Connect with us

Politics

Power Struggles: Unmasking the Thieves behind the KPLC Heist

Published

on

POWER STRUGGLES: Unmasking the thieves behind the KPLC heist
Download PDFPrint Article

In Kenya, corruption conjures up images of a favourite pair of well-worn and spit-polished shoes that one cannot bear to throw out. We roll the word on our tongues and give it pet names, such as scandals, hustling, deals, cat-walking, growing legs, eating and kitu kidogo, to name a few. The word “theft” is rarely used in public because it would entail naming the thieves and allowing ourselves to experience the full extent of the violation, complete with a sense of guilty silence and complicity. The euphemisms we use ensure that we never unmask the perpetrators beyond the frontline scapegoats, who in any case, almost always get off scot-free.

Now, a true story:

An 80-year-old lady sits in her daughter’s living room and asks animatedly, “What did Twitter say today? Eh heh? Oooh, I really want to thank Twitter for helping me. I have been suffering so much that I wished I was back in the days of ukoloni, where things worked, at least. . .” That this old mama can long nostalgically for the good ol’ days of colonialism is indeed a damning indictment on the state of Energy Capture in Kenya today.

This pensioner, who is convinced that Twitter is an actual person, had been faithfully paying her “lifeline consumer” electricity bill – consistent at Sh1,000 every month – for five years until it inexplicably leaped up to an eye-watering Sh62,000, resulting in the summary disconnection of her electricity. Fortunately, and in response to an online alert, an off-grid solar power distributor has since provided a domestic solution for her. Pro bono. However, pro bono solutions – to fill the gap created by fraudulent bills – cannot be the solution for the more than 6.6 million electricity consumers in Kenya today.

The #SwitchOffKPLC campaign

Since January 2018, the Kenya Power and Lighting Company (KPLC) has found itself in the throes of an Alamo-type siege advanced by an organically mobilised and extremely angry battalion of Kenyans from all walks of life in a highly political but absolutely non-partisan, non-class based and non-ethnicised action for Energy Justice.

The #SwitchOffKPLC campaign that started on Twitter and has since spread through wider social media spaces has unleashed an unprecedented and massive outcry against KPLC following nine consecutive months of shocking and fraudulent fleecing of electricity consumers. This campaign has partly been fuelled by KPLC’s “pay-first-ask-questions-later” motto, which left many consumers with inflated bills that they were forced to pay to avoid being disconnected.

With more than a thousand detailed emails sent to the SwitchOff hotline and thousands more shared online, the trends demonstrate how electricity consumers have been pistol-whipped half to death by these rabid cartels that prowl the hallways of Kenya’s energy sector. These cartels hide behind endless technical jargon and are fronted by ruthless “customer care” and field staff. Consumers are more than ever aware of how it is that they are misused and abused victims of an equal opportunity heist that is perfected year in, year out.

With more than a thousand detailed emails sent to the SwitchOff hotline and thousands more complaints shared online, the trends demonstrate how electricity consumers have been pistol-whipped half to death by rabid cartels that prowl the hallways of Kenya’s energy sector.

What is powerful about the #SwitchOffKPLC campaign is the relatability of the theft. When ordinary Kenyans attempt to fathom corruption scandals that are in the millions and billions, the zeroes become far too many to compute but this is not because we are stupid; it is rather because we have been traumatised to the point of absolute numbness. Or cynicism. The theft is therefore rendered abstract and quickly placed aside. What the #SwitchOffKPLC campaign does is that it highlights, in simple terms, the extra tens or hundreds and thousands of shillings that individual Kenyans are forced to part with for no reason other than blatant theft. And what an eye-opener it has been. Consumers are fed up. They are acting.

Unholy trinity

Let us start at the beginning.

The 96-year-old Kenya Power and Lighting Company (which has been rebranded as Kenya Power), is one of the oldest monopolies in Kenya. Kenyans have been born, lived and died paying monthly dues – unquestioningly – to this behemoth of a parastatal that has always been quick to remind them that electricity is a privilege that can be withdrawn at any moment for any number of reasons. With a 50.1 per cent government stake and approximately nine other shareholders owning between 0.0065 and 1.46 per cent of the company, KPLC is de facto controlled by a tightly-knit group of actors, said to include Mama Ngina, the mother of President Uhuru Kenyatta, and some well-known, self-styled tycoons.

The KPLC trinity is completed by the Kenya Electricity Generating Company (KenGen) and the Kenya Electricity Transmission Company (KETRACO). KenGen, KETRACO and KPLC are responsible, respectively, for the generation, transmission and distribution/sale of geothermal, hydro, wind, fuel oil, biomass and gas turbine electricity in Kenya. Other collaborators include the Geothermal Development Company (GDC), the Kenya Nuclear Electricity Board (KNEB) and the Rural Electrification Authority (REA). The Electricity Regulatory Commission (ERC) is responsible for establishing and adjusting a dizzying array of fixed and variable tariffs that form the pricing for pre- and post-paid electricity uptake in Kenya. These bodies fall under the Ministry of Energy and Petroleum (MoEP) that has executive oversight over all operations related to electricity generation in Kenya. Alongside the trinity and regulator are the Independent Power Producers (IPPs) that produce diesel-powered thermal and wind energy for sale to KPLC (the sole distributor) under Power Purchase Agreements (PPAs).

Notwithstanding periodic recommendations and gaps analyses, Kenya’s electricity outlook appears bright, with a 2020 projected on-grid capacity of 5,040MW up from 2,295MW in 2015. At least that’s what glossy annual reports, technical assessments and public relations jamborees say. With all the right sounds being made about renewable and sustainable energy – including the non-renewal of [unsustainable] diesel thermal IPP contracts (which mean nothing because some of the IPP contracts run through 2032), “Last Mile” connectivity, rural electrification and affordable off-grid solutions – one might wonder why electricity consumers are up in arms.

Enter the murky and less rosy side of electricity generation that has for decades relied on the ignorance of consumers to play around with tariffs that correlate with the type of power being generated. Despite on-paper and even infrastructurally tangible and renewable energy projects, IPPs that run diesel-powered thermal stations, as well as the recently signed Sh200 billion Lamu Coal Power Station, enjoy disproportionate PPA preferential treatment by KPLC. This means that wind, hydro and geothermal electricity remain unused or underutilised with “capacity charges” that accrue to consumers regardless.

Notwithstanding periodic recommendations and gaps analyses, Kenya’s electricity outlook appears bright, with a 2020 projected on-grid capacity of 5,040MW up from 2,295MW in 2015. At least that’s what glossy annual reports, technical assessments and public relations jamborees say.

Lake Turkana Wind Power is one such example where Sh75 billion has been spent to construct the largest wind farm in Africa covering 40,000 acres and set to produce 310MW, with possible corporate profits of up to Sh136 billion over the next 20 years. Although this is an ostensibly clean and renewable energy venture, the fact remains that this project was undertaken without due consideration of and consultation with the local communities of Laisamis constituency in Marsabit County, which resulted in a 2016 law suit filed against the investors and the Marsabit County Government. The judges threw out the case in April 2018 on “technical grounds”, showing once again that big bucks trump local communities. All the time. Which makes us wonder whether our quest for justice isn’t, after all, quixotic.

Through deliberately poor diligence on the part of the MoEP and the National Land Commission (NLC), the 428km-long power line from Loiyangalani to Suswa is yet to be completed by KETRACO, with disastrous penalties for consumers who have so far paid Sh5.7 billion in “deemed energy” fines, with a further monthly fine of Sh1 billion starting in July 2018 until the power line is complete. If we study the ministry’s role in the signing of contracts with the now bankrupt Spanish company, Isolux, and the subsequent awarding of a new Sh9.6 billion contract to a Chinese firm – paid for by yours truly – you will suffer many sleepless nights and begin to be filled with a belly-rumbling rage. Might I add that since 2015, some Chinese investors have also been eyeing the expansion of wind power ventures in Marsabit. Be very, very afraid.

The shocking disregard for local communities, be it in terms of consultation, socio-environmental impact or the right to draw down from the profitability of energy/extractive ventures, is evidenced right across the board in places like Turkana (where oil has further complicated matters) and the god-awful Lamu Coal Power Station, which threatens (for the sake of the greed of a few investors) a pristine ecosystem, a globally recognised World Heritage location and the livelihoods of some of the oldest East African coastal communities.

If we study the ministry’s role in the signing of contracts with the now bankrupt Spanish company, Isolux, and the subsequent awarding of a new Sh9.6 billion contract to a Chinese firm – paid for by yours truly – you will suffer many sleepless nights and begin to be filled with a belly-rumbling rage.

Oh, and we haven’t even begun to engage with the hare-brained scheme that is the Kenya Nuclear Electricity Board. The investors (who we will tackle very soon) include a mishmash of Kenyan companies, bilateral partners, international corporations and multilateral financial institutions – all of who come with glib development and partnership-speak and a feigned concern for the people of Kenya.

Cartels and robber barons

To understand how the ordinary Kenyan is being used to finance these get-rich-quick schemes, it is important to note that under the 2018 Medium Term Budget Policy Statement (BPS) and under Uhuru Kenyatta’s “Big Four” plan, taxpayers will fund an annual amount of Sh100 billion over a period of 25 years (a total of Sh2.14 trillion) to 20 private power projects contrary to the law and without regard for electricity consumers and taxpayers’ rights. These and other mind boggling amounts are stealthily conveyanced through the Integrated Financial Management Information System (IFMIS) that has deliberately designed loopholes perfect for such disbursements. Therefore, it becomes clear – despite the clean energy jargon – that there will have to be a sustained and systematic sabotage of the generation and transmission of cheaper, cleaner electricity for sale to consumers in order to justify the Sh2.4 trillion. We are already experiencing this because even in the face of heavy rains and resultant increase in hydro power capacity, our electricity bills continue to rise. The voracious diesel-driven appetites of the IPPs must be fed. Profits must be made.

When we consider that Kenya is one of the top seven most expensive power producers in Africa, which in addition to burdening consumers, is a serious impediment to the growth of local industry and a deterrent to foreign investment, it is not rocket science to compute how our real economic potential will never be fully realised, as it has already been sacrificed on the altars of numerous cartels.

Is your skin crawling yet?

Dig a little deeper and the pus of collusion, subterfuge and theft will begin to ooze freely, wafting its putrid stench across the landscape of consumers already heavily burdened by a rapidly encroaching recession and incredibly high costs of living. Meanwhile, the Energy Regulatory Commission, rather than providing ethical checks and balances, appears to be colluding with the MoEP, IPPs and KPLC to ensure the highest possible electricity tariffs, which are further inflated at the point of billing and enforced in an illogical yet draconian manner on frustrated and desperate consumers. The collusion exposes an intricate network of IPPs and KPLC contractors whose true owners are hidden behind layers of front-end companies whose trails often terminate abroad. Despite the seemingly iron-clad wall of secrecy, inside informers continue to share details with well-placed whistleblowers who are dedicated to alerting consumers, the media and relevant arms of government.

When we consider that Kenya is one of the top seven most expensive power producers in Africa, which in addition to burdening consumers, is a serious impediment to the growth of local industry and a deterrent to foreign investment, it is not rocket science to compute how our real economic potential will never be fully realised, as it has already been sacrificed on the altars of numerous cartels.

The integrity questions worth asking are: 1) Who are the real owners and beneficiaries of the IPPs and KPLC contractors? and 2) Where do the conflicts and interests lie when it comes to MoEP and KPLC (the trinity) operations? It can be safely assumed that the latter will be easier to uncover than the former, as seen in the April 2018 KPLC internal audit report that highlighted an impressive array of mid-level staff caught in a dragnet of illegal tendering manoeuvres amounting to a “few” billion shillings. In a threadbare public relations move, these junior heads will surely roll as the Office of the Director of Public Prosecutions (ODPP) initiates a criminal investigation into the matter. The former will – in fine Kenyan tradition – remain obfuscated and the untold hundreds of billions will disappear into nameless, faceless black hole-type accounts.

Then came the “big gaffe” by KPLC in its Annual Report of June 2017, where Sh10.1 billion was conveniently tucked away in the books as an asset or something like that when in fact it should have been registered as a loss. It has been speculated that KPLC (the historical cash cow for ad hoc government needs, including election campaigns) approved the siphoning of these funds.

An alternative theory is that the then incumbent government demanded an artificial lowering of the fuel tariffs as one of its campaign strategies or lies, depending on your perspective. In either case, the Sh 10.1 billion had to be recovered before the shareholders caught wind of the scam. It is important to add that the culture of theft of monies from KPLC started decades ago where successive regimes had managing directors and cronies who shamelessly and systematically looted the parastatal — but that is a story for another day.

The class action suit

Between September and December 2017, KPLC recovered an initial Sh2 billion through an ill-concealed overbilling and double billing system that affected pre- and post-paid consumers, throwing household budgets into complete disarray. The Kenya National Bureau of Standards (KNBS) reported that electricity prices hit a five-year high in 2017.

In January 2018, KPLC admitted to a four-month overbilling spree and claimed that the bills were linked to backdated fuel costs incurred due to the persistent drought, resulting in lowered hydro power capacity and an over-reliance on fuel-generated electricity, as well as the introduction of new meters and billing systems that suffered from teething glitches and erroneous billing. The few of us who ignited this campaign in January 2018 were initially driven by our anger regarding our individual domestic bills. We saw that fixed and variable tariffs did not add up. That successive months were billed based on “estimates”. That we received multiple bills in a single month. That our pre-paid token values were as erratic as a drunk driver. That these spikes in our pre-/post-paid bills suspiciously coincided with the end of the [first] electioneering period of 2017.

Between September and December 2017, KPLC recovered an initial Sh2 billion through an ill-concealed overbilling and double billing system that affected pre- and post-paid consumers, throwing household budgets into complete disarray. The Kenya National Bureau of Standards (KNBS) reported that electricity prices hit a five-year high in 2017.

In my case, between September 2017 and May 2018, I have had to fork out a whopping Sh167,722 to KPLC for post-paid bills that ranged between Sh11,000 and Sh37,400. For simple domestic consumption! With three months of “estimates” billed at Sh 51,000 and random “credits” worth Sh 9,500, and Sh41,500 of that gross amount dedicated to fuel tariffs, I can only wonder at the suffering faced by millions of Kenyans who live under the pay-first-questions-later motto of KPLC.

What piqued our attention, however, were the inconsistent but ever-increasing fuel tariffs, which allowed us to understand the steady collusion between diesel-powered IPPs and KPLC’s constant untruths about low hydro power capacities, hitches with geo thermal production, and of course, the slower than molasses power line construction from Loiyangalani to Suswa. Ultimately, we realised that this battle could never be fought or won individually. Many consumers, armed with their collective horror stories, outrage and the law, were determined to #SwitchOffKPLC.

When Apollo Mboya (surely a courageous lawyer of our times) saw through this mischief, he filed a two-pronged class action suit on behalf of consumers against KPLC. The first was to obtain an injunction that would halt further “recovery” of the Sh10.1 billion and seek restitution for all consumers who had been fraudulently overbilled. Court orders to that effect were issued on 12 January, 2018. The second is strategically focused on the KPLC monopoly and shady dealings with IPPs that violate Constitutional provisions in Article 201, paragraph 8 (e) of the Fourth Schedule that distributes functions between the national and county governments. Also explored are contraventions related to the Energy Act, the Public Procurement and Asset Disposal Act, the Public Finance Management Act, the National Government Loan Guarantee Act, the Consumer Protection Act and the 2018 Budget Policy Statement.

Many Kenyans following the court case and wider campaign have understood the importance of what Mr. Mboya is doing on behalf of consumers. He steadfastly carries on, supported by the Electricity Consumers Society of Kenya and concerned citizens in the face of attacks by the Consumers Federation of Kenya (COFEK), social media trolls and, of course, the hopelessly inept KPLC spin doctors. It is evident that the quest for justice will become ever more dangerous as Mr. Mboya inches closer to the real faces behind the theft.

Five months on and not surprisingly, KPLC has yet to comply with the court order to desist and cease the overbilling of consumers, opting instead for weak public relations stunts replete with apologies and broken promises. Customer Care remains catatonic and equipment continues to malfunction. It is business as usual at KPLC. Or is it?

The consumer-focused questions worth asking are: 1) By how much has KPLC defrauded its consumers to date? 2) Which consumers have been defrauded? and 3) When will consumers receive a refund/credit? KPLC remains mum and will likely do so until the legal determination of the matter. Meanwhile, consumers continue to receive erratic and inordinately high bills. (It has since been exposed that KPLC deliberately tampered with the Integrated Consumer Management System (ICMS )that facilitated the illegal inflation of consumer bills.)

Five months on and not surprisingly, KPLC has yet to comply with the court order to desist and cease the overbilling of consumers, opting instead for weak public relations stunts replete with apologies and broken promises.

The KPLC heist may not be as sizeable as South Africa’s ESKOM that is still reeling from the effects of the #guptafiles that exposed the theft of billions of rands by specific families and cartels but we are definitely hot on the heels of what could be a continental scandal. The KPLC heist looms significantly over the lives and times of millions of Kenyans who have come together in their thousands under the #SwitchOffKPLC campaign on behalf of others. These men and women have activated a revolution and are daring to imagine a different Kenya. We are collectively determined to cut off the heads of the Medusa-like snakes that have held us hostage since 1922.

In straight-speak, we are going after the energy sector thieves and we will unmask them. And then, we are coming after you.

To be continued. . .

Avatar
By

Jerotich Seii is a humanitarian and development consultant with more than 20 years of experience in sub-Saharan Africa.

Politics

COVID-19 and the Future of Democracy in Zimbabwe

The current COVID-19 pandemic has shown why pro-democracy movements in Zimbabwe should disentangle themselves from the fallacious promise of neoliberal democracy and the magic of the market. Democratic politics should be about delivering public goods and services, including quality healthcare, not about servicing markets.

Published

on

COVID-19 and the Future of Democracy in Zimbabwe
Download PDFPrint Article

The world has been teetering on the precipice ever since the outbreak of COVID-19 in Wuhan city in Hubei province, China. Since then, the disease has been classified as a global pandemic by the World Health Organisation (WHO), leading to countries adopting drastic measures to combat it.

In a majority of countries, state security institutions have been activated and deployed to help enforce the lockdown, and the stay-at-home and social distancing policies. Inasmuch as these strategies are practical measures to combat COVID-19, they have inadvertently created opportunities for authoritarianism. Jared Rodriguez aptly surmises the situation: “The pandemic creates extraordinary circumstances for restricting civil liberties, free speech and human rights while intensifying the possibilities of an emerging authoritarianism.

In countries like Zimbabwe, which are rife with authoritarianism, it seems the pandemic has provided a perfect opportunity to checkmate the ever nagging opposition and civic movement. The strategies adopted so far by the government point only to one goal: achieving unimpeded imperial rule for the incumbent.

The responses of the pro-democracy movement have been largely premised on a neoliberal framework to politics and state-craft despite the existing material and social conditions pointing otherwise. The pro-democracy movement has mainly pursued constitutional reformism and electoralism in an economy that is predominantly agrarian, informal, and dominated by natural resource extraction and the service industry. This brings into question these strategies, and more importantly, the future of democratic politics in Zimbabwe.

Democracy under threat

The COVID-19 pandemic has placed democracy under one of its biggest threats. Authoritarian strategies have become the de facto norm adopted by governments. Singaporean Minister of Foreign Affairs, Dr. Vivian Balakrishnan, makes an important observation on the three pillars that may make any country manage to respond effectively to Covid-19: “In fact, this is an acid test for every single country’s quality of healthcare, standard of governance and social capital. If any one of the pillars in the tripod is weak, it will be exposed, and exposed quite unmercifully by this epidemic.”

It is important to note that governance is one of the key pillars for the state’s capacity to respond effectively to COVID-19; a failure within that realm may mean disaster in the end. In this case, governance speaks to how public power and policy are deployed and used within the state. This poses questions on how public officials and institutions are operating and guiding their conduct in seeking to enforce laws meant to contain and suppress the spread of the virus. There have been widespread reports of heavy-handed approaches that have seen the rise of what Jared Rodriguez calls the “…support for pedagogical apparatuses of spectacularised violence, fear mongering and state terror…”, thus “creating fertile grounds for the cultivation and inclusion of authoritarian politics…”.

China instituted a total lockdown of the country that has been reported to have been accompanied by the erosion of people’s freedoms in the name of fighting the virus. Human Rights Watch has accused China of resorting to “automated tyranny”. Reason Foundation’s Shika Dalmia argues that beneath the veneer of China’s so-called impressive response to combat the virus, the Chinese authorities used a variety of tools to infringe on the privacy of people, including pharmacies to spy and collect data on customers, social platforms AllPay and WeChat to install tracking software on their users, and China Telecom colour-coded phones to screen people. It also paid close to 300,000 volunteers to spy on residents and report to the police, and rewarded neighbours to spy on each other. The police barged into homes to forcibly take away suspected COVID-19 patients.

China instituted a total lockdown of the country that has been reported to have been accompanied by the erosion of people’s freedoms in the name of fighting the virus. Human Rights Watch has accused China of resorting to “automated tyranny”.

These tactics mirror heavy surveillance of citizens in Nazi Germany. The reports of China building a hospital in 10 days whilst democracies such as the United States of America, United Kingdom and India dithered on responses inadvertently led to a discussion on which form of governance is better. The net effect has been lethal propaganda that created a fallacy of an efficient system, especially after reports of China building the hospital. Western media and scholars fell for this propaganda charm offensive that projected the Chinese system as efficient and superior while Western democracies were seen as slow and sloppy. For instance, Yale professor, Nicholas Christakis, ran a thread on Twitter praising China’s collectivist culture and authoritarian government as unprecedented and impressive.

Yet, the global media and leading scholars have been silent on how democracies like Taiwan, Iceland, South Korea and Germany have managed to successfully and effectively respond to combating COVID-19. In South Africa, President Cyril Ramaphosa undertook widespread consultations with a wide variety of key stakeholders, and cobbled a national consensus with the opposition, civil society, churches and business leaders. In addition, the country adopted an open and transparent information management system and tapped into expert scientists for advice. By the 9th 0f April, South Africa was reported to have increased its testing capacity of 5,000/day by six-fold after adding 60 more mobile testing units to the existing 7, combined with 180 testing sites and 320 testing units across the country.

Similarly, according to Don Reisinger, “Germany has had remarkably few Covid-19 deaths, which experts attribute partly to its high number of hospital beds and ICU beds”. Despite having a high numbers of people infected by the coronavirus, Germany has managed to lower its fatality rate, which in March 22 stood at 0.3 per cent. The death rate as of 29 March 2020 was much lower than that of China, Italy and many other countries around the world. Germany is stated to have “8.1 hospital beds per 1,000 people and 6.1 ICU beds per 1 000 people”, something highly remarkable in comparison to “Italy has 3.2 hospital beds per 1 000 and 2.6 ICU beds per 1 000”. It is these positive stories from democracies that have not gained prominence in comparison to the ones from the Benevolent Brutal Dragon’s propaganda.

Africa’s emerging trend of authoritarianism

Images of security forces beating and torturing civilians to enforce COVID-19 lockdowns in Africa have been dominating social media. Trevor Nnabugu of Ventures Africa, an online news site, provides a chronicle of human rights abuses in Rwanda, Kenya, South Africa and Nigeria. In these cases, security forces are accused of using indiscriminate and disproportionate force, including murder, rape, beatings and public humiliation, in a bid to enforce the lockdowns. The rising cases of police brutality in Africa, while not unique to the region, signify the tendency of our security apparatus to revert to the default logic of violence.

In Zambia, the Independent Broadcasting Authority (IBA) took no time to suspend the licence of Prime TV on the 9th of April 2020 on the basis that it was unpatriotic and threatening public safety after the media outlet refused to air the government’s COVID-19 commercials for free. Before that, the government had banned its officials from conducting business with and appearing on Prime TV broadcasts. It also barred Prime TV’s journalists from attending official events. In addition, on 27th March 2020, Top Star Communication Limited Company, a partly state-owned television signal carrier, informed Prime TV that it would stop carrying its broadcast in a bid to blackout the television as punishment for its consistent criticism of the ruling party, the Patriotic Front (PF). In all these acts, the hand of the state is quite visible in attempting to close an independent media that has always been critical of government.

Images of security forces beating and torturing civilians to enforce COVID-19 lockdowns in Africa have been dominating social media. Trevor Nnabugu of Ventures Africa, an online news site, provides a chronicle of human rights abuses in Rwanda, Kenya, South Africa and Nigeria.

A leading African Women’s Rights Activist, Nancy Kachingwe, quipped on Twitter: “Dear African leaders, a pandemic isn’t a war, it’s a public health crisis made worse by your failures to build strong public health systems you’ve not been attacked, you’ve been found wanting batons & beatings solve nothing…”

The tweet surmises the logic and attitude of African leaders, where every solution is perceived as a nail and that needs a hammer.

Dr David Ndii, in an interview with The Elephant, warned us extensively:

We have to guard, organise and push back against what I see as an opportunistic clawback of civil liberties in the days of disease emergencies, as well as human rights violations. And I have already talked about default police brutality, which is already the default of many of our states with a legacy of repressive regimes. So that is something which I think particularly organised civil society has to be very vigilant because you can see some of these people cynically even using this to suspend civil liberties. They have been trying to do it, even before coronavirus. So now they have this perfect excuse to do what they want.

Nowhere does this warning ring more true than in Africa, and more specifically in Zimbabwe. The beleaguered Harare regime has wasted no time to use the opportunity availed by COVID-19 to usurp legislative authority at the expense of promoting executive authority in a patently unconstitutional manner and to decimate the opposition and civil society.

Zimbabwe, the unrepentant child

On Friday, the 27th of March 2020, President Mnangagwa announced a 21-day national lockdown to be implemented starting from midnight of 30th March 2020. This move came after some dithering by the Harare authorities, which were heavily criticised for failing to prepare for an impending medical disaster.

The announcement of the lockdown was positively received and praised across the political divide, a rare moment in Zimbabwe’s political history. However, the positive vibe and bipartisan consensus, and the possibility of an elite cohesion towards cobbling a national response, was quickly lost. The Ministry of Information Secretary, Nick Mangwana, through his TL @nickmangwana forewarned what was to come: “The total lockdown to contain the spread of Covid-19 will start at midnight with the Government passionately calling on citizens to comply with the directive and instructions from security personnel deployed to enforce the law.”

Already the government was psyching itself into a combative mood. The Presidential Spokesperson, George Charamba, through his TL @jamwanda2, threatened the unleashing of the army in the low-income suburbs: “MaFACE angu ekumaGhetto, kindly note that pranks and drinking sprees in streets this evening will come to grief!!!! THE BOYS ARE BACK IN TOWN!!!!!!! Loosely translated: My friends from the low income suburbs, kindly note that pranks and drinking in streets this evening will come to grief!!!! THE BOYS ARE BACK IN TOWN!!!!!!!

Indeed, soldiers were deployed and immediately the cries of agony echoed all over the country, as videos of residents being either beaten or tortured by security forces started to circulate on social media.

The announcement of the lockdown was positively received and praised across the political divide, a rare moment in Zimbabwe’s political history. However, the positive vibe and bipartisan consensus, and the possibility of an elite cohesion towards cobbling a national response, was quickly lost.

In Karoi, Masvondo, a local resident, had to petition the court after some members of the Zimbabwe National Army allegedly barged into her homestead and assaulted everyone within her household under the guise of enforcing a lockdown. In Mutare, police burned agricultural produce headed for the markets, insisting that everyone should observe the stay-at-home instruction. Harare’s popular vegetable market, Mbare Musika had saddening stories of farmers and vegetable vendors, whose produce was getting rotten because of lack of access to the market.

The government had to recant some of its policy directives after there were huge outcries, even from its traditional support bases. The planning and implementation of the lockdown was not well thought-out, hence the disastrous results from the onset. As of 16th April, the Media Institute in Southern Africa-Zimbabwe (MISA-Zim) had recorded several cases of downstream vendors whose rights had been violated under the pretext of enforcing the lockdown.

Most journalists have been facing harassment over accreditation, despite the Zimbabwe Media Commission (ZMC) having acknowledged to have failed to approve the registration of journalists for the year 2020. Pursuant to that, the ZMC issued a communique that journalists’ 2019 accreditation had been automatically renewed and could be used for the year 2020. Despite this policy position of the authorities, the security services have been acting on the contrary and continue to harass journalists. Even the pro-government newspaper, the Herald, had to break with tradition and pen an editorial comment on the 13th of April 2020 rebuking and questioning the motives of the police. The Zimbabwean High Court also went further by barring the police’s heavy handedness.

The judiciary in Zimbabwe has also come under heavy criticism during the pandemic after issuing a judgment that has fundamentally reconfigured the opposition in Zimbabwe. Earlier on, the judiciary had issued a notice that it was suspending court processes and would only attend to urgent cases related to the implementation of lockdown measures. Bail hearings were suspended and even new cases were not going to be dealt with until after the end of the lockdown.

Interestingly, Dr. Thokozani Khupe, one of the claimants to the heir of the Movement for Democratic Change, tweeted on the 31st of March that the Supreme Court will deliver judgment on the long standing matter on the legitimate heir to the throne after the death of founding leader Morgan Tsvangirayi on the 14th of February 2018. What followed became an intriguing and choreographed series of events that cast further doubts on the independence of the judiciary.

Dr Alex Magaisa of Kent University in the United Kingdom gives a nuanced analysis of this drama in his Big Saturday Read blog. He summed it as compromised and selective. State security institutions have been heavily compromised and made partisan, and this has been very evident during their operations during COVID-19. Ever since the Supreme Court judgment, dramatic and bizarre events have followed, where the main opposition MDC Alliance has lost its elected representatives (Members of Parliament and Councillors) and party offices to a party that it contested against in the 2018 elections. A significant number of lawyers associated with the MDC Alliance have also been arrested and charged with spurious allegations. Three ladies from the youth assembly who dared to protest were abducted from police custody and sexually abused, and also later arrested for violating lockdown rules despite the government failing to come out clean on the abductors.

Blessed Mhlanga, one of Zimbabwe’s top journalists, through his TL @bbmhlanga on the 16th of April 2020, tweeted the case of Senator Tofa from the leading opposition Movement for Democratic Change Alliance who was barred by the police from donating humanitarian aid to the needy. In the same tweet, Mhlanga further claimed that the police went further to instruct millers not sell Honourable Tofa any mealie-meal. Earlier, on the 8th of April 2020, Honourable Caston Matewu of Marondera Central constituency claimed that the police in Marondera had refused his donation to fight COVID-19 on political grounds. Such stories are not surprising in Zimbabwe, where state security institutions have been compromised by the ruling party.

A close reading of these cases and many others show that the security services are using the logic of force to deal with purely civilian issues. A tweet by @matigary, a pro-government online troll, surmises the thinking in government: “SA military SANDF is kicking ass & bashing heads. I am inviting Dewa Mavhinga & his nywe nywe (talk too much) human rights crowd to test SANDF by defying the lockdown.”

This celebration of spectacularised violence within the security services’ response to public health issues, which are largely civilian, are very worrying and also indicate that Zimbabwe is still an unrepentant child, despite claims of a “New Dispensation” after the fall of Robert Mugabe.

An alert but limited pro-democracy movement

Zimbabwe has had an alert and very lively pro-democracy movement that has managed to successfully call out the government and ruling party whenever they fall out of line. This pro-democracy movement has been composed of the loose alliance of the main opposition, Movement for Democratic Change (MDC), and democracy and human rights advocacy NGOs.

For instance, during this COVID-19 lockdown, the Zimbabwe Lawyers for Human Rights (ZLHR) has been at the forefront of providing legal defence to human rights defenders, journalists and ordinary citizens who found themselves at the mercy of authorities. The ZLHR has also funded public interest litigation that has also seen the High Court directing the Ministry of Health to provide professional protective equipment (PPE) to health workers and roll out testing to the public. A significant number of NGOs and business and church leaders have also come to the fore, establishing charity platforms to mobilise humanitarian aid to support the vulnerable and refurbish medical centres and equip them with the necessary resources to mitigate the effects of the pandemic.

A close reading of the responses of the pro-democracy movement in Zimbabwe clearly shows that it is very active and vibrant but always gets checkmated by its limited approach in dissecting national questions. Civil society in Zimbabwe has hardly questioned the role of the state, focusing more on legalism and litigation to discipline the errant state. This has seen the promotion of civil liberties at the expense of material and cultural rights.

It is abundantly clear that from the foregoing observations that the current architecture of the state has put into sharp relief the limitations of the neo-liberal state and markets. The question therefore, that beckons is: How do post-liberation movements deal with the question of material rights and redefine themselves? This is the elephant in the room that the pro-democracy movement in Zimbabwe has to tackle.

The responses to COVID-19 require to be put in a broader structural framework that is historical and not only driven by the moment. As Dr. Balakrishnan cautioned, “But let me tell you as a doctor, these are things you cannot just build up overnight. It takes years and years of investment in people, in systems, in capacity.

A close examination will reveal that the countries that have managed to effectively respond to the pandemic are those with strong investments in public health. This brings us back to the question of the role of the state.

Civil society in Zimbabwe has hardly questioned the role of the state, focusing more on legalism and litigation to discipline the errant state. This has seen the promotion of civil liberties at the expense of material and cultural rights.

Zimbabwe’s economy has been largely agrarian, natural resource dependant, dominated by the service industry and characterised by high levels of informality and precarity. The labour force survey of 2014 estimated that 94.5 per cent of Zimbabweans earned their living in the informal sector. In 2017, artisanal/small-scale miners accounted for more gold output than large-scale miners. In 2012, the Environmental Management Agency of 2012 estimated their number to be around 500 000, a figure that should have grown by now.

In the 2018-2019 season, tobacco farmers recorded an all-time high yield of 258 million kilogrammes. Estimates put the number of small-scale farmers to between 80,000 and 90,000. Professor Brian Raftopoulos in his 2013 article, “Zimbabwean politics in the post 2013 election”, asserts that the country’s political economy had been reconfigured, giving rise to a new social base and thus calling for new forms of organising. This new social base is characterised by high levels of de-industrialisation and informality. The coming of the COVID-19 pandemic further problematises the role of the state and politics of public goods, especially in highly informalised economies like Zimbabwe. It’s quite clear that the issue of public goods can no longer be reduced to either the magic of the market or benevolent philanthropy and celebrity activism.

Looking ahead

It is patently clear that the COVID-19 response in Zimbabwe has seen an absent state. The state has largely relied on benevolent philanthropy and celebrity activism whilst looting the public purse. The Ministry of Health and NatPharm (the national pharmaceutical company, a public enterprise) have been embroiled in one looting scandal after another. An investigation and expose by two online websites, ZimLive and The Zimbabwe Morning Post, implicate high profile government officials and the president’s children in fleecing the treasury through overpricing of medical supplies under the guise of dealing with COVID-19-related emergencies. These corruption scandals even gained the attention of Interpol, the international police agency, after a two-week-old company got paid US$2million by the Zimbabwe government.

A close examination will reveal that the countries that have managed to effectively respond to the pandemic are those with strong investments in public health. This brings us back to the question of the role of the state.

Meanwhile, the opposition has failed to make the government accountable as it is embroiled in internecine fights arising from the Supreme Court judgment of 31st of March 2020. At best, the main opposition has managed to issue a series of press statements without showing any clear direction on how to move forward.

Looking ahead, Zimbabwe’s pro-democracy movement may need to learn from Professor Issa Shivji’s wise words extensively quoted below:

The contemporary neo-liberal discourse has one fundamental blind spot. It treats the present as if the present has had no history. The discourse on democracy in Africa suffers from the same blindness. The struggle for democracy did not begin with the postcold war introduction of multi-party system. The independence and liberation struggles for self‐determination, beginning in the postworld war period, were eminently a struggle for democracy. Neither formal independence nor the victory of armed liberation movements marked the end of democratic struggles. They continued, albeit in different forms…the great democratic struggles of the African people expressed in their independence and national liberation movements remain incomplete. The so-called democracy constructed on ahistorical and asocial paradigms of neo-liberalism are an expression of renewed imperial onslaught, which is profoundly anti‐democratic…

This would mean a return to a political economy for the pro-democracy movement in Zimbabwe, which should begin to articulate the democratic struggle within the lived realities of the cross-border trader, the vegetable and fruit vendor, the small-scale farmer, the artisanal miner, the slum dweller in Hopley, the informal taxi operator, the menial worker and all the subalterns within Zimbabwe’s informalised economy. Doing so means bringing in class analysis and social and economic justice-based solutions to the core of public policy.

The current COVID-19-induced response of the state has shown why the pro-democracy movement should disentangle itself from the fallacious promise of neoliberal democracy and the magic of the market. Only when and until the pro-democracy movement in Zimbabwe realises that democracy needs to shift from just fighting for civil liberties to articulating how public goods and services can be rescued from the profit motive to bring about a better quality of life to humanity can it checkmate the reigning authoritarianism. This is the same way that the liberation movement was able to checkmate the Rhodesian Gulag State, despite its last leader, Ian Smith, proclaiming that “never in a thousand years”, will there ever be black rule.

Professor Shivji’s wisdom is instructive here:

The struggle for democracy is primarily a political struggle on the form of governance, thus involving the reconstitution of the state. No one claims that democracy means and aims at social emancipation. Rather it is located on the terrain of political liberalism so, at best, creating conditions for the emancipatory project. This is important to emphasize in light of the hegemony of neoliberal discourse, which tends to emasculate democracy of its social and historical dimensions and present it as an ultimate nirvana.

The question is: What would state reconstitution look like? Is it a return to socialism, the democratic developmental state or the social democratic state? The answer lies in any path that straddles through any of those types of state or their combination.

However, it is clear from the foregoing that the neoliberal state is not the solution. To respond to the rising authoritarianism, the pro-democracy movements need to return democratic politics to the core of delivering public goods and services and not servicing profits and the market. Doing so may mean designing critical intellectual projects meant to push back nationalist authoritarianism, increasing public ligation on the enforcement of the expanded bill of rights in the 2013 Constitution, building people’s movements anchored in collective action and solidarity around public goods rather than electoralism, and shying away from oligarchic tendencies.

Continue Reading

Politics

Were the Kariobangi North Evictions Legal or Illegal?

The forced and brutal eviction of thousands of people from a low-income settlement in Nairobi at the height of a curfew has raised questions about what owning land means in a city where the procedures to acquiring property are notoriously dicey and confusing, and often dependent on a patronage system.

Published

on

Were the Kariobangi North Evictions Legal or Illegal?
Download PDFPrint Article

I went to Kariobangi North Sewerage settlement on 4 June, exactly a month after the dawn demolitions took place, and long after the tell-tale signs of the raid had been erased. On 4 May, at the height of a dusk-to-dawn curfew across the country, 8,000 people had been evicted from this settlement. The eviction was widely condemned but the authorities seemed unmoved by the plight of the evictees.

The chaos and commotion had ebbed away and life in Korogocho slum, one of the more than 200 informal settlements in Nairobi, had resumed its rhythmic motion. It was bustling with humanity – coronavirus or no coronavirus. Few people wore face masks; many more did not even bother to social distance. The Korogocho Market, the heartbeat of Korogocho ghetto, was a beehive of activity, with buyers and sellers haggling over prices of every imaginable merchandise.

“Without Korogocho Market there is no Koch [short for Korogocho]”, said Mwaura, my 24-year-old interlocutor, a Kenyatta University Bachelor of Education student who grew up in Grogan, one of the nine villages that make up Korogocho, but who now resides at Korogocho B. “Grogan, where my parents live, is now my gichagi [my rural home],” he explained.

People like Mwaura, whose parents came to the city in a wave of rural-urban migration (pushed by the colonial forces of the tumultuous 1950s) have always remained squatters after having been uprooted from their ancestral homes.

“The market breathes life into Korogocho area. “You can practically find anything you want at the market. It attracts customers from far and wide,” said Mwaura. The market has been embedded into the Korogocho peoples’ lives: Korogocho slum was the market and the market was Korogocho. “The market defines the Korogocho people – the best and the worst of the Korogocho people are found here – the market is a melting crucible of Korogocho’s hopes and aspirations.”

On the morning of 4 May, at about 5.30 a.m., David Maina Ngugi, an early riser, was having his cup of morning tea when his mobile phone rang. It was from his friend, who told him to quickly get out of the house because the bulldozers had moved in. When he came out, after hastily waking up his wife, the rumbling excavators had started their work in their conventional style of flattening everything on site.

Accompanying the bulldozers were an assortment of armed-to-the teeth regular police, Administration Police and the General Service Unit (GSU), a paramilitary outfit infamous for its brutal incursions. “I think in total they were about 350 policemen,” said the 72-year-old Ngugi. “They’d come to ensure the four bulldozers executed their work with minimal interruption.”

The people waking up from their slumber watched the morning raid in utter disbelief. Uncharacteristically, they did not put up a fight, perhaps because they were too shocked by the surprise morning attack. Instead, they watched as their houses were being crushed to the ground. “Very few people salvaged their properties The dawn raid caught many people half-asleep and by the time they were waking up to the day’s realities, local hoodlums had also moved in to help themselves to anything that they could lay their hands on,” said Ngugi.

Mzee Ngugi, who owned four iron-sheet shacks, said he barely saved much from the rubble: “My iron sheets, steel doors and metal windows were stolen by thugs. I couldn’t restrain them; I was all alone and they were like a pack of wolves, so I just stood aside and watched.”

Accompanying the bulldozers were an assortment of armed-to-the teeth regular police, Administration Police and the General Service Unit (GSU), a paramilitary outfit infamous for its brutal incursions. “I think in total they were about 350 policemen,” said the 72-year-old Ngugi. “They’d come to ensure the four bulldozers executed their work with minimal interruption.”

Despite his age, Ngugi’s body is still strong. “I’m used to walking a lot. I’d walk from here to Allsopps,” he said. Allsopps area is at the junction between Outer Ring Road and Thika super highway. The distance between Kariobangi North and Allsopps is about seven kilometres. The latter is called Allsopps because East African Breweries Limited (EABL) used to have a plant at the corner of where these two roads meet, separate from the main beer plant in the Ruaraka area that manufactured Allsopps beer. The name stuck even after the EABL closed the plant many years ago.

“In the morning I’d do push-ups and physical fitness, but these demolitions have crushed my spirit,” said Ngugi. “At 72 years, I’ve been made to start all over again, but where do I even start from now?” The old man said he had sunk his meagre savings and pension into buying four plots in the area through the Kariobangi Sewerage Farmers Self-help Group. “I’d hoped my sunset years would be spent here because I did not have any other place I called home.”

When I met Ngugi, he had just acquired a 10 by 10 rental room in Korogocho B, next to the wall of Daniel Comboni Primary School. He told me that after the eviction, he sent his wife to a family friend’s home in Grogan village. “The demolition separated families. I’ve not seen my wife for three weeks, even though we speak on phone. I couldn’t immediately get someone who would house the two of us together.”

The self-help group

The Kariobangi Sewerage Farmers Self-Help Group was formed in the mid-1990s and given the name farmers because the first people who started frequenting the sewerage plant were women who would farm bananas, sugar cane, yams and other root tubers right next to the sewerage.

“The City Council of Nairobi, which owned the plant, allowed us women to farm on a section of the sewerage area in the evenings, from 4 p.m. to 6 p.m,” said Mary Wambui Kamau. “The women were the first people to be allocated plots at the sewerage by the City Council officials who worked at the site because they had already developed a rapport with the officials.” Wambui said she first started farming in the area in 1996.

The 75-year-old lady said that to be old and poor in Nairobi was like being cursed and forgotten. A former employee of the defunct City Council of Nairobi, she had acquired two plots at the sewerage site and built her semi-permanent houses with her pension. “I bought my two plots for Sh600 each, quite an amount for people like me then, because I used to earn Sh320 per month and paid Sh90 as house rent. With her seven children (three later died) and a husband who did not have a permanent job and was landless, she believed that buying the sewerage plot was the wisest decision she had ever made.

Wambui grew up in Ndondori in what is today Nakuru County. “I was a little girl during the state of emergency period of the 1950s. [The British colonial government instituted the emergency between 1952 and1959] and my father was a squatter. Forced to flee from Ndondori, he found himself in Lari [today in Kiambu County]. In short, my father struggled throughout his life and never owned land.”

Wambui married early, at the age of 20. With her husband, she moved to Nairobi to eke out a living and start a family. “Rift Valley had been always a volatile region and so my hubby said we try our luck in the city where we didn’t always have to look behind our back.” Her husband died in 2004.

When the women corps who farmed the sewerage land grew and became big, the sewerage officials asked them to form a group, explained Wambui. This way it would be easier to engage in, mobilise for and push their agenda. To give weight to their agenda, they decided to buy plots of land within the sewerage area. They approached Adolf Muchiri, then the MP for Kasarani. Until 2012, the Kariobangi sewerage area was in Kasarani constituency; today, it is in Embakasi North, but government and social services are still run from the Kasarani DC’s offices.

“Muchiri backed our idea and we would have our meetings at the sewerage site. Later we moved those meetings elsewhere,” said Wambui. “Even as Muchiru backed our idea and said he would lend us political support, we continued to engage the sewerage officials, since, anyway, they were our gateway to owing a piece of the earth of the city council land.”

By the time the Nairobi Water and Sewerage Company (NAWASCO) came to run the sewerage site in 2004, Kariobangi Sewerage Farmers Self-help Group was already in existence and allocated land adjacent to the Kariobangi light industries.

“The self-help group already had 370 members by the time the Nairobi County provided a surveyor to demarcate the land about two years ago,” said Ngugi. The 370-member group was settled on 11 acres of the 25-acre sewerage land. Of these 370 members, “Kikuyus formed the largest chunk of the group. They possibly constituted about 70 per cent of the members, followed by Somalis, then Kambas, then a small group of Luos,” said Ngugi. The mzee said the plots were divided into 24 by 50 sizes and claimed that all this work was done by the Nairobi County government.

“When I got my two plots, I gave them to my sons,” said Wambui. In 2010, one of her sons, who worked at the nearby Kariobangi light industries, started living at the sewerage area with his family of four. Wambui then moved to Kariobangi A village, where I found her and some of her grandchildren. She told me that her son and grandchildren had moved in with her after being evicted. “Since coming here, we’ve been attacked two times by robbers who saw him bring along some of his items that he had salvaged,” she said.

Wambui claims that the self-help group had been issued with a group title by the Nairobi County and the county was even in the process of issuing individual titles. But there were some hitches: The self-help group has been in a tug of war with the Jua Kali Light Industries group over the allotment of plots at the sewerage site, a case that is in court. “It is true we’ve been having a long- running court case with the Jua Kali group,” said Wambui, “but we have the documents and they don’t have them and that is the difference.”

Wambui claims that the self-help group had been issued with a group title by the Nairobi County and the county was even in the process of issuing individual titles.

The sudden turn of events has broken her resolve to have a better life in her sunset years. “At 75, what else do I expect in life? I thought I’d live out the remaining years of my life in peace, but now I’ve been thrown into turmoil. I voted for Uhuru Kenyatta twice, in a very difficult area, where we are surrounded by hostile opposition. Yet at my age I woke up at 2 a.m. to queue for him and this is what I get in return? Is it that Uhuru is not aware of our plight, or now that we’re done with voting, he’s through with us?”

Missing papers

But 70-year-old Nyina wa John (John’s mother), a veteran of the sewerage plots’ acquisition and chairlady of the self-help group, has a slightly different story to tell. “What some of the afflicted families have narrated to you is correct. But as far as I’m concerned, the only incorrect information they did not tell you is that all that documentation and paperwork they are talking about had never been legalised. If it had, I would have been the first one to know and even be in possession of the rightful said documents of the land. As it is, I’m not aware of any [bona fide and legal] title deed issued to Kariobangi Self-Help Farmers Group. I’m aware that the group was even paying land rates to City Hall. That’s okay. You can pay rates. Paying rates doesn’t translate to owning the land.”

The chairlady’s assertions were corroborated by Daniel Kirugo. Kirugo is the senior chief of Muthua village in Uthiru location. I first met him in 2006 at the Kariobangi sewerage area. He was the second chief to have been posted to the area. “I know the history of the sewerage [land] very well. It is unfortunate what happened to the people, but the crux of the matter is, the self-help group’s papers are not legal. I’d know because I’ve kept in touch with some of the people who live there, the self-group’s wrangles with Jua Kali Light Industries group notwithstanding.”

The dispute between the Kariobangi Sewerage Farmers Self-Help and the Jua Kali Light Industries group led by Rashid Kaberere and one Kinyua introduced the dreaded Mungiki in the acquisition of the sewerage land. They both hired the young men to defend and fight off each other. For their work, the proscribed Mungiki group was rewarded with several plots at the sewerage site, which were dished out to them by both parties.

“Many of these Mungiki youth later sold their plots to Somalis,” said Kirugo. “Somali buyers were also involved because they had the money to finance the case in court. Another reason why the Somalis came to own the sewerage land is because they would pay double or even thrice the going market price of the plots.” That is how Isaak Aden became the chairman of the self-help group.

Hence, the majority of the Kikuyus at the site had ceased being landlords; they became tenants. How and why? “Because they sold their pieces of land to Somalis who paid a premium [for the plots],” said mzee Ngugi. “Money is good and anybody who gives you the kind of money you’ve been wishing to have becomes first priority and that’s how Somalis came to be landlords here.”

The Somalis put up semi-permanent houses, which they rented to some of the very Kikuyus who had sold them the plots of land. “The upcoming stone houses were built by Somalis because they were the presumed landowners and because they could afford to put up better structures,” added Ngugi.

“I had three plots at the sewerage,” said a man who asked me not to reveal his identity, “and it is my considered opinion the self-help group didn’t have proper documentation. All the papers they claim to have and refer to were issued by the City Council of Nairobi pre-1998, during the reign of Zipporah Wandera, the then town clerk. The subsequent mayors were never involved in the sewerage matters. For such a matter to acquire the seal of authenticity, it should involve the top echelons of the city authorities. As it is, it seems the matter was only discussed by sewerage officials and some partisan people at the City Hall.

“Orders from above”

Whether the self-help group’s papers had been legalised or not notwithstanding, Ngugi told me the self-help group’s leadership had even engaged Nairobi Water and Sewerage Company (NAWASCO) officials. “They were mum, claiming the demolition orders came from above. Next we visited the District Officer’s office in Kasarani, where the stock-in-trade answer was the same: ‘Orders from above’”.

Pleading for strict anonymity, because he is not authorised to speak to journalists, a top NAWASCO official said that the people had to be booted out ostensibly because the government had been given a Sh3 billion grant by the World Bank to expand and refurbish the sewer and water system of Nairobi county. All the Nairobi wastage used to drain at the Kariobangi sewerage site until Ruai sewerage was built to complement the Kariobangi one. The Kariobangi sewerage has six gargantuan septic tanks, but with the growing city population occasioned by all the real estate developments that have taken place in the last 40 years, the septic tanks became overwhelmed.

The Somalis put up semi-permanent houses, which they rented to some of the very Kikuyus who had sold them the plots of land. “The upcoming stone houses were built by Somalis because they were the presumed landowners and because they could afford to put up better structures,” added Ngugi.

I wound up my visit to Korogocho by visiting Mary Njoroge, a vendor at Korogocho Market. Her stall overlooks the eastern flank of the Kariobangi sewerage. No sooner had the dwellers been ferreted out than a stone wall was erected all around the sewerage land. On that eastern flank, the wall was as high as 12 feet, raised by the heavier nine by nine stone. “My house used to be inside the wall. It’s amazing how life can take a turn for the worse, so suddenly,” she said

Njoroge, who is in her early 50s, had lived in the sewerage area for 10 years. Her last child was born there.

Taking time to talk to me, away from her customers, Njoroge said life that life was cruel and full of contradictions: “Can you believe I was one of Uhuru’s major campaigners in this area? Kariobangi sewerage was a Jubilee zone and we fought tooth and nail to protect his votes. Look now where some of us are languishing – in the cold, with zero prospects.”

Protecting Jubilee votes meant walking the length and breadth of Korogocho and exhorting all the Kikuyus to not sleep on the day of voting, first on August 8, and then on October 26, 2017. “We’d have expected that the government would defend us and not expose us to the vagaries of the weather and coronavirus.”

During the week that their structures were demolished, heavy rain pounded Nairobi County. Many former Kariobangi North Sewerage dwellers, including small children, slept out in the cold.

Continue Reading

Politics

Saba Saba At 30: The Gains We Have Lost

The 30th Saba Saba anniversary comes at a time of great political apprehension, with the country in the throes of an economic meltdown and in the midst of a coronavirus pandemic. With the elections that will determine who will be Kenya’s next president just two years away, the country is slipping back into those bad, black days of Moi and Moism.

Published

on

Saba Saba At 30: The Gains We Have Lost
Download PDFPrint Article

This Tuesday the 7th of July 2020 marks the 30th anniversary of the infamous and bloody Saba Saba Day (seventh day of the seventh month) upheavals that are still etched in the memory of the many Kenyans old enough to vividly recall those heady days of the struggle for the second liberation. It was a day of infamy, as President Daniel arap Moi, now deceased, unleashed his security apparatus on hapless, innocent Kenyans, killing and maiming many of them for daring to call for a return to multipartyism.

Three days prior, on 4 July 4 1990, Kenneth Matiba and Charles Rubia, former Kanu government cabinet ministers who had fallen out with Moi (both now deceased), and Raila Odinga—who had just returned from self-exile in Oslo, Norway—had been arrested on the orders of President Moi. The 4th of July is America’s Independence Day. Kenyan political analysts have always wondered whether it was mere coincidence or a conspiracy between Moi and the American government to have the trio arrested on the very day America would be celebrating its much vaunted independence day. Did the American government have something to do with their arrests? “Why would the Americans, who were friends of the three, allow Moi to detain them on their big day”, Augustine Njeru Kathangu, one of the architects of Saba Saba, has always wondered.

The Saba Saba demonstrations heralded the beginning of week-long urban riots that came to symbolise the determination of Kenyans to maintain their demands for an increased democratic and political space that had been throttled by a dictatorial Moi and a despotic Kanu party. The mounting pressure brought to bear on Moi was such that he was forced to quickly constitute a Kanu Review Committee (referred to as the Committee), which immediately started its work on 25 July 25 1990.

The formation of the Committee by the beleaguered President was, ostensibly, to seek Kenyans’ views on the current state of the country’s politics. But the truth of the matter was that Moi was trying to buy time as he figured out how he was going to acquiesce to plural politics without losing face. Chaired by the then Vice President George Saitoti, the Committee was peppered with Kanu loyalists such as Nicholas Biwott, Peter Oloo Aringo, Shariff Nasir, Elijah Mwangale and Mwai Kibaki, among others.

The Committee visited nine towns during the month of August: Eldoret, Embu, Garissa, Nairobi, Kakamega, Kisumu, Mombasa, Nakuru and Nyeri. It visited Nairobi twice; on July 25 and on 23 and 24 August1990. Among the more bizarre recommendations that the Committee made was “that Kenya should continue in its tradition of one-party democracy. That all leaders in every sphere of life particularly religious leaders, politicians, lawyers, journalists and other professionals, should cease their confrontational stance and adopt a positive attitude towards issues in order to build a more peaceful and prosperous Kenya”.

With these sorts of recommendations, a contemptuous Moi and dyed-in-the-wool Kanu party mandarins, it was obvious that Kenyans’ agitation for a return to multiparty politics was destined to continue to be bloody and confrontational.

“Moi’s Kanu dictatorship was not ready for changes, but the people had smelt an opportunity and they were willing to push ahead with political reforms”, said Kathangu. A former army man and a devout Catholic who never misses the morning mass wherever it might find him, Kathangu had been planning for the Saba Saba day for two months together with four other people,

“We started planning for the Saba Saba from May”, recalled Kathangu. “I had an office at Musa House on the third floor, on Landhies Road, where we would meet and plan how we were to mobilise for the big day”. Kathangu’s four other compatriots were: Edward Oyugi, a former Kenyatta University don and detainee; Ngotho Kariuki, a tax consultant, university don and ex-detainee; George Anyona, the political firebrand, former MP and ex-detainee; and Kariuki Kathitu, a university don.

Of the five, Kathitu is the least known of those who were associated not only with the planning of that first Saba Saba, but also, more generally, with the second liberation of the 1990s. “Raila joined us much later. Raila is my friend, but I’ve always referred to him as a witness to the Saba Saba movement. He was much more involved with the Forum for the Restoration of Democracy movement formed in 1991, than Saba Saba, which his father Jaramogi Oginga Odinga and others such as James Orengo, Martin Shikuku and Salim Bamahriz, helped form”.

“Matiba joined us later after he had read the public mood correctly, but also after falling out with Moi publicly”, said Kathangu. “Matiba had had an interesting special relationship with Moi. They had been great friends. When Matiba was the Permanent Secretary for Education, he used to coach Vice President Moi in the evenings, on the proper usage of the English language, mostly on the spoken English. So they knew each other well. Moi had been Matiba’s good student. But when Moi became the president in 1978, his man in Murang’a was Julius Kiano. Matiba’s entry into politics and his routing out of Moi’s man in Mbiri constituency was always going to create a problem between the two.”

Kathangu told me that it was Matiba who recruited Rubia. “Rubia was initially not in the movement for change, but his friend who was an area mate—they both came from the larger Murang’a—invited him along and that’s how Rubia, who had also been facing political frustrations from Moi, joined the opposition. Matiba came looking for us after he was disgraced by Moi. Matiba was a man who once he made up his mind, it was difficult to persuade him otherwise”.

Matiba’s falling out with Moi was triggered by Moi’s open rigging of the Mlolongo (queue voting) elections in 1988 in his Kiharu (former Mbiri) constituency. “Matiba’s queue was the longest for all to see, yet Moi decided it was the shortest so that he could prop up his friend Kiano who Matiba had beaten hands down. Matiba hit the roof, he had captured his entire election process on the video. It was clearly evident Moi was rigging Matiba openly. And that was the beginning of the political problems between Moi and Matiba.”

Boisterous and oftentimes overconfident, Matiba went ahead together with Rubia to declare the return of multiparty politics in Kenya without the agreement of Kathangu and his friends. “He had jumped the gun, that’s not how we had planned to do it, but hey, since Matiba had already let the cat out of the bag, we went along, we didn’t deny them, neither did we deny that that is what we all along been planning to do”, observed Kathangu. “It was one of the first of the mistakes that Matiba would make as we fought for the second liberation”.

Although taken aback by Matiba’s pronouncements, Kathangu and his friends still went ahead to mobilise for Saba Saba day. “Our intentions were to mobilise people to congregate on the sacred grounds of Kamukunji. We’d coordinated and mobilised people from different parts of the country to travel to Kamukunji. People were to come from Githurai, Limuru, Kisumu, Mombasa, Murang’a, Nakuru and the other major towns in the country.”

To start off the day, and as a curtain raiser, the organisers planned football matches at the Kamukunji Grounds in the morning. “The matches were to be supervised by Kathitu and they were to help attract and assemble people at the grounds. At around 1p.m. Anyona and I drove into the grounds to see for ourselves what was going on. When the people saw us—they had been waiting on the wings around Gikomba Market, in Majengo and Shauri Moyo estates—they started moving into the grounds.” The organisers had hired buses to ferry people from upcountry and those buses had arrived in the morning.

“A police officer who later I came to learn was called Cheruiyot—I can’t remember his first name—and who had also camped at Kamukunji Grounds, apparently spotted us entering the ground”, reminisced Kathangu. “Once he saw us and once the people saw us enter the grounds and followed us, Cheruiyot called for extra support and soon combat police came. They beat people mercilessly with their batons and killed many youths with their live bullets”. As the police beat people in Kamukunji Grounds, word got around in parts of the country that mayhem had broken out in Nairobi and consequently, there were riots in Githurai, Limuru, Kisumu and Mombasa”. Kathangu observed that Moi ordered the arrest of more than 3,000 youths for the simple reason that they had supported the political changes being called for by opposition leaders.

Senior Counsel Paul Muite recalls the events of the day vividly: “My friend, the American ambassador to Malawi George Trail, had come to see me in my office at Electricity House in the city centre. He was from the US on his way to Malawi. Trail had been the No. 2 at the US embassy in Nairobi and we had become friends. Mohamed Ibrahim, a lawyer and today a judge of the High Court of Kenya had also passed by to see me on a legal matter. I’d planned after finishing with the two, I head to Karen Country Club to play golf. So I asked them we leave early to beat the lunch hour traffic jam”. He was going play golf with F.T. Nyamu, a Nyeri tycoon who later became the MP for Tetu constituency.

“It is at the club that my wife called me to tell me Matiba and Rubia had been carted away by the police”, said Muite. “In those days if police took you away, you knew you were headed for detention. After I parted with Ibrahim, the police, who had seen me leave my office with him [Moi had always stationed police to watch Muite’s sixth-floor office at the lifts area and on the ground floor], followed him and asked him to tell them where I had gone. Ibrahim didn’t know I’d gone to play golf. When Ibrahim told them he didn’t know my whereabouts, they didn’t believe him”. The police had detention orders with them and as they were talking to Ibrahim, they placed the detention order book on the table and he saw that the first detention sheet was signed and had Paul Muite’s name. The other order was not signed and didn’t have any name. “What the police did was fill the order with Ibrahim’s name and that’s how Ibrahim was detained on the spot by the police”.

Moi also ordered the arrest of Gitobu Imanyara and John Khaminwa, who together with Ibrahim became the most prominent lawyers to be detained Moi during the crackdown on the Saba Saba movement. Gibson Kamau Kuria, who had been detained in 1986, went to hide at the American embassy which then was under Smith Hempstone’s watch. Muite, who had all along ben staying at his house in Karen, escaped the crackdown, all because the police didn’t think he was “hiding” in his own house. “Hempstone piled pressure on Moi to release the lawyers, Imanyara, Khaminwa and Ibrahim and Muite, but Moi was in a dilemma, his government didn’t know where Muite was, so how was he going to also release him?”, said Muite.

It is then that Moi pleaded with Muite to come out of hiding and meet him at State House with an apology for inciting the Saba Saba day riots. “Moi blamed me for the riots and had asked me to write him an apology letter. I didn’t but I still went to meet him”.

The Saba Saba movement gave momentum to the first multiparty political rally held at the hallowed Kamukunji Grounds on 16 November 1991by the opposition leaders of the fledgling and nascent Forum for the Restoration of Democracy (FORD), So determined were FORD leaders that they told Moi they were going to hold the meeting “with or without a licence”. Aware of the mounting pressure, internally and externally, Moi grudgingly allowed the meeting to go ahead.

Kenyans were itching for a second liberation, to free themselves from the political stranglehold that had culminated in the sham 1988 mlolongo elections. Buoyed by the winds of change sweeping through eastern Europe—the advent of glasnost (openness and transparency) and perestroika (restructuring), the disintegration of the Union of the Soviet Socialist Republics (USSR), the collapse of the Berlin Wall in 1989—Kenyans seized the moment to challenge Moi and his brutal Kanu party, the supposedly baba na mama (father and mother) of all Kenyans as Kanu party stalwarts liked to put it

On the third anniversary of Saba Saba in July 1993, pro-democracy and reformist clergyman Timothy Njoya observed at the All Saints Cathedral in Nairobi that, “If we can have Moi Day as a national day to thank Moi for the contributions he made to himself, we can also have Saba Saba declared a national day to mark the contribution the martyrs of multiparty movement made to the Kenyan civilisation”. Twenty-seven years after Njoya made that remark, is it time to again reconsider his proposition?

How has Kenya faired 30 years after Moi sent the paramilitary General Service Unit (GSU) to brutally quell a people’s desire to congregate at the Kamukunji Grounds in the sprawling Eastlands area, home to the Fanonian wretched of the earth?

Going down memory lane to recapture those heady days, I spoke to Gacheke Gachihi, a founder-member of Bunge la Mwananchi (the people’s parliament), founder of the Mathare Social Justice Centre (MSJC) and above all, a long-time member of that urban underclass of Huruma which bore the brunt of state brutality. Gacheke is a child of the Saba Saba protests and the reformist political forces that came to define the upheavals of that time. Originally from Molo, he came to the city as a child and was swept up in the political agitation that was taking place in the urban slums.

“Although I was only 12, I was very much aware of what was happening politically”, said Gacheke. “I knew there was something wrong with the country’s politics, because I’d just come from an area that had suffered political violence and was palpable with political fears, tensions and great suspicions”. Now 42, Gacheke observes that his home area of Molo was a theatre of ethnic violence from where many people were internally displaced. “There was a lot of genocidal talk then”.

I asked Gacheke, whether the country had learned anything from the Saba Saba day and what those like him—activists who were initiated into politics by the tumultuous 1990s and the runs-ins with the state’s organs of violence—thought of the anniversary. “The anniversary comes at a time when the country is polarised by the politics of succession of 2022. If Saba Saba was agitating for increased political space in 1990, in 2020 Saba Saba should be reminding us Kenyans of the necessity to vigilantly protect the freedoms that have been gained over the years, fought through blood and great sacrifice”.

Gacheke said that in the 1990s, the youths fought hard to be heard, to exist and to hopefully break the barriers of ethnic consciousness and balkanisation. Now it looks like we’re slipping back into those bad, black days of Moi and Moism. “The youth of this country has never been able to act together, to forge a united front and capture political power and help change the trajectory of politics”. The youth caught in the vicious web of disillusionment and dispossession, nevertheless continue to be easy prey for politicians whose only agenda is to perpetuate their hold on power. It is a paradox of politics that today’s champions of political agitation were yesterday’s champions of political of status quo.

Independent researcher and political analyst Jeremiah Owiti was a political science University of Nairobi (UoN) student in 1990. “Politics then were hot and exciting. Kenyans looked forward to political changes that would meaningfully impact their lives. The people were hopeful and optimistic. Not anymore.”, said Owiti. The two biggest political protagonists today—President Uhuru Muigai Kenyatta and William Ruto who now threaten to tear the country apart—were apolitical when the first Saba Saba protests took place. Uhuru was barely 30 and Ruto barely 24 years old.

Owiti said Uhuru’s friends cut across the ethnic divide, he is a nominal catholic, while Ruto is a fervent revivalist born-again evangelical Christian. “Today, Uhuru, surrounded by Kikuyu sub-nationalists, has become a master [at] evoking tribal emotions and openly calling the Kikuyus to first mobilise on ethnic bases. Similarly, Ruto has become a master of rhetoric and subterfuge, rallying the Kalenjin people to see themselves first as Kalenjin and secondly as Kenyans”.

The behaviour of the two, who were never part of the political reform movement, completely negates the cardinal lessons of Saba Saba, said the analyst. “The very essence of the Saba Saba movement was to fight for political pluralism, not political sub-nationalism as now being espoused by Uhuru and his political-friend-now-turned-nemesis. Their retrogressive brand of politics—whichever way you look at it—is a tragic throw-back to the days of Moi-ism and Kanu-ism. The crux of the matter is that both were tutored by Moi and therefore, they do not know what it is to be a political reformer and what apolitical reforms are all about”.

The analyst said Ruto deems himself a latter-day reformer, anchoring and extolling his reform credentials on the doing, rather than on the talking: “I am a reformer because I act, I don’t talk”, Ruto likes to remind anybody who cares to listen.

Owiti said Saba Saba epitomises the struggle by Kenyans to free themselves from the shackles of the politics of balkanisation, ethnic sub-nationalism and the monolithic politics of us vs them. “Unfortunately even with the promulgation of the new constitution, which was supposed to usher in a new political dispensation, the politics that is being played by both Uhuru and Ruto, champions of ethnic jingoism, does not augur well for the epochal succession politics of 2022”.

The researcher said that, by seeking to congregate at the historical Kamukunji Grounds in 1990, the Kenyan people were saying that the constitution was the supreme law of the land and if it did not allow them to assemble, it needed to be overhauled.

The 30th Saba Saba anniversary comes at a time of great political apprehension, with the country in the throes of an economic meltdown and in the midst of a coronavirus pandemic, and the elections that will determine who will be the country’s next president just two years away. The succession politics have already split the ruling Jubilee party into two diametrically opposed camps and made President Uhuru Kenyatta one of the most unpopular presidents Kenya has ever had.

“All the changes we fought for have been reversed”, observed Kathangu. “We’d hoped for an empowered society—economically, politically and socially. We’d also hoped to have a sustainable education system that did not constantly change after every five years. We too had hoped that the land question would be fundamentally addressed. Land is still a big problem in this country and unless and until we solve it, Kenyans will not rest easy”.

Continue Reading

Trending