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COMMISSIONS OR OMISSIONS OF INQUIRY? Why Kenya has failed to address historical and other injustices

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COMMISSIONS OR OMISSIONS OF INQUIRY? Why Kenya has failed to address historical and other injustices
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Kenya experienced a protracted electoral period after the unprecedented nullification of the August 8 presidential election last year. After the Supreme Court gave its detailed ruling on September 20, the opposition leader Raila Odinga stated that if there were no reforms in the Independent Electoral and Boundaries Commission (IEBC), the repeat election ordered by the Supreme Court in 60 days would not go ahead.

A majority of the Supreme Court judges said that the electoral agency had failed, neglected or refused to conduct the elections in the manner and dictates of the Constitution. Raila, therefore, argued, that the commission had to effect changes and punish those within its ranks who oversaw the illegalities and the irregularities in the August 8 presidential election.

Speaking in Kajiado County on September 10, Raila said his team was ready for the October 17 (that’s the initial date the IEBC gave) repeat presidential polls but insisted that they must be managed by a different team from the one accused of bungling the previous election. Later he started the anti-polls campaign under the mantra, “No reforms, No elections”.

One of the ways we have attempted to seek solutions to the issues facing Kenya, such as ethnic violence, marginalisation, electoral injustice, corruption and historical injustices, has been through commissions of inquiry. What became of them? Were they not effective or is it that their recommendations have not been taken seriously?

What changed? Kenya was in unchartered waters and the power struggle was escalating. Mistrust got to unmanageable levels. For Jubilee, President Uhuru Kenyatta’s party, it was not possible to get “meat from their mouth”.

Raila’s camp felt that without changes in the IEBC, the repeat polls would be rigged anyway. So why participate with a predetermined winner? The drama escalated when Raila withdrew his candidature from the repeat 26 October polls on October 10.

Why not use commissions of inquiry recommendations to solve the country’s problems? This was the Big Question in various platforms, especially on television talk shows, until the now much-talked about handshake between Uhuru and Raila on March 9 at the former’s Harambee House office.

But it is irritating because it ignores that we, as a country, have on several occasions asked ourselves this question and sought an answer to it through commissions of inquiry. Secondly, the assumption that all is well because the two leaders came together without a well structured dialogue framework does not help in solving the underlying issues.

One of the ways we have attempted to seek solutions to the issues facing Kenya, such as ethnic violence, marginalisation, electoral injustice, corruption and historical injustices, has been through commissions of inquiry. What became of them? Were they not effective or is it that their recommendations have not been taken seriously?

Commissions of inquiry in Kenya

Commissions of inquiry are ad hoc advisory bodies set up by the government to obtain information. In their work, they are expected to assess the facts and make recommendations to the government. Their primary function is to inform governments. They have been classified into two groups — based on the methods used to ascertain the facts. The first category of commissions are those charged with gathering information for policy formulation or review or to assess the functionality of a public entity. These are investigatory inquiries, and they play the same function as a researcher. Examples include the 1998 Commission of Inquiry into the Education System of Kenya, chaired by Davy Koech, which investigated the appropriateness of Kenya’s education system.

According to a report by journalist Dennis Onsaringo of the Standard last year, Oyugi was the mastermind of Ouko’s murder. “He was the trigger man, but the PS was not working alone,” he quotes Troon, who when asked whether the then president, Daniel arap Moi, knew who killed Ouko, quipped: “He is the president and his foreign affairs minister is murdered. What do you think?”

The second category comprises those charged with ascertaining the facts of a particular matter or question. They are inquisitorial inquiries. They investigate facts surrounding allegations of wrongdoing. The inquiry into the conduct of Justice Philip Tunoi, which didn’t conclude after he resigned, is a good example.

The Commissions of Inquiry Act guides the establishment of commissions of inquiry. Based on this law, the President can, whenever he considers it advisable, appoint a commission to inquire into the conduct of any individual, institution or matter.

However, it is important to note that despite the Commissions of Inquiry Amendment Act (2009) and the fact that the President appoints tribunals and commissions of inquiry, the former don’t present their findings to Parliament. For example, a tribunal investigating Justice Joseph Mutava directly recommended to President Uhuru Kenyatta that the judge be removed from office for misconduct.

The Commissions of Inquiry Amendment (2009), which gives oversight authority over these commissions to the National Assembly, states: “It shall be the duty of a commissioner, after making and subscribing the prescribed oath, to make a full, faithful and impartial inquiry into the matter into which he is commissioned to inquire, to conduct the inquiry in accordance with the directions contained in the commission and on completion of the inquiry, to report to the President and to the National Assembly, in writing, the result of the inquiry and the reasons for the conclusions arrived at.”

The key words I pick from this amendment are “full, faithful and impartial inquiry”. These are the adjectives that the National Assembly bound the commissions of inquiry with. Surprisingly, if we go by past reports, the same does not apply to Parliament in pushing for their implementation, even after this amendment.

The mover of the amendment Bill, John Olago Aluoch, the then Kisumu Town MP, noted that in the history of our country, numerous inquiries had been commissioned by the President under the provisions of Section 3 of Commissions of Inquiry Act, and based on Section 7 of that Act, the reports were presented to the President. As a result — certainly due to vested interests — the contents of these reports and their proposals have for decades remained unknown to the public. This is despite the fact that these inquiries were constituted to probe matters that were public in nature, in the “interest of the public” and funded by taxpayers’ money.

In his support for the aforementioned amendment of Section 7 of the Commissions of Inquiry Act in June 2010, Budalang’i MP Ababu Namwamba said, “When you look at the history of these commissions, you see wastage of funds to the extent that you get a sneaky feeling that some of them may have been set up for no reason other than to act as cash cows.”

So, to ensure transparency of the commissions, and to fix this anomaly, Aluoch proposed the amendment to the aforementioned Section 7 that the reports be submitted to Parliament too, where they would be debated by the people’s representatives. However, we still haven’t seen much change with regards to pushing for its implementation. On the contrary, in some cases, MPs have taken sides on whether to debate a report. For example, when it came to the Truth Justice and Reconciliation Commission (TJRC) Report, legislators took political sides report is yet to be debated, despite numerous attempts.

Some of the important commissions of inquiry that have been set up over the years include: the Kenya Maize Commission; the Commission on the Law of Marriage and Divorce; the Commission of Inquiry on the Law of Insurance, popularly known as the Hancock Commission; the Judicial Commission Appointed to Inquire into allegations involving Charles Njonjo; the Ouko Commission of Inquiry (1990-91); the Akiwumi Commission into Ethnic Violence; the Judicial Commission of Inquiry into the Goldenberg Affair; the Commission on Higher Education, also known as the David Koech Commission; the Commission of Inquiry into the Land Law Systems of Kenya (Njonjo Land Commission) and the Commission of Inquiry on Post-Election Violence (Waki Commission). We also had the Krigler Commission, the Inquiry into the Death of Former Cabinet Minister George Saitoti and the Truth Justice and Reconciliation Commission, which examined historical injustices in Kenya since independence and came up with recommendations on how they might be addressed.

Commissions of inquiry in other countries

SOUTH AFRICA
Between 1995 and 2002, South Africa’s Truth and Reconciliation Commission looked into crimes committed during the apartheid regime and made its report public. The commission investigated gross human rights violations that were perpetrated by the state and its agencies between 1960 and 1994, including abductions, killings, and torture. The TRC had an annual budget of $18 million. According to the United States Institute of Peace, the report was fully endorsed by the government. President Nelson Mandela apologised to all the victims on behalf of the state. And in 2006, the government established an agency to monitor the implementation of the TRC’s recommendations, especially on reparations and exhumations. Challenges in reparation, however, persist to date.

ENGLAND
According to AfriCoG, in England, commissions of inquiry are established when there are “rumoured instances, or lapses in accepted standards of public administration and other matters causing public concern which cannot be dealt with by ordinary civil or criminal process but which require investigation to allay public anxiety.”

However, Tor Butler-Cole, in her 2004 article in the Telegraph, says that the excessive costs and the lengthy durations of public inquiries are the arguments most commonly cited against them. The Bristol Royal Infirmary Inquiry, for example, cost an estimated £14 million, the BSE Inquiry around £27 million.

However, Butler-Cole argues that the economic costs of a public inquiry can be overlooked if the inquiry brings about catharsis, confidence and knowledge. “It has been argued that despite these good intentions, public inquiries do not in fact lead to improvements: There are few formal mechanisms for following up the findings and recommendations of inquiries. Many of the problems identified by inquiries are cultural and demand changes in attitudes, values, beliefs, and behaviours which are difficult to prescribe in any set of recommendations.”

Commissions are not always about uncovering the truth

The Ouko Commission of Inquiry was formed to establish the truth behind the brutal murder of Kenya’s Foreign Affairs Minister Robert Ouko on February 13, 1990. The murder case, perhaps the most intriguing in Kenyan history, remained unsolved after the commission was disbanded midstream. A second attempt into the probe in 2010 didn’t do any better after the report was rejected by Parliament on the grounds of “a lack of unity, and disagreements within the committee”.

An examination of past inquiries – how they were conducted or wound up and how their contents were hidden – points to the fact that commissions of inquiry are often used as tools by the government to create an impression that it cares when it doesn’t. The intention is to use the commission as a cover-up so that people can “forget and move on”.

In his report, the lead investigator John Troon from Scotland Yard said that Dr. Ouko’s murder was triggered and actualised by a corruption report he was compiling, in which prominent people, including cabinet ministers, were adversely implicated. He handed over the report to the government. Interestingly, the key suspect in the murder was Internal Security Permanent Secretary Hezekiah Oyugi.

According to a report by journalist Dennis Onsaringo of the Standard last year, Oyugi was the mastermind of Ouko’s murder. “He was the trigger man, but the PS was not working alone,” he quotes Troon, who when asked whether the then president, Daniel arap Moi, knew who killed Ouko, quipped: “He is the president and his foreign affairs minister is murdered. What do you think?”

How then did we expect such a commission to produce anything? Was it, in fact, a cover up?

The story of the Parliamentary Select Committee investigating the murder of former Nyandarua North MP JM Kariuki, paints a clearer picture. The Committee’s report implicated the Interior Security Minister Mbiyu Koinange, senior police officers, the Director of CID Ignatius Iriga Nderi, the head of the General Service Unit Ben Gethi, Arthur Wanyoike Thungu (President Jomo Kenyatta’s most trusted bodyguard), Patrick Shaw and senior administrative officers and politicians. According to Charse Honsby’s Kenya: A History Since Independence, Nderi refused to cooperate, and Koinange declined to respond to the committee’s summons. Waruhiu Itote, Kenyatta’s intelligence adviser, who also headed the National Youth Service, threatened to shoot anyone who summoned him to testify.

None of the people mentioned in the Committee’s report were investigated or punished.

A colleague of mine, who is also a veteran journalist, told me the story of what actually happened. Upon completion of the hearings and compilation of the report, Elijah Mwangale, who headed the Parliamentary Select Committee, accompanied by Starehe MP Charles Rubia and Lurambi North MP Buridi Nabwera, took a copy of the document wrapped in the national flag to President Kenyatta at State House. They took photos and proceeded inside to discuss “the damn thing”, as Kenyatta called it, before tabling it in Parliament that afternoon. Rubia recounts the President saying, “If you include my bodyguard Wanyoike Thungu, and you include my Minister of State, Mbiyu Koinange, why don’t you include me there as well?”

The Big Man was obviously not happy that his men were mentioned, and that clearly pointed at who then was behind the murder of JM. (Mbiyu Koinange had adversely been mentioned in the committee’s hearings.)

“But, sorry Mr. President, your minister has been mentioned because of what we have heard. But what can we do as a committee now?” said.

“Alright, if you can remove my minister’s name from that list, you can publish the damn thing!” responded the president.

And that’s how the 38-page committee report was doctored.

The government still maintains the case is still open and that any Kenyan who might have more information can produce it. But justice delayed is justice denied, and for the family of JM, and many other Kenyans who have been affected by unresolved injustices, that remains the case.

The Commission of Inquiry on the Law of Insurance, also known as the Hancox Commission, was established in October 1986 by President Daniel arap Moi to look into the insurance industry. Its only member was Justice Allan Robin Winston Hancox, assisted by Mary Ang’awa, who is now a judge. It was never made public, and instead, was reportedly released to select insurance stakeholders. This certainly informs why the sector is captured by selected individuals/institutions. Hancox was later appointed Chief Justice in 1989. (Moi has interests in the industry, among other sectors.)

Despite President Uhuru having received the 2,200-page TJRC report as soon as he assumed office during his first term, he is yet to officially make it public – although he did made a blanket apology during his State of the Nation address in March 2015, which was a key recommendation of the TJRC. The Judiciary also apologised. However, this apology did not extend to state security agencies that have continued to commit atrocities through brutality and killings, as we saw in the 2017 electioneering period.

In his support for the aforementioned amendment of Section 7 of the Commissions of Inquiry Act in June 2010, Budalang’i MP Ababu Namwamba said, “When you look at the history of these commissions, you see wastage of funds to the extent that you get a sneaky feeling that some of them may have been set up for no reason other than to act as cash cows.”

A lot of financing goes into the establishment and running of these commissions. Although this writer was not able to access the figures at the State Law Office, you would need a considerably large amount of money for transport, security, administration support for commissioners, salaries, allowances and oversight of investigations.

The commissioners and the chairman are ostensibly paid huge salaries so that they are “not easy to bribe”. Well, it could that the salary itself acts as a form of bribery to cover up the very matter under investigation. As Pravin Bowry, an expert in court procedures and rules of evidence, noted in his “An Inquiry into Commissions of Inquiry” article in the Standard on January 13, 2010, often, commissions have been used to sideline and sidestep political issues and to defuse situations. “The elongation of proceedings always hurts the country. In contrast, in a commission of inquiry recently in England, thousands of relevant documents were posted on the Internet for the concerned and interested parties to peruse and make written observations and the inquiry was concluded within a month or so,” he wrote.

An examination of past inquiries – how they were conducted or wound up and how their contents were hidden – points to the fact that commissions of inquiry are often used as tools by the government to create an impression that it cares when it doesn’t. The intention is to use the commission as a cover-up so that people can “forget and move on”. It has now become a cliché that these reports have not been implemented because of lack of political will. But do we really expect governments to find evidence against itself (it is the President who forms these commissions) and take itself to jail?

This is probably why Deputy President William Ruto, speaking at a rally in Mariakani, Kilifi County in July 2017, had the guts to say that the Jubilee government would not implement the Truth, Justice and Reconciliation Commission’s recommendations because they would divide Kenyans by “re-opening old wounds”. The TJRC, it is important to note, was established in the aftermath of the 2007-08 post-election violence and was tasked with inquiring into gross violations of human rights and historical injustices that occurred in Kenya between independence on December 12, 1963 and the date when the National Accord signed on February 28, 2008.

Despite President Uhuru having received the 2,200-page TJRC report as soon as he assumed office during his first term, he is yet to officially make it public – although he did made a blanket apology during his State of the Nation address in March 2015, which was a key recommendation of the TJRC. The Judiciary also apologised. However, this apology did not extend to state security agencies that have continued to commit atrocities through brutality and killings, as we saw in the 2017 electioneering period. Various agencies have relentlessly urged the president to make the report public and to effect its recommendations in the interest of promoting peace, justice and reconciliation.

The Krigler Commission, which was chaired by the South African judge Johann Krigler, made a raft of recommendations that included the setting up of an independent agency to manage elections and an integrated and secure tallying and data transmission system to allow computerised data entry and tallying at the constituency level. These were quite progressive recommendations, which we saw being undone by Parliament just before the August 8 general election and soon after the nullification of the presidential election. Kriegler also warned against “too many electoral laws” that are too cumbersome to enforce and which allow for scapegoating.

The key to these recommendations was the implementation of Agenda Four of the National Accord, which was expected to look into long-term measures and solutions, such as constitutional, institutional and legal reforms, land reform, poverty and inequity, unemployment, particularly among the youth, consolidating national cohesion and unity, transparency and accountability and addressing impunity.

Just how independent is the Independent Electoral and Boundaries Commission? The Krigler report recommended that the electoral commissioner be non-partisan, However, the accounts of former Commissioner Roselyn Akombe and Chairman Wafula Chebukati in the run-up to the October 26 repeat election that some commissioners voted against certain decisions along partisan lines suggest otherwise.

The recommendation that Kenya should have an integrated and secure tallying and data transmission system wasn’t really adhered to at the execution stage, and this was the basis of the August 8 election petition, which the opposition won. Even before the repeat polls, Parliament, with a Jubilee majority, amended this provision in the Electoral Laws Act.

The Ndung’u Land Commission’s findings were aimed at reversing unlawful land-related actions and ensuring land reform through creating an enabling policy and legal framework. At the heart of the commission’s report was the recommendation that all titles for illegally acquired land be cancelled and that such land be repossessed. How well or badly this was done is another story.

The report recommended that the plethora of provisions against the involvement of public servants in elections be consolidated into one provision in the consolidated electoral law that would also bar the use of any public financial and material resources by the candidates. Despite that having been done on paper, the government went ahead to use public resources and even intimidated chiefs in the Eastern region for not campaigning for the ruling party and threatened to revisit this if or when they won the elections. The government also used state resources to run commercials during the campaign period in blatant abuse of the law.

We also had the Akiwumi Commission that was to probe the tribal clashes since 1991with a view to establishing the the immediate and underlying causes of such clashes, action taken by the police and other law enforcement agencies with respect to any incidents of crime arising out of or committed in the course of the said tribal clashes, and where such action was inadequate or insufficient, the reasons for and the level of preparedness and the effectiveness of law enforcement agencies in controlling the said tribal clashes and in preventing the occurrence of such clashes in future. The report was made public in 2002. It recommended that a number of politicians, local administration officials, and security and police officers to be investigated over their alleged roles in the clashes, which led to the deaths of more than 800 people and the displacement of some 130,000 between 1991 and 1994, according to the Commission. These recommendations were not acted on and so the country blew up in 2007/08.

The Ndung’u Land Commission’s findings were aimed at reversing unlawful land-related actions and ensuring land reform through creating an enabling policy and legal framework. At the heart of the commission’s report was the recommendation that all titles for illegally acquired land be cancelled and that such land be repossessed. How well or badly this was done is another story.

The Ndungu Commission made a far-reaching series of findings, which, if effected, could sort out the protracted land question. The findings ascribed responsibility for established wrongdoing to a number of individuals. It also made a series of recommendations intended to correct the wrongdoing; key among them was the proposal to have a task force consisting of specialists in land administration advising the Ministry of Lands on the revocation of illegally registered titles, repossession of land, measures to be taken regarding claims filed in courts, information retrieval systems for multiple purposes and the verification of registered titles. It is imperative in this regard to evaluate how the National Land Commission can better handle these functions.

These commissions clearly represent where we are and provides an answer to the question: “Which way forward for Kenya?”

As it appears, commissions of inquiry have not been successful in solving political problems in Kenya. Why so? Lack of political will. This is despite their findings, which, if incorporated in decision-making, could curb some of the problems this nation faces. The government should go back to these reports and implement their recommendations in the interest of the country.

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Eliud Kibii is a sub-editor with The Star newspaper and writes on international relations, security and electoral processes.

Politics

The New Frontier for Development and the Politics of Negation in Northern Kenya

14 min read. In this second part of a three-part series, DALLE ABRAHAM argues that the new mega infrastructure investments fueled by LAPSSET are a continuation of the perverse state policies on Northern Kenya adopted by post-colonial governments.

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The New Frontier for Development and the Politics of Negation in Northern Kenya
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“Literary critic Tom Odhiambo regards the NFD as a metaphor of negation, a liminal space where collective ‘Kenyan’ fears and anxieties are at once deposited and from whence they emerge”- Parselelo Kantai.

It’s Marsabit late in 2013. Nomadic girls dressed in evening dresses and cultural attires do clumsy catwalks with feet unused to high heels. They strut on a makeshift runway in front of the Catholic Church hall. The occasion is a glitzy second Miss Marsabit County beauty pageant. Kenya’s foremost stand-up comedian, Walter Mongare, aka Nyambane, whose parody of the banal cadence of Kenyan officialdom has become standard comedic practice in Kenya, is the MC. (Nyambane was part of the Redykulass comedy group. In this role, he had managed to fashion a remarkable Moi parody; he could talk, walk and even look like Moi.) He cracks jokes on walking styles and tribal clichés. A curious moment passes unnoticed when he declares that “Kenya mpya iko hapa!!” The new Kenya is here.

The beauty pageant, like LAPSSET (the Lamu Port and South Sudan – Ethiopia Transport corridor) was a pitiful attempt to “open up” a closed-up region. This preposterous idea is not any different from the “metaphor of negation” that it sought to transform. To borrow from Chinua Achebe’s Anthills of the Savannah, Nkem Osodi’s analogy suffices: equate Northern Kenya to Eve in the Old Testament who is blamed for man’s woes in the Garden of Eden, rescue this image of a suffering Eve and redeem it in the New Testament through Mary, elevate her as the mother of God, and tuck her away in a nice corner of heaven where she is irrelevant.

How is the metaphor of negation now the glitzy developmental jewel?

A pervasive narrative defines Northern Kenya’s relationship with Southern Kenya. Northern Kenya is viewed as a land of misery, of death and of terror where Kenya’s hardships go to school – an area of darkness, this Kenyan “apocalypse” is by some ingenious design almost always shadowed by “potential”.   But when detached from this base, the narrative alters its shape and the region transforms into a treasure trove of unexplored potential and immense opportunity waiting to be exploited.

Recall that in 1965 capital concentration was to be centred around the former “White Highlands”, as articulated in Sessional Paper No. 10: African Socialism and its Application to Planning. However, today the country is making a clean 180-degree about-turn. President Uhuru Kenyatta has visited Marsabit County five different times in the past six years. Foreign envoys have warmed up greatly to Northern Kenya. Just last month, twelve European Union ambassadors were in Marsabit. This new attention and the grand nature of the new mega infrastructure developmental craze seems like “Kenya” is atoning for all its past sins. The initial excitement resulting from this new attention is, however, wearing off fast.

Positive policy steps have been taken. But Sessional Paper No. 10 of 1965 and The Special Districts Act of 1934 repealed 63 years later in 1997 were bad policies that had created an official attitude. In this new testament, the policy environment has changed. Sessional Paper No. 10 of 1965 was replaced 47 years later by Sessional Paper No. 8 of 2012, which was made by a special ministry for Northern Kenya Development, obvious in its intentions of affirmative action and “Releasing Our Full Potential”. These policy changes have been supported by Kenya’s Vision 2030, which lays out the country’s development blueprint on transforming the “special circumstances of previously marginalised communities” and “in this respect it offers a chance to turn history on its head”.

But have the negative attitudes towards the North been overcome?

The language of the old and new policies, when juxtaposed, are fundamentally different. But development plans, visions or policies can, on their own accord, turn “history on its head” and clean the stained slate of nationhood. Still, in their implementation, the North is witnessing the callous ways – informed by colonial perceptions and attitudes – in which development can exclude and alienate. Hidden in the folds of this grand development vision of LAPSSET is exploitation, oppression and dismissal of the North. The exclusionary tendencies bear the hallmarks of how history and tradition continue to define what and how things get done in Kenya.

The urgency of the national government in this experimental and magical “spatial fix” was a heady affair. The government introduced new projects: roads, airports, wind farms and resort cities – an investor’s paradise emerging out of the wasteland. How amazing, how great, this story of transformation was. But this idea of opening up the north is a cryptic code that has changed shape and form over the years. Spatial fixes as anywhere in the world are often wishful make-believes.

In an illustrative animated film shared by NEPAD, we are told that LAPSSET will encompass “international airports, resort cities, special economic zones, industrial parks, mineral exploration, and free trade areas which will generate and harness economic and business activities for the corridor”. LAPSSET, we learn from the video, is “an investor’s dream, backed by governments in the three countries and embedded in Kenya’s Vision 2030, a crucial de-risking step for investors” where “land acquisition and investments are secured not only by governments but also by the enthusiasm of the populations”. Viewed through this lens, “Kenya estimates that the core LAPSSET projects will generate and inject up to 2% to 3% of the GDP into the economy and 8% to 10% of the country’s GDP”.

The urgency of the national government in this experimental and magical “spatial fix” was a heady affair. The government introduced new projects: roads, airports, wind farms and resort cities – an investor’s paradise emerging out of the wasteland.

At the macro level, the vision was generous, and its beneficiaries were spread across Eastern Africa. For South Sudan, LAPSSET was projected to “consolidate the peace process in the country and build a sound foundation for sustainable growth”. For Ethiopia, “LAPSSET will enhance the current bold political and economic reforms in the country”. For the whole continent, LAPSSET will fulfill the African Union’s dream of “a peaceful, prosperous and fully integrated continent by 2063”.

This grand vision is replete with ambiguities, a pastiche of grand and micro intentions. At the macro level, Kenya wants to send a statement on the continent but at home LAPSSET is articulated as a plan to open up Northern Kenya as a way to tap the resources in the North. So far the conviction has made it look like the “opening up” of the hitherto “closed” Northern Kenya is a seamless and accepted undertaking. Even the old acronym, NFD, has been repurposed to reflect the new possibilities; Northern Frontier District (NFD) has become the New Frontier of Development, and its caustic version, the Northern Forgotten Districts, has effectively been forgotten.

This plan of “opening up” has come with some apprehension for people from Northern Kenya. Fear and economic anxiety are some of the markers of this ambivalence. The new impatience and anxieties in the region are discernible. The actual LAPSSET projects being implemented are coming to a place and a people who have certainly been waiting for and dreaming about development, hoping for all the new attention.

But when “development” began, it did so in lofty ways, not as the locals had conceived it. Instead of hospitals, classrooms, clinics and water points, fiber optic lines, international airports, oil pipelines, mineral licensing, huge electric pillions, wind power projects of reputable grandeur and plans for resort cities with world class golf courses and massive trains were erected.

Meanwhile, the leaders from the area are like antelopes caught in the headlights of an oncoming train. In the bulas scattered around Isiolo town, in little double-roomed wooden houses, there were talks of the place’s immense economic potential and of the coming opportunity, of employment, of land prices going up, of corporate social responsibility, of foreign scholarships, and of new investors coming. In neighboring Marsabit County, The Cradle carried a front-page splash of an artistic 3D impression of a future city envisioned for Moyale, which in Uhuru’s words, will be “the future Dubai”. The grandness and generosity of this vision can only be equated to Dubai, which has slowly become Africa’s developmental true north and the template of transformational ambitions. Dubai had turned “history on its head”.

Development for whom?

The gist of all these interventions lies in the intent. The “unpeopled wasteland” needed to be roped into the Kenyan political economy. These interventions, if distilled down to their bare essentials, were asking, nay, forcing Northern Kenya to take up the duties and dynamics of a key player in the regional political economy without the necessary participation of its leaders and/or the consideration of its people’s needs. This vision was not an organic one; it was not of the people and for the people. Its conception was not arrived at slowly and imperfectly. The plan to “open up” Northern Kenya was not preceded by years of activism and it was not an affirmative response to the cries of Northern Kenya’s leaders on marginalisation. Its origin lay elsewhere.

Kenya’s “new frontier of development” was radically unmoored from the reality of the Northern Frontier Districts. When viewed through Northern Kenya’s old image, the sound and conviction of its single-minded believers was heartening. LAPSSET, and its language of “new”, “development”, “opening up”, “opportunity”, “investors”, “markets”, and “mega infrastructure” felt like a dream come true. Its springboard was the depressive narrative of death, misery and terror that had seeped into the collective Kenyan psyche. While the thing that we were laughed at in Kenya was some kind of social dislocation, now we were being praised and made to feel important in a different interventionist way. The misery, the deaths, history itself can be supplanted by LAPSSET.

The tone of hope and conviction had a faint ring to the cavalier tones that created the old Northern Kenya’s dominant image of an “apocalypse”. In time the apocalypse and now the “utopia” spoke not of the place as it was; one simplified and flattened the place while the other elevated and embellished its complex socio-political and economic dynamics.

These interventions, if distilled down to their bare essentials, were asking, nay, forcing Northern Kenya to take up the duties and dynamics of a key player in the regional political economy without the necessary participation of its leaders and/or the consideration of its people’s needs.

The quixotic idea and process of transforming Northern Kenya into a developmental utopia happened with some level of internal conflict. The government and its agents tried to make these dreamy interventions important by downplaying the underlying issues. The technical nature of the project’s large ambition also further obscured any meaningful contributions from Northern Kenya’s leaders who spoke of land, employment, scholarships, corporate social responsibility and compensation. Sometimes, their voices were unanimous that there was no participation but in other instances the leaders spoke as people warming up to and fully acquiesced to the LAPSSET perks. They spoke in the inductive tone of “opportunity” of “potential”, and in those instances, pastoral nomadism as a lifestyle seemed a distant idea.

These inductive tones were forgotten and anger took its place, as was the case earlier this year at the Pastoralist Leadership Summit when the elected leaders resolved, amongst other things, to stop all land acquisition for LAPSSET until all community land is registered. They were a little too late. A gazette notice for LAPSSET’s land acquisition was already in circulation as they made their resolution.

An old anxiety

This developmental frenzy and its attendant worry reminds me of a past cautionary tale of Israelis wanting to buy the fertile soil around Mt. Marsabit. When I heard this in the early 2000s, I wondered why anyone would want to buy soil.

Then this rumour changed shape and became scarier. The Israelis would be given a 99-year lease to start farming in Northern Kenya. When we heard this, we were at once regaled and worried. Back then, I wondered how this mass resettlement will be undertaken, and kept asking myself where we shall all go.

But this story of Israelis, which could not be corroborated, was an inchoate articulation of a deeply ingrained fear in the psyche of the pastoralists in Kenya – that their land will be taken. An anxiety that was always within reach. Seen in history and in the present, from the 20,000 Maasais forcefully resettled twice from their ancestral land to pave way for colonial settlers in the early 20th century to the over 607 km² land acquired for the Lake Turkana wind power project, which sits on only 162 km² of the land acquired. From the oil blocks in Turkana, the mineral prospecting blocks across the North to the four military bases that sit on huge tracts of land in Isiolo and wildlife conservancies supported by well-funded NGOs, there was an encore of fear and anxieties that continue to give the Northerners sleepless nights.

LAPSSET amplified and gave currency to this old anxiety. The Errant Native movement that spoke of imperial demands and of deeply hatched plans was a deeper articulation of this old fear. The curious and distant anxiety of my childhood informed by rumours of Israelis was now an immediate fear. Land for LAPSSET, land for conservation, threats to rangelands, destroyed pasturelands. The ever-present anticipation of some kind of invasion was now turning depressive. This fear gave us enough reasons to believe that anyone who purported to improve or invest in our land was suspect. All this attention without giving the locals a chance to have their views heard was scarier than the promised joy of development “goodies”.

When viewed through Northern Kenya’s old image, the sound and conviction of its single-minded believers was heartening. LAPSSET, and its language of “new”, “development”, “opening up”, “opportunity”, “investors”, “markets”, and “mega infrastructure” felt like a dream come true.

LAPSSET’s initial steps and projects have revealed a wide gap between the intention and its consequences. The projects that came never compensated the communities whose land was acquired for its expansion, such as the airport in Isiolo that kicked out squatters living and farming in that area for the past 60 years. The manner in which land acquisition was being undertaken, the ugly site of extraction, the dust, the vibrations and blasts, the gaping holes in grazing lands, these consequences of development were unknown. Ridyukulass comedy turns to a question…Na hiyo ni maendeleo?  

Commitment beyond optics

Evidently, changes to whole regions like Northern Kenya come based on commitments. The problems in Northern Kenya are a result of negligence. Government interventions are almost always reactionary. Even the new capital being thrown into the region, as my friend puts it, is “superficial cosmetics” without any meaningful benefits to the people. It is called economic exploitation.

The pipeline from Lokichar drained the oil wells to the port at Lamu. The huge electric pillions traversed 400 kilometers of unelectrified lands to join the national grid at Suswa. Northern Kenya’s dissatisfactions and the only visible effort to try and reclaim and possibly reinvent the manner of the intervention has often been hijacked or met with serious rebuke. Turkana County Governor Josephat Nanok’s verbal exchange at a public function in Lodwar expressed his dissatisfaction with how the oil revenue was being manipulated. “We oppose the reduction of the [Lokichar oil] revenue percentage to be allocated to the county, which has been capped from trillions to 22 billion, and even the benefit to the community from 10% to 5% then capped to 3 billion, that’s my problem.” Nanok’s sentiments and request to Uhuru “to help us to oversee these resources and save it for the future…and if you help us do that, you will be listened to.”

The president’s reactions to Governor Nanok was illustrative of the tone that had put Northern Kenya where it had always been. “Mtu akisimama hapa aseme Uhuru ana haja na mafuta ya wengine…..ashindwe na …… shetani Mshenzi……….alafu mjinga anakuja kusema ni mimi nafanya mambo ya…..eh!   hiyo siwezi…” If someone stands up to say Uhuru has interest in other people’s oil…devil…uncouth…stupid person says I am doing…I can’t…

Insulting a respected leader in front of his own people by calling him “shetani” “mshenzi” and “mjinga” does not foster trust in the government. Moreover, Uhuru failed to understand that Nanok’s dissatisfaction was not mere apprehension; his words drew their credence from a collective discontent in Northern Kenya. But Nanok’s insistence for higher perks was in Uhuru’s indecorous riposte received as an atypical expectation; it went against the narrative of what the government expected from the Northerners. It was markedly different from the assurances that the government was giving to investors through LAPSSET.

More indignities are probably in the pipeline. The centre doesn’t respect these people who are now asking to be consulted. “Tuwaulize nyinyi kama nani?” is the tone of the government. This is Kenya.

Nanok’s request and the court case from the community at Sarima over the land acquisition for the Lake Turkana wind power project are demands for a certain type of visibility in Kenya. This fight for visibility is often expressed in bitter tones. The protracted legal battle is again indicative of how unrelated the projects are to people’s needs.

On the ground, the articulation on LAPSSET has taken the same tone of bitterness. What the communities in Northern Kenya want is simple recognition – that they are a people and anything to be done on their land has to be through them. It is a simple enough request; to be heard, to be listened to, to be respected and be duly compensated for any disruption in their livelihood.

Insulting a respected leader in front of his own people by calling him “shetani” “mshenzi” and “mjinga” does not foster trust in the government. Moreover, Uhuru failed to understand that Nanok’s dissatisfaction was not mere apprehension; his words drew their credence from a collective discontent in Northern Kenya.

The numerous cases presented at the National Environmental Tribunal (NET) speak of this need for participation. But the government’s attitude can be seen in the three-judge bench that recused itself from the ongoing case on the Lake Turkana land acquisition. The government is buying time but the people are patient, even as key witnesses are dying.

This agitation and the fight for land in Kenya is everywhere. The Maasai case in Laikipia, the MRC Pwani si Kenya campaigns and land agitations in the Rift Valley areas speak of a familiar Kenya. Parselelo Kantai, in his paper “In the grip of the vampire state”, says, “The Maasai campaign speaks of the State’s failure to institute a new constitutional order. It was born of a realisation that the State whether in its colonial or its postcolonial phase was not just unwilling to address the community’s grievances, but had an active interest in perpetuating them.”

Despair

I have been to forums on LAPSSET in which the overriding sentiments of the community reflect impatience, anxiety, fear and resignation. Protest against LAPSSET component projects is registered in one of these shades of despair. In a protest that had blocked road construction two years ago along the A2 road in Marsabit, an elder had spoken about how the Isiolo-Marsabit-Moyale road had destroyed water pipes and denied his village members access roads to their residences, and about the excessive dust and noise at night. The village elder had told me that they had had seven meetings with the county commissioner and the district commissioner about the matter and that they were now very tired. He said, “We shall see if the government will put all of us in the same mortar and pound us.”

This same emotion is witnessed among squatter groups kicked out of the Isiolo airport. This despair is often articulated as the loss of traditional culture or heritage. Whenever I think about this despair, the image that comes to mind is that of a Maasai moran seated on a narrow path, his head bowed, his hope and pride gone, the carcasses of his dead cows strewn across the path, cows that were shot dead by the Kenyan police for “invading” private ranches.

This shooting of livestock was for a long time legal in Kenya. Before it was repealed in 1997, the Special District Act stated that “an administrative officer, police officer or tribal police officer in charge of a party or patrol may destroy or order the destruction of any cattle seized, detained or taken in charge by that party or patrol if, in the opinion of that officer, and after exercising all reasonable diligence for the safeguarding of the cattle, it would endanger the party or patrol, or any member thereof, to attempt to retain the cattle alive.”.

Who benefits?

The vision for LAPSSET comes from a specific place and history. Unless it confronts that history without wishing to turn it on “its head”, it will always be problematic. No matter how gorgeous the stories sound and how glamorous the pictures coming out of the North are, the fact remains that the primary beneficiaries of these “developments” are the elites in Nairobi. Marsabit, while sending 310MW of clean energy to Nairobi, uses diesel-powered and rationed electricity. There are all the hallmarks of exploitative development: oil from Lokichar, wind power from Marsabit, and an airport in Isiolo for miraa and meat exports.

A retired major in Isiolo, who I have had conversations with on land, the Northern Rangeland Trust’s conservancy model, and LAPSSET gets visibly angry with the idea of “opening up” the North for investors.“Who said the investors have to come from outside? Have we been taking care of these lands for others to now come in to take over without consulting us?”

This anger lies simmering just below the surface. Ideas about foreigners coming to “to play golf in our pasturelands” and of “our men becoming watchmen and cleaners in the big hotels” speak about bigger unaddressed questions. This vision of development was sold incoherently to the people.

I have been attending almost all the meetings on environmental impact assessment studies and seen how the LAPSSET vision and strategy were unfamiliar to the residents. The worries and anxieties about LAPSSET were couched in the language of despair and sometimes came out as threats. The answers the local communities received have been elusive. Questions about benefits accruing to the communities have not been adequately addressed. No one speaks about corporate social responsibility.

This anger lies simmering just below the surface. Ideas about foreigners coming to “to play golf in our pasturelands” and of “our men becoming watchmen and cleaners in the big hotels” speak about bigger unaddressed questions. This vision of development was sold incoherently to the people.

LAPSSET is an unfair construct. Its exploitative details and tendencies is structured in such a way that the communities affected won’t benefit and their expectations won’t be met. The multinational investors who arrive in this “investors’ paradise” know this very well and are known to throw a few millions shillings to the community as diversionary measures through highly publicised corporate social responsibility projects. The inchoate articulation couched in the request for “corporate social responsibility” calls for allies. Leaders, NGOs, the media, activists, policy makers and even academics need to move with the community into a more inclusive thought process, which is necessary for the conception of development of the North, a process that recognises and respects different socio-economic lifestyles.

Organised resistance

Past political resistance in Northern Kenya has been crushed by an overbearing centre and that experience continues to mark the relationship between the North and the central government. The trauma of the Shifta wars and of the Wagalla and other massacres is within living memory.

Even so, communities, when resisting this imposed development, speak about culture and heritage. But through writing complaint letters, public protests and filing their dissatisfaction with the heavy-handed manner and the back-handed dismissal of their concerns, an environment for an organised resistance is being cultivated.

Between Prof. Lonyangapuo saying, “Never ever make decisions while swinging in your armchair while seated in Nairobi” and the village elder in Marsabit invoking mortar and pestle as metaphors of state power, something needs to be registered.

That the government is investing in such mega infrastructure without a proper buy-in from the communities is a recipe for future disaster. Those investments are easy targets for expressing dissatisfaction with the government for the economic exploitation that is being undertaken in the name of development and of opening up. The fire next time is a matter of conjecture. All the elements are slowly falling into place. A time will come when the people will be angry and willing enough to face the mortar and pestle of state violence.

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‘You’re Not Welcome Here’: How Europe Is Paying Millions to Stop Migration From Africa

8 min read. Instead of addressing the root causes if illegal migration to Europe – including the exploitation of the Global South by the Global North – EU countries are evading the problem by paying off African countries to intercept the migrants before they reach European shores.

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‘You’re not welcome here’: How Europe Is Paying Millions To Stop Migration From Africa
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It is a known fact that Europe has been struggling with a serious migrant crisis in the last ten years. What is less known is that the ghost of a tremendous accusation is hovering over the plans established by the European authorities to contain the apparently unstoppable flow of immigrants. According to some sources, the funds that have been allocated to control the migratory flows have been diverted to support paramilitary forces or other nefarious organisations involved in human trafficking.

These forces allegedly act as a buffer that prevent people from reaching Europe by all means (even the most violent ones) rather than addressing the root causes of irregular migration. The European Union (EU) authorities denied all the accusations, and even suspended some of these funds, a move that has been seen by some as an admission of guilt. Although cutting the proverbial Gordian knot and finding the truth may be impossible right now, let’s try to clarify what is happening today by providing a better overview of the current scenario.

Europe and the 2015 migrant crisis

Every year, hundreds of thousands of displaced people and refugees from Africa, Eastern Europe, and the Middle East flee complex emergencies, natural disasters, and wars. They join the already immense river of humans who try to escape poverty and desperation by immigrating to the Old Continent. The reasons for this huge flow of humans are many, ranging from the recent political turbulence following the Arab Spring, to the evolution of the many conflict theatres and the harsh consequences of climate change.

Even if a solution could be found to stop each one of these different scenarios, it would require many years before it could bring any tangible change or impact. A lot of rhetoric ensued until a huge divide split the cacophonous political debate into two entrenched factions whose opinions cannot seem to be reconciled anytime soon. For some, these people are an invaluable resource that can rejuvenate a dying continent suffering from a chronic lack of a fresh young unspecialised workforce. For others, they are just parasites who can undermine the very roots of the Christian-based European culture, endangering the entire social fabric of a society that has based its wealth upon slavery, colonialism, and the exploitation of people for centuries.

However, an indisputable problem still had to be dealt with – the number of irregular immigrants reaching Europe was way too high to be managed. With over 2 million illegal crossings detected between 2015 and 2016, it was clear that the old containment policies were desperately failing in so many ways that they held no water whatsoever. Extremist and right wing political forces took advantage of this crisis to pull the whole continent into a populist drift, with racism and segregation running rampant to fuel hate, fear, and ancient religious rivalries. For the first time in decades, the European Union (EU) was facing the risk of having to deal with a widespread social crisis that could destabilise the entire political and economic asset. A plan that could address the different root causes of these never-ending migratory flows could hardly be imagined.

But the EU authorities had to find a rapid solution. They didn’t have the time (nor the interest) to tackle the reasons why these people were desperate and poor. Rather than caring about the lives of these masses of destitute individuals who were immigrating to Europe, they decided to stop them in their tracks before they could cross the borders. To put it bluntly, desperate and poor people from Africa, Eastern Europe, and the Middle East were still left desperate and poor – they only had to be desperate and poor somewhere else.

Turning a blind eye to the massive human crisis

The measures taken to manage the migrant crisis have been incredibly effective, and in less than five years, the number of migrant arrivals to Europe dropped by 90 per cent, from over 2 million to just 150,000. But at what price?

In a nutshell, the overall plan was quite simple: the EU authorities would ask other countries to “keep the migrants away” while they turned a blind eye on the methods used to achieve this goal. In theory, they were distributing hefty amounts of money to African and Middle Eastern countries to counter “human trafficking and smuggling” by breaking their “business model” in order to “offer migrants an alternative to putting their lives at risk”. In practice, these funds often ended in the hands of unscrupulous militia forces and shady organisations that prevented the most vulnerable people from reaching the borders of the EU member states with any means necessary – including the most inhumane ones.

One of the most important steps of this plan to “contain irregular migrants” was making arrangements with Turkey and Libya to prevent refugees from reaching the Old Continent’s borders by blocking all their land or sea routes. On top of that, whenever a migrant was caught crossing the Mediterranean to the nearby Greek islands, Spain or Italy, he or she would be sent back to Turkey or Libya to be “temporarily” locked in some prison. But the scenario that originated from these pacts was less than ideal at best, and eventually forced thousands of refugees to endure months of detainment in inhumane conditions in dilapidated detention centres.

The measures taken to manage the migrant crisis have been incredibly effective, and in less than five years, the number of migrant arrivals to Europe dropped by 90 per cent, from over 2 million to just 150,000. But at what price?

Several organisations, such as Amnesty International, Human Rights Watch, the United Nations Human Rights Council, and the European Council on Refugees and Exiles have alreay denounced the “degrading” conditions suffered by the detainees in Libya. Men and women are raped, abused, and beaten on a daily basis; some have spent months or years locked up. People are exposed to contagious diseases, such as tuberculosis, and often die from sickness, malnourishment, or neglect while in detention. The UNHRC went so far as to determine that the conditions in some of these detention centers may even “amount to torture”.

Despite being fully aware of the inhuman conditions faced by these migrants, the EU keeps contributing to this massive process of human exploitation in many ways. The Libyan authorities have been provided with the necessary funds and resources to intercept men, women, and children at sea. Italy donated several patrol boats to the Libyan coastguard and the training required to operate them as efficiently as possible during Operation Sophia. Even the Visegrad Group countries (Hungary, Poland, Slovakia, and the Czech Republic) provided an additional 35 million euros on top of the 10 million handed over by the EU. It comes as no surprise since their borders are constantly under the pressure of the thousands of immigrants who hope to escape poverty and find a chance for a better life.

One word – interception – has become the answer to the whole migrant crisis rather than reception. What happens to these people once they are stopped from reaching the borders of the richer First World countries doesn’t matter anymore. One may wonder whether this choice was just the result of a somewhat short-sighted strategy that only cared about reducing the death toll of people drowning in the Mediterranean sea. Maybe it is a component of a more complex (and inhumane) plan of externalising border control to Northern African countries. A strategy to keep poor people from escaping the poor countries where they live.

The Khartoum Process

Another action taken by the EU to stem the number of people reaching their coasts and borders was establishing the so-called “Khartoum Process”. Amidst the 2015 crisis, African and European leaders met in Malta during the Valletta Summit on Migration to discuss a common plan to address the problem. After the summit was over, the EU agreed to provide the African countries who accepted to help out in the crisis with an Emergency Trust Fund that was worth billions of euros. The fund was set up “to foster stability and to contribute to better migration management, including by addressing the root causes of destabilisation, forced displacement and irregular migration.”

Many projects eventually fell under the banner of the Emergency Trust Fund, such as the Operation Sophia mentioned above, as well as the less known but no less opaque Khartoum Process. Once again, this initiative consists of a series of financial incentives provided by the EU member states to African countries who can help in the fight against human trafficking and people smuggling. The only difference is that these funds are provided to prevent exploitation along the migration route between the Horn of Africa and Europe. The countries involved include Djibouti, Eritrea, Ethiopia, Kenya, Somalia, Sudan, South, Sudan, Uganda, and Tanzania.

One word – interception – has become the answer to the whole migrant crisis rather than reception. What happens to these people once they are stopped from reaching the borders of the richer First World countries doesn’t matter anymore.

Sudan, in particular, has been used as a buffer zone to exert effective extraterritorial control of the migration routes used by people who want to reach Europe from across Africa. Just like Italy did with Libya, Germany started a project to train Sudanese police officers and border guards, and an intelligence centre was founded in the capital Khartoum.

So, why did the EU announced the suspension of these projects in July, some of which were halted at least since March?

This time, some Sudanese and Eritrean rights groups accused Donald Tusk, the president of the European Council, of cooperating with “regimes and militia forces that are entirely unaccountable” and are “known for systematic abuses”. The funds have been, in fact, used to deploy the infamous Rapid Support Forces (RSF) – the heirs of the brutal Janjaweed led by Mohamed Hamdan “Hemeti” Dagolo. We already talked about the violence that the Janjaweed unleashed upon Sudanese civilians during the recent uprising, as well as the war crimes and genocide they committed in Darfur back in 2003. The RSF fighters found their own solution to stop migrants – they tortured them, forced them to pay bribes, and in some instances, even smuggled them (possibly if they paid enough).

So, in a nutshell, the EU paid smugglers to stop human smuggling and traffic – and they were fully aware of that. It was even noted that the RSF could divert resources “for repressive aims”. Just like in Libya and Turkey, Europe knew what was happening, but preferred to simply look the other way.

This time, some Sudanese and Eritrean rights groups accused Donald Tusk, the president of the European Council, of cooperating with “regimes and militia forces that are entirely unaccountable” and are “known for systematic abuses”.

Even if the project is now suspended, and the EU maintains that the RSF forces have never been funded or equipped, the Sudanese police received training and significant financial resources (40 million euros). This is the same Sudanese police that brutally repressed the pro-democracy, anti-government demonstrators during the last months of protest. Once again, all the projects that fall under the Khartoum Process umbrella do not address any of the “root causes” of uncontrolled migration and human trafficking. Without going so far as to say these projects are a true travesty, it can’t be denied that right now they’re nothing but extraterritorial disguised control of the borders.

Not my brother’s keeper

Today, Europe is simply turning a blind eye to one of the largest humanitarian crisis of this century. But hoping that desperate people will bring their misfortune somewhere else is not just a cowardly policy, it is a downright cruel choice made by people with no traces of humanity. It is highly hypocritical for Western countries to claim that they want to address the “root causes” of the tremendous strife that brings so many people to leave their homelands. In fact, most of these “root causes” originate from the endless exploitation of lands and resources of the Global South that seemingly sustains the whole capitalist system. In fact, when over 37,000 people are being forced to flee their homes every day, it doesn’t look like the situation has improved in any way. Today, the developed countries host just 16 per cent of these refugees, while the vast majority of them are found in Turkey, Pakistan, Uganda, and Sudan.

When the Roman Empire had to deal with the massive migrations that occurred during the fourth century A.C., the Emperors simply preferred to close their borders, leaving countless displaced people to die of sickness and starvation in front of their doors. Open revolt ensued, however, when those masses of destitute people became so desperate as to kill Emperor Valen, eventually causing the fall of the entire Roman Empire.

History teaches us that everything that happened once may happen again – especially if so many people are driven up the wall for so long.

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The Fire Next Time: ‘Bedroom’ Politics in the Kibra By-Election

11 min read. The Kibra by-election was not so much about the 24 contestants that took part in the race, but was more about a competition between the two biggest political parties, and between two bitter rivals, Raila Odinga and William Ruto. It was also a dress rehearsal for the 2022 elections, which, if this by-election is anything to go by, promises to be highly contentious.

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The Fire Next Time: ‘Bedroom’ Politics in the Kibra By-Election
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Something startled where I thought I was safest. – Walt Whitman

My Dungeons Shook – The Fire Next Time by James Baldwin

On Saturday 9, 2019, two days after the hotly contested Kibra by-election had taken place and the dust had settled, Raila Odinga, aka Baba, was in an ecstatic mood: he gathered around some of his closest associates that had helped him campaign to retain the Kibra seat by hook or crook for a toast-up at his Karen home.

The ODM party candidate had triumphed over an onslaught that had threatened to torpedo Raila’s iron-grip stranglehold over a constituency that had, over time, become synonymous with his name and political career. But it was a victory that been won with “blood”: Bernard Otieno Okoth, aka Imran, took 24,636 votes while his closest nemesis, McDonald Mariga Wanyama, an international footballer-turned-betting-billboard-face, had carted away 11,230 votes. Although there were no casualties, voters had been roughed up and beaten.

As one of ODM’s foot soldiers from Ololo (Kaloleni estate, off Jogoo Road in Makadara constituency) later confided in me, “There was no way those rural folks (referring to William Ruto’s gang of MPs, mainly from western Kenya, and their supporters) were going to storm our grounds. Hii tao ni yetu, tumekuwa na mzae tangu 90s, na tumepingana vita nyingi sana…hao watu walikuwa wanacheza na nare.” This is our turf and we’ve been with Raila ever since the 90s, and we’ve fought many bloody wars, those people were stoking a war and playing with fire.

As a diehard supporter of Raila Odinga, the stocky foot soldier, now in his late 30s (he is a former bantamweight boxer)m said he had not slept for three consecutive days: “Kibra ni bedroom ya mbuyu na wewe unaleta mbulu pale…utatembea buda.” Kibra is the old man’s bedroom and you want to desecrate it…you’ll pay for it.

He said in those three days, all the foot soldiers’ work was to screen all “foreigners” entering Kibra. This was evident to me because I had also been forewarned by my minders that I should now be extremely careful when going to Kibra for my journalistic work.

And that is all that mattered. The rest of other 22 contestants were neither here nor there, including ANC’s Eliud Owalo, a one-time Raila’s confidante who collected 5,275 votes.

According to IEBC (Independent Electoral and Boundaries Commission)’s 2017 figures, Kibra has 118,658 registered voters and 24 polling stations. In the just-concluded by-election, a paltry 41,984 people voted, constituting 35 per cent of the electorate. In the 2017 presidential election, 18,000 people voted for Uhuru Kenyatta, the Jubilee Party’s presidential candidate. The Jubilee Party candidate Doreen Wasike got 12,000 votes. The 6,000 extra votes that increased Uhuru’s number to 18,000 came from the Nubian community resident in Kibra.

As Raila and his friends were sipping champagne on a sunny Saturday afternoon, Ruto was gnashing his teeth, furious to the point where he refused to meet with the buddies he had campaigned with, according to media reports. However, his chief noisemaker, the rabblerouser Dennis Itumbi, denied that his boss was in a foul mood after the by-election.

Kibra constituency, formerly part of Langata constituency, has been a hotbed of political contests ever since Raila opted to stand in the constituency in 1992, the year the country returned to multiparty politics. Two years before that, in 1990, Raila, who had been exiled in Norway, had come back to Kenya to be part of the “Young Turks” who agitated and pushed for political reforms. He had stood in what was then known as Kibera constituency in the first multiparty general election and from then on Kibera became his enclave. That is why, in the run-up to the by-election, Raila “privatised” the constituency and called it his bedroom, in a (desperate) effort to rally around his troops to vote for Imran and to affirm to his current biggest political rival, William S Ruto, that Kibra was impenetrable to the latter’s political whims.

According to IEBC (Independent Electoral and Boundaries Commission)’s 2017 figures, Kibra has 118,658 registered voters and 24 polling stations. In the just-concluded by-election, a paltry 41,984 people voted, constituting 35 per cent of the electorate.

That is why the Kibra by-election was not so much about the 24 contestants that took part in the race, but was more of a competition between the two biggest political parties, the ruling party Jubilee and ODM, and between Raila Odinga and William Ruto. Imran and Mariga were just pawns in a much bigger and wider plot linked to the 2022 presidential succession political chess game in which the two have staked their ambitions and claim.

Three weeks to the by-election, I met with one of Ruto’s bosom buddies who was coordinating the campaign behind the scenes. “If we wrestle the Kibra seat from the kitendawili (riddles) man, we’ll have completely changed the political map of not only Nairobi County, but of the country,” he had said to me. “We will configure national politics and consign Raila to a corner. And then relish to face him in 2022.”

The Ruto man told me that in the lead-up to 2022, their chief tactic is to draw Raila into a two-horse race, in which case, “I can assure you, we’ll pulverise the enigma [one of the monikers used to describe Raila] once and for all”.

It understandable, hence, for Ruto to have taken the defeat personally and Raila to have gloated – but for how long?

In many ways, the by-election was a curtain raiser, a preamble and a showdown of what to expect in 2022, the year Kenyans once again go to the polls to elect a new president. The violence witnessed in Kibra will be multiplied at the national level. The money that was thrown at the electorate in little Kibra will seem like cash for an afternoon picnic as the chief contestants in 2022 open their war chests to woo an even hungrier electorate, ready to settle scores and be manipulated. The shadow line-ups that we saw falling respectively behind the protagonists will be reshaped many times over before 2022.

The by-election was also about the “big boys” (Raila and Ruto) settling scores and about cementing the burial rites of the already dead NASA (National Super Alliance), the fledgling and motley coalition that brought together Raila Odinga, Kalonzo Musyoka, Moses Wetangula, and Musalia Mudavadi. In addition, it was about the extension of the supremacy battles being fought between the Jubilee Party wing of President Uhuru Kenyatta and its rival that is being led by his deputy – in essence, the trooping of colours between #Kieleweke group and the #Tanga Tanga brigade.

Could this by-election also have signalled the death knell of the Jubilee Party as currently constituted?

The Ken Okoth factor

The by-election was a function of several variables, including what can be referred to as the Ken Okoth factor. Okoth, who died from colon cancer at the age of 41, was the Kibra MP when he succumbed to the killer disease on July 26, 2019.

Okoth was elected in 2013 in the newly created Kibra constituency, which was hived off from the larger Langata constituency to Raila’s chagrin. (This is a public secret.) Even though Okoth was elected on an ODM ticket, he was not Raila’s first choice. Okoth was an independent-minded politician and a popular and well-liked local boy. Home-grown and well-educated, he understood the problems of the infamous Kibera slum like the back of his hand. He was suave, well-spoken and a terribly likeable man.

When he became the MP, he charted an even more independent path: he decided he was not going to be anybody’s protégé. So he cultivated his political friendships across party divisions. As a man who understood the power of education (he was the recipient of a sound education from Starehe Boys’ Centre, where he was educated on a full bursary), he invested heavily in education in Kibra. A good secondary education, like he used to say, had saved him from the clutches of poverty.

Okoth built eight secondary schools in Kibra and expanded many of the primary schools to have a secondary school wing. He rightly argued that since many Kibra parents could not afford to take their children to boarding schools, he would lighten their burden by constructing local secondary schools. He also gave out lots of bursaries to parents who struggled with fees. Any pupil who got 350 points or more in his or her KCPE (Kenya Certificate of Primary Education) exam got full bursary to transition to high school.

Even though Okoth was elected on an ODM ticket, he was not Raila’s first choice. Okoth was an independent-minded politician and a popular and well-liked local boy. Home-grown and well-educated, he understood the problems of the infamous Kibera slum like the back of his hand.

Juliet Atellah, a Kibra resident from Gatwekera village in Sarang’ombe and a double maths and statistics major from the University of Nairobi can attest to this. “When Okoth become MP, he told us education was the key to success. He implored us to work hard in school as he also worked hard to ensure Kibra youth interested in education benefitted from a bursary.” It is something that Okoth continually preached till his death.

Okoth, also, through his Jubilee Party networks, tapped into the National Youth Service (NYS) resources to create some employment opportunities for the youth of Kibra. This cross-cutting political parties’ engagement would land him into trouble with ODM mandarins who accused and suspected him of cavorting with the enemy. “By opting to work with Jubilee Party functionaries, Okoth looked at the bigger picture: what mattered most, according to him, was how best to improve the quality of lives of Kibrans. If the help would come from his presumed ‘political antagonists’ so be it,” said a friend of the late MP.

He relegated the work of managing the bursaries through the Constituency Development Fund (CDF) to his brother Imran. Little wonder then that his brother clinched the ODM ticket, but not without loud grievances. According to my sources within the ODM party, Peter Orero (popularly known as mwalimu), the Principal of Dagoretti High School, and also the former principal of Upper Hill High School, had won the ticket, but to stem the fallout that was going to befall the party as it faced its greatest onslaught from Ruto, a man who was staking his all to capture the seat, Raila opted to hand the ticket to the former CDF manager.

Disgruntled followers

Kibra constituency residents are some of the most politically “woke” electorate that this country has ever produced. Their political consciousness is high and battle-hardened from their brutal fights with the Kanu regime in the 1990s. The people of Kibra know their politics well. This is courtesy of Raila Odinga, who for a long time championed the political struggle for equity and social justice in the country. As their MP, Raila encouraged Kibra voters to fight for their rights and to demand no less than his rightful representation.

But the burden of the “handshake” between Raila and Uhuru Kenyatta had reared its ugly head and it was evident that Raila struggled when campaigning in his former constituency. “With the handshake, Raila commercialised the struggle,” said a politician who has known him since the multiparty struggles of the 90s. “The handshake had confused his base, angering many and disillusioning a great deal of people who had stood with him all the way. Until, the death of Okoth, Raila had not stepped in Kibra to explain the handshake. Instead, when he shook Uhuru’s hand, he headed to Kondele in Kisumu to appease his other equally fanatical base, 300 kilometres away.”

The politician said that Kibra people have yet to enjoy the handshake’s dividends. “Many of the youths who were shot at by police when defending Raila were from Kibra, yet the handshake projects have all been taken to Kisumu. Although the Kibra electorate is still fanatically loyal to Raila, they were also passing a subtle message to him – it about time you re-evaluated your politics with us.”

Kibra constituency residents are some of the most politically “woke” electorate that this country has ever produced. Their political consciousness is high and battle-hardened from their brutal fights with the Kanu regime in the 1990s.

Hence, it was not lost to keen observers that for the first time since Raila began campaigning in Kibra in 1992, he had been forced to solicit for votes beyond Kamukunji in Sarang’ombe ward. “For the first time,” said a resident of Sarang’ombe, “Raila had been forced to campaign in Bukhungu in Makina, Laini Saba, and Joseph Kange’the in Woodley.” As the area MP, Raila would campaign only in Kamukunji grounds and with that he would seal his victory and close that chapter. The rest of the voters would fall in place.

Sarang’ombe ward has the largest number of voters, largely comprising Luos and Luhyas. The Luos are concentrated in Kisumu Ndogo village, while the Luhyas are to be found in Soweto and Bombolulu villages. There are about 6,000 registered Luhya voters in both the villages, while there could be about 20,000 Luos in Kisumu Ndogo. The other large concentrations of Luhyas are located in Lindi and Makina. Hence the reason why Raila went to campaign in Makina. He also campaigned in Woodley on Joseph Kange’the Road, because it has a large population of Kikuyu voters.

New alliances and 2022 politics

If campaigning on “virgin” territory was not too much of a stretch, Raila had to enlist the support of seven governors: Alfred Mutua of Machakos, Ann Mumbi Kamotho (previously known as Ann Waiguru) of Kirinyaga, Charity Ngilu of Kitui, Kivutha Kibwana of Makueni, James Ongwae of Kisii, John Nyagarama of Nyamira and Wycliffe Oparanya of Kakamega. “Ruto with his loads of money was piling pressure on Raila and he wasn’t going to take any chances,” explained one of Raila’s associates.

So, on October 30, 2019, nominated MP Maina Kamanda, Kigumo MP, Ruth Mwaniki and David Murathe (President Uhuru Kenyatta’s hatchet man) met with Raila to ostensibly pledge the Kikuyu electorate’s and President Uhuru’s support for the ODM candidate Bernard Otieno Okoth aka Imran. At the meeting, Mwaniki hinted that McDonald Mariga Wanyama, the Jubilee Party candidate, had been forced on the party leadership and President Uhuru: “I don’t know why some leaders [referring to Deputy President William Ruto] in Jubilee dragged Mariga into the race.”

In the spirit of the handshake, Kamanda said he would rally the Kikuyu voter to throw his lot with Imran: “When you see me here, know that President Uhuru Kenyatta is here.”

On the previous day, the former Starehe MP had told the Kikuyus in Kibra, “On November 7, please come out in large numbers to vote for Imran. Imran’s victory will be a big win for the unity of this country.” He was referring to the now mercurial political handshake that President Uhuru and Raila cemented on March 9, 2018. The handshake between the two bitterest rivals gave birth to the Building the Bridges Initiative (BBI). The acronym has been baptised many things, the latest one being Beba Baba Ikulu. Take Raila to State House.

On that same day (October 30), Raila had separately met with Kikuyu and Kisii opinion shapers from Kibra at his office in Upper Hill, before descending to Kibra again in the evening, three days after he had held a rally there on October 27, a Sunday. This same day, as Raila met with the respective community leaders, he confided in a mutual friend who he had lunch with at Nairobi Club that Ruto was breathing down his neck, and giving him a run for his money in his erstwhile constituency that he had represented for a quarter of a century.

During the time that Raila stood in Kibra, the Luhya community had also stood with him. They voted for him to the last man, “but when Okoth died, the Luhya nationalists in Kibra and elsewhere thought ‘it was their time to eat’”, a Luhya politician who stood as a senator in western Kenya said. “The Luhya felt the time was ripe to get paid for standing with Raila all these years since 1992.” The politician reminded me that even when Michael Wamalwa died in August, 2004, the Luhyas remained strong supporters of Raila.

Feeding on this Luhya nationalism, Ruto and his band of Luhya MPs from western Kenya landed in Kibra, and hoped to hype this reigning scepticism to maximum effect. So when Bernard Shinali, the MP for Ikolomani, was caught by the hawk-eyed ODM foot soldiers dishing out money to potential voters in Kisumu Ndogo three days before voting day, he, like the former Kakamega Senator, Bonny Khalwale, wanted to prove to their boss Ruto that they were ready to deliver the Kibra Luhya vote to him. The other Luhya MP from western who would be deployed to Kibra was Benjamin Washiali of Mumias and Didmus Barasa MP of Kimilili.

In all probability the Kibra by-election offered Kenyans a trailer of how the 2022 presidential elections will be and how they will will be fought. Will that election be a contest between Raila and Ruto? If the parading of the troops from both sides is anything to go by, the sneak preview of the troops’ formation promises many shifting alliances.

Wavinya Ndeti, the former MP for Kathiani and a governor candidate for Machakos County in 2017 on a Wiper Democratic Movement (WPM) ticket – but nonetheless aligned to Raila – allegedly moaned loudly, after seeing Mutua in Kibra. Had Raila dumped her by inviting the Machakos governor into his “bedroom?” Kalonzo Musyoka, one of the four NASA co-principals is mum, but when he said he would be supporting the Ford Kenya candidate Ramadhan Butichi, he invited opprobrium from ODM mandarins. My friends in ODM hinted to me that Kivutha is the man to checkmate Kalonzo. What about Musalia Mudavadi, the other NASA co-principal principal? Is Oparanya being propped up to replace him?

The fact that President Uhuru Kenyatta has not made any comment on the by-election, and has not appeared anywhere near Kibra to campaign for the Jubilee Party candidate speaks volumes about whether indeed Mariga was a Jubilee Party candidate, I told a close associate of the deputy president that Ruto and Mariga had camped at State House for two days to get the president’s audience. It was only on the second day that Ruto showcased Mariga to the president, who fitted Mariga’s football head with a Jubilee cap. “That is all true,” agreed the associate, “but the president is a grown up, how do you force anything onto a grown up?”

What is clear, however, is that as 2022 fast approaches, the Kibra by-election of November 7 marked the unofficial commencement of the 2022 campaign season in Kenya with Ruto’s aggressive raid into Odinga’s “political bedroom”. Now, as pundits, political analysts, and the media try to explain what this political drama will mean for the future of Kenya’s politics, the central question that Kenyans need to ask is what role they will play in shaping a prosperous future.

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