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A FAUSTIAN BARGAIN: Westgate and Kenya’s role in America’s Forever War

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The Westgate attack was a missed teachable moment in the country’s Western-funded counterterrorism campaign and Kenyan continue to pay the price for it. By ABDULLAHI BORU

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A FAUSTIAN BARGAIN: Westgate and Kenya’s role in America’s Forever War
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The Kenyan government’s studious silence on the 5th anniversary of the attack on the Westgate mall by Al Shabaab was baffling, even for an administration obsessed with meaningless symbolic gestures and spin rather than with meaningful policy interventions. Silence is not out of step but is in keeping with President Uhuru Kenyatta and his handlers’ deceptive baiting and switching; every tragedy, including Westgate, is followed by feigned concern and significant made-for-TV roadside pronouncements that inevitably lack the necessary follow-through. Welcome to #MoveOn, #MtaDo Inc.

Following the fateful Saturday, 21 September 2013 attack, when four masked gunmen entered the Westgate shopping mall in Nairobi and killed dozens of people, President Kenyatta promised a Commission of Inquiry. Five years later, the commission has not been established.

It is not just the presidency who demonstrated a grave dereliction of duty; the Joint Parliamentary Committee report on the Westgate attack was rejected by the National Assembly because the report was “shoddy”. That says plenty considering the standard of debate in Parliament where discussions are increasingly resembling a marketplace where the highest bidders buy votes, sometime in the parliamentary toilet. There has not been genuine attempt since then to pursue what exactly happened during the Westgate.

As a result, five years later, Kenyans do not know the official number of those killed or even what exactly happened at the mall. The media puts the number of people killed during the attack at nearly 70 and the attackers at four. It is unclear whether all were killed or whether any escaped. A Commission of Inquiry or even the parliamentary report, dismissed by the National Assembly as “shoddy” could have answered some of these questions, not expressly for accountability alone – which is critical – but also for posterity.

Despite both the presidency’s and the executive’s failure, the Westgate effect continues to exert a toll on Kenyans’ daily interactions and experiences: the law and order police work continues to be militarised at an almost industrial scale; extrajudicial executions and enforced disappearances in Muslim majority areas in the name of fighting terrorism continue unabated; crime in low-income urban areas has reached epidemic proportions; and Kenya’s military officers and their families continue to count the cost in blood and treasure even as the country’s military intervention in Somalia recedes from the collective national memory.

Despite both the presidency’s and the executive’s failure, the Westgate effect continues to exert a toll on Kenyans’ daily interactions and experiences: the law and order police work continues to be militarised at an almost industrial scale; extrajudicial executions and enforced disappearances in Muslim majority areas in the name of fighting terrorism continue unabated…

Kenya and terrorism

Kenya has long been at the crosshairs of international terrorist groups. The first major terrorist attack on Kenyan soil occurred on New Year’s Eve in 1980, when the Popular Front of the Liberation of Palestine (PFLP) bombed the Norfolk Hotel in Nairobi as retribution for Kenya’s assistance to the Israeli Defence Forces (IDF)’s Operation Entebbe/ Operation Thunderbolt. The majority of the 20 people killed and 100 injured were foreign nationals.

On August 7, 1998, Al Qaeda in East Africa simultaneously attacked the United States embassies in Nairobi and Dar es Salaam. The attack in Nairobi killed 213 people and injured more than 4,000 while the one in Dar es Salaam killed 11 people and injured more than 100. Al Qaeda’s Somalia connections were instrumental in planning and carrying out these attacks.

Four years later, on December 28, 2002, the same group bombed the Paradise Hotel, an Israeli-owned hotel in Kikambala on the Kenyan coast, killing 15 and injuring 80. Simultaneously, it attempted – but failed – to bring down Arkia Airline Flight 582 as it took off from Mombasa’s Moi International Airport heading to Tel Aviv.

These attacks targeted mostly the United States and Israeli/Jewish facilities, and Kenyans were considered “collateral damage”.

Domestic blowback

In October 2011, following cross-border attacks and kidnappings targeting humanitarian and aid workers, Kenya deployed thousands of soldiers to Somalia in Operation Linda Nchi (Protect the Nation) to fight against Al Shabaab. This was first time Kenyan troops had engaged in combat abroad outside peacekeeping operations. However, the intervention, instead of making Kenya safe, exposed the country’s vulnerability, especially in northern and coastal areas near the Somalia border. After the intervention in Somalia, Kenya and Kenyans became principal targets. The porous and poorly policed border allowed Al Shabaab to cross over and launch a series of attacks targeting security installations, as well as churches, schools and night clubs.

Al Shabaab attacks fall into two broad categories: large-scale and sophisticated (some foiled, some successful) and amateurish low-grade and low casualty. The attacks on the Westgate shopping mall, Garissa University and Mpeketoni in Lamu County fall in the former category. Sandwiched between these are those targeting matatus – public transport taxis – in Eastleigh, a Nairobi suburb popular with the ethnic Somali community, and other public facilities like Gikomba, East Africa’s largest open-air market. These types of attacks are also concentrated in the Muslim majority regions of north-eastern Kenya, such as Garissa, Wajir, Mandera, and Isiolo, as well as Lamu. One of the largest Al Shabaab attacks occurred in Mpeketoni, a settlement in Lamu County, where over 70 people were killed.

As a response to these domestic attacks, the government launched counterterrorism operations in Eastleigh, Coastal Kenya and the North-East. These operations were mostly conducted in scorched earth fashion; everyone was guilty until they proved their innocence. No means were spared, including extrajudicial executions and enforced disappearances, of suspected terrorists.

For instance, during Operation Usalama Watch in Eastleigh, over 4,000 Somalis were arrested and held in the Kasarani football stadium. The security sweep touched a raw nerve and exacerbated the already fraught relations between the ethnic Somali community and the state. These operations, beyond causing egregious human rights violations, as documented by human rights organisations and the media, antagonised communities at the centre of gravity in the fight against terrorism, thus creating a trust deficit between them and the state. They also animated the latent yet potent animus between the state and the communities, a legacy of past attempts at secession from Kenya. During the Shifta War, fought between 1963 and 1967, ethnic Somalis in the North-East tried to join Somalia, and in the 2000s the Mombasa Republican Council had issued their clarion call Pwani si Kenya (The Coast is not Kenya).

If the Somalis in the past were Shiftas (bandits), now they were classified as terrorists. For the Somalis and coastal Kenya communities, Kenyan citizenship comes with terms and conditions, and they have no agency in accepting or declining those terms. Human rights violations against these communities by the police has a rich tradition that transcends the advent of the War on Terror. Within the context of counterterrorism operations in the two regions, they are not an exception, but rather a continuation of the trajectory the police have been on.

US Africa policy

America’s recent Africa policy has evolved in three distinctive phases. The first phase was the period immediately after the end of the Cold War, during the George H Bush administration, when fueled by the confidence in defeating communism, the United States projected a more maximalist approach to foreign policy centered on humanitarian intervention. Operation Restore Hope in Somalia, launched in December 1992, was the first product of the policy. However, through a combination of a lack of understanding of the local nuanced realities and an underestimation of the warlord Mohamed Farah Aideed, America was bogged down in urban warfare that its troops were unprepared for. The October 1993 “Black Hawk Down” incident, in which America lost 18 servicemen, broke its armour of post-Cold War invulnerability.

Chastised by the Mogadishu experience, America opted for a more minimalist approach borne out of the realisation that the United States is not good at engaging in intractable “tribal” fighting in foreign countries. One of the outcomes of that was the hands-off approach during the 1994 Rwandan genocide. The Somalia syndrome persisted, until it was replaced by the third phase that emerged after the Nairobi and Dar es Salaam bombings. Under this new outlook, the US argued that threats came from transnational non-state actors rather than from inter-state conflicts. In this new reality, the US would require “smart” military engagement.

This smart military engagement was given a further boost by the 9/11 attacks in New York and Washington DC. This approach was articulated in the 2002 National Security Strategy, which states: “The events of September 11, 2001, taught us that weak states…can pose as great a danger to our national interests as strong states.” At the operational level, among many other options, security sector assistance was prioritised, especially in failed/fragile states that were viewed as fertile breeding grounds for transnational jihadi groups.

Because it borders Somalia from where Al Shabaab was operating, Kenya fit the bill.

Pakistanisation of Kenya

Similar to Pakistan in its war against the Taliban, Kenya plays a focal point in America’s and the West’s counterterrorism operations. Kenya provides Western intelligence with the base and infrastructure from which to wage the war. Unlike in Pakistan, however, there is a marginal political cost to Kenya’s political elite for supporting the operation. Participating in America’s Forever War has seen the security sector receive tremendous amounts of support in the form of training, equipment and money. From 2010 to 2014, Kenya received more than $141 million in US counterterrorism aid, and over the last few years, military aid has been increasing.

However, Kenya’s military personnel pay a steep price for engaging in US-led counterterrorism operations. In January 2016, Al Shabaab attacked a Kenya Defence Forces base in El Adde, Somalia, killing over 140 troops (although the government has yet to release the exact casualty numbers). A year later, on 27 January 2017, Al Shabaab attacked another KDF base in Kulbiyo causing multiple casualties. After El Adde attack, the president addressed the nation and stated, “We remain unbowed, determined to protect our way of life and committed to pursue our goal of a united, integrated and prosperous nation, region and continent. Neither shall we be shaken nor deterred by the actions of these criminals”.

Similar to Pakistan in its war against the Taliban, Kenya plays a focal point in America’s and the West’s counterterrorism operations. Kenya provides Western intelligence with the base and infrastructure from which to wage the war. Unlike in Pakistan, however, there is a marginal political cost to Kenya’s political elite for supporting the operation…From 2010 to 2014, Kenya received more than $141 million in US counterterrorism aid, and over the last few years, military aid has been increasing.

Post-Westgate, nearly all public and private spaces have been effectively securitised. Most offices and shopping malls have security barriers, guards and metal detectors, including some that are fake. There has also been a proliferation of private security companies (PSCs) in major towns. By some estimates, PSCs employ 500,000 people, compared to the less than 100,000 serving in the police. The legal-policy framework governing PSCs is the Private Security Regulation Act and the body regulating them is the Private Security Regulatory Authority. One of the changes announced by President Kenyatta under the latest iteration of police reform is that the police will strategically pull out of VIP protection services and “Cash-in-Transit” operations. This will be a boon for the already thriving PSCs. There have also been calls to amend the Act to allow private security guards to carry arms. Arming of half a million PSC employees would potentially double the estimated number of legal and illegal arms held by civilians.

Increasingly, in line with a global shift, the government has admitted that its “hard” approach has to be complemented by a “softer” one in addressing terrorism, and hence the framing has shifted from counterterrorism to countering violent extremism (CVE). The military method, in most cases, is concerned with eliminating individuals and does not address the broad spectrum of how and why individuals are recruited into terrorist groups, and how they can be incentivised to denounce and abandon them – because the reasons for joining, staying and eventually leaving are not always the same.

The use of force also treats all violent extremists and terrorists – regardless of rank, file or leadership – in the same way. As such, it does not offer a mechanism of rehabilitation and reintegration of returnees back into the community.

As part of the pivot, the national government launched a national CVE strategy in 2016, after years of consultation with various stakeholders. This has been followed by counties crafting their respective CVE plans through a similarly consultative process with the national government and other none-state actors, including human rights groups. Central to the success of these plans is community and citizen ownership.

While undoubtedly there has been a discernible shift from counterterrorism to CVE, it will take more than a change in nomenclature to heal the trust deficit between the security agencies and the communities in northern and coastal Kenya. Further, there is no legal or policy framework that governs the returnees who have renounced Al Shabaab and who find themselves in a double bind: targeted by both Al Shabaab, who regard them as deserters, and by security agencies, who see them as double agents. This distrust has seen some of them rejoin Al Shabaab, while others have been killed by the terror group, especially in Kwale, and by the anti-terror police.

While undoubtedly there has been a discernible shift from counterterrorism to CVE, it will take more than a change in nomenclature to heal the trust deficit between the security agencies and the communities in northern and coastal Kenya.

The stated reason for Kenya’s intervention in Somalia was to keep Kenya safe, but it achieved the opposite, turning Kenya and Kenyans into primary targets. Despite the mounting cost, the country is doubling down on the Somalia mission, which has metastasised into an open-ended stay in Somalia.

The Western-funded counterterrorism campaign is a Faustian bargain: Kenya gets money but completely loses its soft power regarding Somalia. The Westgate attack represented a seminal teachable moment, but Kenya missed the opportunity, and as a result, Kenyans continue to pay the price.

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Abdullahi Boru Halakhe is a security analyst from the Horn of Africa.

Politics

Saba Saba At 30: The Gains We Have Lost

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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Politics

Saba Saba and the Evolution of Citizen Power

The seismic Saba Saba event was the first serious organised challenge to repression through defiance in Kenya. However, thirty years on, many of the people who were at the forefront of the movement have died or have been accommodated by the rapacious state. Nonetheless, the struggle for people-centred democracy continues.

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Hands stretch out into the air, flashing the two-finger V-salute as the Toyota pick-up truck, with loudspeakers mounted on its roof, careens over the kerb and back onto the rutted road.

That iconic image of Martin Shikuku, James Orengo, Philip Gachoka and Rumba Kinuthia is etched in the minds of some 20 million Kenyans who were alive on the fateful day that marked the struggle for political pluralism in the country. The November 16, 1991 picture is a re-enactment of what should have happened on July 7, 1990 – the day known by its Kiswahili translation, Saba Saba, in reference to the seventh day of the seventh month.

The men perched atop the car had just changed vehicles after police shot at their truck’s tyre in an attempt to stop them from entering the barricaded Kamukunji grounds on the rim of Nairobi River, which was darkened by sewage and grease, and whose smells fused with clouds of tear gas in the air. It had been 16 months since the first attempt to hold a rally at Kamukunji failed.

On the gray cold morning of Saturday, July 7, 1990, reaching Kamukunji had acquired an urgency symbolising a break in the dam of political repression.

An attempted coup d’état by junior air force officers eight years earlier had floundered and given Daniel arap Moi, only four years into his presidency, the excuse to turn the screws on all opposition.

Dissent had been brewing in Kenya since Moi began consolidating political power by changing the constitution to ban multiparty politics and detaining critics (some of whom fled into exile. But the failed putsch emboldened Moi to take away judges’ security of tenure, and to blatantly rig the 1988 elections, which filled Parliament with his lackeys.

The lone government-owned radio and television service ruled the airwaves, alongside “free” newspapers that would not go to press until State House supplied its front-page photograph of Moi, and whose editors regularly fielded calls from the president. In those days, Kenyans relied on the British Broadcasting Corporation (BBC)’s Kiswahili Service to learn what was going on in their own country.

Five months prior to the planned Saba Saba meeting, Moi’s foreign minister, Robert Ouko, had been brutally killed. Ouko’s dismembered body was dumped on a hill in his rural constituency. It was widely believed that his murder had been planned by people close to Moi.

Kenya was suffocating under the armpits of Moi’s single-party regime. He held the bureaucracy and the security apparatus in a firm grip; Parliament sang his song; and the judiciary was cowed into sniveling subservience. He had declared debate on multiparty politics stirred by clerics closed even before it began.

Open defiance seemed like the only channel for starting a national conversation.

As its opening gambit, the Moi government declared the Kamukunji meeting illegal, and arrested Kenneth Matiba, Charles Rubia and Raila Odinga, three of the senior politicians who were organising it, before subsequently detaining them without trial.

Kenya was suffocating under the armpits of Moi’s single-party regime. He held the bureaucracy and the security apparatus in a firm grip; Parliament sang his song; and the judiciary was cowed into sniveling subservience.

Other countries confronted with dictatorship in Africa had often gone the way of the muzzle with military coups d’etat; Kenyans put themselves on the line at the risk of permanently separating body from soul. The men on the pick-up truck were the second-tier leaders, and there was another tier below them, and yet another across the length and breadth of the country.

A movement – dubbed “The Second Liberation” – began to form in spite of restrictive laws on assembly and association, grouping people together in organising cells.

Saba Saba had been prefaced by the mysterious appearance of leaflets secretly printed and dropped around the country, inviting people to the meeting. Relying on a network of football clubs and private sector transport workers (matatu touts) travelling across the nation, people were put on buses to Nairobi for the day of confrontation. It put a match to the tinder that had piled across the country and exploded into four days of confrontations between the police and the public. The wall of fear had cracked.

When national newspapers and the international media chalked up the tally, there were 39 dead, 69 injured, and over 5,000 arrested – with over 1,000 charged with looting and rioting.

Saba Saba was the first serious organised challenge to repression through defiance. It was meant to be the first of eight public rallies – one in each province – to rally the public for plural politics and open government. Frantic attempts would subsequently be made to negotiate down demands for freedom by offering internal reforms in the ruling political party monopoly, KANU, but they were insufficient to stem the tide of change.

When national newspapers and the international media chalked up the tally, there were 39 dead, 69 injured, and over 5,000 arrested – with over 1,000 charged with looting and rioting.

Sixteen months after Saba Saba, Moi grudgingly capitulated and agreed to term limits and to repealing constitutional bans on multiparty political organising, only to use this as an instrument for fanning ethnic animosity. Within months of the return of political pluralism, some 19 new political parties had been registered by dint of the efforts of state operatives, who also engineered a split inside the opposition Forum for the Restoration of Democracy (FORD) party.

A miscarriage of democracy

Moi retained power for two terms despite securing only a minority of the votes in the 1992 and 1997 elections. The spirit of Saba Saba revisited the country in a series of protests on July 7; then August 8; September 9 and October 10, 1997 in attempts to demand free and fair elections.

Moi split the movement by offering compromises to share slots in the electoral management agency with the opposition and repeal laws constraining public assembly. Once again, it seemed that the Saba Saba campaigners had only achieved a Pyrrhic victory.

The euphoric victory of the joint opposition candidate, Mwai Kibaki, in the 2002 election when Moi was retiring imbued the nation with a new sense of optimism and the possibility of citizens reclaiming their power. But this optimism was quickly dashed by regression to some of the old wily ways, including mega corruption scandals.

It took the violent and bloody protests in the aftermath of the 2007 election – a citizens’ revolt against loss of confidence in the judiciary and the electoral body – to produce a new constitution in 2010. The post-2007 election violence recorded over 1,300 deaths, over 5,000 injuries and rapes, as well as massive displacement – which invited the attention of the International Criminal Court (ICC).

The digitised movement

Many of the people who were at the forefront of the Saba Saba protests have died or have been accommodated in the rapacious state. As the state grows more dangerous in deploying deadly force in a throwback to the dictatorship of yore, the public appears friendless and with few defenders.

Still, the spirit of citizen power that fuelled Saba Saba still roams the land like a vagabond. The pain, angst and trauma of decades of protest have blunted the desire for public-spirited action, only interrupted intermittently by fresh outrages.

The Kenyan state remains colonial in its true nature, ceding nothing even when it offers backhanded half measures to stall demands for citizen power. Cycles of reform have delivered piecemeal change in slow, grudging steps that are often also characterised by blowback. Changes to the executive to share its power with county governments continue to be undermined; Parliament appears to have lost power and public trust; and the judiciary is fighting daily for its independence.

Plural politics and expanded public voice have not resolved many of the problems that make life in Kenya a seesaw between hope and despair. Police routinely break up peaceful assemblies and turn them into riots, complete with clouds of tear gas, truncheons raining down on bodies and bullets cutting through crowds.

Yet, some things have changed. Citizens may still not control the organs of the state –and there is great frustration with the government from which they are alienated – but they continue to claim their power through an intersection of greater awareness, increased voice and technology.

The Kenyan state remains colonial in its true nature, ceding nothing even when it offers backhanded half measures to stall demands for citizen power. Cycles of reform have delivered piecemeal change in slow, grudging steps that are often also characterised by blowback.

Sometimes, these strides can appear insufficient, but citizens have overcome their fear of dictatorship, and continue to evolve new tactics to make their voices heard even in the potentially repressive context.

Between that seismic Saba Saba event and the passage of a new constitution in August 2010, some 17.1 million Kenyan children were born and continue to walk the earth. The children of Saba Saba, progenies of the legacy of struggle, have come of age but they have not always been shielded from the scars of the history that birthed their freedom. They are better educated, more expressive and greatly aided by technology, but they continue to wallow in want, are beset by unemployment and are confronted daily by police brutality.

With 45 million Internet subscriptions, Kenyans are the continent’s second largest social media users, after South Africa. Young Kenyans are most active on WhatsApp and Facebook, but it is the fabled Kenyans on Twitter (#KOT) who routinely take down the country’s critics and wage war on perceived moral or ethical wrongs within and across borders.

In April 2020, Deputy President William Ruto blocked US-based Kenyan law scholar Makau Mutua on Twitter over the latter’s criticism of him. Last year, President Uhuru Kenyatta suspended his social media accounts – only a year after deactivating multiple accounts when he came up for air from a deluge of criticism that threatened to engulf him online.

Freedom is never given; it is won. The lesson of Saba Saba needs to be preserved through the generations because it reproduces the courage of the independence struggle in which ordinary people stand up to those who bully them.

It remains to be seen whether mobile phones and computer keyboards will be sufficient to hold the dam.

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Politics

The Spirit of Saba Saba Lives on in Devolution

Despite various setbacks, devolution has produced tangible results and demonstrated that Kenyans are determined to have a form of governance that is responsive to people’s needs and desires. In many ways, devolution embodies the spirit of Saba Saba.

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The Spirit of Saba Saba Lives on in Devolution
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Chaos has never stopped Kenyans from building the country they want, and if there was ever a moment that summarised this spirit, it is Saba Saba – the date of a meeting that never took place.

It has been 30 years since opposition leaders Kenneth Matiba and Charles Rubia announced that they would lead a public rally to press for the return of multiparty democracy. Whatever their political motives, Matiba and Rubia triggered a tsunami and unleashed the thunderbolt that is the Kenyan spirit.

President Daniel arap Moi went to extremes to kill the idea, using every possible public institution to try and disrupt and scuttle the meeting. He ordered the detention of key supporters of the movement on 6 July1990, banned gatherings and issued myriad warnings through the police, his cabinet, the media and every state organ. On July 7th, 1990, the date of the meeting, roads were blocked and baton-wielding police stood as a visible threat all over the city of Nairobi and towns across the country. Blows rained down on people heading out of the slums. Hospitals and clinics scrambled to tend to those injured. There were tear gas-burned eyes and lungs across the city, but especially near the Kamukunji venue that had been ringed by police.

The meeting never happened but the day-long run-ins with power demonstrated what had been born – and has never died.

The political chaos of that moment only emphasises the spirit of Saba Saba – the spirit of Kenyans’ determination to have the country they want. A year later, political pluralism was a reality, and with it began the expansion of the democratic space. Almost immediately afterwards, the push shifted to reforms with multiple milestones.

Twenty years later, in 2010, a new constitution was in place, and with it the promise of a different country.

True reformists vs. impostors

When fully implemented, the 2010 Constitution will permanently disrupt the way Kenya has been governed, and will guarantee a basic quality of life and dignity for every Kenyan. But a lot has to happen before then.

If the spirit of Saba Saba launched the vision of the 2010 Constitution, devolution of power, as directed by the Constitution, provided the tools. And more chaos.

The shift saw one-time supporters of the oppressive KANU regime take to wearing the proverbial sheepskin, learn the language of reform and insert themselves back into the machinery of government, thus interfering with the design like badly written computer code. Behind the scenes, the abuse of state instruments, primitive accumulation of capital and rabid theft of public resources took up again as it had since independence, thereby slowing down progress.

But while impostors are clogging the pipes of government delivery, an army of Kenyans across the country, including a growing number within the political leadership, are keeping the spirit of Saba Saba alive, and are now quietly working to unblock the system and put things where they should be.

If the spirit of Saba Saba launched the vision of the 2010 Constitution, devolution of power, as directed by the Constitution, provided the tools. And more chaos.

Devolved governance through the 47 countries is bringing government closer to the people. For some counties, such as Mandera, devolution has brought basic services and infrastructure, such as tarmacked roads, for the first time. Despite a lack of equipment, doctors performed the first ever Caesarean section at Modogashe Sub-county Hospital in Garissa County in 2016, safely delivering a baby boy and saving the life of his 18-year-old mother who had been in labour for two days. That was just days after doctors at Balambala, another ward level hospital in Garissa, conducted a similar procedure.

These stories of first time medical operations in what were once abandoned rural areas have become almost ordinary as counties take control of health services by upgrading and building facilities, recruiting staff, and ensuring that equipment and medicines are available.

The ongoing construction of the 750-bed Kakamega County Teaching and Referral Hospital will change the face of healthcare beyond the county and tick many boxes for health sector needs in the region. This health facility will be the third biggest referral hospital in the country in terms of bed capacity. The first phase of this Sh6 billion investment is scheduled to open later this year.

It is not as straightforward as it seems. Despite health services having been devolved, the central government has not relinquished control of the structures that should support counties. The Kenya Medical Supplies Authority (KEMSA) and the Ministry of Health currently run like a monopoly medical store that the counties are forced to buy from. Governors have tried to negotiate with the central government to have KEMSA restructured and give them a bigger say in management and control so they can plan collectively for the whole county and leverage economies of scale to get the best price and quality for drugs and equipment. To no avail.

In mid-2015, and after much protestation, governors from all 47 counties caved in to pressure and signed onto a Sh38 billion medical equipment leasing deal, despite the concerns they had, including the lack of specialists to operate and maintain the equipment and the fact that no one had assessed local priorities for health in the different counties. Around 100 hospitals were arbitrarily designated to receive a package that included dialysis machines, ultrasound machines, theatre equipment, intensive care unit (ICU) equipment, incinerators, sterilising units and an assortment of cancer treatment machines. The bill for all this was sent to county governments.

It is not as straightforward as it seems. Despite health services having been devolved, the central government has not relinquished control of the structures that should support counties.

With that controversial move still unresolved, mid-2018 saw the central government telling counties they must now pay double for the leased equipment – a collective bill of Sh9 billion each year, according to Isiolo Governor, Dr Mohammed Kuti, who heads the Council of Governors Health Committee. Enquiries were casually brushed off by the Principal Secretary for Health, Peter Tum, who told the media that the central government needs to buy more equipment due to a rise in demand. Meanwhile, a report released this year by the Institute of Economic Affairs entitled “The Leasing of Medical Equipment Project in Kenya: Value for Money Assessment” found that some of the equipment lying in county stores was gathering dust while other equipment is yet to be supplied.

The case of Nairobi: A return to dictatorship?

The chaos – authoritarian style – serves as a constant backdrop to the progress and fits the tradition in which Saba Saba came into being.

It is a style that was very much in evidence early this year when the central government moved in to take over the running of Nairobi City County. The usual political shenanigans on display, Nairobians watched in bewilderment as Governor Mike Mbuvi Sonko found himself at State House at the televised signing of a document that gave away the keys to Nairobi City County coffers. A new Nairobi Metropolitan Services (NMS) was hurriedly imposed on the county in February without consulting the electorate that put Sonko in the seat of governor. Treasury quickly allocated and disbursed Sh26.4 billion to NMS.

Nairobi has been through some crazy times, with the governor at odds with almost all the executives he himself appointed. Sonko’s governance style included quarrels with the elected members of the county assembly (MCAs), dismissals of staff and allegations of corruption made against Sonko and by Sonko against other county officials.

Despite the political noise, Nairobi city has for the first time in a decade gone through a rainy season without loss of life or property to flooding. Like it or not, credit goes to the Sonko-led clean-up that saw months of drain-clearing last year. Street lights are working, potholes have been filled, fire stations and county clinics have received facelifts. Working with the Kenya Urban Roads Authority, Nairobi City County gave the road network in Eastlands an unprecedented makeover, with the repair of 38 roads totalling almost 80 kilometres.

Accolades aside, Sonko should never have been the Governor of Nairobi, not least because of a criminal past that he himself admits to. But as the political chaos goes in Kenya, behind-the-scenes machinations gave Sonko a clean pass to the position; he was even awarded the national honour of the Elder of the Burning Spear.

Early efforts to impeach and remove him from office on grounds of abuse of office, corruption and violation of the Constitution would have been the right way to go but stalled when MCAs withdrew their motion. However, the forceful takeover staged by the central government is difficult to understand, and predictably, a court declared the takeover illegal in June this year.

Annual audits of county government’s financial accounts by the Auditor General have found many gaps and reports of corruption and abuse of office are common. No sitting official has yet been removed but several impeachment motions are flying in.

Devolution is oiling local economies

Sonko’s counterpart from Kirinyaga County, Ann Waiguru survived an impeachment hearing in June that spoke to concerns about the state of health service delivery in her county, among other issues. What was most interesting in the testimony given against her during hearings before the Senate was the emerging fact that residents now travel to the neighbouring counties of Embu and Meru where specific health services apparently work better.

This is the oil of devolution. Devolution is working and people now have more choice as to where they get their services. Beyond impeachment, the competition between counties will eventually underscore the effectiveness of leadership – and that is pushing governors and county leaders to work harder and faster than ever.

Power has reached Ijara in Garissa where the residents had never needed electric bulbs, water pumps or fridges. When power was first switched on last year, and residents were able to buy milk from a store fridge for the first time, small businesses immediately began to think bigger, eyeing the massive food demands of towns in the vicinity, like Garissa, Malindi and Mombasa.

A 10-kilometre tarmac road changed the face of Maralal and the activities conducted there when it was launched in 2016 along with almost 35 kilometres of street lights in the town centre. Wajir County also got its first tarmac road, properly finished with drainage, foot paths and street lights, in 2018. The 25-kilometre stretch built at a cost of Sh1.2 billion is a local tourism attraction in the county.

Rural roads into the interior of every county are multiplying although not as fast as some would like.

Once more, counties hit the political wall when the chairperson of the Council of Governors, Wycliffe Oparanya approached central government to request the transfer of authority and money for feeder roads directly to counties. Currently, funding goes to the Kenya Urban Roads Authority and Kenya National Highways Authority who are quick to act on big highways but move slowly on roads that affect the lives of millions of rural people. Again, the counties’ request was denied.

Power has reached Ijara in Garissa where the residents had never needed electric bulbs, water pumps or fridges.

Such strictures have caused counties to try a different approach. It started with a few counties in the Lake Victoria region coming together to discuss shared problems and a growing realisation that working together on common interests had considerable advantages. For example, the issue of malaria as a health concern is a greater issue for Lake Basin counties than it is in non-Lake areas and the opportunity to tackle it together made sense.

The Lake Region Economic Bloc was born and is now a formally registered institution created by 14 counties and headed by a Council with the secretariat located in Kisumu. This allows it to leverage economies of scale in contracts and encourages inter-county trade as a collective. It has so far raised has Sh1.3 billion for its proposed banking initiative from contributions by counties. Other initiatives proposed include a ring road around Lake Victoria to encourage trade.

It is a model that has sparked much excitement and six economic blocs now exist. Last year, the six economic blocs met in Kirinyaga to learn from each other where it emerged that one of the blocs, the Frontier Counties Development Council, has already benefited from a Sh120 billion World Bank grant for projects. Compared to the 2020/2021 county share of national revenue of Sh369 billion to be shared between 47 counties, the potential of these blocs to move resources for development is clear.

The Frontier Counties Development Council comprises 11 counties. Jumuiya ya Kaunti za Pwani brings together the six coastal counties. North Rift Economic Bloc has eight county members while Mount Kenya and Aberdares Economic Bloc consists of 10 counties. The newest is the South Eastern Kenya Economic Bloc that comprises Makueni, Machakos and Kitui counties. Nairobi, Narok and Kajiado counties are not members of any bloc.

While this bigger devolution picture is emerging, it can never displace the foundations being shaped on the the ground. The development strides in Makueni County have inspired many news headlines. But more than the bold economic investments, the expansion of healthcare and social safety nets, Makueni represents a refreshing take on what leadership can be.

Sitting at an official public meeting in the capital Wote often feels more like a social gathering as Governor Kivutha Kibwana ends meetings by reciting the poetry he writes in Kikamba or by provoking shrieks of raucous laughter from the audience. The sense of community is reinforced when the Senator for Makueni and other local leaders regularly chip in. (Kibwana’s latest poem is about COVID-19.) In 2018, Makueni hosted governors from the other 46 counties for a benchmarking conference on the county’s successful public participation approach.

But more than the bold economic investments, the expansion of healthcare and social safety nets, Makueni represents a refreshing take on what leadership can be.

As he approaches the end of his second term as governor, Kibwana is gunning for the presidency. Other governors expressing the same interest are Wycliffe Oparanya of Kakamega, Hassan Joho of Mombasa, Amason Kingi of Kilifi and Alfred Mutua of Machakos. That field is likely to expand, and for the first time since independence, Kenyans will be offered a field of candidates with a track record they can measure.

A different presidency will emerge if a former governor takes the helm in this changed environment where new rules are establishing, new players are emerging and citizens are the indisputable referees.

Until that time, like the athletes who have brought this country such fame and honour, Kenyans continue to press forward undaunted by the distance that remains, taking in the political hurdles and chaos as they come and always intent on the goal.

Embodied in the celebration and remembrance of Saba Saba is this spirit of Kenya – patient, determined, resilient and unfazed by chaos.

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