The Inspector General (IG) Joseph Boinnet’s recent pronouncement that the police had formed a special squad to deal with the Jubilee government’s critics confirmed what many believe to be a plot by the government to clamp down on opposition politics and what it considers to be individual “dissidents” and provocateurs.
The police’s daring move of snatching opposition National Super Alliance (NASA) MPs and supporters on highways and from their homes at the beginning of this year was preceded by the sensational episode when the secret police stalked and ambushed David Ndii late last year. The kidnapping of Ndii, NASA’s economic and strategic advisor, in a hotel lobby in the south coast of Kenya and his “midnight safari” from Mombasa to Nairobi and then straight to the Directorate of Criminal Investigations (DCI) at Mazingira House off Kiambu Road – the successor to Nyati House’s operations – is a strategy that the government hopes to continue using to harass the opposition as it seeks to legitimise its contested rule.
Ndii’s abduction and his 500km journey in the dead of the night on December 4, 2017, was a precursor to lawyer Miguna Miguna’s dawn kidnapping from his house in the suburbs of Nairobi and his eventual deportation to Canada.
Nyati House is an oblong-shaped, deathly grey, macabre building that has always been the site of eerie and mysterious police activities. It was a torture chamber reserved for Kenyans who differed with President Daniel arap Moi’s despotic rule. Nyayo House, a sister to Nyati House, also in central Nairobi, was the other torture dungeon. The five-floor, two-part symmetrical building, which is currently undergoing renovations, has always been unkempt and ghostly, with exit doors permanently shut with metal grills.
Ndii’s abduction and his 500km journey in the dead of the night on December 4, 2017, was a precursor to lawyer Miguna Miguna’s dawn kidnapping from his house in the suburbs of Nairobi and his eventual deportation to Canada. The suspension of passports of targeted NASA advisors and supporters that the Jubilee government categorises as consultants and politicians, is yet another tactic the Jubilee government is using to possibly scuttle and disorient a recalcitrant opposition.
The kidnapping and transporting of state opponents by the secret police in the dead of the night is a method that was perfected by the former Communist countries of Eastern Europe and apartheid South Africa.
The night journey
It is some minutes past 7.00pm on December 4, 2017, a breezy, cool Sunday. David Ndii is walking towards the lobby of Leopard Beach Hotel in Diani on Kenya’s south coast. Suddenly, he is accosted by two nondescript fellows who enquire from him whether he is David Ndii. It is evident from their inquiry that they are not sure of his identity. All the same, Ndii answers in the affirmative. They ask him to accompany them. His first instinct is to ask them, “Who has sent you?” To which the police officers answer, “DCI director Ndegwa Muhoro.”
The police officers plead with him to be cooperative and to just allow them to lead him to the unmarked waiting vehicles (in their minds, they are probably praying that he should not cause a scene that will interfere with their mission). Ndii hesitates momentarily – he was walking to the hotel reception with his daughter to pick his feature phone popularly known as mulika mwizi (literally translated as thief catcher) in the Kiswahili language. He turns towards the hotel room where his wife is. The officers follow him, but on second thoughts, he decides he should not let the police near his family and into his room. So he tells his daughter to tell her mum that there are some police officers who want to take him away.
Ndii has been at the south coast for three days. He came down from Nairobi to attend his wife’s nephew’s wedding. After the wedding on December 3, 2017, he decides to stay on with his family – after all, it was the holiday season and they could do with some beach holidaying. In hindsight, Ndii’s muses, “I should just have proceeded to the reception area. That way maybe I’d have made it difficult for the police to take me away.” He was charging his mulika mwizi because his smart phone had fallen into the swimming pool. When it rains…it pours. This was the smart phone that had all his contacts so he could not immediately call his friends to tell them what was happening to him.
Sandwiched between two police officers in the back seat of one of the vehicles, Ndii is calm, but his mind is racing with all manner of thoughts about what they are planning to do with him.
The police take him to two new Subaru Outbacks, and together they drive to Diani Police Station, which is a short drive away. While the two policemen are accosting him, five others are lurking under the cover of darkness at the hotel’s parking bay.
The Subaru Outback, just like its predecessor, the Peugeot 504 station wagon, is today the preferred get-away car of secret police covert operations. It is hardy, fast, powerful and a 4-wheel drive. The Peugeot 504 station wagons used in the 1980s and 1990s were all white in colour. Because the secret police used to be recruited from different police stations and regions, white was the identification code that allowed covert police to easily recognise each other. Other than white Peugeot 504 station wagons, the other covert vehicles the secret police used was white Land Rovers.
In Nairobi’s central business district, according to one police source, one out of every four Subaru Outbacks prowling the streets is a police car. They come in different shades, but the secret police prefer metallic grey and silver colours. At the Central Police Station on Harry Thuku Road, next to the University of Nairobi, you will find some parked there. It is here that the police keep on flipping their registration number plates depending on the nature and state of their undercover missions.
At Diani Police Station, the two police officers who had abducted Ndii from the hotel communicate with some “higher authorities” on what is to be their next move. After mobile phone consultations, they get back into the vehicles and head to Mombasa island. On their way to the Likoni Ferry, they pull aside several times to get instructions. They are constantly on their phones, talking to “higher authorities” who do not seem to have made up their minds what they want the police officers, who are seven in number, to do with Ndii.
Agitated and cursing, the police drive back to Diani Police Station and park outside. After they had driven away to Likoni, a crowd had gathered at the station demanding to know where the police had taken Ndii. The crowd was composed of the Leopard Beach Hotel’s subordinate staff. It occurs to Ndii that while at the hotel, the housekeepers, waiters, stewards and other workers had taken note of his stay at the hotel and had come to the station to support him. His wife was also at the station with opposition leader Raila Odinga’s daughter, Winnie. They demand to see Ndii.
Kandie unleashes a smartphone and proceeds to read from Tuko.co.ke, an online news website. Listening to Kandie read fake news purportedly about him and his “illegal activities” against the state, Ndii – who is visibly amused and aghast that he was tracked all the way to the coast on account of fake stories about him – tells Kandie, “There are four ways in which I communicate and engage with the public. I write a newspaper column, I conduct public speaking, I run a Twitter handle and I engage in TV interviews.”
The Officer Commanding the Police Station (OCS) threatens Mwende, Ndii’s wife, Winnie and the crowd, telling them they are “trespassing a police station”. This ridiculous statement shows that he did not expect a crowd to mill around his station so quickly and openly showing solidarity with a now well-known public figure. This whole rigmarole – of to-ing and fro-ing – takes two hours. Then they set off for Nairobi at about 10.00pm. The same ritual – of the vehicles pulling aside to receive conflicting instructions – commences yet again.
Sandwiched between two police officers in the back seat of one of the vehicles, Ndii is calm, but his mind is racing with all manner of thoughts about what they are planning to do with him. One of the thoughts that crosses his mind is: Could they possibly be planning to execute him, just like they had executed radical sheikhs from Mombasa who had been summarily assassinated a while back? He asks to be allowed to take a toilet break. They refuse.
One of the officers is carrying an AK47, which he places under the seat. This time they drive all the way to the ferry’s gangplank. At this time of the night there are few ferries, so they have to wait for one to make its return trip from the other end of the crossing. When they cross the ferry, they head to a Total petrol station in the city centre, where they refuel and check tyre pressure. It dawns on the police officers that they are set for a long journey – which apparently they had not planned or prepared for – because they loudly complain and grumble about it. “Shouldn’t they have forewarned us,” they seem to say.
They had barely passed through the Makupa Causeway when the police inside the vehicle carrying Ndii were already wondering loudly when they would arrive in Nairobi. They estimate that they will arrive in Nairobi around 7 the next morning They abruptly stop somewhere in the bush and tell Ndii that he can now relieve himself. It is pitch dark. They all come out, but Ndii finds this idea of stopping in the middle of nowhere in the dark night spooky and not amusing at all. When they had stopped to refuel at the petrol station he had asked to be allowed to go the toilet and but they had not let him.
Left seated inside the vehicle as the officers oversee the servicing of the vehicles, an eerie thought crosses Ndii’s mind: If only they could allow me to go to the toilet, I could find a way to melt into the street. The city streets of Mombasa are lively at night and there a lots of people milling about. The policeman who was in charge of the AK47 that he had placed under the seat pulls it from there and hands it over to the other policeman guarding Ndii. Instinctively, he asks Ndii: “Do you have a firearm?” “No, I have never owned a gun,” Ndii tells him.
After refuelling, they drive like crazy. Ndii wonders if they are on a suicide mission. “Is this their plan to kill me?” he thinks to himself. “Let me belt up”, he says to one of his captors as they overtake and overlap the multiple 24-wheel trucks plying the busy highway. They are driving like obsessed mad men. They stop at Mariakani to buy snacks for themselves. They ask him whether he wants anything. He declines. It seems that these policemen were plucked from their homes, not having eaten supper, and not fully briefed on the nature of the mission they were supposed to undertake. They were unaware and unprepared for a long journey in the middle of the night.
For the first time since they went for him at the hotel, they engage him in a conversation. “Are you worried?” one of the policemen asks him. “We have no intention of harming you,” he hopes to reassure Ndii. What could they be up to with all this banter? “I don’t know who sent you,” Ndii answers him. The conversation does not go far. They drive dangerously the whole night. When they reach Mombasa Road in Nairobi, they take the northern corridor, which passes the North Airport Road and the Embakasi garrison and that crosses Kangundo Road through Ruai onto Ruiru railway line and then links with the Thika superhighway to connect with the Eastern bypass that starts at the Kiambu-Ruiru Road.
After they had dealt with their agenda of the day, Ruto turned to complaining about Ndii, lamenting how Ndii was feeding NASA luminaries with the political theory of “grabbing power”. His grouse was a regurgitation of the standard Jubilee Party cabal’s conventional thinking on Raila Odinga: “Raila is a ‘good man’, but has been captured by hardliners” – chief among them, one David Ndii.
Caught in the traffic snarl-up, the policemen buy a newspaper from the roving vendors. It is The Standard. On the front page, there is a mugshot of Ndii. They tune into the radio and the news is all about Ndii’s abduction. The police now turn to examine Ndii properly. They obviously did not know who he is. “Who is Ayub Ndii”, one of the policemen asks him. Ayub is actually Ndii’s uncle. In proper Kikuyu parlance, Ayub would be referred to in the English language as “younger father”.
Avoiding the superhighway, the police drive through the back roads behind the sprawling Mathare North slum. They are headed to the Directorate of Criminal Investigations DCI. When they reach there, Ndii is taken straight up the stairs to an office. The first thing he asks is, “Why am I here?” to a junior officer. “Can I have a phone?” The junior officer shrugs off his request – he is possibly as clueless as Ndii about why he has been brought here. “I am here to keep you company,” says the policeman nonchalantly. Another junior cop shows up and joins Ndii in the sparsely furnished office. He offers Ndii tea. Ndii refuses the offer. The two policemen are obviously Akamba because they converse in the Kamba language while keeping Ndii company, pending further instructions. Ndii is kept at the DCI for several hours.
Then the real police honcho shows up. He is the Senior Superintendent of Police (SSP), somebody called arap Kandie. The office that Ndii is being kept in is the Serious Crime Office (SCO). Kandie pompously announces that he is the head of SCO. “Am I under arrest?” Ndii immediately asks him. Kandie mumbles some unintelligible answer. He appears not to know why Ndii has been referred to his office. “We need to interrogate your crime,” he tells Ndii. “The last time I was under this kind of situation, it was 30 years ago, I hope we are not going back there?” Ndii tells Kandie.
In 1987, Ndii was a third year economics student at the University of Nairobi’s main campus. It was a time when there was a crackdown on university students. President Daniel arap Moi had unleashed his secret police to hound the students, who he deemed were in cahoots with political dissidents opposed to his dictatorial regime.
Ndii spent two weeks at the Nyayo House bunkers, where he was tortured and thoroughly interrogated. That was the same year that Miguna Miguna was arrested by the same secret police, and later forced into exile, first to Tanzania, where he stayed for three months, then further south to Swaziland, and eventually to Toronto, Canada, after a six-month sojourn in the southern African state.
SSP Kandie grouses over the fact that people like Ndii are “trouble shooters” and their only agenda is to cause “chaos and disaffection” among “peace loving Kenyans.” Why is he constantly attacking the government, he wonders aloud – loud enough to solicit a rebuttal from Ndii. He asks Ndii about the Larry Madowo NTV talk show in which he had participated several days ago. “I will not discuss political theory with you,” Ndii replies to Kandie.
Kandie unleashes a smart phone and proceeds to read from Tuko.co.ke, an online news website. Listening to Kandie read fake news purportedly about him and his “illegal activities” against the state, Ndii – who is visibly amused and aghast that he was tracked all the way to the coast on account of fake stories about him – tells Kandie, “There are four ways in which I communicate and engage with the public. I write a newspaper column, I conduct public speaking, I run a Twitter handle and I engage in TV interviews.”
At that point, Kandie asks his four junior officers – two had tagged along him to join the other two – to leave. Among the officers is a Mr. Cheruiyot and a Kamba deputy SSP. Kandie then produces a statement and asks Ndii to sign it, stating that it is for his own “protective custody”. Ndii declines to sign it. Instead, he writes his own statement, now detailing the four ways he engages with the public and how he goes about making his political pronouncements.
As he engages with Kandie over whether to sign the statement, several of Ndii’s friends and political activists are now gathered at the DCI precincts, demanding for his release. Among them are lawyers James Orengo and Edwin Sifuna. Having not eaten for more than 18 hours, Ndii asks his lawyers to bring him coffee from Java Café. At 2.30pm the police say the charge sheet is ready. So, accompanied by Orengo and Sifuna, and not by the police, Ndii is driven to the Milimani High Court.
Cheruiyot is the designated case officer and so accompanies Ndii to court. The Director of Public Prosecutions (DPP) Keriako Tobiko – who has since been appointed the Cabinet Secretary for Environment – is not ready to charge Ndii until the police present his office with what he is being charged with. The lawyers are frantic; if they do not move with haste, the police may find an excuse to lock Ndii in for the night because it is already past 4.00pm and there is no charge preferred against him. They then all head to Pangani Police Station to get a police bond. The case officer asks Ndii how much he wants to pay for his bond. The lawyers give an arbitrary figure of Ksh10,000 and Cheruiyot says KSh10,000 it is. Ndii is escorted by a convoy of ten vehicles and just before 5.00pm he gets his bond. The bond says that he should report to DCI on December 11, 2017.
The derisive characterisation of Raila as a “good man” by Jubilee Party carpetbaggers is a well-oiled narrative, deliberately and systematically propagated by the architects of the theory that forming a coalition government is one way of assuaging Raila’s electoral losses, fully knowing that these losses were politically engineered through electoral malpractices.
Ndii reports to the DCI on December 11 and rewrites his statement. The police in their characteristic prevarication and procrastination claim that they are still not done with their investigations, therefore the DPP cannot commence any prosecution against Ndii. He is again asked to report to DCI on December 28, 2017. No word on his presumed “illegal state activities”, or any clue as to when the police investigations will be complete. He again reports to DCI soon after new year’s day in January. “No instructions still from the DPP”. Days later, the DPP is moved from his job. “This thing has become a circus,” Ndii concludes, and from then henceforth, he will wait to hear from the new DPP on his case.
“A good man”
Ndii realises that the plan to fix him was well-orchestrated, but poorly executed. From the officers who abducted him, to the interrogating officers, it appeared to be a combined Kalenjin-Kikuyu affair, apart from the Kamba rookie officers who were asked to keep him company. The ethnicisation of the harassment of key opposition figures has now been taken to the apolitical police force: the police officers who are now sent to pick up and intimidate opposition figures are carefully selected to convey a deliberate ethnic supremacy of brutal and naked force as a counter-measure to an equally and deliberate ethnicisation of the opposition politics by the government.
A couple of weeks before Ndii was trailed all the way to the south coast and picked from the supposedly safe confines of a five-star beach hotel, a Jubilee Party politician allegedly had a meeting with Deputy President William Samoei Ruto. After they had dealt with their agenda of the day, Ruto turned to complaining about Ndii, lamenting how Ndii was feeding NASA luminaries with the political theory of “grabbing power”. His grouse was a regurgitation of the standard Jubilee Party cabal’s conventional thinking on Raila Odinga: “Raila is a ‘good man’, but has been captured by hardliners” – chief among them, one David Ndii.
The derisive characterisation of Raila as a “good man” by Jubilee Party carpetbaggers is a well-oiled narrative, deliberately and systematically propagated by the architects of the theory that forming a coalition government is one way of assuaging Raila’s electoral losses, fully knowing that these losses were politically engineered through electoral malpractices.
Contrary to what the Jubilee Party elites would like Kenyans to believe, the talk of forming another coalition government has always been the ruling party’s idea. This idea is today being pushed publicly by one Peter Karanja, the Secretary General of the National Christian Council of Kenya (NCCK), the umbrella body that groups together Protestant churches. Karanja’s argument, which is the base logic of Jubilee Party hawks, is that if the post of Prime Minister is created by amending the constitution or otherwise, Raila will calm down, and this will in effect also calm down his supporters and all shall live happily ever after.
The Jubilee Party fraternity’s characterisation of Raila as a “good man” masks their real intentions. After the successful signing of the Peace Accord, which was reached after the post-elective violence (PEV) of December 2007/8 on February 28, 2008, I sat down with an influential Central Kenya politician in an exclusive Nairobi golf club to review the new political arrangement. “Let me tell you, we (Kikuyu political cabal) found the perfect formula for dealing with these Luos. Invite them to join the government by creating for them a pompous office, provide some chase cars and security detail (which you can always withdraw and return at will), as you keep a tight leash on them. Give them some budget to entertain themselves. In the process, they will soon be caught up in the corruption dragnet. This will disarm them, so every time they raise their voice on state scandals, you quietly remind them of the ‘living in a glass house’ aphorism.”
The Jubilee Party barons also cynically refer to Raila as a “good man” because they believe he is “tamable”. When in 2008 he agreed to form a coalition government with Mwai Kibaki, the Kikuyu political elite sighed with great relief, but later boasted among themselves of how they were the masters of political chicanery. “We outsmarted our chief political nemesis. I suspect we are going to rule this country for a very long, long time,” said the bragging politician.
In this era of social media and smartphones, the police can no longer handle “government dissidents” the way they did twenty years ago. Add to this a progressive constitution and you have a government that is groping in the dark and resorting to knee-jerk reactions
So, early on when Ndii was identified as a “hardliner” by the Jubilee Party mandarins, they sought to isolate Raila from him, or if you may, Ndii from Raila – a scheme that does not seem to be working. Alongside, Ndii, they also sought to profile lawyer Norman Magaya, another NASA advisor and presumed “hardliner”. Convinced that the much-taunted swearing-in of Raila Odinga was going to take place on December 12, 2017, on Jamhuri (Independence) Day, the Jubilee Party elites began toying with the idea of scuttling the move by taming Ndii days before the event took place. That is why, when the police bonded him on December 5, 2017, they asked him to report to DCI on December 11, the eve of the swearing-in ceremony, in the belief that they would be disorganising and handicapping the arrangement.
The crux of the matter is that for the first time the government is having to play catch-up with an increasingly cheeky and unpredictable opposition. The speed and turn of political events have ensured that the government cannot second-guess what the opposition is really up to. Yes, the Jubilee Party “won” the election on October 26, 2017, but four months later, the government, even after having announced the cabinet, does not seem to have found its gravitas. Its best laid plans seem not to have taken root and those plans seem to be getting continuously disrupted.
In this era of social media and smartphones, the police can no longer handle “government dissidents” the way they did twenty years ago. Add to this a progressive constitution and you have a government that is groping in the dark and resorting to knee-jerk reactions, not really knowing what to do. It is patently clear, the “arrest” of Ndii and the deportation of Miguna Miguna were not well-thought out moves. The first priority of totalitarian regimes all over the world is complete control of the flow of information – when they realise this is a futile exercise, they resort to intimidation and underhand tactics.
Fred Matiang’i, the Cabinet Secretary for Internal Security, sounded ridiculous when he sought to explain to a section of the media that the government had not ordered a media shutdown, and why some TV stations had been closed. He said that the government had exposed a scheme by the opposition to cause a bloodbath in the guise of swearing-in Raila Odinga, “The People’s President”, at Uhuru Park. The well-attended ceremony – better attended than President Uhuru’s swearing at Moi International Sports Centre on November 28, 2017 – comprised a great multitude of people from all walks of life. Hence, the switching off of the NTV and KTN TV stations’ signals for ten days and Citizen TV for even longer, was an attempt at foreclosure by the government, a move that was reminiscent of the dark days of President Moi’s tyrannical rule.
Ndii’s “midnight safari” is, therefore, a metaphor for a dark state and a regime that is desperately looking for legitimacy.
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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