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THE APOCALYPSE NOW: Pathways to building a nation called Kenya

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THE APOCALYPSE NOW: Pathways to building a nation called Kenya
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Kenya is on the brink of plummeting into the abyss of political catastrophe. The government and the opposition are locked in an existential contest for Kenya’s leadership. Either the government will cement its hold on power by employing all means possible (illicit not excluded) or the opposition National Super Alliance (NASA) will wrench power in a way not yet anticipated (but adjudged illegal). Such is the fix that my people would say, “Thuol odonjo e ko” (The snake has entered the guard, would we salvage the milk or the gourd?)

Could it be that Kenya is headed for apocalyptic politics?

Critics of this government accuse it of wantonly undermining Kenya’s democratic principles by infringing on democratic accountability, individual rights and the rule of law. This has been manifested in its preference for tyranny rather than dialogue as a response to pressure from the opposition and other critics. Toiling to deter and deal with dissidents, the State has turned to its vast repressive apparatus on Kenyans perceived as a threat.

The repeat election on 26 October exposed what has been a closely-kept secret: a government appearing strong on the outside but whose power remains brittle at its core.

The first victims of the State’s assault have been democratic institutions. The opposition politicians are harassed and picked up by police on flimsy charges. Basic freedoms of expression and assembly have been restricted in practice, though not in law. Elections have become choreographed performances that are neither free nor fair. At its core, this assault has been motivated by the regime’s desire to protect power and accumulate wealth. The government purports to run the country according to the tenets of Western democracy. What we have, however, is a democratic facade, paying lip service to those tenets even as they are subverted.

The repeat election on 26 October exposed what has been a closely-kept secret: a government appearing strong on the outside but whose power remains brittle at its core. It is apparent that the regime projects a nimbus of invincibility that masks the shallow roots of its public support. What else would necessitate the massaging of votes, the muzzling of civil society organisations, the swamping of social media with propaganda and the hyping of approval ratings and other forms of manufactured consent?

NASA’s hopes of assuming power have been reliant on the independence of the country’s institutions. The opposition demands that the principles of democracy be applied in toto. When the Independent Electoral and Boundaries Commission (IEBC) failed to conduct a free and fair election on 8 August 2017, they said that these principles had been manipulated or distorted. The opposition threatened to unleash its final bullet, “wacha kiumane” (let hell break loose). This meant that it would arbitrate its case on the streets, thus confronting a government ready to crush protests even if lives were lost.

The opposition has a large and increasingly radicalised and aggrieved following. These people are determined to change their situation no matter the consequences – anarchy or death don’t matter.

Rabbi Jonathan Sacks, in his book Not in God’s Name, explained that: “Apocalyptic politics is the strange phenomenon of a revolutionary movement whose gaze is firmly fixed on the past. It arises at times of destabilising change and speaks to those who feel unjustly left behind.”

In messianic politics, people believe that the destination is close and God is beckoning. “Hence the readiness of messianic militants to welcome even to initiate the terrors that proceed the last days”, writes Michael Walzer. “Hence the strange politics of the worse the better and hence the will to sin, to risk any crime for the sake of the end.”

The opposition’s followers had high hopes of reaching “Canaan” this time around. The manipulation and illegality of the election stole this hope, and with it went the aspiration for change. They were stranded

“wondering between two worlds,

one dead the other powerless to be born.”

(Matthew Arnold, Stanzas from the Grande

Chartreuse [c1850)

Rabbi Jonathan Sacks, in his book Not in God’s Name, explained that: “Apocalyptic politics is the strange phenomenon of a revolutionary movement whose gaze is firmly fixed on the past. It arises at times of destabilising change and speaks to those who feel unjustly left behind.” It is the longing for the end of time in the midst of time, the search for redemption now. That is why this political position suspends the normal rules that restrain people from murdering the innocent.

It is like Samson in the Temple of the Philistines, bringing down the building on his enemies but destroying himself in the process.

If the event of Raila’s return from his USA trip is indicative of the future, then I am certain we are on the cusp of revolt and Armageddon. The disenfranchisement in the country must be addressed, and all should have an opportunity to prosper. With increasingly dim prospects for a livelihood, health care and a future to latch on to, the protesting opposition followers cannot be deader than they are already. It’s already tragic.

Nowhere is this condition as explicit as in the myth of Sisyphus. Condemned by the gods to roll a rock to the top of a mountain, whereupon its own weight makes it fall back down again, Sisyphus was trapped in this perpetually futile labour. He was condemned to everlasting torment and the accompanying despair of knowing that his efforts were pointless. Efforts to bring about change in Kenya have also been futile. Hopes hinged on the Constitution of Kenya 2010 did not materialise.

Intriguingly, Albert Camus, the French philosopher, noticed defiance in Sisyphus at the moment he goes back down the mountain. The consciousness of his fate is the tragedy, yet consciousness also allows Sisyphus to scorn the gods, providing a small measure of satisfaction. There is a mingling of satisfaction and tragedy, which is reflected in the opposition followers’ loaded scorn in the face of police brutality: “I would rather die standing than kneeling.”

Yet we delude ourselves when we claim that the problems facing Kenya are due to individual politicians. Ignoring these seismic shifts that undermine the foundations of the country’s democracy and fault Raila and his followers’ street protests is also cheeky dishonesty.

The opposition’s unexpected decision to go to the Supreme Court shifted the direction of events and possibly averted a grave bloody encounter. The Supreme Court judges, acting according to their conscience, kept Kenya on the narrow pass between anarchy and tyranny, on the narrow way of peace. In asserting their independence, they ruled to nullify the election and called for repeat polls. This salvaged the country by redirecting energies towards reforms. The opposition recognised that pursuing the reform of independent bodies would build lasting peace for the country, and therefore demanded changes and openness within the vilified IEBC.

The opposition also sought reforms of the laws that the Supreme Court applied to nullify the polls. They opted to regularise the “irregularities” and make illegalities “legal”, so to speak. Parliament, without opposition members, made changes in law apparently to make it easy for Jubilee to win in the repeat polls. This was a significant and definitive decision that, as we shall learn, took the country away from the path of peace back to the sinking sands of uncertainty. The resulting confusion at the IEBC, working under duress and alleged pressure from the State, forced a key member of the commission to quit. The president is believed to have tacitly supported the confusion; he had to win in the repeat election and so made these decisions willfully.

Yet we delude ourselves when we claim that the problems facing Kenya are due to individual politicians. Ignoring these seismic shifts that undermine the foundations of the country’s democracy and fault Raila and his followers’ street protests is also cheeky dishonesty. Why could we not see the obvious in the president’s decisions? That he first repudiated the faith on which the nation was founded – the rule of law and therefore the Judiciary and the Constitution. Then the precepts that governed the country, the independent institutions of the nation: the police force, IEBC, the Directorate of Public Prosecutions, all which were so systematically strangled that they effectively operate under instruction “from anonymous sources” (guessing who these sources are is not difficult). The stifling of public freedoms and the vigour with which civil society organisations were hunted threatened the moral framework that gave us the impetus for a free society under the Constitution of Kenya 2010.

These are the terrifying decisions he made. They are the kind of decisions we are making all over the world at this time. The entire global monetary crisis of 2008 was based upon a framework that defies the moral law of God. This framework allows you to violate the rules, to cheat in elections and to build your own storehouses while exploiting others and eliminating anyone who stands in your way. The truth has been simplified to the most elemental choice: agree or die. We have desecrated the very essence of human life, which is why the normal rules that restrain people from murdering the innocent are suspended. Very seldom do we talk about the right to be human. And we think we can do all of this with impunity? These are the issues that are strangling Kenya.

Consequently, the opposition lost patience. Essentially, it wanted a revolution without the slow process of transformation. Its decision to withdraw from the rescheduled election of 26 October 2017 – informed by the failure of the IEBC to act independently and to reform – reflects this frustration. In the determination to act for change, the opposition resorted to the setting up of People’s Assemblies at the county levels across the nation, as it were, invoking the sovereignty of the people as enshrined in the Constitution. It won’t accept Uhuru as president, instead demanding to swear in Odinga as the people’s president (initially scheduled for the 12 December 2017 but which took place on 30 January 2018). The details of this and how it will sit in law is still opaque. Here are an ominous sign of imminent legal confrontations and conflicts.

These political protagonists look to use power in the place of persuasion, to use daggers instead of debate. There are no listening ears among them or their followers. The government resorts to tyranny and brutal force, while the opposition urges the masses to revolt and spread anarchy.

What Prof. Ogude observed of the post-Kenyatta State can be said of this regime – an increase in what may be called “an ethnocratic state” whose basic political rhetoric is nation-building, while in practice it undermines any real desire for nationhood.

What ails Kenya’s politics is not ethnicity per se. The seismic events of 2002 – when the organised opposition seized power – proved that Kenyans can come round. Such coming together, however, has the potential to inflame violence, as we would witness five years later.

Prof. James Ogude, a Senior Research Fellow and Director at the Centre for the Advancement of Scholarship, University of Pretoria, exposed the popular use of “ethnicity as a means to establishing difference or exclusivity for political expediency”. Holders of power are bent on wantonly wrenching the thin web that binds Kenya. They dutifully ape the nation’s founding fathers, who established the country on the ethnic exclusion of certain communities perceived to be a threat to the State. What Prof. Ogude observed of the post-Kenyatta State can be said of this regime – an increase in what may be called “an ethnocratic state” whose basic political rhetoric is nation-building, while in practice it undermines any real desire for nationhood. It is unfortunate that political leaders goad ethnic hostilities like the bullfighters in Khayeka, Kakamega County. They have weaponised ethnicity.

The real shame has been the failure to transition from ethnic-based to ideologically-based politics. Aggravating this situation is the absence of concrete class markings, which allows this void to be filled with tribalism. We are ruined when in the absence of proper political ideology, tribalism has filled the vacuum. Prof. Colin Leys, writing in the Institute of Development Studies Bulletin 7(3): Underdevelopment in Kenya, The Political Economy of Neo-Colonialism affirmed this when he said, “‘Tribalism is in the first instance an ideological phenomenon. Essentially, it consists in the fact that people identify other exploited people as the source of their insecurity and frustrations, rather than their common exploiters.”

Of course, this does not happen “spontaneously”. Kenyans are victims of political leaders who create this situation. The challenge, therefore, goes beyond individual politicians and tribalism, and to our refusal to agitate for the establishment of effective democratic institutions to serve all Kenyans.

Tribalism serves our politicians by retarding the development of mass class-consciousness, which in turn is achieved by deliberate recasting of such issues into tribal terms. Colins Legum, in his book Africa Since Independence, observes how “politicians seek to secure their class position by constructing inter-tribal patron-client hierarchies, defining social conflicts in terms of ethnic relationships…” What this argument reveals also is that, although ethnic categories have intrinsic reasons for existence, it is not a given that ethnic groups must develop on the basis of mutual hostility and competition.

The book of Genesis in the Bible is about the willingness to accord dignity to the other rather than see them as a threat. The classification of “others” as threats has enabled pathological dualism that, according to Sacks, “divides humanity into children of darkness and of light, all good among us but all evil in the others”.

The book of Genesis in the Bible is about the willingness to accord dignity to the other rather than see them as a threat. The classification of “others” as threats has enabled pathological dualism that, according to Sacks, “divides humanity into children of darkness and of light, all good among us but all evil in the others”.

When a section of Kenyans would commit evil just to prevent Odinga from being president, we see an outright refusal to accept the partially good intentions of others with whom, according to Thomas Melton, “we are unconsciously proclaiming our own malice, our own intolerance, our own lack of realism, our own ethical and political quackery.” This kind of dualism must be defeated if Kenya is to become a nation.

One way out of this is role reversal. Rabbi Sacks suggests: “The way we learn not to commit evil is to experience an event from the perspective of the victim. That is what (Biblical) Joseph is forcing his brothers to do. He educates them in otherness through role reversal.”

Joseph forces his brothers to recognise that just as a brother can be a stranger (when kept at a distance), so a stranger can turn out to be a brother. Cain is able to commit murder because he asks, “Am I my brothers’ keeper?” He refuses to feel the pain of Abel but cares only about his rejected offering. On the contrary, in showing that he is his brother’s keeper, Judah’s repentance redeems not only his own earlier sin but also Cain’s. No wonder then that the nation of Israel began in Egypt with slaves so that they could know from the inside what it feels like to be on the other side.

Going forward, let truth be the foundation upon which Kenya is built. History is replete with evidence that truth can be betrayed and systems can be manipulated in the service of oppression and injustice. This has been the story of Kenya.

But aren’t these the challenges also confronting the human family now, calling us to look beyond those dangers? The opposition needs to remain committed to good governance and resist half-measure application of democratic principles, individual rights and the rule of law. The government that calls on all to respect the Constitution must also be exemplary in adhering to the tenets of the Constitution. This is dealing with each other truthfully.

Addressing civil and political leaders and members of the diplomatic corps in the Presidential Palace in Prague on 26 September 2009, Pope Benedict XVI could have as well been addressing Kenya’s stalemate today when he said: “The thirst for truth, beauty, and goodness, implanted in all men and women by the Creator, is meant to draw people together in the quest for justice, freedom, and peace.” He questions what is more inhuman and destructive than the cynicism which would deny the grandeur of our human quest for truth, and the relativism that corrodes the very values which inspire the building of a united and fraternal world. It is imperative, therefore, to place confidence in our innate capacity to crave for and grasp the truth and allow this confidence to point us to work for the Kenya we want.

Our priority must be to pursue principle above pragmatism. To get there, we must admit that while pragmatism determines the greater part of politics, it must never be at the expense of moral principles.

Now, however, we need to also embrace the truth with all its ramifications. Kenyans have a capacity for doing right and upholding the principles of democracy, as demonstrated in the 2002 election and the referendum that yielded the 2010 Constitution. This will ensure an end to election theft. I doubt there is need for more laws. I also do not imagine that changing people at the helm of failing institutions like the IEBC, without a shift in attitude, will change the situation.

Our priority must be to pursue principle above pragmatism. To get there, we must admit that while pragmatism determines the greater part of politics, it must never be at the expense of moral principles. For the professional politician, judge, administrator of justice or manager of the country’s crucial institutions, this means the priority of conscience above mere expediency. This will not be without a cost. Cardinal Ratzinger warns: “To live by the priority of moral principle over pragmatism requires moral courage. To adhere to your (genuinely moral) principles, must bring you into conflict with the powers and principalities of this world.” And for politics to recover its sense of direction, argues Ratzinger, what is needed is the recovery and public recognition of those moral norms that are universally valid.

In the end, we need to pursue truth to its logical conclusion. Attempts to bridge the divide and solve the present crisis have focused on reconciliation. Needless to say, these have so far been futile, for want of honest mediators. The depth of the crisis transcends a simple reconciliation between President Kenyatta and Mr. Odinga. Reconciliation must be grounded in repentance, which means a complete change in attitude and behaviour. A role reversal would be the best way of entering the world of those with “no stake in the economy” and whose rights have been trampled again and again.

We must urgently move away from the path of apocalyptic politics and affirm, through reforms, the national institutions that accommodate us all. The day these conflicts are transformed into conciliation will be the beginning of our journey to becoming members of one family called Kenya.

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Rev. Canon Francis Omondi, is a priest of The Anglican Church of Kenya (1998), serving as an attached clergy in the All Saints Cathedral Diocese, Nairobi. Was made Canon of Kampala Diocese in the Anglican Church of Uganda (2008). He is an Adjunct Lecturer at St. Paul’s University, Limuru, Kenya, and International Director of The Sheepfold Ministries.

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A Dictator’s Guide: How Museveni Wins Elections and Reproduces Power in Uganda

Caricatures aside, how do President Yoweri Museveni and the National Revolutionary Movement state reproduce power? It’s been 31 years.

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Recent weeks have seen increased global media attention to Uganda following the incidents surrounding the arrest of popular musician and legislator, Bobi Wine; emblematic events that have marked the shrinking democratic space in Uganda and the growing popular struggles for political change in the country.

The spotlight is also informed by wider trends across the continent over the past few years—particularly the unanticipated fall of veteran autocrats Muammar Gaddafi in Libya, Hosni Mubarak in Egypt, Yaya Jammeh in Gambia, and most recently Robert Mugabe in Zimbabwe—which led to speculation about whether Yoweri Museveni, in power in Uganda since 1986, might be the next to exit this shrinking club of Africa’s strongmen.

Yet the Museveni state, and the immense presidential power that is its defining characteristic, has received far less attention, thus obscuring some of the issues at hand. Comprehending its dynamics requires paying attention to at-least three turning points in the National Resistance Movement’s history, which resulted in a gradual weeding-out of Museveni’s contemporaries and potential opponents from the NRM, then the mobilisation of military conflict to shore up regime legitimacy, and the policing of urban spaces to contain the increasingly frequent signals of potential revolution. Together, these dynamics crystallised presidential power in Uganda, run down key state institutions, and set the stage for the recent tensions and likely many more to come.

The purge

From the late 1990s, there has been a gradual weeding out the old guard in the NRM, which through an informal “succession queue,” had posed an internal challenge to the continuity of Museveni’s rule. It all started amidst the heated debates in the late 1990s over the reform of the then decaying Movement system; debates that pitted a younger club of reformists against an older group. The resultant split led to the exit of many critical voices from the NRM’s ranks, and began to bolster Museveni’s grip on power in a manner that was unprecedented. It also opened the lid on official corruption and the abuse of public offices.

Over the years, the purge also got rid of many political and military elites—the so-called “historicals”—many of whom shared Museveni’s sense of entitlement to political office rooted in their contribution to the 1980-1985 liberation war, and some of whom probably had an eye on his seat.

By 2005 the purge was at its peak; that year the constitutional amendment that removed presidential term limits—passed after a bribe to every legislator—saw almost all insiders that were opposed to it, summarily dismissed. As many of them joined the ranks of the opposition, Museveni’s inner circle was left with mainly sycophants whose loyalty was more hinged on patronage than anything else. Questioning the president or harboring presidential ambitions within the NRM had become tantamount to a crime.

By 2011 the process was almost complete, with the dismissal of Vice President Gilbert Bukenya, whose growing popularity among rural farmers was interpreted as a nascent presidential bid, resulting in his firing.

One man remained standing, Museveni’s long-time friend Amama Mbabazi. His friendship with Museveni had long fueled rumors that he would succeed “the big man” at some point. In 2015, however, his attempt to run against Museveni in the ruling party primaries also earned him an expulsion from both the secretary general position of the ruling party as well as the prime ministerial office.

The departure of Mbabazi marked the end of any pretensions to a succession plan within the NRM. He was unpopular, with a record tainted by corruption scandals and complicity in Museveni’s authoritarianism, but his status as a “president-in-waiting” had given the NRM at least the semblance of an institution that could survive beyond Museveni’s tenure, which his firing effectively ended.

What is left now is perhaps only the “Muhoozi project,” a supposed plan by Museveni to have his son Muhoozi Kainerugaba succeed him. Lately it has been given credence by the son’s rapid rise to commanding positions in elite sections of the Ugandan military. But with an increasingly insecure Museveni heavily reliant on familial relationships and patronage networks, even the Muhoozi project appears very unlikely. What is clear, though, is that the over time, the presidency has essentially become Museveni’s property.

Exporting peace?

Fundamental to Museveni’s personalisation of power also has been the role of military conflict, both local and regional. First was the rebellion by Joseph Kony’s Lord’s Resistance Army in northern Uganda, which over its two-decade span enabled a continuation of the military ethos of the NRM. The war’s dynamics were indeed complex, and rooted in a longer history that predated even the NRM government, but undoubtedly it provided a ready excuse for the various shades of authoritarianism that came to define Museveni’s rule.

With war ongoing in the north, any challenge to Museveni’s rule was easily constructed as a threat to the peace already secured in the rest of the country, providing an absurd logic for clamping down on political opposition. More importantly, the emergency state born of it, frequently provided a justification for the president to side-step democratic institutions and processes, while at the same time rationalising the government’s disproportionate expenditure on the military. It also fed into Museveni’s self-perception as a “freedom fighter,” buttressed the personality cult around him, and empowered him to further undermine any checks on his power.

By the late 2000s the LRA war was coming to an end—but another war had taken over its function just in time. From the early 2000s, Uganda’s participation in a regional security project in the context of the War on Terror, particularly in the Somalian conflict, rehabilitated the regime’s international image and provided cover for the narrowing political space at home, as well as facilitating a further entrenchment of Museveni’s rule.

As post-9/11 Western foreign policy began to prioritise stability over political reform, Museveni increasingly postured as the regional peacemaker, endearing himself to donors while further sweeping the calls for democratic change at home under the carpet—and earning big from it.

It is easy to overlook the impact of these military engagements, but the point is that together they accentuated the role of the military in Ugandan politics and further entrenched Museveni’s power to degrees that perhaps even the NRM’s own roots in a guerrilla movement could never have reached.

Policing protest

The expulsion of powerful elites from the ruling circles and the politicisation of military conflict had just started to cement Musevenism, when a new threat emerged on the horizon. It involved not the usual antagonists—gun-toting rebels or ruling party elites—but ordinary protesters. And they were challenging the NRM on an unfamiliar battleground—not in the jungles, but on the streets: the 2011 “Walk-to-Work” protests, rejecting the rising fuel and food prices, were unprecedented.

But there is another reason the protests constituted a new threat. For long the NRM had mastered the art of winning elections. The majority constituencies were rural, and allegedly strongholds of the regime. The electoral commission itself was largely answerable to Museveni. With rural constituencies in one hand and the electoral body in the other, the NRM could safely ignore the minority opposition-dominated urban constituencies. Electoral defeat thus never constituted a threat to the NRM, at least at parliamentary and presidential levels.

But now the protesters had turned the tables, and were challenging the regime immediately after one of its landslide victories. The streets could not be rigged. In a moment, they had shifted the locus of Ugandan politics from the rural to the urban, and from institutional to informal spaces. And they were picking lessons from a strange source: North Africa. There, where Museveni’s old friend Gaddafi, among others, was facing a sudden exit under pressure from similar struggles. Things could quickly get out of hand. A strategic response was urgent.

The regime went into overdrive. The 2011 protests were snuffed out, and from then, the policing of urban spaces became central to the logic and working of the Museveni state. Draconian laws on public assembly and free speech came into effect, enacted by a rubber-stamp parliament that was already firmly in Museveni’s hands. Police partnered with criminal gangs, notably the Boda Boda 2010, to curb what was called “public disorder”—really the official name for peaceful protest. As police’s mandate expanded to include the pursuit of regime critics, its budget ballooned, and its chief, General Kale Kayihura, became the most powerful person after Museveni—before his recent dismissal.

For a while, the regime seemed triumphant. Organising and protest became virtually impossible, as urban areas came under 24/7 surveillance. Moreover, key state institutions—the parliament, electoral commission, judiciary, military and now the police—were all in the service of the NRM, and all voices of dissent had been effectively silenced. In time, the constitution would be amended again, by the NRM-dominated house, this time to remove the presidential age limit—the last obstacle to Museveni’s life presidency—followed by a new tax on social media, to curb “gossip.” Museveni was now truly invincible. Or so it seemed.

But the dreams of “walk-to-work”—the nightmare for the Museveni state—had never really disappeared, and behind the tightly-patrolled streets always lay the simmering quest for change. That is how we arrived at the present moment, with a popstar representing the widespread aspiration for better government, and a seemingly all-powerful president suddenly struggling for legitimacy. Whatever direction the current popular struggles ultimately take, what is certain is that they are learning well from history, and are a harbinger of many more to come.

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

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The Enduring Blind Spots of America’s Africa Policy

America should move way from making the military the face of its engagement with Africa and instead invest in deepening democracy as a principled approach rather than a convenient choice.

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The Enduring Blind Spots of America's Africa Policy
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While Donald Trump’s administration completely neglected America-Africa relations, the blind spots bedeviling America’s Africa policy preceded his 2016 election. Correcting the systemic flaws of the past 30 years will require a complete rethink after the controversial President’s departure.

To remedy America’s Africa policy, President Joseph Biden’s administration should pivot away from counterterrorism to supporting democratic governance as a principal rather than as mere convenience, and cooperate with China on climate change, peace, and security on the continent.

America’s Africa policy 

America’s post-Cold War Africa policy has had three distinct and discernible phases. The first phase was an expansionist outlook undergirded by humanitarian intervention. The second was nonintervention, a stance triggered by the experience of the first phase. The third is the use of “smart” military interventions using military allies.  

The turning point for the first phase was in 1989 when a victorious America pursued an expansive foreign policy approach predicated on humanitarian intervention. Somalia became the first African test case of this policy when, in 1992, America sent almost 30,000 troops to support Operation Restore Hope’s humanitarian mission which took place against the background of the collapse of the Somalia government in 1991.

On 3-4 October 1993, during the Battle of Mogadishu, 18 US servicemen were killed in a fight with warlords who controlled Mogadishu then, and the bodies of the marines dragged through the streets of Mogadishu. The media coverage increased pressure on the politicians and six months later America withdrew from Somalia — a case of the New World Order meeting the harsh reality of civil conflict.

The chastening experience resulted in America scaling back its involvement in internal conflicts in far-flung places. The result was the emergence of the second phase — non-engagement when Rwanda’s Genocide erupted in 1994 and almost a million people died in 100 days revealed the limitations of over-correcting the Somalia experience. This “non-interference” phase lasted until the twin Nairobi and Dar es Salaam US embassy bombings by Al Qaeda in 1998.

This gave way to the third phase with the realisation that the new threat to America was no longer primarily from state actors, but from transnational non-state actors using failing states as safe havens. The 2002 National Security Strategy states: “the events of September 11, 2001, taught us that weak states . . . can pose as a great danger to our national interests as strong states.”

Counterterrorism training and equipping of African militaries is the central plank of this new security policy. As a result, counterterrorism funding has skyrocketed as has America’s military footprint in Africa. As a result, Africa has become the theatre in which the Global forever War on Terror is fought.

The counterterrorism traps 

The reflexive reaction to the events of September 11 2001 spawned an interlocking web of covert and overt military and non-military operations. These efforts, initially deemed necessary and temporary, have since morphed into a self-sustaining system complete with agencies, institutions and a specialised lingo that pervades every realm of America’s engagement with Africa.

The United States Africa Command (Africom) is the vehicle of America’s engagement with the continent. Counterterrorism blurred the line between security, development, and humanitarian assistance with a host of implications including unrelenting militarisation which America’s policy establishment embraced uncritically as the sine qua non of America’s diplomacy, their obvious flaws notwithstanding. The securitisation of problems became self-fulfilling and self-sustaining.

The embrace of counterterrorism could not have come at a worse time for Africa’s efforts at democratization. In many African countries, political and military elites have now developed a predictable rule-based compact governing accession to power via elections rather than the coups of the past.

“Smart” African leaders exploited the securitised approach in two main ways: closing the political space and criminalising dissent as “terrorism” and as a source of free money. In Ethiopia, Yonatan Tesfaye, a former spokesman of the Semayawi (Blue) Party, was detained in December 2015 on charges under Article 4 of Ethiopia’s Anti-Terrorism Proclamation ((EATP), arguably one of the the country’s most severe pieces of legislation. But Ethiopia has received millions of dollars from the United States.

The Department of Defense hardly says anything in public but gives out plenty of money without asking questions about human rights and good governance. Being a counterterrorism hub has become insurance policy against any form of criticism regardless of state malfeasance.

Egypt is one such hub. According to the Congressional Research Service, for the 2021 financial year, the Trump Administration has requested a total of US$1.4 billion in bilateral assistance for Egypt, which Congress approved in 2018 and 2019. Nearly all US funding for Egypt comes from the Foreign Military Finance (FMF) account and is in turn used to purchase military equipment of US origin, spare parts, training, and maintenance from US firms.

Another country that is a counterterrorism hub in the Horn of Africa is Ethiopia. For the few months they were in charge, the Union of Islamic Courts (ICU) brought order and stability to the country.  Although they were linked to only a few of Mogadishu’s local courts, on 24 December 2006, Ethiopia’s military intervened in Somalia to contain the rise of Al Shabaab’s political and military influence.

The ouster of the ICU by Ethiopia aggravated the deep historical enmity between Somalia and Ethiopia, something Al Shabaab — initially the youth wing of the ICU — subsequently exploited through a mix of Somali nationalism, Islamist ideology, and Western anti-imperialism. Al Shabaab presented themselves as the vanguard against Ethiopia and other external aggressors, providing the group with an opportunity to translate their rhetoric into action.

Ethiopia’s intervention in Somalia could not have taken place without America’s blessing. The intervention took place three weeks after General John Abizaid, the commander of US forces from the Middle East to Afghanistan, met with the then Ethiopian Prime Minister Meles Zenawi.  The intervention generated a vicious self-sustaining loop. Ethiopians are in Somalia because of Al Shabaab, and Al Shabaab says they will continue fighting as long as foreign troops are inside Somalia.

America has rewarded Ethiopia handsomely for its role as the Horn of Africa’s policeman. In both Ethiopia’s and Egypt’s case, on the score of human rights and good governance, the net losers are the citizens.

Drone attacks 

In keeping with the War on Terror being for forever, and despite departing Somalia in 1993, America outsourced a massive chunk of the fight against Al Shabaab to Ethiopia primarily, and later, to AMISOM. America is still engaged in Somalia where it has approximately 800 troops, including special forces that help train Somalia’s army to fight against Al Shabaab.

America carried out its first drone strike in Somalia in 2011 during President Barack Obama’s tenure. Under the Trump administration, however, the US has dramatically increased the frequency of drone attacks and loosened the oversight required to approve strike targets in Somalia. In March 2017, President Trump secretly designated parts of Somalia “areas of active hostilities”, meaning that the high-level inter-agency vetting of proposed strikes and the need to demonstrate with near certainty that civilians would not be injured or killed no longer applied. Last year, the US acknowledged conducting 63 airstrikes in the country, and in late August last year, the US admitted that it had carried out 46 strikes in 2020.

A lack of transparency regarding civilian casualties and the absence of empirical evidence that the strikes lead to a reduction in terrorism in Somalia suggest that expanding to Kenya would be ill-advised. The US has only acknowledged having caused civilian casualties in Somalia three times. Between 2016 and 2019, AFRICOM failed to conduct a single interview with civilian witnesses of its airstrikes in Somalia.

Despite this level of engagement, defeating Al Shabaab remains a remote possibility.

Containing the Chinese takeover 

The Trump Administration did not have an Africa policy. The closest approximation of a policy during Trump’s tenure was stated in a speech delivered by John Bolton at a Conservative think tank decrying  China’s nefarious activities in Africa.  Even with a policy, where the counterterrorism framework views Africa as a problem to be solved by military means, the containing China policy views African countries as lacking the agency to act in their own interests. The problem with this argument is that it is patronising; Africans cannot decide what is right for them.

Over the last decades, while America was busy creating the interlocking counterterrorism infrastructure in Africa, China was building large-scale infrastructure across the continent. Where America sees Africa as a problem to be solved, China sees Africa as an opportunity to be seized.

Almost two years into the Trump administration, there were no US ambassadors deployed in 20 of Africa’s 54 countries even while America was maintaining a network of 29 military bases.  By comparison China, has 50 embassies spread across Africa.

For three consecutive years America’s administration has proposed deep and disproportionate cuts to diplomacy and development while China has doubled its foreign affairs budget since 2011. In 2018, China increased its funding for diplomacy by nearly 16 per cent and its funding for foreign aid by almost 7 per cent.

As a show of how engagement with Africa is low on the list of US priorities, Trump appointed a luxury handbag designer as America’s ambassador to South Africa on 14 November 2018. Kenya’s ambassador is a political appointee who, when he is not sparring with Kenyans on Twitter, is supporting a discredited coal mining project.

The US anti-China arguments emphasize that China does not believe in human rights and good governance, and that China’s funding of large infrastructure projects is essentially debt-trap diplomacy. The anti-China rhetoric coming from American officials is not driven by altruism but by the realisation that they have fallen behind China in Africa.

By the middle of this century Africa’s population is expected to double to roughly two billion. Nigeria will become the second most populous country globally by 2100, behind only India. The 24-country African Continental Free Trade Agreement (AfCFTA) entered into force on 30 May 2019. AfCFTA will ultimately bring together all 55 member states of the African Union covering a market of more than 1.2 billion people — including a growing middle class — and a combined gross domestic product (GDP) of more than US$3.4 trillion.

While Chinese infrastructure projects grab the headlines, China has moved into diversifying its engagement with Africa. The country has increased its investments in Africa by more than 520 per cent over the last 15 years, surpassing the US as the largest trading partner for Africa in 2009 and becoming the top exporter to 19 out of 48 countries in sub-Saharan Africa.

Some of the legacy Chinese investments have come at a steep environmental price and with an unsustainable debt. Kenya’s Standard Gauge Railway is bleeding money and is economically unviable.

A fresh start

Supporting democratic governance and learning to cooperate with China are two areas that will make America part of Africa’s future rather than its past.

America should pivot way from making the military the most visible face of its engagement with Africa and instead invest in deepening democracy as a principled approach rather than a convenient choice.

Despite the elegy about its retreat in Africa, democracy enjoys tremendous support. According to an Afro barometer poll, almost 70 per cent of Africans say democracy is their preferred form of government. Large majorities also reject alternative authoritarian regimes such as presidential dictatorships, military rule, and one-party governments. Democracy, while still fledgling, remains a positive trend; since 2015, there have been 34 peaceful transfers of power.

However, such positive metrics go hand in hand with a worrying inclination by presidents to change constitutions to extend their terms in office. Since 2015, leaders of 13 countries have evaded or overseen the weakening of term limit restrictions that had been in place. Democracy might be less sexy, but ignoring it is perilous. There are no apps or switches to flip to arrest this slide. It requires hard work that America is well equipped to support but has chosen not to in a range of countries in recent years There is a difference between interfering in the internal affairs of a country and complete abdication or (in some cases) supporting leaders who engage in activities that are inimical to deepening democracy.

The damage wrought by the Trump presidency and neo-liberal counterterrorism policies will take time to undo, but symbolic efforts can go a long way to bridging the gap.

America must also contend with China being an indispensable player in Africa and learn to cooperate rather than compete in order to achieve optimal outcomes.

China has 2,458 military and police personnel serving in eight missions around the globe, far more than the combined contribution of personnel by the other four permanent members of the UN Security Council, Russia, the US, France and Britain. China had more than 2,400 Chinese troops take part in seven UN peacekeeping missions across the continent — most notably in Mali and South Sudan. Of the 14 current UN peacekeeping missions, seven are in Africa, consuming two-thirds of the budget.

Climate change and conflict resolution provide opportunities for cooperation. Disproportionate reliance on rain-fed agriculture and low adaptation to the adverse impact of climate change make Africa vulnerable to the damaging effects of climate change, the consequences of which will transcend Africa. Through a combination of research, development, technological transfer and multilateral investment, America and China could stave off the impact of climate change in Africa.

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Hijacking Kenya’s Health Spending: Companies Linked to Powerful MP Received Suspicious Procurement Contracts

Two obscure companies linked to Kitui South MP Rachael Kaki Nyamai were paid at least KSh24.2 million to deliver medical supplies under single-source agreements at the time the MP was chair of the National Assembly’s Health Committee.

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Hijacking Kenya’s Health Spending: Companies Linked to Powerful MP Received Suspicious Procurement Contracts
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Two obscure companies linked to Kitui South MP Rachael Kaki Nyamai were paid at least KSh24.2 million to deliver medical supplies under single-source agreements at the time the MP was chair of the National Assembly’s Health Committee, an investigation by Africa Uncensored and The Elephant has uncovered.

One of the companies was also awarded a mysterious Ksh 4.3 billion agreement to supply 8 million bottles of hand sanitizer, according to the government’s procurement system.

The contracts were awarded in 2015 as authorities moved to contain the threat from the Ebola outbreak that was ravaging West Africa and threatening to spread across the continent as well as from flooding related to the El-Nino weather phenomenon.

The investigation found that between 2014 and 2016, the Ministry of Health handed out hundreds of questionable non-compete tenders related to impending disasters, with a total value of KSh176 billion including three no-bid contracts to two firms, Tira Southshore Holdings Limited and Ameken Minewest Company Limited, linked to Mrs Nyamai, whose committee oversaw the ministry’s funding – a clear conflict of interest.

Number of Suppliers Allocated BPAAlthough authorities have since scrutinized some of the suspicious contracts and misappropriated health funds, the investigation revealed a handful of contracts that were not made public, nor questioned by the health committee.

Mrs Nyamai declined to comment for the story.

Nyamai has been accused by fellow members of parliament of thwarting an investigation of a separate alleged fraud. In 2016, a leaked internal audit report accused the Ministry of Health — colloquially referred to for its location at Afya House — of misappropriating funds in excess of nearly $60 million during the 2015/2016 financial year. Media stories described unauthorized suppliers, fraudulent transactions, and duplicate payments, citing the leaked document.

Members of the National Assembly’s Health Committee threatened to investigate by bringing the suppliers in for questioning, and then accused Nyamai, the committee chairperson, of blocking their probe. Members of the committee signed a petition calling for the removal of Nyamai and her deputy, but the petition reportedly went missing. Nyamai now heads the National Assembly’s Committee on Lands.

Transactions for companies owned by Mrs Nyamai’s relatives were among 25,727 leaked procurement records reviewed by reporters from Africa Uncensored, Finance Uncovered, The Elephant, and OCCRP. The data includes transactions by eight government agencies between August 2014 and January 2018, and reveals both questionable contracts as well as problems that continue to plague the government’s accounting tool, IFMIS.

The Integrated Financial Management Information System was adopted to improve efficiency and accountability. Instead, it has been used to fast-track corruption.

Hand sanitizer was an important tool in fighting transmission of Ebola, according to a WHO health expert. In one transaction, the Ministry of Health paid Sh5.4 million for “the supply of Ebola reagents for hand sanitizer” to a company owned by a niece of the MP who chaired the parliamentary health committee. However, it’s unclear what Ebola reagents, which are meant for Ebola testing, have to do with hand sanitizer. Kenya’s Ministry of Health made 84 other transactions to various vendors during this period, earmarked specifically for Ebola-related spending. These included:

  • Public awareness campaigns and adverts paid to print, radio and tv media platforms, totalling at least KSh122 million.
  • Printed materials totalling at least KSh214 million for Ebola prevention and information posters, contact tracing forms, technical guideline and point-of-entry forms, brochures and decision charts, etc. Most of the payments were made to six obscure companies.
  • Ebola-related pharmaceutical and non-pharmaceutical supplies, including hand sanitizer
  • Ebola-related conferences, catering, and travel expenses
  • At least KSh15 millions paid to a single vendor for isolation beds

Hacking the System

Tira Southshore Holdings Limited and Ameken Minewest Company Limited, appear to have no history of dealing in hygiene or medical supplies. Yet they were awarded three blanket purchase agreements, which are usually reserved for trusted vendors who provide recurring supplies such as newspapers and tea, or services such as office cleaning.

“A blanket agreement is something which should be exceptional, in my view,” says former Auditor-General, Edward Ouko.

But the leaked data show more than 2,000 such agreements, marked as approved by the heads of procurement in various ministries. About KSh176 billion (about $1.7 billion) was committed under such contracts over 42 months.

“Any other method of procurement, there must be competition. And in this one there is no competition,” explained a procurement officer, who spoke generally about blanket purchase agreements on background. “You have avoided sourcing.”

The Ministry of Health did not respond to detailed questions, while Mrs Nyamai declined to comment on the contracts in question.

Procurement experts say blanket purchase agreements are used in Kenya to short-circuit the competitive process. A ministry’s head of procurement can request authority from the National Treasury to create blanket agreements for certain vendors. Those companies can then be asked by procurement employees to deliver supplies and services without competing for a tender.

Once in the system, these single-source contracts are prone to corruption, as orders and payments can simply be made without the detailed documentation required under standard procurements. With limited time and resources, government auditors say they struggle especially with reconciling purchases made under blanket agreements.

The agreements were almost always followed by standard purchase orders that indicated the same vendor and the same amount which is unusual and raises fears of duplication. Some of these transactions were generated days or weeks after the blanket agreements, many with missing or mismatched explanations. It’s unclear whether any of these actually constituted duplicate payments.

For example, the leaked data show two transactions for Ameken Minewest for Sh6.9 million each — a blanket purchase order for El Nino mitigation supplies and a standard order for the supply of chlorine tablets eight days later. Tira Southshore also had two transactions of Sh12 million each — a blanket purchase for the “supply of lab reagents for cholera,” and six days later a standard order for the supply of chlorine powder.

Auditors say both the amounts and the timing of such payments are suspicious because blanket agreements should be paid in installments.

“It could well be a duplicate, using the same information, to get through the process. Because you make a blanket [agreement], then the intention is to do duplicates, so that it can pass through the cash payee phase several times without delivering more,” said Ouko upon reviewing some of the transactions for Tira Southshore. This weakness makes the IFMIS system prone to abuse, he added.

In addition, a KSh4 billion contract for hand sanitizer between the Health Ministry’s Preventive and Promotive Health Department and Tira Southshore was approved as a blanket purchase agreement in April 2015. The following month, a standard purchase order was generated for the same amount but without a description of services — this transaction is marked in the system as incomplete. A third transaction — this one for 0 shillings — was generated 10 days later by the same procurement employee, using the original order description: “please supply hand sanitizers 5oomls as per contract Moh/dpphs/dsru/008/14-15-MTC/17/14-15(min.no.6).

Reporters were unable to confirm whether KSh4 billion was paid by the ministry. The leaked data doesn’t include payment disbursement details, and the MOH has not responded to requests for information.

“I can assure you there’s no 4 billion, not even 1 billion. Not even 10 million that I have ever done, that has ever gone through Tira’s account, through that bank account,” said the co-owner of the company, Abigael Mukeli. She insisted that Tira Southshore never had a contract to deliver hand sanitizer, but declined to answer specific questions. It is unclear how a company without a contract would appear as a vendor in IFMIS, alongside contract details.

It is possible that payments could end up in bank accounts other than the ones associated with the supplier. That is because IFMIS also allowed for the creation of duplicate suppliers, according to a 2016 audit of the procurement system. That audit found almost 50 cases of duplication of the same vendor.

“Presence of active duplicate supplier master records increases the possibility of potential duplicate payments, misuse of bank account information, [and] reconciliation issues,” the auditors warned.

They also found such blatant security vulnerabilities as ghost and duplicate login IDs, deactivated requirements for password resets, and remote access for some procurement employees.

Credit: Edin Pasovic/OCCRP

Credit: Edin Pasovic/OCCRP

IFMIS was promoted as a solution for a faster procurement process and more transparent management of public funds. But the way the system was installed and used in Kenya compromised its extolled safeguards, according to auditors.

“There is a human element in the system,” said Ouko. “So if the human element is also not working as expected then the system cannot be perfect.”

The former head of the internal audit unit at the health ministry, Bernard Muchere, confirmed in an interview that IFMIS can be manipulated.

Masking the Setup

Ms Mukeli, the co-owner of Tira Southshore and Ameken Minewest, is the niece of Mrs Nyamai, according to local sources and social media investigation, although she denied the relationship to reporters. According to her LinkedIn profile, Ms Mukeli works at Kenya Medical Supplies Agency, a medical logistics agency under the Ministry of Health, now embroiled in a COVID procurement scandal.

Ms Mukeli’s mother, who is the MP’s elder sister, co-owns Icpher Consultants Company Ltd., which shares a post office box with Tira Southshore and Mematira Holdings Limited, which was opened in 2018, is co-owned by Mrs Nyamai’s husband and daughter, and is currently the majority shareholder of Ameken Minewest. Documents also show that a company called Icpher Consultants was originally registered to the MP, who was listed as the beneficial owner.

Co-owner of Tira Southshore Holdings Limited, Abigael Mukeli, described the company to reporters as a health consulting firm. However Tira Southshore also holds an active exploration license for the industrial mining in a 27-square-kilometer area in Kitui County, including in the restricted South Kitui National Reserve. According to government records, the application for mining limestone in Mutomo sub-county — Nyamai’s hometown — was initiated in 2015 and granted in 2018.

Mukeli is also a minority owner of Ameken Minewest Company Limited, which also holds an active mining license in Mutomo sub-county of Kitui, in an area covering 135.5 square kilometers. Government records show that the application for the mining of limestone, magnesite, and manganese was initiated in 2015 and granted in 2018. Two weeks after the license was granted, Mematira Holdings Limited was incorporated, with Nyamai’s husband and daughter as directors. Today, Mematira Holdings is the majority shareholder of Ameken Minewest, which is now in the process of obtaining another mining license in Kitui County.

According to public documents, Ameken also dabbles in road works and the transport of liquefied petroleum gas. And it’s been named by the Directorate of Criminal Investigations in a fuel fraud scheme.

Yet another company, Wet Blue Proprietors Logistics Ltd., shares a phone number with Tira Southshore and another post office box with Icpher Consultants Company Ltd., according to a Kenya National Highway Authority list of pre-qualified vendors.

Family LinksMrs Nyamai and her husband co-own Wet Blue. The consulting company was opened in 2010, the same year that the lawmaker completed her PhD work in HIV/AIDS education in Denmark.

Wet Blue was licenced in 2014 as a dam contractor and supplier of water, sewerage, irrigation and electromechanical works. It’s also listed by KENHA as a vetted consultant for HIV/AIDS mitigation services, together with Icpher Consultants.

It is unclear why these companies are qualified to deliver all these services simultaneously.

“Shell companies receiving contracts in the public sector in Kenya have enabled corruption, fraud and tax evasion in the country. They are literally special purpose vehicles to conduct ‘heists’ and with no track record to deliver the public goods, works or services procured,” said Sheila Masinde, executive director of Transparency International-Kenya.

Both MOH and Ms Mukeli refused to confirm whether the ordered supplies were delivered.

Mrs Nyamai also co-owns Ameken Petroleum Limited together with Alfred Agoi Masadia and Allan Sila Kithome.

Mr Agoi is an ANC Party MP for Sabatia Constituency in Vihiga County, and was on the same Health Committee as Mrs Nyamai, a Jubilee Party legislator. Mr Sila is a philanthropist who is campaigning for the Kitui County senate seat in the 2022 election.

Juliet Atellah at The Elephant and Finance Uncovered in the UK contributed reporting.

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