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THE DISILLUSIONED AND THE DISCONTENTED: Will the ‘Born-80s’ generation finally rescue Kenya?

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Progressive millennials should avoid the nationalistic approaches of their elders and focus their energies on undoing the exploitative colonial state rather than improving the poor quality of its political leadership. By MWONGELA KAMENCU

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THE DISILLUSIONED AND THE DISCONTENTED: Will the ‘Born-80s’ generation finally rescue Kenya?
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Disillusionment seems to be the predominant feeling in the country, an assessment based on analyses of some of the political events and the economy. A number of articles from The Elephant’s millennial edition seem to bring out this sense of despondency among the younger generation of Kenyans. How does this shape or how should it shape the political outlook of millennials, particularly those who are politically progressive and interested in socio-political change? How do these times compare with the times of their forerunners who organised under the Moi and Kenyatta dictatorships? Is there a need for a different approach in political organising by progressive Kenyan millennials?

As argued by Darius Okolla, a generation congeals as an identity when members of an age cluster develop an actual peer bond, thanks to a specific event of a certain type that knits them together into largely observable mindsets and world views. Based on this premise, the construction of a generational identity has some merit.

But who or what gets to define the length of this cluster? Is it the Anglo-linguistic definition of 30 years that defines a generation? Or is it the period of 30 to 40 years when the ituika ceremony would be held in the Kikuyu community to symbolically show that power had been transferred to a new generation? Or did the political realities of the post-colonial Kenyan state make the length of this cluster more elastic than the Western or pre-colonial Kikuyu definitions? Maybe. The membership of underground, multiparty or constitutional movements, such as the December 12th movement, Mwakenya, the Forum for Restoration of Democracy and Kenya Tuitakayo, had a huge age range – few were born in the thirties, some were born in the forties while others grew up in the seventies, but as movements they nonetheless pass Okolla’s litmus test: they had a largely observable nationalistic and patriotic political outlook. They may have had differing approaches and ideologies in their political struggles – approaches that were partially informed by their various classes, as Willy Mutunga demonstrates in his book Constitutional-Making from the Middle – but they had faith in the Kenyan state as a functional unit. I will demonstrate why.

The progressive wing of the “Generation X-extended”, as I would brand them, were either born or came of age during the heady years of independence or at a time when the Kenyan state’s social services had not been privatised. Admittedly, this argument has some grey areas – it does not address Northeastern and other regions, which by far had less investment compared to Central Kenya and Nairobi, or the discontent that brewed in the Rift Valley and the Coast in the 1960s and the Shifta War in the North. The disillusionment of citizens who had been promised Uhuru na kazi but rallied around the Uhuru na taabu call, as well as fighters like Baimungi and Chui who later picked up arms and went back to the forest, also refers. Nonetheless, the zeitgeist of the 60s for the most part was one of relative optimism that was further bolstered by the Harambee call for nation-building. Some of those, like Willy Mutunga, who were born during the colonial era, celebrated the lowering of the Union Jack and the hopes of modernisation and nation-building. They were invested in the nation-building project and the nation-state.

The progressive wing of the “Generation X-extended”, as I would brand them, were either born or came of age during the heady years of independence or at a time when the Kenyan state’s social services had not been privatised.

Compared to the public university students over the past two-and-a-half decades, the students of the 1960s, 1970s and 1980s occupied a more privileged position in society. They did not have to worry about a cafeteria system through which they would pay for meals or about supplementing their student loans – a scheme that began in 1974 – with other sources of money to pay for their university fees. In confrontations with the government, these students were constantly reminded, not only by government officials but also by members of the public, about their privileged status and the fact that their privilege came at the Kenyan taxpayer’s cost. Employment prospects for them were not as dim as they are today. Repression aside, the government to a large extent did not violate its social contract with this budding intelligentsia. There lay a caveat, however. The implied, unspoken rule was that the government would not violate the “social contract” with the university students for as long as they kept their heads down. Agitating for political freedom came at a cost – suspensions, expulsions, withdrawal of scholarships and/ or detentions.

Millenial Generation

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State industries, such as Rivatex, Kikomi and Muhoroni, employed Kenyan workers in their hundreds. A public transport system – OTC, later the Nyayo Bus and the Kenyan Bus Services – ferried people from one point to another in the city of Nairobi. It was a state that managed to keep up an image of functionality. Under Jomo Kenyatta’s regime, in particular, the mainstream media were complicit in promoting the government’s project of nation-building, a project that provided a platform for a patriotic outlook to take root. This focus on nation-building obscured a parallel but insidious development – the use of state power to amass wealth for the president, his family and his cronies. Alternative and dissenting interpretations of nation-building, muffled by repression, took the form of underground movements, like the clandestine Workers’ Party of Kenya, whose outlook was Marxist-nationalist, a forerunner to the December 12th and Mwakenya movements that in the 1980s, organised with the aim of deposing an acquisitive political elite that had frustrated and subverted the meaning of independence.

Those born in the early to the late 1970s may have turned out differently had they not encountered a rebirth of nation-building initiated by a man who was compelled to create a legend for himself owing to the gravitas his leadership lacked in the public eye in the early years of his presidency. The “Nyayo legend” had to lean on Jomo Kenyatta’s Harambee nation-building legacy to get the goodwill that Daniel arap Moi needed to command a semblance of credibility. This legend was designed to create a particular kind of citizen and the “Born-70s” became its prototype.

The Generation X, born between 1945 and 1960, as posited in Okolla’s article, also had to be extended. This extension scaled totalitarian heights as state machinery ensured that the Nyayo philosophy permeated all corners of society, from the corridors of power to school classrooms. The Born-70s, or children of the 1980s, underwent a brainwash reinforced by a repertoire of techniquesNyayo milk that showed how benevolent the president was, songs that extolled the virtues of Baba wa Taifa and repeating a loyalty pledge that underscored fealty to him and to the republic.

Those born in the early to the late 1970s may have turned out differently had they not encountered a rebirth of nation-building initiated by a man who was compelled to create a legend for himself owing to the gravitas his leadership lacked in the public eye in the early years of his presidency. The “Nyayo legend” had to lean on Jomo Kenyatta’s Harambee nation-building legacy to get the goodwill that Daniel arap Moi needed to command a semblance of credibility.

These children were the real watoto wa Nyayo; they were the first set of child inductees into the Nyayo-brainwashing programme, and for a better part of the 1980s the image they had of the Nyayo nation-building project held strong partly because of the state benefits they enjoyed, as well as the repression which on the surface put a lid on Kenyans’ frustrations and fear. The discontent was there but it was costly for it to be shown; hence they were shielded from processing some of the violent confrontations between citizens and the state police that were to be witnessed in the following decade. Later in their lives, they would have trouble reconciling their constructed love for Moi with the hard times that his administration produced. As explained by Binyavanga Wainaina, the idea of “demons” as a rationalisation for the deteriorating economic times took root as Kenyans were afraid of attributing this state of affairs to Moi’s incompetence.

But this illusion propped up by authoritarianism could not hold for long. The opening up of the democratic space in the early 1990s coincided with the introduction of cost-sharing measures for social services, particularly in educational institutions. These austerity measures produced dwindling fortunes, unemployment and inequality, which in turn radicalised this group. Its discontent would be manifested in the university student unrest in the 1990s, as well as its militancy in Kenya’s reform movement. The harsh economic conditions, accompanied by the repressive environment that they grew up in, produced progressive individuals who served as the foot soldiers of the country’s reform movement. It is important to note that in their role as “foot soldiers”, some of these individuals felt that they endured frustration from the senior generation of activists who were perceived to be the leaders of the reform movement.

Although the progressive youth of the reform movement may have been more radical than the senior activists in their approach, their outlook for the most part was similar – the Kenyan state was to be rescued. The predominant assumption amongst them was that constitutional reforms would usher in an era of good governance and address the challenges that they faced. They were wrong. Although the country got a new constitution almost two decades after their struggles, the colonial logic of the state remained intact. To be fair, we can’t blame this group and their forerunners; they were merely people of their time. They played the hand that they were dealt.

The Born-80s “millennial” generation

The childhood of the Born-80s came at a time when Kenya was a cauldron of different political contestations. The Nyayo nation-building project continued in our schools against a backdrop of wider events that did not portray the government of the day in as good a light. I remember the time when I was a pre-unit student in St. George’s Primary School receiving Kenyan flags alongside my classmates from our teachers and being walked to State House Avenue where we were prompted to wave our flags at President Moi who shared a car with Queen Elizabeth in his motorcade during her visit to Kenya in 1991.

I also recall watching in the previous year the TV footage of women wailing in reaction to the news of the murder of the Foreign Affairs Minister, Robert Ouko. I remember reciting the loyalty pledge and shortly after or around that time the tense atmosphere under which the first Saba Saba rallies occurred; my parents forced me and my siblings to stay at home without offering us any explanation – our home was relatively close to Nairobi city centre.

I remember my Malkiat Singh Class 5 GHC workbook that glorified Moi and other KANU nationalists for their fight for independence but at the same time I also remember the country’s mood in 1997 when police followed pro-reform crusaders into a church and clobbered them mercilessly. How brutal could a government be?

The 90s decade saw the decline of social services. By the end of the 1990s, government-provided public transport had collapsed and was in private hands. While the nation paid most of its attention to political liberalisation, its economic arm wreaked havoc on the economy. Free trade, as dictated by the IMF and the World Bank, meant that we had to open our markets to imported goods such as mitumba (cheaper clothes than the local alternatives but which had already been used). As a result, a host of textile industries collapsed, which also rendered cotton farming a redundant exercise.

The economy was on its knees with corruption taking centre stage. The effects of the grand corruption of the Moi administration manifested itself in high levels of crime and low-level corruption. In sync with the global music trends, a somewhat new generation of artists emerged, such as Kalamashaka, K-south and Eric Wainaina, whose music spoke to social ills such as corruption and crime. This was the Kenya that we were growing up in – one characterised by disillusionment that we picked up from this new breed of artists as well as from the experiences and insights shared between our parents and our older relatives.

This disillusionment would be a running theme throughout our adult lives. The country’s short-lived optimism during the 2002 election quickly evaporated after the NARC government, with Mwai Kibaki as President, betrayed the unity and goodwill that elevated it to leadership. A re-emerging Mount Kenya Mafia, which was later linked to the Anglo Leasing scandal, frustrated a pre-election memorandum of understanding. NARC became Nothing Actually Really Changes. Political realignments based on the betrayal of the 2002 pre-election MOU took shape, rekindling the ethnic animosities witnessed in the past decade.

This disillusionment would be a running theme throughout our adult lives. The country’s short-lived optimism during the 2002 election quickly evaporated after the NARC government, with Mwai Kibaki as President, betrayed the unity and goodwill that elevated it to leadership.

The 2005 referendum became a dress rehearsal for the shambolic 2007 elections, with a period of economic growth amid structural adjustment which, to a large extent, did not benefit the poor, serving as a bridge between these events. The bungled 2007 elections were merely a trigger for violence that provided a vent for pent-up frustrations and disillusionment with the Kibaki regime. People were killed, raped, maimed. Their houses and places of business were gutted. The violence, of course, was limited to those outside of Kenya’s power structure.

The political settlement between our elite in February 2008 managed to bring the temperatures down. It, however, set the stage for an electoral paradigm shift in Kenya – peace over justice by any means necessary – a shift that would shape the outcome and administration of elections in Kenya for the next decade.

However, the spectre of state violence still lingered – in Mt. Elgon, in the disappearances and murders of suspected members of the Mungiki sect and in the political assassination of Oscar King’ara and my college mate John Paul Oulu who investigated these murders and disappearances. The elite consensus produced by the settlement brought out contradictions between those we thought fought for us – the political elite – and those of us who supported them. In addition, a litany of scandals presided over by the coalition government showed that both of the former feuding camps were on the take. While national unity codified as political leaders from the major political parties serving in government, was sold to Kenyans as a means to end the 2007-2008 impasse, the grand corruption overseen by a 40-member cabinet did little to inspire Kenya’s newfound hope. Disillusionment again defined the times. No elite could save us.

The promulgation of the 2010 constitution could not “pack a patriotic punch”. Young people would later close ranks to form the Unga Revolution that protested the high cost of living at the time. A colleague described its poetry when he said, “It was the President’s office on one side and the Prime Minister’s on the other. We were in the middle. The lines were well defined.” This political formation, however, soon disintegrated in the run-up to the 2013 electoral contest, which Uhuru Kenyatta and his running mate William Ruto won – a contest whose results, however, were said by an observer mission to be wholly lacking in transparency.

Born-80s millennials under Jubilee’s first and now second terms in office have had to endure unemployment, a high cost of living and extrajudicial killings, all taking place against a backdrop of corruption scandals that crop up in the media with worrying frequency. The SGR scandal, the NYS scandal (Seasons 1 and 2), the Eurobond scandal, the health scandal, and the maize scandal have been reported before our eyes with the main perpetrators walking away with impunity. While the media focuses on token perpetrators of these scams, the dumbest thing would be to assume that the youth do not know that there are bigger players in the game who walk away scot free.

Born-80s millennials under Jubilee’s first and now second terms in office have had to endure unemployment, a high cost of living and extrajudicial killings, all taking place against a backdrop of corruption scandals that crop up in the media with worrying frequency.

It was no surprise, therefore, when the father of two sons casually attributed his arrested sons’ alleged involvement in the Thika bank heist to the culture of impunity that allows senior government officials to get away with grand corruption. Unable to secure formal employment after both had scored straight A’s in their A-level examinations, these youth were arguably inspired to rob a bank by the culture of impunity which from time immemorial has routinely shielded the political elite whose grand corruption is responsible for the impoverishment of many young Kenyans. Those who fell through the cracks of our education system and grew up in more hostile neighbourhoods have had to contend with extrajudicial killings for their suspected or real crimes while the officials in government who have done much worse do not pay any price for their crimes; on the contrary, they get to use their largesse to get elected or re-elected to office.

This flavour of impunity, a defining feature of the Jubilee administration, was one of the reasons why it should have been voted out in the previous election. This did not pan out, however. The 2017 August election was nullified by Kenya’s Supreme court over its lack of transparency while the repeat election was boycotted by the National Super Alliance opposition, which in pursuit of “electoral justice” held demonstrations and public meetings that were sabotaged by the Jubilee administration, resulting in several deaths, mostly of youth.

This cause was abandoned by the opposition leader Raila Odinga in his handshake with Uhuru Kenyatta, a handshake that legitimised the crimes of the Jubilee administration. Odinga’s statement at the time of the handshake ignored the impunity and extrajudicial killings that he had campaigned against with his supporters and seemed to disingenuously attribute Kenya’s problems to ethnic diversity. There were casualties, the youth probably the hardest group hit, in pursuit of these causes. Odinga’s dramatic about-face begs the question whether he cared for such causes or whether he simply piggybacked on the discontent of his supporters to secure a deal for himself. For this, Kenyan youth are justified to be disenchanted with the candidate regarded as the “lesser of two evils”.

A case for a different approach in organising

What is the pragmatic way forward for progressive Born-80 Kenyan millennials who have grown up in this era of recurrent despondency? A senior progressive, drawing upon lessons from the handshake, recently called upon Kenyans to continue building PATRIOTIC, alternative politics, for a free, just, equitably, democratic united and prosperous Kenya. But how can one, in full knowledge of the Kenyan state’s past excesses, as well as the disillusionment we have been through, “love” the Kenyan state? Wouldn’t love for the Kenyan state obscure painful histories that it has been responsible for? On a personal level, why should the Born-80s love a state that they witnessed commercialising essential social services? Their times are different from those of their forerunners.

As products of despondency, progressive Born-80s need to ask why the excesses of the Kenyan state have recurred and still recur in worrying frequency. How have four consecutive elections (including the repeat election) not commanded the credibility they should? How is it that senior government officials can get away with grand corruption that impoverishes other Kenyans and causes them to turn to crime? Why is it that young people, particularly those who reside in informal settlements, are gunned down in cold blood for their suspected or imagined crimes, a treatment that the corrupt political elite don’t have to contend with? How can a politician dramatically abandon a cause that some of his supporters died and suffered for and suddenly strike a boardroom deal?

Progressive Born-80s millennials, consequently, need to move away from the patriotic and nationalistic approaches advocated by our seniors and to examine the institution of the state. This would mean recognising that the problems they face emanate from the exploitative colonial nature of the Kenyan state rather than from the poor quality of its political leadership.

The answers to these questions would inevitably draw one’s attention to the nature of the Kenyan state, which started out as the IMPERIAL BRITISH East African COMPANY, not the East African Cooperative. It was formed to serve its shareholders; all else, including its workforce, were a means to an end – profit and the protection of it. That’s why elections were designed to serve the ruling elite, that’s why impunity is a privilege conferred to the elite by the Kenyan state, that’s why citizens can die for a politician’s gain – they are simply units of political capital ploughed into the Kenyan company for profit, the enjoyment of the benefits that come from holding state power. The company’s workers – state machinery like the police – exist to serve their masters. The company’s customers – Kenyans not part of the political elite – are mere commodities to be used for profit. The Kenyan state is simply doing the work it was originally set out to do – serving the political elite who were the descendants of the shareholders and the former colonial settler class.

Progressive Born-80s millennials, consequently, need to move away from the patriotic and nationalistic approaches advocated by our seniors and to examine the institution of the state. This would mean recognising that the problems they face emanate from the exploitative colonial nature of the Kenyan state rather than from the poor quality of its political leadership. This would speak to Kenya’s political culture rather unlike laws, some of which legitimise the nature of the state and its colonial legacies. It would mean adopting a regional, Pan-Africanist approach in organising that would shift the focus of contestation from the state level to a regional level, thereby undermining the colonial configurations of Kenyan/African states. A clear Pan-Africanist ideology ought to be sought out, one that would serve those who live on the margins of the continent and act as an effective bulwark against inter-state elite interests.

It appears that this approach is gradually shaping up, as demonstrated by the recent show of Kenyan solidarity with the detained Ugandan artist Bobi Wine. Julius Malema’s recent condemnation of xenophobic attacks against other Africans in South Africa and his suggestion to have Kiswahili as the continents’ lingua franca is equally encouraging.

Progressives from the Born-80s generation can learn from the progressives from the Generation X- extended who organically organised during repressive times. (A crop of Born-80s progressives, however, have been somewhat somnambulant in their social media activism.)

Going forward, this group of progressives needs to speak its times – they are the link between the previous generation and the Born-90s generation, which was born into a more or less dysfunctional state and which, therefore, easily accepts this dysfunction as a given reality that it cannot change.

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Mwongela Kamencu is a historian, performing and recording artist based in Nairobi, Kenya.

Politics

A Dictator’s Guide: How Museveni Wins Elections and Reproduces Power in Uganda

Caricatures aside, how do President Yoweri Museveni and the National Revolutionary Movement state reproduce power? It’s been 31 years.

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Recent weeks have seen increased global media attention to Uganda following the incidents surrounding the arrest of popular musician and legislator, Bobi Wine; emblematic events that have marked the shrinking democratic space in Uganda and the growing popular struggles for political change in the country.

The spotlight is also informed by wider trends across the continent over the past few years—particularly the unanticipated fall of veteran autocrats Muammar Gaddafi in Libya, Hosni Mubarak in Egypt, Yaya Jammeh in Gambia, and most recently Robert Mugabe in Zimbabwe—which led to speculation about whether Yoweri Museveni, in power in Uganda since 1986, might be the next to exit this shrinking club of Africa’s strongmen.

Yet the Museveni state, and the immense presidential power that is its defining characteristic, has received far less attention, thus obscuring some of the issues at hand. Comprehending its dynamics requires paying attention to at-least three turning points in the National Resistance Movement’s history, which resulted in a gradual weeding-out of Museveni’s contemporaries and potential opponents from the NRM, then the mobilisation of military conflict to shore up regime legitimacy, and the policing of urban spaces to contain the increasingly frequent signals of potential revolution. Together, these dynamics crystallised presidential power in Uganda, run down key state institutions, and set the stage for the recent tensions and likely many more to come.

The purge

From the late 1990s, there has been a gradual weeding out the old guard in the NRM, which through an informal “succession queue,” had posed an internal challenge to the continuity of Museveni’s rule. It all started amidst the heated debates in the late 1990s over the reform of the then decaying Movement system; debates that pitted a younger club of reformists against an older group. The resultant split led to the exit of many critical voices from the NRM’s ranks, and began to bolster Museveni’s grip on power in a manner that was unprecedented. It also opened the lid on official corruption and the abuse of public offices.

Over the years, the purge also got rid of many political and military elites—the so-called “historicals”—many of whom shared Museveni’s sense of entitlement to political office rooted in their contribution to the 1980-1985 liberation war, and some of whom probably had an eye on his seat.

By 2005 the purge was at its peak; that year the constitutional amendment that removed presidential term limits—passed after a bribe to every legislator—saw almost all insiders that were opposed to it, summarily dismissed. As many of them joined the ranks of the opposition, Museveni’s inner circle was left with mainly sycophants whose loyalty was more hinged on patronage than anything else. Questioning the president or harboring presidential ambitions within the NRM had become tantamount to a crime.

By 2011 the process was almost complete, with the dismissal of Vice President Gilbert Bukenya, whose growing popularity among rural farmers was interpreted as a nascent presidential bid, resulting in his firing.

One man remained standing, Museveni’s long-time friend Amama Mbabazi. His friendship with Museveni had long fueled rumors that he would succeed “the big man” at some point. In 2015, however, his attempt to run against Museveni in the ruling party primaries also earned him an expulsion from both the secretary general position of the ruling party as well as the prime ministerial office.

The departure of Mbabazi marked the end of any pretensions to a succession plan within the NRM. He was unpopular, with a record tainted by corruption scandals and complicity in Museveni’s authoritarianism, but his status as a “president-in-waiting” had given the NRM at least the semblance of an institution that could survive beyond Museveni’s tenure, which his firing effectively ended.

What is left now is perhaps only the “Muhoozi project,” a supposed plan by Museveni to have his son Muhoozi Kainerugaba succeed him. Lately it has been given credence by the son’s rapid rise to commanding positions in elite sections of the Ugandan military. But with an increasingly insecure Museveni heavily reliant on familial relationships and patronage networks, even the Muhoozi project appears very unlikely. What is clear, though, is that the over time, the presidency has essentially become Museveni’s property.

Exporting peace?

Fundamental to Museveni’s personalisation of power also has been the role of military conflict, both local and regional. First was the rebellion by Joseph Kony’s Lord’s Resistance Army in northern Uganda, which over its two-decade span enabled a continuation of the military ethos of the NRM. The war’s dynamics were indeed complex, and rooted in a longer history that predated even the NRM government, but undoubtedly it provided a ready excuse for the various shades of authoritarianism that came to define Museveni’s rule.

With war ongoing in the north, any challenge to Museveni’s rule was easily constructed as a threat to the peace already secured in the rest of the country, providing an absurd logic for clamping down on political opposition. More importantly, the emergency state born of it, frequently provided a justification for the president to side-step democratic institutions and processes, while at the same time rationalising the government’s disproportionate expenditure on the military. It also fed into Museveni’s self-perception as a “freedom fighter,” buttressed the personality cult around him, and empowered him to further undermine any checks on his power.

By the late 2000s the LRA war was coming to an end—but another war had taken over its function just in time. From the early 2000s, Uganda’s participation in a regional security project in the context of the War on Terror, particularly in the Somalian conflict, rehabilitated the regime’s international image and provided cover for the narrowing political space at home, as well as facilitating a further entrenchment of Museveni’s rule.

As post-9/11 Western foreign policy began to prioritise stability over political reform, Museveni increasingly postured as the regional peacemaker, endearing himself to donors while further sweeping the calls for democratic change at home under the carpet—and earning big from it.

It is easy to overlook the impact of these military engagements, but the point is that together they accentuated the role of the military in Ugandan politics and further entrenched Museveni’s power to degrees that perhaps even the NRM’s own roots in a guerrilla movement could never have reached.

Policing protest

The expulsion of powerful elites from the ruling circles and the politicisation of military conflict had just started to cement Musevenism, when a new threat emerged on the horizon. It involved not the usual antagonists—gun-toting rebels or ruling party elites—but ordinary protesters. And they were challenging the NRM on an unfamiliar battleground—not in the jungles, but on the streets: the 2011 “Walk-to-Work” protests, rejecting the rising fuel and food prices, were unprecedented.

But there is another reason the protests constituted a new threat. For long the NRM had mastered the art of winning elections. The majority constituencies were rural, and allegedly strongholds of the regime. The electoral commission itself was largely answerable to Museveni. With rural constituencies in one hand and the electoral body in the other, the NRM could safely ignore the minority opposition-dominated urban constituencies. Electoral defeat thus never constituted a threat to the NRM, at least at parliamentary and presidential levels.

But now the protesters had turned the tables, and were challenging the regime immediately after one of its landslide victories. The streets could not be rigged. In a moment, they had shifted the locus of Ugandan politics from the rural to the urban, and from institutional to informal spaces. And they were picking lessons from a strange source: North Africa. There, where Museveni’s old friend Gaddafi, among others, was facing a sudden exit under pressure from similar struggles. Things could quickly get out of hand. A strategic response was urgent.

The regime went into overdrive. The 2011 protests were snuffed out, and from then, the policing of urban spaces became central to the logic and working of the Museveni state. Draconian laws on public assembly and free speech came into effect, enacted by a rubber-stamp parliament that was already firmly in Museveni’s hands. Police partnered with criminal gangs, notably the Boda Boda 2010, to curb what was called “public disorder”—really the official name for peaceful protest. As police’s mandate expanded to include the pursuit of regime critics, its budget ballooned, and its chief, General Kale Kayihura, became the most powerful person after Museveni—before his recent dismissal.

For a while, the regime seemed triumphant. Organising and protest became virtually impossible, as urban areas came under 24/7 surveillance. Moreover, key state institutions—the parliament, electoral commission, judiciary, military and now the police—were all in the service of the NRM, and all voices of dissent had been effectively silenced. In time, the constitution would be amended again, by the NRM-dominated house, this time to remove the presidential age limit—the last obstacle to Museveni’s life presidency—followed by a new tax on social media, to curb “gossip.” Museveni was now truly invincible. Or so it seemed.

But the dreams of “walk-to-work”—the nightmare for the Museveni state—had never really disappeared, and behind the tightly-patrolled streets always lay the simmering quest for change. That is how we arrived at the present moment, with a popstar representing the widespread aspiration for better government, and a seemingly all-powerful president suddenly struggling for legitimacy. Whatever direction the current popular struggles ultimately take, what is certain is that they are learning well from history, and are a harbinger of many more to come.

This post is from a new partnership between Africa Is a Country and The Elephant. We will be publishing a series of posts from their site once a week.

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Politics

The Enduring Blind Spots of America’s Africa Policy

America should move way from making the military the face of its engagement with Africa and instead invest in deepening democracy as a principled approach rather than a convenient choice.

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The Enduring Blind Spots of America's Africa Policy
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While Donald Trump’s administration completely neglected America-Africa relations, the blind spots bedeviling America’s Africa policy preceded his 2016 election. Correcting the systemic flaws of the past 30 years will require a complete rethink after the controversial President’s departure.

To remedy America’s Africa policy, President Joseph Biden’s administration should pivot away from counterterrorism to supporting democratic governance as a principal rather than as mere convenience, and cooperate with China on climate change, peace, and security on the continent.

America’s Africa policy 

America’s post-Cold War Africa policy has had three distinct and discernible phases. The first phase was an expansionist outlook undergirded by humanitarian intervention. The second was nonintervention, a stance triggered by the experience of the first phase. The third is the use of “smart” military interventions using military allies.  

The turning point for the first phase was in 1989 when a victorious America pursued an expansive foreign policy approach predicated on humanitarian intervention. Somalia became the first African test case of this policy when, in 1992, America sent almost 30,000 troops to support Operation Restore Hope’s humanitarian mission which took place against the background of the collapse of the Somalia government in 1991.

On 3-4 October 1993, during the Battle of Mogadishu, 18 US servicemen were killed in a fight with warlords who controlled Mogadishu then, and the bodies of the marines dragged through the streets of Mogadishu. The media coverage increased pressure on the politicians and six months later America withdrew from Somalia — a case of the New World Order meeting the harsh reality of civil conflict.

The chastening experience resulted in America scaling back its involvement in internal conflicts in far-flung places. The result was the emergence of the second phase — non-engagement when Rwanda’s Genocide erupted in 1994 and almost a million people died in 100 days revealed the limitations of over-correcting the Somalia experience. This “non-interference” phase lasted until the twin Nairobi and Dar es Salaam US embassy bombings by Al Qaeda in 1998.

This gave way to the third phase with the realisation that the new threat to America was no longer primarily from state actors, but from transnational non-state actors using failing states as safe havens. The 2002 National Security Strategy states: “the events of September 11, 2001, taught us that weak states . . . can pose as a great danger to our national interests as strong states.”

Counterterrorism training and equipping of African militaries is the central plank of this new security policy. As a result, counterterrorism funding has skyrocketed as has America’s military footprint in Africa. As a result, Africa has become the theatre in which the Global forever War on Terror is fought.

The counterterrorism traps 

The reflexive reaction to the events of September 11 2001 spawned an interlocking web of covert and overt military and non-military operations. These efforts, initially deemed necessary and temporary, have since morphed into a self-sustaining system complete with agencies, institutions and a specialised lingo that pervades every realm of America’s engagement with Africa.

The United States Africa Command (Africom) is the vehicle of America’s engagement with the continent. Counterterrorism blurred the line between security, development, and humanitarian assistance with a host of implications including unrelenting militarisation which America’s policy establishment embraced uncritically as the sine qua non of America’s diplomacy, their obvious flaws notwithstanding. The securitisation of problems became self-fulfilling and self-sustaining.

The embrace of counterterrorism could not have come at a worse time for Africa’s efforts at democratization. In many African countries, political and military elites have now developed a predictable rule-based compact governing accession to power via elections rather than the coups of the past.

“Smart” African leaders exploited the securitised approach in two main ways: closing the political space and criminalising dissent as “terrorism” and as a source of free money. In Ethiopia, Yonatan Tesfaye, a former spokesman of the Semayawi (Blue) Party, was detained in December 2015 on charges under Article 4 of Ethiopia’s Anti-Terrorism Proclamation ((EATP), arguably one of the the country’s most severe pieces of legislation. But Ethiopia has received millions of dollars from the United States.

The Department of Defense hardly says anything in public but gives out plenty of money without asking questions about human rights and good governance. Being a counterterrorism hub has become insurance policy against any form of criticism regardless of state malfeasance.

Egypt is one such hub. According to the Congressional Research Service, for the 2021 financial year, the Trump Administration has requested a total of US$1.4 billion in bilateral assistance for Egypt, which Congress approved in 2018 and 2019. Nearly all US funding for Egypt comes from the Foreign Military Finance (FMF) account and is in turn used to purchase military equipment of US origin, spare parts, training, and maintenance from US firms.

Another country that is a counterterrorism hub in the Horn of Africa is Ethiopia. For the few months they were in charge, the Union of Islamic Courts (ICU) brought order and stability to the country.  Although they were linked to only a few of Mogadishu’s local courts, on 24 December 2006, Ethiopia’s military intervened in Somalia to contain the rise of Al Shabaab’s political and military influence.

The ouster of the ICU by Ethiopia aggravated the deep historical enmity between Somalia and Ethiopia, something Al Shabaab — initially the youth wing of the ICU — subsequently exploited through a mix of Somali nationalism, Islamist ideology, and Western anti-imperialism. Al Shabaab presented themselves as the vanguard against Ethiopia and other external aggressors, providing the group with an opportunity to translate their rhetoric into action.

Ethiopia’s intervention in Somalia could not have taken place without America’s blessing. The intervention took place three weeks after General John Abizaid, the commander of US forces from the Middle East to Afghanistan, met with the then Ethiopian Prime Minister Meles Zenawi.  The intervention generated a vicious self-sustaining loop. Ethiopians are in Somalia because of Al Shabaab, and Al Shabaab says they will continue fighting as long as foreign troops are inside Somalia.

America has rewarded Ethiopia handsomely for its role as the Horn of Africa’s policeman. In both Ethiopia’s and Egypt’s case, on the score of human rights and good governance, the net losers are the citizens.

Drone attacks 

In keeping with the War on Terror being for forever, and despite departing Somalia in 1993, America outsourced a massive chunk of the fight against Al Shabaab to Ethiopia primarily, and later, to AMISOM. America is still engaged in Somalia where it has approximately 800 troops, including special forces that help train Somalia’s army to fight against Al Shabaab.

America carried out its first drone strike in Somalia in 2011 during President Barack Obama’s tenure. Under the Trump administration, however, the US has dramatically increased the frequency of drone attacks and loosened the oversight required to approve strike targets in Somalia. In March 2017, President Trump secretly designated parts of Somalia “areas of active hostilities”, meaning that the high-level inter-agency vetting of proposed strikes and the need to demonstrate with near certainty that civilians would not be injured or killed no longer applied. Last year, the US acknowledged conducting 63 airstrikes in the country, and in late August last year, the US admitted that it had carried out 46 strikes in 2020.

A lack of transparency regarding civilian casualties and the absence of empirical evidence that the strikes lead to a reduction in terrorism in Somalia suggest that expanding to Kenya would be ill-advised. The US has only acknowledged having caused civilian casualties in Somalia three times. Between 2016 and 2019, AFRICOM failed to conduct a single interview with civilian witnesses of its airstrikes in Somalia.

Despite this level of engagement, defeating Al Shabaab remains a remote possibility.

Containing the Chinese takeover 

The Trump Administration did not have an Africa policy. The closest approximation of a policy during Trump’s tenure was stated in a speech delivered by John Bolton at a Conservative think tank decrying  China’s nefarious activities in Africa.  Even with a policy, where the counterterrorism framework views Africa as a problem to be solved by military means, the containing China policy views African countries as lacking the agency to act in their own interests. The problem with this argument is that it is patronising; Africans cannot decide what is right for them.

Over the last decades, while America was busy creating the interlocking counterterrorism infrastructure in Africa, China was building large-scale infrastructure across the continent. Where America sees Africa as a problem to be solved, China sees Africa as an opportunity to be seized.

Almost two years into the Trump administration, there were no US ambassadors deployed in 20 of Africa’s 54 countries even while America was maintaining a network of 29 military bases.  By comparison China, has 50 embassies spread across Africa.

For three consecutive years America’s administration has proposed deep and disproportionate cuts to diplomacy and development while China has doubled its foreign affairs budget since 2011. In 2018, China increased its funding for diplomacy by nearly 16 per cent and its funding for foreign aid by almost 7 per cent.

As a show of how engagement with Africa is low on the list of US priorities, Trump appointed a luxury handbag designer as America’s ambassador to South Africa on 14 November 2018. Kenya’s ambassador is a political appointee who, when he is not sparring with Kenyans on Twitter, is supporting a discredited coal mining project.

The US anti-China arguments emphasize that China does not believe in human rights and good governance, and that China’s funding of large infrastructure projects is essentially debt-trap diplomacy. The anti-China rhetoric coming from American officials is not driven by altruism but by the realisation that they have fallen behind China in Africa.

By the middle of this century Africa’s population is expected to double to roughly two billion. Nigeria will become the second most populous country globally by 2100, behind only India. The 24-country African Continental Free Trade Agreement (AfCFTA) entered into force on 30 May 2019. AfCFTA will ultimately bring together all 55 member states of the African Union covering a market of more than 1.2 billion people — including a growing middle class — and a combined gross domestic product (GDP) of more than US$3.4 trillion.

While Chinese infrastructure projects grab the headlines, China has moved into diversifying its engagement with Africa. The country has increased its investments in Africa by more than 520 per cent over the last 15 years, surpassing the US as the largest trading partner for Africa in 2009 and becoming the top exporter to 19 out of 48 countries in sub-Saharan Africa.

Some of the legacy Chinese investments have come at a steep environmental price and with an unsustainable debt. Kenya’s Standard Gauge Railway is bleeding money and is economically unviable.

A fresh start

Supporting democratic governance and learning to cooperate with China are two areas that will make America part of Africa’s future rather than its past.

America should pivot way from making the military the most visible face of its engagement with Africa and instead invest in deepening democracy as a principled approach rather than a convenient choice.

Despite the elegy about its retreat in Africa, democracy enjoys tremendous support. According to an Afro barometer poll, almost 70 per cent of Africans say democracy is their preferred form of government. Large majorities also reject alternative authoritarian regimes such as presidential dictatorships, military rule, and one-party governments. Democracy, while still fledgling, remains a positive trend; since 2015, there have been 34 peaceful transfers of power.

However, such positive metrics go hand in hand with a worrying inclination by presidents to change constitutions to extend their terms in office. Since 2015, leaders of 13 countries have evaded or overseen the weakening of term limit restrictions that had been in place. Democracy might be less sexy, but ignoring it is perilous. There are no apps or switches to flip to arrest this slide. It requires hard work that America is well equipped to support but has chosen not to in a range of countries in recent years There is a difference between interfering in the internal affairs of a country and complete abdication or (in some cases) supporting leaders who engage in activities that are inimical to deepening democracy.

The damage wrought by the Trump presidency and neo-liberal counterterrorism policies will take time to undo, but symbolic efforts can go a long way to bridging the gap.

America must also contend with China being an indispensable player in Africa and learn to cooperate rather than compete in order to achieve optimal outcomes.

China has 2,458 military and police personnel serving in eight missions around the globe, far more than the combined contribution of personnel by the other four permanent members of the UN Security Council, Russia, the US, France and Britain. China had more than 2,400 Chinese troops take part in seven UN peacekeeping missions across the continent — most notably in Mali and South Sudan. Of the 14 current UN peacekeeping missions, seven are in Africa, consuming two-thirds of the budget.

Climate change and conflict resolution provide opportunities for cooperation. Disproportionate reliance on rain-fed agriculture and low adaptation to the adverse impact of climate change make Africa vulnerable to the damaging effects of climate change, the consequences of which will transcend Africa. Through a combination of research, development, technological transfer and multilateral investment, America and China could stave off the impact of climate change in Africa.

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Hijacking Kenya’s Health Spending: Companies Linked to Powerful MP Received Suspicious Procurement Contracts

Two obscure companies linked to Kitui South MP Rachael Kaki Nyamai were paid at least KSh24.2 million to deliver medical supplies under single-source agreements at the time the MP was chair of the National Assembly’s Health Committee.

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Hijacking Kenya’s Health Spending: Companies Linked to Powerful MP Received Suspicious Procurement Contracts
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Two obscure companies linked to Kitui South MP Rachael Kaki Nyamai were paid at least KSh24.2 million to deliver medical supplies under single-source agreements at the time the MP was chair of the National Assembly’s Health Committee, an investigation by Africa Uncensored and The Elephant has uncovered.

One of the companies was also awarded a mysterious Ksh 4.3 billion agreement to supply 8 million bottles of hand sanitizer, according to the government’s procurement system.

The contracts were awarded in 2015 as authorities moved to contain the threat from the Ebola outbreak that was ravaging West Africa and threatening to spread across the continent as well as from flooding related to the El-Nino weather phenomenon.

The investigation found that between 2014 and 2016, the Ministry of Health handed out hundreds of questionable non-compete tenders related to impending disasters, with a total value of KSh176 billion including three no-bid contracts to two firms, Tira Southshore Holdings Limited and Ameken Minewest Company Limited, linked to Mrs Nyamai, whose committee oversaw the ministry’s funding – a clear conflict of interest.

Number of Suppliers Allocated BPAAlthough authorities have since scrutinized some of the suspicious contracts and misappropriated health funds, the investigation revealed a handful of contracts that were not made public, nor questioned by the health committee.

Mrs Nyamai declined to comment for the story.

Nyamai has been accused by fellow members of parliament of thwarting an investigation of a separate alleged fraud. In 2016, a leaked internal audit report accused the Ministry of Health — colloquially referred to for its location at Afya House — of misappropriating funds in excess of nearly $60 million during the 2015/2016 financial year. Media stories described unauthorized suppliers, fraudulent transactions, and duplicate payments, citing the leaked document.

Members of the National Assembly’s Health Committee threatened to investigate by bringing the suppliers in for questioning, and then accused Nyamai, the committee chairperson, of blocking their probe. Members of the committee signed a petition calling for the removal of Nyamai and her deputy, but the petition reportedly went missing. Nyamai now heads the National Assembly’s Committee on Lands.

Transactions for companies owned by Mrs Nyamai’s relatives were among 25,727 leaked procurement records reviewed by reporters from Africa Uncensored, Finance Uncovered, The Elephant, and OCCRP. The data includes transactions by eight government agencies between August 2014 and January 2018, and reveals both questionable contracts as well as problems that continue to plague the government’s accounting tool, IFMIS.

The Integrated Financial Management Information System was adopted to improve efficiency and accountability. Instead, it has been used to fast-track corruption.

Hand sanitizer was an important tool in fighting transmission of Ebola, according to a WHO health expert. In one transaction, the Ministry of Health paid Sh5.4 million for “the supply of Ebola reagents for hand sanitizer” to a company owned by a niece of the MP who chaired the parliamentary health committee. However, it’s unclear what Ebola reagents, which are meant for Ebola testing, have to do with hand sanitizer. Kenya’s Ministry of Health made 84 other transactions to various vendors during this period, earmarked specifically for Ebola-related spending. These included:

  • Public awareness campaigns and adverts paid to print, radio and tv media platforms, totalling at least KSh122 million.
  • Printed materials totalling at least KSh214 million for Ebola prevention and information posters, contact tracing forms, technical guideline and point-of-entry forms, brochures and decision charts, etc. Most of the payments were made to six obscure companies.
  • Ebola-related pharmaceutical and non-pharmaceutical supplies, including hand sanitizer
  • Ebola-related conferences, catering, and travel expenses
  • At least KSh15 millions paid to a single vendor for isolation beds

Hacking the System

Tira Southshore Holdings Limited and Ameken Minewest Company Limited, appear to have no history of dealing in hygiene or medical supplies. Yet they were awarded three blanket purchase agreements, which are usually reserved for trusted vendors who provide recurring supplies such as newspapers and tea, or services such as office cleaning.

“A blanket agreement is something which should be exceptional, in my view,” says former Auditor-General, Edward Ouko.

But the leaked data show more than 2,000 such agreements, marked as approved by the heads of procurement in various ministries. About KSh176 billion (about $1.7 billion) was committed under such contracts over 42 months.

“Any other method of procurement, there must be competition. And in this one there is no competition,” explained a procurement officer, who spoke generally about blanket purchase agreements on background. “You have avoided sourcing.”

The Ministry of Health did not respond to detailed questions, while Mrs Nyamai declined to comment on the contracts in question.

Procurement experts say blanket purchase agreements are used in Kenya to short-circuit the competitive process. A ministry’s head of procurement can request authority from the National Treasury to create blanket agreements for certain vendors. Those companies can then be asked by procurement employees to deliver supplies and services without competing for a tender.

Once in the system, these single-source contracts are prone to corruption, as orders and payments can simply be made without the detailed documentation required under standard procurements. With limited time and resources, government auditors say they struggle especially with reconciling purchases made under blanket agreements.

The agreements were almost always followed by standard purchase orders that indicated the same vendor and the same amount which is unusual and raises fears of duplication. Some of these transactions were generated days or weeks after the blanket agreements, many with missing or mismatched explanations. It’s unclear whether any of these actually constituted duplicate payments.

For example, the leaked data show two transactions for Ameken Minewest for Sh6.9 million each — a blanket purchase order for El Nino mitigation supplies and a standard order for the supply of chlorine tablets eight days later. Tira Southshore also had two transactions of Sh12 million each — a blanket purchase for the “supply of lab reagents for cholera,” and six days later a standard order for the supply of chlorine powder.

Auditors say both the amounts and the timing of such payments are suspicious because blanket agreements should be paid in installments.

“It could well be a duplicate, using the same information, to get through the process. Because you make a blanket [agreement], then the intention is to do duplicates, so that it can pass through the cash payee phase several times without delivering more,” said Ouko upon reviewing some of the transactions for Tira Southshore. This weakness makes the IFMIS system prone to abuse, he added.

In addition, a KSh4 billion contract for hand sanitizer between the Health Ministry’s Preventive and Promotive Health Department and Tira Southshore was approved as a blanket purchase agreement in April 2015. The following month, a standard purchase order was generated for the same amount but without a description of services — this transaction is marked in the system as incomplete. A third transaction — this one for 0 shillings — was generated 10 days later by the same procurement employee, using the original order description: “please supply hand sanitizers 5oomls as per contract Moh/dpphs/dsru/008/14-15-MTC/17/14-15(min.no.6).

Reporters were unable to confirm whether KSh4 billion was paid by the ministry. The leaked data doesn’t include payment disbursement details, and the MOH has not responded to requests for information.

“I can assure you there’s no 4 billion, not even 1 billion. Not even 10 million that I have ever done, that has ever gone through Tira’s account, through that bank account,” said the co-owner of the company, Abigael Mukeli. She insisted that Tira Southshore never had a contract to deliver hand sanitizer, but declined to answer specific questions. It is unclear how a company without a contract would appear as a vendor in IFMIS, alongside contract details.

It is possible that payments could end up in bank accounts other than the ones associated with the supplier. That is because IFMIS also allowed for the creation of duplicate suppliers, according to a 2016 audit of the procurement system. That audit found almost 50 cases of duplication of the same vendor.

“Presence of active duplicate supplier master records increases the possibility of potential duplicate payments, misuse of bank account information, [and] reconciliation issues,” the auditors warned.

They also found such blatant security vulnerabilities as ghost and duplicate login IDs, deactivated requirements for password resets, and remote access for some procurement employees.

Credit: Edin Pasovic/OCCRP

Credit: Edin Pasovic/OCCRP

IFMIS was promoted as a solution for a faster procurement process and more transparent management of public funds. But the way the system was installed and used in Kenya compromised its extolled safeguards, according to auditors.

“There is a human element in the system,” said Ouko. “So if the human element is also not working as expected then the system cannot be perfect.”

The former head of the internal audit unit at the health ministry, Bernard Muchere, confirmed in an interview that IFMIS can be manipulated.

Masking the Setup

Ms Mukeli, the co-owner of Tira Southshore and Ameken Minewest, is the niece of Mrs Nyamai, according to local sources and social media investigation, although she denied the relationship to reporters. According to her LinkedIn profile, Ms Mukeli works at Kenya Medical Supplies Agency, a medical logistics agency under the Ministry of Health, now embroiled in a COVID procurement scandal.

Ms Mukeli’s mother, who is the MP’s elder sister, co-owns Icpher Consultants Company Ltd., which shares a post office box with Tira Southshore and Mematira Holdings Limited, which was opened in 2018, is co-owned by Mrs Nyamai’s husband and daughter, and is currently the majority shareholder of Ameken Minewest. Documents also show that a company called Icpher Consultants was originally registered to the MP, who was listed as the beneficial owner.

Co-owner of Tira Southshore Holdings Limited, Abigael Mukeli, described the company to reporters as a health consulting firm. However Tira Southshore also holds an active exploration license for the industrial mining in a 27-square-kilometer area in Kitui County, including in the restricted South Kitui National Reserve. According to government records, the application for mining limestone in Mutomo sub-county — Nyamai’s hometown — was initiated in 2015 and granted in 2018.

Mukeli is also a minority owner of Ameken Minewest Company Limited, which also holds an active mining license in Mutomo sub-county of Kitui, in an area covering 135.5 square kilometers. Government records show that the application for the mining of limestone, magnesite, and manganese was initiated in 2015 and granted in 2018. Two weeks after the license was granted, Mematira Holdings Limited was incorporated, with Nyamai’s husband and daughter as directors. Today, Mematira Holdings is the majority shareholder of Ameken Minewest, which is now in the process of obtaining another mining license in Kitui County.

According to public documents, Ameken also dabbles in road works and the transport of liquefied petroleum gas. And it’s been named by the Directorate of Criminal Investigations in a fuel fraud scheme.

Yet another company, Wet Blue Proprietors Logistics Ltd., shares a phone number with Tira Southshore and another post office box with Icpher Consultants Company Ltd., according to a Kenya National Highway Authority list of pre-qualified vendors.

Family LinksMrs Nyamai and her husband co-own Wet Blue. The consulting company was opened in 2010, the same year that the lawmaker completed her PhD work in HIV/AIDS education in Denmark.

Wet Blue was licenced in 2014 as a dam contractor and supplier of water, sewerage, irrigation and electromechanical works. It’s also listed by KENHA as a vetted consultant for HIV/AIDS mitigation services, together with Icpher Consultants.

It is unclear why these companies are qualified to deliver all these services simultaneously.

“Shell companies receiving contracts in the public sector in Kenya have enabled corruption, fraud and tax evasion in the country. They are literally special purpose vehicles to conduct ‘heists’ and with no track record to deliver the public goods, works or services procured,” said Sheila Masinde, executive director of Transparency International-Kenya.

Both MOH and Ms Mukeli refused to confirm whether the ordered supplies were delivered.

Mrs Nyamai also co-owns Ameken Petroleum Limited together with Alfred Agoi Masadia and Allan Sila Kithome.

Mr Agoi is an ANC Party MP for Sabatia Constituency in Vihiga County, and was on the same Health Committee as Mrs Nyamai, a Jubilee Party legislator. Mr Sila is a philanthropist who is campaigning for the Kitui County senate seat in the 2022 election.

Juliet Atellah at The Elephant and Finance Uncovered in the UK contributed reporting.

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