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Power Struggles: Unmasking the Thieves behind the KPLC Heist

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POWER STRUGGLES: Unmasking the thieves behind the KPLC heist
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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. . .

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

Politics

Congo-Brazzaville Strongman Buys Secret Weapons Haul from Azerbaijan

Congo-Brazzaville’s repressive government has quietly bought an arsenal from Azerbaijan. Opponents of President Denis Sassou-Nguesso say one recent cache is designed to tighten his grip on the nation.

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Congo-Brazzaville Strongman Buys Secret Weapons Haul from Azerbaijan
Photo: Marco Longari/AFP
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First published by our partner OCCRP and Mail & Guardian (South Africa, in English).

In January 2020, at the Turkish port of Derince on the eastern shores of the Sea of Marmara, a huge cache of weapons was loaded onto the MV Storm. Registered in the tax haven of Vanuatu, the ship set sail with an arsenal of mortar shells, multiple launch rockets, and explosives, en route from Azerbaijan to the Republic of the Congo, better known as Congo-Brazzaville.

In total, more than 100 tons of weaponry wound its way to a building that appears to be the headquarters of Congo-Brazzaville’s elite Republican Guard, according to a confidential cargo manifest obtained by OCCRP. The cargo, estimated to be worth tens of millions of dollars, was just the latest in a series of at least 17 arms shipments sent by Azerbaijan’s Ministry of Defense to the regime of President Denis Sassou-Nguesso since 2015, according to flight plans, cargo manifests, and weapons inventories obtained by OCCRP.

Saudi Arabia was listed as the “sponsoring party” on several of the cargo manifests reviewed by reporters. It’s unclear what that sponsorship entailed, but it could mean that Riyadh paid for the weapons or the cargo deliveries.

Credit: Edin Pasovic/OCCRP Key sites for arms deals between the Republic of the Congo and Azerbaijan.

Key sites for arms deals between the Republic of the Congo and Azerbaijan. Credit: Edin Pasovic/OCCRP

There are no public records of Azerbaijan exporting these weapons, and no similar records of Congo-Brazzaville importing them. The latest transfer has sparked opposition concerns that Sassou-Nguesso is prepared to use force if necessary to maintain power as the country’s March 21 election nears.

His well-armed security services are a key reason he has ruled the Central African country for 36 years, split between two separate terms, making him one of the world’s longest-serving leaders. His party looms large over parliament, which recently changed the constitution to allow Sassou-Nguesso to run for office again, sparking local and international condemnation. The move means the 77-year-old could, in theory, run in every election for the rest of his life.

OCCRP has obtained confidential documents showing that in the eight months preceding the March 2016 election, and for over a year after it, Sassou-Nguesso’s security services bought more than 500 tons of arms from Azerbaijan in 16 separate shipments. Just weeks after the vote, the government began a brutal campaign against a militia from an opposition stronghold that lasted for more than a year.

President Denis Sassou-Nguesso is seen in 2014. Credit: Wikimedia Commons/Amanda Lucidon/White House

President Denis Sassou-Nguesso is seen in 2014. Credit: Wikimedia Commons/Amanda Lucidon/White House

Opposition leaders claim the Republican Guard used the Azerbaijani weapons in that post-election conflict, spurring a humanitarian emergency which the United Nations said affected around 140,000 people in the region of Pool, in the country’s south. Satellite imagery obtained by international media outlet The New Humanitarian appears to show widespread destruction caused by weapons like rocket launchers and explosives. (There is no way to be certain that these weapons were from Azerbaijan, since Congo-Brazzaville does not declare its arms imports.)

Since 2015, Congo-Brazzaville has bought a huge weapons stockpile from Azerbaijan, with over 500 tons of weapons delivered to the country in multiple shipments.

Sassou-Nguesso’s regime is facing one of Africa’s most severe debt crises, raising questions about how these arms shipments have been financed. Documents show that at least two consignments delivered between 2016 and 2017 were sponsored by Saudi Arabia, at a time when Riyadh was vetting Congo-Brazzaville’s application to join the Organization of the Petroleum Exporting Countries (OPEC). Given Congo-Brazzaville’s significant oil reserves, the kingdom had an incentive to have a compliant Sassou-Nguesso government in the Saudi-dominated club, according to leading arms expert Andrew Feinstein, author of The Shadow World: Inside the Global Arms Trade.

The world’s biggest arms importer, Saudi Arabia is also an unremorseful supplier of weapons to global conflict zones including Yemen, where it is fighting Iranian-backed Houthi rebels.

Flight manifests list Saudi Arabia as a “sponsoring party” on multiple arms shipments to Congo-Brazzaville, dispatched in 2016 and 2017, as Congo-Brazzaville was on the verge of OPEC membership.

Described by critics as an oil cartel whose members must be compliant with Saudi output demands, OPEC helps the kingdom dominate global oil supply. The effect this has on oil prices, in turn, can boost petroleum revenues in member states.

OPEC’s 13 members include Africa’s biggest producers, Nigeria, Angola, and Algeria. Congo-Brazzaville, which eventually joined OPEC in 2018, would have been seen as a coveted member because it is one of the continent’s top oil producers, which gives OPEC even more heft.

Azerbaijan is not a full OPEC member but it is a significant oil producer.

Feinstein added that the latest Azerbaijan shipment could have been intended to give Sassou-Nguesso the arms to enforce his political will.

“The timing of this shipment is extremely suspicious, given Sassou-Nguesso’s previous crackdowns around elections,” he said. “The government is likely preparing to quash any dissent around the polls.”

A spokesman for Congo-Brazzaville’s government did not respond to multiple requests for comment. Azerbaijan’s Ministry of Defence did not respond to a reporter’s email seeking comment, and neither did a ministry representative listed on multiple documents. Saudi Arabia’s Ministry of Defense did not respond to questions about the nature of their sponsorship of the arms deals.

Boulevard Denis Sassou-Nguesso

The most recent weapons load, addressed to the Republican Guard at 1 Boulevard Denis Sassou-Nguesso in Brazzaville in January 2020, included 775 mortar shells and over 400 cases of rockets designed to be launched out of Soviet-era trucks, the confidential cargo manifest shows. The consignment from Azerbaijan was loaded onto the MV Storm at Derince, about 1,000 kilometers southeast of Istanbul.

The exact price paid by the Congolese regime for the arms shipment could not be verified, although an expert who examined the cargo manifests said it would be worth tens of millions of dollars. A former senior diplomat with access to information about arms inventories, who asked to remain anonymous for fear of reprisal from authorities, confirmed the authenticity of the cargo manifest and other documents and noted the sale price for the arms was likely well below market value.

The port of Derince in Turkey, where the most recent arms shipment set off for Brazzaville. Credit: Wikimedia Commons

The port of Derince in Turkey, where the most recent arms shipment set off for Brazzaville. Credit: Wikimedia Commons

The documents included end-user certificates, which are issued by the country importing the arms to certify the recipient does not plan to sell them onward.

In January 2020, more than 100 tons of weaponry was sent from Azerbaijan to Congo-Brazzaville’s Republican Guard, including 775 mortar shells and over 400 cases of rockets designed to be launched out of trucks.

Pieter Wezeman, a senior researcher at the Stockholm International Peace Research Institute, said arms received at a discount are often either surplus weapons or those produced in Bulgaria or Serbia, which are both known for their cheap ordnance.

“It would be less likely that Congo-Brazzaville would be able to buy some of this equipment from … other European countries which have more restrictive arms export policies,” he said.

The Pool Offensive

The 100-ton shipment from Derince was significant, but separate documents reveal another arsenal sent from Azerbaijan between 2015 and 2017 that dwarfed it — and may have had terrifying consequences.

In total, over 500 tons of weapons, including hand grenades, mortar systems, and millions of bullets, were sent to Congo-Brazzaville in 16 shipments during those years, according to documents including inventories, end-user certificates, and cargo manifests obtained by reporters.

One end-user certificate shows five thousand grenades imported for the purposes of “training, anti-terrorism, security and stability operations.” It was signed by a special adviser to President Sassou-Nguesso on March 3, 2016, just days before the election.

After the vote, the opposition claimed the government had rigged the election in favor of Sassou-Nguesso, and unrest broke out in the capital, Brazzaville. The government blamed the unrest on a militia known as the Ninjas, made up of people mainly from the Lari ethnic group and based in the Pool region, which partially surrounds Brazzaville.

A burnt-out vehicle is seen on the road from Brazzaville to Kinkala. Credit: Philip Kleinfeld/IRIN, via The New Humanitarian

A burnt-out vehicle is seen on the road from Brazzaville to Kinkala. Credit: Philip Kleinfeld/IRIN, via The New Humanitarian

 

The weapons from Azerbaijan were then used, an opposition leader claims, to help fuel a prolonged armed conflict in Pool targeting the Ninjas. Amnesty International condemned the offensive as “an unlawful use of lethal force by the country’s security forces.” As the government pursued the Ninjas, witnesses to the carnage told Amnesty that dozens of bombs were dropped from helicopters, hitting a residential area and even a school.

“During the violence in Pool, the regime deployed a scorched earth strategy,” said Andréa Ngombet Malewa, leader of the Incarner l’Espoir political party. “The weapons that they bought from Azerbaijan went straight to that operation.”

The Baku-Brazzaville Connection

Azerbaijan has emerged as a key foreign ally of Congo-Brazzaville, providing its regime with discount arms and, perhaps more importantly, secrecy.

Azerbaijan’s Ilham Aliyev, right, is seen with Turkish leader Recep Tayyip Erdogan at a 2018 parade in Baku. Credit: Wikimedia Commons/Government of Azerbaijan

Azerbaijan’s Ilham Aliyev, right, is seen with Turkish leader Recep Tayyip Erdogan at a 2018 parade in Baku. Credit: Wikimedia Commons/Government of Azerbaijan

Buying from Ilham Aliyev, strongman of the notoriously opaque South Caucasus nation, Congo-Brazzaville could do so in the knowledge that the sales wouldn’t be reported.

Congo-Brazzaville has not reported any arms imports for more than three decades, and since there’s no arms embargo in place against the country, it isn’t required to do so. Nonetheless, a trail exists, with disclosures by other countries showing Sassou-Nguesso has been active in the arms market. In 2017, Serbia reported exporting 600 assault rifles to Congo-Brazzaville. Bulgaria sent 250 grenade launchers.

Opposition figures claim that previous shipments of weapons from Azerbaijan were used to fuel a brutal post-election offensive in 2016 that led to a humanitarian crisis.

But the Azeri weapons shipments have never been publicly reported, even though documentation seen by OCCRP shows Azerbaijan has been exporting lethal weapons to Sassou-Nguesso since at least as far back as September 2015. Some of the weapons were sourced from Transmobile, a Bulgarian company authorized to trade weapons for Azerbaijan, while others were bought from Yugoimport, a Serbian manufacturer. Neither company responded to requests for comment.

The first shipments of arms arrived in Brazzaville on Azerbaijani Air Force planes, but starting in 2017 a private carrier, Silk Way Airlines, began flying the weapons in instead. As a private carrier, Silk Way would have likely received less scrutiny than its military counterpart.

A Silk Way Airlines Boeing-737 leaves Hong Kong in 1999. Credit: Wilco

A Silk Way Airlines Boeing-737 leaves Hong Kong in 1999. Credit: Wilco

Silk Way is registered in the British Virgin Islands, a tax haven, and was previously linked to the Aliyev family. As well as previously winning lucrative contracts with the U.S. government to move ammunition and other non-lethal materials, Silk Way was found, in leaked correspondence reported by Bulgarian newspaper Trud, to have used flights with diplomatic clearance to secretly move hundreds of tons of weapons around the world, including to global conflict zones, between 2014 and 2017. The airline did not respond to a request for comment.

Braced for a Crackdown

As his regime heads to the polls on March 21, strongarm tactics mean Sassou-Nguesso is expected to win. He will reportedly face Mathias Dzon, his former finance minister from 1997 to 2002, and Guy-Brice Parfait Kolélas, who finished second in the 2016 presidential election, among others.

Saudi Arabia was listed as a “sponsoring party” in at least two arms consignments sent in 2016 and 2017, around the same time Congo-Brazzaville’s admittance to OPEC was being negotiated.

In 2016 he claimed 60 percent of the vote, with Kolélas securing just 15 percent. The U.S. slammed the government for “widespread irregularities and the arrests of opposition supporters.”

Then-U.S. Secretary of State John Kerry greets Denis Sassou Nguesso at a U.S.-Africa Summit in Washington, D.C., on August 6, 2014. Credit: U.S. Department of State/Flickr

Then-U.S. Secretary of State John Kerry greets Denis Sassou Nguesso at a U.S.-Africa Summit in Washington, D.C., on August 6, 2014. Credit: U.S. Department of State/Flickr

Experts don’t believe the opposition will fare any better this time around. Abdoulaye Diarra, a Central Africa Researcher for Amnesty International, said the government is carrying out a pre-election campaign of intimidation, harassment and arbitrary detention against its political opponents.

Fears that press freedom could be under threat ahead of the polls have risen after Raymond Malonga, a cartoonist known for satirical criticism of the authorities, was dragged from his hospital bed by plainclothes police at the beginning of February.

And now, the weapons haul from Azerbaijan has the opposition concerned about the prospect of violence around the polls.

“We are worried that the weapons that Sassou-Nguesso’s regime bought from Azerbaijan could be used to crack down on the opposition during the upcoming election,” said opposition leader Ngombet.

“They don’t want the world to see how much the Congolese people are eager for political change.”

Simon Allison, Sasha Wales-Smith, and Juliet Atellah contributed reporting.

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A Class That Dare Not Speak Its Name: BBI and the Tyranny of the New Kenyan Middle Class

Even as they exert coercive power in Kenya, members of this class remain largely unrecognised as a class with its own economic interests and one that holds contemptuous and racist views of Africans despite being made up of Africans.

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A Class That Dare Not Speak Its Name: BBI and the Tyranny of the New Kenyan Middle Class
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Despite many Kenyans’ opposition to the Building Bridges Initiative there is a sense that politicians are moving with the project full steam ahead and there is nothing the people can do about it. More perplexing is the fact that with elections just over a year away, the fear of what supporting BBI could do to their political careers does not seem to faze the politicians. What explains this powerful force against democracy?

I argue here that the aspect of the BBI — and its charade of public participation — that most passes under silence is the role of the civil service and the intelligentsia. Behind the spectacle of car grants to members of the County Assemblies is an elite that is growing in influence and power, and is pulling the puppet strings of the political class. The bribery of MCAs would have been impossible without the civil service remitting public funds into their accounts. The president would not succeed in intimidating politicians if there were no civil servants — in the form of the police and prosecutors — to arrest politicians and charge them with corruption.

The academy’s contribution to the BBI has been in controlling the social discourse. The mere fact that it was written by PhD holders brought to the BBI an aura of technical expertise with its implied neutrality. Using this aspect of BBI, the media and academics tried to tone down the political agenda of the document. They demanded that discussion of the BBI remain within the parameters of academic discourse, bombarding opponents with demands of proof that they had read the document and exact quotations, refusing to accept arguments that went beyond the text to the politics and actors surrounding the initiative. Discussing the politics of BBI was dismissed as “irrelevant”.

Two cases, both pitting male academics against women citizens, illustrate this tyranny of technocracy and academics. In both cases, the professors implicitly appealed to sexist stereotypes by suggesting that the women were irrational or uninformed. In one debate in February last year, political science professor and vice-chair of the BBI task force, Adams Oloo, singled out Jerotich Seii as one of the many Kenyans who had “fallen into a trap” of restricting her reading of the document to only the two pages discussing the proposed prime minister’s post, while leaving out all the goodies promised in the rest of the document. Jerotich was compelled to reply, “I have actually read the entire document, 156 pages.”

Likewise, earlier this month, Ben Sihanya sat at a desk strewn with paper (to suggest an erudite demeanour) and spoke in condescending tones about Linda Katiba, which was being represented by Daisy Amdany. He harangued Linda Katiba as “cry babies”, demanded discussions based on constitutional sociology and political economy, and declared that no research and no citation of authorities meant “no right to speak”. He flaunted his credentials as a constitutional lawyer with twenty years’ teaching experience and often made gestures like turning pages, writing or flipping through papers as Amdany spoke.

The conversation deteriorated at different moments when the professor accused Linda Katiba of presenting “rumors, rhetoric and propaganda”. When Amdany protested, Sihanya called for the submission of citations rather than “marketplace altercations”. The professor referred to the marketplace more than once, which was quite insensitive, given that the market is the quintessential African democratic space. That’s where ordinary Africans meet, trade and discuss. And women are often active citizens and traders at the market.

Meanwhile, anchor Waihiga Mwaura did too little too late to reign in the professor’s tantrums, having already taken the position that the media is promoting, which is that every opposition to BBI is a “No” campaign, essentially removing the opposition from the picture on the principle of a referendum taking precedence.

Both cases reveal a condescending and elitist attitude towards ordinary Kenyans expressing opinions that run counter to the status quo. The media and academy have joined forces in squeezing out ordinary voices from the public sphere through demands for academic-style discussions of BBI. When discussions of BBI first began in 2020, these two institutions bullied opponents of the process by imposing conditions for speaking. For instance, in the days before the document was released, opponents were told that it was premature to speak without the document in hand. In the days following the release of the document, demands were made of Kenyans to read the document, followed by comments that Kenyans generally do not read. The contradiction literally sounded like the media did not want Kenyans to read the BBI proposals. Now it has become typical practice for anchors and the supporters of BBI to challenge BBI opponents with obnoxious questions such as “You have talked of the problems with BBI, but what are its positive aspects?” essentially denying the political nature of BBI, and reducing the process to the cliché classroom discussion along the lines of “advantages and disadvantages of …”

Basically, what we are witnessing is autocracy by the media, the academy and the bureaucracy, where media and the academy exert symbolic power by denying alternative voices access to public speech, while the civil service intervenes in the material lives of politicians and ordinary people to coerce or bribe them into supporting BBI. Other forms of material coercion that have been reported include chiefs forcing people to give their signatures in support of the BBI.

In both these domains of speech and interactions in daily life, it is those with institutional power who are employing micro-aggression to coerce Kenyans to support BBI. This “low quality oppression”, which contrasts with the use of overt force, leaves Kenyans feeling helpless because, as Christine Mungai and Dan Aceda observe, low-quality oppression “clouds your mind and robs you of language, precision and analytical power. And it keeps you busy dealing with it so that you cannot even properly engage with more systemic problems.” In the end, despite the fact that there is no gun held to their heads, Kenyans face BBI with literally no voice.

But beyond the silencing of Kenyans, this convergence of the media, the academy and the civil service suggests that there is a class of Kenyans who are not only interested in BBI, but are also driven by a belief in white supremacy and an anti-democratic spirit against the people. I want to suggest that this group is symptomatic of “a new middle class”, or what Barbara Ehrenreich and John Ehrenreich have referred to as the “professional managerial class”, which is emerging in Kenya.

For the purposes of this article, I would define this class as one composed of people whose managerial positions within institutions give them low-grade coercive power to impose the will of the hegemony on citizens. The ideology of this class sees its members as having risen to their positions through merit (even when they are appointed through familial connections), and holds that the best way to address problems is through efficient adherence to law and technology, which are necessarily neutral and apolitical. This class also believes that its actions are necessary because citizens do not know better, and that by virtue of their appointment or their training, the members of this class have the right to direct the behaviour of ordinary citizens. Basically, this class is anti-political.

The worst part about this class is that it is a group of people who cannot recognise themselves as such. As Amber A’Lee Frost puts it, it is “a class that dare not speak its name.” This means that even as they exert coercive power in Kenya, members of this class remain largely unrecognised or discussed as a class with its own economic interests.

Even worse, this is a class that holds contemptuous – and ultimately racist – views of Africans despite being made up of Africans. For example, Mohammed Hersi, chair of the Kenya Tourism Federation, has been at the forefront of proposing the obnoxious idea that Kenya should export her labour abroad, the history of the Middle Passage notwithstanding. Despite a history of resistance to the idea that Africans should not receive any education beyond technical training, from the days of WEB Dubois to those of Harry Thuku, the Ministry of Education has introduced the Competency Based Curriculum (CBC), a new education system affirming that ideology. A few months ago, Fred Matiang’i waxed lyrical about the importance of prisons with these words which I must repeat here:

“To Mandela, prison was a school; to Malcolm X, a place of meditation; and to Kenya’s founding fathers, a place where visions of this country were crystallised. We’re reforming our prisons to be places people re-engineer their future regardless of the circumstances they come in.”

How is it possible for educated Africans to talk in public like this?

One factor is historical legacy. The civil service and institutions such as the mainstream media houses were established during colonial rule and were later Africanised with no change in institutional logic. This factor is very disturbing given that the media and the civil service in Kenya opposed nationalist struggles. During colonialism, it was the civil service, its African employees in the tribal police and the local administrations (such as chiefs and home guards), who crushed African revolt against oppression. This means that the Africans who were in the civil service were necessarily pro-colonial reactionaries with no interest in the people’s freedom.

Essentially, Kenyan independence started with a state staffed with people with no economic or political allegiance to the freedom and autonomy of Africans in Kenya. The better-known evidence of this dynamic is the independence government’s suppression of nationalist memories through, for instance, the assassination of General Baimungi Marete in 1965. What remains unspoken is the fact that the colonial institutions and ideologies remained intact after independence. Indeed, certain laws still refer to Kenya as a colony to this day.

It is also important to note that colonial era civil servants were not even European settlers, but British nationals sent in from London. This meant that the primary goal of the civil service was to protect not the settlers’ interests both those of London. Upon the handover of the state to Africans, therefore, this focus on London’s interests remained paramount, and remains so to this day,  as we can see from the involvement of the British government in education reforms, from TPAD (Teacher Performance Appraisal and Development) to the curriculum itself. This dynamic is most overt in the tourism and conservation sector, where tourism is marketed by the government using openly racist and colonial tropes, including promises to tourists that in Kenya, “the colonial legacy lives on”.

There was also a practical aspect to the dominance of these kinds of Africans in the civil service. As Gideon Mutiso tells us in his book Kenya: Politics, Policy and Society, the Africans who were appointed to the civil service had more education than the politicians, because as other Africans were engaged in the nationalist struggles, these people advanced in their studies. Upon independence, Mutiso says, the educated Kenyans began to lord it over politicians as being less educated than they were.

Mutiso’s analysis also points us to the fact that colonial control remained in Kenya through the management of the state by people whose credentials and appointments were based on western education. The insidious role of western education became that of hiding the ideology of white supremacy behind the mask of “qualifications”. As such, Africans who had a western education considered themselves superior to fellow Africans, and worse, British nationals remained civil servants in major positions even a decade into independence, under the pretext that they were technically more qualified.

Less known, and even less talked about, is the virulent anti-African dispensation in the post-independence government. The new government not only had within its ranks Africans who had fought against African self-determination during colonial rule, but also British nationals who remained in charge of key sectors after independence, among them the first minister of Agriculture Bruce McKenzie. Similarly, the only university in Kenya was staffed mainly by foreigners, a situation which students complained about during a protest in 1972.

The continuity of colonial control meant that civil servants were committed to limiting the space for democratic participation. Veteran politicians like Martin Shikuku and Jean-Marie Seroney complained that the civil service was muzzling the voice of the people which was, ideally, supposed to have an impact through their elected representatives. In 1971, for instance, Shikuku complained that the government was no longer a political organ, because “Administrative officers from PCs have assumed the role of party officials [and] civil servants have interfered so much with the party work.” Shikuku Inevitably arrived at the conclusion that “the foremost enemies of the wananchi are the country’s senior civil servants.” For his part, Seroney lamented that parliament had become toothless, because “the government has silently taken the powers of the National Assembly and given them to the civil service,” reducing parliament to “a mere rubber stamp of some unseen authority.” Both men where eventually detained without trial by Jomo Kenyatta.

However, the scenario was no different in the education sector. As Mwenda Kithinji notes, major decisions in education were made by bureaucrats rather than by academics. It was for this reason, for example, that Dr Josephat Karanja was recalled from his post as the High Commissioner to the United Kingdom to succeed Prof.  Arthur Porter as the first principal of the University of Nairobi, going over the head of Prof. Porter’s deputy, Prof. Bethwell Ogot, who was the most seasoned academic in Kenya with a more visionary idea of education.

Unfortunately, because the appointment went to a fellow Kikuyu, reactions were directed at Dr Karanja’s ethnicity, rather than his social status as a bureaucrat. Ethnicity was a convenient card with which to downplay the reality that decisions about education were being removed from the hands of academics and experts and placed in the hands of bureaucrats.

And so began the long road towards an increasingly stifling, extremely controlled administrative education system whose struggles we witness today in the CBC. As Kithinji observes, government bureaucrats regularly interfered in the academic and management affairs of the university, to the point of demanding that the introduction of new programmes receive approval from the Ministry of Education. Other measures for coercing academics to do the bidding of civil servants included imposing bonding policies and reducing budgetary allocations.

In the neoliberal era, however, this ideology of bureaucracy expanded and coopted professionals through managerial and administrative appointments. For instance, the practice of controlling academic life was now extended to academics themselves. Academics appointed as university managers began to behave like CEOs, complete with public relations officers, personal assistants and bodyguards. The role of regulating academic life in Kenya has now been turned over to the Commission for University Education whose headquarters are in the plush residential suburb of Gigiri. CUE regularly contracts its inspection work to academics who then exercise power over curriculum and accreditation under the banner of the commission.

With neoliberalism, therefore, bureaucrats and technocrats enjoy an increase in coercive power, hiding behind the anonymity provided by technology, the audit culture and its reliance on numbers, and concepts such as “quality” to justify their power as neutral, necessary and legitimate. However, the one space they now need to crack is the political space, and by coincidence, Kenya is cursed with an incompetent and incoherent political class. Life could not get better for this class than with the BBI handshake.

BBI therefore provided an ideal opportunity for an onslaught of the managerial class against the Kenyan people. The document under debate was written by PhD-holders, and initial attempts by professors and bureaucrats to defend the document in townhall debates hosted by the mainstream media backfired spectacularly. These technocrats were not convincing because they adamantly refused to answer the political questions raised around BBI, so they have taken a back seat and sent politicians off to the public to give BBI an air of legitimacy. Behind the scenes, however, support for BBI brings together the bureaucrats and the foot soldiers who are behind Uhuru, and the educated intelligentsia that is behind Raila.

And as if things could not get more stifling, Kenyans are looking favourably at the declared candidacies of Kivutha Kibwana, a former law academic, and Mukhisa Kituyi, a former United Nations bureaucrat, in the next presidential election. The point here is not their winning prospects, but the belief that maybe people with better paper credentials and institutional careers might do better than the rambling politicians. However, this idea is dangerous, because it places inordinate faith in western-educated Africans who have not articulated their political positions about African self-determination in an age when black people worldwide are engaged in decolonisation and the Black Lives Matter movement.

Basically, BBI is camouflaging the attack on politics and democracy in Kenya by a new managerial class. We are paying a heavy price for not decolonising our institutions at independence. Since independence, bureaucrats have whittled away at our cultural and institutional independence through police harassment, underfunding, the tyranny of inspections and regulatory control, and through constriction of the Kenyan public and cultural space. Even the arts and culture are tightly regulated these days, with the Ministry of Education providing themes for schools’ drama festivals and the government censoring artists in the name of morality. Worse, this new managerial class collaborates with foreign interests in a shared contempt for African self-determination.

Kenyans must be wary of academics and bureaucrats who use their credentials, acquired in colonial institutions, to bully Kenyans into silence. We must not allow bureaucrats and technocrats to make decisions that affect our lives without subjecting those decisions to public debate. We must recognise and reproach the media for legitimising the bullying from this new managerial class. And we must continue to recognise the Kenyan government as fundamentally colonial in its logic and practice and pick up the failed promise of the NASA manifesto to replace the master-slave logic of the Kenyan civil service. Most of all, we must learn to demystify education, credentials and institutional positions. Kenya is for everybody, and we all have a right to discuss and participate in what happens in our country.

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For J.M’s Ten Million Beggars, the Hustler vs Dynasty Narrative is a Red Herring

Hon. William Ruto’s hustler vs dynasty narrative is a shrewd way of redefining Kenyan identity politics in order to avoid playing the tribal card in his quest for the presidency.

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For J.M’s Ten Million Beggars, the Hustler vs Dynasty Narrative is a Red Herring
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Stifling the “hustler” vs “dynasty” debate will not save us from the imminent implosion resulting from Kenya’s obscene inequalities. While the debate is a welcome distraction from our frequent divisive tribal politics, leaders in government and society are frightened that it might lead to class wars. Our sustained subtle, yet brazen, war against the poor has made class conflict inevitable. If only we had listened to Hon. J. M. Kariuki, the assassinated former Member of Parliament for Nyandarua (1969-1975), and provided the poor with the means to develop themselves, perhaps the prospect of revolt would now be remote.

Could this be the angry ghost of J.M. Kariuki coming back to haunt us? Listen to his voice still crying from the grave, as did his supporters at a rally in 1974: “We do not want a Kenya of ten millionaires and ten million beggars. Our people who died in the forests died with a handful of soil in their right hands, believing they had fallen in a noble struggle to regain our land . . . But we are being carried away by selfishness and greed. Unless something is done now, the land question will be answered by bloodshed” (quoted by Prof. Simiyu Wandibba in his book J.M. Kariuki). Fired by this speech, his followers set ablaze 700 acres of wheat on Mzee Jomo Kenyatta’s farm in Rongai and slaughtered cattle with malice. Thus did J.M. invite his death.

What Hon. William Ruto propounds in his hustler vs dynasty debate is a shrewd way of redefining Kenyan identity politics. Ruto is re-directing the political narrative from the “us” vs “them” of tribalism, to one characterised by the poor and desperate (hustlers) who have seen subsequent governments betray their hopes for a better life, pitted against “them”, Ruto’s rivals, the offspring of politicians born to unfair and unearned privilege.

Wycliffe Muga, the Star newspaper columnist, has eloquently described them as the “sons of a hereditary political elite who absorbed all the benefits that came with independence, leaving ‘the rest of us’ destitute and having no choice but to beg for the crumbs under their table.” By opting for an alternative approach, Ruto hopes to avoid playing the tribal card to attain the presidency. For, besides his own, he would need the support of at least one other of the five big tribes who often reserve support for their own sons unless there is a brokered alliance. But even then, the underlying logic of Kenyan politics remains that of identity politics, which creates a binary narrative of “us” against “them”.

Meanwhile, Ruto has not only radicalised the poor, but he has also hastened the country’s hour of reckoning — judgement for the years of neglect of the poor — and this may ignite the tinder sooner we imagine.

In their article in The Elephant, Dauti Kahura and Akoko Akech observe that, “Ruto might have belatedly discovered the great socio-economic divide between the walala-hoi and the walala-hai in Kenya”. Ruto has galvanised the poor and their plight around the banner of the “hustler nation”, a nation aspiring to erase the tribal or geographical lines that have kept Kenyans apart. As a result the poor are restless as they compare their state with the ease of the lives of the affluent. But Ruto is not organising to awaken class-consciousness among the exploited.  ‘As Thandika Mkandawire, citing Karl Marx, observed, “The existence of class may portend class struggles, but it does not automatically trigger them. It is not enough that classes exist in themselves, they must also be for themselves”’, Kahura and Akech further reiterate.

The problem kicks in immediately he points to the “dynasty”. In juxtaposing the hustlers and dynasty, the poor find a target of hate, an object of their wrath. This situation can easily slide into violence, the violence emerging only when the “us” see themselves as all good and the “them” as all evil.

I worry this controversy has led us to that radicalisation stage where the poor see themselves as the good children of light fighting evil forces of darkness. In our case, the so-called hustler nation believe they are against the deep-state which doesn’t care about them but wants to give to the dynasty that which is due to them. They believe that this collusion between deep-state and dynasty is preventing them from reaching prosperity and so they blame their situation on those who they perceive to be the cause of their wretchedness. Interestingly, the colonial state always feared the day when the masses would rise up and topple it. Unfortunately, Ruto is using the crisis of the underclass created by the colonial state and perpetuated by the political class for political expediency and for his own self-advancement.

By declaring himself the saviour of the hustlers from the dynasties, Ruto — who is devoid of any pro-democracy and pro-suffering citizens political credentials — is perceived to be antagonising the Kenyatta family’s political and financial interests. He has with precision stoked the anger of the poor against particular political elites he calls dynasties and the Odingas, the Kenyattas, the Mois and their associates have become the hustler nation’s enemy. So, one understands why President Uhuru Kenyatta considers Ruto’s dynasty vs hustler debate “a divisive and a major threat to the country’s security”, which he fears may degenerate into class warfare.

Hon. Paul Koinange, Chairman of the Parliamentary Administration and Security Committee errs in his call to criminalise the hustler vs dynasty narrative. If this is hate speech, as Koinange wants it classified, then neglect of the poor by their government is a worse form of hate speech. The application of policies favouring tender-preneurs at the expense of the majority poor, landless and unemployed will incite Kenyans against each other faster than the hustler vs dynasty narrative. The failure to provide public services for the poor and the spiralling wealth of the political class must be confronted.

We have been speeding down this slippery slope for years. According to the Kenya National Bureau of Statistics (KNBS) data released in December 2020, only 2.92 million Kenyans work in the formal sector, of which 1.34 million or 45.9 per cent earn less than Sh30,000. If we accept that the informal sector employs another 15 million Kenyans, an overwhelming majority (71 per cent) would be in micro-scale enterprises or in small-scale enterprises (which make up 26 per cent). This implies that 97 per cent of our enterprises are micro or small, and these are easily wound up. The situation is exasperated by the opulence at the top. The UK-based New World Wealth survey (2014) conducted over 5 years paints a grim picture of wealth distribution in Kenya. Of the country’s 43.1 million people then, 46 per cent lived below the poverty line, surviving on less than Sh172 ($2) a day.

The report shows that nearly two-thirds of Kenya’s Sh4.3 trillion ($50 billion) economy is controlled by a tiny clique of 8,300 super-wealthy individuals, highlighting the huge inequality between the rich and the poor. Without a clear understanding of these disparities, it is difficult to evaluate the currents that are conducive to the widening of this gap not to mention those that would bridge it. Hon. Koinange should be addressing these inequalities that the masses are awakening to rather than combatting the hustler narrative. Our government must be intentional in levelling the playing field, or live in perpetual fear like the British colonials who feared mass revolt across imaginary ethnic lines.

In Kenya, past injustices have yielded gross inequalities. In Reading on inequality in Kenya: Sectoral Dynamics and Perceptions, Okello and Gitau illustrate how state power is still being used to perpetuate differences in the sharing of political and economic welfare. Okello further observes that: “In a country where for a long time economic and political power was/has been heavily partisan, where the state appropriated for itself the role of being the agency for development, and where politics is highly ethnicised, the hypothesis of unequal treatment has been so easy to build.”

This, and not the euphoria of the hustler nation, is the pressure cooker that is about to explode. The horizontal manifestation of inequality stemming from the failure of state institutions and policies that have continued to allow inequalities to fester is what should be of concern to the state. How can the government not see the risk such extreme economic disparities within the population pose for the nation’s stability?

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