“Christianity began as a personal relationship with Jesus Christ. When it went to Athens, it became a philosophy. When it went to Rome, it become an organisation. When it went to Europe, it become a culture. When it went to America, it become a business.” – Anonymous.
In the last few weeks, Deputy President William Ruto, who has made it known to all and sundry that he has clearly set his sights on the presidency come 2022, has made troubling theological statements which cannot stand biblical scrutiny. And all this while the church’s leadership across Kenya has been eerily mum on these utterances that border on both fallacy and heresy.
At a church function in Kiambu County on June 17, 2018, feeling sufficiently sanctified to be within the precincts of a Catholic church – the most influential and powerful religious institution in the country – and after contributing what he must have considered to be an amount that would please God and the church’s coffers, Ruto was audacious enough to later claim that his cash donation was tantamount to future “risk” investments in the hereafter. After the church fund-raiser, the Deputy President met some religious leaders at the Blue Post Hotel in Thika, where he is reported to have stated: “Some people condemn me for going around raising money here and there and in church. It is up to them. I’m investing in heavenly matters…some people invest in funerals, let them continue…”
The utterances at St Benedict’s Church in the Ngoingwa suburb of Thika town were followed exactly a month later by another stupendous statement by Ruto, clearly indicating that he was confident that he was on uncritical and all-embracing grounds. On July 15, 2018, he was the chief guest at the African Independent Pentecostal Church of Africa (AIPCA) Patanisha, in Kayole, a populous suburb 10km south-east of Nairobi city centre, where he gave Sh2.5 million (about $25,000) to the church and said: “They say I’ve been purchasing seats for the churches. And because we do not ask them why they take their money to witch doctors at night, they should leave us alone to give money to church for the work of God.”
To date, no church leader – Catholic or otherwise – has found it necessary to correct his misleading statements and to remind the Deputy President that his contributions to different churches are in no way a measure of his Christian virtues, neither are they a passport to eternal bliss or a favour to churches and Christians. But the church leaders have been quiet, perhaps hoping that he will tone down on his quasi-religious utterances as they continue to reap from his humongous cash donations.
According to a July 22, 2018 Daily Nation report, in a short span of just six months, Ruto’s generous spirit has led him to dish out amounts totalling Sh60 million (roughly $600,000), most of it in cash, to various churches. The distribution of Ruto’s cash donations to Catholic churches and institutions in Central Kenya and Nakuru County are as follows: Kairuri Catholic Parish, Embu County, Sh5 million (during the fundraiser, Ruto pointed out that the contribution was a joint effort between him and President Uhuru Kenyatta); Mary Immaculate Primary School, Nanyuki, Laikipia County, Sh3 million; Holy Cross Catholic Church, Nakuru County, Sh2 million; a Catholic church project in Njoro, also in Nakuru County, Sh2 million; Baricho Catholic Church, Kirinyaga County, Sh1 million; and Murugu Catholic Church, Nyeri County, Sh1 million. (Interestingly, Nyeri town constituency is represented by the rookie MP, Wambugu Ngunjiri, the de facto leader of Central Kenya MPs, most of whom are also first-timers and who are opposed to the perception of Ruto as the Jubilee Party’s automatic presidential flagbearer after President Uhuru Kenyatta’s term ends in 2022.) This adds up to Sh14 million solely given to Catholic churches.
According to a July 22, 2018 Daily Nation report, in a short span of just six months, Ruto’s generous spirit has led him to dish out amounts totalling Sh60 million (roughly $600,000), most of it in cash, to various churches.
If we add to this the contribution to Murang’a High School, which received Sh15 million for the construction of a multipurpose hall, Ruto’s total donation to Central Kenya and Nakuru counties amounts to Sh29 million, or roughly half of his total contributions. The Catholic churches on their own have gobbled 23 percent of Ruto’s harambee donations.
At the function, where Cardinal John Njue was present (Embu County is his ancestral home), the presiding Embu prelate, Bishop Paul Kariuki, egged on Ruto, telling him: “This is the time to do what you were told, kutanga tanga (to roam). Do not be afraid because to those who will start visiting us in 2022, we shall ask them where they have been and didn’t loiter earlier. In 2022, I shall write a letter banning politics in the church.”
“Unlike God,” said Ruto, defending his generous hand towards the church, “….none of us is being asked to give more than we can.” In separate church fund-raisers, Ruto has reiterated that he has been giving “cheerfully and proudly”. Outside of the Catholic churches, which cumulatively have received the largest amount from Ruto’s largesse, the single biggest contribution to a church has been to the All Saints Cathedral in Nairobi. He gave the church Sh8 million and pledged to deliver another Sh2 million. Apart from contributing to Catholic and Anglican churches, Ruto has also given Sh3 million to Evergreen Presbyterian Church of East Africa (PCEA) in Nairobi.
“Churches in Kenya have become – for all practical purposes – sanctuaries for politicians to do as they feel,” proffered an evangelical pastor, who spoke on condition of anonymity. “Priests and pastors alike have rendered themselves manipulable to the politicians because of their runaway greed, political partisanship and because of their corrupt, unethical lifestyles.”
Nowhere is this more evident than in the evangelical and Pentecostal churches, added the pastor. The rise of the evangelical/Pentecostal churches in the last 30 years or so in the country has led to a proliferation of churches, many of them independently run by individuals who claim they have a calling to serve God and who in the strictest sense of the word are not trained theologians i.e. they are not schooled at recognised theological institutions or seminaries.
“Many of these pastors are careerists who run the church as personal enterprises and fiefdoms – to be passed onto their wives and children – hence they are driven by a great desire not to serve as shepherds but to use their positions … as platforms for acquiring riches,” said a pastor who ministers with one of the Nairobi Chapel/Mavuno Churches in Nairobi, and who asked that I conceal his/her name for the sake of not offending his/her fellow Christians. “Other than peddling drugs, the surest way of becoming a multimillionaire in Kenya today is starting a church. The majority of such pastors fall under the banner of the evangelical/Pentecostal churches. Is it a wonder that many of them are easily compromised [by politicians], because they have no scruples and all they are interested in is amassing enormous wealth and living large? But above everything else, they have no sound theological grounding and training to anchor their scriptural command and understanding.”
The gospel of prosperity
The rise and proliferation of these evangelical churches that were weaned off mainstream churches, such as the Catholic and Anglican Churches (with their theology of moral righteousness, sin and repentance) came with it a new Gospel teaching: the so-called prosperity gospel.
The institutional churches – the Catholic Church, the Anglican Church, the Presbyterian Church of East Africa (PCEA), the Baptist Church and the African Inland Church (AIC) – all brought to Kenya by white missionaries – proselytised the Gospel of Jesus Christ to the local people by asking them to repent their sins and to accept the Lord if they hoped to inherit the Kingdom of God. This was the Gospel of obeying and trusting God to meet all their needs. However, the white missionaries did not preach to the local people that their faith would lead them to greater wealth.
The prosperity theology of the modern Pentecostal movement has its roots in the Bible Belt of the United States. This theology frames earthly material gain as a sign of divine blessing and unrelenting faith in Jesus Christ.
The prosperity gospel, also known as the health and wealth gospel or the Word of Faith movement, is a skewed interpretation of the Synoptic Gospel that claims that God rewards those Christians that continually increase their faith in him. Anchored in the belief that one’s (proper) faith must lead to great health and wealth, prosperity gospel proponents present the gospel as the panacea for a Christian’s earthly material needs, which include plenty of cash in the bank, multiple houses, several motor vehicles, acquisition of land and generally posh living.
The prosperity theology of the modern Pentecostal movement has its roots in the Bible Belt of the United States. This theology frames earthly material gain as a sign of divine blessing and unrelenting faith in Jesus Christ.
Paul Gifford, religious emeritus professor at the School of African and Oriental Studies, in his book, African Christianity: It’s Public Role, published in 1998, points out that, “African Christians believe that success is determined by your faith.” He says that prosperity gospel preachers have moved beyond traditional Pentecostal practices of speaking in tongues, prophesying and healing to the belief that God will provide money, cars, houses and even spouses – in response to believers’ faith.
According to Gifford, the prosperity gospel arrived in Kenya in the mid-1980s. After the failure of the Structural Adjustment Programme (SAP) imposed by the Bretton Woods institutions (the International Monetary Fund and the World Bank), Kenyans lost confidence in the stringent austerity policies executed through the government by these two Washington-based bodies. The social recovery safety nets and the government’s purported ability to bail them out failed. A notoriously religious society, Kenyans turned to the new revivalist churches that were now fervently preaching the prosperity gospel.
There was another reason why Kenyan turned to these churches: The tightening of political freedoms of speech and movement under the stranglehold of the one-party dictatorship of KANU and President Daniel arap Moi led to the emasculation of people’s rights, and with this came the rule of fear and despondency.
The Bible-toting Moi is a fervent born-again Christian and a member of the African Inland Church and of the evangelical/revivalist persuasion that had swept the East African region from Uganda at the beginning of the 20th century. The Dictionary of African Christian Biography describes the Tukutendereza Yesu (We Praise You Jesus) as the revivalist movement within the Anglican Church of Uganda that began in the Kingdom of Buganda, hence Balokole (Luganda for the saved people). Today, the term Balokole has been embraced beyond Buganda as a movement of saved or born-again Christians across the East African region. Likewise, the Luganda hymnal song, Tukutendereza, has become the theme song of revivalist Christians throughout East Africa.
Moi reached the pinnacle of his dictatorship in the late 1980s, just when the revivalist churches were entrenching themselves in the country. To further keep the people in check and continue running a tight ship as he maintained an iron grip on the state, Moi would invite international prosperity gospel evangelical preachers to Kenya to hold massive crusades.
Two of the better known preacher men who visited Kenya in the late 1980s and early 1990s were Morris Cerullo from America’s southern Bible Belt and the German Reinhard Bonke. Both were friends of Moi and their first port of call was the State House. The undertone of their preaching then was that Moi was a God-fearing, divinely-ordained leader like the kings of the biblical yore and it was only through unwavering faith in the Almighty that the people would count and reap their blessings in abundance.
Moi reached the pinnacle of his dictatorship in the late 1980s, just when the revivalist churches were entrenching themselves in the country. To further keep the people in check and continue running a tight ship as he maintained an iron grip on the state, Moi would invite international prosperity gospel evangelical preachers to Kenya to hold massive crusades.
These new churches preached the gospel of materialism and miracles. Burdened by economic woes and spiritual poverty occasioned by the devastating austerity measures of the SAPs, Kenyan Christians turned to these apostles and prophets in the hope that they would alleviate their suffering and offer them earthly happiness. As fate would have it, prosperity gospel thrives in Kenya because it resonates well in societies that are economically afflicted and are hostage to spiritual powers, believing these powers control the fortunes of all.
The churches’ leaders had appealing fancy titles to announce their arrival: apostle, prophet, visionary. They offered utopian hopes to disillusioned and dispossessed poor people through miracles and promises of prosperity. Gifford, in his essay, “Expecting Miracles: The Prosperity Gospel in Africa” (www.christiancentury.org published in 2007), observed that the churches equally had fanciful names, such as Jesus Breakthrough Assembly, Triumphant Christian Centre and Victory Bible Church.
According to theologians and experts in the scriptures, there is probably no religious phenomenon today that has attracted as much controversy and varied interpretations as the prosperity gospel among Christian believers. Efe Ehiogae and Joseph Olanrewaju, in their essay, “A Theological Evaluation of the Utopian Image of Prosperity Gospel and the African Dilemma” (https//pdfssemanticscholar.org), argue that the African continent, alongside Latin America, is considered to be the richest hunting ground for evangelical Pentecostalism, one of the fastest growing religious movements globally. There are some religious leaders who today argue that the ancient practice of selling the blessings of the church has been subsumed by the prosperity gospel.
For many Christians, theology is a vague and an oblique academic notion. It is true many people consider theology to be the science of religion, and rightly so, but oftentimes they associate it with the quaint branches of academic disciplines, like numerology, that few people today take seriously.
One enduring fact is that Africans as a whole have continued to suffer defective Christian theologies. One such theology – the remnants of which persist to date – is white theology, a carry-over of the white missionaries’ gospel teaching of doom and gloom, of trust and obey (for there is no other way to be happy in Jesus, but to trust and obey). That white theology, instead of contextualising the people’s developmental needs vis-à-vis their spiritual growth, has continued to create frightening doomsday scenarios of sinners eternally roasting in balls of hell-fire and brimstone.
White theology should be understood in context and especially in relation to its nemesis – black theology. In the United States, white theology was associated with racism, slavery and the oppression of African-Americans, but above all with white supremacy. This was also the case in Latin America and Africa where the gospel was proselytised by white missionaries who brought their white culture and biases with them. In South Africa, white theology was propagated by the Dutch Reformed Church (DRC) to sanctify the segregationist rule of Apartheid.
Dr. James H .Cones, who died in April this year, and who was considered to be the father of the black liberation theology movement in the United States, invited Americans to understand the corrosive effects of white theology: “Christianity was seen as the white man’s religion…the Christian Gospel is not the white man’s religion. It is the religion of liberation, a religion that says God created all people to be free. But I realized that for black people to be free, they must first love their blackness,” he said. He defined black liberation theology as the interpretation of the Christian Gospel from the experiences, perspectives and lives of people who are at the bottom in society – the lowest economic and racial groups.
In the United States, white theology was associated with racism, slavery and the oppression of African-Americans, but above all with white supremacy. This was also the case in Latin America and Africa where the gospel was proselytised by white missionaries who brought with them their white culture and biases.
Emeritus Anglican Archbishop of Cape Town and the Nobel Laureate Desmond Tutu is today remembered for his fearless fight against the Apartheid system in South Africa, for which he was awarded the Nobel Peace Prize in 1984. What many people, particularly Christians, may not know is that for him to confront the all-powerful Apartheid state machinery that was spiritually sanitised by the Dutch Reformed Church, he had to confront the theology propagated by this church, which claimed that the principle of separate and unequal co-existence (segregation) of black and white South Africans was biblically ordained. Just as the African-American Christian leaders during the civil rights movements in the 1960s came up with black theology to fight the monster of racial discrimination, so did Tutu, who also came up with a black theology in South Africa to liberate his people.
In Latin America in the 1960s and 1970s, where a great majority of the world’s Catholics lived, a different type of theology was taking shape: liberation theology. It was propagated by the likes of Archbishop Helda Camara and Leonardo Boff (then a Franciscan priest), both from Brazil, the Peruvian Dominican friar, Gustavo Gutierrez, and the Spain-born Jesuit priest, Jon Sobrino, who migrated to El Salvador where for many years he performed his major ecclesiastical work.
Liberation theology in Latin America was the fusion of Marxist teachings – class differentiation and means of production – and Catholic teachings, especially of the small Christian communities tradition (in Kenya known as jumuiya ndogo ndogo). It was Sobrino who in the late 1960s said that Latin America had reached a “theological boiling point”. In short, what Sobrino was advocating was a new theology to tackle debilitating poverty under military dictators who oppressed and killed their people. In his view, as indeed in the views of his contemporary like-minded Catholic priests, the theology of sin and repentance was not working.
Fr. Gutierrez, now 90-years-old, who is considered the father of liberation theology, argued in his book, A Theology of Liberation: History, Politics and Salvation, published in 1971, that there are two schools of thought on poverty and both are derived from the synoptic Gospels: The first talks of Christ’s sensitivity towards the poor and their sufferings. The second, that Christ himself “had lived a life of poverty, and so, Christians from their origin understood that in order to be his disciples, they also had to live a life of poverty.” Both of these schools of thought are true, pointed out Gutierrez, “but we interpret these two points of view on the bases of our historical context and of our lives.”
“The first perspective is found in Luke’s version of the beatitude of the poor (Blessed are you, for the kingdom of God is yours). The second is reflected in Matthews (Blessed are the poor in spirit, for theirs is the kingdom of heaven),” he wrote. “I think both lines of thought – poverty as scandal and poverty of spirit can be useful, although their meaning must be actualized in our historical context.” The Catholic priest argued in the book that poverty is not a result of fate or laziness but a result of “structural injustices that privilege some, while marginalizing others.” When Jesus said, “blessed are the poor,” emphasised Gutierrez, he did not mean, “blessed is poverty.”
The church and politics in Kenya
In Kenya, our Christian clergy may not have evolved any particular theology but the country nonetheless produced, in its heyday, fearless church ministers who were not afraid to speak the biblical truth as they understood it, to both the powers that be and to their flock. Such clergymen included the controversial Anglican bishop Alexander Muge, the fearless Reverand Timothy Njoya of the Presbyterian Church of East Africa (PCEA), Anglican Bishop David Gitari and the mercurial and politically savvy Bishop Henry Okullu. (All are dead except for Njoya. The death of Muge in 1990 in a bizarre road accident is still shrouded in mystery.)
When Jesus said, “blessed are the poor,” emphasised Gutierrez, he did not mean, “blessed is poverty.”
In 1975, as the Anglican Church of Kenya (ACK) bishop of Maseno South, Okullu published his seminal book, Church and Politics in East Africa, which soon become a bestseller and a guide for church leaders, church groups and students studying Christianity in the region. It was under Okullu, who was first elected as the chairman of National Council of Churches of Kenya (NCCK) in 1976 and went onto serve for two terms, that the NCCK, during its annual general meeting in 1977, crafted the all-important statement regarding the central role of the church: “The Church being the conscience of the nation, should teach and safeguard intrinsic values of persons, knowing that all men and women are children of God. The church should endeavour to show, both in action and preaching, that it is not wealth, education or status that matter, but the individual’s intrinsic value.”
Dr. Okullu was a firebrand prelate. In 1998, I had the chance to meet him. Soft-spoken and cheerful, Okullu liked regaling one with stories. I remember him telling me how many Kenyans did not know that before rubbing the Kenyan political establishment the wrong way, he had locked horns with Ugandan President Milton Obote in the late 1960s when he served as the first African editor of the Church of Uganda-owned newspaper New Day. In 1967, Okullu had to come back to Kenya after he penned a scathing editorial on the one-party system, which Obote had introduced through the Common Man’s Charter policy document.
With the demise of these outspoken institutional church leaders, who in their own limited ways sought to speak truth to power, the mainstream churches’ leadership has been clipped and is a pale shadow of its former self. Even the elaborate voice of the Catholic Church, which used to be relayed through powerful pastoral letters, has been dead for a long time.
“The mainstream churches lost the plot in 2005,” said a Catholic priest from Kitale diocese. “That referendum [on the new constitution] split the churches along ethnic fault lines and they have never recovered to date.” The referendum that proposed a new constitution pitted the opposition, led by Raila Odinga, against President Mwai Kibaki. It was the first real test of Kibaki’s grip on state power. When Kibaki lost the referendum, the opposition knew it had rattled his power base.
“The mainstream churches lost the plot in 2005,” said a Catholic priest from Kitale diocese. “That referendum [on the new constitution] split the churches along ethnic fault lines and they have never recovered to date.”
“The church leadership, instead of stepping in and cautioning against the imminent ethnic battle lines that had been drawn out by the mini-election, which, if went unchecked, would definitely escalate into ethnic warfare, also entrenched its ethnic position that had informed how it had voted in the referendum,” said the priest. “Remember these leaders would openly canvass for their political sides to their respective congregations, which fell in place.” The priest said when the presidential election came in 2007, “all it did was accentuate the leaders’ ethnic positions”.
Since 2007, the story of Kenya’s church leaders has been the same: in 2013, they led their congregation to vote along ethnic lines. The same happened in 2017, observed the priest. “What Ruto is now doing is heavily infiltrating the churches’ leadership and exploiting their political differences and personal greed by dishing out lots of money, because everybody understands it’s their time to make hay while the sun shines.” Meanwhile, people facing hard economic times have been crying for help from their shepherds for moral courage and help, as well as guidance, but the clergy, unbothered and unconcerned by the “disconcerting noises” from their flock, continue with their privileged lifestyles.
The priest said the Deputy President has deliberately targeted the Catholic Church in Central Kenya because he reckons that this could possibly be one of the best strategies for penetrating and winning over the difficult Kikuyu constituency. “Even if he doesn’t win all of them, it would still be important if he got a foothold in the region.”
He said that in Kenya today, the church cannot speak in one voice and will not condemn institutionalised state corruption because it is fragmented and its leadership across the board has benefitted from that same corruption’s largesse. “It is not too difficult to see what is happening: The people are crying, the people are hurting, the people have been rendered poor and the Levite priest is on his way to Jerusalem.”
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Wakasighau: The Forgotten Victims of British Colonial Land Dispossession
The effects of the British colonial policy of subjugation through dispossession and exile continue to reverberate among the Wakasighau.
Two years have gone by since I last saw Mzee Joshua Mwakesi Mwalilika. He hasn’t changed a bit. His birth certificate says he was born in 1923. This means that Mzee Mwalilika is just two years shy of a hundred. He says that the birth certificate is wrong, that he was actually born in 1921. Mzee Mwalilika is from Taita, of the Wakasighau, a people who were uprooted from their native Kasighau region and exiled by the British to Malindi where they languished for over twenty years.
It all started in August 1915, at a time when Kenya was under British colonial rule and neighbouring Tanzania, then Tanganyika, was under the Germans. World War I had begun and, being so close to the border with Tanganyika, Kasighau was bound to suffer the effects of the war. When the Germans attacked the British, the British took revenge on the local African populations.
“All the houses were torched in the entire Kasighau on August 11th 1915. From Kigongwe, Makwasinyi, Jora, Kiteghe, Bungule, and Rukanga,” recalls Mzee Mwalilika. It was the handiwork of the British; they were on a punitive expedition against the Wakasighau whom the British suspected of having betrayed them to the Germans. A few days prior, the Germans had carried out a night raid on the British garrison at Kasighau, committing a massacre. This was eight years before Mzee Mwalilika was born.
One version of the events is that after the attack, the Germans wrote a letter to the British claiming that the locals had voluntarily betrayed them, which prompted the British to retaliate. At Rukanga Village in Kasighau, retired teacher Jonathan Mshiri, now aged 71, says that local accounts of the events tell of two individuals from the area who unknowingly directed some Germans who were on a spying mission to where the British had set up camp.
“Two people were harvesting honey in the bush and the soldiers came and interrogated them and said, ‘Can you show us where the wazungu are?’” says Mwalimu Mshiri. “They used the term wazungu not British, so Kinona and Mwashutu thought that these white people were just friends of fellow white people. They did not know that these were Germans.” The Germans laid waste to the British garrison at Jora in Kasighau and 38 British soldiers, including their captain, were taken captive by the Germans. This enraged the British so much that they decided to exile the entire Kasighau community.
For the Kasighau people, the British chose Malindi. After torching all the houses in the five villages, they rounded up all the people and gathered them at a place that was central to all the villages. “The British chose these open grounds because it gave them a view of Tanganyika where the Germans had come from,” explains Ezra Mdamu, a descendant of the survivors. “They also hoped that some of the villagers would have a better chance of pointing out exactly where the Germans had headed to. The people were also subjected to torture to extract information from them.”
The Wakasighau were then forced to march to Maungu Township, some 35 kilometres by today’s roads. From Maungu to the border at Holili is 144 kilometres using today’s road network, if indeed the German attackers had come through Holili.
The captives were herded into train wagons and taken to Malindi where the British had prepared the ground by forewarning the Giriama that the Wakasighau were cannibals.
At Maungu, the captives were herded into train wagons and taken to Malindi where the British had prepared the ground by forewarning the Giriama that the Wakasighau were cannibals. “What the new hosts did was put poison in the water holes, and this led to many deaths amongst our people,” Mwalimu Mshiri explains.
Macharia Munene, professor of History and International Affairs at the United States International University, says that using exile as punishment summarizes the colonial policy of subjugation and dispossession of local peoples.
“Most of these people who were deported were individuals, people trying to challenge colonial authority,” he says, “but colonialists also deported groups of people, often to hostile, undesirable places.”
Return to Kasighau
The plight of the Kasighau in their new land did not go unnoticed, and various parties, including church organizations, brought pressure to bear on the colonialists to review their position. But it was not until 1936 that the Kasighau people were allowed to return home, only to find most of their land gone.
“All the land around Kasighau Hill was termed as hunting blocks where the British people could hunt. The block here was called ‘66A’, the Kasighau people were only confined to a 10km² block around the hill called ‘Trust Land’. The rest of the land was called ‘Crown Land,’” says Mwalimu Mshiri.
It was not until 1936 that the Kasighau people were allowed to return home, only to find most of their land gone.
After independence in 1963, Crown Land became State Land and some of the remaining land was handed over to ex-WWII British colonial soldiers. The people of Kasighau were not represented at the time and the remaining land was subdivided into ranches that today surround the 10km² settlement area. It is within some of these ranches that mineral deposits and precious stones are found, and there are frequent tussles between the youth, miners and investors.
According to a report titled The Taita Taveta County Integrated Development Plan 2013-2017, only 35 per cent of all landowners possess title deeds. The report says that land adjudication was ongoing to ensure that all landowners possess title deeds. The 2019 census puts the population of Taita Taveta at 340,671. Kasighau Ward alone is home to 13,000 people. The majority say they do not have title deeds.
No land, more problems
In February 2019, a group of young men from Kasighau descended on a disputed mine inside Kasighau Ranch. Around the mining area are mounds of earth and makeshift tents. People selling foodstuffs have followed in the wake of the miners. Those mining say they are simply going for what they believe belongs to them. They do not have the heavy equipment needed for serious mining operations such as earthmovers or elaborate underground mining shafts. They are artisanal miners who rely on simple tools such as hoes, spades and mattocks.
“When we young people saw that we did not have leaders serious on championing our rights, we decided to have our own revolution,” says Elijah Mademu, a youth leader. “We decided to redeem our lost lands, lands rich in mineral resources. There are about 500 young men and women eking out a living from these minerals.”
According to retired Kasighau Location chief Pascal Kizaka, the occupation of the mine can be attributed to population pressure and young people running out of options. “Every economic activity starts with land. Without land, you are like that person who is given water but cannot drink it,” he says.
Prof. Macharia says land ownership remains a significant cause of conflict across much of Kenya where land issues remain unresolved. “The government, particularly the area MP and area governor, because they have power, they should raise the issue and say, these are our people, so process their [land] titles.”
However, Taita Taveta Lands County Executive Committee member Mwandawiro Mghanga disputes the assertion that the county or the leadership at the local level are fully able to resolve the issue of title deeds, arguing that land and natural resources adjudication have not been fully devolved.
“It is true in this matter there are injustices, but on title deed issues even the entire Taita Taveta County has the same problem. In Kasighau the plan is to let them get the title deeds alongside the rest of the county”, he says.
“Of course there are six ranches, agriculturally-driven ranches (ADR’s) and there’s Kasighau Ranch which is very large. . . . There should not be a drive motivated by the capitalist system to grab ranches. What needs to be done is that everyone who needs a title for land to settle should have access to it.”
“Without land, you are like that person who is given water but cannot drink it.”
Land alone might not be the only thorny issue. Chief Kizaka laments that throughout his time living and working in the area, local Kasighau people have noticeably been lagging behind even in education matters. For instance, a 2013 report on inequalities compared Kasighau Ward to neighbouring Mbololo ward and found that only 8 per cent of Kasighau residents have a secondary education or above. A Kenya National Bureau of Statistics report titled Exploring Kenya’s Inequality: Pulling Apart or Pooling Together? shows Kasighau’s literacy rates to be four times less than Mbololo’s 32 per cent of the population who have gone beyond secondary school education.
“By independence time, we had only three primary schools, in Bungule, Rukanga and Mwakwasinyi. Illiteracy was very high. You can imagine, illiterate parents producing illiterate children,” bemoans Chief Kizaka. “There is no movement. The number of locals in school is very low. Compared to many parts of the country where locals are the majority, here we do not dominate.”
Today, Mwalimu Jonathan Mshiri says the thought of squeezing almost his entire descendants onto 15 acres of land troubles him daily. He knows too well that already the 13,000 Kasighau residents, whose numbers are increasing, are also facing the difficulty of having to make do with 10 square kilometres of land.
“We are the Kasighau people, we belong to this mountain and the surroundings, why are we not being given the priority?” he asks.
It is 6 p.m. and as the sun sets in the west, in the direction of Tanzania, it casts a golden glow on the Kasighau massif, but the dark despair of the Wakasighau remains.
Big Pharma and the Problem of Vaccine Apartheid
In this report on the TWN-Africa and ROAPE webinar on vaccine imperialism held last month, Cassandra Azumah writes that the unfolding vaccine apartheid which has left Africa with the lowest vaccination rates in the world is another depressing example of the profit and greed of Big Pharma facilitated by imperialist power.
The webinar on ‘Vaccine Imperialism: Scientific Knowledge, Capacity and Production in Africa’ which took place on 5 August 5, 2021, was organized by the Review of African Political Economy (ROAPE) in partnership with the Third World Network-Africa (TWN-Africa). It explored the connections and interplay of Africa’s weak public health systems, the profit and greed of Big Pharma enabled by the governments of the industrialized Global North, and the Covid-19 pandemic from a political economy perspective. This report summarizes the main discussions held during the conference, including an overview of each of the main points discussed. The webinar was the first in a three-part series of webinars scheduled by the two organizations under the theme Africa, Climate Change and the Pandemic: interrelated crises and radical alternatives.
The format of the event involved keynote presentations from three speakers, a five-minute activist update on the COVID-19 situation from two African countries, and an interactive discussion with participants. Chaired by Farai Chipato, a Trebek Postdoctoral Fellow at the University of Ottawa and ROAPE editor, the session included presentations from Rob Wallace, an evolutionary epidemiologist and public health geography expert at the Agroecology and Rural Economics Research Corps; Tetteh Hormeku, Head of Programmes at Third World Network-Africa (TWN-Africa) and Marlise Richter, a senior researcher at the Health Justice Initiative in South Africa.
The current state of the pandemic – Rob Wallace
Rob Wallace began the session by providing a global perspective on the current state of the COVID-19 pandemic. He presented data showing that though the total number of vaccinations are increasing, the percentage of people fully vaccinated is concentrated in the West. We are currently experiencing a third wave of the pandemic, which is being driven by the delta variant. Though the cases in Africa are relatively lower than in other parts of the world, it is still a marked increase from the first and second waves which were less severe. This is not the trajectory that was predicted for COVID-19 on the continent in the early days of the pandemic. Marius Gilbert et al had speculated that Africa would be vulnerable to the virus due to a lower public health capacity and underlying co-morbidities that might increase the spread and damage of the virus. However, the incidence of the virus has played out in a different way, Africa’s cases are not as high as that of other continents. The possible reasons that have been given for this are: demographics (a younger population), open housing (which allows greater ventilation), and an ongoing circulation of other types of coronaviruses which have induced a natural, partial immunity in the population.
Wallace also commented on herd immunity, stating that it is not a panacea for defeating the virus. He referenced a paper by Lewis Buss et al on COVID-19 herd immunity in the Brazilian Amazon which found that although 76% of the population had been infected with the virus by October 2020, they had not achieved herd immunity (which is usually estimated at 70-75%), and proliferation of the virus was ongoing. He pointed out that the key lesson from this study is that there is no magical threshold for herd immunity; it may be different for different populations or there may be no threshold at all.
Likewise, he contended that defeating COVID-19 has little to do with vaccination as a silver bullet, but much to do with governance and the wellbeing of the population being at the crux of any public health decisions a government would take. A multi-pronged approach should be taken to defeat the virus, one that includes vaccinations, wearing of masks, social distancing, and testing and tracing. He argued however, that in the neoliberal regimes of the industrialised North, dealing with COVID-19 is organized around profit.
This was not the case in the early days of the outbreak. Initially, the World Health Organisation (WHO) and the National Institutes of Health (NIH) in the US were in favour of having open medicine and making sure any pharmaceutical products produced to fight the virus were free to all. To this end, WHO developed the COVID-19 Technology Access Pool (C-TAP). However, the lobbying of Big Pharma and the likes of Bill Gates worked to centre the COVID-19 response around the model of intellectual property rights. This has had a considerable impact on the evolution of the virus, allowing it enough room to evolve such that pharmaceutical companies can make profits by selling booster shots of the vaccine. According to Wallace, this speaks to the “sociopathic nature” of the neoliberal regimes in the Global North who are willing to put the profits of Big Pharma over the lives of people. He opined that we need to act in solidarity to create a system in which disparities between the Global South and Global North are removed.
Health justice and the pandemic in South Africa – Marlise Richter
Marlise Richter’s presentation shed light on the work of the Treatment Action Campaign (TAC) and the lessons that can be learnt from their struggles for access to medicines (in particular ARVs). She pointed out that the TRIPS agreement (Trade-Related Aspects of Intellectual Property Rights – TRIPS – is a legal agreement between member states of the World Trade Organisation) had a big impact on how the HIV/AIDS epidemic was addressed, resulting in a limited number of ARVs reaching the Global South.
The HIV epidemic was particularly acute in South Africa, the number of people living with the virus ballooned from 160,000 in 1992 to over 4.2 million people by 2000. At this time, ARV’s had been developed but were unaffordable in Africa, costing up to US$10,000 a year in 1998.
The TAC used multiple strategies such as skilled legal advocacy, high quality research, social mobilization, demonstrations, and public education to fight the pharmaceutical industry and their abuse of intellectual property rights protections. It joined the case brought by the Pharmaceutical Manufacturers Association (PMA) against the South African government for allowing parallel importation of drugs in order to bring down prices of medicines. Its intervention contributed to pressuring the PMA to withdraw its claims in 2001. In addition, it applied pressure at the 13th International AIDS Conference in Durban in 2000 by staging a march to highlight the danger of President Mbeki’s AIDS denialism and demanded access to ARVs in Africa.
From 1999 onwards, the TAC also campaigned for a national prevention of mother-to-child transmission of HIV. This case was won at the high court and precipitated a national ARV roll-out plan in April 2004. Finally, in 2002, TAC and the AIDS Law Project filed a complaint with the Competition Commission against GlaxoSmithKline (GSK) and Boehringer Ingelheim arguing that they violated the competition law by abusing their dominance in the market and charging excessive prices for ARVs. This forced the companies to reach a settlement in 2003 leading to a drastic cut in ARV prices. By employing these tactics, the TAC and other activists were able to transform both the national and global conversation on drug pricing, eventually leading to South Africa having the largest HIV treatment program globally and pharmaceutical companies reducing the prices of ARVs.
Following the success of the campaigns to provide access to ARVs in Africa, activists in the Global South fought for the Doha Declaration. The Doha Declaration waived some of the provisions in TRIPS in order to prevent public health crises and promote access to medicines for all. However, Richter commented that not many of these flexibilities have been used. She posits that this is due to immense political pressure from the West. The US in particular has singled out governments that seek to use the TRIPS flexibilities and placed them on the US Special 301 Watch List.
Returning to the present, Richter presented data that showed that on 3 August, there have been just under 200 million confirmed cases and over 4.2 million deaths of COVID-19. 28.6% of the world’s population has received at least one dose of the vaccine with 14.8% fully vaccinated. But to give a sense of the disparity in vaccine administration across the world, she indicated that 4.21 billion doses have been administered globally with 38.67 million administered daily, but in low-income countries only 1.1% of people have received at least one dose. Narrowing it down to Africa, only 1.58% of the population has been fully vaccinated. This variance in administered vaccines is also present across the continent. In July 2021, Morocco had 28.9% of its population fully vaccinated, Botswana and South Africa had 5.3% and 5% of their populations fully vaccinated, and the Democratic Republic of the Congo had 0%. These incongruities are also evident when we assess the number of vaccines promised against vaccines delivered, with South Africa receiving only 26% of the vaccines promised. Continuing at the current pace, it would take South Africa two years and three months just to vaccinate 67% of its population.
Richter quoted the WHO Director-General saying, “The world is on the brink of a catastrophic moral failure – and the price of this failure will be paid with lives and livelihoods in the world’s poorest countries.” Following from this, she believes that it makes ethical sense and public health sense for vaccines to be distributed equitably amongst the world’s population. In a bid to fight for vaccine equity, South Africa and India co-sponsored the TRIPS waiver in October 2020. If successful, this waiver will bring about flexibilities in the TRIPS agreement which would have an immense impact on the manufactured supplies of vaccines and other medical goods. For the waiver to be passed, a consensus amongst all member states of the WTO needs to be reached. While the waiver is supported by over 100 countries (predominantly in the Global South), it has been blocked most notably by the EU, Australia, Norway and Japan, countries which have enough vaccines to vaccinate their population many times over. Putting this into perspective, in January 2021 the EU had 3.5 vaccines per person and Canada had 9.6 vaccines per person, as compared to 0.2 vaccines per person in the African Union. By blocking this waiver, the industrialised North is further entrenching the extreme inequalities currently faced by the Global South.
Richter concluded her presentation by speaking on a recent development in South Africa, where Pfizer-BioNtech has recently signed a ‘fill and finish’ contract with the Biovac Institute. She claimed that while this is a first step in developing manufacturing capacity, it is not enough to achieve vaccine independence because it does not include the sharing of Pfizer-BioNtech’s technology or know-how. In addition, the ‘fill and finish’ approach does not address issues of security of supply, nor does it allow local manufacturers the freedom to make their own pricing decisions. She believes that if we start from the premise that health is a human right, as the TAC does, we will regard health equity and especially vaccine equity as essential in the struggle against the pandemic.
The political economy of the continuing fight against intellectual property rights negatively affecting public health goods in Africa – Tetteh Hormeku
Tetteh Hormeku’s presentation was centred around the challenges that African countries have confronted in the process of trying to develop their own pharmaceutical capacity. These challenges go beyond the struggles for the TRIPS waiver and include the impact of some of the choices governments have made. He focused on two interrelated points that frame the predicament of African countries in relation to the current vaccine situation:
1) The vaccine process is dominated by pharmaceutical Multinational Corporations (MNCs) based in the advanced industrial countries and supported by their governments. The controversy around the TRIPS waiver is a clear example of the extent to which advanced countries and their MNCs would like to hold on to their place in the international order.
2) On the non-existent domestic pharmaceutical capacity in African countries, Tetteh explained that he uses the phrase “domestic pharmaceutical capacity” because:
- It does not include a subsidiary of an MNC signing a production agreement with a local African company.
- The word ‘domestic’ combines both the local character of production and the fact that it is embedded within the nation, its challenges, people, drives and imperatives.
- It does not refer to nations alone, but also to regional and continental initiatives.
- It captures pharmaceutical capacity beyond the production of vaccines.
Tetteh provided the following case-study to show how these two points are interrelated. 24 February marked the first shipment of COVID-19 vaccines to Ghana, and there was an optimism that it would be the beginning of a steady supply of vaccines to the country – six months later, less than 2% of the population has been vaccinated. Around the time Ghana received this first shipment, it was in talks with the Cuban government for support on the transfer of technology to improve its pharmaceutical capacity.
This date in February also marked the anniversary of the overthrow of Kwame Nkrumah in 1966. Six months before the coup Nkrumah’s government had established a state pharmaceutical enterprise. After the coup, the military government tried to hand it over to Abbott Laboratories, an American pharmaceutical company, under such outrageous terms that the resulting backlash from the populace led to the abandonment of this plan.
The creation of a state-owned pharmaceutical enterprise in Ghana and in other African countries in the post-independence era was a reaction to colonial policies which deliberately curtailed the production of knowledge and science across the continent. The aim of developing a pharmaceutical industry domestically was to intervene on three levels:
- Creating an industry with the technical know-how and the machinery to be able to participate in the production of pharmaceutical products.
- Creating an industry which is linked to the process of developing and building knowledge and being at the frontiers of knowledge. This involved creating linkages with universities and scholars.
- Making use of traditional sources of medical knowledge. The state pharmaceutical enterprise was in operation until the 1980s when due to the Structural Adjustment Programs (SAPs) it was privatized and unable to compete in the free market.
Tetteh pointed out that two lessons can be taken from this anecdote:
- The government strongly intervened to ensure pharmaceutical production was linked to public procurement and public policy. The market for the product was guaranteed (army, public hospitals etc.).
- The government intervened to ensure that certain medical products could not be imported into the country. These interventions were crucial in creating the legal and scientific conditions within which the state-owned enterprise thrived until the SAP period.
A key success of the state pharmaceutical enterprise was that it was able to bargain with Big Pharma on its own terms. At the time, Big Pharma needed to negotiate with the state pharmaceutical enterprise to produce their products locally since they had no access to the Ghanaian market. Although Ghana’s intellectual property rights regime replicated and mimicked some of the standards in the Global North, it was an indication of the amount of space countries in the Global South had to develop their own legislation with respect to intellectual property for public health. However, this option is no longer available to these countries. According to Tetteh, TRIPS inaugurated the monopoly that Big Pharma has over technical know-how for medical products. It has also enabled bio-piracy which allows Big Pharma to appropriate African traditional knowledge and patent it for themselves. In the 1990s, the Organisation of African Unity (OAU) tried to create an African model law to enable a fight against bio-piracy but was unsuccessful.
The creation of a state-owned pharmaceutical enterprise in Ghana and in other African countries in the post-independence era was a reaction to colonial policies, which deliberately curtailed the production of knowledge and science across the continent
Tetteh noted that the current situation highlights the importance of getting the TRIPS waiver, as it is a starting point for building domestic pharmaceutical capacity. The waiver goes beyond just patents and encompasses a host of other intellectual property rights such as copyrights, and industrial design. It covers all the important bases for making medicines in a modern context. Looking back to the Doha Declaration, very few countries were able to make real changes to their laws in order to make use of the flexibilities. This was due in part to the entrenchment of TRIPS in other agreements such as AGOA (the African Growth and Opportunity Act) and the EPAs (Economic Partnership Agreements). However, importantly, there was no real commitment by African leaders to making these changes.
Tetteh argued that African leaders are not making the strategic choices that would eventually lead them to developing independent pharmaceutical industries. Suggesting that South-South cooperation is an avenue to address the current issues the continent faces, he argued that instead of using all their funds to buy vaccines, African countries could have allocated some funds to support phase three of Cuba’s vaccine trials. By doing this, they would have been able to negotiate for a consistent relationship in terms of knowledge exchange and the transfer of technology.
Updates on COVID-19 in Senegal and Kenya
Cheikh Tidiane Dieye provided an update on the COVID-19 situation in Senegal. The country recorded its first case of the virus in March 2020. Since then, the government has put in place measures such as curfews, travel restrictions and the banning of public gatherings to contain the spread of the disease. The Senegalese government did not enforce a lockdown because the country has a large informal sector which would have been negatively impacted by a lockdown.
Senegal is currently experiencing its third wave – driven by the delta variant. The total number of cases has increased significantly over the last year, moving from 9,805 cases and 195 deaths in July 2020 to 63,560 cases with 1,365 deaths as of July 2021. This increase in cases has taken a toll on the country as it does not have the healthcare infrastructure to deal with the virus caseload. The vaccination campaign was launched in February this year, with about 1.2 million doses received, 1.8% of the population fully vaccinated and 3% receiving their first dose.
He stated that Senegal is currently facing two issues:
- Lack of access to the vaccines. This is because the country does not have the means to purchase enough vaccines for its population and is currently relying on donations from COVAX. This has resulted in protracted waiting times for the vaccine. These waiting times can cause complications for vaccine administration, since there are people who have received the first dose but must wait for longer than the recommended time of eight weeks to receive their second dose.
- A significant part of the population is reluctant to receive vaccines and sensitization campaigns are proving ineffective.
He remarked on one key development in Senegal – the creation of a vaccine manufacturing plant funded by the World Bank, the US, and a few European countries. The plant is expected to produce 300 million doses a year, first of COVID-19 vaccines and then other types of vaccines against endemic diseases. This project will be implemented by the Institut Pasteur de Dakar which already produces yellow fever vaccines.
ROAPE’s Njuki Githethwa provided an update on the COVID-19 situation in Kenya. He mentioned that the delta variant has caused a surge in cases and deaths. There have been currently over 200,000 cases since the pandemic began with the total number of deaths at 4,000 at the end of July. He pointed out that this third wave is affecting the lower classes which were spared in the initial stages of the pandemic. Kenya has received 1.8 million doses of the vaccine, with about 1.7% of Kenyans vaccinated. He noted that if vaccinations continue at this pace, it will take over two years for Kenyans to be fully vaccinated.
A key success of the state pharmaceutical enterprise was that it was able to bargain with Big Pharma on its own terms. At the time, Big Pharma needed to negotiate with the state pharmaceutical enterprise to produce their products locally since they had no access to the Ghanaian market
According to Njuki, the disbursement of vaccines from the West is being portrayed as a symbol of charity, solidarity, and sympathy. This portrayal is underlain by the West positioning themselves as saints while vilifying other countries like India and China. He also mentioned that there is a class dynamic at play in Kenya regarding the distribution of vaccines. People in affluent areas have ease of access whereas the less privileged wait in long queues to get vaccinated. As a result, most of the population, including frontline workers, are yet to be vaccinated. Schools in the country reopened at the end of July, and only about 60% of teachers have been vaccinated. Njuki touched on the fact that there is an optimism that more vaccines are coming, however the government is not doing enough to sensitise the population. There is still a lot of misinformation and superstition surrounding the vaccines.
Moving beyond the state?
The discussion was further enriched by contributions from the participants. Gyekye Tanoh, for example, noted that in the past the presence of state pharmaceutical enterprises around the continent constituted an active and embodied interest. This influenced the way transnational pharmaceutical companies were able to negotiate, severely limiting their power. However, such a thing is not present today on the continent. In fact, a study from the McKinsey Institute pointed to the fact that the pharmaceutical industry has the highest markups in Africa, meaning that while the continent is not the biggest market, it is the most profitable region in the world. Currently, the interests of Big Pharma dominate, he asked, how do we begin to shift this? Is it time to look beyond the state as a leading agent for change? What can progressives do in this situation?
Senegal is currently experiencing its third wave – driven by the delta variant. The total number of cases has increased significantly over the last year, moving from 9,805 cases and 195 deaths in July 2020 to 63,560 cases with 1,365 deaths as of July 2021
In response to Gyekye’s question, Tetteh argued that he does not believe that it is time to look beyond the government. In the case of the pharmaceutical industry, the market is created by production and government procurement of pharmaceutical products. Real change cannot be realised without the involvement of the government and well thought out policies. But there is still a role for progressives. Activists need to mobilise and organize around broad paradigmatic changes and clear concrete policy choices that can be implemented in the immediate, medium, and long term.
Wallace added that the objectives of activists in the Global North should be to support the efforts of those in the Global South. This is especially important because COVID-19 is not the only virus that can cause real damage. We need to make structural changes that ensure the Global South is not at the mercy of the Global North whose economic model has contributed to the current situation.
Farai Chipato ended the session by thanking the speakers and participants for their contributions to the fruitful and important discussion. Chipato urged participants to join ROAPE and TWN-Africa for their two upcoming webinars: ‘Popular public health in Africa: lessons from history and Cuba’ and ‘Alternative strategies and politics for the Global South: climate-change and industrialisation.’
This article was originally published in the Review of African Political Economy (ROAPE) Journal.
Omissions of Inquiry: Kenya and the Limitations of Truth Commissions
Gabrielle Lynch provides a radical analysis of the mechanisms of transitional justice. Looking at the case of Kenya, Lynch argues that truth commissions which hope to achieve truth, justice and reconciliation also require ongoing political struggles, and substantive socio-economic and political change. While reconciliation and justice may be goals which truth commission can recommend, and sometimes contribute to, they cannot be expected to achieve them.
In today’s world, it is almost expected that a truth commission will be introduced in the wake of conflict or a period of authoritarianism to try and consolidate a transition to democracy and peace. A truth commission generally understood – as per Priscilla Hayner – as a temporary state-sanctioned body that investigates a pattern of past abuse, engages ‘directly and broadly with the affected population, gathering information on their experiences’ and which aims to conclude with a public report.
The underlying idea is that societies need to confront and deal with unjust histories if they are to establish a qualitative break with that past. Proponents of modern truth commissions thus ‘look backwards’, not as interested historians, but as a way to ‘reach forwards.’ As Archbishop Desmond Tutu explained in his foreword to the South African Truth and Reconciliation Commission (TRC) report:
The other reason amnesia simply will not do is that the past refuses to lie down quietly. It has an uncanny habit of returning to haunt one … However painful the experience, the wounds of the past must not be allowed to fester. They must be opened. They must be cleansed. And balm must be poured on them, so they can heal. This is not to be obsessed with the past. It is to take care that the past is properly dealt with for the sake of the future.
Motivated by this desire to render the past ‘passed’ in the substantial sense of being ‘dead’ or ‘over and done with’, modern truth commissions dedicate most of their time to two activities: the holding of public hearings and production of a final report.
This is a relatively recent development. Early truth commissions did not hold public hearings and were largely fact-finding bodies. However, ever since the South African TRC of the 1990s, truth commissions have held hearings as a stage for various actors – victims, perpetrators, political parties, state institutions and so forth – to present their account of past wrongs. The underlying idea is that people will have a chance to speak and be heard, and thus regain their humanity; that a wider (and engaged) audience will bear witness to a new human rights-conscious regime; and the overview provided will feed into, and help legitimise, a final report. The latter in turn intended to record and acknowledge past wrongs and provide recommendations that can help to promote truth, justice and reconciliation.
However, while much hope is often placed, and much time and money expended, on truth commissions and their hearings and final reports, it is evident that these processes generally fall far short of ambitious goals and high expectations. But what explains this gap between aspiration and reality?
This is one of the questions that I address in a new book – Performances of Injustice: The politics of truth, justice and reconciliation in Kenya – which analyses several transitional justice mechanisms introduced following Kenya’s post-election violence of 2007/8 when over 1,000 people were killed and almost 700,000 were displaced.
This includes the establishment of the Truth, Justice and Reconciliation Commission (TJRC). Significantly, the Commission’s mandate recognised that, while the 2007/8 post-election violence was triggered by a disputed election, it was fuelled by more deep-rooted problems. In turn, the Commission was tasked with investigating a wide array of injustices – from state repression and causes of political violence to perceptions of economic marginalisation and irregular land acquisition – between Kenya’s independence in 1963 and the end of the post-election violence in February 2008.
Established through an Act of Parliament in 2008, and operational from 2009 to 2013, the TJRC sought to meet its mandate, in large part, by collecting statements (with over 40,000 collected in total), holding public and women’s hearings in 35 locations across the country and adversely mentioned person (AMP) hearings in western and Nairobi, and publishing a substantial final report that runs to over 2,000 pages.
Despite such achievements, the Commission was soon mired in controversy with calls for the chairman – who was soon linked to three injustices that the Commission was meant to investigate – to resign, while the public hearings attracted little media attention, and the final report is yet to be discussed in parliament let alone implemented.
The Kenyan experience highlights a range of lessons and insights. This includes the fact – as recently outlined in a piece for The Conversation – that transitional justice mechanisms are not ‘tools’ that can be introduced in different contexts with the same effect. Instead, their success (or failure) rests on their design, approach and personnel – all of which are incredibly difficult to get right – but also on their evaluation and reception, and thus on their broader contexts, which commissions have little or no control over.
However, the lessons that can be drawn go beyond reception and context and extend to the inherent shortcomings of such an approach.
First, while victims appreciate a chance to speak and be heard, the majority clearly submitted statements or memoranda or provided testimony in the hope that they would be heard and that some action would be taken to redress the injustices described. As one woman explained after a women’s hearing in Nakuru, she was glad that she had spoken and how, having told her story, the Commission would ‘come in and help.’
To be fair, the TJRC’s founders were aware of the inadequacies of speaking, which is why they included ‘justice’ in the title and gave the Commission powers to recommend further investigations, prosecutions, lustration (or a ban from holding public office), reparations and institutional and constitutional reforms.
However, on the question of whether recommendations would be implemented, the Commission rather naively relied on the TJRC Act (2008), which stipulated that ‘recommendations shall be implemented.’ However, such legal provisions proved insufficient. Amidst general scepticism about the Commission’s work, parliament amended the TJRC Act in December 2013 to ensure that the report needed to be considered by the National Assembly – something that is yet to happen.
Moreover, to document and acknowledge the truth requires that one hears from both victims and perpetrators. However, the latter often have little motivation, and much to lose, from telling the truth. This was evident in Kenya where, during the AMP hearings I attended, where I heard little that was new and not a single admission of personal responsibility or guilt. Instead, testimonies were characterised by five discursive strands of responsibility denied: denial through a transfer of responsibility, denial through a questioning of sources, denial through amnesia, denial through a reinterpretation of events and an assertion of victimhood, and denial that events constituted a wrongdoing. However, while AMPs denied responsibility, none denied that injustices had occurred. As a result, while the hearings provided little clarity on how and why a series of reported events may have occurred, they simultaneously drew attention to, and recognised, past injustice. In this way, they provided a public enactment of impunity: Kenya’s history was replete with injustice, but AMPs were unwilling to shoulder any responsibility for it.
This ongoing culture of impunity points to another issue, which is that – for most victims – injustices clearly do not belong to the past but to the present and future. The loss of a person or income, for example, often constitutes a course that now seems beyond reach – from the hardship that accompanies the loss of a wage earner to the diminished opportunities that stem from a child’s extended absence from school. However, the past also persists in other ways, from the injustices that never ended, such as gross inequalities or corruption, to fears of repetition and experiences of new injustice.
Unfortunately, the idea that one can ‘look backwards to reach forwards’ downplays the complex ways in which the past actually persists, and possible futures infringe on the present. This is problematic since it can encourage a situation where small changes dampen demands for more substantive reform. At the same time, it can facilitate a politicised assertion of closure that excludes those who do not buy into the absence of the past, the newness of the present, or the desirability of imagined futures and provides a resource to those who seek to present such ‘difficult people’ as untrusting, unreasonable and unpatriotic.
This is not to say that truth commissions are useless and should never be considered. On the contrary, many view speaking as better than silence, while the commission’s report provides a historical overview of injustice in Kenya and a range of recommendations that activists and politicians are using to lobby for justice and reform.
However, when introduced, truth commissions should be more aware of the importance of persuasive performances and how their initial reception and longer-term impact is shaped by broader socio-economic, political and historic contexts. Truth commissions also need to adopt a more complex understanding of the ways in which the past persists, and possible futures infringe on the present and avoid easy assertions of closure.
Ultimately, such ambitious goals as truth, justice and reconciliation require not Freudian ‘talk therapy’, although catharsis and psycho-social support are often appreciated, but an ongoing political struggle, and substantive socio-economic and political change, which something like a truth commission can recommend, and sometimes contribute to, but cannot be expected to achieve.
This article was first published in the Review of African political Economy (ROAPE).
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