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UTHAMAKI, GOD AND THE ECONOMY: ‘Tano Tena’ fails to deliver the Kingdom of Prosperity

As the economy takes a turn for the worse, many of President Uhuru Kenyatta’s disappointed followers are seeking solace in religion. By DAUTI KAHURA

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UTHAMAKI, GOD AND THE ECONOMY: ‘Tano Tena’ fails to deliver the Kingdom of Prosperity
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1 October 2018 was a market Monday just like any other that has come and gone at the Githurai fruits and vegetables market, one of the busiest markets in Nairobi that is located 10 km from the central business district. Githurai Market is busy because its catchment area spreads all the way to Thika town and its environs. Although the older and more famous Wakulima Market, aka Marigiti, located in Nairobi’s CBD, could be busier, its market reach is not as widespread and does not go as deep into the hinterland as Githurai Market does. But, just like Marigiti, Githurai’s produce is transported from as far as Mbeya in southern Tanzania and Soroti in eastern Uganda.

This year has been one of the toughest years that the market women at Githurai Market have faced in recent times. Six out of every ten traders at Githurai Market are women. The market is largely run by resilient and seasoned female fruit-and-vegetable sellers, all of whom are Kikuyus and who in the true sense of the word, are entrepreneurs, whose grasp of the trade encapsulates the dictum: What they did not teach you at Harvard (or Yale) School of Business.

It was not the first time I was going to Githurai Market; this year alone, I have made enough trips there to get to grips with what makes the market tick, engaging with the women traders, sharing lots of cups of tea and chapatis, as well as listening to their stories about the funnier side of the market’s shenanigans.

That the market women had great faith that the economy would improve and eventually stabilise had become a point of sore contention between them and me. I often asked them what miracle they expected President Uhuru Kenyatta to perform to wish away their economic woes.

All of this year, the market women have kept telling me how bad business has been. But strong-willed and tough-spirited as they are, they have held on to their undying optimism and belief that matters will eventually even out; in the long run, the economy will be fine and everything will flow smoothly. Their optimism is not pegged on any economic principle or the variables of fresh produce market dynamics, but on the presumption of a shared political-cum-tribal commonality through imagined ties with the ruling Kikuyu elite (referred to as Uthamaki). Hence, their presumed political correctness and unquestioned and unparalleled loyalty; in their minds, their Kikuyu tribe ought to serve as an economic shield, especially in tough economic times. “Uhuru ndangerika tuone uru. Kai twamucaguraga wake?” (Uhuru cannot let us suffer. That is not the reason we elected him.) The women’s unshaken faith in President Uhuru Kenyatta, in the face of very obvious economic turbulence, is truly puzzling, but also admirable.

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That the market women had great faith that the economy would improve and eventually stabilise had become a point of sore contention between them and me. I often asked them what miracle they expected President Uhuru Kenyatta to perform to wish away their economic woes. The country had mounting debts that ran into trillions of shillings, runaway theft that had crippled the state coffers in his first term and a Standard Gauge Railway project that had turned into a white elephant was gobbling Sh750 million in losses every month. Their chorus answer was always: “We should not keep saying the economy is bad. God is on our side and He will protect us.” It was a curt answer to a painful situation that threatened to fester indefinitely and which they were not prepared to talk about openly and publicly.

Sometime in July, when I told them that the government would impose Value Added Tax (VAT) on fuel come September, they outright rebuked me: “Aaah Uhuru ndangetikira.” (Nah, Uhuru will not consent to such an arrangement.) The VAT came and Kenyans immediately started experiencing the impact of the harsh tax. Matatu Saccos hiked fares overnight and kerosene prices shot up.

Meanwhile, the Githurai Market women’s optimism and faith in the person of President Uhuru was getting blurred and confusing. On this Monday, their spirits were beginning to break. It was 10.30am and the market was dull, inactive and quiet. The hustle and bustle had disappeared. The brisk business that used to be a permanent feature at the market throughout the week had whittled away. Something was just not working right, the unswerving belief in President Kenyatta’s “political abracadabra” and perpetual trust in the eternal Almighty notwithstanding.

To kill time as they waited for customers, the market women spontaneously formed a quasi-baraza and delved into the politics of the day. “Nitwarie caruruku,” said one woman, meaning “Let us brutally and honestly talk with one another other”. “Ithue nio ahari aa rua, no one riu uria turaria thina” (We are the people who do the lowest of the menial jobs, but look how now we are suffering). The Kikuyu idiom she used describes men who scrub and treat animal skins for a living. It is considered the lowliest job that any man could do.

“We supported Uhuru to the hilt but look at what he is doing to us now,” said one of the women. The trader said that President Uhuru had annoyed them so much that they did not want to have anything to do with him. It is obvious that it took a lot of courage to be publicly emotional about President Uhuru, a sacrosanct subject among Uthamaki loyalists, but the fact of the matter is that the market women are hurting financially and the prevailing political climate is anything but reassuring.

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“Ni gaitu ga gweciarira” (It is our very own son) had been the rallying call for the market women to come out in large numbers and vote for President Uhuru in the August 8 and repeat October 26 elections. In this ethnic logic, their son had let them down terribly and now they had their back against the wall: First, the VAT on fuel had increased the transport expenditure of many of the traders who bring in fresh produce from within and across the county’s boundaries by more than Sh5,000 per trip, per truck. Second, the economic hardship was slowly resuscitating the proscribed Mungiki gang.

The nefarious activities of the Mungiki was another taboo topic: in public, they defended the youth, arguing that as their sons, they offered protection to them at the market, ensuring it was not invaded by intruders. During the repeat presidential election on October 26, many of the so-called Nairobi Business Community (a pseudonym for Mungiki) ferried to the CBD were from Githurai. “If we didn’t have these youth, who would have protected the Kikuyu businesses in the city centre?” the women challenged me. But in private, the women dreaded “their sons”. The Mungiki blackmailed and extorted money from them. In the words of one market woman, “They reap where they do not sow.”

Githurai Market is completely under the control of Mungiki godfathers who live in the sprawling Githurai neighbourhoods, especially those bordering the railway. All the trucks that offload fresh produce pay protection fees to their agents. The police and the community are aware of these activities, but at Githurai Market and its environs, nobody mentions the M word; when the youth come to collect money, no banter is exchanged. The communication rules are very clearly spelt out – have the loot ready for the young man to pick up and no delays or asking unsolicited questions. “Now,” said one trader to me in low tones, “the godfathers are demanding cash from not only the trucks, but they have sent word that the traders should now start paying ‘Mungiki Tax’”. The traders know what will befall them if they refuse to pay up. “Mungiki don’t blackmail Luos, they don’t chop Luo heads, it’s our sons that they will start killing.”

Githurai Market is completely under the control of Mungiki godfathers who live in the sprawling Githurai neighbourhoods, especially those bordering the railway. All the trucks that offload fresh produce pay protection fees to their agents. The police and the community are aware of these activities, but at Githurai Market and its environs, nobody mentions the M word

At the Githurai roundabout, Mungiki youth had erected a banner that read: Githurai Chapter of Nairobi Business Community supports Uhuru Kenyatta. A month ago, their vibandas (sheds) mounted on the Thika superhighway’s shoulders were demolished by a combined force of regular police, Administration Police (AP) and city askaris. “Why is Uhuru so careless and merciless?” asked a woman trader in total confusion. “Why is he demolishing businesses run by these youths? Does he know what he is doing? The trader said President Uhuru in just one swoop had unleashed Mungiki youth on them. “Turihetukagira ku riu?” (Where will we be passing now?)

The market women, in their ingenuity, had come up with a super idea: summon all these youth and give them fresh produce, mostly fruits, on credit to sell on the roadsides. Whatever they could not sell, they could return. It was a win-win solution for the youth and the women traders. Now even that idea had been undone by President Uhuru: The Mungiki youth who had been conscripted by the Jubilee Party to ostensibly “protect” Kikuyu businesses in the city centre were about to turn on their own, as they always do when faced with economic hardship.

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The women now questioned the utilitarian value of President Uhuru’s presidency to them, specifically as members of the House of Mumbi. “Uthamaki wa Uhuru ututeithetie na ke? (How has President Uhuru’s presidency helped us?) “Tungethura kihii riua ritigethua?” (If we elect an uncircumcised man (to be the president), will the sun not set?) The reference to circumcision was directed at Raila Odinga, President Uhuru’s chief rival during the election.

Still, after releasing all their frustrations and anger against their muthamaki (king/ruler), the traders were agreed in unison that “Mwathani nii ngutukinyaniria” (The Lord will protect us). Then they broke into the chorus of a famous Kikuyu song: Onei! Ni Wendo Utarii Atia – Look! What Great Love without Measure.

Hutia ria keri Ngai wakwa
Ndige kuona marundurundu
Niigetha nyone wega Baba
Bururi uria ndi riragitira.

Touch me twice My Lord
That I stop seeing darkness
So that I can see clearly my Father
The promised country I desire.

That weekend, I had attended a graduation party in one of Nairobi’s leafy suburbs, and although it was an opportunity to make merry while the sun shone, the prevailing religious undertones of the gathering could not be missed: three evangelical pastors – two men and a woman – had been invited to offer up an abundance of prayers for the Bachelor of Arts graduate.

When each of the pastors stood to administer The Word, it quickly became obvious that the prayer-warriors’ messages were not exactly geared towards the celebration of a degree in a time of austerity and tough economic times; they were meant to reassure the people assembled there – all Kikuyus – that although it was clearly evident that there was an air of political confusion and economic uncertainty a year into President Uhuru Kenyatta’s second and final term, this was not a time to despair or lose hope, but rather a time to recommit and rededicate oneself to God.

“We’re going through the hardest economic times in recent times and many of the businesses are doing terribly badly, some are even collapsing,” said the first pastor who was invited to speak by the master of ceremony. “But we cannot give up because we know the good God is watching over us.” The pastor said it was at times like this that the people ought to rediscover their relationship with God.

When each of the pastors stood to administer The Word, it quickly became obvious that the prayer-warriors’ messages…were meant to reassure the people assembled there – all Kikuyus – that although it was clearly evident that there was an air of political confusion and economic uncertainty a year into President Uhuru Kenyatta’s second and final term, this was not a time to despair or lose hope, but rather a time to recommit and rededicate oneself to God.

“The Lord Almighty must have a good reason for allowing us to undergo these trials and tribulations,” reaffirmed the pastor to a crowd that looked like it was hanging to his every word. “We’re a special people, anointed by God, to be an example to other communities, of our fearfulness to Him,” said the preacher man, pausing momentarily and peering into the peoples’ eyes to let the message sink in. “We are fearfully made, unlike the gentiles, who, we know, have been always setting traps for us. But all their tricks will come to naught.”

Speaking like he was now in a holy sanctuary, the pastor promised the gathering that the blood of the lamb was with them and Jesus Christ had thrown a protection ring around them. “We know, Lord Jesus Christ, you’re going to fight our battles on our behalf, even as you shame our mortal enemies.” Reminding the crowd that it should always be aware that it is surrounded by adversaries, he proclaimed that they were a chosen people and, therefore. they had nothing to fear.

“Always take comfort that the Lord’s people have never been admired or liked. Has anybody ever liked the Jews?” wondered the pastor, his deliberate comparison of the Kikuyus to the Jews slipped in for effect. “We’re going to triumph – but it’s incumbent upon us to be steadfast, because our Lord Jesus Christ is seated at the throne. I know many are beginning to question the reason why we now seem to suffer so, but this is not the time to question the Lord.” As he went to take his seat, he asked the people to sing with him the following chorus:

Nii ni gwenda Ngai umenyage ningenaga muno niwe
Tondu niujikaga wega na ukanyenda hingo ciothe
Irio ciothe iria ndiaga, mai maria nyuaga
Ona nguo cia kwihumba ciothe nowee uheaga
Muoyo naguo niwe waheire, niwe ugiragia ngue
Ungetheingia hinya waku, ndingiikara gathaa kamwe.

Lord, I want you to know that I’m much pleased by you
Because you take good care of me and love me so always
All the food I eat, the water that quenches my thirst
Even the clothes that I wear, it is you who has always provided
You gave me life and you protect me from dying
If you ever removed your almighty power, I wouldn’t last even for a second.

The second pastor, unlike the first, was more circumspect. “We’ve fundamental problems in Mt Kenya region,” boomed the pastor-cum-university don. “And if we don’t solve these issues decisively and promptly, it’s not going to augur well for the community. The Kikuyu people have a problem with money: “Kwina gathina haha Central…nitukwenda twicirie uhoro wa handu hau…na ndigutenderia muno.” (We’ve have a problem here in Central [Kenya]…and it’s incumbent on us to ponder over that issue…and I will not rub it in.)

The pastor observed that the Kikuyus had abnegated everything else for money. They only think of making more and more money, said the pastor. “It’s a problem the community must come to terms with, as it also tackles the other socio-cultural norms that the community has negated. As it is, things are not good now and the businessmen seated here know what I’m talking about: the economy is going south, state theft in the government has become the order of the day and you know what, a lot of that theft has been perpetrated by our very own people.

“Today our children are graduating from universities, every year in big numbers, but we don’t have anywhere to take them. Employment opportunities are shrinking by the day and doing business in this country has become extremely difficult, much worse than it was several years ago. But we cannot give up, because we must never allow the devil to triumph. Yet, we as the Kikuyu people, should, as a matter of urgency, ponder very seriously over these legitimate and pertinent issues that are afflicting the community – now and in the years to come – which we are afraid of talking about them openly and publicly.”

As he sat down he invited the crowd to sing along with him, the hymnal lyrical chorus that to many Kikuyus comes naturally to their lips, just like the Lord’s Prayer.

Ngukinyukia oo kahora
Njerekeire ya matuini
Naninjui ningakinya
Ngahuruke na mwathani
Niwega Ngai muhonokia
Nake Jesu ni mugate,
Roho waku munyotokia
Nii ndikahuta, kana nyote

Step by step
Heaven bound
I know I’ll reach
To rest with my Lord
Thank you God, my saviour
And Lord Jesus is my bread,
You holiness is a blessing
I’ll never go hungry or thirsty.

“In times of socio-economic and political distress, Kikuyus rediscover their prayerfulness and religiosity to numb their political confusion and mitigate their hard economic times with endless beseeching prayers. Every igogona (socio-cultural ceremony) is an opportunity to unearth and sing select religious songs to presumably comfort them,” an Anglican Church of Kenya elder from Waithaka parish recently pointed out to me.

As the graduation bash was coming to end, a businessman who has operated in downtown Nairobi for 28 years, and who I have known for 20 of those years, pulled me aside to moan about the economic meltdown that was taking place on Gaberone Road, Kirinyaga Road, Kombo Munyiri Road, Munyu Road, Nyamakima area, Ngariama Road and River Road, the strongholds of Kikuyu business.

“Businesses are shutting down in real time as we watch. What the heck is going on? Why is Uhuru doing this to us?” This was a lamentation from an Uthamaki fundamentalist who barely a year before had dismissed my economic projections as the musings of a person who did not have a proper grasp of national politics and the economic underpinnings of a country like Kenya that was supposedly led by a businessman.

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“For the very first time, in all my years as a businessman, I’m seeing tenants unable to pay shop rents,” he said. “Ona igitunyuo mwana, ni ikagirio mungu,” he proclaimed to me. The literal translation of this Kikuyu saying is that if you snatch a baby from an ape, the least you can do is throw a pumpkin at it to assuage its loss. Figuratively, the businessman was telling me that while they were not expecting saintly treatment from President Uhuru, the least he should have done is shielded them from the faltering economy so that their businesses would not collapse, and they would not be run out of town.

“Businesses are shutting down in real time as we watch. What the heck is going on? Why is Uhuru doing this to us?” This was a lamentation from an Uthamaki fundamentalist who barely a year before had dismissed my economic projections as the musings of a person who did not have a proper grasp of national politics and the economic underpinnings of a country like Kenya that was supposedly led by a businessman.

Businesses worst hit by the sudden tax collection regime are the hundreds of electronics shops at Nyamakima area south-east of River Road, said my business friend. Completely colonised by Kikuyu businessmen and women, it is famous for its trade in cereals pioneered by brazen Kikuyu women, who in a single day are known to collect hundreds of thousands of shillings. In the last twenty years or so, there has been an explosion of miniature electronics outlets lining the alleyways of Nyamakima, which have made scores of young men, especially from Murang’a County, rich.

“I know electronic shops that have been run out of town, unable to pay monthly rent and unable to import any more goods. In fact, many of my friends’ goods have been stuck at the Mombasa port because of being slapped with a sudden humungous tax,” said the businessman. “To complicate matters for the electronics businessmen, many of them have been accused of importing counterfeit goods from China. Has the government just discovered they have been importing contraband? Because of this, their goods have been impounded, and many have lost hundreds of millions of shillings.”

None of the businessmen can afford to import enough goods from China single-handedly, so they usually come together as a group and buy goods that can fill a 40-foot container. “So, it is very possible that some businessmen import substandard goods, but the government has never given them a catalogue of specifications of the types of electronics that they should bring into the country.” The businessman said four of his friends had shut their shops. “Today walk down River Road and Kirinyaga Road and Munyu Road, you will see prime business premises empty, their tenants having vacated them.”

After the nullification of the August 8, 2017 presidential election, businesspeople from downtown Nairobi came out in the open to show their undying support for Uhuru Kenyatta. They hung banners across the roads that read: Munyu Road Business Community Supports President Uhuru Kenyatta and Nyamakima Business Community Supports Uhuru Muigai Kenyatta. Others read: Ni Kumira Kumira, Wembe in ule ule.

“Just 12 months down the line, businessmen are gnashing their teeth,” said the entrepreneur. “The banners have since been pulled down and now they have printed new banners such as, Traders & Importers Association – Stop Killing Our Businesses.”

A scene in Muigai wa Njoroge’s video of his popular song, Mbari ya Kimeendero (The Oppressors’ Clan), shows some people carrying a banner reading: Matunda ya Tano Tena ni #Gutee…Stop Harassing Our Businessess (The Fruits of Five More [a rallying call for support for Uhuru Kenyatta’ second term] was a waste [of time]).” The popular singer reminds his listeners (and the President) that “the Nyamakima businessmen community celebrated your Tano Tena (five more [years]) victory by slaughtering many goats…now their goods have been razed down and declared fake…The person who bewitched us (Kikuyus) must have been paid real well,” concludes the lyricist.

As the preacher woman at the graduation ceremony concluded her prayers, she called on the people to join her in the chorus:

Thutha wa magirio ma thii enu
Jesu niakajoya anyinukie
Jesu wakwa hiuha mbara enu ni nene

After all the trials and tribulations of this world
Jesus (Christ) will take me home
My Lord Jesus, please come quickly,
the battle before me is big.

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Mr Kahura is a senior writer for The Elephant.

Politics

SportPesa: It’s Time for This Kleptocracy to End Kenya’s Billion Dollar Sport Betting Curse

In 2017, a poll of African millennials revealed that Kenya’s youth are the biggest gamblers on the African continent.

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SportPesa: It's Time for This Kleptocracy to End Kenya's Billion Dollar Sport Betting Curse
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Today, The Guardian publishes an investigation we have carried out with them into Kenya’s biggest betting company, SportPesa. With its name emblazoned on the shirts of Premier League club Everton FC and a Formula One racing team, SportPesa is Kenya’s most powerful gambling firm – operating in a sector that sucks $2bn from Kenyans every year.

Its shareholders include Bulgarian businessmen, one of whom, Guerassim Nikolov, has a background in casinos and about whom historic concerns were raised in the Bulgarian media, which he vehemently denies. Its corporate structure is opaque. Our reporter, Lionel Faull, worked with Bivol, the Bulgarian investigative website, and The Guardian, to examine the inner workings of SportPesa. That piece is here.

Lionel also dug into the effect the gambling epidemic is having on Kenya’s youth. Here he reports on how one student activist became a victim of gambling addiction but who is now spearheading a campaign to bring about meaningful regulation. The activist also wants to see there is proper treatment for the hundreds of thousands of young addicted Kenyans who need help after having been lured into betting away money they can ill afford to lose.

As part of their lucrative five-year deal with SportPesa, Everton played a pre-season match in Kenya this month

In 2017, a poll of African millennials revealed that Kenya’s youth are the biggest gamblers on the African continent.

A year later I prepared to travel to Nairobi to research a story about SportPesa. We at Finance Uncovered were interested in its stunning success. Founded and run by politically connected Bulgarian businessmen in Nairobi in 2014, it is now the biggest of Kenya’s mushrooming sports betting companies. And as we report with the Guardian today, so successful has it been exploiting the gambling craze in Kenya it has opened a European headquarters in the UK.

While investigating, I was struck by the almost total lack of any comprehensive data about the wider industry in Kenya and its millions of punters.

Sure, multiple news articles celebrated the rags-to-riches tales of jackpot winners, some of whom just as suddenly revert to rags. Others narrated horrifying individual anecdotes of gambling addiction, depression and suicide.

The gambling regulatory authority’s online presence amounted to a single sub-page of the interior ministry’s website and there was seemingly no organisation offering tailored counselling to problem gamblers.

It was as if a vast, silent vacuum had settled in the gaps between the sports betting billboards which peered down on Nairobi’s scurrying pedestrians.
Finally, someone referred me to a gambling awareness website which was run on a volunteer basis by Nelson Bwire, a 24-year old economics student at Kenyatta University.

“A way of life”

I took the highway north out of the city to Bwire’s campus, past the football stadium that had recently welcomed English side Hull City FC for a SportPesa-sponsored exhibition match against Kenya’s top club team, Gor Mahia.

As we strolled along the university’s shrub-lined walkways, Bwire told me how he became addicted to sports betting.

It was 2013 and he was fresh out of high school, hanging out with mates and killing time on PlayStation.

One of them boasted how he had won money on a football match and showed Bwire how he could send cash via the ubiquitous mobile money platform M-Pesa to a website called JustBet, the only online sports betting platform in Kenya at the time.

“On my very first bet I put in KShs200 (£1.50) and won KShs4,800 (£35),” Bwire recalls. “I bet on four teams to win. I’ll never forget them. It was Swansea, Stoke, Arsenal and West Brom.”

The win was both a blessing and a curse: “It got me thinking this could be a way of life. It was a good experience, it seemed like fun. You could watch your team playing, and actually earn money doing it.”

“You want to become rich, doing nothing. You want shortcuts in life, and that’s your shortcut.

“As I continued betting, everything increased. The amount of bets, the amount of money, the amount of time. With friends, on my phone, with the room-mates I was living with. Most of us used to bet.

“After about a year and a half, I began to realise that none of us had money because the money we had, it goes to betting.”

Bwire estimated that over the 18-month period he was an avid gambler, he spent around KShs100,000 (£750) on football bets. To put this spending in context, his annual course tuition fee in 2015 was between KShs100,000-120,000 (£750-£900).

“The money I was betting with came from previous wins, pocket money from my parents, and other side jobs I was doing,” he explained.

“Loan sharks”

By late 2015, Bwire recalled that many sports betting companies had burst onto the scene, including SportPesa, and were advertising “vigorously” across Kenya. They were also active in and around the university, handing out flyers on campus and in the neighbouring estates where students live.

“I started to read stories in the media about people committing suicide, people gambling their fees, their rent money. And you also see the kind of life that gambling is sucking out of you. You are waking up and all you are planning is to bet. Whatever winnings you have in your betting account, you don’t even consider taking it out. You use it to bet again. It reached the point that I just called it quits.”

He also noticed how gambling was taking over other students’ lives. “You would go into the computer labs to do some research, or finish an assignment, and you would see screen after screen where students were just browsing sports betting sites,” he said.

“Students were borrowing money from loan sharks at predatory interest rates to fund their habit, and handing over their laptops or their national identity cards as collateral.”

Problem gambling

In 2016 Bwire initiated a campus-wide survey to gauge the extent of gambling among his fellow students.

It found that half of male students and one-third of females surveyed bet more than once a week; and that nearly half of all respondents admitted to one or more signs of problem gambling behaviour. [see sidebar].

He later wrote a proposal to the university about how to tackle problem gambling on campus and launched a gambling awareness campaign working closely with student counsellors.

Nelson Bwire (second right) with fellow gambling addiction awareness activists and student counsellors, Kenyatta University, Nairobi, Kenya (July 2018).

“Gambling is not something that I would want to see banned. No, I don’t take that hard line. But I think people should be aware of the risks and take responsible decisions,” Bwire said.

Soon to be an economics graduate, Bwire mused: “Right now Africa is growing, yes. But gambling problems will suppress African growth. The capital flight of gambling winnings that are going from Kenya to other places, that money should be in people’s hands. It should be in entrepreneurs’ hands. It should be in students’ hands.”

Shifting ground

Exactly a year after speaking to Bwire, I took the same road out of Nairobi, past the same stadium preparing to host another SportPesa-sponsored exhibition match, this time featuring Everton FC.

A hundred and fifty kilometres beyond the capital, deep in the countryside, SportPesa’s blue-and-white branding is plastered all over humble general shops in small roadside villages.

While SportPesa is the biggest player in Kenya, there are several others such as Betin, Premier Bet, 1X Bet and the UK-based Betway, which sponsors West Ham United in the English Premier League.

Huge billboards for betting companies greet you as you drive into bigger towns.

The inside sports pages of the newspaper I bought are filled with betting adverts, giving the day’s odds on matches from minor leagues in faraway countries.

But, after half a decade making billions in a largely unregulated environment, the ground is shifting underneath the betting industry’s feet.

A Gaming Bill has been introduced to Parliament that would overhaul a regulatory framework that was originally drafted in 1966.

Fred Matiang’i, the interior minister with a bulldog reputation, has given betting companies a month to settle their tax bills.

Citing a statistic that half a million Kenyan youth have been blacklisted for borrowing money they cannot repay, debt which Matiang’i attributed mostly to the betting craze, he declared: “This is a sector we must regulate.”

Last week, Matiang’i made good his threat when the betting regulator suspended 27 betting firms’ operating licences – including SportPesa – for alleged non-payment of taxes.

Safaricom, the mobile phone company which processes most of the mobile money transactions used to bet, was ordered to withhold their services to the blacklisted companies, and punters were given 48 hours to withdraw their money from their betting e-wallets.

The directives are thought to affect the majority of Kenya’s 12-million betting account holders, interrupting the flow of an estimated $2bn annually from their pockets to the industry.

SportPesa and others have protested vehemently, publishing their most recent tax compliance certificates in the press. SportPesa also pointed to a court order it obtained allowing it to continue operating pending finalisation of a dispute over payment of a percentage of punters’ winnings in tax.

Responding to suggestions about the rise of problem gambling in Kenya, the company told The Guardian it was a socially responsible business that placed a priority on local sports and community work.

In the midst of this febrile atmosphere, I give Bwire a call to find out how he’s doing and what he thinks of the clampdown.

Bwire has now left Kenyatta University, his graduation ceremony is later this month.

He continues to run his gambling awareness campaign on a part-time voluntary basis, but since we last spoke, his ambitions have grown: he is now preparing for it to go national.

He has registered a company, the Gaming Awareness Society of Kenya, and held a series of meetings with the betting regulator, urging them to introduce a countrywide gambling awareness campaign programme.

Nelson Bwire [R], founder of the newly-registered Gaming Awareness Society of Kenya, with Oluoch Ngicho [C], chief gaming inspector with the Kenyan Betting Control and Licensing Board (BCLB), and a colleague (February 2019)

Nelson Bwire [R], founder of the newly-registered Gaming Awareness Society of Kenya, with Oluoch Ngicho [C], chief gaming inspector with the Kenyan Betting Control and Licensing Board (BCLB), and a colleague (February 2019)

He is also partnering with a UK software company, Betban, to offer betting website blocking technology to universities; and approached one of Kenya’s largest nationwide network of counselling centres to introduce gambling addiction counselling.

But he is sceptical of the regulator’s motives for the crackdown: “If they were doing this in good faith, you might see some gambling addiction centres, some clinics, even just a little awareness created … they are just doing that for the tax.”

Bwire is echoing other commentators who see the directives as a thinly-disguised tax shakedown targeting the industry on behalf of the Kenyan revenue authorities and treasury who are under pressure to close a widening fiscal gap.

At a traditional wedding last weekend, President Uhuru Kenyatta referred to the crackdown explicitly. He said: “The firms should stop threats that they will move to court. The government must get its share [of tax] to fund activities that are beneficial to this country.”

This may not impress SportPesa’s owners, one of whom – as we report with the Guardian today – has been a major financier and fundraiser for Kenyatta’s Jubilee party.

“Those in the betting companies are our friends,” Kenyatta reportedly said, “But we have to agree that the government must get its rightful share to build cultural centres and other developments.”

But Bwire believes taxation is not going to dampen the public appetite for gambling, because “addicted gamblers will still gamble”.

He challenges the government to take a holistic approach, including addiction awareness and counselling.

“In this game of betting, they can’t only be a referee. People get injured in this game, and so there needs to be awareness about that, and doctors available too.”

Last year a new government body was set up, the Sports, Arts and Social Development Fund, to oversee the allocation of taxes specifically raised from betting.

Gambling taxes have reportedly already swelled the fund to around Shs15bn (more than £100m). By law, this money must be allocated to national sports teams, cultural facilities and the government’s universal healthcare pledges, as well as to unspecified “government strategic interventions”.

The fund took months to become operational due to political wrangling over who would control it.

In a country that many have argued is a kleptocracy, it remains to be seen whether any additional tax the government squeezes from the betting companies will fund gambling addiction awareness or rehabilitation – or instead disappears down the Nairobi drain.

Student gambling

In 2016, a few years after Kenya’s largely unregulated mobile phone-enabled sports betting craze took off, Bwire and his fellow students produced the first dedicated survey of betting among the youth.

They polled 373 students at Kenyatta University, roughly 0.5% of the university student population (78,000).

Although the sample size was relatively small, in the absence of comprehensive data about Kenya’s betting craze, it represents an important contribution to the public’s understanding of its prevalence.

Some key findings were:

* Nearly half of all respondents admitted to one or more signs of being at risk of problem gambling behaviour:
– 50% said they needed to gamble with increasing amounts of money;
– 30% said they were preoccupied with betting;
– 20% said they gambled the day after a loss in order to recoup it;
– 20% reported making repeated unsuccessful efforts to stop, or cut back, on gambling; and
– 3% said they had committed an illegal act to finance gambling.

* Most respondents said they started gambling aged 18-19.

* 68% of male respondents and 47% females said they gambled weekly, or more than once a week

* 7% of male respondents & 2% of females reported gambling daily

* Two-thirds of respondents spend up to KShs1,000 (£7.50) per month, one-quarter said they spend up to KShs5,000 (£40); and 5% of respondents said they spent more than KShs5,000 on gambling per month.

* 72% of all respondents saw gambling/betting as a way to make money; 40% said they saw it as a source of fun.

* 70% of respondents had gambled in the preceding year.

Read the report here.

These statistics broadly mirrored the headline findings of an often-quoted 2017 survey by GeoPoll on the leisure and spending habits of sub-Saharan African youth, which found that 76% of Kenyan respondents – the highest in the continent — had tried gambling.

Kenyans also spent the most money, about $50 (£40) monthly, mostly on football bets. The majority placed a bet once a week.

 

This is article was first published by Finance Uncovered.

* Edited by Ted Jeory and Nick Mathiason

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Wildlife Conservancies or Sanctioned Land Grabs? The Simmering Crisis in Northern Kenya  

Proponents of wildlife conservancies in Northern Kenya argue that they provide a win-win situation for both conservation and pastoralist communities. However, the current push to establish more conservancies in the region may backfire and lead to more conflict.

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Wildlife Conservancies or Sanctioned Land Grabs? The Simmering Crisis in Northern Kenya
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Kenya’s Vision 2030, which identified Isiolo as a strategic location in the hydrocarbon economy of the region, combined with the 2010 Constitution, which led to the devolution of power and resources, have thrust Isiolo County, a once sleepy and neglected former garrison town, into the El Dorado of Kenya’s future development.

However, Isiolo’s potential, if not judiciously managed, could turn the county into the future axis of natural resource-based conflict, especially in the large-scale irregularly acquired land by private corporations and individuals under the guise of community wildlife conservation. The consequences of what happens in Isiolo will likely spill over into other parts of Northern Kenya and Northern Rift Valley.

Like other parts of Northern Kenya, Isiolo lagged behind the rest of the country in economic development because of the government’s economic planning policies contained in Sessional Paper No 10 of 1965 “African Socialism and its Application to Planning in Kenya”, which created a dichotomy between low and high potential areas of the country. The reasoning was that the former would benefit from the trickle-down effect of the government’s investment in the latter. Isiolo was considered a low potential area, and thus received limited government investment. The community’s livelihood was based around livestock, which successive post-independence administrations considered economically unviable and antiquated compared to agriculture. This meant that the region received limited state support.

Parallel to limited investment, the post-colonial state continued with the colonial government’s policy of mediating its relations with Isiolo and the broader North Eastern region through the lens of security. If the British colonial administration used Northern Kenya and Isiolo as a buffer zone against Italians who were attempting to colonise Ethiopia and the French who were colonising Djibouti, the post-colonial state viewed Isiolo as a place where demands for secession, banditry and cattle rustling were rampant. This has made Isiolo one of the few counties with the most military schools and military barracks in the country. The military is also one of the largest landowners in Isiolo.

Like other parts of Northern Kenya, Isiolo lagged behind the rest of the country in economic development because of the government’s economic planning policies contained in Sessional Paper No 10 of 1965, which created a dichotomy between low and high potential areas of the country.

Vision 2030, Kenya’s development plan for making Kenya a middle-income country (MIC) by 2030, is perhaps the closest the state came to rectifying the problems created by Sessional Paper No. 10 of 1965. Vision 2030’s economic pillar aims to achieve an average economic growth rate of 10 per cent per annum and sustaining the same until 2030. If the core of Sessional Paper No 10 is centralised planning, thus creating a center and a periphery, Vision 2030 calls for decentralisation, thus blurring the distinction between peripheries and the centre. In fact, it aims to turn previously marginalised areas like Isiolo into centres of development.

Some of the major Vision 2030 projects of the economic pillar are either based in Isiolo or pass through the county. These projects include 6,500 acres of land at Kipsing Gap, which is about 20 kilometres west of Isiolo town and sandwiched between Katim and OlDonyoDegishi Hill, where a multi-billion shilling resort city will be based. Parts of the LAPSSET pipeline passes through the county, and the town is also where the Isiolo International Airport has been built. These projects are at different stages of being implemented.

When they finally take off, these projects will undoubtedly spur positive economic growth and improve peoples’ lives. Attention generated by these projects has also attracted “entrepreneurs” of all stripes with land as their primary key resource. Excision of huge chunks of land pose an existential threat to the pastoralist communities’ primary source of livelihood, which is already buffeted by multiple challenges, including climate change, agro-pastoralist conflict, and the ever-decreasing water and pasture because of demographic pressures.

One of the big players in land excision debates are the private wildlife conservancies. The entity behind wildlife conservancies is the Northern Rangeland Trust (NRT), which manages 39 conservancies that cover an area of 42,000 square kilometers across the country, mostly in Northern and coastal Kenya.

In the media and in policy circles, the discourse on wildlife conservation and pastoralism is always cast in Manichean terms: wildlife conservancy is “good” and pastoralism is “bad”. This was evident during the Laikipia conflict in 2017 that pitted the mostly Samburu and Pokot herders against mostly white, private ranchers (popularly known as Kenyan Cowboys or KCs).

During the conflict, the government and in turn the media described the pastoralists as “barbarians at the gate of civilization”, who only understand the language of brute force. As a result, the killing of livestock – the pastoralists’ livelihood – by the security agencies elicited less sympathy than the killing of wildlife killed by the pastoralists, sometimes in self defence.

In the media and in policy circles, the discourse on wildlife conservation and pastoralism is always cast in Manichean terms: wildlife conservancy is “good” and pastoralism is “bad”.

Since tourism earns Kenya huge amounts of foreign exchange, it tends to be privileged over human life and pastoralists’ livelihoods.  For instance, during the 2017 clash involving pastoralists and wildlife conservancies in Laikipia, over 300 cattle were killed by the security agencies, and this act did not generate any condemnation.

Collective destruction of the pastoralist economy has historical precedent: The Truth, Justice and Reconciliation Commission found that the Kenyan army killed and confiscated livestock belonging to civilians in Northern Kenya. The shooting, especially of camels, was a particular strategy employed by the army as it was believed that camels were used by the Shifta to transport guns and other supplies. The Commission also revealed that it was common for soldiers and government officers to invade villages and confiscate cattle, sheep, camels and goats. The owners of such livestock were never told what happened to their livestock, nor were they ever compensated for their losses.

But the discovery of natural resources has suddenly changed the state’s engagement calculus with Northern Kenya, with the government making a beeline for the region, as demonstrated in the expansion of some of the often-neglected infrastructure. There is a sense that being among the least populated region, and being strategically close to the key borders of Somalia, Ethiopia and Sudan, the North has plenty of “free” land to be exploited.

But this courtship is anchored on a deterministic and reductionist single narrative: the free market. There is a belief that if the markets are opened in the region, all its problems will go away.

This narrative is problematic.  First, it assumes that the moment the region is linked to other parts of Kenya, it will automatically “develop”. Second, the creation of Northern Kenya in the image of the rest of Kenya at the very minimum denies the people the agency to determine what development means to them. Third, we need to be circumspect regarding the pervasive business language that assumes that the problem with public services is inefficiency and that technology is the answer. This techno fallacy and big data syndrome dehistoricises and decontextualises problems, and is ultimately bound to fail. Fourth, the market, while it can be efficient in allocating economic goods and services, is terrible as the arbiter of social services. Unleashing market forces onto the region will destroy the collective social fabric that has held these people together even in bad times.

Often unaccounted for in this framing is the pastoralist communities of Northern Kenya, which have been trading amongst themselves and with their counterparts across all the borders without government support. The mutually reinforcing twin issues of insecurity and a fragile ecosystem have engendered the communities’ remarkably innovative resilience instincts.

If everything around pastoralism is not securitised, pastoralists are infantilised. In the current wildlife private conservation paradigm – underwritten by well-heeled intergenerational wildlife conservation untouchable “royals” and marketed by a well-choreographed sleek PR machine – pastoralist communities who have lived in harmony with wildlife for generations are only used as worn-out tropes of the Messiah Complex. Kuki Gallmann, whose life is immortalised in the movie I Dreamed of Africa is cast as a noble White Saviour, keeping the wildlife and pastoralists safe.

Northern Rangeland Trust and the Lewa model

Isiolo has three national game reserves: the Shaba Game Reserve (256 square kilometres), Buffalo Springs (131 square kilometres) and BisanAdi (150 square kilometres). All of these areas block or restrict human habitation and grazing. On top of the game reserves, there are a number of conservancies in Isiolo: Biliqo-Bulesa, which covers 3784.82 square kilometres and was established in 2007, Nakuprat-Gotu, which was established in 2011 and covers a total area of 719.92 square kilometres, Leparua which was established in 2011 and covers a total area of 328.35 square kilometres, and Nasuulu which was established in 2011 and covers 346.01 square kilometres. These are significant chunks of land being administered by a corporation.

If everything around pastoralism is not securitised, pastoralists are infantilised. In the current wildlife private conservation paradigm, pastoralist communities who have lived in harmony with wildlife for generations are only used as worn-out tropes of the Messiah Complex.

According to NRT, conservancies are community-led wildlife conservation initiatives that provide a win-win situation for wildlife conservation and for pastoralists. The lack of transparency and adequate information regarding the manner in which these conservancies are established and managed adds to the anxiety of pastoralist communities. Pastoralists in the area have been victims of various land grabs in the past and therefore view conservancies as a Trojan horse that will lead to further annexation of their pastoral rangelands.

Lewa conservancy, which covers 62,000 acres and is a home to a wide variety of wildlife, including rare and endangered black rhinos, zebras and Sitatungas, as well as the “Big Five” wildlife animals.  Lewa’s value addition is held up as an aspirational model for other private wildlife conservancies.

However, the use of Lewa as a model for the future of Isiolo misses the dynamics inside Isiolo and for that matter elsewhere in the North. Laikipia County, where Lewa is located, doesn’t have nearly as many pastoralists as Isiolo does, which made the excision of such a huge tract of land possible. Additionally, the pastoral communities in Isiolo are diverse. Also not discussed when holding Lewa as a model is the failure of efforts at replicating Lewa inside Laikipia. For instance, establishment of a conservancy in OldoNyiro led to the community losing their land, forcing them to graze their livestock by the roadside because all the land has been fenced off.

Pastoralists in the area have been victims of various land grabs in the past and therefore view conservancies as a Trojan horse that will lead to further annexation of their pastoral rangelands.

At the heart of the establishment of the conservancies is the argument of return on investment: having “community” wildlife conservancies will allow pastoralists to have a stable income. But there is no conservancy that can guarantee the pastoralist the same kind of return that they can get from their livestock.

NRT has ambitions of establishing conservancies not just in Isiolo but across the Northern region. They already have some conservancies in Samburu County and plans are at an advanced stage to establish more conservancies in Marsabit County.

Devolution of power and resources to the county was designed as an antidote to centralised decision-making in Nairobi, which resulted in unbalanced and unequal economic development. What the framers of the constitution did not envisage, however, was the quality of representation that will shepherd devolution at the county level. The disparity between counties with good leaders and those with poor leaders is well documented.

But Isiolo’s land grab did not happen in a vacuum; it has been facilitated by poor leadership. The establishment of wildlife conservancies in Isiolo is a shot across the bow for other counties, such as Marsabit County. If they are not stopped, we could be walking into land-related conflicts with our eyes wide open.

The large-scale land grab in Isiolo by NRT will adversely impact the pastoralists’ livelihood, and generate new conflicts in an area blighted by incessant conflict. This will erode the potential Isiolo would have gained from devolution, Vision 2030 and its proximity to Ethiopia, which has the potential to increase cross-border trade.

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Building Bridges or Walls? BBI Charades Masquerading as ‘Public Consultations’

AKOKO AKECH examines whether the “handshake” between opposition leader Raila Odinga and President Uhuru Kenyatta, which resulted in the Building Bridges Initiative (BBI), is truly a people-driven participatory process or merely a tool for the Kenyan political elite to consolidate their power.

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It finally docked on our shores, the shores of the Nam Lolwe, on the 6th of June 2019. Unlike the old steamer, MV Alestes, it blew no loud horn to announce its arrival at the port of Kisumu to tell all within the vicinity to steer clear of the waterway and berth. Rather, it glided smoothly into Kisumu City at the end of a financial year, when government departments hurry to close the books. It creeped up on the residents of the city, stealthily like a crocodile. The 35th of the expected 47 Building Bridges Initiative (BBI) “public consultation” meetings was upon us.

“I got a call from the County Commissioners about a month ago. Something like this cannot be done through an open invitation. The whole of Kisumu would have been here,” said a young man with a chuckle, his face beaming with mischief, the smirk of someone proud of his high connections and who had been let into a well-kept siri-kali. We were queuing for tea and snacks at the Acacia hotel, Kisumu’s high-end hotel where the BBI commissioners were holding a “consultation” meeting on how to build a new Kenya.

I, too, would have missed the meeting, had I not seen in good time a WhatsApp message from a friend who’s a Kisumu government insider. The message had been sent in the wee hours of the morning that Thursday. In keeping with the rising personality cults of Kenya’s county governors, and their penchant for frivolous publicity, the e-invitation card I got bore Professor Anyang’ Nyongo’s picture, smiling, donning a white shirt and a red necktie, and holding a jacket flung over his left shoulder, held tenderly by his index finger. Warwakou duto! (All are welcome!), said the e-card.

As we sat down for tea and snacks, a clergyman wearing a white flowing robe and a red scalp cap (signifying his high position in the one of the many African-instituted Christian churches in Western Kenya) said, “I wouldn’t have known who sent me the money. I got am M-Pesa transfer of 2,028 shillings from a Samuel Otieno but I couldn’t tell who that is until the lady spoke.”

That lady he was referring to was an amiable and handsome woman dressed in a white, loose-fitting linen suit who had spoken towards the end of the meeting, shortly before the closing prayer – the ubiquitous Christian prayer that has become mandatory at public events, which always reminds one that many Kenyans, especially state and public officers, are yet to come to terms with the 2010 Constitution of Kenya, even with the shortest of its articles, Article 8, that states that “there shall be no State religion”. She told the officially invited participants that “if you check your phones, M-pesa imeingia [the Sh2000 transport refund] plus Sh28 ya kuitoa. Usikuje kama ulikua na Fuliza, the money has been chewed.”

The BBI task force is run like a tight deep state ship. But there is nothing transparent or charming about its process of public consultations. Unlike the recent commissions, whose meetings and deliberations were widely publicised, the BBI meetings are carefully and secretly organised, and their deliberations are hardly made public through the radio or the daily newspapers.

BBI has neither a known physical address nor a web page. Nor an expressly parliament-sanctioned legal existence and a budget line. It has an email address only. It works mostly as a sad reminder that despite its enormous constitutional powers, the Kenyan Parliament is yet to exercise effective control over the Office of the President, especially over the conduct of the provincial administration in midwifing political transitions such as the BBI and its latest women-only “popular movement” wing, Team Embrace.

The BBI task force is run like a tight deep state ship…The BBI meetings are carefully and secretly organised, and their deliberations are hardly made public through the radio or the daily newspapers.

Although the activities of the BBI have largely escaped or studiously evaded public scrutiny, the Kisumu event gives us a glimpse into how it works. Its consultative forum was surreal. It had a creepy feeling of an odd combination of a typical District Commissioner-organised public holiday event – with all its attendant display of anxieties over the security of the VIP and crowd control – and a typical NGO seminar at a five-star hotel, but with neither the benefits of a skilled moderator nor an appropriate teaching methodology of getting the best out of the competing and conflicting views of the representative of the various groups present at the meeting.

It was an eerily odd public event. Like a typical District or Provincial Commissioner-organised event, it drew in government officials and civil servants, including the starched khaki, big silver button, crimson red epaulets, and stick-wielding types, such as high-ranking police officers and provincial administrators, who patrolled the corridors of the hotel. While the presence of baton-wielding Administration Police officers at an open-field public event, in jungle-green camouflage uniforms, standing strategically in front of a crowd of spectators, and policing the imaginary wall between the seated and sheltered elite and the sweating crowd conveyed a sense of security and control, the conspicuous presence of the AP officers armed with the G-3 rifles or AK-47 rifles sent a chill down one’s spine. It evoked anxiety and fear rather than security and safety, which were amplified by the antics of an order-obsessed deputy county commander who wore a chocolate brown suit and stood like a sentry at the entrance of the second door to the conference room, alternately keeping an eye on the goings-on along the corridor and in the conference room.

Although the activities of the BBI have largely escaped or studiously evaded public scrutiny, the Kisumu event gives us a glimpse into how it works. Its consultative forum was surreal. It had a creepy feeling of an odd combination of a typical District Commissioner-organised public holiday event…and a typical NGO seminar at a five-star hotel…

Unlike a typical NGO forum, there were has no hand-written sign up sheets; the organisers simply ticked off the names of the participants on a printed list of invited participants, each sheet bearing the names of only the invited participants from each of the sub-counties of Kisumu County. Luckily, the uninvited (those not vetted by the Provincial Administration) could also walk into the meeting and listen to the proceeding, without signing up.

But like a typical NGO or government event, the meeting was adorned with big banners, which, despite promising dialogue or debate, served more to mark the boundary between the powerful commissioners’ high table and the jam-packed seminar room than to remind the commissioners of their vision and mission. Pleasantly, a female Kenyan sign language interpreter was hard at work, diligently translating the proceedings of the meeting.

The commissioners took turns to frame the problem, to ask questions, and to offer solutions and ways-forward, slicing up their audience into several categories: geographical, generational, gender, political, minority, and disability, soliciting from each participant, a solution for the evils bedeviling Kenya but barely giving the participants a chance to compose their thoughts or debate many contentious views vying for attention.

Nearly all the participants – except the governor, a Member of Parliament (Oduma Awour) and a former Member of Parliament (Prof Ayiecho Olweny) – were given less than three minutes to talk about items on the 9-item agenda, which prompted Father Samuel of the Catholic Peace and Justice Commission to say, “If the we want BBI to succeed, we need to allow people to freely express themselves, not shut down.” But the Commission did not heed to his plea. “We know what has happened, we need the solution. This is not the right forum for venting,” Prof. Oloo Adams responded curtly.

Except for Dr Florence Omosa’s very brief experiment with the Socratic approach, which questioned, teased out the inconsistencies and tested the appropriateness of a solutions offered by the participants, most of the commissioners found a ready-made formula for the classification of problems bedeviling Kenya by categorising them into neat labels: gender, age, geography, and social exclusion (including disability). Their idea of “participation” was to have a member from each category speak about their issues, as if the problem facing them was defined purely by their gender, age, geographical location, or level of social exclusion. Diversity, when in the hands of the securocrats and the commissioners, was reduced to a convenient tool of bureaucracy, generating more controversies than debate.

In a welcome break with the previous briskly sessions, Dr Omosa intoned politely and firmly, “Why do we fight during elections? We don’t trust each other, what should we do so that life goes on? What must happen so that we don’t have so many baby Pendos? Give me specific recommendations.”

Their idea of “participation” was to have a member from each category speak about their issues, as if the problem facing them was defined purely by their gender, age, geographical location, or level of social exclusion.

Not satisfied with the quick, not-well-thought-out responses, Dr Omosa observed, “I know, it’s not meant to be a dialogue, but I must ask you, how can the elders be the solution [to divisive elections], yet they champion exclusive ethnic leadership?” She was responding to a participant’s suggestion that a greater role for community elders in the management of elections is the solution to the tensions Kenyans experience in general elections. “Disband the IEBC [Independent Electoral and Boundaries Commission],” opined another participant.

Instead of a facilitating dialogue and debate, the meeting became a forum for contentious hard line views: “Kenya should go for a parliamentary system of government,” said one participant. “The constitution of Kenya has turned Kenya into a killing field,” asserted another. “Bring back the death sentence; let the murderers be locked without bail.” “Arrest and lock up the corrupt without bail,” Prof. Ayiecho Olweny, a former Member of Parliament, pleaded passionately. “We want “Luo kit gi Timbegi” brought back to in our curriculum,” said one participant. “Send the children back home to learn Dholuo,” said another. Ms Grace Jowi Jobita from Muhoroni, paraphrasing the Bible, stated, “If it is your eye that’s causing you a problem, my first recommendation is, let them be castrated, second, let them be castrated, and third, let them be castrated.”

There was also a call to “review the social ethics and education curriculum” in order to address the dearth of ethics among Kenyan youth and the rising cases of violence against women, including rampant cases of rape and defilement. “Amend the Chief’s Act. Our society is yearning for the past order, and is uncomfortable with the recent changes,” said retired Paramount Chief Paul Odero.

Mr Mathews Owili, the Kisumu County’s deputy governor, concurred with Prof Anyang’ Nyong’o that Kenya needs a parliamentary system of government, but also asked, “If the Prime Minister can be compelled by law to form a government that reflects the face of Kenya, can the Prime Minister be compelled to treat all Kenyans as equals?”

Struck by the repeated demands for more laws that would ensure diversity in public appointments, especially at the top levels of Kenya’s state power, Senator Amos Wako, the former long-serving Attorney General, pointed out, “The law already provides for that…the constitution makes reference to the face of Kenya in more than 22 Articles. What I want is, how can we ensure that the law, the constitution is respected by whomever?”

“The problem may not be Chapter Six [on leadership and integrity], but the law to enable, enforce the chapter. Perhaps the law enacted to enable this chapter does not reflect the letter and the spirit of the constitution of Kenya, 2010,” added Senator Wako.

However, BBI commissioners stuck to their nine-point agenda, briskly running through each item on their tick-off list, even when the more discerning participants, such as Senator Amos Wako, sensed that the problem might not be more laws, as some were suggesting, but a more complicated political process i.e. the lack of good laws and constitutionalism.

Anxious that this meeting might not yield much, Sheikh Masoud pointed out that “Kikao bila matunda ni ufisadi,” cautioning both the commissioners and the participants at the meeting that if the BBI initiative, like past initiatives such as the Truth Justice and Reconciliation Commission (TJRC), yields nothing, then the participants at BBI public consultation meetings would be complicit in yet another act of corruption.

The TJRC report is silent on or whitewashes some critical aspects of Kenya’s evil past. For example, Volume 11 of the TJRC report airbrushes the 1969 Kisumu massacre out of Kenya’s register of post-independence political massacres. The BBI too looks like yet another lost opportunity to revisit Kenya’s evil past and exorcise the ghosts that haunt Kenya’s post-independence politics.

Sheikh Masoud pointed out that “Kikao bila matunda ni ufisadi,” cautioning both the commissioners and the participants at the meeting that if the BBI initiative…yields nothing, then the participants at BBI public consultation meetings would be complicit in yet another act of corruption.

The BBI’s is a lost cause because it embodies the worst carry-overs from the undemocratic provincial administration’s coercive and manipulative tendencies while pretending to promote progressive and inclusive practices. The BBI seems yet another lost opportunity because the elite have set its course, and are championing narrow, selfish and convenient political causes that hardly go deep enough into the roots of the knotty questions of justice many Kenyans yearn for, and which were not given a fair hearing at the Kisumu forum.

Boniface Akach, a Kondele-based front-line human rights activist, who only learnt of the BBI meeting accidentally while attending a “solidarity” meeting at the same hotel, wrote the following on his Facebook account: “The on-going public participation exercise by BBI is a mockery, a waste of public resources and a rubber-stamping exercise. How can such a public exercise be taken to the Acacia Hotel, a five-star rated hotel, despite other more conducive and accessible spaces being available? The invite-only event is so restricted, with NIS and Police all over. The mobilisation across sub-counties is so well designed apart from Kisumu Central (wajuaji). Mobilisation was strictly done by the Kisumu County Commissioner. But we are not surprised, we all know that the aim the referendum is meant to settle scores as it creates opportunity for recycled, rejected political friends.”

Perhaps, as Akach points out, the perfunctory public consultation meetings, like the one held in Kisumu County, are merely an alibi for a pre-determined political course and cause. In Kisumu, there was a clear divide between the demands made by the ODM elite, on the one hand, and popular demands by the people of Kisumu County, on the other.

According to Kisumu County Governor Prof. Anyang’ Nyong’o and the ODM branch leaders, what’s at stake is a referendum to turn Kenya into a proper parliamentary system of government. However, to others, it’s the unfinished business of political violence and justice for the victims of political violence.

“We want inclusivity in compensation. We lost lives in 2007 and again in 2017. Some people were compensated, but not people from this region. We need inclusive compensation for people like baby Pendo,” said Victor Nyasaya. A representative of the National IDP network also expressed a similar concern. “The 2007 IDPs in Kisumu were paid only three thousand shillings, unlike those from Nakuru who were paid ten thousand shillings,” he lamented.

In many ways, the BBI “consultation” made a mockery of the constitution-sanctioned idea of public participation, a realisation that was not lost on many of the participants attending the Kisumu forum. It was a charade. Melania Jackie, representing the youth, lamented, “We were are not involved in the process of formulating public policies. Not the Universal Health Care, not the Huduma Number, we were only given deadlines. No civic education. We don’t have a youth on the BBI high table, even a token of representation.

“Na tuna ambiwa hii sio baraza,” Mitchelle Otieno lamented on Facebook, adding that “the BBI team ought to have held the meeting in Kondele and not Acacia hotel. We lost lives in Kondele, Nyalenda, Manyatta, and not Acacia.”

In many ways, the BBI “consultation” made a mockery of the constitution-sanctioned idea of public participation, a realisation that was not lost on many of the participants attending the Kisumu forum.

Orengo Ben Wamaya, who represented Bunge la Mwananchi at the meeting, thundered, “Public participation is never done in a five-star hotel.”

If the TJRC report offers the residents of Kisumu an official amnesia for the 1969 massacre in exchange for the recognition of the years of economic marginalisation which followed it, then what will the BBI report yield? Will it offer restorative justice or compensations for lost life, limb and property to the recent victims of political violence? Who will foot the bill? The perpetrators and the principal beneficiaries of political violence now occupying high offices or the Kenyan taxpayers yet again? Will it be sufficient and equitable? Will there be yet another opportunity for a trade-off between some measures of restorative justice and political support for a new political coalition, like the Uhuruto 2013 bargain? Will it offer retributive justice? Will it recommend memorialisation of the victims of past political evils or yet again endorse a tacit collective amnesia and unofficial amnesty for the perpetrators and principal beneficiaries of the past political evils?

Who decides?

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