call for redemption.

Collective success or failure of the Court

The 2017 Petition will be decided in a polarized setting. Both parties are on record, attacking the judiciary whenever a decision goes against them. Several Judges of the High Court and Court of Appeal recused themselves from pre-election cases. They did so out of fear or to escape the badge of bias.

A bench to hear the case by Raila’s coalition, seeking that the election be conducted solely on an electronic basis, the IEBC having failed to make regulations for a manual back was constituted of Judges outside the Constitutional Division of the High Court. The Presiding Judge, Odunga had been accused by Jubilee Party of being compromised to rule in favour of the opposition. The Judge and his other two colleagues in the Division would not feature in subsequent benches set up by the Chief Justice. At the Court of Appeal, three Judges recused themselves on account of their handling of previous electoral cases, real or perceived relations with some of the Advocates or the parties. The outcome is the same. It is an indicator that Courts could still be subject to accusations of manipulation from litigants.

The Supreme Court suffers a numerical disadvantage. It has 7 Judges, all of whom may sit, going by the precedent of 2013. Whereas 5 Judges constitute quorum, it is unlikely that the earlier precedent will be departed from. None can be recused on account of bias, compromise, relations or affiliations with the parties or their advocates. It is, however, troubling that most of these Judges share Advocates with the parties appearing in the petition. It is very untidy. Suspicions of possible bias and compromise cannot be dismissed. This calls for extra caution and vigilance.

There is a popular view that the Judges should declare their interests if any and possible conflict. The Judges should write their individual decisions. Indeed, that is the practice in the Commonwealth. It was the practice adopted by the Court of Appeal until recently, when it appears to have been abandoned. The only way to ensure judicial fidelity and interrogate judges’ Jurisprudential Quotient, is to test their individual decision-making abilities. They should not hide in the cocoon of collective success or failure. This conduct amounts to judicial laziness.

Repeat performance or improvement?

Approval and dismissal of merits of the petition is as varied as is the public support for Raila and Uhuru. Raila’s side perceive a strong case, better than the first one. Uhuru’s team consider the case much weaker. Viewed objectively, it is a case of desire for justice on the part of Raila and one of a sure win on the part of Uhuru. This is likely to play out in Court.

The 2017 Petition will be decided in a polarized setting. Both parties are on record, attacking the judiciary whenever a decision goes against them.

The only difference between a Presidential Election Petition and a National Assembly Election Petition is the volume. A Presidential Election is held in all 290 Constituencies. Intriguingly, the Petition must be heard and determined in 14 days. The other Petitions are heard and determined within 6 months.

The Supreme Court does not have the luxury of the High Court. It cannot recount, scrutinize and audit results from all 290 Constituencies. A decision must be based on pillars of “a free and a fair election”. International and national public policy must play a role also. The Supreme Court is empowered to depart from its previous decisions depending on the circumstances of the case or change in public policy. It is a delicate balance, but one that can be attained with a National Assembly Election Petition as a simulator.

Interference with KIEMS to transmit and project provisional results or to generate results contravened the Constitution. Such action would have gone against the decision of the Court of Appeal, in respect to the finality of results declared at the Constituency Tally Center. Publication of achievements, use of state resources and threats by a party to an election are election offences. Some of the State Officers are being investigated for possible prosecution. Uhuru’s election could be nullified on account of the election offences by his administration.

Massive inconsistencies and discrepancies of results in Forms 34A and 34B and in the IEBC portal could be indicative of manipulation towards a flawed electoral process. The 5 to 7 million votes claimed to have been affected is such a huge number that cannot be ignored. This limb of the case may be very strong on the fidelity of the electoral process. The demanded forensic examination of IEBC’s server and portal would establish whether there is a case. It remains to be seen how the Court will undertake a detailed examination of evidence within 14 days and order scrutiny and recount of votes to verify the numbers. If it does, the truth or falsity of Raila’s claim will unfold. The hasty announcement of the winner without the benefit of Forms 34B and before the completion of the tally, affecting over 3.5 million votes is a grave violation. The case seems to be strong on this limb.

The Supreme Court is not handicapped on precedent in the decision to be made. Resort to decisions from other countries alone is unnecessary. There are many locally decided cases that may be of guidance to the Court. Being a Court of law as well as public policy, numerous cases, not necessarily in respect to Presidential Election Petitions are available internationally and locally.

For example, the election of the Member of Parliament for Juja Constituency was challenged in the disputed 2007 General Election. The declared winner was the Chief Government whip for Kibaki’s wing in the Grand Coalition Government. Malpractices in the election mirrored those leveled against the election of Kibaki. The then Electoral Commission of Kenya was accused of subverting the popular will of the people and replacing it with a pre-determined choice of the ruling elite. The inconsistencies and manipulation of the declaration of results was so monumental that the election could not be sanitized by either a scrutiny or recount of the votes. The entire process was flawed. The election was therefore annulled.

The High Court pronounced itself thus; “One may ask why courts should hold an electoral body to a high standard in the performance of its duties. I think if there is any statutory body whose actions should be considered to be above the board and which should perform its duties to the required standard of integrity and probity, it should be the electoral commission. The electoral commission has a duty to inculcate and imbue confidence in the electorate that its process is transparent, free and fair.” Raila’s claim of manipulation of the entire electoral process would be based on principles set out in this decision. If the process is flawed, numbers or margin of difference between two candidates does not matter. The election may be invalidated without the need for scrutiny or recount of the votes.

 Of the election petitions subsequent to the 2013 elections that of Mathare Constituency attained distinction, in electoral law. The winner was from Raila’s Orange Democratic Movement. The loser, from Uhuru’s The National Alliance had been awarded the certificate. The High Court dismissed the petition. It held that results declared at the Constituency are not final and may be altered by the Chairman of the IEBC.

When called upon to review the issue, the Court of Appeal affirmed the finality of the declaration at the Constituency as the will of the people. The Court of Appeal held that it could not declare the claimant winner and directed that fresh election be held.

The dispute found its way to the Supreme Court. The decision by the Court came fast, crisp and sharp; “Apart from the priority attaching to the political and constitutional scheme for the election of representatives in governance agencies, the weight of the people’s franchise-interest is far too substantial to permit one official, or a couple of them, including the Returning Officer, unilaterally to undo the voters’ verdict, without having the matter resolved according to law, by the judicial organ of State.” The case supports Raila’s plea on finality of results declared at the Constituency level and fidelity of the process attendant to the declaration. It also buttresses the position in law that the IEBC cannot subvert the popular will of the people and replace it with that of a ruling elite.

That the petitioners in the two cases referred to won the by-elections that followed goes a long way to demonstrate how the electoral process can be subverted to defeat justice.

The complaint of use of State Officers and resources for campaign is one that Uhuru will be hard put to defend. It is well documented and publicly known. There is evidence in the Petition that the entire Government machinery from top bottom was deployed to campaign for Uhuru with threats to those perceived to rally behind the opposition. These events were concentrated within the campaign period and cannot be said to have been part and parcel of normal Government administrative duties.

The Public Officer Ethics Act and the Election Offences Act prohibit State Officers from engaging in politics, yet these Officers actively campaigned for Uhuru and defended their actions as part of Government business. Prohibited also is the advertisement of achievements for political gain. Raila has a strong case on this ground, supported by precedent.

The election of Moses Wetang’ula as Senator for Bungoma in 2013 was invalidated by the High Court. The decision was upheld by the Court of Appeal and the Supreme Court. The Courts found that the offences of bribery and voter treating had been proved and were sufficient to warrant the annulment of the election. In the words of the Supreme Court, “Moreover, we take judicial notice of the centrality of elections in the functioning of established governance bodies, as signaled by the Constitution in both general and specific terms. On that principle alone, a party found on fact to have befouled the electoral process, cannot maintain an argument that his or her offence may not be declared, save alongside that of other parties.” If Raila convinces the Court that Uhuru breached the law on the campaign trail, the Court could invalidate the election on the basis of this decision.

If Raila convinces the Court that Uhuru breached the law on the campaign trail, the Court could invalidate the election on the basis of this decision.

The case by Raila will have to be examined on the basis of these principles. If established, the Supreme Court would order a fresh election. The case could be dismissed if the evidence does not support the complaints before the Court.

The Austrian Court overturned results of election in which Alexander Van der Bellen narrowly beat far-right candidate Norbert Hofer for electoral malpractice. A South Korean court removed the President from office for abuse of office. The Brazilian senate impeached Brazilian President Dilma Rousseff for illegally manipulating government accounts. The Pakistan Supreme Court stripped the Prime Minister of his office, for corruption. Here in Kenya, former Deputy Chief Justice Nancy Baraza was removed from office for misbehaviour for merely pinching the nose of a security guard. The bar on integrity has been set high locally and internationally. The Court may be persuaded to use these out of court processes in arriving at a decision.

A majority of Kenyans feel that a minority ruling elite has since independence, acting through unlawful means, denied other regional and ethnic communities the legitimate opportunity to rule. That feeling may prevail, irrespective of whatever legally acceptable or meritorious outcome is to be made by the Court. It may be high time that a rotational presidency, on the basis of the 8 main regions or provinces Kenya was demarcated and administered from independence, is considered, if the law of winner takes it all will forever be used or abused.

The Supreme Court has many references for direction in determining whether the popular will of the people of Kenya was ousted. Its decision must be based, not only upon evidence and the law, but international and national public policy. “Good people do not need laws to tell them to act responsibly, while bad people will find a way around the laws”, said Plato. The Court must ensure that leaders act responsibly, without circumventing the law.

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Nelson Havi is a partner at Havi and Company Advocates

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A DARK TRUTH: The racist dynamic at the heart of Kenya’s conservation practices and policies

MORDECAI OGADA explains why black Africans are almost completely absent in the field of conservation in Kenya, which has been hijacked by whites and foreigners who pander to prejudices that have been cultivated by romantic or colonial notions about Africa and its wildlife.

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A DARK TRUTH: The racist dynamic at the heart of Kenya’s conservation practices and policies

The practice of conservation and the narrative around African wildlife is a kingdom, albeit without a single monarch. The monarchy and nobility consist of an eclectic mix of royalty, commoners, idlers, misfits, scientists, killers (who refer to themselves as “hunters”) across a very broad spectrum of backgrounds. We have youthful cowboys in their 20s, and we have octogenarians. There are also wealthy lords and scruffy backpackers. The one thread that links them is the fact that they are all white.

Their race is also what confers upon them a unity of purpose and mutual sympathy in lands where the indigenous majority are black. This kingdom is absolute and doesn’t tolerate dissent from its subjects. Those who serve the kingdom faithfully are rewarded with senior positions in the technical (not policy) arena and international awards and are showered with praise and backhanded compliments in descriptions like “being switched on”, “a good chap”, and best of all, “a reformed poacher”. This praise also manifests itself in the form of the Tusk Conservation Award, which is conferred annually by the Duke of Cambridge, HRH Prince William, on the local conservationist who best serves as an implementer or enforcer of the kingdom’s conservation goals.

Structured conservation practice in East Africa began largely when demobilised World War II soldiers started looking for a field where they could apply one of the few skills they had gained in the war (shooting) without harming people. The rise of the conservation officer or protector was actually preceded by the establishment of the first hunting reserves at the turn of the century a few decades earlier.

However, there was a new recognition that the resource was finite and needed to be preserved for the exclusive use of the colonial nobility that was necessarily defined by race; hence the need for enforcement. Exploitation of African wildlife by Western consumers began in the early 1900s with hunting safaris, which were basically tests of resilience and skill with the target of harvesting the biggest and largest number from this bounty under pretty harsh and rustic conditions. It was closely followed in the 1960s by the photographic safari and cinematography that cemented the romanticism of these adventures in the African wild. This led to a spurt in tourist interest, which no doubt pleased the foreign exchange-hungry newly independent states.

Intellectual desert

Two major pitfalls arose from the romantic age between 1950 and1970 – pitfalls that continue to determine how wildlife conservation is practised today. The first major pitfall was the illogical link and valuation of wildlife based on tourists’ appreciation and (where hunting was allowed) consumption. The second pitfall was the firm placement of black Africans as “props” who were destined never to be equal intellectual participants in the management of and discourse around African wildlife. Thus my compulsion to describe Kenya (rather harshly, in some of my readers’ estimation) as an “intellectual desert” as far as wildlife conservation is concerned.

Two major pitfalls arose from the romantic age between 1950 and1970 – pitfalls that continue to determine how wildlife conservation is practised today. The first major pitfall was the illogical link and valuation of wildlife based on tourists’ appreciation and (where hunting was allowed) consumption. The second pitfall was the firm placement of black Africans as “props” who were destined never to be equal intellectual participants in the management of and discourse around African wildlife.

Indeed, photographic and hunting safaris have since then included a very obvious but unspoken element of domination over black Africans – we can see it in the nameless black faces in white hunters’ photographs and in the postures of servile African staff attending to white tourists in the advertising brochures. Black Africans are totally absent as clients in all the media and advertising materials and campaigns. When hunting was legal in Kenya, it was normal for a photograph of a hunter with his guides, porters and gun bearer to be captioned: “Major F. Foggybottom and a fine leopard bagged in the Maasai Mara region of Kenya, September, 1936.” Fast forward 80 years or so. Black Africans are prominent in their absence from the reams and hours of literature and footage on Africa’s spectacular wildlife. The uniformity of this anomaly is startling across the board, whether one is watching the Discovery channel, BBC, or National Geographic.

With the advance of neoliberalism, market forces have become important drivers of both tacit and explicit policies all over the world. In African conservation policy and practice, the black African has become like an insidious impurity that sometimes leaks into the final product but should ideally be absent in anything considered “premium”. This is not to say that media houses and marketing firms are deliberately engaging in racial discrimination; however, they are, sadly, pandering to prejudices that have been cultivated by romantic or colonial notions about Africa and its wildlife.

The colour bar

Blatant racism becomes much more evident in the conservation field, which in Kenya is dominated by whites. From a strictly academic standpoint, the open discrimination and obvious colour bar evident in the conservation sector in Kenya is fascinating for two major reasons: one is its longevity – business, agriculture, banking, education and all other fields have changed beyond recognition in the last few decades, but conservation remains firmly in the “Victorian gamekeeper” mode, where conservation is basically about protecting wildlife from the proletariat so that the nobles can consume the same for luxury/ recreational purposes.

The second is the acceptance of this status quo by senior indigenous state officials and technical experts across the board. Wildlife conservation is the one field where highly-qualified black Africans are routinely supervised by white practitioners of far lesser technical pedigree or experience. Indeed, some of the supervisors are American or Europeans relatively new to Kenya and with very rudimentary knowledge (if any) of Kenyan wildlife and ecosystems. Examples that come to mind are the appointment of one Peter Hetz (MSc, American) as Executive Director of the Laikipia Wildlife Forum in 2011 to supervise one Mordecai Ogada (PhD, Kenyan) who was appointed as Deputy Director. The recent appointment of Mr. Jochen Zeitz to the Kenya Wildlife Service (KWS) board is another case in point. Here I have used very pointed racial references because it is quite simply a racial divide. We simply do not find non-Caucasian foreigners in wildlife leadership positions in Kenya, nor do we find Latin Americans or Asians. We also don’t find Kenyans of European descent in any of the subordinate roles.

Wildlife conservation is the one field where highly-qualified black Africans are routinely supervised by white practitioners of far lesser technical pedigree or experience. Indeed, some of the supervisors are American or Europeans relatively new to Kenya and with very rudimentary knowledge (if any) of Kenyan wildlife and ecosystems.

How, an observer might ask, is this hierarchy maintained without any disruption by the growing number of indigenous Kenyans pursuing advanced studies in the conservation field? How do the academic exertions of all these technicians fail to moisten the intellectual desert in Kenyan conservation?

One reason is because, just like water never produces vegetation on seedless ground, the intellectual barrenness of indigenous Kenyans has been built into the training facilities and curricula. It goes without saying that Kenya’s ecological diversity and abundant wildlife are key pillars in the country’s economic, social and cultural identity, but Moi University, the de facto leading local institution in this field, only offers a degree course in “wildlife management”, which basically equips local wildlife practitioners to be technicians or foot soldiers for conservation, not to be fully engaged with any of the intellectual challenges that exist in the sector. Those who are better trained and experienced in this field are a small minority who seldom find acceptance in the sector because they inherently threaten the existing hierarchy.

KWS itself has two training facilities: the Manyani field school and a well-resourced training institute in Naivasha. Manyani is a proven centre of excellence in tactical field training necessary for wildlife rangers. The Naivasha training institute, which was established in 1985 to develop the “soft skills” and policy thinking around conservation and fisheries, changed in 2009 when it began offering rudimentary naturalist and paraecologist courses more geared towards serving the tourism industry than the cause of conservation. As one would expect, the academic contribution of this institution to tourism falls so short of the standards required by Kenya’s highly developed tourism industry that in the final analysis, it is a lost investment. One of its more recent distinctions is the levels of academic performance advertised on its website as requirements for admission, which are far below what an institution training custodians of any country’s most valuable resource should be.

Closer analysis of these institutions and their low intellectual ceilings reveals a far subtler, but important, perspective on the colour bar in Kenyan conservation. The people being trained in these institutions are replacing the gun bearers and gamekeepers of feudal England and colonial Kenya.

Kenya as a nation still struggles with this colour bar and our public arena is replete with the symptoms of it. One that stands out is the dropping of charges against the late Tom Cholmondeley for the killing of Samson Ole Sisina, a KWS officer, at the scene of an industrial bushmeat harvesting and processing operation on the former’s Soysambu ranch. Those familiar with Kenyan society know that the killing of a security officer on duty is a (judicial or extrajudicial) death sentence in Kenya 99.99% of the time. The truth is that there were absolutely no mitigating circumstances here, other than the victim’s race. Barely a year later, in May 2006, Cholmondeley shot and killed Robert Njoya, a stonemason who lived in a village that borders his 50,000-acre estate, a crime for which he was jailed in 2009 following public uproar.

Closer analysis of these institutions and their low intellectual ceilings reveals a far subtler, but important, perspective on the colour bar in Kenyan conservation. The people being trained in these institutions are replacing the gun bearers and gamekeepers of feudal England and colonial Kenya.

More recently, in January 2018, there was a memorial service for the late Gilfrid Powys, a renowned rancher, conservationist, and KWS honorary warden. The service was attended by a plethora of top brass from KWS in full uniform, as well as several government leaders, as befitted his status in society. I suspect many in the congregation were taken aback when one of the eulogisers, Mr. Willy Potgieter, read a long and touching tribute where he detailed how the departed wasn’t a particularly religious man but would indulge his spirituality by hunting buffalo every Sunday morning. The discomfiture of the uniformed staff and company gathered was palpable and would have been amusing had it not been such a stark testament to the existence of conservation apartheid in our country and our society’s acceptance thereof.

Sanitised terminology

Apartheid in conservation matters. The duplicity that exists within many people and institutions purported to be dedicated to conservation may seem bizarre to those unfamiliar with the sector. Here is how it works: Basic psychological examination of wildlife hunting reveals that it is a uniquely complex aspect of human endeavour because it occurs at both ends of the spectrum of Maslow’s hierarchy of needs. Subsistence hunting is firmly at the bottom of the hierarchy as it fulfils physiological needs while sport hunting is at the top, within the realm of self-actualisation. This is illustrated by the celebrated blood sports of falconry and fox hunting pursued by royalty in the Middle East and Britain, respectively.

The highly sanitised terminology is also in striking contrast to the derogatory terms like “bushmeat poaching” used in reference to subsistence hunting. This highlights the role of the media in cultivating the racial divide because in Africa the term “poacher” or “bushmeat” is never applied to the activities or diets of people of European descent, regardless of legality.

Likewise, the term “hunter” is never applied to the activities of black people. These three degrees of separation in the hierarchy of needs are the basis of the colour bar. They are the reasons behind the flawed belief that we can allow white people to kill (not poach) wildlife and shoot black people suspected of being “poachers”. This is also the basis of the ongoing nonsensical scheme of a “task force” going around Kenya trying to gather support for proposed “consumptive use” of wildlife, an activity de facto delineated by race. It stands to even casual examination that the practice of structured legal hunting of wildlife in Kenya (and much of Africa) is an activity controlled by, and indulged in, by people of Caucasian extraction.

The highly sanitised terminology is also in striking contrast to the derogatory terms like “bushmeat poaching” used in reference to subsistence hunting. This highlights the role of the media in cultivating the racial divide because in Africa the term “poacher” or “bushmeat” is never applied to the activities or diets of people of European descent, regardless of legality.

It also goes without saying that the colour bar we live with in Kenyan conservation is an anachronism that we should have escaped from in the mid-20th century. But before we can achieve that freedom, we must squarely face up to the problem and appreciate its full extent. It is systemic.

When the board chairmanship of KWS fell vacant about four years ago, our government turned, almost reflexively, to the ageing Dr Richard Leakey, who is no longer at his physical or intellectual best, and who, in my view, is not even the best candidate for the job. The spectacular failure, frantic inactivity, and deafening silence on conservation issues that characterised Dr Leakey’s last tenure at KWS came as no surprise to those of us familiar with the man’s capabilities. The most poignant memory of this is a photo of Leakey posing with the black board members holding tusks beside him – an image that evoked memories of the “great white hunter” of yore. The photo itself was taken during the torching of 105 tonnes of ivory in 2016, a fairly logical conservation activity, but the carefully structured pose shows a board composed of people who have no knowledge or reading of the history and culture around wildlife conservation in Kenya. If they had even rudimentary knowledge of the history of conservation practice in Kenya, they would have recognised that their photo was misplaced in space and time. There is little doubt that Leakey (and possibly Brian Heath, in the back left, distancing himself from the ivory) were aware of this nuance and were the only intellectual participants in this photo – and therein lies a snapshot of our enduring tragedy.

The intellectual desert that is Kenya’s conservation sector remains as barren as ever in 2018. The sporadic and disjointed efforts to moisten it with sprinklers will all come to nought unless we concurrently plant the seeds of indigenous knowledge and expertise.

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Bobi Wine and the Politics of Revolution

ISAAC OTIDI AMUKE documents the rise of the “Ghetto President” who has become a person of particular interest to the Ugandan state. By ISAAC OTIDI AMUKE

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Bobi Wine and the Politics of Revolution

‘‘I believe in the politics of friendship. Without the politics of friendship there can be no radical movement.’’ – Srecko Horvat

‘‘…struggles, incarcerations and whistle blowing bring people together through friendship to try and do something. Will we succeed? Who knows! Who cares! What matters is the actual process of trying to do it… the chances may not be good. But we have the moral obligation to try’’

– Yanis Varoufakis

It came as a huge relief to many – especially to his wife Barbara and their four children – to learn that the highly popular Ugandan musician and MP for Kyaddondo East, Robert Kyagulanyi Ssentamu – popularly known as Bobi Wine – was still alive following his dramatic night arrest on August 13, 2018 in Arua town, Northern Uganda. The country’s political machinery – including President Yoweri Kaguta Museveni of the ruling National Resistance Movement (NRM) and Dr. Kizza Besigye Kifefe of the opposition’s Forum for Democratic Change (FDC) – had descended on Arua Municipality to drum up support for their respective candidates in a hotly contested by-election necessitated by the June 8, 2018 shooting to death of the incumbent MP, Ibrahim Abiriga, a Museveni loyalist who was killed alongside his bodyguard by hitmen riding on a motorcycle.

Kyagulanyi, who some say appears to have been flirting with the idea of establishing a people’s movement – a third force of sorts away from the Museveni-Besigye historical antagonism – arrived in Arua with clarity of purpose. Lately, he had been preaching that Uganda’s problems would not be solved through adherence to political party positions, and had been urging his supporters to think of broader formations, a proposition which sounded a little vague and amorphous.

On arriving in Arua, Kyagulanyi chose to back a different candidate from those backed by the big boys, Besigye and Museveni. Addressing a packed rally, he acknowledged that the divided opposition risked losing the seat to Museveni’s NRM, seeing that the crowded field of contestants had five individuals who passed for progressives. The way out, he suggested, was if the opposition overwhelmingly voted for the most suitable candidate out of the five. He endorsed Kassiano Wadri, a onetime MP and parliamentary whip in Besigye’s FDC, who ran as an independent. On August 15, Wadri won the seat from his prison cell.

Two notable events happened during the final round of campaigns in Arua. The first was when Kyagulanyi led a huge procession of cheering supporters – him riding atop a vehicle and urging his followers on – past a relatively well-attended Besigye rally, forcing the former army colonel to cut short his speech and wait for the noise to subside, seeing that the uninvited guests had overpowered the strength of his microphone. The whole episode had a somewhat humiliating effect on Besigye, the long-time undisputed symbol of opposition politics in Uganda. He nevertheless maintained a straight face, eventually succumbing to a group dance once the music started playing, seeing that the only way to ignore the intruders was by getting busy.

The second incident took place when President Museveni’s convoy was driving out of Arua and passed a group of supposed Kyagulanyi supporters who jeered the head of state. However, according to Museveni’s version of events, as posted on his Facebook page, his convoy was stoned, resulting in the shattering of the rear window of his official vehicle. It was this second event that resulted in Kyagulanyi’s troubles.

In a hurried tweet sent on the fateful August 13 night, Kyagulanyi released a photo of the lifeless body of his driver, Yasiin Kawuma, shot inside the MP’s vehicle. “Police has shot my driver dead thinking they’ve shot me. My hotel is cordoned of…” read part of the tweet. The message was perturbing. Kyagulanyi’s followers expected more updates from him but none came.

The following day, news broke that the MP had been arrested, alongside 33 of his colleagues on the Arua campaign trail, their whereabouts remaining a mystery. It was alleged that Kyagulanyi had been found in possession of a gun in his hotel room, and was being charged with treason before a military court. There were fears that he and his colleagues had been heavily tortured.

In a hurried tweet sent on the fateful August 13 night, Kyagulanyi released a photo of the lifeless body of his driver, Yasiin Kawuma, shot inside the MP’s vehicle. “Police has shot my driver dead thinking they’ve shot me. My hotel is cordoned of…” read part of the tweet. The message was perturbing. Kyagulanyi’s followers expected more updates from him but none came.

***

Kyagulanyi became a person of particular interest to the Ugandan state following his June 29, 2017 victory in a parliamentary by-election in Kampala. Running as an independent against Museveni’s NRM and Besigye’s FDC, the new kid on the block seemed to have brought with him the multitude of supporters accumulated through his music career, merging showbiz with the new business of commandeering an insurrection in Uganda, shifting from artist to politician and vice versa.

The Ghetto President – Kyagulanyi’s other moniker – had taken Uganda’s political establishment by storm, and possibly by surprise, some having imagined that the satirical (or not) ghetto presidency had no tangible political implication. However, the residents of Kyaddondo East – the real and proverbial ghetto Kyagulanyi governed – showed through the ballot that his “presidency” was real.

One of the early signs that Kyagulanyi would prove troublesome to the Museveni regime was his defiant and confrontational conduct during the debate to abolish the presidential age limit, a sneaky NRM-driven amendment that sought to scrap a constitutional provision barring anyone beyond 75 years of age from contesting for the country’s presidency. For the NRM, it was necessary to leave a window of possibility open for Museveni were he to entertain thoughts of participating in future elections. Kyagulanyi, as part of the opposition’s Red Beret movement, became a star attraction when violence broke out, turning parliament’s debating chamber into a boxing ring.

Photographed and filmed physically facing off with overzealous state security agents who breached parliamentary protocol and sneaked in to manhandle opposition MPs, Kyagulanyi engaged in fist fights with Museveni’s henchmen, who seemed to have marked him as a prime target. When the same series of events were repeated a second time, Kyagulanyi uprooted a microphone stand and used it as a weapon against the security men, proving that when push came to shove, he was willing to use his fists in defending the things he believed in. Museveni took note.

***

Kyagulanyi had only been an MP for a year when a new group of pundits began comparing him to the FDC’s Besigye. The young MP was holding massive rallies wherever he went in Uganda, a spectacle previously seen as a preserve of the consummate FDC leader. Suddenly, Besigye appeared to have a challenger for the opposition’s throne.

Before Arua, there had been a number of other by-elections in Jinja East, Bugiri, then Rukungiri, Besigye’s home district. In an interesting turn of events, Besigye’s FDC candidate won Jinja East, with Bugiri going to Kyagulanyi’s candidate. However, when it was Rukungiri’s turn, Besigye and Kyagulanyi combined forces and campaigned together for the victory of the FDC candidate. In his party’s acceptance speech in Rukungiri, Besigye said that the election was won not because they had the numbers but because of defiance, and thanked Kyagulanyi for his support, a clear acknowledgement that the veteran appreciated the capabilities of the rookie. It is through these successive by-elections that Kyagulanyi got an early chance to test his support outside of Kampala.

Kyagulanyi had only been an MP for a year when a new group of pundits began comparing him to the FDC’s Besigye. The young MP was holding massive rallies wherever he went in Uganda, a spectacle previously seen as a preserve of the consummate FDC leader. Suddenly, Besigye appeared to have a challenger for the opposition’s throne.

Upon Kyagulanyi’s arrest in Arua on the night of August 13, among those who demanded for his immediate release were Besigye and other leading FDC figures, including Kampala’s Mayor Erias Lukwago, who was acting as one of Kyagulanyi’s attorneys, and the former head of Uganda’s military and FDC stalwart Major General Mugisha Muntu, who stood front and centre in his defense.

Yet the Besigye-Kyagulanyi comparisons wouldn’t go away, even at this dicey time. On leaving Kampala’s Lubaga Cathedral on August 22, where prayers were being held for Kyagulanyi, a journalist asked Besigye if he might be a stumbling block to the young MP’s political project for Uganda. ‘‘People have to get this clear,’’ Besigye said. “I am not contesting for any seat and there is no leadership contest between Kyagulanyi and I.”

From the cathedral, Besigye headed for a night radio interview, where he furthered the gospel of freeing Kyagulanyi. The following morning, on August 23, Besigye took to social media to post familiar photos of police vehicles barricading the road leading to his home in Kampala’s Kasangati area in an effort to block him from standing in solidarity with Kyagulanyi, who was being presented before court. The residences of Mayor Erias Lukwago and Ingrid Turinawe, the head of the FDC’s Women’s League, were also cordoned-off. Coincidentally, a 2016 video of a defiant Turinawe confronting policemen and throwing open roadblock spikes placed outside the road to Besigye’s home had been trending.

***

In reading Ugandan journalist Daniel Kalinaki’s book Kizza Besigye and Uganda’s Unfinished Revolution, one realises that fighting Museveni is not a walk in the park. Detailing the early days of the National Resistance Army (NRA) – later NRM – bush war, Kalinaki takes one on the long journey Besigye travelled as a comrade of Museveni before the two fell out. Besigye had come to realise that Museveni had gone rogue and had started to shop around for comrades who were courageous enough to stand up to the latter’s fast growing dictatorship.

In an interesting turn of events, Besigye even asked his wife, Oxfam’s executive director, Winnie Byanyima, if she thought she could lead the onslaught. When everyone else thought they weren’t ready yet to lead the revolt, Besigye grudgingly decided to be the man of the moment, starting a journey that would take him to prison, exile and back, which cost him broken limbs and more.

There is no doubt that Kyagulanyi has become a political sensation in Uganda. It also has to be said that depending on how things go – considering factors within and outside his control – he may have a truly bright future as an important leader in the struggle for the liberation of Uganda.

However, throughout this period of his detention, and looking back at his meteoric rise as one of Uganda’s most visible opposition figures, one wonders what this moment portends for Kyagulanyi, since, as many had predicted, it was only a question of when – and not if – Museveni would strike back with the might of his state security apparatus. It is in looking at individuals like Besigye – on whose shoulders Kyagulanyi must stand, one way or another – where some answers, certainly not all, will arise. It is the likes of Besigye, who have travelled this road before and who refused to compromise, who may offer Kyagulanyi some clarity. It is through such associations that Kyagulanyi may learn how to navigate certain difficult terrains. Kalinaki’s book shows how a youthful Besigye was forced to make tough choices the moment he chose to oppose Museveni, lessons that Kyagulanyi can benefit from.

There is no doubt that Kyagulanyi has become a political sensation in Uganda. It also has to be said that depending on how things go – considering factors within and outside his control – he may have a truly bright future as an important leader in the struggle for the liberation of Uganda.

***

In “wanting to stress that we live in dangerous times in which everyone opposed to the political and financial powers might soon become targets”, a unique series of events held in July 2016 titled ‘‘First They Came for Assange’’ happened simultaneously across 14 cities, marking four years since WikiLeaks founder Julian Assange sought refuge at the Ecuadorian Embassy in London. It was during such an event in Brussels that Greece’s former Finance Minister, Yanis Varoufakis, while in conversation with the Croatian philosopher Srecko Horvat – both of whom are Assange’s close friends and regular visitors to his place of isolation – said the following:

“We talk about brave people like Julian… all those people that are putting themselves in the line of fire on behalf of that which is good and proper. But there is a lot of cowardice today, friends, ladies and gentlemen. Julian Assange has a problem with his shoulder. Do you know that it is impossible to get a shoulder specialist to come into the embassy and take a look at him? Because they fear they will lose their clientele. We have to remember that human beings are capable of the best and the worst. Our job as a movement is to cultivate the former against the latter.”

Julian Assange may or may not be some people’s ideal example of a freedom fighter, but there is no denying the fact that through his continued isolation at the Ecuadorian Embassy in London, he has become a contemporary example of how persecution can be meted out on an individual for reasons directly or indirectly linked to their revolutionary actions and beliefs.

Importantly, the words by Varoufakis underline one truism that is apparent as we witness the overwhelming outpouring of support for Kyagulanyi. With hundreds, if not thousands, using his silhouette as their profile picture on social media, we must come to the conclusion that there can be no successful revolution in these times we live in – where everyday struggles push us into little survival cocoons – without the politics of revolution embracing the politics of friendship. Even a retweet or an M-Pesa contribution can trickle into a massive pot of support that may just turn the tide.

The journey will be long and tedious – especially after Kyagulanyi’s release.

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BATTLE FOR THE PEARL: Bobi Wine, Museveni and the future of Uganda

President Museveni successfully thwarted political opposition until Bobi Wine came along and posed a formidable challenge to the ageing leader’s ambitions. By ERIASA SSERUNJOGI

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BATTLE FOR THE PEARL: Bobi Wine, Museveni and the future of Uganda

Thirty-six years ago, in 1982, the year Bobi Wine was born, Uganda’s President Yoweri Museveni was busy commanding the war that eventually led him to power. At 36, Museveni had run for president in 1980 as a rabble-rouser representing the new Uganda Patriotic Movement (UPM).

His party did not even stand an outside chance of winning the election, with Milton Obote’s Uganda People’s Congress (UPC) and Paul Ssemogerere’s Democratic Party (DP) being the hot favourites. In the end, Museveni even failed to win his own parliamentary seat. During the campaigns, he had warned that he would start a war should the election be rigged, and he did indeed start a war after UPC controversially claimed the election for itself amidst claims that DP had won.

Paulo Muwanga, who was the head of the interim Military Commission government on which Museveni served as Deputy Minister for Defence, had arrogated himself the powers that were entrusted in the Electoral Commission to announce election results, returning UPC as the winner, with Obote proceeding to form a government for the second time, having been earlier deposed by Idi Amin in 1971.

Museveni had watched the intrigue and power play and how the gun had emerged as the decisive factor in Ugandan politics since 1966. He had decided early in life that his route to power would be through the barrel of the gun. His determination to employ the gun became manifest when he launched a war against Amin’s new government in the early 1970s.

Museveni’s Fronasa fighters were part of the combined force that was backed by the Tanzanian army to flush out Amin in 1979. Also among the fighting forces was a group that was loyal to Obote. Museveni’s and Obote’s forces and other groups were looking for ways to outsmart one another as they fought the war. It was a time when Bobi Wine was not yet born.

Bobi Wine (real name Robert Kyagulanyi), who has been a Member of Parliament for just a year, has followed a different path. He is one of those Ugandans who believe that Museveni should be the last Ugandan leader to access power through the barrel of the gun. He wants future leaders to work their way into the hearts of Ugandans and convince them that they can take the country forward.

Bobi Wine first rose to popularity through music. Even though the popstar is new to Ugandan politics, he has for over a decade been disseminating political messages through his songs, in which he positions himself as a poor man’s freedom fighter.

Bobi Wine (real name Robert Kyagulanyi), who has been a Member of Parliament for just a year, has followed a different path. He is one of those Ugandans who believe that Museveni should be the last Ugandan leader to access power through the barrel of the gun.

Through his music, he has criticised the government when he felt it sold the people short; he has castigated the Kampala City authorities over throwing vendors and other poor people off the streets; and he has sought to encourage Ugandans, especially the youth, to take charge of their destiny.

“When freedom of expression becomes the target of oppression,” Bobi Wine said in one of his songs, “opposition becomes our position.” That was before he joined active politics.

When he married in 2011, he made sure that the marriage was celebrated by the Archbishop of the Catholic Church in the capital. When he was incarcerated recently, there were prayers for him at Rubaga Cathedral, the seat of the Catholic Church in Uganda. Catholics are the biggest religious grouping in the country.

Bobi Wine was born in Gomba, one of the counties of Buganda, the biggest ethnic group in Uganda. He has worked his way into the Buganda king’s heart, dubbing himself “Omubanda wa Kabaka” (the King’s Rasta man).

In Uganda’s music industry, Bobi Wine and his “Fire Base Crew” rose to the very top in their category, with Bobi Wine calling himself the “Ghetto President”, whose retinue included a “Vice President”, a cabinet and other members. He also has a security detail. His chief personal bodyguard – Eddie Sebuufu, aka Eddie Mutwe – was picked up at night by suspected military operatives on August 24, 2018.

Bobi Wine has over the past decade traversed the country where he has been performing as an artiste. Then, shortly after his election to Parliament, he travelled to many places within the country to introduce himself this time as a politician. He enjoys name recognition across the country that no Ugandan politician of his age and experience can command.

Battle for the youth

Bobi Wine plays the music that many Ugandan youth want to listen to, but he also preaches the gospel of change and prosperity in a way that is attracting crowds to him. He was born in rural central Uganda but he moved into a shanty neighbourhood of Kampala early in life, struggling through what most young people in the city experience. Although he went school up to university level, he went through all the hassles that young Ugandans go through. He speaks their language.

The Uganda Bureau of Statistics (UBOS) projects that at the mid-point of this year, Uganda had 39,041,200 people. Of these, only 648,000 people were projected to be 70-years-old or older. This means that Museveni, at 74 years of age, is among a lucky 1.7 per cent of Ugandans who are alive at the age of 70 or above. In fact, only 450,500 people, or 1.2 per cent of Ugandans, according to the UBOS projection, are as old as Museveni or older.

Reliable numbers on employment in Uganda are hard to come by but it is generally agreed that the country has one of the highest youth unemployment rates in the world. Museveni’s opponents often cite his age to make the point to the youth that their future is not safe with a 74-year-old leader who has been in power for 32 years.

The Uganda Bureau of Statistics (UBOS) projects that at the mid-point of this year, Uganda had 39,041,200 people. Of these, only 648,000 people were projected to be 70-years-old or older. This means that Museveni, at 74 years of age, is among a lucky 1.7 per cent of Ugandans who are alive at the age of 70 or above.

Museveni being Museveni – the Maradona of Uganda’s politics – has tried to tilt the debate on age to his advantage. He has, for instance, distinguished between “biological age” and “ideological age”, saying that many Ugandans are young biologically but very old ideologically. He has identified “ideological disorientation” as one of Uganda’s “strategic bottlenecks”, positioning his “ideological youth” as the solution. For one to be “ideologically young”, Museveni says, one needs to have the right ideas and mindset on how to transform society. He regards himself as a master in that. He says biological age is of no consequence in politics.

In his State of the Nation address last year, the Ugandan president said staying in power for long – and therefore being old – is a good thing because the leader gains immense experience along the way. In the wake of the recent arrest of Bobi Wine and 32 others who were charged with treason after allegations of stoning the president’s motorcade, Museveni wrote at least six messages on social media addressed to “fellow countrymen, countrywomen and bazzukulu (grandchildren)”. He now takes comfort in addressing many of his voters and opponents as grandchildren.

The choice of social media (especially Facebook and Twitter) as the preferred way of transmitting the president’s messages also raised debate. From July 1, social media users had a daily tax imposed on them because the president said people used the platforms for rumour-mongering. Many social media users have avoided the tax by installing virtual private networks (VPNs) on their handsets and so the “rumour-mongering” on social media continues. Since younger people spend a lot of time on social media, their septuagenarian president has decided to follow them there. Whenever he has addressed them as “grandchildren”, there have been hilarious responses in the comments section.

Beyond the debates, Museveni has in past election campaigns come up with a number of things to attract the youth, including recording something akin to a rap song in the lead-up the 2011 elections. But if it is about music, Museveni now faces Bobi Wine, a man less than half his age who has spent all his adult life as a popular musician.

Museveni’s government has tried one thing after another in an attempt to provide the jobs that young people badly need, with initiatives ranging from setting up a heavily financed, but highly ineffectual, youth fund in the ministry of Gender, Labour and Social Development. After the 2016 elections, in which Museveni suffered the heaviest defeat in Kampala City and its environs, he set out to dish out cash to youth groups to promote their businesses. Not much has come out of this initiative.

When he shot to power in 1986, Museveni rebuked leaders who overstayed their welcome, saying that the vice was at the root of Africa’s problems. As time went by, and with him still in power, he changed his views. He now says that he actually prefers leaders who stay in power for long periods. Museveni’s opponents latch onto such contradictions as they keep piling up.

Is it Bobi Wine’s turn?

Over the last 32 years that he has been around, Museveni has had a number of challengers and Bobi Wine is now threatening to storm the stage as the new kid on the block.

When he shot to power in 1986, Museveni rebuked leaders who overstayed their welcome, saying that the vice was at the root of Africa’s problems. As time went by, and with him still in power, he changed his views. He now says that he actually prefers leaders who stay in power for long periods.

Many of the people who were in the trenches with Museveni in the earlier years and who dreamt of picking the baton of leadership from him have dropped their ambitions because age and/or other circumstances have come into play as Museveni stayed put. Former ministers who once nursed presidential ambitions, like Bidandi Ssali, Amanya Mushega, Prof George Kanyeihamba and even the younger Mike Mukula, for instance, have since retreated to private lives. Others, like Eriya Kategaya and James Wapakhabulo, have passed on.

Of the Bush War comrades who harboured ambitions of taking over from Museveni, only four-time challenger Kizza Besigye and former army commander Mugisha Muntu remain standing, with the largely silent former prime minister Amama Mbabazi thought to be lying in wait for a possible opening.

By staying in power for so long – since January 1986 – Museveni has worn out his ambitious former comrades and perhaps even ensured that the chance to rule the country passes their generation by, a reality that has made it more likely that he will face a challenger who is younger than his own children.

But Museveni will not allow this generation of youth to win. The ruling party consistently stifles the emergence of younger leaders. In the lead-up to the 2016 election, for instance, Museveni’s National Resistance Movement party saw a rare surge in activity championed by younger people. One of Museveni’s in-laws, Odrek Rwabwogo, was among them. Rwabwogo had resorted to penning a string of articles in the partly state-owned New Vision newspaper about how the ruling party’s ideology could be sharpened to take care of the new Uganda. A number of other younger leaders within the party vied for space and expressed their visions in what was interpreted by some as a jostle for a front row seat as Museveni was expected to be standing for his last term in preparation for retirement in 2021.

Then, shortly after returning to power in 2016, Museveni engineered the removal from the Constitution the 75-year cap for presidential candidates, which would make him eligible to run again for as many times as he would be physically able to handle. This was a sure sign that Museveni was not willing to hand over power to a more youthful generation.

Repression heightens

The move to remove the age limit for presidential candidates from the Constitution inevitably invited stiff opposition from those who for decades have worked towards removing Museveni from power. In September last year, army men invaded Parliament and beat up and arrested Members of Parliament who were trying to filibuster the debate and perhaps derail the introduction of the bill to remove the age limit. Two MPs were beaten to a pulp and one of them, Betty Nambooze, has been in and out of hospitals in Kampala and India over broken or dislocated discs in her back.

This unfortunate incident, however, did not stop the State from bringing charges against her when after the shooting to death in June of an MP, Ibrahim Abiriga – who was one of the keenest supporters of the removal of age limits – Nambooze made comments on social media that the State interpreted as illegal. This week she had to report to the police over the matter, but she was informed that the officers were ready to have her charged in court, where she was delivered in an ambulance. She was carted into the courtroom on a wheelchair for the charges to be read out to her before the magistrate granted her bail. She sobbed all the way and afterwards wrote on Facebook that while in court she was “crying for my country”.

Francis Zaake, the other MP who was also was beaten, had to be taken to the US for treatment. He is now being treated again and is set to be fly out of the country due to injuries he sustained during the violence in Arua in which Bobi Wine was also attacked by soldiers of the Special Forces Command that guards the president.

Bobi Wine and 32 others have since been charged with treason but Zaake hasn’t yet – though Museveni has said in one of his statements posted on social media that Zaake escaped from police custody. When he is supposed to have escaped, Zaake was unconscious and could not move or talk. He was reportedly just dropped and dumped at the hospital by unidentified people. The head of the hospital has said that Zaake is at risk of permanent disability because of the damage he suffered to his spinal cord. The authorities say they are waiting for Zaake to recuperate so that he can face charges related to the violence in Arua.

By these callous actions, Museveni has demonstrated how ruthless he can get when his power is challenged. He has referred to the injured MPs as “indisciplined” and has not extended any sympathy towards them.

Those who have dared to challenge Museveni, especially Besigye, have been here before. The new opposition politicians currently in the line of fire, including Bobi Wine, have been served with a dose of what to expect if they push Museveni hard. The decision on how far they are willing to go is now in their court.

It seems that Museveni plans to apply to Bobi Wine the script he has used on Besigye over the past two decades. Apart from being targeted for physical assaults, Bobi Wine will be – and it is already happening – isolated from members of his inner circle, especially those who provide him with physical cover. They will be arrested, intimidated, or offered money to start businesses, a ploy to get them to abandon him. Some, like his driver Yasin Kawuma, who was buried a few weeks ago, will die.

It seems that Museveni plans to apply to Bobi Wine the script he has used on Besigye over the past two decades. Apart from being targeted for physical assaults, Bobi Wine will be – and it is already happening – isolated from members of his inner circle, especially those who provide him with physical cover.

Another thing the Museveni machine will do, and which it has done in the past, is plant fifth columnists around him – men and women who will show immense eagerness to work with Bobi Wine to remove Museveni from power but whose real assignment will be to get him to make mistakes and to spy on him.

It is also to be expected that Museveni will reach out to Bobi Wine with some kind of deal – he seems to offer all his credible opponents proposals for an amicable settlement so that they can drop their political ambitions. It is hard to say whether Museveni has already approached Bobi Wine or not, but there are rumours to that effect.

Ultimately, it will be up to Bobi Wine to decide what he wants to do going forward, but with him fighting for his life in hospital, we dare not predict the future.

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