“The people are the city.” – Citizens in William Shakespeare’s Coriolanus
At the crack of dawn, roughly between 5a.m and 7a.m, the “Great Trek” in Nairobi begins. Hordes of security guards, domestic workers, office cleaners, factory workers, vegetable hawkers, office messengers and jua kali artisans, among others, start their journey to work – on foot. It is a scene to behold. Thousands of people purposefully walking on roads meant for cars – sometimes for as long as three hours – to report to work by 8a.m., if not earlier.
These are the forgotten people, the ones the city’s urban planners have not catered for since Nairobi came into existence more than a century ago – when the city was planned as an apartheid city, built for a minority white elite that owned cars. Since then Nairobi has been characterised as a city that lacks pavements. Road builders either fail to build pavements during construction or pavements are so small or dilapidated that people have to use the road when walking.
However, even the roads meant for cars are failing the city’s residents. Traffic jams have become so normal in Nairobi that people plan their days around them. Moreover, recent proposals to have “car-free” days will not have the desired impact because those who use private cars are unlikely to walk to work or use public transport. To make matters worse, the frenzied construction of apartment blocks in residential areas has not been accompanied by a commensurate increase in the number of roads and pavements. On the contrary, the construction of office blocks and apartment buildings in many neighbourhoods has led to the uprooting of precious green spaces.
A World Bank study estimates that around 40 per cent of trips in Nairobi are made on foot. Matatus and minibuses account for 30 per cent of these trips while buses account for 10 per cent. Only slightly more than 10 per cent of the city’s population uses private cars. Unlike in many European cities, where walking is considered a lifestyle choice, and where pedestrian pathways and public transport is part of the transport infrastructure, in Kenya a large number of people walk because they can’t afford any other means of transport. Urban transport here is, therefore, not only deeply related to poverty and inequality but also to poor or non-existent transport infrastructure, including sufficient roads and pavements.
A World Bank study estimates that around 40 per cent of trips in Nairobi are made on foot. Matatus and minibuses account for 30 per cent of these trips while buses account for 10 per cent. Only slightly more than 10 per cent of the city’s population uses private cars.
According to Streets as Public Spaces and Drivers of Urban Prosperity, a UN-Habitat report published in 2013, Nairobi has allocated just 11 per of land to roads, which is way below the optimum level of around 30 per cent. (About a third of the land in Manhattan, for instance, is allocated to roads and pavements.) Moreover, the scarcity of roads is evident in both rich and poor neighbourhoods. For example, only 3 per cent of the land in both the up-market Muthaiga and the low-income Kibera is made up of streets. This is worrying because roads and pavements are not just important for mobility, they are also important for the development of related infrastructure, such as water and sewerage systems, which are usually laid down along existing road networks. According to the report, fewer roads and poor road connectivity make cities less prosperous.
Build it and they will come?
But will the construction of more roads improve mobility in the city? Not necessarily. Evidence suggests that more roads in urban areas can actually make mobility more difficult. During the Mwai Kibaki administration, for example, there was a concerted effort to build more roads and highways in Nairobi, ostensibly to ease congestion and improve transport infrastructure. The irony is that despite having more roads in the city, traffic in Nairobi has reached nightmare proportions
This contradiction was predicted some years ago by Enrique Penalosa, the former mayor of the Colombian capital Bogota, when he gave a public lecture at Nairobi University a few months before the construction began. Penalosa said that expansion of the road network in many cities had shown that instead of reducing vehicular traffic, the traffic actually increased. This could be attributed partly to the “build it and they will come” logic that is based on the idea that the building of infrastructure is itself an incentive for more people to use it.
In Nairobi, there has also been a marked increase in the number of private vehicles and matatus on the roads. The construction of highways has also improved connectivity with satellite towns, which has increased traffic flow into the city. These are probably some of the reasons why, despite the construction of several bypasses on Mombasa Road, Uhuru Highway remains the most congested main artery in the city at all hours of the day. The construction of the Thika Superhighway has had a similar effect: the highway has led to urban sprawl as satellite towns have emerged along it, with the result that more commuters from peri-urban areas are now using the highway.
The former mayor of Bogota said that instead of making more room for cars, cities should make more room for pedestrians, cyclists and mass rapid transit systems. This would encourage residents to use alternative forms of transport, which would lessen traffic on the roads.
When he was mayor of the Colombian capital Bogota between 1998 and 2001, Penalosa created a bus rapid transit system featuring bus-only lanes. Penalosa will also be remembered for building an extensive network of bicycle paths and pedestrian-only streets at a time when cities such as London and Paris had not even thought of them. (Now both London and Paris are emulating the Bogota example.)
Penalosa believes that today’s cities need to be totally re-designed to cater for pedestrians and cyclists. In an interview with the online Citiscope magazine, he stated: “For 5000 years we designed cities for people without cars. When cars appeared, we should have begun designing totally different cities. We did not. We just made bigger roads.”
When he was mayor of the Colombian capital Bogota between 1998 and 2001, Penalosa created a bus rapid transit system featuring bus-only lanes. Penalosa will also be remembered for building an extensive network of bicycle paths and pedestrian-only streets at a time when cities such as London and Paris had not even thought of them.
Streets as public spaces
In Nairobi, planners and policy makers are planning for vehicles, not pedestrians. This is in sharp contrast to trends in Europe where citizens are reclaiming their streets as “public spaces” by re-designing streets so that they are accessible only to pedestrians and cyclists. For instance, London has made parts of the famous Trafalgar Square inaccessible to cars and many European cities, including Copenhagen and Amsterdam, encourage the use of bicycles. Apart from the health and environmental benefits, the reclamation of streets as public spaces has immense social benefits. Streets become the great levellers where people from all walks of life meet and interact. This promotes social inclusion.
The idea that streets should be public spaces gained momentum in the mid to late 20th century when American urbanists, such as Jane Jacobs, suggested that “you need to walk a city’s streets to see its soul”. More recently, the American economist Edward Glaeser suggested that the most successful cities in the world are those that “enable us to work and play together” in close proximity and through physical interaction. These interactions are only possible when people mingle on streets and public spaces.
Penalosa is also a great advocate of public spaces, such as parks and playing fields. He notes that New York City created Central Park in 1860 when the city was much poorer than it is today, and that London, a heavily built-up city, has 1,500 public football fields that are open and free to all residents. (In contrast, Nairobi County Governor Mike Sonko had at one time suggested that Uhuru Park – Nairobi’s largest public park – be turned into a matatu stage. Neither under Sonko nor under any of the city’s former leaders have there been plans to build more public parks in the city. What’s worse, in recent years land grabbers have even attempted to steal playgrounds in Nairobi’s public schools.)
The idea that streets should be public spaces gained momentum in the mid to late 20th century when American urbanists, such as Jane Jacobs, suggested that “you need to walk a city’s streets to see its soul”.
Nairobi, like many African and Asian cities, seems not to have learnt lessons from European and other cities where there is a growing “liveable cities” movement that emphasises reduced dependence on motorised transport by making streets more accessible to cyclists and pedestrians. Nairobi’s streets are clogged with cars, matatus and private vehicles, and pavements are fast disappearing or are in a dilapidated state. Many streets do not even have pavements, and those that do are often encroached upon by hawkers and even by motorists. As one Kenyan commented on Twitter, “If there were pavements in Nairobi, motorists would drive on them.” The lack of adequate pavements and bicycle paths has also resulted in unnecessary deaths of pedestrians and cyclists; in fact, cycling and walking are considered among the most dangerous forms of transport in Kenya.
Penalosa is also against the new trend of shopping malls (which has become a rage in Nairobi), which he says deprives city dwellers of walking in and enjoying their city. Local corner shops disappear as the rich flock to enclosed malls. In Nairobi social apartheid that separates the urban rich from the urban poor is now becoming increasingly apparent in these up-market malls and gated communities.
Kenya Urbanization Review, a World Bank report published in February 2016, says that Nairobi is at a particular crossroad and can go down one of two main routes: It can either build its way out of congestion by building more roads to serve the increasing motorisation rate, or it can invest in public transport networks to promote a more compact and environmentally friendly city. “Either way,” says the report, “the fundamental priority is to avoid a trade-off between access and sustainability” that will lock Nairobi into highly land-consuming and car-dependant development patterns.
Devolution: Challenges and opportunities
Like most African cities, Nairobi did not grow as a result of a grand master plan – much of the city has grown spontaneously and haphazardly. Even when there were plans, they were largely ineffective because they did not reflect the reality on the ground and did not anticipate the rapid urban growth rate (driven largely by rural-to-urban migration) after independence in 1963.
For instance, if urban planners and policy makers understood that a large proportion of the city’s 4 million or so residents walk to work (because they cannot afford public transport), they would be ensuring that there would be more and wider pavements in the city and more affordable mass public transport. Urban planners are also in short supply. According to the World Bank report, in 2011 there were only 194 accredited urban planners in the whole of Kenya, compared to 1,690 in South Africa.
Nairobi has ambitions to become a “world class city”, but these ambitions are being hampered by the city’s delusional sense of its own importance that fails to recognise that more than half of the city’s population lives in overcrowded slums with few amenities, such as piped water or electricity. It is estimated that only 36 per cent of households in the city’s informal settlements have direct access to piped water. The urban poor in the city also pay more for water than rich households, as water has to be purchased from water vendors who sell them by the litre. Slum dwellers in Nairobi do not even have access to sanitation and are forced to use makeshift pit latrines. It is estimated that only 18 per cent of Kenya’s total urban population has access to a sewer system; 70 per cent of urban dwellers rely on septic tanks or pit latrines.
Tunku Varadarajan, writing in Forbes in September 2009, described Nairobi (along with Lagos, Karachi, Lima, Cairo, Jakarta, Dhaka, Caracas and Manila) as “an utterly charmless city” – “edgy, aggressive and inhospitable”, a city in which “contempt for the resident is everywhere apparent” and where there are “few parks and sidewalks, and scarcely any of the amenities that comprise the core of urban civilization”. Varadarajan’s assessment of the city may appear harsh, as other observers have commended the city for its vibrant culture and cosmopolitan nature. (Lonely Planet, for example, has described Nairobi as one of the best cities in the world, and has praised it for its “excellent nightspots and good music scene”). However, it is clear that Nairobi lacks the one thing world class cities have – a safe, affordable, reliable and well-regulated public transport system.
Tunku Varadarajan, writing in Forbes in September 2009, described Nairobi (along with Lagos, Karachi, Lima, Cairo, Jakarta, Dhaka, Caracas and Manila) as “an utterly charmless city” – “edgy, aggressive and inhospitable”, a city in which “contempt for the resident is everywhere apparent”
Poor leadership and corruption have further contributed to creating an urban culture that lacks vision. If Nairobi was a place that catered for the majority of its residents’ needs, there would be more pavements, bicycle paths, public parks, public toilets and playing fields in the city. But a land grabbing frenzy has ensured that even the few green spaces (and even public toilets) in the city have now become concrete blocks.
The fundamental reason why Nairobi is so dysfunctional is because its dysfunction is self-perpetuating. Urban dwellers do not demand better infrastructure and services and expect little from the authorities, which leads of a vicious cycle of low expectations, little infrastructure investment and low productivity. When the city fails to provide services, such as garbage collection, those residents who can afford it hire private garbage collectors. The same applies to security, water provision and other essential services. This has resulted in widening the gap between the haves and the have-nots.
Devolution may have actually contributed to the city’s woes as there is no longer a City Council or Ministry of Local Government to blame. The 1963 Local Government Act created 175 local authorities in Kenya, which were abolished under the new constitution that was promulgated in 2010. As required by Article 184 of the constitution, national legislation should provide for the governance and management of urban areas.
The Urban Areas and Cities Act (Revised 2015 edition) does provide for a system of city and municipal boards and town committees that are tasked with adopting urban policies and strategies, including on service delivery and land use. However, the criteria for the creation of these boards are rather restrictive, and could serve as a deterrent to the formation of such boards, especially in poor and largely rural counties.
One of the conditions for the creation of a city or municipal board is that the city or town should have the capacity to generate sufficient revenue to sustain its operations, which is difficult for many of the poorer counties that rely on the national government to carry out operations, including the building of roads that are not part of the national highway network. Nairobi, Kenya’s largest and wealthiest city, collected Sh11.7 billion in revenue in 2015/16, but it is the exception in a country where the majority of towns have populations of less than 250,000 and where urban-based activities are not the mainstay of largely rural economies. Another condition is to have the capacity to effectively and efficiently deliver services, which is a tall order for most smaller towns in Kenya.
One of the pitfalls of devolution is that urban areas may suffer under a system where devolved funds are being used to cater mostly for rural populations in the counties, rather than to the needs of urban dwellers. While this is understandable, given that the majority of counties are predominantly rural and considering the marginalisation of several regions under the previous centralised system, neglecting urban areas may come to haunt counties in the future.
As the World Bank’s Kenya Urbanization Review report concluded, Kenya’s ambitious experiment in devolution holds great promise and comes at an important period but aspects of the process may weaken urban centres at a time when they need to be strengthened. “On balance,” says the report, “Kenya still has an opportunity to leverage urbanization to drive economic growth. It is in the early stages of urbanization, and evidence suggests that cities can drive economic development – especially when they are developed through a ‘system-of-cities’ approach and where devolution empowers counties…to develop strong urban centers.”
One of the pitfalls of devolution is that urban areas may suffer under a system where devolved funds are being used to cater mostly for rural populations in the counties, rather than to the needs of urban dwellers. While this is understandable, given that the majority of counties are predominantly rural and considering the marginalisation of several regions under the previous centralised system, neglecting urban areas may come to haunt counties in the future.
Urbanisation and economic growth
The 2009 Kenya census shows that nearly one-third of the country’s population is now urban, but urbanisation levels are still way below those of other African countries. In fact, along with Burundi, Rwanda and Uganda, Kenya has among the lowest urbanisation levels in the world. This has implications for the country’s economic prospects.
Nairobi, and Kenya as a whole, need an urban strategy that increases productivity and promotes inclusion. Studies have shown that there is a direct correlation between levels of urbanisation and economic growth – in general, most countries do not attain middle income status until they are at least 50 per cent urban. In 2009, the World Bank published a report by the Commission on Growth and Development that showed that there is a clear and robust relationship between urbanisation and per capita income in nearly all countries. The report stated that to achieve middle-income status, countries need to have at least half their populations living in urban areas and that “in all known cases of high and sustained growth, urban manufacturing and services led the process”.
The first challenge, of course, is to make cities and towns sites of high-productivity industries. The second challenge is managing the negative consequences of growth on urban areas, including congestion, pollution, inequality and slum formation. Both challenges require investments in infrastructure – but only if that infrastructure does not contribute to other problems (like pollution and congestion) and if it contributes to making productivity more efficient.
In its current state, the transport infrastructure in cities like Nairobi has proved to be an impediment to productivity as most workers spend more time commuting than engaging in productive activities. Over-dependence of private mini-buses (matatus) has also led to a situation where other forms of public transport have been crowded out, leading to increasing congestion and air pollution.
Building more roads has not helped either because the roads fail to cater for the majority of residents who walk, cycle or use public transport. As Edward Glaeser reminds us in his book, Triumph of the City: How our greatest invention makes us richer, smarter, greener, healthier and happier, “The folly of building-centric urban renewal reminds us that cities aren’t structures; cities are people.”
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Dadaab: Playing Politics With the Lives of Somali Refugees in Kenya
Somali refugees in Kenya should not be held hostage by political disagreements between Mogadishu and Nairobi but must continue to enjoy Kenya’s protection as provided for under international law.
For several years now, Kenya has been demanding that the UNHCR, the UN Refugee Agency, close the expansive Dadaab refugee complex in north-eastern Kenya, citing “national security threats”. Kenya has argued, without providing sufficient proof, that Dadaab, currently home to a population of 218,000 registered refugees who are mostly from Somalia, provides a “safe haven” and a recruitment ground for al-Shabaab, the al-Qaeda affiliate in Somalia that constantly carries out attacks inside Kenya. Threats to shut down have escalated each time the group has carried out attacks inside Kenya, such as following the Westgate Mall attack in 2013 and the Garissa University attack in 2015.
However, unlike previous calls, the latest call to close Dadaab that came in March 2021, was not triggered by any major security lapse but, rather, was politically motivated. It came at a time of strained relations between Kenya and Somalia. Kakuma refugee camp in Turkana County in north-western Kenya, is mostly home to South Sudanese refugees but also hosts a significant number of Somali refugees. Kakuma has not been included in previous calls for closure but now finds itself targeted for political expediency—to show that the process of closing the camps is above board and targets all refugees in Kenya and not only those from Somalia.
That the call is politically motivated can be deduced from the agreement reached between the UNHCR and the Kenyan government last April where alternative arrangements are foreseen that will enable refugees from the East African Community (EAC) to stay. This means that the South Sudanese will be able to remain while the Somali must leave.
Accusing refugees of being a security threat and Dadaab the operational base from which the al-Shabaab launches its attacks inside Kenya is not based on any evidence. Or if there is any concrete evidence, the Kenyan government has not provided it.
Some observers accuse Kenyan leaders of scapegoating refugees even though it is the Kenyan government that has failed to come up with an effective and workable national security system. The government has also over the years failed to win over and build trust with its Muslim communities. Its counterterrorism campaign has been abusive, indiscriminately targeting and persecuting the Muslim population. Al-Shabab has used the anti-Muslim sentiment to whip up support inside Kenya.
Moreover, if indeed Dadaab is the problem, it is Kenya as the host nation, and not the UNHCR, that oversees security in the three camps that make up the Dadaab complex. The camps fall fully under the jurisdiction and laws of Kenya and, therefore, if the camps are insecure, it is because the Kenyan security apparatus has failed in its mission to securitise them.
The terrorist threat that Kenya faces is not a refugee problem — it is homegrown. Attacks inside Kenya have been carried out by Kenyan nationals, who make up the largest foreign group among al-Shabaab fighters. The Mpeketoni attacks of 2014 in Lamu County and the Dusit D2 attack of 2019 are a testament to the involvement of Kenyan nationals. In the Mpeketoni massacre, al-Shabaab exploited local politics and grievances to deploy both Somali and Kenyan fighters, the latter being recruited primarily from coastal communities. The terrorist cell that conducted the assault on Dusit D2 comprised Kenyan nationals recruited from across Kenya.
Jubaland and the maritime border dispute
This latest demand by the Kenyan government to close Dadaab by June 2022 is politically motivated. Strained relations between Kenya and Somalia over the years have significantly deteriorated in the past year.
Mogadishu cut diplomatic ties with Nairobi in December 2020, accusing Kenya of interfering in Somalia’s internal affairs. The contention is over Kenya’s unwavering support for the Federal Member State of Jubaland — one of Somalia’s five semi-autonomous states — and its leader Ahmed “Madobe” Mohamed Islam. The Jubaland leadership is at loggerheads with the centre in Mogadishu, in particular over the control of the Gedo region of Somalia.
Kenya has supported Jubaland in this dispute, allegedly hosting Jubaland militias inside its territory in Mandera County that which have been carrying out attacks on federal government of Somalia troop positions in the Gedo town of Beled Hawa on the Kenya-Somalia border. Dozens of people including many civilians have been killed in clashes between Jubaland-backed forces and the federal government troops.
Relations between the two countries have been worsened by the bitter maritime boundary dispute that has played out at the International Court of Justice (ICJ).
The latest call to close Dadaab is believed to have been largely triggered by the case at the Hague-based court, whose judgement was delivered on 12 October. The court ruled largely in favour of Somalia, awarding it most of the disputed territory. In a statement, Kenya’s President Uhuru Kenyatta said, “At the outset, Kenya wishes to indicate that it rejects in totality and does not recognize the findings in the decision.” The dispute stems from a disagreement over the trajectory to be taken in the delimitation of the two countries’ maritime border in the Indian Ocean. Somalia filed the case at the Hague in 2014. However, Kenya has from the beginning preferred and actively pushed for the matter to be settled out of court, either through bilateral negotiations with Somalia or through third-party mediation such as the African Union.
Kenya views Somalia as an ungrateful neighbour given all the support it has received in the many years the country has been in turmoil. Kenya has hosted hundreds of thousands of Somali refugees for three decades, played a leading role in numerous efforts to bring peace in Somalia by hosting peace talks to reconcile Somalis, and the Kenyan military, as part of the African Union Mission in Somalia, AMISOM, has sacrificed a lot and helped liberate towns and cities. Kenya feels all these efforts have not been appreciated by Somalia, which in the spirit of good neighbourliness should have given negotiation more time instead of going to court. In March, on the day of the hearing, when both sides were due to present their arguments, Kenya boycotted the court proceedings at the 11th hour. The court ruled that in determining the case, it would use prior submissions and written evidence provided by Kenya. Thus, the Kenyan government’s latest demand to close Dadaab is seen as retaliation against Somalia for insisting on pursuing the case at the International Court of Justice (ICJ).
Nowhere safe to return to
Closing Dadaab by June 2022 as Kenya has insisted to the UNHCR, is not practical and will not allow the dignified return of refugees. Three decades after the total collapse of the state in Somalia, conditions have not changed much, war is still raging, the country is still in turmoil and many parts of Somalia are still unsafe. Much of the south of the country, where most of the refugees in Dadaab come from, remains chronically insecure and is largely under the control of al-Shabaab. Furthermore, the risk of some of the returning youth being recruited into al-Shabaab is real.
A programme of assisted voluntary repatriation has been underway in Dadaab since 2014, after the governments of Kenya and Somalia signed a tripartite agreement together with the UNHCR in 2013. By June 2021, around 85,000 refugees had returned to Somalia under the programme, mainly to major cities in southern Somalia such as Kismayo, Mogadishu and Baidoa. However, the programme has turned out to be complicated; human rights groups have termed it as far from voluntary, saying that return is fuelled by fear and misinformation.
Many refugees living in Dadaab who were interviewed by Human Rights Watch said that they had agreed to return because they feared Kenya would force them out if they stayed. Most of those who were repatriated returned in 2016 at a time when pressure from the Kenyan government was at its highest, with uncertainty surrounding the future of Dadaab after Kenya disbanded its Department of Refugee Affairs (DRA) and halted the registration of new refugees.
Many of the repatriated ended up in camps for internally displaced persons (IDPs) within Somalia, with access to fewer resources and a more dangerous security situation. Somalia has a large population of 2.9 million IDPs scattered across hundreds of camps in major towns and cities who have been displaced by conflict, violence and natural disasters. The IDPs are not well catered for. They live in precarious conditions, crowded in slums in temporary or sub-standard housing with very limited or no access to basic services such as education, basic healthcare, clean water and sanitation. Thousands of those who were assisted to return through the voluntary repatriation programme have since returned to Dadaab after they found conditions in Somalia unbearable. They have ended up undocumented in Dadaab after losing their refugee status in Kenya.
Many refugees living in Dadaab who were interviewed by Human Rights Watch said that they had agreed to return because they feared Kenya would force them out if they stayed.
Camps cannot be a permanent settlement for refugees. Dadaab was opened 30 years ago as a temporary solution for those fleeing the war in Somalia. Unfortunately, the situation in Somalia is not changing. It is time the Kenyan government, in partnership with members of the international community, finds a sustainable, long-term solution for Somali refugees in Kenya, including considering pathways towards integrating the refugees into Kenyan society. Dadaab could then be shut down and the refugees would be able to lead dignified lives, to work and to enjoy freedom of movement unlike today where their lives are in limbo, living in prison-like conditions inside the camps.
The proposal to allow refugees from the East African Community to remain after the closure of the camps — which will mainly affect the 130,000 South Sudanese refugees in Kakuma — is a good gesture and a major opportunity for refugees to become self-reliant and contribute to the local economy.
Announcing the scheme, Kenya said that refugees from the EAC who are willing to stay on would be issued with work permits for free. Unfortunately, this option was not made available to refugees from Somalia even though close to 60 per cent of the residents of Dadaab are under the age of 18, have lived in Kenya their entire lives and have little connection with a country their parents escaped from three decades ago.
Many in Dadaab are also third generation refugees, the grandchildren of the first wave of refugees. Many have also integrated fully into Kenyan society, intermarried, learnt to speak fluent Swahili and identify more with Kenya than with their country of origin.
The numbers that need to be integrated are not huge. There are around 269,000 Somali refugees in Dadaab and Kakuma. When you subtract the estimated 40,000 Kenyan nationals included in refugee data, the figure comes down to around 230,000 people. This is not a large population that would alter Kenya’s demography in any signific ant way, if indeed this isis the fear in some quarters. If politics were to be left out of the question, integration would be a viable option.
Many in Dadaab are also third generation refugees, the grandchildren of the first wave of refugees.
For decades, Kenya has shown immense generosity by hosting hundreds of thousands of refugees, and it is important that the country continues to show this solidarity. Whatever the circumstances and the diplomatic difficulties with its neighbour Somalia, Kenya should respect its legal obligations under international law to provide protection to those seeking sanctuary inside its borders. Refugees should only return to their country when the conditions are conducive, and Somalia is ready to receive them. To forcibly truck people to the border, as Kenya has threatened in the past, is not a solution. If the process of returning refugees to Somalia is not well thought out, a hasty decision will have devastating consequences for their security and well-being.
The Assassination of President Jovenel Moïse and the Haitian Imbroglio
As CARICOM countries call for more profound changes that would empower the Haitian population, Western powers offer plans for “consensual and inclusive” government that will continue to exclude the majority of the citizens of Haiti from participating in the running of their country.
On Wednesday 7 July 2021, the President of Haiti, Jovenel Moïse, was assassinated in his home. His wife was injured in the attack. That the president’s assassins were able to access his home posing as agents of the Drug Enforcement Agency of the United States (DEA) brought to the fore the intricate relationship between drugs, money laundering and mercenary activities in Haiti. Two days later, the government of Haiti reported that the attack had been carried out by a team of assailants, 26 of whom were Colombian. This information that ex-soldiers from Colombia were involved brought to the spotlight the ways in which Haiti society has been enmeshed in the world of the international mercenary market and instability since the overthrow of President Jean-Bertrand Aristide and the Lavalas movement in 2004.
When the French Newspaper Le Monde recently stated that Haiti was one of the four drug hubs of the Caribbean region, the paper neglected to add the reality that as a drug hub, Haiti had become an important base for US imperial activities, including imperial money laundering, intelligence, and criminal networks. No institution in Haiti can escape this web and Haitian society is currently reeling from this ecosystem of exploitation, repression, and manipulation. Under President Donald Trump, the US heightened its opposition to the governments of Venezuela and Cuba. The mercenary market in Florida became interwoven with the US Drug Enforcement Agency (DEA) and the financial institutions that profited from crime syndicates that thrive on anti-communist and anti-Cuba ideas.
But even as Haitian society is reeling from intensified destabilization, the so-called Core Group (comprising of the Organization of American States (OAS), the European Union, the United States, France, Spain, Canada, Germany, and Brazil) offers plans for “consensual and inclusive” government that will continue to exclude the majority of the citizens of Haiti from participating in the running of their country. Elsewhere in the Caribbean, CARICOM countries are calling for more profound changes that would empower the population while mobilizing international resources to neutralize the social power of the money launderers and oligarchs in Haitian society.
Haiti since the Duvaliers
For the past thirty-five years, the people of Haiti have yearned for a new mode of politics to transcend the dictatorship of the Duvaliers (Papa Doc and Baby Doc). The Haitian independence struggles at the start of the 19th century had registered one of the most fundamental blows to the institutions of chattel slavery and colonial domination. Since that revolution, France and the US have cooperated to punish Haiti for daring to resist white supremacy. An onerous payment of reparations to France was compounded by US military occupation after 1915.
Under President Woodrow Wilson, the racist ideals of the US imperial interests were reinforced in Haiti in a nineteen-year military occupation that was promoted by American business interests in the country. Genocidal violence from the Dominican Republic in 1937 strengthened the bonds between militarism and extreme violence in the society. Martial law, forced labour, racism and extreme repression were cemented in the society. Duvalierism in the form of the medical doctor François Duvalier mobilized a variant of Negritude in the 50s to cement a regime of thuggery, aligned with the Cold War goals of the United States in the Caribbean. The record of the Duvalier regime was reprehensible in every form, but this kind of government received military and intelligence assistance from the United States in a region where the Cuban revolution offered an alternative. Francois Duvalier died in 1971 and was succeeded by his son, Jean-Claude Duvalier, who continued the tradition of rule by violence (the notorious Tonton Macoute) until this system was overthrown by popular uprisings in 1986.
The Haitian independence struggles at the start of the 19th century had registered one of the most fundamental blows to the institutions of chattel slavery and colonial domination.
On 16 December 1990, Jean-Bertrand Aristide won the presidency by a landslide in what were widely reported to be the first free elections in Haiti’s history. Legislative elections in January 1991 gave Aristide supporters a plurality in Haiti’s parliament. The Lavalas movement of the Aristide leadership was the first major antidote to the historical culture of repression and violence. The United States and France opposed this new opening of popular expression such that military intervention, supported by external forces in North America and the Organization of American States, brought militarists and drug dealers under General Joseph Raoul Cédras to the forefront of the society. The working peoples of Haiti were crushed by an alliance of local militarists, external military peacekeepers and drug dealers. The noted Haitian writer, Edwidge Danticat, has written extensively on the consequences of repeated military interventions, genocide and occupation in the society while the population sought avenues to escape these repressive orders. After the removal of the Aristide government in 2004, it was the expressed plan of the local elites and the external forces that the majority of the Haitian population should be excluded from genuine forms of participatory democracy, including elections.
Repression, imperial NGOs and humanitarian domination
The devastating earthquake of January 2010 further deepened the tragic socio-economic situation in Haiti. An estimated 230,000 Haitians lost their lives, 300,000 were injured, and more than 1.5 million were displaced as a result of collapsed buildings and infrastructure. External military interventions by the United Nations, humanitarian workers and international foundations joined in the corruption to strengthen the anti-democratic forces in Haitian society. The Clinton Foundation of the United States was complicit in imposing the disastrous presidency of Michel Martelly on Haitian society after the earthquake. The book by Jonathan Katz, The Big Truck That Went By: How the World Came to Save Haiti and Left Behind a Disaster, provides a gripping account of the corruption in Haiti. So involved were the Clintons in the rot in Haiti that Politico Magazine dubbed Bill and Hilary, The King and Queen of Haiti.
In 2015, Jovenel Moïse was elected president in a very flawed process, but was only able to take office in 2017. From the moment he entered the presidency, his administration became immersed in the anti-people traditions that had kept the ruling elites together with the more than 10,000 international NGOs that excluded Haitians from participating in the projects for their own recovery. President Moïse carved out political space in Haiti with the support of armed groups who were deployed as death squads with the mission of terrorizing popular spaces and repressing supporters of the Haitian social movement. In a society where the head of state did not have a monopoly over armed gangs, kidnappings, murder (including the killing of schoolchildren) and assassinations got out of control. Under Moïse, Haiti had become an imbroglio where the government and allied gangs organized a series of massacres in poor neighbourhoods known to host anti-government organizing, killing dozens at a time.
Moïse and the extension of repression in Haiti
Moïse remained president with the connivance of diplomats and foundations from Canada, France and the United States. These countries and their leaders ignored the reality that the Haitian elections of 2017 were so deeply flawed and violent that almost 80 per cent of Haitian voters did not, or could not, vote. Moïse, with the support of one section of the Haitian power brokers, avoided having any more elections, and so parliament became inoperative in January 2020, when the terms of most legislators expired. When mayors’ terms expired in July 2020, Moïse personally appointed their replacements. This accumulation of power by the president deepened the divisions within the capitalist classes in Haiti. Long-simmering tensions between the mulatto and black capitalists were exacerbated under Moïse who mobilized his own faction on the fact that he was seeking to empower and enrich the black majority. Thugs and armed gangs were integrated into the drug hub and money laundering architecture that came to dominate Haiti after 2004.
After the Trump administration intensified its opposition to the Venezuelan government, the political and commercial leadership in Haiti became suborned to the international mercenary and drug systems that were being mobilized in conjunction with the military intelligence elements in Florida and Colombia. President Jovenel Moïse’s term, fed by spectacular and intense struggles between factions of the looters, was scheduled to come to a legal end in February 2021. Moïse sought to remain in power, notwithstanding the Haitian constitution, the electoral law, or the will of the Haitian people.
So involved were the Clintons in the rot in Haiti that Politico Magazine dubbed Bill and Hilary, The King and Queen of Haiti.
Since the removal of Aristide and the marginalization of the Lavalas forces from the political arena in Haiti, the US has been more focused on strengthening the linkages between the Haitian drug lords and the money launderers in Colombia, Florida, Dominican Republic, and Venezuelan exiles. It was therefore not surprising that the mercenary industry, with its linkages to financial forces in Florida, has been implicated in the assassination of President Moïse. The Core Group of Canada, France and the US has not once sought to deploy the resources of the international Financial Action Task Force (FATF) to penetrate the interconnections between politicians in Haiti and the international money laundering and mercenary market.
Working for democratic transition in Haiti
The usual handlers of Haitian repression created the Core Group within one month of Moïse’s assassination. Canada, France and the United States had historically been implicated in the mismanaging of Haiti along with the United Nations. Now, the three countries have mobilized the OAS (with its checkered history), Brazil and the European Union to add their weight to a new transition that will continue to exclude the majority of the people of Haiti. It has been clear that under the current system of destabilization and violence, social peace will be necessary before elections can take place in Haiti.
Moïse sought to remain in power, notwithstanding the Haitian constitution, the electoral law, or the will of the Haitian people.
The continuous infighting among the Haitian ruling elements after the assassination was temporarily resolved at the end of July when Ariel Henry was confirmed by the US and France as Prime Minister. Henry had been designated as prime minister by Moïse days before his assassination. The popular groups in Haiti that had opposed Moïse considered the confirmation of Ariel Henry as a slap in the face because they had been demonstrating for the past four years for a more robust change to the political landscape. These organizations mobilized in what they called the Commission, (a gathering of civil society groups and political parties with more than 150 members), and had been holding marathon meetings to publicly work out what kind of transitional government they would want to see. According to the New York Times, rather than a consensus, the Core Group of international actors imposed a “unilateral proposal” on the people of Haiti.
Haiti is a member of CARICOM. The Caribbean community has proposed a longer transition period overseen by CARICOM for the return of Haiti to democracy. With the experience of the UN in Haiti, the Caribbean community has, through its representative on the UN Security Council, proposed the mobilization of the peacekeeping resources and capabilities of the UN to be deployed to CARICOM in order to organize a credible transition to democracy in Haiti. The nature and manner of the assassination of President Moïse has made more urgent the need for genuine reconstruction and support for democratic transition in Haiti.
How Dadaab Has Changed the Fortunes of North-Eastern Kenya
Despite the hostile rhetoric and threats of closure, the presence of refugees in the camps in northern-eastern Kenyan has benefited the host communities.
In the 1960s, Kenya had a progressive refugee policy that allowed refugees to settle anywhere in the country and to access education. This approach created in Kenya a cadre of skilled and professional refugees. However, the policy changed in the 1990s due to an overwhelming influx of refugees and asylum seekers escaping conflict in Somalia, Ethiopia and South Sudan. Kenya switched to an encampment policy for refugees, who were mainly confined to camps.
Although there are refugees living in urban and peri-urban areas elsewhere in the country, for over two decades, northern Kenya has hosted a disproportionate number of the refugees living in Kenya. The region has been home to one of the world’s largest refugee camps, with generations of lineage having an impact on the economic, social, cultural, and ecological situation of the region because of the support provided by the government and by non-governmental organisations (NGOs) in education, health and security services.
Mandera and Marsabit counties, both of which boarder with Ethiopia, Wajir County which borders with both Ethiopia and Somalia and, Garissa County which borders with Somalia, have hosted refugees and migrants displaced from their countries of origin for various reasons. In 2018, the town of Moyale, which is on the Ethiopian boarder in Marsabit County, temporarily hosted over 10,000 Ethiopians escaping military operations in Ethiopia’s Moyale District.
Elwak town in Wajir County occasionally hosts pastoralist communities from Somalia who cross into Kenya seeking pasture for their livestock. While the movement of refugees into Marsabit and Wajir counties has been of a temporary nature, Garissa County has hosted refugees for decades.
Located 70 kilometres from the border with Somalia, the Dadaab refugee complex was established in the 1990s and has three main camps: Dagahaley, Ifo, and Hagadera. Due to an increase in refugee numbers around 2011, the Kambioos refugee camp in Fafi sub-county was established to host new arrivals from Somalia and to ease pressure on the overcrowded Hagadera refugee camp. The Kambioos camp was closed in 2019 as the refugee population fell.
According to the UN Refugee Agency, UNHCR, and the Refugee Affairs Secretariat (RAS), the Dadaab refugee complex currently hosts over 226, 689 refugees, 98 per cent of whom are from Somalia. In 2015, the refugee population in the Dadaab refugee complex was over 300,000, larger than that of the host community. In 2012, the camp held over 400,000 refugees leading to overstretched and insufficient resources for the growing population.
Under international refugee and human rights law, the government has the sole responsibility of hosting and caring for refugees. However, there is little information regarding the investments made by the Kenyan government in the refugee sector in the north-eastern region over time. Moreover, the government’s investment in the sector is debatable since there was no proper legal framework to guide refugee operations in the early 1990s. It was only in 2006 that the government enacted the Refugee Act that formally set up the Refugee Affairs Secretariat mandated to guide and manage the refugee process in Kenya.
While the Refugee Act of 2006 places the management of refugee affairs in the hands of the national government, devolved county governments play a significant role in refugee operations. With the 2010 constitution, the devolution of social functions such as health and education has extended into refugee-hosting regions and into refugee camps. While devolution in this new and more inclusive system of governance has benefited the previously highly marginalised north-eastern region through a fairer distribution of economic and political resources, there is however little literature on how the refugees benefit directly from the county government resource allocations.
The three north-eastern counties are ranked among the leading recipients of devolved funds: Mandera County alone received US$88 million in the 2015/2016 financial year, the highest allocation of funds after Nairobi and Turkana, leading to developmental improvements.
However, it can be argued that the allocation of funds from the national government to the northern frontier counties by the Kenya Commission on Revenue Allocation—which is always based on the Revenue Allocation table that prioritizes population, poverty index, land area, basic equal share and fiscal responsibility—may not have been taking the refugee population into account. According to the 2019 census, the population of Dadaab sub-county is 185,252, a figure that is well below the actual refugee population. The increase in population in the north-eastern region that is due to an increase in the refugee population calls for an increase in the allocation of devolved funds.
The three north-eastern counties are ranked among the leading recipients of devolved funds.
Dadaab refugee camp has been in the news for the wrong reasons. Security agencies blame the refugees for the increased Al Shabaab activity in Kenya, and even though these claims are disputed, the government has made moves to close down the camp. In 2016, plans to close Dadaab were blocked by the High Court which declared the proposed closure unconstitutional. In 2021, Kenya was at it again when Ministry of Interior Cabinet Secretary Fred Matiang’I tweeted that he had given the UNHCR 14 days to draw up a plan for the closure of the camp. The UNHCR and the government issued a joint statement agreeing to close the camp in June 2022.
The security rhetoric is not new. There has been a sustained campaign by Kenya to portray Dadaab as a security risk on national, regional and international platforms. During the 554th meeting of the African Union Peace and Security Forum held in November 2015, it was concluded that the humanitarian character of the Dadaab refugee camp had been compromised. The AU statements, which may have been drafted by Kenya, claimed that the attacks on Westgate Mall and Garissa University were planned and launched from within the refugee camps. These security incidents are an indication of the challenges Kenya has been facing in managing security. For example, between 2010 and 2011, there were several IED (Improvised Explosive Devices) incidents targeting police vehicles in and around Dadaab where a dozen officers were injured or killed. In October 2012, two people working for the medical charity Médicins Sans Frontières (MSF) were kidnapped in Dadaab. Local television network NTV has described the camp as “a womb of terror” and “a home for al-Shabaab operations”.
There has been a sustained campaign by Kenya to portray Dadaab as a security risk on national, regional and international platforms.
Security restrictions and violent incidents have created a challenging operational environment for NGOs, leading to the relocation of several non-local NGO staff as well as contributing to a shrinking humanitarian space. Some teachers and health workers from outside the region have refused to return to the area following terrorist attacks by Al-Shabaab, leaving behind large gaps in the health, education, and nutrition sectors.
However, despite the challenging situation, the refugee camps have also brought many benefits, not only to Kenya as a country but also to the county governments and the local host communities.
According to the Intergovernmental Authority on Development (IGAD) half the refugee population in the IGAD member states are children of school-going age, between 4 and 18 years.
In Garissa, the education sector is one of the areas that has benefited from the hosting of refugees in the county because the host community has access to schools in the refugee camps. Windle Trust, an organisation that offers scholarships to students in secondary schools and in vocational training institutes, has been offering scholarships to both the refugees and the host communities. In July 2021, over 70 students benefited from a project run by International Labour Organisations (ILO) in partnership with Garissa county governments, the East African Institute of Welding (EAIW) and the Kenya Association of Manufacturers (KAM) to give industrial welding skills to refugees and host communities.
However, despite the measures taken by the Kenyan government to enrol refugees in Kenyan schools, there is a notable gap that widens as students go through the different levels of education. Statistics show that of the school-going refugee population, only a third get access to secondary education of which a sixth get to join tertiary institutions. This is well below the government’s Sustainable Development Goal (SDG) 4 target that seeks to ensure that all girls and boys complete free, equitable and quality primary and secondary education. This also reflects the situation of the host community’s education uptake. Other investments in the education sector that have targeted the host communities include recruitment and deployment of early childhood education teachers to schools in the host community by UNHCR and other non-governmental organizations (NGOs).
The presence of refugees has led to NGOs setting up and running projects in the camps. According to Garissa County’s Integrated Development Plan, there are over 70 non-governmental organisations present, with the majority operating around the Dadaab refugee complex and within the host communities. The UNHCR estimates that it will require about US$149.6 million to run its operations in Dadaab Camp this year. However, as of May 2021, only US$45.6 million—31 per cent of the total amount required—had been received.
The decrease in humanitarian funding has had an impact on the livelihoods of refugees and host communities in north-eastern Kenya. According to the World Bank, 73 per cent of the population of Garissa County live below the poverty line. In the absence of social safety nets, locals have benefited from the humanitarian operations in and around the camp. The UNHCR reports that about 40,000 Kenyan nationals within a 50km radius of the Dadaab refugee camp ended up enrolling as refugees in order to access food and other basic services in the camps.
In 2014, the UNHCR reported that it had supported the Kenyan community residing in the wider Daadab region in establishing over US$5 million worth of community assets since 2011. The presence of refugees has also increased remittances from the diaspora, and there are over 50 remittance outlets operating in the Dadaab camp, increasing economic opportunities and improving services. Using 2010 as the reference year, researchers have found that the economic benefits of the Dadaab camp to the host community amount to approximately US$14 million annually.
The UNHCR reported that it had supported the Kenyan community residing in the wider Daadab region in establishing over US$5 million of community assets since 2011 since 2011.
To reduce overdependence on aid and humanitarian funding in running refugee operations, the County Government of Garissa developed a Garissa Integrated Socio-Economic Development Plan (GISEDP) in 2019 that provided ways of integrating refugees into the socio-economic life of the community to enhance their self-reliance. The European Union announced a Euro 5 million funding programme to support the socio-economic development plan, thus opening up opportunities for development initiatives including income generating activities such as the flourishing businesses at Hagadera market. The recent announcement of the planned closure of the camp has put these plans at risk.
The host community is increasingly involved in issues that affect both the locals living around the Dadaab refugee complex and the refugees themselves, with the voice of the community gaining prominence in decision-making regarding the county budget and sometimes even regarding NGO operations. NGOs periodically conduct needs assessments in and around the camp to guide the budgeting and planning process for subsequent years and the host community is always consulted.
Interest in governance issues has also increased. For example, between 2010 and 2015 the host community successfully lobbied for increased employment opportunities for locals in the UNHCR operations. With experience in the humanitarian field, some from within the host communities have secured positions as expatriates in international organizations across the globe, adding to increased international remittances to Garissa County.
Research reveals that, compared to other pastoralist areas, health services for host communities have improved because of the presence of aid agencies in Dadaab. Hospitals managed by Médicins Sans Frontières and the International Red Cross in Dagahaley and Hagadera respectively are said to be offering better services than the sub-county hospital in Dadaab town. The two hospitals are Ministry of Health-approved vaccination centres in the fight against the COVID-19 pandemic.
Despite the massive investments made in the health sector by humanitarian organisations in and around Dadaab, both UNICEF and the World Health Organisation have identified the camp as an entry point for infectious diseases like polio and measles into Kenya. There was a confirmed case of WPV1 (wild poliovirus) in a 4-month-old girl from the Dadaab refugee camp in May 2013. This is a clear indication of the health risks associated with the situation.
Researchers have found that the economic benefits of the Dadaab camp to the host community amount to approximately US$14 million annually.
Other problems associated with the presence of the camps include encroachment of the refugee population on local land, leading to crime and hostility between the two communities. These conflicts are aggravated by the scramble for the little arable land available in this semi-arid region that makes it difficult to grow food and rear farm animals, leading to food shortages.
While it is important to acknowledge that progress has been made in integrating refugees into the north-eastern region, and that some development has taken place in the region, more needs to be done to realise the full potential of the region and its communities. Kenya’s security sector should ensure that proper measures are put in place to enhance security right from the border entry point in order to weed out criminals who take advantage of Kenya’s acceptance of refugees. The country should not expel those who have crossed borders in search of refuge but should tap fully into the benefits that come with hosting refugees.
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