At a cybercafé somewhere in Nairobi’s South B estate, stone-faced male clients are glued to their computers. They are youthful, the type that ought to be attending college, or if they are working, should be at their respective work places. It is mid-morning on a weekday, the cybercafé’s computers are all occupied and the young men are not on the Internet doing research for a term paper, collecting data, compiling a literature review, or cleaning up their CVs; they are busy placing bets on football games that are being played thousands of kilometres away, mostly in European cities.
This cybercafé is a replica of the many cybercafés spread all over the city and in suburban areas that have been turned into betting sites. “Cybercafés are no longer the Internet places you knew where people came to download serious stuff, upload a government document or even watch porn,” said Moha, the cybercafé’s owner and himself a former betting addict. “With the introduction of online betting in Kenya, the cybercafé business was transformed and acquired a new model.”
In Rongai town in Kajiado County, 25 kilometres from Nairobi’s city centre, college students and young professionals have turned to cybercafés to gamble in the football betting craze that has left many residents befuddled. “All of them are male and between the ages of 19 and 35 years,” said a cybercafé owner. “A young man who was working for an IT company left his job to bet full time.” In Kikuyu town, Kiambu County, many young men have been sucked into the betting craze. They spend all day holed up in cybercafés, betting on nondescript teams in faraway countries, such as Bulgaria and Ukraine. They pay KSh1,000 upfront to cybercafés daily to satiate their betting addiction.
“Betting has become a full-time occupation for some people,” said Njoroge, one of the young men I found betting at Moha’s cybercafé.
A recovering gambler, Moha was so compulsively addicted to betting that he would bet his cybercafé’s daily proceeds relentlessly and non-stop. Convinced that the following day would be better than the previous one, he would place his bet again and again. Again and again, he would lose: day after day, week after week, month after month. “Just when the business was now about to collapse, I woke up to my senses. I was lucky, I salvaged myself. It could have been worse,” said Moha. At the end of his betting mania, Moha had lost hundreds of thousands of shillings. “That money was never meant to be mine,” he consoled himself.
A full-time occupation
Moha’s cybercafé is decked with a smart 43-inch TV that beams the latest European leagues’ football matches live. I watched as young men worked their bets with the seriousness of college students sitting for an exam. “Betting has become a full-time occupation for some people,” said Njoroge, one of the young men I found betting at Moha’s cybercafé.
Njoroge is your archetypal Kenyan gambler: intelligent, male, young, urbane and computer savvy. He is a recent graduate of Technical University of Kenya. He finished his BSc in IT studies just last year and told me that he was in the process of looking for a job. But as he looks for a job, he said, he is hooked to betting. “I will not lie to you – I cannot stop betting because I have become an addict.” Njoroge has been betting since 2013, when he first entered university as a freshman. “But I will also congratulate myself, I have been able to tame my betting mania to now just once a week,” said Njoroge. “I bet every Friday and I have cupped my betting to no more than KSh3,000. That is the maximum that I can bet.”
I asked Njoroge what was the highest amount he had ever won during his four years of betting. “Twenty-one thousand,” he replied. “I don’t play huge bets. For me to have won the KSh21,000, I had placed a bet of KSh1,000.” Since then, he has been winning small amounts ranging from KSh3,000 to 6,000. Was it out of choice that he was betting small money? I asked him. “Not really. It is because I have never had a huge lump sum. If I did, trust me, I would play in the big league. The bigger the odds, the greater the risk, the higher the reward,” Njoroge reminded me.
“Although I am not able for now to stay away from betting, I consider myself a safe bet,” said Njoroge. “I have been betting at Moha’s cyber for a while now and I know all my fellow gamblers. I do not consider myself a serial gambler.” Njoroge told me of a banker who worked at Kenya Commercial Bank who bet every single day. “His online account always has a floating minimum of KSh10,000 for placing his bets. Many times he has lost huge amounts, but he seems to have a constant supply of money. He does not seem to worry about his losses.” Every morning at 7am, his banker betting friend passes by at the cybercafé and places his bet before leaving for work. In the evenings, before going home, he passes by again and places more bets. “I think betting is like a sickness,” mused Njoroge. “I look at the banking fellow and I cannot believe that he often bets to win only KSh1,000 on top of his minimum KSh10,000.”
“Gamblers never have enough money. They are always begging and borrowing and are trapped in a vicious cycle of living in a make-believe world of delusion where they will wake up the next day and be declared a jackpot winner.”
Anthropologist Natasha Schull says, “For gamblers, it is not always the sense of chance that is attractive, but the predictability of the game that underpins the escapism. Even winning disrupts this state of dissociation.”
Before releasing Njoroge to go back to his computer machine, I asked him whether he was genuinely worried that his addiction would (finally) get the better of him. “That is why I am seriously looking for a job. I am hoping once I get a job, I will quit betting.” It sounded more of a wish than an expectation.
“But once you get a job, won’t you start earning some good pay and that may induce you into placing bigger bets? I mean you will now have the bigger cash you been craving for?” I asked him. “Remember what you told me about the greater the odds, the higher the reward?” He paused, then said, “Let me go back.”
“Betting is a sickness, a sickness that can only be cured by oneself,” said Simon Kinuthia, a recovered gambler, who once lived in East London and came back home in 2008. It is in East London that he first learned how to bet and eventually got hooked. “Betting and gambling joints are all over the city of London. They are like your local neighbourhood kiosks here in Nairobi.” As a restaurant supervisor in East London, Kinuthia would use his break to dash to the nearest betting kiosk to place a bet.” He been back in Kenya for nearly ten years now, and says he would bet even his house rent and would be perpetually broke and always in debt “because you must always borrow to feed your addiction. Gamblers never have enough money. They are always begging and borrowing and are trapped in a vicious cycle of living in a make-believe world of delusion where they will wake up the next day and be declared a jackpot winner.”
With his colleagues, Kinuthia would bet in the morning, at tea break, during the lunch hour, in the evenings and even at night. “When we got our weekly pay, we would all head to gambling joints and bet the whole night. We would lose all our money, possibly only one of us would win his bets,” said Kinuthia. Yet, that did not deter them. “The more you lose, the more you want to place even more bets, erroneously believing it was not your lucky night. It is a paradox.”
Kinuthia, who is an accountant by profession, told me that betting is a business based on the understanding of probabilities. “What is the probability of a gambler winning the jackpot?” posed Kinuthia. “It is one out of 10 million, assuming every day 10 million Kenyans are placing their bets. In other words, your chances of not winning the big money is 99.9 per cent.” Many of these people, Kinuthia said, have little or no understanding of the probability of losses.
Kinuthia has faithfully kept away from betting in Kenya. “I saw people (in the UK) lose jobs, others got into manic depression. Others who could not live with the shame of losing everything they ever owned – after being auctioned – and of having mounting debts, committed suicide. “Betting is like being a drug addict: People begin using drugs as a leisure activity in the false belief that they can quit anytime, if the leisure becomes boring, or if they find something better to do,” said Kinuthia. “But no sooner do you start dabbling in drugs, then you realise you want more and more of the same. It is no longer a leisure activity, but an addiction that has to be fed to keep it going. That is precisely how betting works, even on the most innocent people, who cheat themselves they are doing it for fun, and if not for fun, at least then to win some money. They soon realise they are hooked onto an alluring activity that is intoxicating, that like a drug gives them a kick, or if you, like ‘a shot in the arm.’”
Social anthropologists have long observed that gamblers use their bets to chase losses and often they seek to be in a world where they can forget their problems. I found this to be true of my newspaper vendor friend, who has spawned a business idea from the betting mania: selling photocopied newspaper pages with “hot games” for betting. At KSh20 per page, the vendor mainly sells the information to security guards, casual labourers, matatu drivers and conductors, street vegetable vendors and hawkers, job seekers, as well as jobless Kenyans. All of these people’s dream is to win the jackpot and merrily transform their “miserable” lives by becoming instant millionaires. It is a dream fed daily by the fantastic news that a peasant women from Kakamega County can actually win KSh25 million from placing her bet correctly.
This paradox – of losing hard-earned cash in a betting game and instead of quitting, you immerse yourself even further in the quagmire is something I found prevalent among university students. To understand how the betting mania has caught on among Kenyan youth, I went to the University of Nairobi’s Chiromo campus, where science and medical students are housed. It is a campus for “serious students” who are not even supposed to have time to socialise. But with the onset of online betting in Kenya, Chiromo campus students have not been spared the craze.
Victor Rago, who is studying chemistry, admitted to me that the betting mania has afflicted his campus and is driving many students crazy. “Today students spend more time betting than they do in their academics. If only they spent half the time they did in analysing football matches so as to place the correct bets, we would have very many first class honours.” Rago told me about his roommate, who in their second year in 2017, placed his bet one Saturday afternoon with Ksh200. As luck would have it, by the evening his roomie was worth KSh250,000 sent to his smart phone. “I knew he had ‘struck gold’, because when he came to the room, he said he wanted us to go into town and eat some real food at some real restaurant. He excitedly told me he had won 250K and it was proper for him to take some time and enjoy life. For a whole semester he did not show up in the lecture theatre.”
Rago said students were now spending all their energies dreaming every single day about betting and winning bigtime money. It has become a full-time occupation for them. Studies have become secondary. “Here at Chiromo, there are betting groups, just like there are tutorial groups, but the betting groups are superseding the tutorial groups by the day,” said Rago. I asked him why many of these betting groups are mostly composed of male students. “Male students are ardent football followers, which they have done for a long period, so they have a knack for better and greater analysis and I also suspect they are not averse to risks.”
But that does mean female students do not bet, said Rago. “They do, but they are not in the forefront. And, because they are not as adept analysts like their male counterparts, they rely on ‘seasoned analysts’ to predict for them.” Many of the so-called seasoned analysts run online advisory chats on Telegram applications. “They are also WhatsApp advisory chats, but many gamblers prefer the Telegram app,” said Rago. He said the Telegram app is preferred because your contact details are not exposed to everyone. Unlike WhatsApp, where, if you have to belong to a chat group, you must share your mobile phone number, the Telegram app is created such that it is controlled by a sole administrator and he or she does not need to know your telephone number to chat with his or her clients.
“One of the biggest of these Telegram app online ‘professional predictors’ is called Binti Foota,” said Rago. Ostensibly targeted at females who do not have the time to analyse or follow football matches religiously, it has an accumulated a following of nearly 19,000 gamblers. “What the betting craze has done is to spawn another industry, which is feeding into the gambler’s addiction,” said Rago. “So, for KSh530 a fortnight, Binti Foota can help you predict the outcome of football games. If you pay her KSh1,030, the site can predict for you for 34 days.” Rago said many of the female students who bet make the bulk of Binti Foota chat followers. “Binti Foota’s identity is not known, neither does she have to know the identity of her clients. So, if you are dissatisfied with her analyses, what you can do is migrate to another prediction site, or bad mouth her on a different site,” said Rago.
Social anthropologists say that the social costs of gambling are huge, and include bankruptcy, homelessness, suicide and domestic violence.
The student told me these online “professional predictors” had been infiltrated by online scammers, who have been conning people of their money in the guise of helping them place winning bets. “Many of the so-called online analysts and professional predictors are just scammers preying on the gambler’s addiction.” Scammers from as far as Nigeria have opened Telegram chat groups that pronounce how they have helped people win hundreds of millions of shillings. And because people are predisposed to greed, they fall prey to such scams,” said Rago.
He added that because of the obsessive compulsive disorder (OCD) behaviour displayed by the student gamblers, most of these students tend to neglect their studies and suffer from pendulum-like mood swings that are unpredictable. Rago told me of the Kenyatta University second-year student who committed suicide last year. “The student bet all his tuition fees – KSh80,000. What he did was to place two bets: KSh40,000 each. The odds were high, but he took the risk, convinced he would at least win one gamble. When he lost both bets, his world came crumbling down.”
Social anthropologists say that the social costs of gambling are huge, and include bankruptcy, homelessness, suicide and domestic violence.
The bigger the odds, the greater the risk, the higher the rewards is a principle many gamblers abide by, hoping to cash in on the odds they have placed. Many times, the risk is not worth it, “but then”, said Rago, “gambling is a compulsive behaviour disorder that overtime grips gamblers, who like alcoholics, to cure their alcoholism, must first accept they are suffering from an alcohol problem. Gamblers must also come to terms with their odd behaviour that drives them to bet compulsively.”
A consultant periodontist described to me how self-destructive compulsive behaviour disorder can be. A part-time lecturer, he narrated to me how one of his best students pulled out of class in his third year. “Aaah daktari, this course is taking too long: my peers are making money out there and here I am slogging through an unending degree course,” the student replied when he asked him why he had decided to pull out of medical school. “To my consternation, I did not know he had been betting on the side,” the consultant said. “I was told that his friends were boasting to him that by the time he is finished with his medical degree, they would be owners of real estate and funky vehicles.” His friends apparently were full-time gamblers and some had shown him their bank slips.
The consultant said he should not have been overly surprised: some of the young doctors known as registrars have become master gamblers. “In between their clinical rounds in the hospitals, the physicians are glued to their smart phones busy betting, so much so that one would be inclined to think that betting is one of their examinable units.” But the most shocking revelation came when he learned that some parents were encouraging their children to bet, oblivious of the dangers they are getting their children into.
I met a senior-level manager at one of the better known sports gaming companies for a chat in their posh offices in Nairobi. If a company’s employees is an indication of who its clientele might be, this sports gaming company told it all: The employees I saw were young – hardly more than 33 years-old with a look that declared: “We are here, we have arrived”. “It is not true sports gaming companies are impacting negatively on the Kenyan society, much less its youth,” he ventured to tell me. “This is a wrong notion that is being perpetrated by the mainstream media. It has become all hype and no substance. What I want are facts and figures, not emotional lurid stories.” He reeled off from his head the statistics from a recent poll conducted last November to find out how Kenyan youth are spending their money. “The survey, GeoPoll, showed that 26 per cent of the youth spend their money on saving and expenditure and only five per cent spent their money on betting. Which youth is this that is being destroyed by betting? The Kenyan media is obsessed with sensational reporting,” said the manager.
Implications of Sports Betting in Kenya – a study conducted by Amani Mwadime and submitted to the Chandaria School of Business at the United States International University in Nairobi in 2017, estimates that 2 million people in Nairobi alone participate in online betting.
The manager, who is not authorised to talk to the media, described betting as an entertainment and said people are entitled to some fun, some leisure, albeit in a controlled environment. “We operate under the rules and obligations of the Betting Control Licensing Board. We are therefore legitimate. What is destroying the youth is not sport gaming companies – on the contrary – it is the so-called amusement machines that are now found all the over the place, including villages in some far-off counties. Those machines are the problem: they are illegal, unregulated and accessed by all and sundry. Of course, most of them are used by pupils and students alike, who are yet to be of the adult age, that is above 18 years. That is what the government and the media should be concerned with and not licensed, legal betting companies,” pointed out the manager. The government should clamp down on these machines, not ask sports gaming companies to part with astronomical taxes – “it just does not make sense. We are a business, not a philanthropic company. The government is being unreasonable when it says sports gaming companies are making so much money, so they have to pay taxes that are pegged to their turnover. It never happens anywhere in the world.”
Implications of Sports Betting in Kenya – a study conducted by Amani Mwadime and submitted to the Chandaria School of Business at the United States International University in Nairobi in 2017, estimates that 2 million people in Nairobi alone participate in online betting.
The manager said his company has a cap on the amount one can bet in a day: KSh20,000. “I should let you know, we are not reckless. We also do not want people to overstretch their enjoyment.” Sports gaming companies and casinos consider gambling a “victimless” recreation, and therefore, a matter of moral indifference.
The sports gaming companies are up in arms because the government has asked them to pay 35 per cent on their monthly turnover in taxes. “And do not forget we still have to pay the annual 30 per cent corporate tax. Some people are misadvising the government,” said the manager. This “misadvising” began last April, 2017, when Henry Rotich, the Treasury Cabinet Secretary, proposed a 50 per cent tax on sports gaming companies when he presented the national budget. He also came up with the Finance Bill, which President Uhuru Kenyatta refused to sign, insisting sports gaming companies ought to pay the 50 per cent tax.
Social scientists agree that gambling blurs the distinction between well-earned and ill-gotten wealth.
When the matter was taken up by Parliament, it was shot down; parliamentarians rejected the 50 per cent tax idea and said that the tax should remain at 7.5 per cent. “Now we don’t know where this 35 per cent is coming from. There is a misconception about sport gaming companies in this country: That we make abnormal and humongous profits. The most profitable company in Kenya is Safaricom. I have not heard the government say, since Safaricom makes billions of shillings, they should pay higher taxes than what they are paying currently, because they happen to be making tonnes of money.”
I told the manager that my preliminary inquiries on the betting mania, especially among the youth, is that it is distracting them from productive activities, be it studies or work. I also told him that betting is unwittingly creating among the most productive cadre of Kenyans a false notion that gambling can be considered an economic activity.
“Kenya is not a theocracy and gambling has existed in independent Kenya for the last 50 years,” shot back the manager. “Where is all this hullabaloo about sports gaming companies coming from suddenly? I sense business envy here from some (powerful) quarters. Could be it that some people are sore because they cannot believe they missed an opportunity to make money?” The manager told me that a tycoon close to the powers that be fought one of the sports gaming companies when it started its operations, arguing that these companies were corrupting the morals of the youth. There are currently 25 sports gaming companies in Kenya, according to latest Kenya Revenue Authority (KRA) statistics, which were compiled last year in June.
“The argument about morals is both laughable and superfluous,” said the manager. “What then should we say of alcohol? Shouldn’t the government then shut down all the bars and drinking dens to curb alcoholism? What about beer and liquor manufacturing companies? Shouldn’t the government tax them an arm and a leg because they encourage our youth to drink? Alcohol is not only harmful to their health, but also leads to anti-social behaviour.” The morality argument falls flat on its face, said the manager. “That is the province of the purveyors of heavenly realm. I have not heard them say betting will take the youth to hell or that they are engaged in a sinful activity. ”
The manager dispelled the notion that betting and gambling are reckless behaviour. “Life is about gambling. Did you know prayer is a gamble? Everyday people are offering prayers to God, which are not fulfilled. Yet, they continue praying and they will not stop. At least we fulfil part of our bargain by paying people for their gambles. I can tell you this without a shadow of a doubt, we are going to create millionaires like no industry has done in modern Kenya.”
Anecdotal evidence shows that online betting is impoverishing poor people and reducing their levels of productivity. Dr. Mukhisa Kituyi, the Director General of the United Nations Conference on Trade and Development (UNCTAD), recently observed: “:….you are seeing sports gambling in Kenya today, but nobody is telling the gambling firms not to accept money from poor gamblers. It is the poor who must be told that they will live with the consequences of dreaming that gambling is an investment.” It is a fact that gamblers are drawn disproportionately from the poor and the low-income classes, who can ill afford to gamble: they are susceptible to the lure of quick imagined riches. This class of people are in financial doldrums and other societal tribulations that make them vulnerable to fantastic dreams of sudden wealth.
A tax expert who did not want his name revealed said, “One of the sports gaming company’s act of sponsorship withdrawal can be interpreted as an act of industry intimidation. The company is taking advantage of the fact that there is no direct evidence attributing societal problems to its activities.” Sportpesa, one of the better known gaming companies, withdrew its sponsorship of 10 sporting entities in Kenya that it was supporting after the government asked all sports gaming companies to pay an upgraded tax of 35 percent.
The tax consultant pointed out that Chapter 12 of the Kenyan Constitution on public finance management requires the creation of a tax system that promotes an equitable society. “Translation: Sports gaming companies such as Sportpesa are obliged to engage in good management practices by not holding the country to ransom, and using scaremongering tactics and threats such as job losses, withdrawing to another country or jurisdiction.”
Social scientists agree that gambling blurs the distinction between well-earned and ill-gotten wealth. I thought of the young man Njoroge – smart and forward-looking – yet, gambling, a debased form of speculation, had reduced him to lusting for sudden wealth that is not linked to the process that produces goods or services. Through gambling he hopes to grow wealth without actually working for it.
THE BATTLE FOR KENYA’S SOUL: Will history absolve them?
Perhaps the timing was wrong. Or just right. Soon after the Miguna Miguna arrest-and-deportation circus began, I opened an autobiography I had just been gifted. The book, Walking in Kenyatta’s Struggles, by Duncan Ndegwa, came highly recommended. Little did I know what I was in for.
Duncan Ndegwa was Kenya’s first Head of Civil Service and its second Central Bank Governor. He was in the sanctum sanctorum in those early years. His story promised to be insightful, if not tantalising, revealing the many struggles Kenya’s first president, Jomo Kenyatta, faced. But it made me angry.
I wasn’t sure why I got angrier and angrier after I got past the diversionary chapters on culture. But I did. Eventually, I scanned through my notes and scribbled them in pencil on one of the blank pages at the back of the book. Then it all made sense. I was reading the past while it was happening in my present. If the past was ever a prologue, Kenya in 2018 is it. We are stuck in a destructive cycle.
Quick, try placing these two statements in the last five decades of Kenya’s history:
- He openly warned the media against misusing press freedom to “misinform the public”.
- He was charged with treason, which was later changed to the lesser crime of incitement.
The first entry is from a speech by Tom Mboya in 1962, but those words have been used many times since. They could as well have been said by Argwings Kodhek, or his boss Jomo. Or in 1979, when newspapers were ordered not to publish an opinion poll. Or by Kalonzo Musyoka in 1990, when he filed a motion to ban a newspaper from covering Parliament proceedings. They could even be taken from John Michuki’s infamous “if you rattle a snake” retort.
The second statement refers to the short-lived treason charge against Maina Kamanda in 2001. He had said that President Daniel arap Moi should be shot in bed if he tried to extend his term. The charge of treason, the crime of betraying one’s country, has been a constant threat against outspoken opposition MPs since independence. Whether applied in 1971 or in 2018, this weighty threat is still firmly in place.
The way the state speaks with those it governs has barely evolved over the last six decades. That’s because although the faces have changed, the essence of the state hasn’t; it hasn’t even kept up with those it governs.
You’ve heard both phrases lately, and you will hear them again. These are what the academic Joyce Nyairo calls “the grammar of the state”. The way the state speaks with those it governs has barely evolved over the last six decades. That’s because although the faces have changed, the essence of the state hasn’t; it hasn’t even kept up with those it governs.
Tyranny of the accursed
In many ways, the last decade has felt like a marathon through the first 30 years after independence. The son wants to eradicate the same things that his father promised to focus on 55 years ago. Detention without trial is back. We have launched wars on human rights, a new constitution, devolution, and Somalia. The concerted effort to reset to the KANU code is in full gear. We are back to essentially a one-party state with a growing greed and hold on all arms of government. We have the makings of a Sun King who can do no wrong, and in whose wisdom and undying love for our wellbeing we must trust.
There’s a tough-talking Interior Cabinet Minister with a disdain for the law and basic decency. Our maize scandals are now an annual thing and pilfering from the state is now a legitimate way to join the upper ranks of society. A fake political rivalry continues to eclipse real social and economic issues. Politics has become entertainment in all but name, an expensive escape from realities. We are now numb to theft of land, taxes, and even borrowed money, in this dark comedy.
This reality is not accidental; it was the entire purpose of the creation of the Kenyan state. In his treatise on this, Darius Okolla says that this founding ethos of the colony never went away. In fact, in the last sixty years and four presidents later, it is even more entrenched. Now as then, the needs of a few appear as the needs of the many, as do their problems. “Personal problems” are not the same as the “you” in “security starts with you”.
Of the many adjectives Okolla uses to describe the Kenyan elite, the one that sticks out the most, is “zombie”. The image of the undead it conjures is a reminder that while elites may try to extricate themselves from the society they actively ruin, they cannot detach themselves from it. The problem is their myopic view of what the Kenyan state could be, as becomes clear in Ndegwa’s memoirs. The men around Jomo deified him, and even when he was senile and dying, shielded him like one would a monarch. It wasn’t Jomo the man, or the icon, that they worshipped, but the head of this zombie elite. He wasn’t just actively refusing to build a formidable Kenyan state; he was leading the way in destroying it.
A constant argument I’ve heard is that it was important for Jomo and Moi to rule as they did because they had inherited a traumatised society. The argument is that such a society is fragile and needs a firm hand to guide it through the healing process. It is the dangerous justification for “benevolent dictatorship”. That firmer hand promised repeatedly by Jubilee mandarins before and after the last election is a slippery slope. It is the same one with which the opposition handles its internal elections. This argument is back in our news diet, based on the same laws and ideals. What’s missing from it is that this “firmer hand” traumatised society in more ways than the colonial unit had, more so because the black aristocracy had no direction or plan beyond acquisition.
Publicly, and in such personal records as memoirs, this elite class continuously pretends it worked for the good of the country. But it turns out that our definition of country differs. For them it was a running plantation that requires little or no input, where a slave working class is either a vote, a weapon, a taxpayer, or all three. To keep this intact, the greatest inheritance Uhuru’s fathers left him was an assortment of oppressive colonial laws. They retained that same colonial attitude to dissent, peasant revolutions, and oaths. Laws on treason, sedition and secession remained untouched. Some were even shored up and legitimised as necessary, such as the Emergency laws.
Of the many adjectives Okolla uses to describe the Kenyan elite, the one that sticks out the most, is “zombie”. The image of the undead it conjures is a reminder that while elites may try to extricate themselves from the society they actively ruin, they cannot detach themselves from it.
Inherited from a monarchy, these laws were designed to protect and deify the throne. They protected their perceived God-given right to rule, and fenced off the rituals, like oathing, that even attempted to challenge this. For example, the law used to arrest Miguna Miguna was passed in 1955 to fight the peasant irredentism that was the Mau Mau. Another interesting fight in the last five years was whether governors could fly official flags on their cars. In a pseudo-monarchy, the symbols of power, such as flags and oaths, must be protected to legitimise the power of the few, even among themselves. Yet that legitimacy remains shaky at best.
The identity problem
Two significant events will take place between now and 2020. The first is a census, in 2019, that will no doubt be assessed more for its political meaning than its socio-economic importance. We will be on the upper layers of 51 million people by the end of this year, with a net gain of one person every 25 seconds. Most of this population is under 25, and with a life expectancy of 62 years, is not even halfway through its lifespan.
Yet, given our deliberate and structured apathy to the destructive parts of our history, it will not be a surprise if the same conversations are still around in 40 years. Then, on June 11, 2020, most of mainland Kenya will mark a century since it was carved out as a colony. The 12-mile coastal strip will follow two months later, and the north five years after that. With that, the entire patchwork that is the Kenyan state will be a century-old. But the Kenyans within this boardroom experiment will still be struggling with what exactly it means to be Kenyan. Kenyanness is still a weapon, as shown by the cases of Ernsteine Kiano, Sheikh Khalid Balala, Miguna Miguna and Mohammed Sirat. All four found themselves “unKenyaned” for their personal and political stands, as if being born in a particular place (or married in, in the case of Ernsteine) should not be the foundation of all rights and inheritances.
Our zombie elite, united only in greed, has ensured that it remains the main cast. Their whims and fights steal newspaper acreage from the people. It is not just about publicity; it is part of their innate desire to live forever, to be “remembered well” even when they have done bad things. It is a blood relative who, after years of self-imposed exile, returns to the family fold when he’s diagnosed with a terminal disease. His reason? Because he needs his people to bury him.
In Ndegwa’s book, there’s a way he talks about the Shifta War that is both condescending and revealing. First, the state of emergency that allowed Jomo and Moi to rule the North-East by decree was illegal. Ndegwa says as much, but cheekily defends it as a necessary breach of the law. Second, there is an appalling distance in the way he talks about an attempt to deport all Somalis from Eastleigh, and his failure to follow an order from his boss in a related event. The worst thing about this “othering” is that it is not unique to him or to the Jomo administration; it is a tool used by politicians even today.
The future of the Kenyan experiment
There is no Kenyan identity to reclaim. It has never existed, and there’s a possibility it might never exist. There are layers, yes, between officialdom and what we actually are and want to be.
I encountered this properly when I wrote “Nicholas Biwott was Not a Good Man” in response to the flurry of hagiographies that followed his death. The things in that obituary were common knowledge, but they were missing from the most read obituaries. My article was followed by statements like “Africans don’t speak ill of the dead”, which is a lie. My subject had himself been obsessed with his legacy, probably being the first among Kenya’s elite who paid to have the Internet scrub off any bad stories about him. If anything, Biwott epitomised the murk of the zombie elite. For him, the problem wasn’t that he wasn’t contrite about the lives he had ruined in his quest for wealth and power, but how history remembered him. He escalated (and demanded) the official silence we somehow now believe was a precolonial thing. We collectively censor “bad” stories about public figures, in much the same way that sexual predators roamed Hollywood for decades, unpunished.
Our zombie elite, united only in greed, has ensured that it remains the main cast. Their whims and fights steal newspaper acreage from the people. It is not just about publicity; it is part of their innate desire to live forever, to be “remembered well” even when they have done bad things.
But the problem is that when official histories are written, people like him will get away with their contribution to the stagnation of the Kenyan state. Their concerted efforts to keep our identity in stasis, by both feeding off the land and actively trying to shape how such stories survive, will be lost in the threads of history. The elite of the day will actually promote this, not because of any other reason but a desire to sustain this destructive form of memory. It will still permeate through our social networks as if death, by itself the only certainty, somehow cleanses one of all the evil one has done.
In The Burden of History, American historian Hayden V. White wrote that “…we require a history that will educate us to discontinuity more than ever before; for discontinuity, disruption, and chaos is our lot.” There’s nothing like an objective history, White argued, because while historical facts are scientifically verifiable, stories are not. And societies are built on stories. If you control a society’s stories, whether through censorship, tyranny, litigation or official narratives, you control its future.
Here, the resurgence of the KANU state is not as scary as it should be because we are eternal optimists. Because in the way stories are distilled, present-day problems are new and the solutions for them haven’t been tried before. Our institutionalised amnesia is not accidental, and neither is our official silence. But in our homes, and in bars and next to church noticeboards, we whisper to each other about the true state of the nation. We have learnt to accept the dichotomy between what makes it to official history, which includes media and eulogies, and what we discuss outside of it. This allows us to live double lives, and to drive our society further up the pedestal from which it will eventually collapse.
Our institutionalised amnesia is not accidental, and neither is our official silence. But in our homes, and in bars and next to church noticeboards, we whisper to each other about the true state of the nation.
In a discussion I had about Ndegwa’s memoirs, an acquaintance told me I was being harsh on the old man. I offered that the purpose of memoirs is not just to tell one’s story for one’s legacy, but to fit it in a slot in the sands of time. Its purpose is to invite us into a journey that is not our own, to see and experience a different life. It is not just that we might learn something about the author, but that we might also learn something about ourselves. What I learnt about us from that book is that we are stuck in a cycle that can’t be sustained.
That was primarily why Walking in Kenyatta’s Struggles pissed me off so much. In Ndegwa’s boastful stories about how he and others deliberately undermined devolution, subverted the constitution and ostracised entire regions, I saw the men and women around Uhuru Kenyatta today. When they are aging and obsessed about their legacy, they will try to justify turning Kenya into the tyranny it is swiftly becoming. Memoirs will speak of the common good that is national security, and why ignoring court orders was the only choice. They will celebrate the handshakes and the failed projects. People who are actively destroying this society today will become “statesmen” and “stateswomen”.
And the taxpayers in this jua kali nation will let this be. In the coming years, they might even replace them in the list of great nation builders.
But will history absolve them?
HOW TO LOOT AN AFRICAN COUNTRY: Will unsustainable debts lead to state capture in Uganda?
In January 2018, at the annual Makerere University Tumusiime-Mutebile Centre of Excellence (TMCE) Business Dialogue, the Ugandan Minister of Internal Affairs, Ruhakana Rugunda, stated that Uganda was now in a position to finance 70% of its budget. However, despite the rosy declaration by the National Resistance Movement stalwart, all indications point to an economy in free fall and one not poised to make major economic breakthroughs.
Basic healthcare remains a serious challenge: despite a commitment made with several other African countries to allocating 15% of their budgets to the health sector, Uganda allocates less than 10% (just over 6% this year) of its budget to health. A cholera outbreak in western Uganda in late 2017 signaled yet another drug stock-out. There were reports from the central region of a lack of drugs to treat hepatitis-B. A major drug and consumables (e.g. gloves) shortage was also reported in Mbale in eastern Uganda in January 2018. The Mbale Regional Referral Hospital, which serves a catchment area of four million people, had received no drug consignments for two months.
Then in February this year, the Parliamentary Accounts Committee announced that a loan taken in 2016, in part to pay for drugs bought by the National Medical Stores, was not in fact passed on to the organisations for which it was borrowed. The Speaker of Parliament ordered a special audit to establish the use of the money.
At the beginning of the year, news filtered through that universal secondary education was being scaled back, with the facility being closed in some 800 private schools that have been implementing it through public-private partnerships. Over 200,000 students are expected to be affected.
The Secretary to the Treasury, Keith Muhakanizi, has so far explained that the funds were used for general budget support required in the last fiscal year: to plug a UGX 288 billion revenue shortfall, supplementary expenditure of UGX156 billion, and to substitute more expensive domestic borrowing amounting to 280 billion Uganda shillings.
Parliament is up in arms because when approval for the loan for budget support was first sought, it was rejected. Following a revised request emphasising the need for essential drugs, the request was approved. However, Parliament says it was duped as the beneficiaries were never advised about the arrival of the funds.
Muhakanizi is adamant that the money was banked in the government’s consolidated fund, along with all other sources of funds, and disbursed in the usual manner. One source says it is clear from the loan documents that it was never tied to the purchase of drugs. Furthermore, it appears that Parliament approved the loan on verbal presentations as to its usage, not on the loan documents. If this is so (the Auditor General is still investigating), then Parliament has revealed itself to be negligent in scrutinising and approving loans.
The underlying problem appears to be that, even with the PTA loan, there were simply insufficient funds for government business and the Treasury was unable to disburse all the money required by all sectors, even for essential expenditure like drugs. (Non-essential expenditure seems easier. It will be remembered that in 2016 a gratuity of UGX6.2 billion was paid by the President to 42 celebrity public servants as a reward for carrying out their ordinary duties. The Secretary to the Treasury was part of this privileged group.)
Contrary to Rugunda’s misleading claims in January and talk of an “economic take-off”, the country is in fact struggling to finance 47% of its budget through revenues, according to Parliament Watch, an independent NGO; the other 53% is to be financed by more loans.
The cash crisis persisted in 2018. At the beginning of the year, news filtered through that universal secondary education was being scaled back, with the facility being closed in some 800 private schools that have been implementing it through public-private partnerships. Over 200,000 students are expected to be affected.
This is not surprising as there has been a shortfall in expected revenues of UGX300 billion in the first half of the current fiscal year, according to the Finance Minister, Matia Kasaija. The shortfall is expected to double by the end of the year. By way of explanation, Kasaija claims that the budget estimates for 2017/1018 were wrong in some cases and there have been unexpected expenditures in others. The upshot, says Kasaija, is that ministries, departments and agencies have put in requests for an extra UGX2.3 trillion. This is needed for salaries, pensions, security and social assistance grants to low-income households, energy, as well as for the development budget. So far, only 38% (870 billion) of the excess expenditure has been approved in supplementary budgets.
Speaking of energy, Uganda is also experiencing a shortage of petrol. As with all fuel shortages, explanations include the refurbishment of infrastructure for the storage and transport of fuel, limited international supplies, delays in the construction of a pipeline from Kenya to Uganda, Kenyans, and myriad other excuses. What is not clear is why Uganda’s statutory fuel reserves are not replenished and in fact reserved for such emergencies. Why are the fuel reserves sold on the open market?
At the time of writing, news of the Uganda Police’s budget woes broke. The latest quarterly treasury release of UGX137 billion is sufficient only to fund operations at the Inspector General of Police’s headquarters and in three administrative regions, namely, Kampala Metropolitan, East Kyoga, Sipi and East Rwenzori. This means other operations, including criminal investigations and intelligence in Northern, Central and much of Western Uganda, are not funded. The Inspector General of Police has explained that operations will be rotated i.e. the next release will be used on operations in the areas that lost out this time.
Even though food is provided for, the association of police suppliers has suspended supplies while it demands payment of UGX 33 billion in arrears. This figure almost exactly matches the amount the police expects to spend on tear gas alone in a year. Total police arrears amount to UGX125 billion or a quarter of the annual budget. Suppliers have claimed that they are often threatened when pushing for payment.
The Indian entrepreneur Anil Agarwal who bought Konkola tells the story of how he did not even have US$4 million at his disposal when he approached the Zambian government but “took a chance” and offered US$25 million for the mines. There may be some details missing from his account, but he claims that some months later, when he had forgotten about his offer, he received a telephone call from Zambia and a voice said, “The mines are yours.”
Primary health, education and transport – all designated as priority areas for development – are affected by what can only be the slow-motion collapse of the Ugandan economy. Contrary to Rugunda’s misleading claims in January and talk of an “economic take-off”, the country is in fact struggling to finance 47% of its budget through revenues, according to Parliament Watch, an independent NGO; the other 53% is to be financed by more loans. Foreign exchange fluctuations and further falls in commodity prices could make the situation worse.
Konkola, Hambantota and other stories
The trouble with loans to administratively weak countries and to full-on captured states is that they are irresponsibly used and are unsustainable. It is also public knowledge that significant portions of public funds, which would include loans and grants made to the government of Uganda, if not squandered are stolen outright.
Unsustainable debt will eventually lead to a loss of Uganda’s ability to even generate income. Prime examples of this dynamic would be the Konkola Copper Mines in Zambia, Hambantota Harbour in Sri Lanka and Mozambique’s liquid natural gas deposits.
In 2014, under pressure from the World Bank to repay its debt, the Government of Zambia sought to sell Konkola, Zambia’s largest copper mines. The price was set at US$400 million, presumably after professional evaluation of Konkola’s potential revenues. The Indian entrepreneur Anil Agarwal who bought Konkola tells the story of how he did not even have US$4 million at his disposal when he approached the Zambian government but “took a chance” and offered US$25 million for the mines. There may be some details missing from his account, but he claims that some months later, when he had forgotten about his offer, he received a telephone call from Zambia and a voice said, “The mines are yours.”
He then found himself in the presence of President Mwanawasa and later the Zambian Parliament, being hailed as a great man. Addressing an investment conference in Bangalore in 2014, Agarwal boasted that Konkola had earned his company, Vedanta, between US$500 million and US$1 billion annually since he bought it – more than even its original sale price.
Another example is from Hambantota on the southern tip of Sri Lanka, which derives from an ancient civilization noted for its irrigation and prosperous salt production industry. The harbour is the site of a port built in 2010 with a loan from China. A feasibility study for international ship-building, repair and freight services looked good on paper. However, like Uganda’s budgets, the feasibility study did not pan out and Sri Lanka defaulted on the loan repayments. Under the terms of the agreement, the harbour became the property of China for the next 99 years. There was an outcry, of course. Issues such as the initial viability of the loan were raised. Readjustments followed and now the harbour is a joint venture between China and Sri Lanka. Joint ventures managed by economic predators are no more profitable than unsustainable loans.
The existence and terms of loans – the properties mortgaged – remain a state secret. It is possible that when (not if) Uganda defaults, public assets or whole districts could become the property of the People’s Republic of China, just like Hambantota harbour.
More recently, in 2017, Mozambique lost future revenue from newly discovered natural gas deposits when the government defaulted on secret loans of US$2 billion. There too, a dodgy feasibility study showed that the loan was sustainable but it turns out it will take Mozambique ten years and most of the gas income to cover the loan and penalties for defaulting. The military and fishing equipment that it was ostensibly used for was being searched for by an international audit firm. The fishing fleet bought with some of the funds was rusting in dock as the business proved to be a loss-maker from the start. The government admitted that the fishing project was, in fact, a front for military acquisitions.
Of the many accounts of the Mozambican debt crisis, Ugandans and citizens of other developing countries should at least read the one by Bodo Ellmers of the Committee for the Abolition of Illegitimate Debt, if only to form an idea of how our own oil discoveries could be squandered even before commercial production begins.
Naturally, after following developments in Zambia, Sri Lanka and Mozambique, one becomes nervous about Uganda’s situation. The existence and terms of loans – the properties mortgaged – remain a state secret. It is possible that when (not if) Uganda defaults, public assets or whole districts could become the property of the People’s Republic of China, just like Hambantota harbour. Chinese extractors are already mining the Lweera Wetland for sand at an industrial rate. The question is, could this official departure from national environmental policy be part of a secret concession sold to the Chinese by the usual suspects?
Is there a danger that title to or rights in other state assets will be or have been transferred to someone like Anil Agarwal or the Guptas, now that the latter have been flushed out of South Africa? It is a reasonable question, patriotic even, given that Uganda is a veteran of cartoonish business deals.
Uganda is still in the normalisation-of-fraud phase during which the illusion of a country on the move is perpetuated.
A recent Department of Justice statement revealed the modus operandi for looting state assets employed by predator “investors” and their local agents when it charged one Patrick Ho with bribing the Foreign Minister, Sam Kutesa, in return for assorted business favours for a Chinese state entity. These costly concessions included, but were not limited to, direct access to the President (resulting in) extended tax holidays, free land by the square kilometer, forests, transfers of public machinery and plants on promises of future payments after they become profitable, and so on. It is in the public interest that Parliament investigates the sustainability of Uganda’s entire debt burden and what the country stands to lose in the event of a default.
Restitution of control
The process of recovery from this parlous state will not be easy. Taking South Africa as an example, a state under the control of regime stalwarts and foreign divestors – the Gupta brothers – it took the constant coordinated efforts of the Economic Freedom Fighters to oust ex-President Jacob Zuma by: a) keeping the public informed about the inner workings of the regime; and b) naming the perpetrators. Working within the law, the EFF rejected attempts to normalise state capture by repeatedly bringing government business in Parliament to a halt. The resulting international spotlight on South Africa made Zuma’s position untenable. He resigned days after he was unable to make a last State of the Nation address.
Uganda is still in the normalisation-of-fraud phase during which the illusion of a country on the move is perpetuated. Increasingly elaborate state functions, like the Budget Speech, the State of the Nation address and Independence and Heroes day celebrations belie the desperate realities.
Meanwhile, envoys from complicit countries continue to make high-profile visits to Ugandan government officials, even those implicated in financial scandals. The World Bank and the International Monetary Fund churn out evaluation reports deliberately fabricating achievements and downplaying the impact of failures in administrative and economic reforms. Concrete examples can be found in the evaluation of the Economic and Financial Management Programme, the Public Service Performance Enhancement Programme and the Education Sector Adjustment Credit. 
Until the Ugandan Parliament recognises the capture of the state for what it is, and by whom, and becomes serious about scrutinising public debt, Uganda is going nowhere.
 For records of misleading World Bank reports on Ugandan projects, see Mary Serumaga, The case for repudiation of Uganda’s public debt, 8 December 2017 by Mary Serumaga published by the Committee for Repudiation of Illegitimate Debt.
WADING INTO TROUBLED WATERS: A message to Kenya’s youth
*This reflection is dedicated to my spiritual son, Jesse Masai, and several others like him who constantly wrestle with the question of their responsibility to the Republic in this season.
An old proverb says, “We have not inherited this land from our forebears, we have borrowed it from our children.” Here, we are debtors and owe our children a prosperous future.
The extent to which we develop our democratic institutions, entrench the rule of law and build a prosperous economy shows our obligation towards them. The dream of a land of freedom, where individual rights are guaranteed and where all prosper is fast turning into a frightening nightmare. The once-abhorred Nyayo era, marked with authoritarianism, state terror, press censorship and violation of human rights is back with a vengeance.
Throughout my writings, I have strenuously been trying to be non-partisan on party politics. This then is the article I thought I would never write: a candid assertion that a certain form of partisanship is now a moral necessity. The Jubilee government, as an institution, has become a danger to the rule of law and to the integrity of our democracy. The problem is not just President Uhuru Kenyatta; it’s the larger political apparatus, including Parliament, that made a conscious decision to enable him.
In a multi-party system, non-partisanship works only if all players are consistent democratic actors and subject to independent institutions that safeguard democracy. If one of them is not predictably so, the space for non-partisanship evaporates. I am thus driven to believe that the best hope of defending the country from Uhuru’s Jubilee enablers and saving the nation is to stage a public protest as Muthoni Nyanjiru and Nobel Laurent Professor Wangari Maathai did in 1922 and 1992, respectively. Protest against the government and Parliament until they get it right or implode!
The Jubilee government, as an institution, has become a danger to the rule of law and to the integrity of our democracy.
How can a prosperous future for our children be realised under these conditions? This is not how we pay the debt we owe our children. Today’s youth must not allow us to squander that future. There is an urgent voice calling for action now: “Wade in the waters, children…” Can’t we hear it?
The legendary Harriet Tubman, also known as “Moses” (who once had a US$40,000 price tag on her head for “slave stealing”), sung this song to alert the runaway slaves she guided to freedom. The song signaled to runaways: “Use the river so the hounds can’t trace you. Tonight is the moment for flight; move swiftly; the reaction will be fierce.” Harriet speaks to us today: Now is the time: stop this backsliding, “wade into the waters”, free our children from slavery. Wade into the waters, children!
This advice does not seem smart at first. Why would one want to jump into waters that God stirred up (described in the Bible as troubled)? For many Kenyans, the failure of the opposition NASA to guide them to Canaan is troubled waters. Under persistent attacks – many of them seemingly minor – democratic institutions in Kenya have been eroded gradually until they have failed. The undermining of the independence of the electoral commission, the police service and the free press has rendered our democratic process useless. Our waters are troubled in at least two possible ways.
Lately, we have come to regard the government as a danger to the Constitution of Kenya 2010. It has proved unable or unwilling to block assaults on the rule of law. If these assaults are normalised, they will pose an existential threat to Kenya’s future.
Secondly, our economy is being shackled with foreign debt. This act makes a mockery of the 2000 Jubilee campaign that pushed Western countries to forgive crippling foreign debts of the world’s poorest countries, including Kenya. It is irresponsible to deliberately and unnecessarily enslave our children’s future in debt, erasing their future ability to compete in this world.
There is an urgent voice calling for action now: “Wade in the waters, children…” Can’t we hear it?
Francis A. Schaeffer, warning in his book How Should We Then Live? is instructive to us in Kenya: “If we…do not speak out as authoritarian governments grow from within or come from outside, eventually we or our children will be the enemy of society and the state. No truly authoritarian government can tolerate those who have real absolute by which to judge its arbitrary absolutes and who speak out and act upon that absolute.”
A similar situation is playing out in a Kenya that negates the government’s claim to construct a prosperous future for our children. Instead of addressing these challenges, the government elects to shut down media channels that expose its incompetency and locks up critics who question its legitimacy. This is a perfect recipe for national rebellion.
Fredrick Douglas warned: “The thing that is worse than rebellion is the thing that causes rebellion.” Failure to address the causes of disquiet – and instead opting to use unconstitutional means to silence people – will be the Achilles heel of this government. This may have a tragic ending.
When Laius, the King of Thebes, is told by the Oracle of Delphi that his son will kill him and sleep with his mother Jocasta, the king pierces his baby son’s ankles and leaves him on a mountainside to die. This becomes the first of a sequence of events that leads to the Oracle’s prophesy being fulfilled. For a shepherd finds the baby and takes him to King Polybus and Queen Merope of Corinth, who name him Oedipus and raise him as their own.
Failure to address the causes of disquiet – and instead opting to use unconstitutional means to silence people – will be the Achilles heel of this government. This may have a tragic ending.
Later, Oedipus seeks the help of the Oracle of Delphi to know his parentage. The Oracle tells him that he’s destined to kill his father and sleep with his mother. Oedipus tries to run from this fate, but ends up running right into it. He kills Laius in a scuffle at a crossroads, not knowing he’s his real father. Later, he wins the throne of Thebes and unknowingly marries his mother, Jocasta, after answering the riddle of the Sphinx. When they figure out the truth, Jocasta hangs herself and Oedipus stabs out his own eyes. The Greek story ends in tragedy.
In the spiritual song – Wade in the Waters – those who will be blessed are urged to step into the waters first, before the angel of God comes. The song stresses meeting hardships with courage and “steady” faith; gather now and get ready, the healing is promised. Gather now, so that all will be among the first received and delivered by the gifts of grace that spring forth in dark times. While addressing young Germans in Stuttgart on the need to stand for human dignity, former United Nations Secretary-General Dr. Kofi Annan said: “You are not too young to lead, for to lead means to take responsibility and set example.” He explained, “When leaders fail to lead, the people can lead and make leaders follow.” For this very reason, youth in this country must wade in the waters and assume leadership to save their future.
But can we rely on the youth to deliver?
Harris Okongo Arara went to Chianda High School in Uyoma, Siaya County, the same school I attended. He was the best footballer and hockey player that the school ever produced. Upon completing his studies, Arara joined the Kenya Air Force. When he was in his 20s, he became an activist for change and courageously led the fight to end one-party dictatorship in Kenya. What he told a Nairobi court about to sentence him to jail for sedition on September 24, 1988, expressed the values he stood for and the vision he had for Kenya. He declined to plead for leniency or mercy. With confidence, he dismissed the courts’ right to judge him. Arara questioned why he should seek personal mercy while millions of Kenyans lived in misery. He was proud to join the company of those he called apostles, who attempted to rescue justice but found themselves in detention, prison or exile. He said:
The people of this nation are simply demanding their fundamental rights and freedoms. They are simply demanding their rights to a decent living, right to education, right to proper medical care, right to housing. In short, the right to be human beings. If that is sedition, so be it. These are the goals for which I have always fought, and for which I am prepared to die.
Arara was sentenced to a five-year jail term. This was his second stint in jail, having been in detention without trial for six years following the 1982 coup attempt. Arara had only been free for eight months at the time of this sentencing. He was wading into the troubled waters of the Nyayo era.
We learn history because through it we understand the sacrifices that were made before, so that when we make sacrifices we understand we’re doing it on behalf of future generations. It is possible to resist oppressive laws enacted by Parliament that undermine the Constitution and degrade human dignity.
In 1922, for instance, 27-years old Harry Thuku, the leader of the East African Association, was arrested for acting and speaking against “forced labour of women on the roads”. Officials of the nationalist association rallied African workers in Nairobi to go on strike. On March 15, transport workers, domestic workers and government employees deserted their workplaces and gathered in front of the police station where Thuku was being held. Makhan Singh, in History of Kenya’s Trade Union Movement to 1952, wrote: “As the crowd grew, a deputation of the East African Association, including Jomo Kenyatta, held a meeting with Acting Governor Sir Charles Bowring in his office.”
According to Audrey Wipper, who wrote the chapter “Kikuyu Women and the Harry Thuku Disturbances: Some Uniformities of Female Militancy in the Africa” in the Journal of the International African Institute, Nyanjiru and her stepdaughter, Elizabeth Waruiru, were among the city’s female workers who came out to demonstrate. Nyanjiru was a Kikuyu woman who had moved from the village of Weithaga in the native reserves to Nairobi. Addressing the strikers, Jomo Kenyatta announced the deal the East African Association deputies had reached with the governor: Thuku could not be released, but the governor had promised him a fair trial. He then urged the demonstrators to disperse.
It is possible to resist oppressive laws enacted by Parliament that undermine the Constitution and degrade human dignity.
Nyanjiru stood in the front of the crowd near Kenyatta as the demonstrators began leaving. She threw her dress over her shoulders and exposed her naked body, taunting the cowardice of the men and challenging them to stand up to Kenyatta. (In Ngugi wa Thiong’o’s A Grain of Wheat, Nyanjiru is presented as a woman who is incensed by men’s impotency against colonial oppression. She challenges men to swap their trousers for women’s skirts.) Nyanjiru threatened to lead the demand for Harry Thuku’s release if the men were too cowardly to do it.
The 300 women present ululated loudly. The strikers were galvanised by Nyanjiru’s actions and the women’s call to battle. Men who were beginning to disperse returned. A large section of the crowd rushed forward towards the armed guards. Nyanjiru stood only a few feet away from the guards, who had been on duty for 18 continuous hours. The guards kneeled and engaged their rifles at the command of the superintendent of police, Captain Carey.
In the end, 200 Kenyans died. Thuku was exiled, first to Kismayu, then to Marsabit, Witu and Lamu. But as Bryan Ngartia observed in The Ageless Defiance of Muthoni Nyanjiru, “the sacrifice wasn’t all in futility. The tax was reduced from 16 shillings to 12 shillings and was never again raised for the sole purpose of filling labour needs. African grievances were given serious consideration.” This was the seed of struggle that matured in the later independence of Kenya.
Where Are Those Songs? Micere Githae Mugo pleads with our mothers today:
Where are those songs / my mother and yours / always sang / fitting rhythms / to the whole / vast span of life/? […] Sing Daughter sing […] sing/simple songs/for the people/for all to hear/and learn/and sing/with you.
In 1992, Prof. Maathai led mothers of political prisoners detained by the Moi regime to occupy Freedom Corner in Nairobi’s Uhuru Park. The government, in now familiar style, dispatched armed police to evict the women, who stripped naked in protest and defiance. Prof. Maathai was beaten unconscious and hospitalised, but the women of Freedom Corner eventually won. Prof. Maathai and her group of women also stopped President Daniel Toroitich arap Moi – at the zenith of his power – from building what would have been Times Tower, a complex associated with the ruling party, at Uhuru Park.
Women must wade in the waters and refuse to be silenced; they must fight for their children’s future. In her contribution published in The Inquiry in 2013, titled “Silence is a Woman”, Wambui wa Mwangi opposed the exclusionary, false, Gikuyu-centric narrative and ideological erasure of many other ethnic communities in the Kenyan story as told by Gikuyu men. She stresses: “Here, I also want to insist on the strong tradition within Gikuyu women’s culture of resisting tyranny, oppression, domination, and hubristic upumbafuness by the men.” Wambui is right to point us to the fact that authoritarianism has no ethnicity. We all sink under bad leadership.
Wambui is right to point us to the fact that authoritarianism has no ethnicity. We all sink under bad leadership.
In shorthand, the song “wade in the waters” admonished the community not to be like the paralysed man, who seemed unable to seize the opportunity and betrayed to the authorities the one who saved him. The song pairs those who made it to safety with the victims who fell trying. For those who made it through: who that dressed in blue?
And in the description of baptism, a hinted memory of those lost in the middle passage:
Chilled body but not my soul…
We remember that their sacrifices have given us our freedom, made the rule of law possible and set us on the path of prosperity.
I am suggesting that in today’s situation, we all should mount powerful public protest despite our party affiliation or policy position. Our demand should be: The rule of law as a threshold in Kenyan politics. Any party that endangers this value must disqualify itself. We must insist on unadulterated implementation of Chapter 6 of the Constitution of Kenya 2010. Period. Then, perhaps, we too would be wading in the waters.
Going forward, it is likely that public protest will be dealt with ruthlessly and may even be fatal for some, but there is gain for all that we strive for. In the face of brutality against dreams, let us consider the story of Joseph in the Bible. The brothers said, ” Come, let us kill him and throw him into one of these wells…Then we’ll see what comes of his dreams.” (Gen. 37:20) Here the irony could not be more explicit. The very act intended to frustrate dreams by killing the dreamer becomes the beginning of a sequence of events that make the dreams come true. Joseph went on a winding journey from slavery, to Potiphar’s house, to prison and finally to leadership in Egypt.
Let us demand the dreams of our children.
Carl Rosberg and John Nottingham, 1966: The Myth of ‘Mau Mau’: nationalism in Kenya. New York: Praeger.
Ngugi wa Thiong’o, 2012: A Grain of Wheat. Penguin African Writers Series, New York: USA.
Schaeffer, Francis A., 1976: How Should We Then Live? The rise and decline of Western thought. Crossway books Wheaton IL. USA
Singh, Makhan, 1969: History of Kenya’s Trade Union Movement to 1952. Nairobi: East Africa African Publishing House.
Wipper, Audrey, 1989: “Kikuyu Women and the Harry Thuku Disturbances: Some Uniformities of Female Militancy, Africa: Journal of the International African Institute, 59.3: 300–337
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