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No Longer at Ease: Uthamaki, Uhuru and a Dream Deferred

In moments when an ethnic community finds itself in a crisis, its spontaneous response is to blame everyone but itself: introspection becomes anathema – it searches for scapegoats and scarecrows to explain away its internal contradictions and confusion. By DAUTI KAHURA

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NO LONGER AT EASE: Uthamaki, Uhuru and a Dream Deferred
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I returned to Kirimukuyu village, in Tumu Tumu sub-location, which is seven kilometres from Karatina town in Mathira constituency, Nyeri County, exactly twelve months after I had first travelled there to see an old lady by the name of Felistus Waguthi.

In the twelve months that had passed, Waguthi, who will be 76 years old this year, had lost her only brother, and in the last three months, she had been marooned in her house after breaking her leg. “I tripped on a slippery slope one morning as I went to the shamba, fracturing my leg bone and twisting my ankle,” she said to me, her left leg heavily bandaged and in a cast lifted up to rest on the bed. She was also hard of hearing, but “everything else considered, I have been okay, you’ve found me alive.”

When I met Waguthi in January 2018, President Uhuru Kenyatta and former Prime Minister Raila Odinga, political rivals in the controversial 2017 general elections, had not “greeted” each other. The “handshake” between them that took place on 9 March, 2018, gave birth to the Building Bridges Initiative (BBI), which is supposed to unite the country and ease political tensions.

Waguthi is not so convinced that BBI will work. “The fate of the country as currently constituted does not augur well for the future,” surmised the old lady, pointing out that the only thing the “greeting” had succeeded in doing was to forestall the mounting tension that cast a cloud of political uncertainty soon after the controversial 8 August presidential elections of and the repeat elections on 26 October.

“The political trajectory the country is taking is perilous and doubly uncertain because not only have things gone from bad to worse economically, but politically, the country’s leadership is groping around as President Uhuru and his cohorts seem clueless and rudderless as they steer the ship in the yet unsettled stormy waters, apparently from day to day.”

I had gone back to see Waguthi to help me reflect on the leadership of the Jubilee Party, a leadership that after retaking presidential powers in 2017 had left its base – the Kikuyu voter – seemingly confused and discombobulated. At 76 and having lived in a rural area for the better part of her adult life, Waguthi’s contemporary political analysis and sensibilities were sophisticated and on point.

“Uhuru has mortgaged the country to the Chinese…the debt now is in trillions, isn’t it?” mused the old lady, waving her fingers at me. “How much money is that? Those are mindboggling figures, yet all that money has been stolen by his friends and relatives. His government has been the most corrupt to date since I came of age and got to know what politics was all about. It is riddled with thieves and robbers and all he does is curse, threaten and talk big. I’ve never seen a president with no backbone like Uhuru. The current Kenyan leadership is in a crisis and this greeting between Uhuru and Raila, whose agenda is neither known nor understood by Kenyans, is just a gimmick to confuse the people even further,” analysed the old lady. “This is Uhuru’s last term, it is incumbent he vacates power and lets the constitution guide the next elections. Any attempt to tamper with the constitution so that he and Raila can create new centres of powers can only plunge this country into turmoil,” said Waguthi.

“Uhuru has mortgaged the country to the Chinese…the debt now is in trillions, isn’t it?” mused the old lady, waving her fingers at me. “How much money is that? Those are mindboggling figures, yet all that money has been stolen by his friends and relatives. His government has been the most corrupt to date since I came of age and got to know what politics was all about. It is riddled with thieves and robbers and all he does is curse, threaten and talk big…”

Waguthi told me that Uthamaki – the notion that only Kikuyus are entitled to political leadership in the country – had become a mirage, a dream deferred, a paradise lost that had left a bitter taste in the mouths of the Kikuyu people. “President Uhuru seems still hell bent in his political schemes to misuse the Kikuyus in abusing state power…That’s why there is this talk of changing the constitution…this will be disastrous, and if this is a harbinger of things to come, woe unto Kenyans. Don’t these African leaders ever learn?” Africa, she said, had been plagued with bad leadership, with leaders never wanting to leave office, which had led to many deaths and wanton destruction. Kenya, she added, was on its way to joining the league of failed state nations.

The old lady said that the move to change the 2010 constitution so that President Uhuru and Raila can presumably upstage Deputy President William Ruto in his bid to succeed Uhuru was devious and would jeopardise the security of Kikuyus in the greater Rift Valley diaspora and elsewhere in Kenya. “There has never been a time when the security of the Kikuyu people in the country has been as precarious and threatened as now…there is seemingly a truce in the country today, no doubt, brought about by the ten-month-old greeting, but one stupid move by the Uhuru leadership could see the Kikuyu peoples’ lives wrought in mortal danger.

“If it were not for the young Kalenjin man [Ruto], Uhuru would not be president, and our people would probably not live comfortably in the Rift Valley. That is a disturbing fact and, however much a section of the Kikuyu people and their political leaders will now pretend that this is not so, they owe it to Ruto,” said Waguthi matter-of-factly. “Many Kikuyus are now remembering to say many things about Ruto…that’s very interesting and those things could as well be true…but be knowing this, if you choose to welcome an ogre into your house, don’t complain afterwards that it is overfeeding and has taken over the whole house.”

“Uhuru was never a man worth being a president,” observed Waguthi. “The presidency was forced on him and six years later, he has made a total mess of it. He has never been in control, much less concerned with the destiny and plight of the people. Now that he has realised that he will be leaving the powerful position, fear and despondency have gripped his presidency – he’s been creating commotions and distractions to appear like he’s on top of things.”

Dusk was setting in and the lady who had been taking care of her was on her way back from Tumu Tumu trading centre where she had gone to recharge Waguthi’s mobile phone. Waguthi summed up her prognosis: “The president led a life of privilege. He has never done anything for himself. He is laid back. Everything has always been done for him, and even in politics that has been the case. That’s how a prince behaves…it isn’t his fault, because that’s how he was socialised. The fault has been the people who entrusted their political fortunes to a man, not because he was fit for the job, but because he came from a big political family, and therefore presumed that political power was his right.” The old lady said Uhuru pales in comparison to Ruto, who is tough, hardworking and does not come off as having been pampered in his early life.

Waguthi had given me some political food for thought, surprising and unpalatable as it may have been, coming especially from an old lady. But her analysis had been echoed by a much- travelled man, who was as educated and professional as they come. Three weeks before going to meet Waguthi, I had spent some time with a former World Bank financial consultant in Ngegu on the outskirts of Kiambu town in Kiambu County.

A teetotaler and staunch Protestant Christian, the soft-spoken 68-year-old Gikandi strikes you as a man of really few words – until he is provoked to give his prevailing political views. “The handshake had calmed down the palpable tension that had been building up in the country soon after the two elections…the county is much less tense now, but that was not a license for Uhuru and Raila to introduce a hideous agenda through the formation of the Building the Bridges Initiative,” posited Gikandi. “Let us be clear about one thing: were it not for William Ruto, Uhuru would not be president of Kenya. Have you forgotten how the two campaigned together in folded white shirts? We’ll not be drawn into distractions. The prevailing talk about political debts or the lack thereof, state corruption, revived past sins are all unhelpful and unnecessary.”

“I have lived long enough to know who has been stealing money from state coffers,” said Gikandi. “Kikuyus have stolen more money from successive governments than anybody cares to know or investigate. That I can tell you for a fact: Money was stolen in Kenyatta (I), during Daniel arap Moi’s tenure, during Mwai Kibaki’s rule and now, more than ever before, in Kenyatta (II).”

Jomo Kenyatta, father to Uhuru, was the founding president who ruled as an imperial president for 15 years, from 1963 to 1978. His Vice President, Moi, took over from 1978 till 2003, when his second term ended and his “project” Uhuru Kenyatta, the Kanu flagbearer who he had primed and propped up to take over from him, was defeated by Kibaki on a National Rainbow Coalition (Narc) party ticket.

“What we want post-2022 is security and stability for all,” said the former World Bank auditor. “President Uhuru must be very careful how he fashions his politics now as we head to 2022. It would be extremely devious of him to not think of the security of our people in the Rift Valley. I do not want to belabour that fact, but you and I know that a political misstep or mishap could easily trigger mayhem in that part of the country. We do not want a repeat of 2008. Some Kikuyus are now remembering Ruto’s past sins. They should have remembered them in 2012, not now.”

“I believe Ruto will get things done,” said Gikandi, “because he is focused, hardworking and he is always on top of things. All the President’s men, past and present, have stolen. I am not persuaded that it is the DP and his men that have allegedly siphoned all the money from the state. We cannot have double standards if we want to curb corruption and, by the way, why has President Uhuru chosen to ‘fight’ corruption now?”

“What we want post-2022 is security and stability for all,” said the former World Bank auditor. “President Uhuru must be very careful how he fashions his politics now as we head to 2022. It would be extremely devious of him to not think of the security of our people in the Rift Valley. I do not want to belabour that fact, but you and I know that a political misstep or mishap could easily trigger mayhem in that part of the country. We do not want a repeat of 2008…”

The financial risk management consultant, who is also a revered church elder of a big Anglican church in Mt Kenya South diocese, said that if BBI lives up to its demand of holding a referendum so that the constitution is changed, he will robustly oppose it. “Uhuru should just honour the constitution and peacefully leave office. More importantly, he should honour the promise to his deputy. We can still remember it very well, made in the lead-up to 2013 general election.”

While in Nyeri County, I also spoke to millennials. Their political views were equally surprising. I met Mureithi from Skuta, a trading town six kilometres from Nyeri town. Mureithi, who is in his mid-30s, runs an electronics shop at Thunguma centre, which is separated from Skuta by two kilometres.

“We do not want to hear anything about President Uhuru,” said an embittered Mureithi. “He has wasted us, he fought so hard to reclaim the presidency only to plunge us further into deep poverty and political uncertainty. I am struggling to stay afloat. In the past one year, Uthamaki rulership has turned into ultimatums and angry outbursts from the president when confronted with issues of Central Kenya development issues. We, the young people of Nyeri County, have made up our minds. We have nothing to do with Uhuru, his projects, or his political schemes.”

In retrospect, Mureithi told me, President Uhuru’s six years at the helm was for self-aggrandisement and enriching his friends and relatives. “Tell me what one thing the Kikuyu youth anywhere can be proud of after his unswerving support for Uthamaki? Nothing. Instead, we have been served with disappointment, disillusionment and dispossession. And these 3Ds have given way to a great sense of betrayal. I made a mistake in voting for him twice last year. I will never do that mistake again,” said Mureithi.

Nigute. This Kikuyu word has in the last year become the political catchword for the disaffected Kikuyus whose views of Uthamaki presidential rule in the run-up to the first presidential elections was clouded by a vista of imagined economic Shangri-La and paradise revisited. Literally, the word means to throw away. Figuratively, it means to be wasted, to be misused, to be of no value after use, to be dumped.

“I threw my vote away,” said Mureithi, “So is the feeling of many Kikuyus. They are stuck in a rut, angry, bamboozled and embittered. They were deceived…the truth is, they have always been cheated, but this particular deceit could not have come at a worse time: Uhuru’s government has plundered the economy and destroyed Kikuyu businesses. The people have no money and they have no one and nowhere to turn to.”

Mureithi told me that BBI will come a cropper, spearheaded as it is by political dynastic powers that believe it is they who must always rule Kenya and nobody else. “It is headed for defeat because we shall fight it. We know what they are up to. Here in Nyeri, the youth have decreed that they will not support the referendum that is being pushed by Building the Bridges Initiative. We shall vigorously oppose it. We are tired of Uthamaki and its appendages.”

“There are some Central Kenya leaders who have been moving around the region telling us it is Ruto who is the source of all corruption and theft in government and that corruption must be fought by all means,” said Mureithi. “Those leaders include our own MP here for Nyeri town constituency, Ngunjiri Wambugu. We’ve already warned Ngunjiri that, like Uhuru, it was a mistake to have voted for him. We should not have abandoned Esther Murugi, [the former MP].” Ngunjiri is looking at his only one term in parliament, Mureithi promised me.

“The greatest theft in government has been orchestrated by President Uhuru’s close friends, who have stashed away billions of shillings,” observed Mureithi. “How is it that now it is Ruto who has stolen all the money and that it is he who is the source of all our economic and political problems? By allegedly trying to antagonise the deputy president, President Uhuru and BBI are stoking future political violence and insecurity for Kikuyus resident outside Central Kenya. I have relatives in Rift Valley. I know how nervous the Kikuyus of that region are with all this careless talk about rethinking Ruto’s Kikuyu support in 2022.”

“Corrupt or not corrupt, I will be supporting William Ruto,” said Mureithi. “What has our own Uhuru done for us? Born in riches, Uhuru has been overindulged throughout his life. That’s why he couldn’t care less whether the Kikuyus eat grass or sleep hungry, as long as he can get them to die for his dangerous political ventures. President Uhuru has been saying this is his legacy term for Kenya. We know what that means: ‘This is my legacy for the Kenyatta Family, not Kenya, the country.’”

I wound up my Nyeri County visit by engaging Lilian Wambui from Gikondi village in Mukurwe-ini. Barely a year ago, Wambui would have killed for President Uhuru Kenyatta. “I was so indoctrinated by the Uthamaki logic and the person of Uhuru Muigai Kenyatta that I’d brazenly taunt my Luo friends to go fishing in Lake Victoria and catch thamaki (fish) because we the Kikuyus had Uthamaki.”

Wambui is a businesswoman: she once rented a quarry in Njiru that borders Mwiki to the north and Ruai to the southeast in Nairobi County, where her employees were all Luo men who broke and carved stones that would be picked in truckloads at the site. Wambui has also engaged in the mitumba business, where she specialised in camera (as-good-as-new) children’s designer clothes. Lately, she has been dealing in wholesale fruits and vegetables. In three and half years, all the three businesses have collapsed. In December last year, she escaped to her rural home to run away from the hustle and bustle of Nairobi and to rethink her future.

“Corrupt or not corrupt, I will be supporting William Ruto,” said Mureithi. “What has our own Uhuru done for us? Born in riches, Uhuru has been overindulged throughout his life. That’s why he couldn’t care less whether the Kikuyus eat grass or sleep hungry, as long as he can get them to die for his dangerous political ventures. President Uhuru has been saying this is his legacy term for Kenya. We know what he means: ‘This is my legacy for the Kenyatta Family, not Kenya, the country.’”

“President Uhuru is a total failure: all the money from the government has been stolen while he stood by and watched. Now he is fighting Ruto, pretending to combat corruption. He should give us a break. I never believed he would waste us [Kikuyus] after all the support we lent him. I think we Kikuyus have been bewitched. It is not possible for one family to bestrode an entire community so easily and take advantage of their political foolishness for so long,” she commented.

Wambui told me that she vividly remembers President Uhuru specifically campaigning among the Kikuyus in downtown Nairobi in 2017. “On 9 February, 2017, taking time off from his State House duties, the president joined the Jubilee Party’s Nairobi governorship aspirants to galvanise the people into registering as voters. The then contestants were Peter Kenneth and the ‘Gang of Four’ – Mike Sonko, Denis Waweru, Margaret Wanjiru and Johnstone Sakaja.”

The businesswoman recalled that everyone, including the president, congregated at Wakulima Market on Haile Selassie Avenue, famously known as Marigiti. “It is not for want of a better place to mobilise the Nairobi voter that the Jubilee Party cabal chose the marketplace. Because when the president spoke, it become rather obvious why Marigiti was a good starting point. “Wooooi andu aitu muiga nyinuke….wooooi mutikandekererie…..mutikareke nyinuke,” (Oh my people, are you sending me home….please don’t abandon me…don’t let me go home) urged the President.

“Two months earlier, campaigning in Ruaka and its environs which are in his home county Kiambu, President Uhuru at one stop addressed the people thus: ‘I have information that some people are saying they will not vote on the 8th of August. I appeal to you, particularly the youth, not to let me down. I know what we are defending. What did President Kenyatta mean by I know what we are defending?’” posed Wambui. “The Kenyatta Family legacy. Period. President Uhuru has let down every Kikuyu voter, other than his tenderpreneur friends and relatives, who came out to vote for him. And the Kikuyu youth, abused during the campaigns and ignored after power had been recaptured, have received the short end of the stick. They are now called thieves. Nigute.”

I spent half of 2017 and the better part of 2018 talking and oftentimes animatedly holding court with Uthamaki ardent followers who, just before the August 8 general elections, had immersed themselves in Uthamaki’s noxious rhetoric of political perpetuity. All of them – from market women to matatu drivers, conductors, freelance touts, hawkers, street vendors, street prowlers, petty traders, seasoned businessmen and women, college students, university dons, professionals and state bureaucrats – were seemingly hypnotised by the Uthamaki political conquest: “Seek ye first the political kingdom and all the rest shall be added unto you,” one born-again lawyer had reminded me, “but we are still humble about it.” (It was Kwame Nkrumah, the first president of independent Ghana, who famously coined the maxim, which would soon become a clarion call for many an African country seeking political independence in the 1960s.)

I spent half of 2017 and the better part of 2018 talking and oftentimes animatedly holding court with Uthamaki ardent followers who, just before the August 8 general elections, had immersed themselves in Uthamaki’s noxious rhetoric of political perpetuity. All of them…were seemingly hypnotised by the Uthamaki political conquest: “Seek ye first the political kingdom and all the rest shall be added unto you,” one born-again lawyer had reminded me…”

Yet, nothing has captured for me the hypnotic, trance-like behaviour of an Uthamaki fundamentalist who revels in sporadic moments of lunacy than the story as told to me by my friend Baba Otis.

On 1 June, 2018, Madaraka Day, Baba Otis was drying obamboo (dissected tilapia fish that is smoked and oftentimes dried for storage and which is eaten over a long period). Known by its variant name, obambla, its tasty soup is very delicious and nutritious, especially for children. In the evening, On that day, Baba Otis heard a knock on his door in the estate plot where he lives with other tenants in Nairobi. It was Mama Shiru. “Sasa Baba Otis, aki watoto wangu hawajakula siku tatu, nisaidia tu na piece moja ya samaki niwatengenezee.” (Hi Otis’s father, I swear my children have not eaten for three days. Please just give me one piece of the smoked fish. I will prepare it for my children.)

The evening visit by Mama Shiru was interesting, given that on 29 October, 2017, a Sunday and three days after the repeat presidential elections in which the Jubilee Party largely competed against itself, Mama Shiru, a mother of two, had broken into a frenzied dance of jubilation and had yelled for all to hear: “Uthamaki ni witu….thamaki ni ciao….mekuigwa uguo”. (The rulership is ours (Kikuyus)….fish is theirs (Luos)…they can go hang.)

Baba Otis was there to witness the hippy dance of a woman who, for all intents and purposes, behaved as if she had been possessed by Lucifer himself. She was sporting a wristband and bandana fashioned along the colours of the Kenyan flag that have come to be associated with chauvinistic Kikuyu men and women. That night, Mama Shiru must have slept like a king in the knowledge that her tribesman had once again settled in the hallowed sanctuary of the mighty State House. Uthamaki ni witu…thamaki ni ciao.

Barely seven months later, when Mama Shiru stood outside Baba Otis’s door, she had discarded her wristband and tossed away her bandanna. The uthamaki ni witu, thamaki ni ciao alliterative singsong had long been expunged from her now pursed lips. The bravado that had accompanied the wearing of the Jubilee Party paraphernalia and totems had gone. Crude reality had by then sunk in…perhaps…perhaps not.

One fact was clear though from Mama Shiru’s predicament – you cannot feed your children on a tribal ideology, much less if your tribesman is the country’s president. “But Kikuyus can also be impervious and shameless,” commented Baba Otis.

In moments when an ethnic community finds itself in a crisis, its spontaneous response is to blame everyone but itself: introspection becomes anathema – it searches for scapegoats and scarecrows to explain away its internal contradictions and confusion. “It is the handshake.” “This problem we are in now is one for all of us.” “It is William Ruto who is engaged in all these state thefts”. “Ni mang’auro marea marigiciiria munene.” (It is the scoundrels that encircle (our) leader.) “Muthamaki ndakararagio na ti wa garari,” (The tribal chieftain should not be criticized or contradicted.)

John Njoroge Michuki is on record after Narc came to power in 2003 for proclaiming that Kenyans (read: Kikuyus) had been agitating for constitutional reforms to remove Daniel T. arap Moi: Moi was the problem – not the almighty powerful presidency that the 1960, 1962 and 1963 Lancaster House constitution conferences had bestowed on Kenyans. But hey, as long as that individual was a Kikuyu, it was business as usual. Many Kikuyus conflate Kikuyu nationalism with Kenyan statehood. And they care less for this contradiction.

The grandstanding of kumira kumira (a clarion call that means to get out in large numbers), thuraku (safari ants) and all that toxic talk about Uthamaki and “ni ithui twathanaga guku,” (it is we (Kikuyus) who call the political shots) has melted away barely a year into the Jubilee Party’s second term.

After my interviews and interactions with Uthamaki believers, I could not help but ponder over what could be a priority in their minds as they struggle to contextualise their economic hardships and situate their political path come 2022.

Post-2022, the Kikuyus are thinking very hard about their security and survival in ways that they have never thought before. The presidency has become a burden to them: Like a millstone around their necks, it is weighing them down. But they made their bed and must lie on it. In a real sense, the president has stopped being a factor in their yet undecided political trajectory.

For the very first time, Kikuyus do not have a bankable political leader. Ten months into BBI, not all Kikuyus are persuaded that it augurs well for their political insurance. So far, they do not know what to make of it. Suspicion abounds.

Painfully, the Kikuyus are learning to internalise their political suffering, trapped as they are like a caged bird, its only freedom being to pitter-patter around the cage. Hence, their desire to extricate themselves from the clutches of political serfdom, and hopefully, from the pain of the (late) realisation that they have been duped and dumped.

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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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