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PASSPORTS TO RICHES: Semlex’s dubious dealings with African governments

17 min read. The Democratic Republic of Congo, one of the poorest countries in the world has one of the most expensive passports and Comoros issues diplomatic passports to non-Comorians. By TAMA MULE

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PASSPORTS TO RICHES: Semlex’s dubious dealings with African governments
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Albert Karaziwan is a multi-millionaire who in 1992 founded Semlex, a privately traded company owned primarily by him and his family. Semlex supplies passports and identification cards. In 2008, Karaziwan claimed that his businesses had a combined value of 100 million euros.

Karaziwan has had close ties with the governments of at least 18 African countries spanning the whole of the continent, including Kenya, Uganda, Tanzania, Libya, Mozambique, and the Ivory Coast. The most prominent among these, as far as his connections go, is the Comoros Islands, from where he holds three diplomatic passports. He has also twice attended the United Nations General Assembly as a part of the Comoros delegation. He was made a roving ambassador of the Comoros and at least eight of his staff were nominated for Comoros honorary consulships between 2010 and 2012. Another big partner of his is the Democratic Republic of Congo. He was seen at the United Nations General Assembly with the Congolese delegation early in 2017.

Despite these surprisingly powerful connections, Karaziwan is neither a citizen of Comoros, DRC or of any other African nation with which he has been able to secure incredible financial footholds and political appointments. He is a Syria-born Belgian citizen who for close to two decades has used Semlex and its various partners, as well as political clout and connections on the continent, to secure multiple hundred-million-dollar deals to provide passports and other identification documents to African countries at exorbitant prices and sometimes without going through open tender processes.

In the Comoros, presidential decrees and various documents have revealed that Semlex-supplied Comoros passports have been bought by foreigners. A parliamentary investigation into the sale of passports to foreigners found that more than 2,800 Comoros diplomatic passports have been issued since 2008 – in a country with a population of about 800,000. At least 184 of these passports were issued to non-Comorians.

Karaziwan became involved in a Comoros programme to raise cash by selling citizenships. The plan was aimed mainly at the Bidoon people of Kuwait and the United Arab Emirates who do not possess citizenship of any country. It offered Gulf governments a means of identifying these people without giving them local citizenship. It also provided the Comoros with much-needed revenue. The Comoros government received just over $4,500 for each citizenship issued, according to government documents from 2012. The Emirati government estimated that the number of Bidoon within the country ranged from 20,000 to 100,000. Currently at least 40,000 of these people carry Comorian passports.

However, the citizenships and passports were also being sold to non-Bidoon people, sometimes at much higher prices, according to Comoros investigators. Comoros passports are of value because they offer citizenship with no tax obligations, allow the opening of bank accounts In Gulf States and facilitate visa-free travel through the Gulf and to many major business hubs globally, such as Singapore and Hong Kong, as well as to tax haven countries such as Bermuda, the Cayman Islands, the Cook Islands, Mauritius, Saint Kitts and Nevis and Panama, according to U.S officials in the State Department who specialise in the region.

The Comoros government allowed some of these sales to be facilitated by a Dubai-based firm called Lica International Consulting, according to an agreement between the two entities reviewed by Reuters. Three sources, one with direct knowledge of Semlex operations, said Lica is controlled by Karaziwan while two of these sources claim that Lica is run on behalf of Karaziwan by a business associate named Cedric Fevre, a name that appears many times during this saga. Lica was supposed to vet the candidates for citizenship and pay the Comoros government $10,000 per document issued, according to the agreement between the company and the government.

The Iranian connection

A presidential decree revealed a list of 21 foreigners who had been proposed by Lica for Comorian citizenship, which had then been granted by the president, while a former Comoros government official said he knew of at least 23 other passports sold through Lica to non-Comorians. Two sources with knowledge of Karaziwan’s activities claimed that Lica asked for at least 100,000 euros for supplying a Comoros passport. A series of presidential decrees have revealed that some of the Comoros passports were sold to people who had been accused by the United States of breaking sanctions with Iran.

A decree from July of 2015 revealed that a man named Hamid Reza Malakotipour was granted Comoros citizenship. He had been sanctioned in 2014 by the United States government, which alleged that he was in possession of an Iranian passport and had used his Comorian citizenship to circumvent the sanctions placed on Iran by the United States and to supply the Iranian Revolutionary Guards in Syria.

Also revealed in the same decree was that a man called Mohammed Zarrab of Turkish- Iranian origin was issued with Comorian citizenship. He was accused by U.S prosecutors in 2016 of violating the U.S sanctions on Iran by using the U.S financial system to undertake hundreds of millions of dollars worth of transactions on behalf of Iran. His brother Reza Zarrab was also indicted on claims that he had transacted on behalf of the Iran-based Mahan Air, which had been sanctioned for airlifting weapons to Iran’s Quds Forces and Hezbollah. A Reuters investigation was unable to glean how the two individuals received their passports, and the extent to which Semlex and Lica were involved

In January 2018, the Comoros government cancelled a batch of passports that had been issued to foreigners, saying they had been improperly issued. A confidential list of the passport recipients reviewed by Reuters discovered that more than 100 of the 155 passports that had been cancelled belonged to Iranians, among whom were senior executives of companies in sectors that had been targeted by U.S sanctions. The government of Iran does not officially permit its citizens to hold more than one passport, but a source familiar with the process stated that Iranian military intelligence had given the green light for some of these senior officials so that business transactions and travel could be carried out with ease.

According to details contained in a database of Comoros passports issued between 2008 (when the government programme to sell citizenships began) and 2017, more than 1,000 people whose place of birth was Iran bought Comoros passports. Some of the names on this list include names such as:

  • Mojtaba Arabmoheghi, one of the top managers of the Iranian oil industry, who obtained a Comoros passport in 2014 while he was the chairman of Sepeher Gostar Hamoun. He was also a commercial consultant for a firm called Silk Road Petroleum in the UAE whose financial director, a man named Naser Masoomian, also acquired a Comoros passport on the same day.
  • Mohammed Sadegh Kaveh, who heads Kaveh Port and Marine Services, obtained a Comoros passport in 2015. Kaveh and his family are among the main operators of Iran’s Shahid Rajaee port that handles most of Iran’s container traffic
  • Hossein Mokhtari Zanjani, an influential figure in Iran’s energy sector and a lawyer who handles domestic and international disputes, acquired a Comoros passport in 2013.

On its website, Lica listed a Dubai-based company called Bayat Group as a partner, which, according to the latter’s website, specialises in providing citizenships of places such as Comoros, Malta and St. Kitts and Nevis. Bayat Group is headed by Sam Bayat Makou, an Iranian who acquired a Comoros passport in July of 2013, though this was among the passports that were cancelled by the Comoros government. Makou said that Iranians acquired Comoros passports because “Comorians have better visa-free access than Iranians” to many Far East countries. Bayat Group, according to Makou, had done work with Lica, which he claimed was licenced by the government of Comoros to market the passports outside the Bidoon programme.

In January 2018, the Comoros government cancelled a batch of passports that had been issued to foreigners, saying they had been improperly issued. A confidential list of the passport recipients reviewed by Reuters discovered that more than 100 of the 155 passports that had been cancelled belonged to Iranians, among whom were senior executives of companies in sectors that had been targeted by U.S sanctions.

The incumbent President at the time was called Ahmed Abdallah Sambi, and throughout his 2006-2011 tenure, he began to forge strong ties with Iran. Sambi had been educated in the Iranian holy city of Qom, and when he ascended to power, he visited Tehran in 2008. The then Iranian president Mahmoud Ahmadinejad was looking to cultivate relations with African and Latin American states as the West took increasing measures to distance itself from Iran. Following Sambi’s visit to Tehran, Ahmadinejad visited Comoros in 2009. In addition, Sambi is said to have had Iranians within his personal guard and was referred to as “The Ayatollah of Comoros” by some islanders.

Though Sambi left power in 2011, he declined to comment on the sale of the said passports to non-Comorians. The sale of these passports continued under his successor, Ikililou Dhoinine, who was in office from 2011-2016. Though Dhoinine has no obvious links to Iran, he declined Reuters’ requests to comment on the situation.

His successor Azali Assoumani came to power in 2016 and changed tack completely, severing ties with Iran and aligning with Saudi Arabia and other Gulf Nations at odds with Iran. He set up a parliamentary commission of inquiry to investigate the programme that sold citizenship to the Bidoon. The commission found that as early as 2013, the UAE informed the Comoros government that hundreds of passports had been sold to foreigners outside the programme. This was after UAE officials noticed people who were neither Comorian nor Bidoon travelling through the country on Comoro passports. A Comoros security source said that the Comorian intelligence services had received reports of people with Comoros passports being killed on the battlefields of Iraq, Syria and Somalia, a demonstration of how widespread the sale of Comoros passports had become. As a result, the United States has begun to perform more thorough background checks on people travelling with Comoros passports.

According to a parliamentary report, at least $100 million in revenue from the sale of these passports was never received by the government of Comoros and had gone missing, though the government has not released a statement explaining where they think the money could have gone.

The deal in the DRC

The investigation in the Comoros followed a report published by Reuters in April of 2017 that revealed that Semlex was the same company responsible for issuing biometric passports in the impoverished Democratic Republic of Congo for the exorbitant price of $185 per passport, making the DRC passport among the most expensive passports in the world. This in a country where the average national income is $394.25 a year.

Between October 2014 and June 2015, Karaziwan corresponded with Congolese authorities on the passport deal. Initially, in an October 2014 correspondence, he told Joseph Kabila, the incumbent president of the DRC, that Semlex would be able to provide the biometric passports at a cost of between 20 and 40 euros each as Semlex had its own printing facilities. Five days later, Karaziwan invited two members from Kabila’s inner circle, Moise Ekana Lushyma and Emmanuel Adrupiako, to Dubai to discuss a possible contact. By 13 November 2014, the price for the passports had risen to $120.

In the Comoros, presidential decrees and various documents have revealed that Semlex-supplied Comoros passports have been bought by foreigners. A parliamentary investigation into the sale of passports to foreigners found that more than 2,800 Comoros diplomatic passports have been issued since 2008 – in a country with a population of about 800,000. At least 184 of these passports were issued to non-Comorians.

Fiinally, in March 2015, Karaziwan was invited to Congo to finalise the proposal for the passport programme. In June of the same year, the final contract was signed by Karaziwan, the Congolese Finance Minister Henry Yay Mulang and the Congolese Foreign Minister Raymond Tshibanda. Semlex had agreed to invest $222 million into the project and the Congoloese government ageed to raise the price of the passport, charging its citizens $185 for every passport issued. (The steep rise is doubly shocking considering a rival proposal from another Belgian company called Zetes. Zetes outlined a plan and confirmed making an offer in 2014 to supply Congo with biometric passports that would cost $28.50 each.) From the revenue made from the passports, only $65 dollars would go to the Congolese government. The remaining $120 would be given to a group of companies that include, Semlex Europe in Brussels, Semlex World in the UAE, Semlex’s Lithuanian printer and a UAE entity called LRPS.

In a second agreement in June of the same year, the $120 was further divided up, with $12 from every passport sale going to Mantenga Contacto, a Kinshasa-based firm that would handle the projects “human resources issues, including supplying staff”. The three Semlex firms from the previous agreement were allotted $48 per passport issued, leaving out $60 of the money allotted to the consortium of companies going to LRPS, who would in return help with administration, logistics and relationship with the government.

Though LRPS was represented in the government talks by Karaziwan, it is currently owned by Makie Makolo Wangoi, according to a source familiar with the passport deal. A Bloomberg investigation into the business interests of the Congolese president and his family revealed that Wangoi was Joseph Kabila’s sister. Corporate records confirmed that she was a shareholder in several companies with other Kabila family members.

A Reuters investigation was unable to verify the status of LRPS, but its certificate of incorporation from Ras al Khaimah in the UAE revealed that it was established on 14 January 2015 just as Semlex was negotiating the passport deal with Kabila’s representatives. The certificate of incorporation does not reveal who owned the company when it was established, but a second document from that same year revealed that in late 2015, LRPS was owned by Cedric Fevre, a business associate of Karaziwan based in Dubai, who also ran Lica International Consulting, one of the firms implicated in the sale of Comoros passports to non-Comorians.

Though the computer-created document that revealed this information is unsigned, the metadata embedded in it shows that it was created in the UAE in 2015 and printed on 25 June of the same year. On that same day, Fevre transferred all 10,000 shares in LRPS to Wangoi, according to a source with direct knowledge of the deal. The only signed copies of the share transfer agreement are in the possession of Fevre and Wangoi, both of whom declined to respond to questioning from Reuters investigators.

A few weeks after the deal was signed, bank documents and emails revealed that two UAE-based companies made deposits of $700,000 to the private bank accounts of Emmanuel Addrupiako, one of the advisors that Kabila sent to the UAE to meet with Karaziwan during the initial talks for the passport deal. One of the companies that made the payments was called Berea International and the other was called Cedovane. The incumbency certificate for Berea revealed that the Semlex CEO, Karaziwan, was the director, secretary and sole shareholder of Berea. Another director of Berea was none other than Cedric Fevre, who is also a director of Cedovane.

The investigation in the Comoros followed a report published by Reuters in April of 2017 that revealed that Semlex was the same company responsible for issuing biometric passports in the impoverished Democratic Republic of Congo for the exorbitant price of $185 per passport, making the DRC passport among the most expensive passports in the world.

The payments were made through United Arab Bank (UAB). UAB documents show that on 29 July 2015, Cedovane paid $300,000 to a Royal Bank of Canada account held by Adrupiako in Quebec. The documents cite a “loan agreement.” Then, on 25 August, Berea International paid $400,000 to Adrupiako’s account with Jyske Bank in Denmark. According to bank emails and contact with Berea, Adrupiako told Jyske Bank that the money was to pay for a four-storey building that Berea was renting from him in Kinshasa. The transaction triggered concern in Copenhagen. Reuters visited the site of this four-storey building and found that it was still under construction and Berea had no visible presence there.

The passport contract in Congo runs for five years and does not specify how many passports will be produced, but in recent years DRC has issued nearly 2.5 million passports annually. Sources with direct knowledge of the Semlex-Congo deal said that on one occasion Semlex had claimed that it had produced 145,000 passports by the end of January 2017, earning LRPS nearly $9 million. A Reuters reviewed document then revealed that Semlex said it would be able to supply DRC with 2 million passports per year once everything was fully operational, a deal that would make LRPS $120 million a year.

Kabila was due to step down from DRC’s presidency in December 2016, but elections were postponed, and he retains power as tension, violence and calls for him to step down increase. Dozens were killed in violent clashes between protestors and police, and his domestic opponents assert that his authority has run out – though even if Kabila does step down, LRPS will continue to make money as Article 14 of the contract for the deal states that the agreement remains valid even if “institutional changes” occur within the country.

Other dodgy contracts

Karaziwan’s and Semlex’s exploits in Africa do not end with the Congo or Comoros. Early in 2017, the government of Mozambique terminated a 10-year contract with Semlex worth several hundreds of millions of dollars that had been awarded in 2009 by the previous government. According to sources close to Semlex, the deal was struck without an open tender, and the new government claims that only a fraction of the $100 million that Semlex had promised to spend on training, electronic scanners and other types of infrastructure was invested. The passports were going to cost citizens of Mozambique $80 each in a nation whose average income per capita was under $500 per year. Officials from the Mozambique Centre for Public Integrity (CIP) published a review of the contract in 2015 revealing that the state only collected 8% of the revenues from the ID documents produced between 2011 and 2014

In Guinea Bissau, Helder Tavares Proenca was listed as a Semlex agent in the country, according to Semlex documents reviewed by Reuters. In November 2005, Proenca became the defence minister and in early 2006 Semlex won contracts to supply the country with passports, visas, ID cards and foreign resident cards. Semlex documents revealed that Proenca was paid at least 80,000 euros between 2004 and 2009.

Proenca was assassinated in 2009, but in 2010, Semlex employees, including Karaziwan, discussed what percentage of revenue they would have to pay former and current Guinea Bissau officials to secure a further contract to provide the country with passports and identification cards for foreigners. A proposal was made to pay a commission of 20% of the price of a passport and 15% of the revenue that Semlex received for residence permits issued to foreigners. Karaziwan was asked to sign off on the offer on 24 January 2011 and the next day he replied, “You can confirm it.”

In Guinea Bissau, Helder Tavares Proenca was listed as a Semlex agent in the country, according to Semlex documents reviewed by Reuters. In November 2005, Proenca became the defence minister and in early 2006 Semlex won contracts to supply the country with passports, visas, ID cards and foreign resident cards. Semlex documents revealed that Proenca was paid at least 80,000 euros between 2004 and 2009.

However, the Guinea Bissau government says that Semlex did not win a further contract but other Semlex emails show staff describing certain payments as bribes. In November of 2010, Michele Bauters, the Semlex finance manager, requested an employee to detail how he had spent close to $80,000 euros provided for operations in Africa, to which he plainly replied that it had gone towards rent and utility bills while 10,000 euros had gone towards “pot de vin” (the French term for bribes). When asked about what had happened to half of the $10,000, he responded that it had gone to pay “a bribe that Albert Karaziwan made me pay recently”.

In Madagascar, there is evidence of Semlex benefitting disproportionately in comparison to the state in a deal that the two entities signed. Semlex extended an existing contract to provide passports to Madagascar in 2013, and more than doubled the amount charged. In the deal, citizens would pay 36.25 euros for a passport. Of this amount, 33.75 euros would go to Semlex, leaving the Madagascan state with only 2.5 euros for every passport issued. Previously, Semlex only received 15.50 euros for every passport issued. And not that producing these passports is restrictively expensive. An invoice from Imprimerie National, a French printing firm that provided Semlex with blank passports prior to Semlex setting up their own printing facilities in Lithuania, showed that Semlex paid between 1.75 and 2 euros per document for projects in Madagascar, Gabon and Comoros between 2007 and 2008.

Semlex appears again in Gambia in a much bigger way than the two instances mentioned above. While the country was ruled by the now deposed dictator Yahya Jammeh, an opaque deal was signed with Semlex to manage the provision of identity documents to Gambia. Gambia’s new president, Adama Barrow, seems to be pursuing widespread reformative policies, such as removing restrictions on free speech. However, leaked data, including contracts, emails and international correspondence from company and government insiders, have revealed that the new government is seeking to renew the contract with Semlex to provide identity documents to the country. The former interior minister under Jammeh, Ousman Sonko, had signed a 5-year contract with Semlex in June 2015 to provide biometric ID cards and border control systems for Gambia. Semlex would retain 70% of the profits from this deal with the rest going to the government. Overall the company was estimated to make $67 million over the course of the 5 years.

The deal was met with protests from several civil society organisations that believed that the contract would allow Semlex to gain control over the identities of Gambia’s citizens. According to critics of the said contract, its flaws touch a wide range of areas. For instance, a signed version of the contract obtained by the Organised Crime and Corruption Reporting Project (OCCRP) does not mention any form of government oversight. The contract prohibits government interference with any third parties that Semlex or its partners select to carry out the work and allows the firm to repatriate profits anywhere without limits on the timeframe or the amount. The contract further places no restrictions on Semlex’s role in collecting, storing, using or safeguarding citizens’ private data. It also does not spell out who is responsible for oversight or handling of identity cards and passports. It is not clear on who is considered a non-citizen or alien. Finally, the contract also stipulates that the deal will not be affected by any institutional changes: “The validity and continuity of this contact shall not be affected by any institutional change within Gambia.” This is almost like the contract signed by Semlex and the government of the Democratic Republic of Congo.

As a response to this backlash, the national assembly launched an inquiry into the arrangement, while the government issued a press release stating that while the Semlex contract would remain in place, it was under review.

Since the contract was signed in 2016, it has remained largely unimplemented. A local company called Pristine had been provided, without bids, two contracts from 2009 to 2020 to produce identification documents for the country and has continued to provide the documents. The owners of Pristine have told reporters that if they lose the contract to the more politically connected Semlex, they would be in a lot of debt, as the family that owns it has invested $4.3 million for the work required for the provision of the documents.

Jammeh, Gambia’s former ruler, confused matters further when he gave the firms Zetex (another Belgain company) and its local partner Africard the same deal that he had given Semlex. There has been no evidence that any work has been undertaken by these two companies.

In January 2017, Semlex was also granted a contract to provide voter cards to Gambia. This was again carried out with no apparent government oversight and critics of the contract fear that it might use its power over the voter cards to influence elections, as the company is dependent on the success of the regime for its own personal success.

The original Semlex deal in Gambia was orchestrated by Laurent Lamothe, the former Prime Minister of Haiti and the director of Global Voice Group, a US-based communications company. Lamothe began working with Semlex in early 2007. The two companies drafted contracts and agreed to create a local venture known as Semlex Gambia and a company named Biometric International Group to be run by Lamothe. According to one version of the contract, Biometric International would earn 20% of the joint venture revenues, which would be paid out as bonuses, though who the benefactor/s of these bonuses are remains unclear. In July of 2007, they sent an email with a formal submission to the Gambian government, though it is unclear whether Biometric International was involved at the time. In addition, no deal seems to have been finalised at the time.

In 2016, Jammeh’s office instructed that the deal with Semlex be cancelled in favour of a contract with Zetex and Africard. This led to conflicting claims over which company had the rights to the contract. It then emerged that none of the three companies – Semlex, Pristine or Zetex – had ever been subjected to Gambia’s public procurement process. The office of the president in Gambia is allowed to “exempt any procuring organisation from requiring the approval of the Authority with respect to any procurement in whole or part”. Such exemptions are legally required to be published in the official Gazette. The government, however, seems to be siding with Semlex. As mentioned above, it maintains that Semlex’s contract is valid though its terms require re-evaluation. Critics fear the re-evaluation of the contract will not be effective as the national assembly is only allocated 10 days to investigate and review the contract.

How do Semlex, Karaziwan and his consortium of associates manage to secure these deals up and down the African continent? An important player in helping them secure these connections is Zina Wazouna Ahmed Idriss (referred to as “Madame Idriss” in Semlex emails). She is an ex-wife or President Idriss Deby of Chad. An email written by the Semlex finance manager, as well as sources with knowledge of Semlex’s operations, described her role as acting as an intermediary to help Semlex win new business in Africa.

In 2007 and 2008, Semlex secured two deals worth $21 million euros to produce passports, visas and ID cards for Gabon. From 2008 to 2010, Madame Idriss received payments totalling 1.6 million euros from Semlex, according to a Semlex spreadsheet of costs related to her. The invoices described the payments as commissions for helping land business in Gabon. The payments were made in various forms, including money for hotels, ski lessons, dresses, flights, credit card payments and cash, according to a Semlex spreadsheet from 2011. Payments totaling 565,561 euros went towards a house that Madame Idriss became the owner of in the upmarket district of Waterloo in Brussels. The payment was listed as “Maison Waterloo”. An additional 9,000 euros went towards rent for an apartment in Monaco. Madame Idriss was nominated by the Comoros foreign ministry as an honorary consul of the Comoros to Monaco in July 2010, according to Comoros foreign ministry documents.

How do Semlex, Karaziwan and his consortium of associates manage to secure these deals up and down the African continent? An important player in helping them secure these connections is Zina Wazouna Ahmed Idriss (referred to as “Madame Idriss” in Semlex emails). She is an ex-wife or President Idriss Deby of Chad. An email written by the Semlex finance manager, as well as sources with knowledge of Semlex’s operations, described her role as acting as an intermediary to help Semlex win new business in Africa.

***

In May 2018, Comoros officials in Brussels raided the headquarters of Semlex following the Reuters report on the company’ dealings in the DRC. Francis Koning, a lawyer who represents Karaziwan and Semlex, claimed that unidentified third parties were manipulating Reuters with the aim of damaging the reputation of Karaziwan and his company. He said, “Semlex Europe has no role in the decision to issue passports. This is the sole prerogative of the Comoros authorities who are the only authorised representatives to do so.” He then added that Semlex “is neither responsible nor to blame for the actions or acts” that are alleged in the Comoros parliamentary report on the sale of passports, “supposing they even took place”.

This report has been compiled from a series of investigations carried out and published by Reuters.

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Tama Mule is an editorial intern at The Elephant and an undergraduate at McGill University.

Politics

Maendeleo ya Wanawake and the Politics of Silencing Women

7 min read. The main objective of Kenya’s largest women’s organisation has been to subdue women’s voices and to control the constituency of women, a purpose that was both necessary and effective in an undemocratic state. That it is being revived may indicate the type of politics the elite envision for Kenya’s women.

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Maendeleo ya Wanawake and the Politics of Silencing Women
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MYWO has always existed to subdue women’s voices and to control the constituency of women, a purpose that was both necessary and effective in an undemocratic state. That it is being revived may indicate the type of politics the elite envision for the foreseeable future

We are witnessing the Kenyan government’s attempt to reimpose silence as the preferred political language in this next phase of politics. These attempts are hidden in plain sight. Take for instance the Maendeleo Ya Wanawake Organisation (MYWO)’s recent public censure of the Member of Parliament for Kandara constituency, Alice Wahome, for criticising the president, or the Women’s League of the Kikuyu Council of Elders demanding that the Building Bridges Initiative (BBI)’s popularisation is the preserve of those aligned to the president.

According to its website, MYWO is a non-governmental organisation of over 25,000 affiliate women’s groups and over 4 million individual members. Registered in 1952 by a group of white settler women as part of the colonial government’s Department of Community Development and Rehabilitation, its purpose was to focus on women’s social welfare, which it did through organising women’s self-help groups around the country. In central Kenya where the movement for land, freedom and independence (the Mau Mau) was active, MYWO was treated with suspicion and there were rumours it was used to collect information on Mau Mau activities.

MYWO was initially funded by the colonial government and later the independence government and continued to focus primarily on social welfare and development. The post-independence MYWO continued to act as an appendage of the state, going so far as to merge with the ruling Kenya African National Union (KANU) party in 1987. MYWO, therefore, has deep roots in the state and the state as an institution for the control of people. It is an organisation by women but not for women; its purpose is to serve the interests of the state.

MYWO has never deviated from its historical roots and purpose. It has never been an independent women’s organisation, nor has it ever been invested in women’s political agency. Despite being founded and growing as a social welfare and “development” organisation, MYWO gained political relevance as a voice for the ruling party KANU during President Daniel arap Moi’s repressive 24-year single-party rule.

Because women were for all intents and purposes excluded from mainstream politics, MYWO was one of the few spaces for politically active women. Thus, some of its chairpersons include such politically active women as: Hon. Phoebe Asiyo, who was first elected in 1980 and was also the first person to table a bill for affirmative action for women’s representation in elective politics in 1997; Jael Ogombe Mobogo, who almost beat Mwai Kibaki in the race for Member of Parliament for Bahati Constituency in the 1969 elections; and Ruth Habwe, who was expelled from KANU in 1966 after she dared to run against KANU as an independent. Other chairpersons of MYWO include such prominent women as Hon. Zipporah Kittony, who was first nominated by President Moi as a KANU MP in 1988 and again by Gideon Moi, President Moi’s son and the Chairman of KANU, to the Senate 25 years later in 2013; and Jane Kiano, who was also a patron of the organisation until her death in 2018.

Despite being founded and growing as a social welfare and “development” organisation, MYWO gained political relevance as a voice for the ruling party KANU during President Daniel arap Moi’s repressive 24-year single-party rule.

However, MYWO’s influence began to decline during the “second liberation” as demands for multipartyism grew and civic space expanded. As the public space for women expanded, including through the promulgation of the Constitution in 2010, MYWO continued to shrink. Its resurgence to chastise Alice Wahome for criticising the president is, therefore, worth reflection.It is also worth noting that President Uhuru Kenyatta first ran on a KANU ticket and his political mentor was President Moi.

For the first time in our history, men and women form a class of citizens, neither with superior status, and both with the right to representation in elective and appointive bodies. Yet over the past decade, and especially in the last seven years, we have witnessed some of the most hardened resistance by the state to women as citizens — from systematic violations of the Constitution to exclude women from Parliament, Cabinet, and parastatal and ambassadorial appointments (as required by the Bill of Rights Article 27) to laws undermining their equality in marriage and the increase in violence against women by men in the public and private spheres.

In other words, there has been no shortage of “women’s issues” over the past decade. Women and women’s organisations working in women’s interests have had to demand, advocate and fight for women against the state despite the law – from court cases challenging these unconstitutional actions by Parliament and by the president to public advocacy for compliance with the rule of law to ensure women’s full representation in public space and politics. Women working for and on behalf of women have been at the forefront of challenging state illegalities that harm women, undermine their citizenship and limit their opportunities. During this time MYWO has been missing in action.

The loud silence of MYWO and others, including the Women’s League of the Kikuyu Council of Elders, is because they aren’t concerned with or working in the interests of Kenyan women generally; they are working for and in the interests of the state and a minority of women within the establishment. MYWO certainly does not protect the interests of women as a class of citizens. This isn’t to argue that their position is invalid or does not deserve a platform but to provide context and to assert it is not the women’s position.

MYWO was established to subdue women’s voices and to control the constituency of women, a purpose that was both necessary and effective in an undemocratic state. That it is being revived may indicate the type of politics the elite envision for the future of women in the country. The Kikuyu Council of Elders is the preserve of men, and the emergence of a “women’s league” in a notoriously misogynistic institution is probably a sign that the interests and positions being advanced are those of men.

The homogenisation of women

Women have been speaking for the past decade on issues of national importance. Where are those voices of women who have been speaking when it wasn’t convenient or politically expedient? Indeed, what the 2010 Constitution did to the consternation of the political elite is to create opportunities for the largest number of women in Kenyan politics – women who demand public space and national platforms without apology and on the same terms as men, women who speak against the state’s failure to protect women.

The loud silence of MYWO and others, including the Women’s League of the Kikuyu Council of Elders, is because they aren’t concerned with or working in the interests of Kenyan women generally; they are working for and in the interests of the state and a minority of women within the establishment.

But the way in which women who have been speaking for and on behalf of women against the state are being covered today is an attempt to homogenise women, to deny women the right to multiple and diverse opinions (see how this is consistent with a view of women as not real citizens). A small class of politically active women are also trying use the media to manipulate the public into seeing them as the “leaders” of the constituency of women so that they can leverage this standing to secure positions in the negotiated politics that is the fashion post-BBI.

Women are insulted, raped and killed and MYWO is silent, but a woman politician doing politics in a way that upsets the establishment is a cause for national statements. No woman with an issue – from the alienation of inheritance land or rape of her daughter in a public high school, or even the death of her daughter allegedly by a governor – runs to MYWO. However, the state runs to MYWO when it has issues with women.

To deny women diverse political opinions is to deny us the fullness of citizenship; it serves to infantilise us as well as to deny us agency at a time when the political elite is most vulnerable. Our politics is bad but it isn’t simple.  Attempts by the political elite to gloss over differences or muzzle dissent should be met with suspicion.The only way citizens can influence the direction or agenda of politics is through critical political engagement not mere acquiescence.

MYWO’s resurgence, especially in the role of the disciplinarian of women doing politics, is a harbinger of a politics without basic freedoms: freedom of association and speech, not just for women, but all citizens. The nature of our popular, predominately male, political analysis is to render anything articulated by a woman as peripheral to the national discourse and only for the consumption of other women. Whereas men speak and do politics for the public, women speak and do politics only for other women.

This analytical framework fails to take cognisance of changes in society, as well as the expanded public and political role of women, especially post-2010. In addition, it is stubbornly ahistorical, ignoring this administration’s history of violating women’s rights as a prelude to more expansive and systematic repression. We see the same modus operandi with court orders. The Parliament and the president have consistently violated court orders on the two-thirds gender rule, including refusing to enact legislation on women’s representation and naming an unconstitutional cabinet. Now court orders are violated to deny some citizens the right to enter the country, as well as release them on bail.

We would do well to broaden our political analysis to take women’s role seriously as citizens with agency and with diverse political perspectives and, therefore, as proponents of both progressive and regressive politics. Part of what is most threatening in the current context is diversity of political opinion, complexity and nuance among all citizens, not just women.

MYWO and organisations like it are telling women what the proper political position is, thus pulling women back from complicating the public space by demanding to be heard. This is especially damaging for women because women as a class of citizens have legitimate litigated grievances that challenge the legality and legitimacy of any proposed referendum or constitutional amendment processes.

Why women are critically important is because none of the legal processes to amend the Constitution are available because these institutions are unconstitutional as they exclude women. We have an unconstitutional cabinet, an unconstitutional Parliament, an unconstitutional electoral body and a political elite that have all but admitted that elections are hijacked by those in power. The scope of the current illegalities would seem to exclude the current holders of those positions from initiating or overseeing any constitutional amendment process. Instead of an unconstitutional government overseeing amendments to the Constitution, what we should have is an independent transitional government. But the political elite know that this political moment works in their collective interest only if it is a binary choice, uncomplicated by facts and the law.

As citizens we would do well to be suspicious of those seeking to silence us or to mould us into well-packaged constituencies, whether they be organised around ethnicity, gender or age, for sale to the highest bidder. We are being encouraged to consider political choices that are both illegal and ahistorical and questioning the framing is considered heresy. We seem to have learned nothing from the silencing of critics and the faux “tyranny of numbers” scenario.

Shrinking the political space, especially the space to disagree and oppose the status quo, is bad for citizens and great for politicians. The politics of silence is the politics of oppression; it merely starts with women but will eventually silence and oppress all citizens equally.

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How Moi Manipulated Luo Politics to Entrench His Authoritarian Rule

11 min read. An assessment of South Nyanza’s politics suggests that President Moi owed his long rule partly to the Luo elite’s internal divisions and rivalries. The Moi era is also a study on how authoritarian leaders sustained their grip on power during the Cold War.

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How Moi Manipulated Luo Politics to Entrench His Authoritarian Rule
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Daniel arap Moi, Kenya’s second and longest-serving post-independence president, was buried at his Kabarak home on February 12th. His death, eulogy and press coverage by the big commercial media outlets have stoked divisive debates and ambivalent recollections of the past, which recall Fyodor Dostoevsky’s observations that “while nothing is easier to denounce than an evildoer, nothing is more difficult than to understand him.”

How does one understand the evils of the Nyayo government if Moi was solely responsible for some of the evils of his government, but not all the evils were exclusively his? And what if some of the evils Moi is rightly condemned for, such as crony capitalism, sabotaging democracy, resisting political reforms, political murders and corruption, are also the evils that were perpetuated by his predecessors, Jomo Kenyatta and Mwai Kibaki, and even his successor, Uhuru Kenyatta?

Perhaps one way is not to see Moi as the African Big Man, which Moi’s death has brought back into circulation. Though convenient, the Big Man or strongman reference conceals rather than reveals the kind of state power an authoritarian ruler wields, and the internal and external political forces that also shape the politics of authoritarian regimes. It conceals the wellspring of crimes committed by an evil leader in charge of a highly centralised and unitary state, one where the executive’s power has been concentrated in the presidency in particular, without the mitigating effect of the counter-balancing powers of an independent Parliament and judiciary.

Moi’s evil rule dominated every aspect of Kenya’s political life because his rule, like Jomo Kenyatta’s, was absolute state power, which post-independent statecraft has often wrapped in the rhetoric of sovereignty, patriotism, discipline, order, and development.

Moi’s authoritarian rule wasn’t solely a product of a unique character trait in him as an individual; rather, it was a handmaiden of the statecraft of an unreformed highly centralised and unitary state. By using this form of state power to reward and punish, he adroitly exploited the national or regional political needs of Kenyans and the political schemes and rivalries among his political rivals, and astutely manipulated the greed and the cravings of the clergy, the intelligentsia, and bureaucrats.

Moi’s evil government also had the support of the West during the Ronald Reagan and Margaret Thatcher eras, which kept his repressive, corrupt and incompetent government going. Britain and the United States were clear about who the enemies of the West were during the Cold War: communism and radical nationalisms in Africa. They wanted to reconfigure African economies through neoliberalism. So his was hardly a one-man show.

Perhaps the politics of the South Nyanza district in the 1980s, which resonated with the politics of the other marginalised regions of Kenya, offers some answers. At that time, Kenyan elites were jostling for positions in the new political order under Moi, and the Nyanza elite were no exception. Signaling a political truce and an intention to bring back the ostracised Kenya People’s Union politicians back into the fold, Moi appointed Jaramogi Oginga Odinga as the Chairman of the Cotton Lint and Seed Marketing in 1980.

Moi’s evil rule dominated every aspect of Kenya’s political life because his rule, like Jomo Kenyatta’s, was absolute state power, which post-independent statecraft has often wrapped in the rhetoric of sovereignty, patriotism, discipline, order, and development.

But, as Anyang’ Nyongo regretfully explained in the Star, despite their concerted efforts to keep Jaramogi Oginga Odinga out of the limelight, Jaramogi granted Hillary Ng’weno of the Weekly Review an ill-timed interview. Moreover, in Mombasa, Jaramogi “denounced Kenyatta as a land grabber”. These successive events, as Nyongo notes, torpedoed what would have been the Moi-Odinga rapport because Moi was beholden to the very Jomo Kenyatta era forces that had forced Jaramogi Oginga Odinga out of government and that had jailed him.

After the Jaramogi Oginga Odinga debacle, Moi looked to South Nyanza for new leaders who did not have autonomous political constituencies such as Odinga’s, and leaders who would owe him their allegiance. Moi found willing accomplices in some South Nyanza elite with whom he could fend off political enemies, run a brutal and repressive state security apparatus, and build an alternative political base to Jaramogi Oginga Odinga’s. It was a move that stirred the undercurrents of the intra-Luo and inter-district elite competition, resentment, and envy.

Moi understood the Luo intra-ethnic political undercurrents, its elites’ vanities, greed, and opportunism and their region’s developmental challenges. He played one individual’s ambitions against another individual’s ambitions, or one district’s elite faction against another faction, thus keeping his would-be enemies busy and preoccupied with siasa ya kuchimbana.

Legacy of the Seventh Day Adventists

For years, the South Nyanza elite had felt that the district had lagged behind Kisumu and Siaya districts in terms of social and economic development. The area was beleaguered with a huge disease burden and high mortality rates. In Freedom and After, Tom Mboya, suggested that this had partly been the social cost of the Seventh Day Adventist (SDA) mission’s anti-educated African attitude and miniscule investment in the education sector.

Referring to a time when the education of the Africans was mainly left to Christian missionaries, Mboya lamented:

There were also churches—for instance, the Seventh Day Adventists—which thought it immoral to give Africans any academic education, and believed all they should learn was the Bible from the first page to the end, and perhaps how to do some woodwork and manual labour. Until a few years ago the Seventh Day Adventists thought it un-Christian for an African to want to go to high school and university. I know of many cases of Africans who were openly condemned in church for trying to get further academic education. In some cases Africans who defied the church on these matters lost their teaching jobs or the employment. As a result, you have today very few highly educated Africans among the Seventh Day Adventists.”

Mboya’s beef with the SDA mission, the dominant Christian mission in South Nyanza and the islands of Lake Victoria (locally known as Lolwe), can’t be dismissed as the coloured view of a Roman Catholic; missionary education was racially-biased across denominations. But the SDA church of the colonial times, with its Kenyan headquarters at Gendia mission in Kendu-Bay, and its roots in the millennial religions of white North Americans, seemed to have exported America’s virulent racist attitudes towards “free” black people. The SDA church of colonial times seemed to have resolved that the type of education the “natives” needed was apolitical education – the teaching of “technical” or functional education, the kind that would not stir political agitation, but would be good enough for the immediate needs of the white-dominated colonial economy.

Mboya’s beef with the SDA mission, the dominant Christian mission in South Nyanza and the islands of Lake Victoria (locally known as Lolwe), can’t be dismissed as the coloured view of a Roman Catholic; missionary education was racially-biased across denominations.

In an era when the colonial government assigned various Christian missions particular geographical locations – ostensibly to forestall religious conflicts – only the Anglicans (the Queen’s church) could establish a mission anywhere they fancied. Thus a Christian mission’s formal or informal policy could have a great impact on a region’s socio-economic (mis)fortunes. The white missionaries’ preference for high altitudes and cooler climates meant that there were very few missions and missionary schools in South Nyanza’s mostly hot, mosquito- and tsetse fly-infested areas.

The rise and rise of Hezekiah Oyugi

Tom Mboya’s rise as the ultimate champion of post-independence modernity held great hopes for South Nyanza. But his assassination on July 5, 1969 robbed the region of a grand patron and an impatient moderniser who felt that the colonial government had dealt the region an unfair card. Orphaned by Tom Mboya’s murder, South Nyanza, more than any other district, was a region yearning for a patron and inclusion in government.

But South Nyanza elites’ ambitions and popular needs, a laggard elite formation, poor social and economic welfare, especially when compared with the other Luo-dominated districts of Kisumu and Siaya, played into Daniel Moi’s Machiavellian hands. The failed Oginga Odinga and Moi rapport paved the way for Moi to shift the centre of gravity of Nyanza’s Luo community politics.

No one personified Daniel arap Moi’s attempt to shift the centre of gravity of Nyanza politics and to control it more than the late Hezekiah Nelson Oyugi Ogango, aka “Kalam Maduong” or the Big Pen. Oyugi’s nickname attested to the might of Oyugi’s powers, which he derived from his lofty position in the Provincial Administration, and later as Permanent Secretary in charge of internal security, an office he held at the pleasure of President Moi.

Hezekiah Oyugi’s meteoric rise in Moi’s government came as a big surprise, especially after another Hezekiah, and a Luo to boot, Hezekiah Ochuka Rabala, a senior private in the Kenya Air Force, was named as being at the centre of the 1982 abortive coup that was said to have had the blessing of Jaramogi Oginga Odinga. No one expected another Luo to come close to state power, and certainly not close to a national security organ.

A Homa Bay legend has it that in the 1980s, a goat had spoken to Hezekiah Oyugi when he was serving as a Provincial Administrator in the Rift Valley. The goat had told him to warn the Kenyan government or the president of an impending drought or famine and request them to build a buffer against such an eventuality. Oyugi promptly relayed the message. President Moi heeded the prophetic warning by building a grain reserve, thus averting a famine. The legend’s Old Testament undertones cast Oyugi as Joseph, the interpreter of dreams in the Pharaoh’s court.

Hezekiah Oyugi’s meteoric rise in Moi’s government came as a big surprise, especially after another Hezekiah, and a Luo to boot, Hezekiah Ochuka Rabala, a senior private in the Kenya Air Force, was named as being at the centre of the 1982 abortive coup that was said to have had the blessing of Jaramogi Oginga Odinga.

Oyugi, like Simeon Nyachae, was an ambitious workaholic and a stickler for rules who zealously served the Moi government while pursuing his own regional political ambitions and development agenda, especially in South Nyanza. Tired of the streetwise, honey-tongued and rib-tickling political orators with dismal “development” records, such Olouch Kanindo, Oyugi attempted to remake South Nyanza’s politics in the 1980s.

The Moi-Oyugi line-up of the favoured Members of Parliament included politicians such as Peter Nyakiamo, Dalmas Otieno and one maverick – if ever there was one – Professor Ouma Muga, and other loud and loutish Nyayo loyalist types. The new crop of leaders had expansive worldviews, were educated and experienced as administrators of big corporate or academic institutions, and were above all Nyayo loyalists.

In the mid-1980s, Moi came calling at Homa Bay. The KANU’s brass band was bigger and better than St John Seminary Rakwaro’s, which often graced Homa Bay town’s national day celebrations. South Nyanza, it was said, had topped the list of the districts with the highest number of registered KANU supporters for the two consecutive years preceding the presidential visit. This wasn’t entirely voluntary. During those years, KANU youth wingers forcibly recruited party members. They had laid siege at the entrances and exits of the town’s markets and the main bus park, letting in only those who had a KANU membership card and the annual KANU membership stamp (worth five or ten shillings) affixed to it. In addition, the KANU Maendeleo Ya Wanawake women, the party stalwarts who could secure more than five kilos of pishori rice or unga ngano, went door to door, making sure that every adult was a registered and duly paid card-carrying member of the ruling party.

With the rise and rise of Hezekiah Oyugi as the PS in charge of internal security, the fortunes of other Luo leaders, such as David Okiki Amayo (KANU’s national chairman), ministers Dalmas Otieno, James Okwanyo, and Peter Nyakiamo, and several assistant ministers, such as Professor Ouma Muga and Ochola Mak’Anyengo, appeared to be on the rise too. But were they?

When the tide of Nyayoism receded from the shores of South Nyanza in the early 1990s, a mixed bag of harvest was revealed. Some educational institutions, notably Kanga High School and the Migori Institute of Science and Technology, were established. There was employment in the Provincial Administration and the Administration Police. There were other goodies, such as a school bus and a few church buildings.

However, the region faced deepening economic decline: bad roads, collapsed marine transport, beleaguered cotton, sugarcane and fisheries sectors, declining public sector employment or retrenchment (popularly known as “the golden handshake”), and an increasing disease and healthcare burden. Moi’s government was also balkanising the old South Nyanza district, dividing it along its dominant language and clan cleavages, namely, Rachuonyo, Migori, Suba, and Kuria districts.

Around that time, Hezekiah Oyugi had also died mysteriously, which was quite common during the Nyayo era. And Moi was openly and widely resented.

Representation without development

In 1993, the MP for Kasipul Kabondo, Otieno K’Opiyo, asked the Minister of Health why there were no Nyayo wards built in the former South Nyanza district. Yet, in his words, “if you consider the proximity of the previous leaders of South Nyanza, all of them were in cabinet and were very, very close to and were co-operating with the KANU government, but in spite of all this cooperation by nine ministers, nothing was done…why did they not consider South Nyanza where they had the heartbeat of KANU throbbing day in day out?”

Although many Nyayo wards were never completed in several parts of the country, and the Moi government later said that the wards were supposedly mainly a self-help and a partially government-sponsored project, South Nyanza did not get a Nyayo ward despite the fact that Peter Nyakiamo, the MP for Mbita, was the Minister of Health when the Nyayo ward project was initiated.

How could this happen? Can this paradox of good cabinet representation without local development explain the kinds of tweets posted on the debate on Moi’s legacy, but informed by the former North Eastern Province’s harsher experiences? Rashid Abdi stated on Twitter:

He [Moi] kept North under emergency law, deepened hatred of the ethnic Somalis, forced discriminatory pink card on them, looked on as his troops massacred civilians in Wagalla, ran a prosperous country aground, disappeared & killed ForMin [foreign minister]. Whose legacy history will look to kindly it is Raila Odinga. Raila made his mark in the struggle for democracy, new constitution and devolution (notwithstanding qualms about BBI), on the one hand.”

And then there was Ahmednasir Abdullahi SC’s ambivalent reaction:

Despite the history of NFD, the Independence Referendum of 1963, the war of independence (the shifta wars) and Section 124? Of the constitution that imposed state of emergency on NFD from 1963 to 1992, BABA Moi made Somalis, Borana, Gabra, Rendille et al to part of Kenya.”

Dr Sally Kosgei, Nyayo’s last Head of Civil Service and Secretary to the Cabinet, in her eulogy at Kabakak during Moi’s funeral, put her finger on this paradox of cabinet representation without development when she noted without any sense of irony that Moi “managed the affairs of the state with his civil servants”. (Note: Moi’s civil servants, not Kenya’s civil service.)

It was clear to all that in Moi’s government, cabinet positions were largely symbolic and ministers were dispensable. The KBC 1 o’clock news bulletin announcing the sacking of ministers hung over the cabinet ministers’ heads like a guillotine.

In nearly all-key institutions of Kenya’s highly centralised state power, the locus of power was not the elected public face of any particular institution. Rather, Kenya’s state power was deliberately designed to subvert its citizens’ democratic will and aspiration. In some instances, the bureaucrats and henchmen who wielded the most power were invisible or largely unknown beyond their private spheres of influence.

It was clear to all that in Moi’s government, cabinet positions were largely symbolic and ministers were dispensable. The KBC 1 o’clock news bulletin announcing the sacking of ministers hung over the cabinet ministers’ heads like a guillotine.

The locus of power lay in the office of a bureaucrat appointed directly or indirectly by the president, often without security of tenure or with superficial security of tenure. (“His civil servants.”) So it was the Treasury, not the National Assembly, that allocated national resources. Within the National Assembly, the clerk had more authority than the speaker. In the justice sector, it was the Attorney General, not the Chief Justice, who was the ultimate legal authority. In any given ministry, it was the Permanent Secretary, not the minister, who made the important decisions. In local governments, it was the various clerks who wielded power. In the districts, the District Commissioners called the shots as chairmen of the District Development Committees and the District Security Committees. In the villages, it was the chiefs, not the elected councillors, who were the kingpins. Nearly all the elected leaders were subservient to the president’s appointed bureaucrats who had the “Authority to Incur Expenditure” behind the scenes.

An assessment of South Nyanza’s politics in the first decade of Moi’s presidency suggests that the former Kenyan president owed his long rule partly to the Luo elite’s internal divisions and rivalries – often ignited by none other than Moi himself. Moi adroitly and carefully co-opted the regional elite from marginalised ethnic groups, cynically exploiting their yearning for “development”, and keeping them happy and slavish. However, their appointment to key positions did little to bring “development” to their regions.

South Nyanza’s experience also suggests that Moi stayed in power for long because of his brutal repression of the opposition, because of the atomising fear and despondency that his regime of terror induced in the population, as well as because of the international financial support his government received from or through the West, especially Britain and the United States. Kenya under Moi’s authoritarian rule was the proverbial crocodile’s lair where no freedom fighter or radical nationalist sought refuge.

Daniel arap Moi may have fancied himself as an African statesman – and was even eulogised as one by many – but his reign is a study on how authoritarian leaders sustained their grip on power during the Cold War. The evils of the Nyayo era recall Lord Acton’s maxim: absolute power corrupts absolutely.

To think of Moi as either a “Big Man” or a “strongman” is to ignore the institutional distortions that enabled him to rule over Kenya with an iron fist, and the domestic and international support that sustained his presidency.

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Revisiting the Goldenberg Ghosts

14 min read. The Goldenberg scandal did not just negatively impact the Kenyan economy, it also left in its wake damaged and destroyed lives. Central Bank of Kenya employees who raised queries about the massive fraud were quickly sacrificed. These individuals and their families have hauntingly traumatic memories of Moi and his government.

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Revisiting the Goldenberg Ghosts
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As a curious child growing up in the early 1990s, I had a general idea from reading the newspapers that my father brought home that Daniel arap Moi’s Kenya was not a place to play around. Then, in August 1992, these abstract ideas became realities. One evening, my visibly distressed mother brought home a newspaper bearing the photo of her elder brother appearing unconscious and lying on a bed at Nairobi Hospital. The caption had my uncle’s name, Francis Lukorito (whom we called Uncle L), followed by an explanation that the hospitalised Central Bank of Kenya employee had been arrested days earlier in relation to the mysterious death of the multiparty stalwart Masinde Muliro.

Pius Masinde Muliro, the founding member of the Forum for the Restoration of Democracy (FORD), had been declared dead on a Nairobi-bound flight from London, where he had gone to fund-raise for the party. FORD was a serious contender in the 1992 general election following the repeal of Section 2(a) of the constitution, abolishing Moi’s one-party state. That newspaper, with the usually charming Uncle L appearing bruised, swollen and defeated, became part of family memorabilia, in remembrance of the day my uncle became an enemy of the state.

Uncle L was a tall, heavily built and worldly individual who people aspired to become. He finished his high school education at Lenana School and proceeded to undergraduate Bachelor of Commerce studies at the University of Nairobi. He was an impressionable 23-year-old when the Central Bank of Kenya came calling in 1976. He was first sent to Milan, then to Washington, D.C. for further training. Within a short period of time, he became the bank’s superintendent, then the senior Superintendent. The future was supposed to be bright – until August 1992 happened.

As narrated to the Judicial Commission of Inquiry into the Goldenberg Affair, where Uncle L took the witness stand on 14 January 2004, the truth was that Muliro and Uncle L came a long way. When Muliro was attending school in Tororo, Uganda, before proceeding to the University of Cape Town in South Africa, he made a habit of passing by my grandfather’s home at the Kenya-Uganda border, not too far from Tororo, where he spent time with my grandfather, who was his age-mate. Since then, Muliro remained a regular visitor to my late grandfather’s home, in the process becoming my uncle’s guardian.

On 14 August 1992, while minding his business at work, Uncle L received a call from a friend who informed him that Muliro was dead. Shocked and in disbelief, he left for Muliro’s Nairobi residence in Upper Hill, where he confirmed the news. As Muliro’s children contemplated their next move in dealing with their patriarch’s death, it was decided that Uncle L would become the treasurer for the funeral organising committee. Uncle L drove back to work, unaware that his association with Muliro was about to be conveniently used as a scapegoat to kick him out of the Central Bank – in a bigger game of chess that was being played at Moi’s State House.

Five days later, on 19 August 1992, three plainclothes policemen showed up at the Central Bank. With them was Mr. H. H. Njoroge, Uncle L’s head of division, and a Mr. Karanja, the bank’s chief security officer. The men requested Uncle L to accompany them. No explanations were given. Since the bank officials were aware of what was transpiring, Uncle L obliged. Outside the bank building, on Haile Selassie Avenue, Uncle L saw a Special Branch Peugeot 504 station wagon with two more men inside. There and then, in Moi’s Kenya of detention without trial, he knew his goose was cooked. Multiparty politics had been begrudgingly restored, and although it appeared the democratic space was expanding, in Uncle L’s world, there lurked a monster which was about to cripple the Kenyan economy, an ogre which he and a few others had tried to slay, but which had now come back to haunt them.

As senior superintendent, Uncle L had to scrutinise all export compensation scheme-related CD3 forms submitted to the Central Bank by commercial banks on behalf of their exporting customers. Uncle L worked with Mr. David Meader, an Australian national seconded to the bank from the International Monetary Fund. The duo flagged a whopping 17 billion shillings, which they considered an irregular payout to a company called Goldenberg International, which was purporting to be exporting massive amounts of gold and diamonds on a daily basis to Europe, the Middle East and Asia (even though Kenya had no known commercial deposits of either). For every US dollar earned in the purported sales abroad, Goldenberg was under a statutory export compensation claim where it was paid thirty US cents by the Central Bank in Kenya shillings as a reward for boosting Kenya’s exports.

However, proof of sales and exports of gold and diamonds later turned out to be forgeries.

By mid-1992, six months prior to the first multiparty presidential election in three decades, the flow of CD3 forms intensified. At that time, Uncle L and Mr. Meader raised red flags about what they believed was fraud by writing to the Central Bank’s chief banking manager, the director of research, the deputy governor and the national debt office. As they kept scrutinising more CD3 forms, more anomalies surfaced. Unknown to Uncle L and Mr. Meader, the scheme involved some of the most powerful individuals in Kenya, including the Head of the Special Branch (Kenya’s intelligence service), who was a partner in Goldenberg International, a company owned by Kamlesh Pattni.

Two decades later, while answering a question posed by the Goldenberg Commission’s lead counsel, Dr. John Khaminwa, Uncle L admitted that he and Mr. Meader suspected that they were in the middle of a multi-billion financial scandal, which was being executed right in front of their eyes. As it would later emerge, some of the individuals whom they wrote to complain about the 17 billion shillings and other irregularities were in fact part of the action.

Khaminwa: Why do you believe Mr. Riungu, Mr. Waiguru and Mr. Karanja were responsible for your arrest? 

Lukorito: Because when I was working on pre-shipment finance papers, Mr. Pattni was very close to Mr. Riungu. On a daily basis, Mr. Pattni would come and see Mr. Riungu. While working on the papers with Mr. Meader, I would see Mr. Pattni going into Mr. Riungu’s office next door.

Upon entering the Peugeot 504, Uncle L was driven to the Nairobi Area Police Headquarters, where he was taken to a basement office. There, he met three policemen – Mr. Kimurgor, Mr. Murage and Mr. Slim – who wanted to know how he knew Muliro, how he came to know about Muliro’s death, how close he was to the opposition leader, and whether he knew where Muliro stayed. Uncle L gave them the history by writing a 16-page statement.

Later that evening, he was thrown into the back seat of the Peugeot, where he was made to lie down on the vehicle’s floor. The policemen sat and stepped on him as they drove along. After a not-so-smooth drive, the vehicle slowed down at what seemed like the entrance of a building. As they pulled Uncle L out, he saw Hotel InterContinental’s beige façade. If he hadn’t expected the worst, then being in the precincts of Nyayo House gave him reason to be afraid.

Two decades later, while answering a question posed by the Goldenberg Commission’s lead counsel, Dr. John Khaminwa, Uncle L admitted that he and Mr. Meader suspected that they were in the middle of a multi-billion financial scandal…As it would later emerge, some of the individuals whom they wrote to complain about the 17 billion shillings and other irregularities were in fact part of the action.

He was taken to an upper floor within Nyayo House where he met a new set of hostile Special Branch interrogators. This time, the story was that he was an opposition mole within the bank. He told them he wasn’t. The beating started. Uncle L collapsed. When he came to, he was in a dark room filled with water that made his skin itchy. His body was swollen and aching all over. Lucky for him, he was picked up later that night and delivered to Parklands Police Station.

The following morning, Uncle L was driven to Nairobi Area Police Headquarters. This time there was not much to talk about other than kicks and blows. He collapsed. When he came to, he found himself at Nairobi Hospital, where the photo in the newspaper my mother brought home was taken. How the media knew who he was, why he had been arrested and where he was hospitalised is anyone’s guess. Uncle L had not been charged with any crime, but he had been badly tarred with a broad brush – he was now a government official caught in the middle of the country’s “dangerous” opposition politics. He stayed bedridden for six days.

The impact of the beatings meted on Uncle L are captured in the 14 January 2004 proceedings of the Goldenberg Commission, which read: (The witness was then referred to a medical report signed by Dr. D. K Gikonyo, a physician and cardiologist, which showed that on admission, among other things, his blood pressure was extremely high – 230/130. (He has since become hypertensive.) After a mandatory two week sick leave, Uncle L was quickly interdicted.

“Following your arrest by the police on 19 August 1992, we write to advise you that it has been decided to interdict you with immediate effect in accordance with Rule 6.35 (b) of the Staff Rules and Regulations,’’ read the letter from the Central Bank of Kenya’s Administration Division, signed by Mr. C.K. Ndubai. ‘‘While on interdiction, you will be paid half your salary and you will be required to report on every working day to the Head, Security Division, where you will sign a register of attendance. You will not leave your place of work except with the permission of the Head of Security Division. The interdiction will remain in force until further notice.” 

This is how a lame game of ping pong at the highest level of Moi’s government started. On 21 September 1992, Uncle L received another letter, ostensibly reversing his earlier interdiction and requesting him to report to the Principal, Development Division, for assignment of duties.

“This is to advise you that it has been decided that your interdiction be lifted with immediate effect and that you report in your former Division. Accordingly, please arrange to report to the Principal, Development Division immediately for assignment of duties.”

On 8 July 1993, Mr. J. K. Waiguru, the Central Bank’s Secretary had some news.

“Following the lifting of your interdiction and posting back to your division, there has been further development in this matter. Would you please report to the Deputy Governor for further instructions.”

When Uncle L went to see the deputy governor, he was advised to go and see the head of the civil service, Prof. Philip Mbithi, who was stationed at Harambee House. Prof. Mbithi told Uncle L to go home and wait. Someone would be sent to him. Uncle L waited for over six months without pay. Then in February 1994, Prof. Mbithi sent someone to Uncle L’s Nairobi home to bring him over. On reaching Harambee House, Prof. Mbithi referred Uncle L to his personal assistant, Mr. S. Z. Ambuka. Mr. Ambuka showed Uncle L a letter dated 10 February 1993 – signed by Mr. Ambuka – addressed to Dr. Wilfred Koinange, the Permanent Secretary in the Ministry of Finance.

You will recall that early this week, I talked to you about the redeployment of the above-named officer who previously worked with the Central Bank and whom we were asked to assist in re-deploying to any of the other banking institutions.

You asked me to check with the Central Bank and confirm [Uncle L’s] status with them before you could take over the case. I had discussions with the bank secretary who confirmed that:

(a) When [Uncle L] had a discipline case with them, he was struck off their payroll.

(b) However, when it was later decided that [he] be forgiven and rehabilitated, he was reinstated in the payroll.

(c) Later on, a decision was made that [Uncle L] be referred to the Office of the President for re-allocation of duties elsewhere. When he was referred to the Office of the President (and subsequently to Treasury), he ceased being in the CBK payroll.

(d) The Bank Secretary advises that [Uncle L] could apply for early retirement from the bank. This early retirement, if approved, would be frozen as [Uncle L] would not be entitled to any retirement benefits until he attains the mandatory age of 50 years.

(e) [Uncle L] would then be available for you to assist him get a fresh placement in any other financial institutions.

[Uncle L] has accordingly been informed and is herewith sent to you for the necessary assistance.”

There it was. Having tried to kick Uncle L out of the Central Bank and failed, his case had now been referred to the country’s top civil servant at Harambee House to enact the final chess move. It was being fashioned as a case of an ill-disciplined employee, but no one at the Central Bank wanted to take administrative responsibility for Uncle L’s predicament. It was all so confusing until Jacinta Mwatela, a witness at the Goldenberg Commission, solved the puzzle.

Khaminwa: Were you forgiven and rehabilitated? 

Lukorito: I do not know that I was supposed to be forgiven because I had committed no offence.

Khaminwa: Something I don’t seem to understand. You were employed by the Central Bank, then how does the Head of the Public Service come into a corporate organisation like CBK?

Lukorito: I do not understand either.

Khaminwa: In Mrs. Mwatela’s statement in Exhibit 111, could you read what she says about you.

Lukorito: [Reads statement.] “I remember Mr. Pattni visiting me in my new office. He arrogantly and proudly reprimanded me for my alleged stupidity in questioning his affairs. He claimed that my stupidity would get me nowhere. I did not reply to him. He specifically referred to one Mr. Lukorito who had been sacked and informed me that no one played about with him and got away with it. I knew he had powerful connections and no purpose would be served in answering him.”

There it was, confirmed in black and white: Goldenberg. Uncle L’s mistake was that he had stood in the way of Kamlesh Pattni, who could leverage state power, including the Office of the Head of the Civil Service, to deal with him firmly.

Having tried to kick Uncle L out of the Central Bank and failed, his case had now been referred to the country’s top civil servant at Harambee House…It was being fashioned as a case of an ill-disciplined employee, but no one at the Central Bank wanted to take administrative responsibility for Uncle L’s predicament. It was all so confusing until Jacinta Mwatela, a witness at the Goldenberg Commission, solved the puzzle.

Unless one lived through it or studied Moi’s state in the 1980s and 1990s, one may be prone to ask: How could Pattni wield so much power within the state, including at the Office of the President, knowing that power was centralised around Moi? More importantly, one may then want to ask: How did Uncle L try to interfere with the Goldenberg pay-outs, and did he have powers to stop Kenya’s biggest economic crime to date? The answer lies in an exchange between Uncle L and lawyer Cecil Miller, appearing for the Deposit Protection Fund at the Goldenberg Commission.

Miller: Mr. Lukorito, did you question the duplication of CD3s in writing?

Lukorito: Yes. They should be with CBK.

Miller: Who did you write to?

Lukorito: The chief banking manager, the director of research, the deputy governor and the national debt office.

Miller: Did you get a response?

Lukorito: They did not come directly but they came in the form of whether we had agreed on the level of Treasury Bills that we were to advertise for the weekly tenders. If we all agreed on the amount, we would advertise. 

Miller: Am I right in saying that technically you were the final port of call in relation to CD3s and pre-shipment?

Lukorito: Yes my lords.

Miller: If you look at page 17 of your statement, you mention Exchange and Pan African banks. 

Lukorito: Yes my lords. 

Miller: You then proceed to say on page 18; “The funds would be withdrawn from CBK under a currency withdrawal scheme by the two banks and then the amount withdrawn by the beneficiaries at the bank.” Would you know who the beneficiaries were?

Lukorito: I would not know my lords. We would detect the money movement using the open market operations ledger. 

Miller: You raised a concern on page 39 – your memo – on the potential snowball effect on the banking sector. And you got a response which you say you were not satisfied with?

Lukorito: I was not my lords.

Miller: If you look at page 14 of your statement, you list the beneficiaries of the pre-export finance scheme. You left the bank in November 1994. 

Lukorito: I was arrested on August 19, 1992 and from that day I just used to report but I was not working within the bank.

Miller: So you would not know that three of these banks went into liquidation thereafter?

Lukorito: I wouldn’t know. 

Miller: And you would not know whether they had paid their pre-shipment funds by the time? 

Lukorito: I would not know. 

Dr. Wilfred Koinange seemed like a man of few words. ‘‘I have nothing to do with you,’’ he told Uncle L. With that, my uncle was forcibly retired from the Central Bank of Kenya aged 40, an age where he wasn’t entitled to a pension. This is how Kenya is known to treat its best.

‘‘That is all I wish to say in deciding to risk my life by becoming an actor instead of a privileged spectator in the fraudulent deals through CBK during my last years with them.’’ Uncle L told the Commission when wrapping up his testimony. ‘‘And while I can claim a background in central banking, I can only claim a very great interest in the fields of money, banking and finance which would have enabled me to contribute to the economic transformation taking place in our sub-region. It is my hope that someday I will have the opportunity to bring to consummation that interest.’’                                                            

*** 

Sometime in 2014, Uncle L pulled me aside during a family gathering, sat me under a tree and started reading to me a letter of solidarity sent to him during his travails at the hands of the Moi state by a mutual friend he shared with Muliro, who had since moved abroad. The letter was aged, worn thin by the elements and now turning brownish. As he read it, it was as if he was being transported into a different realm. Tears started rolling down his cheeks, but his voice didn’t falter. He was crying, but he wasn’t. I felt both sorry and proud of him, for his endurance, defiance and stoicism. It was an awkward yet special moment. As always, the conversation veered back to Goldenberg. He quickly dispatched his son to bring more documents. He wanted to show me the architects of the 1990-1994 Goldenberg fraud.

Unless one lived through it or studied Moi’s state in the 1980s and 1990s, one may be prone to ask: How could Pattni wield so much power within the state, including at the Office of the President, knowing that power was centralised around Moi?

According to Uncle L, much as it had siphoned billions of shillings, Goldenberg International was not the only guilty party; the Goldenberg Inquiry listed over 500 individuals and companies as recipients of portions of the loot. In the end, the Kenyan public was defrauded to the tune of 158 billion shillings (2.8 billion US dollars at the 1994 exchange rate), the scam transferring the equivalent of over 10% of Kenya’s GDP for the 5 years concerned into private hands. In the process, the Kenya shilling collapsed – dropping from 21 shillings in 1990 to 56 shillings in 1994 against the US dollar. Some of the names Uncle L mentioned, known to those who know within the banking system, left me dumbfounded. But then no one could talk. Those like him who dared speak were unceremoniously pushed to the gutter, their lives turned upside down.

The same fate befell Joseph Mumelo, the Central Bank’s Head of Foreign Exchange, who was married to my mother’s first cousin. As mentioned in the 8 February 2020 Saturday Nation article “Legitimate and dubious means Moi used to build empire”, Uncle Joe was asked not to interfere whenever money was siphoned through the Moi-affiliated Transnational Bank. In 1993, a terrified and non-cooperative Uncle Joe was arrested and detained before being kicked out of the bank.

When I joined Nairobi School in 1999, my family had already moved out of Nairobi, and so I spent my mid-term breaks either at Uncle Joe’s or Uncle L’s. They both had children my age. By then, Uncle L had long moved to his rural home. Uncle Joe retreated to his new home on the outskirts of Nairobi.

Whenever I visited, Uncle Joe and I stayed up until the wee hours of the morning playing Scrabble. He would open up to me about all sorts of things. Through him and Uncle L, I learnt the proper meaning of lying low. Just like Uncle L, Uncle Joe never drove any of his cars. He enlisted the services of a taxi driver who drove a Volkswagen beetle, and unless the guy showed up, Uncle Joe rarely left the house. On some nights, when he was brought home by his friends, Uncle Joe refused to get out of the vehicle until the song playing on the car stereo played to the end. His were little pleasures. Just like Uncle L, with his roaring voice, he cursed loudly at Moi and his men on the rare occasions he watched the news. Everyone knew to stay quiet.

According to Uncle L, much as it had siphoned billions of shillings, Goldenberg International was not the only guilty party; the Goldenberg Inquiry listed over 500 individuals and companies as recipients of portions of the loot. In the end, the Kenyan public was defrauded to the tune of 158 billion shillings (2.8 billion US dollars at the 1994 exchange rate)…

Seeing that Uncle Joe died before he could appear as a witness at the Goldenberg Commission, Uncle L decided to do family duty by adding Uncle Joe’s police statement at the time of his arrest as an annexure to his own, so that Uncle Joe could be heard posthumously. Below, the Commission’s Dr. Khaminwa questions Uncle L about Uncle Joe’s statement on the pay-outs.

Khaminwa: Would you look at your additional statement and read it. 

Lukorito: [Reads statement.]Further to my January 12, 2004 statement, I wish to state that sometime in July 1993, I learnt from the Central Bank of Kenya that one of my former seniors there, Mr. Joseph Mumelo had been arrested by police and was at Kileleshwa Police Station. I visited him and he told me that the previous governor Mr. Kotut had asked him to pass some cheques relating to some banks and when he later on put it in writing, the governor disowned him. I told him that I also had a similar problem with pre–export finance in relation to Goldenberg International. He told me he believed that it was the source of my problem with the bank. I later learnt that he was released and retired from bank service. I have been shown a statement recorded from the late Mumelo on July 23, 1993. The deceased shared the same views as those noted in my memo to Mr. Riungu on January 21, 1992. 

Khaminwa: You state that you had problems with Mr. Kotut regarding pre–export finance, could you remind us what the problem was? 

Lukorito: We got some applications from Goldenberg International but Mr. Riungu was absent. The papers were pushed to Mr. Kotut’s office but we never got any reply. We were not able to proceed because the papers were, to me, very suspect. They had the same CD3 serial numbers from different banks and the amounts were substantial. Mr. Mumelo appeared scared and told me that he was not staying at home because he had been threatened by powerful people. He was moving from hotel to hotel. He cautioned me and from July 1993, I never drove any of my vehicles.

Uncle Joe’s and Uncle L’s well-being – careers, livelihoods, health, family life and their wives’ and children’s welfares and futures – all became collateral damage because they raised queries which had the capacity to unravel Goldenberg. These are the hauntingly traumatic memories some families have of Moi and his government. Sadly, the Goldenberg culprits remain unpunished to date.

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