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SEE NO EVIL: Uganda’s ‘development partners’ look the other way in the face of brutal repression

Despite the reality of worsening oppression and impoverishment, Uganda’s donors continue to project an image of ethical support for President Yoweri Museveni’s government. By MARY SERUMAGA

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SEE NO EVIL: Uganda’s ‘development partners’ look the other way in the face of brutal repression

A British MP once referred to Kabaka Mwanga as a “blood-stained ruffian”. (Hansard, Uganda, 20 March 1893). This view was echoed in the New York Times. It is interesting to contrast the perception and treatment of Mwanga, who resisted the colonisation of his nation, with the international tolerance of Yoweri Museveni, the President of Uganda, Brigadier Don Nabasa, head of the Special Forces Command (SFC), and Major General David Muhoozi, the Chief of Defence Forces responsible for so much of the terror and bloodshed witnessed in Uganda today.

Tear gas season in Uganda is a good time to observe the behaviour of her “development partners” (DPs), formerly known as donors, particularly the United Kingdom, the European Union, the United States and China. As is often the case, the 2018 tear gas season kicked off with elections. In the past, electoral violence by the State has included arrests of opposition politicians and their supporters, demonstrations rapidly followed by heavy military presence in the streets and the inevitable flogging and shooting of Ugandan citizens. The elections of 2001, 2006, 2011 and 2016 have all followed a similar pattern as have by-elections in between. It has been a way of life since, under pressure from the DPs, the National Resistance Movement (NRM) allowed the first multiparty elections in 2006.

Elections are part of the window-dressing that legitimates foreign support for despotic kleptocrats. As part of a wider legitimation programme, which includes pushing for a Freedom of Information Act and an Inspector General of Government (the Ombudsman), elections provide the appearance of a sovereign State as advanced in the ways of human rights as is to be expected after “years of civil strife” and “ravaged by AIDS”. Elections, therefore, are crucial to the status of the foreign debt. If loans can be found to have been used to oppress Ugandans, they can be legally repudiated under the doctrine of odious debt. The doctrine has been applied successfully in debt repudiation.

“The State is not liable for ‘odious’ debts incurred and utilised, with the knowledge of the creditors, for ends which are contrary to the nation’s interests, should that State succeed in ridding itself of the government that had incurred them. […] The creditors have committed a hostile act with regard to the people; they cannot therefore expect a nation freed from a despotic power to take on the ‘odious’ debts, which are personal debts of that power.” (Nahum Sack)[i].

The UK’s international development agency, DfID, which is Uganda’s largest donor, invested £8,000,000 over four years (2012-2016) in the Democratic Governance Facility (DGF). Current donors to the DGF are; Austria, Denmark, Ireland, Netherlands, Norway Sweden, and the European Union who invest a combined €85 million for January 2018 – December 2022 aiming, in their words “to address the continuing democratic deficits, and consolidate peace and stability in the country.

Elections are part of the window-dressing that legitimates foreign support for despotic kleptocrats. As part of a wider legitimation programme, which includes pushing for a Freedom of Information Act and an Inspector General of Government (the Ombudsman), elections provide the appearance of a sovereign State as advanced in the ways of human rights as is to be expected after “years of civil strife” and “ravaged by AIDS”.

Diplomacy at its best, state terror described as ‘a democratic deficit.’

Deepening Democracy Programme Phase II to achieve the following:

  • Political responsiveness and accountability by creating conditions for elected leaders to be more responsive to citizens’ needs and concerns and increasingly more accountable for their performance in office.
  • Democratic culture, space and values which will focus on developing a pluralistic political system.
  • Integrity of democratic processes aims to improve the integrity and credibility of key democratic processes and institutions, particularly elections.”

The United States Agency for International Development (USAID says the following on its website:

“USAID assists the Government of Uganda to build and sustain a democratic, well-governed state [….] USAID aims to strengthen democracy and governance systems and help make them more accountable. USAID’s program also assists in making the voices of marginalized people heard—particularly women and youth—and shapes the role of civil society in governance.”

British, European and American taxpayers will agree that the Arua atrocities of 2018 mean none of the above were achieved nor can they be under Museveni, the NRM and the SFC.

In other words, if anyone were to ask how has Uganda’s government and military have been able to maintain a regime of terror; how it can afford the instruments of oppression and why any foreign government would associate with the state brutality witnessed in Uganda in August 2018, DPs would only need to point to regular elections, the Deepening Democracy programme and other such initiatives and the good development assistance is doing.

When looking at overseas development assistance, or grants, only one fact and three figures need to be remembered: each year $41 billion are extracted from Africa (Mark Curtis, Tim Jones, Honest Accounts 2017 – How the world profits from Africa’s wealth 6 June 2017). $162 billion flow into Africa from overseas and each year $203 billion flow out. Loans (many unsustainable ab initio), illicit transfers, tax waivers, illegal and environmentally damaging activity and other economic benefits obtained from corrupt leaders ensure a permanent deficit.

Scandals involving the theft of public funds from Ugandan, British, American and European taxpayers have been dealt with by brief suspensions of aid. When most recently the American Department of Justice revealed that a Chinese government official had bribed the president and the foreign minister Sam Kutesa (a Museveni brother–in–law) in return for oil concessions, land, tax waivers and other illicit favours, there were no consequences for the pair.

President Museveni, who together with his family was promised joint business ventures with Patrick Ho, and Sam Kutesa remain at large. More than that, after the news broke, the American ambassador to Uganda, Debra Malac, paid a visit to the Ministry of Foreign Affairs that ended with the obligatory photo opportunity in which she holds hands with Kutesa.

There is a lot going on. American interests are having to be balanced against the bad optics. It is hard to dismiss as coincidence the Department of Justice’s release of the scandalous information in November followed by Museveni’s abrupt about-turn on GMOs the following January. He declined to sign into law the Biosafety Act, which had finally been passed after a six-year battle between environmental activists and the Bill Gates-founded Alliance for Science, a promoter of GMOs in administratively weak developing countries.

In sending the Act back to Parliament for reconsideration, Museveni relied on arguments that had been made over the preceding six years by those urging caution and which he had previously ignored. One interpretation of his behaviour is that as long as his signature is still needed on the Biodiversity Act (and so many other deals Ugandans do not yet know about), he and his associates will be handled with kid gloves. Checkmate.

Similarly, in cases of human rights abuses, theft of public resources and plain incompetence, DPs continue to give the government leeway as they negotiate their own interests. This is why it took a whole four days for them to utter a single word about the electoral violence that began on 13th August 2018. It would explain why their statement, when it came, did not condemn the murder of Yasin Kawuma, the driver to Robert Kyagulanyi (popularly known as Bobi Wine) and others, the disappearance of the MP himself and the arrest of the other MPs supporting the Arua Municipality MP Kassiano Wadri’s campaign.

Similarly, in cases of human rights abuses, theft of public resources and plain incompetence, DPs continue to give the government leeway as they negotiate their own interests. This is why it took a whole four days for DPs to utter a single word about the electoral violence that began on 13th August 2018.

It should be recalled that in late 2017, a British trade delegation led by Lord Popat (a British peer of Ugandan–Asian origin) visited Uganda and left with a contract to construct a controversial airport for £315 million. There were other deals worth billions. In presenting his report to the House of Lords, Lord Popat made a case for reviving the Commonwealth after Brexit:

“I will briefly explain why this debate is so important. Britain has run a balance of payments deficit for decades. Quite simply, we do not export enough to pay for our imports. This is neither desirable nor sustainable, yet it receives very little attention or coverage outside of your Lordships’ House. Last year, Britain voted to leave the European Union [….] Last week, I led a delegation of 16 businesses in the oil and gas sector to Uganda. Two of the British companies, Fluor and CB&I, have been shortlisted to build a major oil pipeline to the value of just over $2 billion. This week, the Ugandan Parliament will approve a loan of £315 million for a British company, Colas Ltd, to build an international airport in Uganda

(27 November 2017 the House of Lords Exports: Africa and the Commonwealth debate Hansard)

Uganda’s economic collapse behind jittery junta

All indications are that Uganda’s economy is in very poor health. The Auditor General and the Governor of the Central Bank have warned that debt payments are becoming unsustainable. Interest payments consumed 23% of the budget in 2017. 2018 began with the closure of secondary schools delivering universal free education. Drug stock-outs in public hospitals that began six months earlier persisted. Then the flagship achievement of the NRM, Universal Primary Education (UPE), was finally unmasked. President Museveni floated the idea of a new tax on social media use. The World Bank made a rare communication to ordinary people when they said that it was healthy for the population to discuss revenue after focusing on (corrupt) expenditure for so long.

The Over the Top tax (OTT as it is now called) was included in the budget, with President Museveni completely misjudging the mood and calling it a tax on gossip. The #ThisTaxMustGo movement began. Leading from the front was Robert Kyagulanyi, a member of parliament and a popular musician, actor and activist with a track record in guiding and supporting the youth. He had also been prominent in trying to prevent Museveni remove presidential age limits, the #Togikwatako campaign. Mass demonstrations followed during one of which the police attempted to arrest him. His escape on the back of a boda-boda, facilitated by his many fans, was captured on video, further boosting his standing among ordinary people.

A further indicator of an economy in distress came on World Youth Day when the president voiced suspicions that universal primary education (UPE) and universal secondary education (USE) were being abused by people “pretending to be poor”. It was his Marie Antoinette moment. He instructed the Youth Council to gather opinions from grassroots leaders about the amounts of money parents would be able to contribute to the cost of educating their children. What he was saying was that the government could no longer fund free education.

Many will remember that teachers, confronted by parents who had been promised free education and school meals, were at a loss as to what to do. Those who charged small fees for porridge were threatened with arrest for “sabotaging my UPE programme”. Parents were instructed to report such teachers to the authorities.

The 2018 by-elections

The difference in August 2018 was the persistence and scope of the defiance against President Museveni’s brutality. The violent arrest and torture of Robert Kyagulanyi and his colleagues and the murder of his driver ensured it transcended national barriers via the Internet. Within four days, a group of Ghanaians and a Ugandan had designed and printed banners and held a peaceful demonstration at Accra’s Black Star Monument. After it began to trend on Twitter, other countries began to organise demonstrations. Kenya held a number, in Nairobi, Mombasa and Busia. The people of Africa spoke while the African Union remained silent. There is a lesson about pan-Africanism there.

The difference in August 2018 was the persistence and scope of the defiance against President Museveni’s brutality. The violent arrest and torture of Robert Kyagulanyi ensured it transcended national barriers via the Internet.

The #FreeBobiWine campaign has entered its third week, spreading across the globe. It will not be lost on the government or on its DPs that the demonstrators in the diaspora are Uganda’s second largest source of hard currency.

A word about the need for three by-elections so soon after the general election in 2016. They were made necessary by electoral fraud and murder. In the first case, the victory of the NRM candidate in Kyaddondo was cancelled by the courts, which cited irregularities by the Electoral Commission. The same happened in Jinja East when the Court of Appeal nullified the victory of the NRM candidate.

The third by-election became necessary when NRM’s Mohammed Abiriga was shot dead on his way home from the State of the Nation Address (SONA) in June. Abiriga, (known by the nickname Yellow Man because of his habit of expressing his support for the NRM by dressing head to toe in the party colour) typified the sometimes farcical blind support given to the ruling party by prominent opposition figures who have been persuaded to “join the Movement” or “return to the Movement”.

The SONA itself was a tissue of lies. President Museveni declared that the NRM had restored peace and security following a spate of serial killings in which 19 women were killed and their bodies desecrated; and kidnappings – the three female victims were found dead despite their families paying ransoms as high as $200,000. Abiriga repeated the claim in a TV interview after the Address. Some hours later, he lay dead inside his blood-drenched yellow Beetle.

After winning the Kyaddondo by-election by 77% of the vote, Kyagulanyi went on to support candidates in the Jinja East, Bugiri and Arua by-elections. The Jinja East by-election was typically Ugandan. According to the independent observer, Citizens Coalition for Electoral Democracy in Uganda (CCEDU), ballot papers pre–ticked in favour of the ruling party candidate were found stored at one polling station. CCEDU’s offices were broken into one night and their computers taken. Five hundred Forum for Democratic Change supporters were jailed before the poll.

Bugiri in July was particularly violent with supporters of the JEEMA candidate, Asuman Basalirwa, being stoned and stabbed and at least two others killed. Basalirwa complained that the police made no attempt to protect his team. During polling, an NRM MP was confronted by voters at one polling station accusing him of interfering with the process (one news report alleged he was offering money to voters in the queue). He drew a firearm to save himself from the crowd.

The true state of the nation has been revealed by the Arua by-election after which all the winners of the previous ones were arrested and taken to Gulu Central Prison to await trial for treason; FDC’s Paul Mwiru (Jinja East) R. Kyagulanyi, K. Wadri (Arua) and Gerald Karuhanga (Ntungamo Municipality). A fifth MP, Francis Zaake is in Lubaga Hospital with spinal injuries after being arrested with the others. (They were finally released on bail this week.)

Ugandans took to the streets in demonstrations that ended in shootings and whippings by the regular and military police, the army and the Special Forces Command, a criminal unit that began life as the Presidential Guard Brigade nearly two decades ago. In a report to the World Bank, Joel Barkan, an American political analyst with an interest in Africa, warned that it was turning in to a praetorian guard loyal only to President Museveni.

“Nevertheless, over the past two years the President has authorized the transformation and enlargement of his personal security unit into the Presidential Guard Brigade, a praetorian guard of an estimated 7,000 men. Its primary purpose is to keep President Museveni and his entourage in power, not national defense.”(Barkan.J. Uganda: An African ‘Success that has Peaked? 2005).

Over ten young people died and over 300 were arrested in Kampala alone. If the uprisings of 2009 are anything to go by, it will take many of them years and plenty of money in bribes to be processed and finally released. Many others across the country are unknown.

Dr Kizza–Besigye, a longtime opponent of what President Museveni stands for and a veteran of over 50 election-related arrests as a candidate in four presidential elections, demanded the immediate release of the abducted saying, “Trumped-up charges are the rule in how NRM [the ruling National Resistance Movement] addresses and criminalises opponents.”

“I have been charged with treason, rape, terrorism, illegal possession of guns…These people have been detained in the context of state-inspired violence. The idea choreographed in the media that people had guns must be dismissed with contempt.”

The United States and European Union missions took a softly-softly approach, with the Europeans expressing “deep concern” over the arrests, the “suffering of Ugandans” and the tarnished image of Uganda. The Americans were even more mealy-mouthed, calling for humane treatment, due process, fair trials and medical attention. They did not explain why persons falsely accused of crimes would require trials at all.

But it is not surprising. When Kizza Besigye was in prison on treason charges, the British High Commissioner visited him and urged him to plead guilty in order to qualify for a presidential pardon. (It was not clear whether the president had assured the high commissioner that he would grant it.) In the past few days, Museveni has said that he would consider pardoning the Arua 33.

The United States and European Union missions took a softly-softly approach, with the Europeans expressing “deep concern” over the arrests, the “suffering of Ugandans” and the tarnished image of Uganda. The Americans were even more mealy-mouthed, calling for humane treatment, due process, fair trials and medical attention. They did not explain why persons falsely accused of crimes would require trials at all.

When Kyagulanyi was produced in court ten days after the 32 other accused, his physical appearance confirmed his wife Barbie and brother’s statements that he had been tortured. The methods included striking him all over with a metal rod. He was also injected multiple times with unknown drugs. He now walks with the aid of crutches.

The charge of illegal possession of firearms was dropped and he now faces the same treason charges as the other accused. They all arise from an incident in which a youth threw a stone at the president’s motorcade, smashing a rear window.

Continuing repression

Reports of the arbitrary arrests of Bobi Wine’s bodyguard, E. Ssebuufu, and two associates. But there is no sign that the people have given up. As Bobi Wine sings “Freedom comes to those who fight.”

Meanwhile, from behind the high walls of their Kampala fortresses, the DPs continue to try and project an image of ethical support for the Museveni and the NRM. There is no such thing.

#FreeArua33 #FreeUganda #FreeBobiWine #Justice4Yasin
The Arua 33 were released on bond on 27 August 2018 and next appear in court on 30th August 2018.

[i] Les effets des transformations des États sur leurs dettes publiques et autres obligations financières : traité juridique et financier, Recueil Sirey, Paris, 1927. Pp157-8.

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Mary Serumaga is a Ugandan essayist, graduated in Law from King's College, London, and attained an Msc in Intelligent Management Systems from the Southbank. Her work in civil service reform in East Africa lead to an interest in the nature of public service in Africa and the political influences under which it is delivered.

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THE WALKING POOR: Nairobi Privileges the Motor Vehicle, Not the People

Fifty-five years after independence, Nairobi’s urban planning still privileges the high-heeled motorists over the walking poor. This, as PATRICK GATHARA explains, is rooted in colonial policy.

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To make our roads safer, we need to make them feel less safe

The return of the “Michuki Rules” (the stringent rules established by John Michuki, the former Transport Minister in Mwai Kibaki’s government) that targeted public transport operators has precipitated days of traffic chaos as matatus, the backbone of what passes for the city’s public transport system, declared a strike in protest. Newspaper headlines bemoaned the agony visited on drivers and commuters, with some decrying the traffic gridlock that ensued as private cars flooded the roads. The Daily Nation describing it as a “day of walking”.

It is a telling description and speaks to the low regard with which pedestrians in Nairobi are held. This despite the fact that even when matatus are on the roads, most Nairobians leg it to wherever they are going. According to the World Bank, more than 8 out of every 10 commutes involve walking as the primary or secondary mode of travel. Half of those trips are made completely on foot. The 2010 draft Sessional Paper on Integrated National Transport Policy states that nearly two-thirds of the city’s residents meet their daily travel needs by walking or cycling.

Despite this, the focus on motorised transport is understandable given the truly terrible state of transport infrastructure and traffic congestion. The Traffic Index 2018, a composite index published by the Serbia-based website numbeo.com (which claims to be “the world’s largest database of user contributed data about cities and countries”) rates Nairobi as having the 12th worst traffic in the world, with one-way journeys averaging just under an hour. The World Bank says that Nairobi has “one of the world’s longest average journey-to-work times” with commuting speeds of just 14 kilometers per hour.

Since 2013, city authorities have embarked on an ambitious road expansion scheme to tackle the congestion, but it seems that the roads are filling up faster than they can build them. Dorothy McCormick, a researcher at the University of Nairobi, told the Guardian in 2016 that Nairobi’s vehicle population had grown 16-fold in under 30 years and the former Nairobi County Governor, Evans Kidero, once observed that at the current rate of registration, Nairobi’s vehicle population was likely to surpass 1.35 million by 2030.

In such circumstances, it is perhaps not surprising that the needs of pedestrians are mostly kicked to the kerb. In fact, as New York-based CityLab notes, “The ongoing battle for the roads of Nairobi is an extension of the city’s broader class segregation: Cars, a transit option for the city’s upper classes, command the road with superiority. Pedestrians, many of whom belong to Nairobi’s lower class of informal laborers, are funneled into dangerous and uncomfortable walking environments”.

Since 2013, city authorities have embarked on an ambitious road expansion scheme to tackle the congestion, but it seems that the roads are filling up faster than they can build them. Dorothy McCormick, a researcher at the University of Nairobi, told the Guardian in 2016 that Nairobi’s vehicle population had grown 16-fold in under 30 years and the former Nairobi County Governor, Evans Kidero, once observed that at the current rate of registration, Nairobi’s vehicle population was likely to surpass 1.35 million by 2030.

Nairobi’s love affair with the automobile and the classist segregation of public spaces it represents has a long history. The article “Politics, policy and paratransit by Jacqueline Klopp of Columbia University and Winnie Mitullah of the University of Nairobi states that “European settlers and officials ‘planned’ the city of Nairobi around personalised transport which facilitated physical segregation in terms of mobility”. By 1928, just over two decades after it became the official capital of Kenya, the city had 5,000 cars “making it the city with the highest per capita private automobile ownership in the world”. Thus traffic was a major concern even then. But it was still a city more concerned with the problems of a wealthy motoring few rather than those of the majority of its citizens. Europeans and Asians drove. Poor Africans have always walked.

Just as there was little planning in place to cater for the residential needs of the African majority (which resulted in the mushrooming of slums across the city) so there was little thought given to how they would move around. “The colonial, segregationist urban economy failed to cater for people who were not formally employed by the colonial government,” Klopp and Mitullah note.

When the Nairobi Town Bus, the precursor to Kenya Bus Services, was inaugurated in the 1930s, it was largely for the benefit of Europeans and Asians, as Isaiah Gibson Aduwo noted in 1990. In the 1940s and 1950s, the Kenya Bus Services “served the Eastern parts of the city [where Africans lived] using vehicles built on lorry chassis” according to the paper “The Metamorphosis of Kenya Bus Services Limited in the Provision of Urban Transport in Nairobi” by Tom Opiyo of the Department of Civil Engineering.

In fact, the growth of the matatu industry, which is the source of so much grief nowadays, is a direct result of Africans entrepreneuring their way around the public transport problems that the city government had failed to resolve given that the bus service remained out of reach for all but a minority of city residents. Still, nearly a century after it received its charter as a city, the only major change in the character of Nairobi has been the replacement of the colour bar with one based on class.

The class “battle for the roads” is over a tiny sliver of Nairobi’s land into which motorists, commuters and pedestrians have been pushed by decades of uncontrolled land-grabbing. A study by the United Nations Human Settlements Programme (UN-Habitat) revealed that in the central part of Nairobi, the space allocated to streets and pavements is only about 12 per cent of the total land area, less than half of the estimated 30 percent required to support a functioning traffic system in a modern capital. The walking poor have to struggle daily for this constricted space on the street with the very perpetrators whose theft of public land has created this situation.

The privileging of the automobile has had a detrimental effect on the community life of the city. “Increased traffic has adverse impacts on public activities which once crowded the streets, such as markets, agoras, parades and processions, games, and community interactions. These have gradually disappeared to be replaced by automobiles,” notes the authors of the book The Geography of Transport Systems. “In many cases, these activities have shifted to shopping malls while in other cases, they have been abandoned altogether.” 

The class “battle for the roads” is over a tiny sliver of Nairobi’s land into which motorists, commuters and pedestrians have been pushed by decades of uncontrolled land-grabbing. A study by the United Nations Human Settlements Programme (UN-Habitat) revealed that in the central part of Nairobi, the space allocated to streets and pavements is only about 12 per cent of the total land area, less than half of the estimated 30 percent required to support a functioning traffic system in a modern capital.

Few stop to ask about who ends up sacrificing the most at the altar of the vehicle and whether it is fair. After all, the vast majority of the walking poor do not hang out at the new swanky malls popping up across the city. Regardless, it is they who end up paying the highest price, both in lives and treasure, for Nairobi’s dysfunctional system, even when they benefit least from it. According to the National Transport Safety Authority, 60 per cent of fatal accidents on the city’s roads involve pedestrians. They also suffer a much higher rate of injury than other road users. Even the introduction of bodaboda (motorcycle taxis), which have brought motorised transport closer to the poor, has been quickly followed by a spike in accidents and deaths involving them.

Further, the street network is ultimately funded by public taxes, and it is the poor who contribute most of that. The rich and the middle classes may have a higher share of income tax but the poor, by sheer force of numbers, more than make up for it in the taxes they pay for accessing goods and services – the government’s largest single source of tax revenue. They basically subsidise car-owning residents’ travel on roads from which they themselves are actively excluded. And this has real implications for their ability to escape poverty as, according to the World Bank, for the average household, only 2 out of every 10 formal jobs are accessible within an hour of either walking or using public transport. In a car, however, that number rises to 9 out of every 10 jobs.

Today, the walking poor are mostly still treated as an after-thought when designing, building and repairing streets. The expansion of roads may be popular but it also generates huge inconveniences and dangers. Pedestrians are forced to either take long detours to find the nearest safe bridge to cross or to risk their lives trying to dash across six or eight lanes of road. The recently expanded Outer Ring Road in the poorer eastern part of the city features almost no facilities, such as bridges or pavements, for pedestrians to safely cross or even walk. However, it is interesting to note that when roads were expanded in the wealthier parts of the city, such as in Kileleshwa, most of whose residents drive to work, sidewalks and bicycle lanes were included.

But that is an exception. Even when it comes to patching up streets, pedestrians are still left with the short end of the stick. It is common to find smooth roads lined with cratered pavements, which are peppered with open manholes or have been turned into parking spaces.

The recently expanded Outer Ring Road in the poorer eastern part of the city features almost no facilities, such as bridges or pavements, for pedestrians to safely cross or even walk. However, it is interesting to note that when roads were expanded in the wealthier parts of the city, such as in Kileleshwa, most of whose residents drive to work, sidewalks and bicycle lanes were included.

As we increase the city acreage devoted to cars, there is little corresponding increase in land devoted to people. Within the city’s Central Business District, only two streets (Mama Ngina Drive and Aga Khan Walk) are devoted to pedestrian and non-motorised traffic. Hawkers are actively barred from accessing the CBD while matatus and buses can occupy streets (and pavements) for hours on end. In many city estates as well, home owners have grabbed sections of kerbs bordering their properties and converted them into parking spaces or flower gardens.

The county government has been making noises about introducing car-free days to encourage people to leave their vehicles at home but that will not happen as long as the city continues to be organised as it is. “[T]he default in Nairobi for the proper road user is the car,” notes Amiel Bize, a Columbia PhD candidate who has been studying pedestrian safety in Kenya since 2010.

Undoubtedly, the capital needs a sane motorised public transport system. It also needs to take care of its congestion problem. However, none of these objectives can be achieved if it does not take care of its walkability problem. The goal of re-engineering and reinventing Nairobi as a city for people, rather than a city for vehicles, will remain elusive as long as it does not cater to the needs of the majority of its population. It is this that led to Nairobi being ranked a lowly 186 out of 231 global cities in the New York-based consultancy Mercer’s 2018 quality of living survey.

Much of this will involve undoing a century of misconceptions about the desirability of walking. These misconceptions are captured in the Business Daily headline that read: “Traffic congestion slows down Nairobi to a walking city.” Yet the idea of “a walking city” is not a lamentable consequence of a failure of motorised transport but rather should be the desired outcome of effective policies to decongest roads. In fact, as The Geography of Transport Systems notes, “people tend to walk and cycle less when traffic is heavy”. The book emphasises that “traffic flows influence the life and interactions of residents and their usage of street space. More traffic impedes social interactions and street activities.” With the introduction of modern light rail, the Ethiopian capital, Addis Ababa, demonstrates how a combination of policies to improve public transport and a consistent commitment to investing in pedestrian infrastructure can help regenerate cities.

Rather than implementing separate policies, such as the Michuki Rules, to tame matatus and beating Kidero drums to tackle congestion, Nairobi should adopt an integrated plan whose aim should be to make the city a more humane and walkable place to live – a city where the streets are transformed from theatres of conflict and exclusion to arenas of interaction that welcome all people regardless of class.

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BIG BROTHER IS WATCHING: Factors influencing Internet freedom in Africa

CLAUDIO BUTTICÈ examines the factors that influence internet freedom in Africa.

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BIG BROTHER IS WATCHING: Factors influencing Internet freedom in Africa

With the possible exception of Kenya and South Africa, Internet freedom is constantly under attack in most African countries. Ethiopia has suffered a dramatic decline in Internet freedom over the past few years, the Ugandan government has imposed a tax on social media, and the Tanzanian government has taken down many websites – a pattern that closely mimics what happens in China and Korea. In a continent where Internet penetration stands at just 31.2 per cent, less than one-third of the population has access to the World Wide Web. Such restrictions on connectivity, as well as a lack of security, online manipulation and disinformation tactics, play a significant role in keeping many countries undeveloped.

Why online manipulation tactics are a threat to freedom

When the Internet started becoming a mainstream technology, many praised it as a liberating force that was helping millions of people to know the truth about the world they lived in. It didn’t take much for governments of the less democratic countries to understand the threat it posed to their power. Today, however, even many so-called “democracies” have learned how dangerous Internet freedom can be to their entrenched interests and privileges, and have taken action to disrupt it.

Between 2016 and 2018, Internet freedom was widely abused by many governments to distort the truth in their favour. Massive online manipulation tactics have been employed in countries such as China, Russia, Syria and Ethiopia. Even Western nations historically known for the independence of their media, such as the United States and Italy, have seen disinformation used to manipulate elections results. Information about many global events, such as the migratory flows from South America and Africa to the United States and Europe, have been distorted to fuel scare-mongering tactics. Governments in all the corners of the world use political and security reasons as excuses to restrict mobile Internet services, especially in areas populated by religious or ethnic minorities. Online dissent has been suppressed by altering, filtering or removing information on social media, and human rights defenders have often been threatened, attacked, or even killed to silence the few independent voices left. For instance, in March 2018, Rwandan blogger Joseph Nkusi was sentenced to 10 years in prison for incitement to civil disobedience and spreading rumours just because he offered a different perspective on the official narrative of the 1994 genocide.

Bots and fake news have been created and deployed to shape the opinion of countless numbers of people. Surreptitious grassroots support for government policies have been fabricated to justify even the most blatant violation of human rights. Many anti-democratic changes have been condoned by building social media bubbles where citizens falsely stand with regimes that are essentially endorsing themselves. And when online news media suffer the same level of restrictions and propaganda that plague the remaining traditional media, any hope for objectivity is lost forever.

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In a nutshell, when people have no access to the truth, or, at least, a different side of the truth, their freedom is stolen, and democracy dies. State-led interventions to restrict Internet freedom ensure that our eyes are open to one thing, and one thing only. Governments that resort to these tactics are scared by the idea of people knowing what is really happening because they have something to hide.

The Chinese influence

It is no mystery why China is the country that is currently spearheading this new wave of policies that aim to chain down Internet freedom. Officials from Beijing are hosting several seminars, conferences and training courses to teach other governments how to monitor and handle negative public opinion. They have devised new tools to “manage the public opinion in the cyberspace” and establish a new form of “socialist journalism with Chinese characteristics”. Similar seminars have been held in the Philippines, Vietnam, India, Lebanon and Saudi Arabia, as well as in many African countries, including Libya, Egypt, Morocco, Tanzania, and Uganda. Unsurprisingly enough, these conferences are often followed by the implementation in those countries of some of the most restrictive and controversial cybercrime and social media laws.

It is no mystery why China is the country that is currently spearheading this new wave of policies that aim to chain down Internet freedom. Officials from Beijing are hosting several seminars, conferences and training courses to teach other governments how to monitor and handle negative public opinion. They have devised new tools to “manage the public opinion in the cyberspace” and establish a new form of “socialist journalism with Chinese characteristics”.

The Chinese are also the same people who provided all those governments with high-tech surveillance tools to monitor people with no respect for their privacy or human rights. With the excuse of “maintaining public order,” autocrats and dictators started employing Artificial Intelligence-powered facial recognition software developed by Chinese companies such as Hikvision and CloudWalk. The latter signed a strategic partnership with the government of Zimbabwe to develop AI that can recognise African faces. Needless to say, the millions of Zimbabwean citizens who saw their personal data sold by the Zimbabwean government to a foreign agency had no say in the deal.

Much of the most important telecommunications infrastructure in these countries is built by China, which apparently doesn’t shun any opportunity to collect additional intelligence. In January 2018, much to their dismay, security staff at the African Union found that the computer system in the headquarters that the Chinese government had gifted the organisation was likely a Trojan horse for cyberespionage. Though China officially denied the reports, it appears that the system had been secretly sending data back to Shanghai servers every day for five years. It is not hard to see that there’s an agenda behind the Asian giant’s digital generosity towards smaller and poorer nations.

Social and blogging media taxes

The Ugandan “social media tax” is a glaring indication that something is wrong. After 32 years of entrenched power held with brutal strength, President Yoweri Museveni found in the Chinese seminars a flawless idea to rule out political opposition without any violence. The Ugandan government imposed an apparently harmless social media tax of 5 cents per day to put an end to “gossip”. Citizens who fail to pay the tax will be cut off from social media by their Internet service provider (ISP). In a country where 80 per cent of the population earns less than a dollar a day, five cents a day is no small deal. And since the tax is applied to all social media platforms and online messenger services, including Twitter, Instagram, Facebook, Tinder, SnapChat, Tumblr, WhatsApp, Telegram, Viber, Line, and Skype, it quickly adds up. It has been estimated that it could drive up the Internet connection prices to an unacceptable 40 per cent of the average Ugandan’s monthly income.

To further enforce this policy, Uganda’s Communications Commission Executive Director, Godfrey Mutabazi, suggested telecom companies subject virtual private networks (VPNs) to the tax. In the meantime, ISPs have been ordered to block and switch off VPNs one by one. Banning VPNs is a move that China already tested as a successful tactic to stop those who found a rather simple method to circumvent Internet censorship. It would be a terribly effective way for Museveni to maintain his authoritarian regime without facing the international condemnation that comes with the use of tear gas and live rounds fired at demonstrators. And it could have similar effects as in Cameroon, which restricted Internet access for at least 150 days in 2017.

In 2017, neighbouring Tanzania praised the Chinese government’s efforts to replace social media sites such as Facebook and Twitter with “homegrown sites that are safe, constructive, and popular”. Shortly afterwards, in July 2018, several popular websites had to be shut down to avoid hefty fines imposed by a new troubling law that restricts criticism of the government. In an effort to “curb moral decadence” the government passed a provision that forces bloggers, online streaming platforms, YouTube TV channels, online radio stations, online forums, social media users and Internet cafes to pay a $930 fee to publish online. Bloggers are required to also provide a lengthy list of details and information, while Internet cafés must install surveillance cameras. Violating these new rules or posting anti-government statements on social media may lead to imprisonment for a minimum of 12 months or a fine of at least $2,200, or both. Once again, free expression in Africa was muzzled and curtailed through Internet censorship.

Surveillance and interception of communication

Another way to impose an indirect control on Internet usage is the violation of privacy rights for alleged “security purposes”. Many countries, such as Kenya, Uganda, DR Congo and Tanzania, enacted laws that allow the installation of surveillance tools that enable interception of communications with the excuse of “detecting, deterring and disrupting terrorism”. But who is protecting people from being spied on? Who controls whether these tools are used for surveillance or censorship instead?

In Malawi, the Consolidated ICT Regulatory Management System (CIRMS) – what Malawians call the “Spy Machine” – will allegedly monitor mobile phone service providers to ensure fair pricing and quality of service. Note that “allegedly” here is the key word. Its implementation was initially challenged in the High Court by civil rights movements but the Supreme Court eventually allowed it. Bottom line: the Spy Machine now allows Malawian government officers to listen to subscribers’ private conversations with no restriction. To ensure “quality of service”, of course.

Another way to impose an indirect control on Internet usage is the violation of privacy rights for alleged “security purposes”. Many countries, such as Kenya, Uganda, DR Congo and Tanzania, enacted laws that allow the installation of surveillance tools that enable interception of communications with the excuse of “detecting, deterring and disrupting terrorism”. But who is protecting people from being spied on? Who controls whether these tools are used for surveillance or censorship instead?

In Kenya, in January 2017, the Communications Authority (CA) wanted to install a link at the data centre or mobile switching room of mobile operators to identify counterfeit or stolen phones. The purpose of this was supposedly to prevent terrorism in accordance with the provisions of the country’s Prevention of Terrorism Act. However, it was later alleged that this system could also intercept phone calls and its implementation was, therefore, blocked by the courts. It was also later alleged that middle boxes may be present on the Safaricom network and that law enforcement officers are allowed to extract private information before seeking a warrant. Other reports purportedly found that the CA procured the Israeli HIWIRE technology to capture, monitor, and analyse private activities on social media. Although all of these allegations are still just allegations and nothing else, it’s not hard to understand what the narrative is in this case.

The economic impact of Internet disruptions

Internet shutdowns have become common in sub-Saharan Africa, especially during elections or when public anti-government protests occur. Internet disruptions in the region have occurred in a total combined period of 236 days since 2015. But even if security agencies work with national communications regulators to order the disruptions for purported “national security reasons”, many African governments do not even realise how high the cost of these shutdowns is.

In Africa, the information communications technology (ICT) sector is thriving. Over the past two years, smartphone connections have doubled to almost 200 million, especially in countries such as South Africa, DR Congo, Cameroon, and Kenya. Broadband subscriptions, smartphone purchases, and the mobile money sector are expected to grow exponentially, providing unique opportunities for productivity gains to enterprises and governments. The ICT sector is a potent catalyst of economic growth since it provides the opportunity to overcome Africa’s logistical limitations, such as poor road networks and cumbersome bureaucracy. ICTs also allow for a reduction in organisational costs; they speed up the circulation of money, and contribute directly to the economy of many African countries in the form of fees and taxes paid by local and foreign ICT companies. The value added by the ICT ecosystem has been estimated at $10.5 billion in 2016, with an indirect productivity impact worth up to $62 billion.

It is hard to precisely estimate the economic cost of Internet disruptions because every shutdown of communication services affects countless services. Secondary economic damages are suffered by sectors affected by shutdowns, such as call centres, tourism and hospitality services and e-commerce. The Collaboration on International ICT Policy in East and Southern Africa estimates that African governments have suffered a deficit of at least $235 million due to lost tax revenues caused by blocked digital access and reduced worker productivity – a significant sum as the African Union’s combined GDP amounts to only $1.5 trillion. Shutdowns represent an insurmountable barrier to business expansion; they damage local competitiveness and erode investor confidence, causing unnecessary reputational risks. In Kenya, the direct and indirect costs of a full Internet shutdown would be among the highest in sub-Saharan Africa, at over $6.3 million per day.

Positive news

Africa’s Internet freedom is constantly under attack, but democratic forces are fighting back, and in some instances, were able to score some critical victories.

In May 2018, the Computer Misuse and Cyber Crime Act passed in Kenya provided authorities with the discretion of prosecuting individuals who were found guilty of “subverting national security” while interacting online. While the law purported to protect Internet users from things like cyber harassment, it was clearly created with the sole purpose of muzzling dissenting political views and freedom of expression. But on May 29, the Bloggers Association of Kenya (BAKE) sued the Attorney-General, the Speaker of the National Assembly, the Inspector-General of Police and the Director of Public Prosecution, claiming the Act was unconstitutional. The High Court ruled in favour of the bloggers, suspending 22 provision of the law for further review.

Shutdowns represent an insurmountable barrier to business expansion; they damage local competitiveness and erode investor confidence, causing unnecessary reputational risks. In Kenya, the direct and indirect costs of a full Internet shutdown would be among the highest in sub-Saharan Africa, at over $6.3 million per day.

Ethiopia, a nation which spearheaded censorship in Africa, is also slowly freeing itself from the draconian restrictions imposed by the 2009 Anti-Terrorism Proclamation. Although strong repressive measures are still present, the newly appointed Prime Minister, Abiy Ahmed, has already started moving towards a more progressive agenda. A gender-balanced cabinet has been appointed, thousands of prisoners, including some prominent bloggers, have been released, dissidents have been allowed to return home, and hundreds of TV channels and websites have been unblocked. Ethiopians are now enjoying an unexpected new age of free expression, which other so-called democracies in the rest of Africa should emulate.

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KENYA’S NEW PRISON INDUSTRIAL COMPLEX: Fundamental flaws in Uhuru Kenyatta’s plan to make jails profitable

CHRISTINE MUNGAI explores Kenya’s new prison industrial complex and unearths the fundamental flaws in Jubilee’s plan to make jails profitable.

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KENYA’S NEW PRISON INDUSTRIAL COMPLEX: Fundamental flaws in Uhuru Kenyatta’s plan to make jails profitable

“When I first became involved in anti-prison activism dur­ing the late 1960s, I was astounded to learn that there were then close to two hundred thousand people in prison. Had anyone told me that in three decades, ten times as many peo­ple would be locked away in cages, I would have been absolutely incredulous.” ~ Angela Davis

In the one hundred years between the mid-1850s and 1980s – a period of nearly 130 years – the state of California constructed a total of nine prisons and two prison camps. But in the five years between 1984 and 1989, nine more prisons were constructed. It had taken more than a century to build the first nine prisons in California, and less than a decade for that number to double. Today, there are 34 state prisons in California, and this is not counting federal prisons or county jails – the equivalent of Kenya’s police cells. The state of California also has 43 prison “conservation” camps, whose inmates are procured to fight wildfires and respond to other public emergencies.

That the US is running a Prison Industrial Complex has been well documented. America accounts for just 5% of the world’s population, but 25% of the world’s prisoners. Ava DuVernay’s gripping 2016 documentary, 13th, expertly tracks the policies, systems and forces that have pressed more than 2.3 million Americans – overwhelmingly black and Latino – into the prison system, so much so that in some neighbourhoods, going to prison is almost a normal rite of passage.

But what the figures above from California reveal is that the processes that produce mass incarceration of an entire demographic can be astonishingly rapid and diabolically efficient.

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“The first thing that happened when we got there is we were told to strip. In the open. All wardens sitting there watching. I think this was the worst thing to happen to us. We were many. The indignity of standing naked in front of strangers…” ~ Anonymous submission to #PrisonDiaries (courtesy of @MarigaThoithi)

 In early October, a press statement from the Presidential Strategic Communications Unit (PSCU) revealed a plan to establish the Kenya Prison Enterprise Corporation, a “state enterprise” that would reportedly expand the scope of prison work programmes “with the aim of unlocking the revenue potential of the prisons industry, and ultimately turn it into a reformative and financially self-sustaining entity.”

The new corporation will also contribute to the realisation of President [Uhuru] Kenyatta’s Big 4 Agenda, particularly food security, affordable housing, and manufacturing,” a statement from State House said. The corporation will be mandated to “organise and manage” the assets of the Prisons Department, including 86 prison farms with a total of over 18,200 acres of land. The corporation will, at some point, “foster ease of entry into partnership with the private sector on different spheres” – a vague statement that could include private contracting of anything from construction of prison facilities to full operations.

As Michael Onsando at BrainstormKE has argued, the plan to “unlock the revenue potential” of the prison industry is linked to the current financial distress in the Jubilee administration, as well as to a desire to make some gains in President Uhuru Kenyatta’s “legacy” term.

However, it is horrifying to think that the way to kill two birds – job creation and industrialisation – is by the deadly stone of expanding the prison sector, corralling people into a pool of cheap labour with almost no rights. Granted, there are many different privatisation models. Private firms can be contracted to build prisons, to manage them, or both. Countries such as the US, UK and Australia have privatised the entire chain of operations from construction to day-to-day operations, while in Europe the trend is to outsource specific functions, such as catering, administration, healthcare and security. In many Asian prisons, the private sector is more directly involved in the prison industry by contracting inmates to work in for-profit factories or firms. Kenya seems to be leaning towards a mixed model, where the corporation, for now, remains fully state-owned but is run with a private sector ethos.

As Michael Onsando at BrainstormKE has argued, the plan to “unlock the revenue potential” of the prison industry is linked to the current financial distress in the Jubilee administration, as well as to a desire to make some gains in President Uhuru Kenyatta’s “legacy” term.

Kenya’s prisons house nearly 50,000 people in facilities designed to hold 14,000. Stories of horrific conditions of disease, vermin and lack of food are common.

Most of the support for the privatisation of prisons is in the form of two arguments: one, that the private sector can run prisons better than governments can; and two, and that prisons ought to support themselves financially.

The evidence is mixed on the first claim; privatisation does not always save money or improve efficiency. A 2011 investigative report by the American Civil Liberties Union revealed that private prisons “do not save money, cannot be demonstrated to save money in meaningful amounts, or may even cost more than government prisons.”

A value-for-money study commissioned by the Dutch government found that while operational costs in private prisons were reduced by 2-13%, savings disappeared once transaction and other financial costs were taken into account.

Some countries have rejected proposals to privatise prisons. In Costa Rica, although the government had signed a pre-contract to build a private prison with a capacity for 1,200 inmates at $73 million, it did not proceed with the deal, instead opting to build facilities at its own expense for 2,600 inmates at $10million. The Costa Rican government realised that going along with the deal would mean being locked into a contract that would spend $37 daily per inmate for 20 years, while in the state prisons the amount was $11. (Inmates in state facilities made up 80% of the prison population.) The government cancelled the contract, and opted instead to improve the situation of all inmates, raising the daily per capita amount to $16 for all those under confinement.

In South Africa, the government took over a private prison in Bloemfontein because G4S – the private security company contracted to run the prison – “had lost effective control of the facility”. Investigations were launched into allegations that some prisoners had been forcibly injected with anti-psychotic medication and subjected to electric shocks.

The second claim – that private prisons should be able to support themselves financially – is deeply rooted in a neoliberal ethos that judges the value of everything through the logic of the market. We see this in the announcement of the plan by PSCU, which stated that unlocking the revenue potential of the prisons industry would ultimately turn it into “a reformative and financially self-sustaining entity”.

In South Africa, the government took over a private prison in Bloemfontein because G4S – the private security company contracted to run the prison – “had lost effective control of the facility”. Investigations were launched into allegations that some prisoners had been forcibly injected with anti-psychotic medication and subjected to electric shocks.

The framing of this proposal is curious, particularly in the way it connects reformation with financial independence. It is neoliberalism offering rehabilitation through success in the market. (No wonder that the phrase “prominent Nairobi businessman/ woman” is often used to sanitise the reputation of people mired in scandal.)

Moreover, in a place like Kenya, where government contracts are often irregularly awarded and where corruption is endemic, privatisation can actually result in degraded services. Already, detectives are investigating a Sh6.2 billion scandal at the Prisons Department. A senior detective revealed a few weeks ago that investigators from the Directorate of Criminal Investigations and the anti-graft commission were closing in on suspects behind the suspicious spending on prisoners’ food, which was cleared last year although it is still marked as a pending bill.

Now, by linking the prisons sector with President Kenyatta’s Big 4 Agenda, we are likely to see the emergence of a “hard-working performer” at the helm of the prison corporation who will point to the profits at the end of the prison pipeline as evidence of “cleaning up” the ailing penal system.

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“The perpetrator is a product of criminal discourse and a victim of institutions that claim to deter crime, but are actually invested in perpetrating a police state where everyone is under surveillance and on the border of falling into criminality.” ~ Michel Foucault

All this is happening in a worrying context of a criminal justice system that disproportionately targets the young, the poor and the urban. Last year, a damning audit by the National Council on the Administration of Justice revealed that the Kenyan state is essentially at war with informality. In practical terms, poverty is a crime.

Not only that, colonial laws against offences like vagrancy and loitering remain on our statute books and are vigorously enforced – as Carey Baraka articulated on the perils of being a young man on the streets of Nairobi and being forced to prove your existence by producing an ID card on demand. In fact, demands for ID documents assume that the black body in the city is not legitimate and must be accounted for.

“It’s an assumption that Africans can never be urban,” says city planner Constant Cap. “If you are urban, then you are not a real African, and you must explain your presence in the city to the powers that be. Our cities are actually not planned with us in mind – it is like they are not expecting permanent residents, just itinerant workers who trade their labour.”

This means that nearly 70% of court cases in our criminal judicial system are criminally petty, nuisance offences, or economically-driven (such as being drunk and disorderly, trading without a licence, loitering, causing a disturbance, or “preparing to commit a felony”). The dragnet is so large and indiscriminate that a Kenyan adult has a 1 in 10 chance of spending some time in police custody over the course of a year, although these figures skew heavily towards those who are young, male and poor.

In some ways, it is a logic that leans towards universal punishment rather than supporting universal prosperity – even for the small street trader who is really not doing anyone any harm, and certainly does not deserve jail time. As the economy continues to be depressed, we are likely to see more people who are unable to secure formal employment and who turn to informal trading on the street. This will make them more vulnerable to police harassment and arbitrary arrest.

A recent investigation by Nation Newsplex revealed that there are more pre-trial detainees incarcerated in Kenya than convicted prisoners; 90% of those in remand have been granted bail but cannot afford it even though more than half of the bails were set at less than Sh250,000 (roughly $2,500). In other words, there are immediate better outcomes for being rich and guilty than poor and innocent.

Meanwhile, the Judiciary is reeling from huge budget cuts this year. It had requested Sh31 billion to fund its operations for the current financial year but it was allocated Sh17 billion by the National Treasury. The latter figure was further reduced by Parliament to Sh14 billion. This means that judicial officers will likely be under more pressure to arrest and fine, as a prosecutor in the Directorate of Public Prosecutions (DPP) told me. “Petty offences are prosecuted vigorously in the judicial system because they are quick and easy to prove – the only witness needed in most cases is a police officer,” she said. “And the fines are now an even important source of money for the Judiciary.”

A recent investigation by Nation Newsplex revealed that there are more pre-trial detainees incarcerated in Kenya than convicted prisoners; 90% of those in remand have been granted bail but cannot afford it even though more than half of the bails were set at less than Sh250,000 (roughly $2,500). In other words, there are immediate better outcomes for being rich and guilty than poor and innocent.

It doesn’t help that the key performance indicators (KPIs) for judicial officers are convictions. The gravity of the case doesn’t matter because “a conviction is a conviction, and magistrates get promoted on the basis of the number, not the type, of convictions,” the prosecutor told me, “even if the charges are just trespassing, hawking, illegal grazing, and the like.”

How might the profit incentive in the prisons change the trends in convictions and sentencing? “I definitely see a possibility for it to be more profitable to send people to jail than to fine them,” the prosecutor said. “Remandees are often given work to do things like sweep the governor’s compound – a profit motive in prisons will escalate this, and it will be framed as a favour to prisoners.”

***

But this is not all. The Kenyan education system is undergoing two major changes. On the one hand, the new curriculum has an increased focus on technical and vocational skills, and less of an emphasis on academic subjects. On the other hand, there is increased surveillance and militarisation of the school system, with authorities, including the Directorate of Criminal Investigations (DCI) and the Education Cabinet Secretary Amina Mohamed, issuing threats of a criminal record and jail time for students who protest or who are implicated in anti-social behaviour.

“This is to warn every student from primary school, secondary school, college and university that the DCI is archiving and profiling every criminal act and consolidating charges that may be preferred to each and every student involved in any crime,” the DCI tweeted in June.

A school-to-prison pipeline is therefore not far-fetched. With the new curriculum putting students on individual “talent” pathways, it will be easy to explain student failures on their lack of talent, thereby obscuring the bigger structural issues that might be at play. And now, students cannot complain, or they risk jail time.

“[The] negative characterization of poor and largely nonwhite youth is in sync with the broader push to replace social services with criminalization,” Alex Vitale writes in “The Criminalization of Youth”, an article in Jacobin magazine. “As more and more deprived neighborhoods are denied access to decent jobs and schools, their young people are criminalized as ‘the worst of the worst’ to ensure that the problems in these communities are understood as individual and group moral failures, rather than the result of rapacious market forces and a hollowed-out state.”

***

“Companies that service the criminal sys­tem need sufficient quantities of raw materials to guarantee long-term growth . . . In the criminal jus­tice field, the raw material is prisoners and indus­try will do what is necessary to guarantee a steady supply. For the supply of prisoners to grow, criminal justice policies must ensure a sufficient number of incarcerated [people] regardless of whether crime is rising or the incarceration is necessary.” Steven Donziger

Three new menacing forces – the profit motive of privatised prisons, a depressed economy with fewer formal jobs and more informal trade, and a more militarised school system with jail sentences for unruly students – are likely to work with diabolical synergy to push an increasing number of young people into the criminal justice system.

This should worry us all because mere contact with the system leaves “a stain of criminality”, my prosecutor friend told me. “I’ve seen children and young people enter the criminal justice system for a small reason that could have been handled at home or in the community – and by the time the system is done with them, they are into proper crime: hardened, disillusioned and angry.”

Three new menacing forces – the profit motive of privatised prisons, a depressed economy with fewer formal jobs and more informal trade, and a more militarised school system with jail sentences for unruly students – are likely to work with diabolical synergy to push an increasing number of young people into the criminal justice system.

This is not a feature of a broken state apparatus; on the contrary, the state is acting just as it was designed to act, as Keguro Macharia reminds us:

One reads Kenyans demanding colonial systems work better, and weeps. 

– “we need police to do their work properly”

– “we need the laws implemented properly”

– “we need the judicial systems to work properly”

If you are being unhumaned, those systems are working properly.

If you are being executed, those systems are working properly.

If you are feeling frustrated and humiliated, those systems are working properly.

The demand cannot be that systems designed to unhuman Africans work properly.

The demand is abolition.

And as for Uhuru Kenyatta achieving the Big 4 agenda through prison “reform”, it would be worth looking at how the US government systematically and cynically deprived its black and brown citizens of liberty at a huge cost even to itself. Instead of building good public housing like the Housing Acts of 1949/65/68 mandated, the US rapidly built prisons. So in an evil kind of way, the US did end up investing in public housing – in jail.

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