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Kikuyus Will Wear Kaptula and Other Short(s) Stories

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On September 1, 2017, the day the Supreme Court of Kenya nullified the 8 August elections, I was riding in a city-bound minibus matatu on Nairobi’s Waiyaki Way. I sat in front with the driver. The passenger seated next to me must have received a text message on his mobile phone because he began howling at the driver to tune in to the radio. The matatu was blasting hip-hop reggae at the time. It was a few minutes after 11.00am. What followed can only be best captured by a tragic-comedy playwright.

“The general election of August 2017 was not conducted in accordance with the constitution and the applicable law, rendering the declared results invalid, null and void. A declaration is hereby issued that the third respondent was not validly elected and declared as the president-elect and that the declaration is null and void,” pronounced Chief Justice David Maraga on Citizen Radio.

My fellow passenger, on hearing the words “invalid, null and void”, wailed loudly in agony, like someone who had been pricked by some sharp object, and called to his God – “Ngai” – so loudly that the driver was startled.

“Now see what these western people have done to us (one riu uria andu a ruguru matwika),” he harangued in the Kikuyu language. Shattered and stuttering, he spoke in staccato, unable to string his words together coherently. When his phone rang, he answered, “I am not in a frame of mind to talk right now……”

What followed was the incoherent muttering of someone possessed with schizophrenia. He cursed Maraga. He cursed the Kisii people collectively and insinuated how Maraga and his Kisii community were foolish and idiots. As if momentarily posing for introspection, he blamed the Jubilee Party political barons for allowing a non-Kikuyu to ascend to the Chief Justice’s position.

See what they have done to us

“Now see what these western people have done to us” (one riu uria andu a ruguru matwika), he harangued in the Kikuyu language. Shattered and stuttering, he spoke in staccato, unable to string his words together coherently. When his phone rang, he answered, “I am not in a frame of mind to talk right now……”

Since then, that matatu incident has variously manifested and replicated itself in different settings among the Kikuyus – individually and collectively. It is as if the Supreme Court ruling damaged their ethnic group’s psyche, causing a schizophrenic attack that cannot be explained rationally.

Days later, a friend confessed to me: “So this is how these people felt in 2013, when the Supreme Court ruled in our (Jubilee’s) favour?” It was a rhetorical question. “I was so angry, so affected on the day Maraga said Uhuru had not won, it looked like my world had gone on a tailspin.” Emotional and irrational, this friend even admitted to me that if he had his way, he would kill the Chief Justice.

“For how long will Raila disturb our peace?” is a refrain that has been gaining momentum in Kikuyu gatherings – in homesteads, churches, social functions and some select exclusive clubs in Nairobi – since the Supreme Court ruling.

The first ever Presidential Election Petition case No. 5 was taken to the inaugural Supreme Court of Kenya in March 2013 by the Coalition for Reform and Democracy (CORD), the opposition coalition led by Raila Amolo Odinga. It sought to overturn the election victory of the Jubilee coalition led by Uhuru Muigai Kenyatta, who today is the fourth president of Kenya.

The Supreme Court judges, led then by the president of the court, Chief Justice Willy Mutunga, in arriving at their verdict, said: “In summary, the evidence in our opinion, does not disclose any profound irregularity in the management of the electoral process, nor does it gravely impeach the mode of participation in the electoral process by any of the candidates who offered himself or herself before the voting public.”

That Supreme Court judgment, read by Mutunga in under ten minutes (Kenyans, who had been waiting for days with bated breath for the judgment, were asked to read the entire judgement online) cast a shadow of devastation and disquiet among the opposition’s core supporters. Yet they took it in their stride, even as they were chided by the Jubilee coalition brigade to “accept and move one”. As much as they were hurt, they did not go into a frenzy of “political madness”, threatening to kill Chief Justice Willy Mutunga, and condemning and deriding his Kamba ethnic community.

Since September 1, 2017, I have numerously and repeatedly heard presumably reasonable and well brought-up Kikuyus propounding sickening theories about how some communities “need to be taught a lesson”, how David Maraga should not presume he is so important as to think “he cannot be taken out”. Such careless talk has been taking place among Kikuyu folks in social functions and places, including birthday parties, funeral services and restaurants.

To the consternation of even the most hardcore Kikuyus, the man claimed that if Raila ever became president, all Kikuyu men would be forced to wear kaptula – colonial-type khaki shorts that used to be worn by the regular police until early 1970s and which today are still worn by prisoners.

Maraga has been denounced and renounced in equal measure. The Kisii people – including all the communities that live in the western sphere of Kenya, mainly the Luos and Luhyas – have been collectively lampooned and considered to be “not too clever people” (ti andu oge). Ultra-Kikuyu sub-nationalists have been advocating for the murder of the Chief Justice and the leader of the opposition, Raila Odinga, as the “final solution” to this unceasing menace.

“For how long will Raila disturb our peace?” is a refrain that has been gaining momentum in Kikuyu gatherings – in homesteads, churches, social functions and some select exclusive clubs in Nairobi – since the Supreme Court ruling.

Fuelled by the MP for Gatundu South, Moses Kuria (jamba ya ruriri, or the brave warrior of the Kikuyu nation), who is on record for publicly and unapologetically advocating for the assassination of Raila, the Kikuyu people are now being primed, after being conditioned and socialised over time, that Raila encapsulates all their political problems, and that they would be better off and safer if he were to be taken out.

Let me illustrate this schizophrenic delusion that seems to have attacked a section of the Kikuyu community with a few anecdotes. Three weeks ago, I attended a birthday party in one of the gated, leafy and posh suburbs of Nairobi. After the people had settled down to whet their appetite, and later in the evening as they engaged in social drinking, the conversation naturally and ordinarily turned to politics.

As the conversation gathered more heat (as opposed to more light), one of the guests propounded a theory on why Kenyans (many Kikuyus conflate Kikuyu sub-nationalism with national patriotism and vice versa) should never vote for Raila Odinga. To the consternation of even the most hardcore Kikuyus, the man claimed that if Raila ever became president, all Kikuyu men would be forced to wear kaptula – colonial-type khaki shorts that used to be worn by the regular police until early 1970s and which today are still worn by prisoners. As ridiculous as his pronouncements were, he defended them fervently and vigorously. It was blatantly clear he was not bluffing.

“But as a Kikuyu I cannot vote for that Luo. As Kikuyus, we are called to vote for one of our own. It doesn’t matter if he is a drunkard, a thief or just plain inept. He is ours. That is who God has given us.”

Taken to task to explain where his weird theory emanated from, he reminded all and sundry that sometime in 2003, Raila had purportedly said that if he ever become the president, Kikuyu men would be hauled to Kamiti Prison. His interpretation of Raila’s warning (which yet to be proven): All Kikuyu men will be wearing shorts as long as Raila is the head of state.

This loose, flippant talk might have been treated as a sick joke, one which would have elicited awkward laughter, but it wasn’t. It was taken seriously by the crowd. The tragedy was that the middle-aged man spreading this falsehood was once the finance director of a blue chip company.

Ordained by God

Days after the Supreme Court overturned Uhuru’s win, my close friend’s mother – a respected leader of the Mothers’ Union of the Anglican Church of the Mt. Kenya region – called him and told him that she had an urgent thing she wanted to discuss with him. When they met, the mother went straight to the point: “John you must sack that housegirl of yours from western Kenya (the housegirl is from Kakamega County). You cannot continue keeping her. Do you know these people well? I will get you a housegirl from Murang’a.”

“Were it not for the fact that she is my beloved mother”, John told me afterwards, “I would have tongue-lashed her.” He told me that his mother had told him that “since these western people have no respect for us (how could they have overruled our win?) we should not have mercy on them.” His mother, a born-again Christian and well-educated in Kenya and the USA, did not find any contradiction in her counsel to her son, and if she did, she was not going to lose sleep over it.

Yet, it is my lawyer friend Nguru who encapsulates the irrational mood of the Kikuyu people that has pervaded their space post-September 1, 2017. “Yes the government of Uhuru and William Ruto has been corrupt, incompetent and messed up,” he told me two weeks after the Supreme Court ruling. “But as a Kikuyu I cannot vote for that Luo. As Kikuyus, we are called to vote for one of our own. It doesn’t matter if he is a drunkard, a thief or just plain inept. He is ours. That is who God has given us.”

A litigation lawyer of long standing, he argued that “where we have reached now, it matters not whether Uhuru won or lost, whether the Supreme Court’s decision is right or wrong. We must defend uthamaki (kingly leadership ship) by all means and by any means necessary. We must cast our lot with one of our own – and that is not a point for discussion or rationalisation.”

It was lunchtime and as a strict Catholic, he was headed to the Holy Family Cathedral in central Nairobi for the lunch-hour intercessional prayer to the Holy Mary Mother of God.

“The Kikuyu people are living in post-truth times,” says a Kikuyu elder associated with the Kenya Church group – an amorphous grouping of evangelical Christians that came together in the late 1990s. “Kikuyu professionals do not want to deal with justice issues, it is unpalatable” said the elder who did not want his name disclosed. “It is the elephant in the living room.”

To demand and sue for justice is to agitate for chaos, is to upset the status quo; justice has been criminalised to mean “destruction of property”.

As tragic as it is, said the elder, it is the church that has been fanning this fight against pursuing justice and truth. “Justice and truth have a way of being disruptive,” he said. “And the Kikuyu business and political elites have sworn that they must hold onto state power come what may.” The professional leadership coach and speaker told me that many Kikuyu evangelical pastors have aligned themselves to the Jubilee coalition and have been bribed to propagate pro-Jubilee messages of peace and stability. Anything outside of that boxed message is anathema to the preservation of Jubilee’s agenda of hoarding power. To demand and sue for justice is to agitate for chaos, is to upset the status quo; justice has been criminalised to mean “destruction of property”.

“The Kikuyu evangelical/Pentecostal pastors and new churches’ proprietors are involved in religious enterprise. They are in it for self-aggrandisement but also with a specific agenda: push Jubilee Coalition’s message of preaching that the president of the country is God ordained.”

A week after the Supreme Court’s unprecedented decision, pastor wa Ngunjiri, who preaches on Sunday mornings at Kameme FM, a Kikuyu vernacular station, took the trouble to explain in biblical terms why President Uhuru Kenyatta was cantankerous and furious in the afternoon of September 1, 2017. “When the ruler of the nation is agitated and seemingly untoward in his behaviour, there is a powerful message that God is relaying to the nation,” said the lady pastor, whose three-hour programme is listened to religiously by hoards of Kikuyus.

“God is asking us Kenyans to rally around the ruler, because it is not every day that a ruler is annoyed and unsettled,” cried the pastor on the airwaves. “The almighty God has already ordained a leader for us and that leader is Uhuru Muigai wa Kenyatta. It is the duty and obligation of every Kikuyu voter to come out and cast his or her vote for him, because we Kikuyus believe in and serve a living God.”

The mainstream established churches are no better, said my Kikuyu elder friend. The National Council of Churches of Kenya (NCCK) used to be a powerful Christian platform that kept former President Daniel arap Moi in check in the 1990s as the country grappled with a decade of reestablishing multiparty politics. “But today, it is a pale shadow of its former self.”

NCCK is mainly composed of five denominations – the Anglicans, the Methodists, the Presbyterian Church of East Africa (PCEA), Quakers (otherwise known as the Friends Church) and the Salvation Army. When the Secretary-General is speaking, he is presumably speaking on behalf of the five churches, a consensus that is normally agreed upon in its General Assembly.

“Yet, from a cursory glance of the press conferences that NCCK has held in the recent past, it is evident that Peter Karanja, an Anglican, is not really speaking on behalf of the five churches,” said my friend. “I can tell you without a doubt, the Quakers, the Salvation Army and a section of the Anglican church have been suing for justice and truth, and this is what leaders within NCCK have been fighting for every time the Christian body seeks to talk truth to power.”

But the PCEA, Methodist and another section of the Anglican church will hear none of that message. “Peter Karanja has been put on a tight leash – he can only speak of maintaining peace and the need for NCCK to respect the laws of the land and the government of the day. If he ever attempts to go outside of that script, he will be kicked out by the more powerful Kikuyu wing of the Protestant church body.”

The church in Kenya has never pretended that it is not ethnically aligned in its mission and vision. The PCEA and Methodist churches are regarded as Kikuyu and Meru churches. And rightly so, because a majority of its adherents and top leadership are Kikuyu and Meru.

The PCEA leadership openly threw its weight behind the President Mwai Kibaki government (2003–2012) and during the 2007-2008 post-election violence; some of its top leadership was allegedly even adversely mentioned as having abetted “retaliation violence” in sections of the expansive Rift Valley region. Although the Methodist church is not as “loud” as the PCEA, it also backed to the hilt the government of Kibaki, as it is currently backing the Uhuru-led Jubilee coalition government.

A PCEA church elder who attends the church’s Kirk Session in Kajiado County unabashedly said to me, “When it comes to supporting Uhuru, it is not about Christianity but about our political survival: we swore under oath to protect subsequent Kikuyu leadership after Mzee Kenyatta exited the scene.”

The Anglican church, on the hand, is a melting crucible of followers scattered across the country, much like the Catholic church. Hence, while the PCEA and Methodist churches are mainly concentrated in the Mount Kenya region and in the Rift Valley Kikuyu diaspora, Quakers and Salvation Army followers are mainly found in the western part of Kenya, specifically among the Luhya people of Bungoma, Kakamega and Vihiga counties. It therefore goes without saying that some leaders within the NCCK fraternity have been pushing for justice and truth for the simple reason that they hail from opposition areas that have been voting for Raila Odinga since 2007.

The financially and numerically powerful and stronger Kikuyu wing of the NCCK has not made the work of the religious organisation any easier. It has been unrelenting in its dogged determination to marshall support for the Jubilee coalition. A PCEA church elder who attends the church’s Kirk Session in Kajiado County unabashedly said to me, “When it comes to supporting Uhuru, it is not about Christianity but about our political survival: we swore under oath to protect subsequent Kikuyu leadership after Mzee Kenyatta exited the scene.”

Siege mentality

Obsessed with retaining state power at all and any cost, Kikuyu political barons have been bombarding the Kikuyu rank and file with messages of imminent annihilation if they do not band together to rescue the Uhuru presidency. The net result of this brainwashing is that it no longer matters how Uhuru wins the election – so long as he makes it to the helm. The peasant and urban poor Kikuyu are daily being socialised to look inward and to internalise ethno-centric values that inadvertently create a siege mentality. This mentality is then exploited by the political barons who can effectively use it to prey on their own people.

“The Kikuyu siege mentality, which is deliberately being created within their psyche, is preventing them from understanding the rest of the country’s anger about political injustices,” says Eric Wafukho, a leadership and management consultant. “So, with this apparent shielding of the average Kikuyu from the real political and societal problems ailing the country, the ordinary Kikuyu is made to live in a make-believe world, a world he thinks he controls, knows and understands.”

This statement rang true when my friend from Kangemi – a sprawling slum seven kilometres west of Nairobi city centre, who I had interviewed a month before the August 8 general elections, called me, a couple of days after Supreme Court ruling.

“We cannot allow these people to lord it over us and it does not matter that they now have enlisted the help of the Supreme Court – we will defend our leader by whatever means, because that is the only way we can ensure our survival,” said Thiong’o. “Uhuru has many faults and weaknesses, but we must overlook these shortcomings if we are to survive and are not finished by these western people.” To anchor his argument, he quoted a Kikuyu proverb: Iri Gikuyu, itire ukavi, which loosely translates to “As long as leadership is in Gikuyu hands, that is all that matters.”

The Kikuyu “business community” that was unleashed a few weeks ago in the Nairobi city centre and that was captured sporting dreadlocks are Mungiki members from Kayole – a densely and expansively populated ghetto located in the southeast of Nairobi.

I asked Thiong’o what he thought of the “Kikuyu business community” rolling into the central business district to ostensibly defend “Kikuyu property”. His answer was curt and to the point: “That is the way to go. We Kikuyus must defend our property.” Although my friend is nowhere near belonging to the Kikuyu propertied class, he, like many of the Kikuyu ghetto dwellers, have been unwittingly recruited to defend and fight for the class interests of his Kikuyu ethnic elites.

The Kikuyu business community is an euphemism for the notorious Mungiki youth group that cannibalised and preyed on its very own people in the late 1990s and the early part of the 2000s. When the youth group, which in the Kikuyu language means a multitude, descended from its base in the Kikuyu diaspora of the Rift Valley to seek refuge in Nairobi, it settled in the city’s slums, including Kangemi.

I can vividly recall Thiong’o being so terrified of his very own dreadlocked “brothers” who would show up at his house in the evenings to demand “protection” and “security” money. When the former internal security minister John Michuki cracked the whip on the group, he hailed Michuki as godsend. That was a decade or so ago. Today he does not find it a contradiction that the same group that used to send cold shivers down his spine is being resuscitated to surreptitiously defend a predatory Kikuyu elite leadership.

The Kikuyu “business community” that was unleashed a few weeks ago in the Nairobi city centre and that was captured sporting dreadlocks are Mungiki members from Kayole – a densely and expansively populated ghetto located in the southeast of Nairobi. Many of the privileged Mungiki members run the minibus matatus known as Forward Sacco matatus. Their adherents are transported into the city conurbation by these matatus with the sole mission of countering NASA youth mass action demonstrators. Hired expressly by the Jubilee coalition mandarins (this docket is being handled by Moses Kuria), they have been telling all who care to listen: “We the Kikuyus will rule this country, whether you like it or not.”

Enter the Kalenjin

As the Kikuyus are rolled out in the streets of Nairobi and Kiambu counties to defend their stake in the Jubilee coalition government, the Kalenjins have been waging their battle on a different and separate plane. Impeccable sources within Deputy President William Ruto’s camp believe that they are the people in control of the government, “more so now after the temporary Supreme Court setback,” said a Ruto confidante, who has worked in the deputy president’s office since 2013.

The claim that the Deputy President is actually the one running the Jubilee government is one I have heard since Uhuru and Ruto joined hands and formed a coalition government in 2013. As early as mid-2014, core staff in his office believed that Ruto was in control and has been running the show ever since.

The sharpest NASA critics that have been unleashed by Jubilee, particularly after the Supreme Court’s verdict, have been the Senator for Elgeyo Marakwet, Kipchumba Murkomen and the MP for Garissa, Aden Duale. It is not by coincidence that the two are some of Deputy President Ruto’s closest and most loyal foot soldiers. “That tells you just how many stakes Ruto has in the Jubilee Party and the government.”

The claim that the Deputy President is actually the one running the Jubilee government is one I have heard since Uhuru and Ruto joined hands and formed a coalition government in 2013. As early as mid-2014, core staff in his office believed that Ruto was in control and has been running the show ever since.

After the Supreme Court’s ruling, the Kalenjin elite close to the powers-that-be have become even more fundamentally wedded to the belief that without Ruto, Uhuru is a sleeping duck. Among themselves, the Kalenjin elite, in their city hideouts, gossip about Uhuru and his rumoured drinking binges. Ruto, the Kalenjins point out, is a masterful tactician who is just waiting for the appropriate time to unleash his full potential.

A recent incident the Kalenjin elite like reminiscing about is the Mark Too funeral. Too was former President Moi’s trusted acolyte. When he died in December, 2016, many of the who’s who among the Kalenjin business and political class attended his burial on January 10, 2017.

My Kalenjin friends were later to tell me that Ruto, who attended the funeral with President Uhuru, belittled President Uhuru in the Nandi dialect. He ostensibly told the gathered crowd that he was the one in charge of the government and that the Kalenjin nation should stay firmly behind him. The talk of Ruto being in charge has been recurrent among the Kalenjin elite circles for a while now, so much so that they consider Ruto as the de facto president.

To many Kalenjins, the 2017 presidency is a forgone conclusion. “We are already looking ahead to 2022 and nothing will stop us.” Once Uhuru Kenyatta settles down for his final term, Ruto will supposedly roll out his best laid plans, not once, but numerous times, my Kalenjin friends tell me. Ruto, they say, has never deluded himself that the Kikuyus love him. “If the Kikuyus think they can outsmart our man, they are in for a rude shock. We will show them why we have been running the government even when their man has been at State House.”

Extremist Kalenjins like to think that Ruto will rule for 20 years – four years shy of President Moi’s rule, which lasted from 1978 till 2002. “Ruto will have ruled ten years of President Uhuru’s term (2013–2022) and then commence to rule his own two terms (2022–2032). Together with Moi, they will have ruled Kenya the longest time – individually and collectively.” This would be a political record that they are absolutely convinced will never be repeated.

Invariably, for the majority of the Kalenjin people, “the Supreme Court ruling is just a small irritating hiccup that once it is dealt with – and we are confident Ruto is going to fix the mess – Kenyans will have to contend with a long Kalenjin reign.”

By Dauti Kahura
Mr Kahura is a freelance journalist based in Nairobi, Kenya

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Mr Kahura is a senior writer for The Elephant.

Politics

SportPesa: It’s Time for This Kleptocracy to End Kenya’s Billion Dollar Sports Betting Curse

In 2017, a poll of African millennials revealed that Kenya’s youth are the biggest gamblers on the African continent.

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SportPesa: It's Time for This Kleptocracy to End Kenya's Billion Dollar Sport Betting Curse
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Today, The Guardian publishes an investigation we have carried out with them into Kenya’s biggest betting company, SportPesa. With its name emblazoned on the shirts of Premier League club Everton FC and a Formula One racing team, SportPesa is Kenya’s most powerful gambling firm – operating in a sector that sucks $2bn from Kenyans every year.

Its shareholders include Bulgarian businessmen, one of whom, Guerassim Nikolov, has a background in casinos and about whom historic concerns were raised in the Bulgarian media, which he vehemently denies. Its corporate structure is opaque. Our reporter, Lionel Faull, worked with Bivol, the Bulgarian investigative website, and The Guardian, to examine the inner workings of SportPesa. That piece is here.

Lionel also dug into the effect the gambling epidemic is having on Kenya’s youth. Here he reports on how one student activist became a victim of gambling addiction but who is now spearheading a campaign to bring about meaningful regulation. The activist also wants to see there is proper treatment for the hundreds of thousands of young addicted Kenyans who need help after having been lured into betting away money they can ill afford to lose.

As part of their lucrative five-year deal with SportPesa, Everton played a pre-season match in Kenya this month

In 2017, a poll of African millennials revealed that Kenya’s youth are the biggest gamblers on the African continent.

A year later I prepared to travel to Nairobi to research a story about SportPesa. We at Finance Uncovered were interested in its stunning success. Founded and run by politically connected Bulgarian businessmen in Nairobi in 2014, it is now the biggest of Kenya’s mushrooming sports betting companies. And as we report with the Guardian today, so successful has it been exploiting the gambling craze in Kenya it has opened a European headquarters in the UK.

While investigating, I was struck by the almost total lack of any comprehensive data about the wider industry in Kenya and its millions of punters.

Sure, multiple news articles celebrated the rags-to-riches tales of jackpot winners, some of whom just as suddenly revert to rags. Others narrated horrifying individual anecdotes of gambling addiction, depression and suicide.

The gambling regulatory authority’s online presence amounted to a single sub-page of the interior ministry’s website and there was seemingly no organisation offering tailored counselling to problem gamblers.

It was as if a vast, silent vacuum had settled in the gaps between the sports betting billboards which peered down on Nairobi’s scurrying pedestrians.
Finally, someone referred me to a gambling awareness website which was run on a volunteer basis by Nelson Bwire, a 24-year old economics student at Kenyatta University.

“A way of life”

I took the highway north out of the city to Bwire’s campus, past the football stadium that had recently welcomed English side Hull City FC for a SportPesa-sponsored exhibition match against Kenya’s top club team, Gor Mahia.

As we strolled along the university’s shrub-lined walkways, Bwire told me how he became addicted to sports betting.

It was 2013 and he was fresh out of high school, hanging out with mates and killing time on PlayStation.

One of them boasted how he had won money on a football match and showed Bwire how he could send cash via the ubiquitous mobile money platform M-Pesa to a website called JustBet, the only online sports betting platform in Kenya at the time.

“On my very first bet I put in KShs200 (£1.50) and won KShs4,800 (£35),” Bwire recalls. “I bet on four teams to win. I’ll never forget them. It was Swansea, Stoke, Arsenal and West Brom.”

The win was both a blessing and a curse: “It got me thinking this could be a way of life. It was a good experience, it seemed like fun. You could watch your team playing, and actually earn money doing it.”

“You want to become rich, doing nothing. You want shortcuts in life, and that’s your shortcut.

“As I continued betting, everything increased. The amount of bets, the amount of money, the amount of time. With friends, on my phone, with the room-mates I was living with. Most of us used to bet.

“After about a year and a half, I began to realise that none of us had money because the money we had, it goes to betting.”

Bwire estimated that over the 18-month period he was an avid gambler, he spent around KShs100,000 (£750) on football bets. To put this spending in context, his annual course tuition fee in 2015 was between KShs100,000-120,000 (£750-£900).

“The money I was betting with came from previous wins, pocket money from my parents, and other side jobs I was doing,” he explained.

“Loan sharks”

By late 2015, Bwire recalled that many sports betting companies had burst onto the scene, including SportPesa, and were advertising “vigorously” across Kenya. They were also active in and around the university, handing out flyers on campus and in the neighbouring estates where students live.

“I started to read stories in the media about people committing suicide, people gambling their fees, their rent money. And you also see the kind of life that gambling is sucking out of you. You are waking up and all you are planning is to bet. Whatever winnings you have in your betting account, you don’t even consider taking it out. You use it to bet again. It reached the point that I just called it quits.”

He also noticed how gambling was taking over other students’ lives. “You would go into the computer labs to do some research, or finish an assignment, and you would see screen after screen where students were just browsing sports betting sites,” he said.

“Students were borrowing money from loan sharks at predatory interest rates to fund their habit, and handing over their laptops or their national identity cards as collateral.”

Problem gambling

In 2016 Bwire initiated a campus-wide survey to gauge the extent of gambling among his fellow students.

It found that half of male students and one-third of females surveyed bet more than once a week; and that nearly half of all respondents admitted to one or more signs of problem gambling behaviour. [see sidebar].

He later wrote a proposal to the university about how to tackle problem gambling on campus and launched a gambling awareness campaign working closely with student counsellors.

Nelson Bwire (second right) with fellow gambling addiction awareness activists and student counsellors, Kenyatta University, Nairobi, Kenya (July 2018).

“Gambling is not something that I would want to see banned. No, I don’t take that hard line. But I think people should be aware of the risks and take responsible decisions,” Bwire said.

Soon to be an economics graduate, Bwire mused: “Right now Africa is growing, yes. But gambling problems will suppress African growth. The capital flight of gambling winnings that are going from Kenya to other places, that money should be in people’s hands. It should be in entrepreneurs’ hands. It should be in students’ hands.”

Shifting ground

Exactly a year after speaking to Bwire, I took the same road out of Nairobi, past the same stadium preparing to host another SportPesa-sponsored exhibition match, this time featuring Everton FC.

A hundred and fifty kilometres beyond the capital, deep in the countryside, SportPesa’s blue-and-white branding is plastered all over humble general shops in small roadside villages.

While SportPesa is the biggest player in Kenya, there are several others such as Betin, Premier Bet, 1X Bet and the UK-based Betway, which sponsors West Ham United in the English Premier League.

Huge billboards for betting companies greet you as you drive into bigger towns.

The inside sports pages of the newspaper I bought are filled with betting adverts, giving the day’s odds on matches from minor leagues in faraway countries.

But, after half a decade making billions in a largely unregulated environment, the ground is shifting underneath the betting industry’s feet.

A Gaming Bill has been introduced to Parliament that would overhaul a regulatory framework that was originally drafted in 1966.

Fred Matiang’i, the interior minister with a bulldog reputation, has given betting companies a month to settle their tax bills.

Citing a statistic that half a million Kenyan youth have been blacklisted for borrowing money they cannot repay, debt which Matiang’i attributed mostly to the betting craze, he declared: “This is a sector we must regulate.”

Last week, Matiang’i made good his threat when the betting regulator suspended 27 betting firms’ operating licences – including SportPesa – for alleged non-payment of taxes.

Safaricom, the mobile phone company which processes most of the mobile money transactions used to bet, was ordered to withhold their services to the blacklisted companies, and punters were given 48 hours to withdraw their money from their betting e-wallets.

The directives are thought to affect the majority of Kenya’s 12-million betting account holders, interrupting the flow of an estimated $2bn annually from their pockets to the industry.

SportPesa and others have protested vehemently, publishing their most recent tax compliance certificates in the press. SportPesa also pointed to a court order it obtained allowing it to continue operating pending finalisation of a dispute over payment of a percentage of punters’ winnings in tax.

Responding to suggestions about the rise of problem gambling in Kenya, the company told The Guardian it was a socially responsible business that placed a priority on local sports and community work.

In the midst of this febrile atmosphere, I give Bwire a call to find out how he’s doing and what he thinks of the clampdown.

Bwire has now left Kenyatta University, his graduation ceremony is later this month.

He continues to run his gambling awareness campaign on a part-time voluntary basis, but since we last spoke, his ambitions have grown: he is now preparing for it to go national.

He has registered a company, the Gaming Awareness Society of Kenya, and held a series of meetings with the betting regulator, urging them to introduce a countrywide gambling awareness campaign programme.

Nelson Bwire [R], founder of the newly-registered Gaming Awareness Society of Kenya, with Oluoch Ngicho [C], chief gaming inspector with the Kenyan Betting Control and Licensing Board (BCLB), and a colleague (February 2019)

Nelson Bwire [R], founder of the newly-registered Gaming Awareness Society of Kenya, with Oluoch Ngicho [C], chief gaming inspector with the Kenyan Betting Control and Licensing Board (BCLB), and a colleague (February 2019)

He is also partnering with a UK software company, Betban, to offer betting website blocking technology to universities; and approached one of Kenya’s largest nationwide network of counselling centres to introduce gambling addiction counselling.

But he is sceptical of the regulator’s motives for the crackdown: “If they were doing this in good faith, you might see some gambling addiction centres, some clinics, even just a little awareness created … they are just doing that for the tax.”

Bwire is echoing other commentators who see the directives as a thinly-disguised tax shakedown targeting the industry on behalf of the Kenyan revenue authorities and treasury who are under pressure to close a widening fiscal gap.

At a traditional wedding last weekend, President Uhuru Kenyatta referred to the crackdown explicitly. He said: “The firms should stop threats that they will move to court. The government must get its share [of tax] to fund activities that are beneficial to this country.”

This may not impress SportPesa’s owners, one of whom – as we report with the Guardian today – has been a major financier and fundraiser for Kenyatta’s Jubilee party.

“Those in the betting companies are our friends,” Kenyatta reportedly said, “But we have to agree that the government must get its rightful share to build cultural centres and other developments.”

But Bwire believes taxation is not going to dampen the public appetite for gambling, because “addicted gamblers will still gamble”.

He challenges the government to take a holistic approach, including addiction awareness and counselling.

“In this game of betting, they can’t only be a referee. People get injured in this game, and so there needs to be awareness about that, and doctors available too.”

Last year a new government body was set up, the Sports, Arts and Social Development Fund, to oversee the allocation of taxes specifically raised from betting.

Gambling taxes have reportedly already swelled the fund to around Shs15bn (more than £100m). By law, this money must be allocated to national sports teams, cultural facilities and the government’s universal healthcare pledges, as well as to unspecified “government strategic interventions”.

The fund took months to become operational due to political wrangling over who would control it.

In a country that many have argued is a kleptocracy, it remains to be seen whether any additional tax the government squeezes from the betting companies will fund gambling addiction awareness or rehabilitation – or instead disappears down the Nairobi drain.

Student gambling

In 2016, a few years after Kenya’s largely unregulated mobile phone-enabled sports betting craze took off, Bwire and his fellow students produced the first dedicated survey of betting among the youth.

They polled 373 students at Kenyatta University, roughly 0.5% of the university student population (78,000).

Although the sample size was relatively small, in the absence of comprehensive data about Kenya’s betting craze, it represents an important contribution to the public’s understanding of its prevalence.

Some key findings were:

* Nearly half of all respondents admitted to one or more signs of being at risk of problem gambling behaviour:
– 50% said they needed to gamble with increasing amounts of money;
– 30% said they were preoccupied with betting;
– 20% said they gambled the day after a loss in order to recoup it;
– 20% reported making repeated unsuccessful efforts to stop, or cut back, on gambling; and
– 3% said they had committed an illegal act to finance gambling.

* Most respondents said they started gambling aged 18-19.

* 68% of male respondents and 47% females said they gambled weekly, or more than once a week

* 7% of male respondents & 2% of females reported gambling daily

* Two-thirds of respondents spend up to KShs1,000 (£7.50) per month, one-quarter said they spend up to KShs5,000 (£40); and 5% of respondents said they spent more than KShs5,000 on gambling per month.

* 72% of all respondents saw gambling/betting as a way to make money; 40% said they saw it as a source of fun.

* 70% of respondents had gambled in the preceding year.

Read the report here.

These statistics broadly mirrored the headline findings of an often-quoted 2017 survey by GeoPoll on the leisure and spending habits of sub-Saharan African youth, which found that 76% of Kenyan respondents – the highest in the continent — had tried gambling.

Kenyans also spent the most money, about $50 (£40) monthly, mostly on football bets. The majority placed a bet once a week.

 

This is article was first published by Finance Uncovered.

* Edited by Ted Jeory and Nick Mathiason

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Wildlife Conservancies or Sanctioned Land Grabs? The Simmering Crisis in Northern Kenya  

Proponents of wildlife conservancies in Northern Kenya argue that they provide a win-win situation for both conservation and pastoralist communities. However, the current push to establish more conservancies in the region may backfire and lead to more conflict.

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Wildlife Conservancies or Sanctioned Land Grabs? The Simmering Crisis in Northern Kenya
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Kenya’s Vision 2030, which identified Isiolo as a strategic location in the hydrocarbon economy of the region, combined with the 2010 Constitution, which led to the devolution of power and resources, have thrust Isiolo County, a once sleepy and neglected former garrison town, into the El Dorado of Kenya’s future development.

However, Isiolo’s potential, if not judiciously managed, could turn the county into the future axis of natural resource-based conflict, especially in the large-scale irregularly acquired land by private corporations and individuals under the guise of community wildlife conservation. The consequences of what happens in Isiolo will likely spill over into other parts of Northern Kenya and Northern Rift Valley.

Like other parts of Northern Kenya, Isiolo lagged behind the rest of the country in economic development because of the government’s economic planning policies contained in Sessional Paper No 10 of 1965 “African Socialism and its Application to Planning in Kenya”, which created a dichotomy between low and high potential areas of the country. The reasoning was that the former would benefit from the trickle-down effect of the government’s investment in the latter. Isiolo was considered a low potential area, and thus received limited government investment. The community’s livelihood was based around livestock, which successive post-independence administrations considered economically unviable and antiquated compared to agriculture. This meant that the region received limited state support.

Parallel to limited investment, the post-colonial state continued with the colonial government’s policy of mediating its relations with Isiolo and the broader North Eastern region through the lens of security. If the British colonial administration used Northern Kenya and Isiolo as a buffer zone against Italians who were attempting to colonise Ethiopia and the French who were colonising Djibouti, the post-colonial state viewed Isiolo as a place where demands for secession, banditry and cattle rustling were rampant. This has made Isiolo one of the few counties with the most military schools and military barracks in the country. The military is also one of the largest landowners in Isiolo.

Like other parts of Northern Kenya, Isiolo lagged behind the rest of the country in economic development because of the government’s economic planning policies contained in Sessional Paper No 10 of 1965, which created a dichotomy between low and high potential areas of the country.

Vision 2030, Kenya’s development plan for making Kenya a middle-income country (MIC) by 2030, is perhaps the closest the state came to rectifying the problems created by Sessional Paper No. 10 of 1965. Vision 2030’s economic pillar aims to achieve an average economic growth rate of 10 per cent per annum and sustaining the same until 2030. If the core of Sessional Paper No 10 is centralised planning, thus creating a center and a periphery, Vision 2030 calls for decentralisation, thus blurring the distinction between peripheries and the centre. In fact, it aims to turn previously marginalised areas like Isiolo into centres of development.

Some of the major Vision 2030 projects of the economic pillar are either based in Isiolo or pass through the county. These projects include 6,500 acres of land at Kipsing Gap, which is about 20 kilometres west of Isiolo town and sandwiched between Katim and OlDonyoDegishi Hill, where a multi-billion shilling resort city will be based. Parts of the LAPSSET pipeline passes through the county, and the town is also where the Isiolo International Airport has been built. These projects are at different stages of being implemented.

When they finally take off, these projects will undoubtedly spur positive economic growth and improve peoples’ lives. Attention generated by these projects has also attracted “entrepreneurs” of all stripes with land as their primary key resource. Excision of huge chunks of land pose an existential threat to the pastoralist communities’ primary source of livelihood, which is already buffeted by multiple challenges, including climate change, agro-pastoralist conflict, and the ever-decreasing water and pasture because of demographic pressures.

One of the big players in land excision debates are the private wildlife conservancies. The entity behind wildlife conservancies is the Northern Rangeland Trust (NRT), which manages 39 conservancies that cover an area of 42,000 square kilometers across the country, mostly in Northern and coastal Kenya.

In the media and in policy circles, the discourse on wildlife conservation and pastoralism is always cast in Manichean terms: wildlife conservancy is “good” and pastoralism is “bad”. This was evident during the Laikipia conflict in 2017 that pitted the mostly Samburu and Pokot herders against mostly white, private ranchers (popularly known as Kenyan Cowboys or KCs).

During the conflict, the government and in turn the media described the pastoralists as “barbarians at the gate of civilization”, who only understand the language of brute force. As a result, the killing of livestock – the pastoralists’ livelihood – by the security agencies elicited less sympathy than the killing of wildlife killed by the pastoralists, sometimes in self defence.

In the media and in policy circles, the discourse on wildlife conservation and pastoralism is always cast in Manichean terms: wildlife conservancy is “good” and pastoralism is “bad”.

Since tourism earns Kenya huge amounts of foreign exchange, it tends to be privileged over human life and pastoralists’ livelihoods.  For instance, during the 2017 clash involving pastoralists and wildlife conservancies in Laikipia, over 300 cattle were killed by the security agencies, and this act did not generate any condemnation.

Collective destruction of the pastoralist economy has historical precedent: The Truth, Justice and Reconciliation Commission found that the Kenyan army killed and confiscated livestock belonging to civilians in Northern Kenya. The shooting, especially of camels, was a particular strategy employed by the army as it was believed that camels were used by the Shifta to transport guns and other supplies. The Commission also revealed that it was common for soldiers and government officers to invade villages and confiscate cattle, sheep, camels and goats. The owners of such livestock were never told what happened to their livestock, nor were they ever compensated for their losses.

But the discovery of natural resources has suddenly changed the state’s engagement calculus with Northern Kenya, with the government making a beeline for the region, as demonstrated in the expansion of some of the often-neglected infrastructure. There is a sense that being among the least populated region, and being strategically close to the key borders of Somalia, Ethiopia and Sudan, the North has plenty of “free” land to be exploited.

But this courtship is anchored on a deterministic and reductionist single narrative: the free market. There is a belief that if the markets are opened in the region, all its problems will go away.

This narrative is problematic.  First, it assumes that the moment the region is linked to other parts of Kenya, it will automatically “develop”. Second, the creation of Northern Kenya in the image of the rest of Kenya at the very minimum denies the people the agency to determine what development means to them. Third, we need to be circumspect regarding the pervasive business language that assumes that the problem with public services is inefficiency and that technology is the answer. This techno fallacy and big data syndrome dehistoricises and decontextualises problems, and is ultimately bound to fail. Fourth, the market, while it can be efficient in allocating economic goods and services, is terrible as the arbiter of social services. Unleashing market forces onto the region will destroy the collective social fabric that has held these people together even in bad times.

Often unaccounted for in this framing is the pastoralist communities of Northern Kenya, which have been trading amongst themselves and with their counterparts across all the borders without government support. The mutually reinforcing twin issues of insecurity and a fragile ecosystem have engendered the communities’ remarkably innovative resilience instincts.

If everything around pastoralism is not securitised, pastoralists are infantilised. In the current wildlife private conservation paradigm – underwritten by well-heeled intergenerational wildlife conservation untouchable “royals” and marketed by a well-choreographed sleek PR machine – pastoralist communities who have lived in harmony with wildlife for generations are only used as worn-out tropes of the Messiah Complex. Kuki Gallmann, whose life is immortalised in the movie I Dreamed of Africa is cast as a noble White Saviour, keeping the wildlife and pastoralists safe.

Northern Rangeland Trust and the Lewa model

Isiolo has three national game reserves: the Shaba Game Reserve (256 square kilometres), Buffalo Springs (131 square kilometres) and BisanAdi (150 square kilometres). All of these areas block or restrict human habitation and grazing. On top of the game reserves, there are a number of conservancies in Isiolo: Biliqo-Bulesa, which covers 3784.82 square kilometres and was established in 2007, Nakuprat-Gotu, which was established in 2011 and covers a total area of 719.92 square kilometres, Leparua which was established in 2011 and covers a total area of 328.35 square kilometres, and Nasuulu which was established in 2011 and covers 346.01 square kilometres. These are significant chunks of land being administered by a corporation.

If everything around pastoralism is not securitised, pastoralists are infantilised. In the current wildlife private conservation paradigm, pastoralist communities who have lived in harmony with wildlife for generations are only used as worn-out tropes of the Messiah Complex.

According to NRT, conservancies are community-led wildlife conservation initiatives that provide a win-win situation for wildlife conservation and for pastoralists. The lack of transparency and adequate information regarding the manner in which these conservancies are established and managed adds to the anxiety of pastoralist communities. Pastoralists in the area have been victims of various land grabs in the past and therefore view conservancies as a Trojan horse that will lead to further annexation of their pastoral rangelands.

Lewa conservancy, which covers 62,000 acres and is a home to a wide variety of wildlife, including rare and endangered black rhinos, zebras and Sitatungas, as well as the “Big Five” wildlife animals.  Lewa’s value addition is held up as an aspirational model for other private wildlife conservancies.

However, the use of Lewa as a model for the future of Isiolo misses the dynamics inside Isiolo and for that matter elsewhere in the North. Laikipia County, where Lewa is located, doesn’t have nearly as many pastoralists as Isiolo does, which made the excision of such a huge tract of land possible. Additionally, the pastoral communities in Isiolo are diverse. Also not discussed when holding Lewa as a model is the failure of efforts at replicating Lewa inside Laikipia. For instance, establishment of a conservancy in OldoNyiro led to the community losing their land, forcing them to graze their livestock by the roadside because all the land has been fenced off.

Pastoralists in the area have been victims of various land grabs in the past and therefore view conservancies as a Trojan horse that will lead to further annexation of their pastoral rangelands.

At the heart of the establishment of the conservancies is the argument of return on investment: having “community” wildlife conservancies will allow pastoralists to have a stable income. But there is no conservancy that can guarantee the pastoralist the same kind of return that they can get from their livestock.

NRT has ambitions of establishing conservancies not just in Isiolo but across the Northern region. They already have some conservancies in Samburu County and plans are at an advanced stage to establish more conservancies in Marsabit County.

Devolution of power and resources to the county was designed as an antidote to centralised decision-making in Nairobi, which resulted in unbalanced and unequal economic development. What the framers of the constitution did not envisage, however, was the quality of representation that will shepherd devolution at the county level. The disparity between counties with good leaders and those with poor leaders is well documented.

But Isiolo’s land grab did not happen in a vacuum; it has been facilitated by poor leadership. The establishment of wildlife conservancies in Isiolo is a shot across the bow for other counties, such as Marsabit County. If they are not stopped, we could be walking into land-related conflicts with our eyes wide open.

The large-scale land grab in Isiolo by NRT will adversely impact the pastoralists’ livelihood, and generate new conflicts in an area blighted by incessant conflict. This will erode the potential Isiolo would have gained from devolution, Vision 2030 and its proximity to Ethiopia, which has the potential to increase cross-border trade.

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Building Bridges or Walls? BBI Charades Masquerading as ‘Public Consultations’

AKOKO AKECH examines whether the “handshake” between opposition leader Raila Odinga and President Uhuru Kenyatta, which resulted in the Building Bridges Initiative (BBI), is truly a people-driven participatory process or merely a tool for the Kenyan political elite to consolidate their power.

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It finally docked on our shores, the shores of the Nam Lolwe, on the 6th of June 2019. Unlike the old steamer, MV Alestes, it blew no loud horn to announce its arrival at the port of Kisumu to tell all within the vicinity to steer clear of the waterway and berth. Rather, it glided smoothly into Kisumu City at the end of a financial year, when government departments hurry to close the books. It creeped up on the residents of the city, stealthily like a crocodile. The 35th of the expected 47 Building Bridges Initiative (BBI) “public consultation” meetings was upon us.

“I got a call from the County Commissioners about a month ago. Something like this cannot be done through an open invitation. The whole of Kisumu would have been here,” said a young man with a chuckle, his face beaming with mischief, the smirk of someone proud of his high connections and who had been let into a well-kept siri-kali. We were queuing for tea and snacks at the Acacia hotel, Kisumu’s high-end hotel where the BBI commissioners were holding a “consultation” meeting on how to build a new Kenya.

I, too, would have missed the meeting, had I not seen in good time a WhatsApp message from a friend who’s a Kisumu government insider. The message had been sent in the wee hours of the morning that Thursday. In keeping with the rising personality cults of Kenya’s county governors, and their penchant for frivolous publicity, the e-invitation card I got bore Professor Anyang’ Nyongo’s picture, smiling, donning a white shirt and a red necktie, and holding a jacket flung over his left shoulder, held tenderly by his index finger. Warwakou duto! (All are welcome!), said the e-card.

As we sat down for tea and snacks, a clergyman wearing a white flowing robe and a red scalp cap (signifying his high position in the one of the many African-instituted Christian churches in Western Kenya) said, “I wouldn’t have known who sent me the money. I got am M-Pesa transfer of 2,028 shillings from a Samuel Otieno but I couldn’t tell who that is until the lady spoke.”

That lady he was referring to was an amiable and handsome woman dressed in a white, loose-fitting linen suit who had spoken towards the end of the meeting, shortly before the closing prayer – the ubiquitous Christian prayer that has become mandatory at public events, which always reminds one that many Kenyans, especially state and public officers, are yet to come to terms with the 2010 Constitution of Kenya, even with the shortest of its articles, Article 8, that states that “there shall be no State religion”. She told the officially invited participants that “if you check your phones, M-pesa imeingia [the Sh2000 transport refund] plus Sh28 ya kuitoa. Usikuje kama ulikua na Fuliza, the money has been chewed.”

The BBI task force is run like a tight deep state ship. But there is nothing transparent or charming about its process of public consultations. Unlike the recent commissions, whose meetings and deliberations were widely publicised, the BBI meetings are carefully and secretly organised, and their deliberations are hardly made public through the radio or the daily newspapers.

BBI has neither a known physical address nor a web page. Nor an expressly parliament-sanctioned legal existence and a budget line. It has an email address only. It works mostly as a sad reminder that despite its enormous constitutional powers, the Kenyan Parliament is yet to exercise effective control over the Office of the President, especially over the conduct of the provincial administration in midwifing political transitions such as the BBI and its latest women-only “popular movement” wing, Team Embrace.

The BBI task force is run like a tight deep state ship…The BBI meetings are carefully and secretly organised, and their deliberations are hardly made public through the radio or the daily newspapers.

Although the activities of the BBI have largely escaped or studiously evaded public scrutiny, the Kisumu event gives us a glimpse into how it works. Its consultative forum was surreal. It had a creepy feeling of an odd combination of a typical District Commissioner-organised public holiday event – with all its attendant display of anxieties over the security of the VIP and crowd control – and a typical NGO seminar at a five-star hotel, but with neither the benefits of a skilled moderator nor an appropriate teaching methodology of getting the best out of the competing and conflicting views of the representative of the various groups present at the meeting.

It was an eerily odd public event. Like a typical District or Provincial Commissioner-organised event, it drew in government officials and civil servants, including the starched khaki, big silver button, crimson red epaulets, and stick-wielding types, such as high-ranking police officers and provincial administrators, who patrolled the corridors of the hotel. While the presence of baton-wielding Administration Police officers at an open-field public event, in jungle-green camouflage uniforms, standing strategically in front of a crowd of spectators, and policing the imaginary wall between the seated and sheltered elite and the sweating crowd conveyed a sense of security and control, the conspicuous presence of the AP officers armed with the G-3 rifles or AK-47 rifles sent a chill down one’s spine. It evoked anxiety and fear rather than security and safety, which were amplified by the antics of an order-obsessed deputy county commander who wore a chocolate brown suit and stood like a sentry at the entrance of the second door to the conference room, alternately keeping an eye on the goings-on along the corridor and in the conference room.

Although the activities of the BBI have largely escaped or studiously evaded public scrutiny, the Kisumu event gives us a glimpse into how it works. Its consultative forum was surreal. It had a creepy feeling of an odd combination of a typical District Commissioner-organised public holiday event…and a typical NGO seminar at a five-star hotel…

Unlike a typical NGO forum, there were has no hand-written sign up sheets; the organisers simply ticked off the names of the participants on a printed list of invited participants, each sheet bearing the names of only the invited participants from each of the sub-counties of Kisumu County. Luckily, the uninvited (those not vetted by the Provincial Administration) could also walk into the meeting and listen to the proceeding, without signing up.

But like a typical NGO or government event, the meeting was adorned with big banners, which, despite promising dialogue or debate, served more to mark the boundary between the powerful commissioners’ high table and the jam-packed seminar room than to remind the commissioners of their vision and mission. Pleasantly, a female Kenyan sign language interpreter was hard at work, diligently translating the proceedings of the meeting.

The commissioners took turns to frame the problem, to ask questions, and to offer solutions and ways-forward, slicing up their audience into several categories: geographical, generational, gender, political, minority, and disability, soliciting from each participant, a solution for the evils bedeviling Kenya but barely giving the participants a chance to compose their thoughts or debate many contentious views vying for attention.

Nearly all the participants – except the governor, a Member of Parliament (Oduma Awour) and a former Member of Parliament (Prof Ayiecho Olweny) – were given less than three minutes to talk about items on the 9-item agenda, which prompted Father Samuel of the Catholic Peace and Justice Commission to say, “If the we want BBI to succeed, we need to allow people to freely express themselves, not shut down.” But the Commission did not heed to his plea. “We know what has happened, we need the solution. This is not the right forum for venting,” Prof. Oloo Adams responded curtly.

Except for Dr Florence Omosa’s very brief experiment with the Socratic approach, which questioned, teased out the inconsistencies and tested the appropriateness of a solutions offered by the participants, most of the commissioners found a ready-made formula for the classification of problems bedeviling Kenya by categorising them into neat labels: gender, age, geography, and social exclusion (including disability). Their idea of “participation” was to have a member from each category speak about their issues, as if the problem facing them was defined purely by their gender, age, geographical location, or level of social exclusion. Diversity, when in the hands of the securocrats and the commissioners, was reduced to a convenient tool of bureaucracy, generating more controversies than debate.

In a welcome break with the previous briskly sessions, Dr Omosa intoned politely and firmly, “Why do we fight during elections? We don’t trust each other, what should we do so that life goes on? What must happen so that we don’t have so many baby Pendos? Give me specific recommendations.”

Their idea of “participation” was to have a member from each category speak about their issues, as if the problem facing them was defined purely by their gender, age, geographical location, or level of social exclusion.

Not satisfied with the quick, not-well-thought-out responses, Dr Omosa observed, “I know, it’s not meant to be a dialogue, but I must ask you, how can the elders be the solution [to divisive elections], yet they champion exclusive ethnic leadership?” She was responding to a participant’s suggestion that a greater role for community elders in the management of elections is the solution to the tensions Kenyans experience in general elections. “Disband the IEBC [Independent Electoral and Boundaries Commission],” opined another participant.

Instead of a facilitating dialogue and debate, the meeting became a forum for contentious hard line views: “Kenya should go for a parliamentary system of government,” said one participant. “The constitution of Kenya has turned Kenya into a killing field,” asserted another. “Bring back the death sentence; let the murderers be locked without bail.” “Arrest and lock up the corrupt without bail,” Prof. Ayiecho Olweny, a former Member of Parliament, pleaded passionately. “We want “Luo kit gi Timbegi” brought back to in our curriculum,” said one participant. “Send the children back home to learn Dholuo,” said another. Ms Grace Jowi Jobita from Muhoroni, paraphrasing the Bible, stated, “If it is your eye that’s causing you a problem, my first recommendation is, let them be castrated, second, let them be castrated, and third, let them be castrated.”

There was also a call to “review the social ethics and education curriculum” in order to address the dearth of ethics among Kenyan youth and the rising cases of violence against women, including rampant cases of rape and defilement. “Amend the Chief’s Act. Our society is yearning for the past order, and is uncomfortable with the recent changes,” said retired Paramount Chief Paul Odero.

Mr Mathews Owili, the Kisumu County’s deputy governor, concurred with Prof Anyang’ Nyong’o that Kenya needs a parliamentary system of government, but also asked, “If the Prime Minister can be compelled by law to form a government that reflects the face of Kenya, can the Prime Minister be compelled to treat all Kenyans as equals?”

Struck by the repeated demands for more laws that would ensure diversity in public appointments, especially at the top levels of Kenya’s state power, Senator Amos Wako, the former long-serving Attorney General, pointed out, “The law already provides for that…the constitution makes reference to the face of Kenya in more than 22 Articles. What I want is, how can we ensure that the law, the constitution is respected by whomever?”

“The problem may not be Chapter Six [on leadership and integrity], but the law to enable, enforce the chapter. Perhaps the law enacted to enable this chapter does not reflect the letter and the spirit of the constitution of Kenya, 2010,” added Senator Wako.

However, BBI commissioners stuck to their nine-point agenda, briskly running through each item on their tick-off list, even when the more discerning participants, such as Senator Amos Wako, sensed that the problem might not be more laws, as some were suggesting, but a more complicated political process i.e. the lack of good laws and constitutionalism.

Anxious that this meeting might not yield much, Sheikh Masoud pointed out that “Kikao bila matunda ni ufisadi,” cautioning both the commissioners and the participants at the meeting that if the BBI initiative, like past initiatives such as the Truth Justice and Reconciliation Commission (TJRC), yields nothing, then the participants at BBI public consultation meetings would be complicit in yet another act of corruption.

The TJRC report is silent on or whitewashes some critical aspects of Kenya’s evil past. For example, Volume 11 of the TJRC report airbrushes the 1969 Kisumu massacre out of Kenya’s register of post-independence political massacres. The BBI too looks like yet another lost opportunity to revisit Kenya’s evil past and exorcise the ghosts that haunt Kenya’s post-independence politics.

Sheikh Masoud pointed out that “Kikao bila matunda ni ufisadi,” cautioning both the commissioners and the participants at the meeting that if the BBI initiative…yields nothing, then the participants at BBI public consultation meetings would be complicit in yet another act of corruption.

The BBI’s is a lost cause because it embodies the worst carry-overs from the undemocratic provincial administration’s coercive and manipulative tendencies while pretending to promote progressive and inclusive practices. The BBI seems yet another lost opportunity because the elite have set its course, and are championing narrow, selfish and convenient political causes that hardly go deep enough into the roots of the knotty questions of justice many Kenyans yearn for, and which were not given a fair hearing at the Kisumu forum.

Boniface Akach, a Kondele-based front-line human rights activist, who only learnt of the BBI meeting accidentally while attending a “solidarity” meeting at the same hotel, wrote the following on his Facebook account: “The on-going public participation exercise by BBI is a mockery, a waste of public resources and a rubber-stamping exercise. How can such a public exercise be taken to the Acacia Hotel, a five-star rated hotel, despite other more conducive and accessible spaces being available? The invite-only event is so restricted, with NIS and Police all over. The mobilisation across sub-counties is so well designed apart from Kisumu Central (wajuaji). Mobilisation was strictly done by the Kisumu County Commissioner. But we are not surprised, we all know that the aim the referendum is meant to settle scores as it creates opportunity for recycled, rejected political friends.”

Perhaps, as Akach points out, the perfunctory public consultation meetings, like the one held in Kisumu County, are merely an alibi for a pre-determined political course and cause. In Kisumu, there was a clear divide between the demands made by the ODM elite, on the one hand, and popular demands by the people of Kisumu County, on the other.

According to Kisumu County Governor Prof. Anyang’ Nyong’o and the ODM branch leaders, what’s at stake is a referendum to turn Kenya into a proper parliamentary system of government. However, to others, it’s the unfinished business of political violence and justice for the victims of political violence.

“We want inclusivity in compensation. We lost lives in 2007 and again in 2017. Some people were compensated, but not people from this region. We need inclusive compensation for people like baby Pendo,” said Victor Nyasaya. A representative of the National IDP network also expressed a similar concern. “The 2007 IDPs in Kisumu were paid only three thousand shillings, unlike those from Nakuru who were paid ten thousand shillings,” he lamented.

In many ways, the BBI “consultation” made a mockery of the constitution-sanctioned idea of public participation, a realisation that was not lost on many of the participants attending the Kisumu forum. It was a charade. Melania Jackie, representing the youth, lamented, “We were are not involved in the process of formulating public policies. Not the Universal Health Care, not the Huduma Number, we were only given deadlines. No civic education. We don’t have a youth on the BBI high table, even a token of representation.

“Na tuna ambiwa hii sio baraza,” Mitchelle Otieno lamented on Facebook, adding that “the BBI team ought to have held the meeting in Kondele and not Acacia hotel. We lost lives in Kondele, Nyalenda, Manyatta, and not Acacia.”

In many ways, the BBI “consultation” made a mockery of the constitution-sanctioned idea of public participation, a realisation that was not lost on many of the participants attending the Kisumu forum.

Orengo Ben Wamaya, who represented Bunge la Mwananchi at the meeting, thundered, “Public participation is never done in a five-star hotel.”

If the TJRC report offers the residents of Kisumu an official amnesia for the 1969 massacre in exchange for the recognition of the years of economic marginalisation which followed it, then what will the BBI report yield? Will it offer restorative justice or compensations for lost life, limb and property to the recent victims of political violence? Who will foot the bill? The perpetrators and the principal beneficiaries of political violence now occupying high offices or the Kenyan taxpayers yet again? Will it be sufficient and equitable? Will there be yet another opportunity for a trade-off between some measures of restorative justice and political support for a new political coalition, like the Uhuruto 2013 bargain? Will it offer retributive justice? Will it recommend memorialisation of the victims of past political evils or yet again endorse a tacit collective amnesia and unofficial amnesty for the perpetrators and principal beneficiaries of the past political evils?

Who decides?

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