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The Grapes of Wrath: A Case for Boycotting Israeli Wines from Occupied Territories

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A consumer boycott of wine produced from the economic exploitation of Palestine by Israeli occupation is a form of resistance that must be employed to fight discriminatory and unjust systems. By FARAH MANJI

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THE GRAPES OF WRATH: A Case for Boycotting Israeli Wines from Occupied Territories
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“Our freedom is incomplete without the freedom of Palestinians.”Nelson Mandela

Bethlehem, 2013: On Christmas Eve, I was among the crowds flocking to Bethlehem, the Palestinian city known as the birthplace of Jesus. Following festivities in the city’s famous Manger Square, I embarked to see how the Israeli occupation is still alive, away from the throngs of tourists. I headed to the separation wall, which encloses the West Bank in concrete, and is covered with vivid graffiti in protest. This segment of the wall houses some of Banksy’s famous works of art, and in 2018, a mural of Ahed Tamimi, the Palestinian teen who has become the face of resistance to the Israeli occupation, also cemented its place on it.

Nairobi, 2018: Wandering around the Bizarre Bazaar craft fair in Nairobi’s Karura Forest, one particular vendor caught my attention: Baraka Israel. Their booth was teeming with people sampling wines against a bold backdrop that read “Golan Heights Winery”. The sourcing of wines from a region under illegal occupation by Israel wasn’t new to me – my graduate work focused on the history and politics of the Middle East– but seeing these grapes being sold in my backyard was disturbing. And it didn’t stop there; Eliad olive oil was also being sold. Christmas was soon approaching and in keeping with the spirit and Biblical symbolism, wine and olives “from the holy land” were intended to entice. Barely holding my breath while pondering which olive groves this oil was sourced from, I was transported to a passage from Susan Abulhawa’s novel, Mornings in Jenin:

“As the dark sky gave way to light, the sounds of reaping that noble fruit rose from the sun-bleached hills of Palestine. The thumps of farmers’ sticks striking branches, the shuddering of the leaves, the plop of fruit falling onto the old tarps and blankets that had been lain beneath the trees. As they toiled, women sang the ballads of centuries past and small children played and were chided by their mothers when they got in the way.”

My foraging revealed that Eliad olive oil also originates from the occupied Golan Heights. This becomes more unsettling in the context of the occupied territories, where violence by Israeli settlers increasingly includes attacks on olive groves and farmers. In 2016, more than 1,500 Palestinian olive trees in the West Bank were damaged or uprooted by settlers; this was in addition to the 2.5 million trees uprooted since 1967.

Research carried out by the Armed Conflict Location & Event Data Project (ACLED) uncovered a shift towards agricultural and price tag attacks by settlers that involve destroying property and vandalism, including racist graffiti. An Israeli soldier’s 2013 testimony from Hebron, recorded by the Israeli NGO Breaking the Silence, uncovered how these attacks are carried out:

“There was one incident where already the night prior, they said a ‘price tag’ action was going to be carried out. And the next morning, a whole grove of olive trees was discovered chopped down. To chop down 60 trees you’d need something like eight hours of work and three saws…I don’t believe that the military, with all its observation points on an olive grove located on the main road, didn’t see that taking place.”

The decision to buy unethically sourced products, which are increasingly making their way to our shelves, is a topic worth discussing as a nation. The Profiteers, the investigative documentary unearthing Kenya’s role in contributing to the conflict in South Sudan, jumpstarted conversations about how Kenya was being used to commit atrocities beyond its borders. A segment of activists and concerned citizens took to the streets, calling for greater accountability in how the Kenyan government and financial institutions facilitate the transfer of arms and resources used to wage war on civilians.

My foraging revealed that Eliad olive oil also originates from the occupied Golan Heights. This becomes more unsettling in the context of the occupied territories, where violence by Israeli settlers increasingly includes attacks on olive groves and farmers. In 2016, more than 1,500 Palestinian olive trees in the West Bank were damaged or uprooted by settlers; this was in addition to the 2.5 million trees uprooted since 1967.

And the support of many Kenyan activists, writers, and well-wishers to the Ugandan musician-turned-politician, Bobi Wine, during his detention is another example of conditions being ripe for a discussion on what it takes for Kenyans to be on the right side of history. The consciousness to do better by all peoples, regardless of nationality, is critical. We can no longer pretend that events outside our borders have no bearing on our lives or are unworthy of our attention and solidarity. Edward Said captured this well when he said, “Humanism is the only – I would go so far as saying the final— resistance we have against the inhuman practices and injustices that disfigure human history.

Resisting the force of politics of money from outweighing principles of humanity and justice needs to be sustained. Our government may be succumbing easily to foreign money, but we need to safeguard our interests and public assets, and ensure that our moral compass is not lost. This may be a struggle when also faced with the large military-industrial complexes of today. And you don’t have to look far to see how big money is behind war. Despite its size, Israel is believed to be the eighth biggest arms exporter in the world and the largest one per capita. Kenya is among the growing African nations using Israeli-manufactured weapons, especially aircraft, artillery, and communications equipment.

Settler colonialism is not dead

2017 marked half a century of Israel’s illegal occupation of the Palestinian Territories, including the West Bank and East Jerusalem, as well as the Golan Heights, which was grabbed from Syria. Much light has been shed on the expansion of Israeli settlements— the cities, towns, and villages built on occupied land. In 2017, Israel began building the first new settlements in two decades, moving further into the heart of what is legally Palestine. At least 160 government-approved settlements and 100 unofficial outposts are home to more than half a million Israelis living in colonies beyond the recognised borders of their state. And the population of Jewish settlers in the West Bank has grown four times faster than Israel’s itself since 1995. Although settlements violate international humanitarian law (under the Fourth Geneva Convention, an occupying power cannot transfer parts of its own population into the territory it occupies), they are authorised and subsidised by the Israeli Government.

This disturbing development has historic parallels closer to home: Advertisements by the British colonial government also sought to entice settlers to move to Kenya, and thousands responded.

“Settle in Kenya, Britain’s youngest and most attractive colony. Low prices at present for fertile areas. Its valuable crops give high yields due to the high fertility of the soil, adequate rainfall, and abundant sunshine. Secure the advantage of native labour to supplement your own effort.” – From Britain’s Gulag: The Brutal End of Empire in Kenya by Caroline Elkins

While Israeli settlers live in fenced and gated communities, Palestinians are effectively barred from staying in them. Palestinians’ movement is further restricted by roadblocks, checkpoints, and settler-only roads. Some of these discriminatory policies, as well as the exploitation of land and resources by a settler movement, are reminiscent of Kenya’s experiences under British colonial rule. Kenyans moving around segregated cities were required to wear an identity pass around their necks, which were designed to keep Africans out of European and Asian areas. Fast forward today and Palestinians in the occupied territories must carry their ID cards for internal travel between the West Bank and the Gaza Strip, and into East Jerusalem and Israel. These ID cards are colour-coded depending on where Palestinians reside and they affect everything from freedom of movement to family unity.

While Israeli settlers live in fenced and gated communities, Palestinians are effectively barred from staying in them. Palestinians’ movement is further restricted by roadblocks, checkpoints, and settler-only roads. Some of these discriminatory policies, as well as the exploitation of land and resources by a settler movement, are reminiscent of Kenya’s experiences under British colonial rule.

In colonial Kenya, many Africans were moved to free up fertile land for colonial plantations. The Jordan Valley and the northern part of the Dead Sea are among the most fertile areas in the West Bank; 40 per cent of the dates produced in the occupied Jordan Valley settlements are exported to the European Union, and Israeli companies generate around $3 billion annually from the sale of Dead Sea minerals. Contrast this with the discrimination leveled against Palestinians in the provision of water and other resources: More than 70 per cent of Palestinian villages in Area C of the West Bank, which is under full Israeli civilian and security control and home to most of the settlements, are not connected to the water network.

In Kenya, as explained by Caroline Elkins in her book Britain’s Gulag: The Brutal End of Empire in Kenya, the British settlers’ self-interest was “based on a perception of profound racial superiority, and the foundation of the settler community was the alienation of African land. Seeking to expand their numbers and increase the value of their land, they pushed for continued immigration into the colony.” Today, Israel continues to fund Birthright tours and to encourage the immigration of Jews into the country. However, the initial refusal to allow a group of Ugandan Abayudaya Jews to visit Israel on a Birthright tour showcased that not all Jews are equal in Israel’s eyes. Examples of the racial prejudice documented against Africans by the state of Israel are ubiquitous. In 2018, Israel was forced to backtrack on a plan to expel thousands of African migrants to Rwanda and Uganda. And ironically, though rejected, Britain’s proposal in 1903 allocated land for a Jewish state in the British East African Protectorate.

Colonisation in connection to wine

The Boycott, Divestment, Sanctions (BDS) movement, a non-violent movement founded in 2005 to pressure Israel to comply with international law and end its occupation and human rights abuses, was inspired by international sanctions imposed on the apartheid regime in South Africa. Given that settlements thrive on economic exploitation at the expense of the natives, the movement calls for a global boycott on settlement products. Airbnb, bowing to pressure, recently announced that it would remove properties in Israeli settlements built on occupied Palestinian territories in the West Bank.

Unsurprisingly, there is a countermovement that includes Israeli wineries “proudly” displaying the Israeli flag on their products. The BDS Wine Club, for instance, features wines from “Judea and Samaria” (what we know as the occupied West Bank) and their retail selection also includes wines from the Golan Heights Winery—the source of wines imported and sold in Kenya by Baraka Israel. The company brazenly markets this winery and its products as “Israel’s finest”. They have a noticeable presence at Nairobi’s wine-tasting events, as well as in restaurants and bars. Yummy magazine, Nairobi’s food and drink guide, featured Baraka Israel’s entry into the Kenyan market in 2017. It announced that “Israel has been a wine-making country over the last 3,000 years…and the diversity of Israel’s terroir makes it suitable to grow a variety of grapes.” Any further elaboration or exploration of the origins of their wines was conveniently or perhaps unknowingly omitted.

According to a 2015 UN General Assembly resolution, Syrians in the occupied Golan, the majority of whom are Druze, depend heavily on agricultural income but are disadvantaged by restricted water supplies and fewer economic opportunities. They also face throttled land access, building restrictions, and property destruction. The UN’s displeasure has not stopped Israel from building settlements, wineries, and even a ski resort in this territory. The region is strategically significant, agriculturally rich, and draws millions of tourists. And the Israeli wine industry, which benefits from accessible land, tax benefits, and other government incentives, is catching on. Settlers have discovered that the wine industry is a tourist magnet, bringing in additional income while normalising the settlement enterprise.

Over ten Israeli wineries, mostly founded between the late 1990s and early 2000s, are based in settlements in the occupied Syrian Golan and produce their wine from grapes grown in the occupied territory. In Kenya, the most common wines from this region are those produced by the Golan Heights Winery under the labels Yarden, Gamla, and Golan. The oldest of the wineries based in the occupied Golan, the Golan Heights Winery, was founded in 1983 in the settlement of Katzerin where it operates to this day. Owned by four kibbutzim and moshavim (agricultural and cooperative communities), it produces around 5.4 million bottles of wine annually.

Over ten Israeli wineries, mostly founded between the late 1990s and early 2000s, are based in settlements in the occupied Syrian Golan and produce their wine from grapes grown in the occupied territory. In Kenya, the most common wines from this region are those produced by the Golan Heights Winery under the labels Yarden, Gamla, and Golan.

Planting the seeds of BDS

The BDS movement made headlines again after Ilhan Omar, the recently elected U.S. Congresswoman who spent some of her childhood in a refugee camp in Kenya, voiced her support for the movement. On home soil, although BDS campaigns have yet to be established, there is a solidarity movement, Kenya na Palestine, which raises awareness of the movement and promotes educational activities during the global Israeli Apartheid Week.

They may seem innocuous, but profits from millions of dollars’ worth of settlement products exported internationally, including to Kenya, sustain the discriminatory policy of settlements, which also unlawfully appropriate natural resources. Common exports from Israeli settlements include cosmetics, fruits and vegetables, honey, olive oil, and wine. Israel’s wine industry is part and parcel of the settlement and colonisation project, and this is raising eyebrows worldwide: Yarden, Gamla, and Golan wines featured on lists of products boycotted by student groups at UK universities, for instance, and a major department store in Japan cancelled the participation of an importer specialising in wine from the Golan Heights at a wine fair last year.

Israel continues to face censure from its trading partners. For instance, while short of a boycott, European Union members can mark products coming from Israeli settlements. South Africa also adopted regulations to prevent the labelling of goods from settlements as being produced in Israel given that this misleads consumers. Thus, there is a growing sentiment that business activity in settlements entrenches discriminatory systems. If the Government of Kenya won’t ban settlement products for fear of jeopardising bilateral relationships, as citizens we should boycott these products and advocate that they be labeled correctly. Israeli wine, olive oil, and other such products being sold by Baraka Israel are highly substitutable by the Kenyan consumer even when it comes to quality. Further, these products are not integrated into value chains in the country and can be easily replaced.

Israel continues to face censure from its trading partners. For instance, while short of a boycott, European Union members can mark products coming from Israeli settlements. South Africa also adopted regulations to prevent the labelling of goods from settlements as being produced in Israel given that this misleads consumers.

Israel is joining the scramble for Africa

From a diplomatic perspective, Israeli-Kenyan ties have been growing stronger over recent years and are centred on security, religious and development cooperation. Two recent visits by Prime Minister Benjamin Netanyahu represent a push to improve ties with Kenya, among other African countries, and to open up markets to Israeli products.

These economic efforts are also intended to improve Israel’s diplomatic position by getting African countries to stop voting against Israel in international forums. In late 2018, upon recommendations by the UN’s Special Political and Decolonization Committee, the General Assembly voted in favour of nine resolutions on Palestine and the Syrian Golan Heights, urging an end to settlement construction. Kenya voted in favour of all resolutions and it is this voting record at the UN that Israel is hoping to sway.

However, Kenya did not participate in the UN vote that rejected U.S. recognition of Jerusalem as Israel’s capital. The official reason given was the closure of the Kenyan mission for the holidays, but this may have been tactical given President Donald Trump’s threat to cut aid to countries that voted against the U.S. Despite international condemnation, Kenyan diplomats were among representatives from 33 countries that nonetheless attended the opening of the U.S embassy in Jerusalem in May 2018.

The arms trade

Israel’s weapons trade in 2016 included a 70 per cent jump in sales to Africa. In 2017, its defence exports reached a record $9.2 billion, mostly comprising military hardware, such as missiles and aerial defence weapons.

Though details often remain opaque, it is no secret that security and intelligence cooperation between Israel and Kenya remains strong. This has grown in the aftermath of terror attacks, including the targeting of Israeli tourists at the Paradise Hotel in Mombasa and the attempt to down an Israeli airliner taking off from the coastal city in 2002. And in the wake of the 2013 Westgate mall attack, there were local and foreign media reports of Israeli advisers and security personnel assisting Kenyan security forces in their operation to end the siege.

Israel has been among the top 15 arms exporters for decades, according to the Stockholm International Peace Research Institute (SIPRI). Arms sales are integral to the Israeli economy, accounting for possibly as much as 8 per cent of GDP. Israel’s occupation has also gone global: Revelations emerged that Israel was sending weapons to Myanmar in defiance of a U.S. and European arms embargo, thereby abetting the persecution and massacre of the Muslim-minority Rohingya, who have also been subjected to “apartheid-like conditions” in Rakhine, as detailed by Amnesty International.

Israel has also been selling weapons and military services to human rights violators on the continent. A 2015 UN report found that Israeli arms were fuelling the civil war in South Sudan, and a retired IDF General was recently found to have used an agricultural company as cover for the sale of weapons to the government. Kenya is not lagging behind: From 2006 onwards, Kenya transferred large quantities of arms, including T-72 tanks from Ukraine, to South Sudan. These transfers only became public when Somali pirates hijacked a ship carrying some of the tanks in 2008. In 2013, the South Sudanese government used the tanks to quell protests and destroy homes.

Israel has been among the top 15 arms exporters for decades, according to the Stockholm International Peace Research Institute (SIPRI). Arms sales are integral to the Israeli economy, accounting for possibly as much as 8 per cent of GDP.

Netanyahu has now befriended Chadian President Idriss Deby, one of Africa’s longest- serving leaders. Security sources say the country has acquired Israeli equipment to help battle rebels in the country’s north. Kenya too uses Israeli-manufactured weapons and is a recipient of military training and counterterrorism support. Inside Kenya’s Death Squads, an investigative film by Al Jazeera, found Israel complicit in the perpetration of extrajudicial killings in Kenya by counterterrorism police through its intelligence and training of the General Service Unit to eliminate suspects. And in keeping with its approach of building walls and barriers in the name of security, Israel has pledged to help Kenya speed up the construction of a wall along its border with Somalia.

A growing tribe: The ethically-conscious consumer

The rise of a consumerism culture in Kenya may present economic opportunities but it is also fraught with challenges. There is a market in Kenya for fair-trade products, as well as ethically and sustainably sourced products, including those that don’t harm the environment, animals, and I would add to this list, human beings. Consumers are rightly demanding more transparency from businesses and companies, and the latter are slowly responding. Green Spoon, the online store in Kenya targeting consumers “who care about what they eat”, stocks products and brands supporting local producers and communities. These include unadulterated pork from farms near Mount Kenya, free-range chickens from the highlands of Tigoni, and craft-beer made from 100 per cent spring water. Their philosophy emanates from the need to no longer worry about the “source of the food, how it was made, who made it, and what went into it”. It may come as a surprise that Baraka Israel is among their featured producers, “bringing Israel’s finest quality products to Kenya”. Whether this is aligned with their philosophy is a question they and their consumers need to contend with.

Information about supply chains can be an inspiring part of a brand, but this information can also be hidden and spun. Yesterday Romans made slaves crush grapes by foot; today Baraka Israel will selectively educate you about their ancient wine-making culture, playing to the ignorance of many. As citizens we have voiced our indignation about the mercury-laden sugar we have been consuming and the poor quality tilapia imported from China. As we advocate for quality products that don’t poison us, we should likewise refuse to consume products that explicitly harm others.

Mandela’s words, alluding to the collective importance of achieving freedom for the Palestinians, serve as a reminder to fight discriminatory and unjust systems at home and abroad. And this resistance can begin in the pantry or cellar. Wine and food lovers may have revelled in the innocence of consuming these products but these products’ sinister history and continued tainting is inching upwards from the vines, blossoming, and will soon be harvesting on your tongue. Will you be ready?

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Farah Manji is a freelance writer based in Nairobi whose work focuses on social justice, development and foreign policy.

Politics

Why Azimio’s Presidential Petition Stood No Chance

In so far as the court had nullified the 2017 elections, the evidential threshold required for any subsequent electoral nullification was going to be substantially high for any petitioner.

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Even before the 9 August general election, it was expected that the loser of the Kenyan presidential contest would petition the Supreme Court to arbitrate over the outcome. Predictably, the losing party, Azimio La Umoja-One Kenya Coalition, petitioned the court to have William Ruto’s win nullified on various procedural and technical grounds. Azimio’s case was predicated on, among others, three key allegations. First, that William Ruto failed to garner the requisite 50 per cent plus one vote. Second, that the Independent Electoral and Boundaries Commission (IEBC) chairman Wafula Chebukati had announced the outcome without tallying and verifying results from seven constituencies. Finally, that the commission could not account for 250,000 votes that were cast electronically.

As we know, Azimio lost the case as the judges dismissed all the nine petitions that the party had filed, unanimously finding that William Ruto had won fairly.

Adjudicating electoral fallouts

Since its inception in 2010, the Supreme Court has played a decisive role in adjudicating fallouts linked to contentious presidential politics in Kenya, with the court deliberating on the outcome of three out of the four presidential elections held after its inauguration. Prior to this, the losing party had no credible institutional mechanism of redress and electoral disputes were generally resolved through mass political action (as in 2007) or consistent questioning of the legitimacy of the winner (as in 1992 and 1997).

The Supreme Court’s presence has, therefore, been crucial in providing losers with an institutionalised mechanism to channel dissent, with the court operating as a “safety valve” to diffuse political tensions linked to presidential elections. It is, hence, impossible to conceive of the relatively peaceful elections held in 2013, 2017 and 2022 without the Supreme Court whose mere presence has been key in discouraging some of the more deadly forms of political rivalry previously witnessed in Kenya.

Relentless petitioning

While the Azimio leadership were right to petition the court in the recent election, first because this successfully diffused the political tensions among their supporters, and second because the court was expected to provide directions on IEBC conduct in future elections, it was clear that Raila Odinga’s relentless petitioning of the court in the previous two elections, and the nullification of the 2017 elections, was in essence going to be a barrier to a successful petition in 2022.

In so far as the court had nullified the 2017 elections, the evidential threshold required for any subsequent electoral nullification was going to be substantially high for any petitioner. The relentless petitioning of the court and the nullification of the 2017 elections had in essence raised the bar for the burden of proof, which lay with the petitioner(s) and, therefore, reduced the probability of a successful petition.

The Supreme Court’s presence has been crucial in providing losers with an institutionalised mechanism to channel dissent.

The reason for this is both legal and political. Legal in the sense that the IEBC is expected to conduct the elections under the law, which, among other issues, requires that the electoral process be credible and the results verifiable before any certification is made, otherwise the election is nullified, as was the case in 2017. It is political because the power to select the president is constitutionally, hence politically, delegated to the Kenyan people through the ballot, unless electoral fraud infringes on this, again as was the case in 2017.

The court in its deliberation must, therefore, balance the legal-political trade-off in its verdict in search of a plausible equilibrium. For instance, while the majority of Azimio supporters had anticipated a successful petition based on the public walkout and dissent by the four IEBC commissioners, it seems that the decision to uphold the results displayed the court’s deference to political interpretation of the law by issuing a ruling that did not undermine the Kenyan voters’ right to elect their president.

While the settlement of legal-political disputes by a Supreme/Constitutional court is a common feature across democracies, and continuously being embedded in emerging democracies like Kenya, it does seem that in this election, the political motivations for upholding the vote outweighed the legal motivations for nullifying it. In essence, the court demonstrated its institutional independence by ruling against the Kenyatta-backed Azimio candidate due to insufficient evidence.

Supreme Court power grab 

A counterfactual outcome where the evidential threshold for the nullification of presidential results is low would foster a Supreme Court power grab, in lieu with the 2017 nullification, by marginalising the sovereign will of Kenyans to elect their president.

In many ways, nullification of the results would also have incentivised further adversarial political behaviour where every electoral outcome is contested in the Supreme Court even when the outcome is relatively clean, as in the case of the 2022 elections.

It is this reason (among others) that we think underlined the Supreme Court justices’ dismissal of Azimio’s recent petition. The justices ultimately dismissed the evidence presented by the petitioners as “hot air, outright forgeries, red herring, wild goose chase and unproven hypotheses”, setting a clear bar for the standard of evidence they expect in order to deliberate over such an important case in the future.

In essence, the court demonstrated its institutional independence by ruling against the Kenyatta-backed Azimio candidate due to insufficient evidence.

Since the earth-shaking nullification of the 2017 elections, the Supreme Court transcended an epoch, more political than legal by “invading” the sovereign space for Kenyans to elect their president, thereof setting a precedence that any future successful petition to contest a presidential election requires watertight evidence.

In a sense, Azimio were victims of Odinga’s judicial zealotry and especially the successful 2017 petition. In so far as the evidence submitted to the Supreme Court by Azimio in 2022 was at the same level or even lower than the 2017 base, their case at the Supreme Court was very likely to be dismissed and even ridiculed as the justices recently did.

The precedent set by the 2022 ruling will, actually, yield two positive political outcomes. First, it will in the future weed out unnecessary spam petitions that lack evidence and rather increase needless political tensions in the country. Second, it has signalled to future petitioners, that serious deliberations will only be given to petitions backed by rock-solid evidence.

Missed opportunity

From the recent ruling, it is evident that the judgement fell far below the precedent set in 2017. The 2017 Supreme Court ruling that the IEBC should make the servers containing Form 34A publicly available, was crucial in improving the credibility of the 2022 elections, by democratising the tallying process. At a minimum, the expectation was that the justices would provide a directive on the recent public fallout among the IEBC commissioners with regard to future national tallying and announcement of presidential results.

By dismissing the fallout as a mere corporate governance issue, the justices failed to understand the political ramifications of the “boardroom rupture”. What are we to do in the future if the IEBC Chair rejects the results and the other commissioners validate the results as credible?

Additionally, by ridiculing the petitioners as wild goose chasers and dismissing the evidence as “hot air”, the justices failed to maintain the amiable judicial tone necessary to decompress and assuage the bitter grievances among losers in Kenya high-octane political environment.

In a sense, Azimio were victims of Mr Odinga’s judicial zealotry and especially the 2017 successful petition.

The Supreme Court ought to resist the temptations of trivializing electoral petitions, as this has the potential of triggering democratic backsliding, where electoral losers might opt for extra-constitutional means of addressing their grievances as happened in December 2007. It is not in the petitioners’ place to ascertain whether their evidence is “hot air” or not, but for the court to do so, and in an amiable judicial tone that offers reconciliation in a febrile political environment.

The precedent set by the 2017 ruling that clarified the ambiguities related to the IEBC’s use of technology to conduct elections, set an incremental pathway towards making subsequent elections credible and fair, and increased public trust in the key electoral institutions in Kenya.

The justices, therefore, need to understand that their deliberations hold weight in the public eye and in the eyes of political leaders. Therefore, outlining recommendations to improve the IEBC’s conduct in future elections is a bare minimum expectation among Kenyans. In this case, while they provided some recommendations, they failed to comprehensively address the concerns around the walk-out by the four IEBC commissioners.

At the minimum, chastising the IEBC conduct was necessary to consolidate the electoral gains made thus far but also recalibrate institutional imperfections linked to how elections are to be conducted and, especially, contestations around the role of the commissioners in the national tallying of results in the future.

This article is part of our project on information and voter behaviour in the 2022 Kenyan elections. The project is funded by the Centre for Governance and Society, Department of Political Economy, King’s College London.

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Politics

GMOs Are Not the Only Answer

In a country where agricultural production is dominated by smallholders, the decision to allow genetically modified crops and animal feeds into Kenya as a means of combatting perennial hunger ignores other safer and more accessible alternatives such as Conservation Agriculture.

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Newly elected President William Ruto has, to use a much abused expression, hit the ground running. I am, however, not certain that he is running in the right direction. On 3 October 2022, during the second meeting of his recently (and unconstitutionally) constituted cabinet, Ruto announced that his government had authorized the cultivation and importation of genetically modified crops and animal feeds, sweeping aside the grave concerns raised by Kenyans and lifting a ten-year ban with the stroke of a pen.

The decision was made at a time when Kenya is facing the worst drought in four decades that has left over four million people facing starvation. According to President Ruto, the adoption of GMOs is the solution to the recurring cycles of drought and famine that Kenyans have been increasingly experiencing.

I shall not go into the merits and demerits of what some call Frankenfoods here. However, it seems to me that Ruto’s decision is driven solely by the political imperative to bring down the price of maize through cheap imports of GM maize following the withdrawal of the maize subsidy.

Already, back in November 2018, the Route to Food Initiative (RTFI), the Kenya Biodiversity Coalition (KBioC), the Africa Biodiversity Network (ABN) and Greenpeace Africa had issued a joint statement raising “concerns over recent disconcerting developments in the country, that [suggest] the Government has made [a] unilateral decision to adopt genetically modified crops”, and adding that “an all-inclusive nationwide discourse through public participation, which addresses whether the technology is appropriate for us, is being circumvented”.

The group also voiced their suspicion that the report of the Task Force to Review Matters Relating to Genetically Modified Foods and Food Safety that was set up by the Ministry of Health in 2013 was being withheld because it was against the adoption of GM foods. This suspicion may well be founded since, in making the announcement, State House said that the decision to lift the GMO ban was “made in accordance with the recommendation of the Task Force”, while failing to make the so-called Thairu report—which was submitted in 2014—available for public scrutiny.

The cabinet said that in reaching its decision to lift the ban it had also referred to reports of the European Food Safety Authority, among others.

The European Union’s policy on GMOs “respects the right-to-know by ensuring clear labelling and traceability of GMOs. This requires reliable methods for the detection, identification and quantification (for authorised GMO) in food, feed, and the environment”. There is zero tolerance for unapproved GMOs and stringent regulation of products originating from or containing GMOs.

A detailed risk analysis and the availability of a validated method for locating, identifying, and quantifying GMOs in food or feed are prerequisites for authorization. For any GM launch, biotech businesses that want to market their product in the EU must submit an application. A very precise way of detecting each unique GMO is included in the application dossier.

The terms of reference of the government’s GMO task force included, among others, assessing Kenya’s infrastructural capacities to monitor genetically modified products in the country; assessing the adequacy of qualified human resource capacity to monitor research, use and importation of genetically modified products into the country; and recommending approval procedures for imports of GM foods.

If we are to look only at the procedures established by the National Biosafety Authority for the importation of GM products into the country, then we may conclude that Kenya lacks the infrastructural and qualified human resource capacity to monitor their research, use and importation. In effect, an entity wishing to import a GM product into the country is merely required to provide the particulars of the supplier, the nomenclature of the GMO, proof that the GMO has been registered in the exporting country, its use in the country of origin, its intended use in Kenya, a summary risk assessment, methods and plans for safe handling, storage, transport and use, and the emergency response foreseen in the event of an accident with the GMO. The second of the two-page the application document is reserved for the applicant’s signature before a commissioner for oaths, a magistrate or a judge. Means of detection of GMOs are not mentioned.

It would seem then that Ruto’s government has fully devolved the responsibility for Kenya’s biosafety and biosecurity to the authorities of foreign nations. This is very frightening when you consider, for example, that the European Union Regulation EC304/2003 allows EU companies to produce and export to other countries pesticides that are banned or restricted in the EU. This double standard is the reason why active ingredients which have been withdrawn in the EU find their way to Kenya, poisoning our bodies and our environment, and destroying our biodiversity.

Maize is not the only ugali

The lifting of the ban on GMOs may have sounded the death knell for Kenyan small-scale maize growers; GM maize is to be found on the international markets at prices that defy all competition, which will now prove to be a boon for well-connected maize-importing cartels.

But maize, a staple in the majority of Kenyan households, is a relatively recent arrival on our national menu, becoming a major staple during the First World War when disease in millet led to famine.

As Noel Vietmeyer observes in the foreword to the first volume of Lost Crops of Africa,

“Lacking the interest and support of the authorities (most of them non-African colonial authorities, missionaries, and agricultural researchers), the local grains could not keep pace with the up-to-the-minute foreign cereals, which were made especially convenient to consumers by the use of mills and processing. The old grains languished and remained principally as the foods of the poor and the rural areas. Eventually, they took on a stigma of being second-rate. Myths arose—that the local grains were not as nutritious, not as high yielding, not as flavorful, nor as easy to handle. As a result, the native grains were driven into internal exile. In their place, maize, a grain from across the Atlantic, became the main food from Senegal to South Africa.”

But with initiatives such as the Busia County Biodiversity Policy, which recognises the role that biodiversity can play in addressing food insecurity, the tide is turning and Kenyans are rediscovering and embracing the culinary habits of our forebears. You would think then that the GMO decision will not, in the main, affect the choices we make in the foods we consume. That those of us a tad squeamish about eating foods that have been genetically interfered with can opt out.

Were it that simple.

Many Kenyans are unaware that the Seed and Plant Varieties Act Cap 326 of 2012 prohibits farmers from sharing, exchanging or selling uncertified and unregistered seeds. Yet, to mitigate against the effects of perennial droughts and the escalating costs of hybrid seeds, community seed banks have been conserving indigenous seeds—that are demonstrably more climate-resilient—for sale during the planting season, in contravention of the law and at the risk of a one million shilling fine, or two years’ imprisonment, or both. Criminalising a system through which small-scale farmers acquire 90 per cent of their planting material does not augur well for Kenya’s food security, or for our biodiversity. Small-scale farmers are fighting back, however, with a group from Machakos recently going to court to challenge the legislation. It remains to be seen who between David and Goliath will prevail.

But maize, a staple in the majority of Kenyan households, is a relatively recent arrival on our national menu, becoming a major staple during the First World War when disease in millet led to famine.

What is clear is that Kenya’s David, while remaining impoverished over the decades since independence, is the mainstay of the country’s agriculture in terms of productivity. The Economic Survey (2021) of the Kenya National Bureau of Statistics reports that,

“The share of marketed agricultural output for small farms increased marginally to 73.3 per cent in 2020. This is a reflection of the continued dominance of the smallholder sector in the marketing of agricultural produce during the year under review. The value of sales through small farms increased by 9.4 per cent from KSh 341.4 billion in 2019 to KSh 373.6 billion in 2020. Similarly, the value of sales by large farms increased by 8.9 per cent from KSh 125.0 billion in 2019 to KSh 136.1 billion in 2020.”

The survey defines large farms as those above 20 hectares.

The small-holder has consistently outperformed the large-scale farmer despite government policies that have since the 70s viewed smallholders as without agency beyond adopting technologies that are presented as capable of transforming agriculture and building livelihoods. The adoption of GMOs is likely to be yet another of these technologies that, together with unjust seed legislation, will increase rather than decrease Kenya’s food insecurity.

President Ruto worries about food insecurity but fails to consider the very ready solution available to his administration and recommended in the Agricultural Policy (2021) of the Ministry of Agriculture, Livestock, Fisheries and Cooperatives, namely, conservation agriculture.

The Food and Agriculture Organisation (FAO – also quoted in Ruto’s decision to lift the GMO ban) recommends conservation agriculture as it is a sustainable system of production that conserves and enhances natural resources; enhances biodiversity; assists in carbon sequestration; is less labour and fertilizer intensive; improves the health of soils; and increases yields over time.

Criminalising a system through which small-scale farmers acquire 90 per cent of their planting material does not augur well for Kenya’s food security, or for our biodiversity.

The very promising results obtained among the small-scale farmers that have adopted the system following training under the FAO beginning in 2015 show that the government would do well to promote conservation agriculture among smallholders as a means of mitigating both against food insecurity and the effects of climate change, rather than hastily reaching for GM technologies that the country is ill-equipped to safely handle.

But clearly, the president is not on the same page as his Ministry of Agriculture and so, like others, I can only conclude that Ruto’s lifting of the GMO ban is for the benefit of the seed multinationals and their clients, the large-scale farmers who have taken over most of the productive land to grow cash crops for export, leaving small-scale farmers to exploit marginal lands for the production of food crops for local consumption. And for the benefit of maize-importing cartels.

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Mary Kanyaman Ekai: Gender and Livestock Rustling in Northern Kenya

Mary Kanyaman Ekai was a peace ambassador from Turkana County who lost her life in the course of saving her family’s livestock in Turkana East on September 24th 2022. Kanyaman’s case illustrates the complexity of “cattle rustling” at Kenya’s northern frontier from a gender perspective. 

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Mary Kanyaman Ekai: Gender and Livestock Rustling in Northern Kenya
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Following the recent rise of incidents at the border of Baringo, Turkana and West Pokot County, it seems timely to learn more about a strong female figure, a woman who dedicated her life to the fight against the frequent outbreaks of violence. By providing a short portrait of Kanyaman, we are able to illustrate the role of women in conflict resolution. Grounded in the authors’ ethnographic research conducted in both West Pokot and Turkana County, the article is based not only on an in-depth interview conducted in 2020 with Kanyaman, but also on the broad expertise of social scientists working in the respective areas.

It was pure luck that led to the meeting with Mary Kanyaman Ekai in December 2020. Mary was visiting Kapenguria on some errands for the Turkana County Government and I (Elizabeth Ndunda), on my part, was seeking information from influential elders from the pastoralist communities in northern Kenya. The tall lady in the elegant dress was introduced to me as mama wa maji na amani, Swahili for mother of water and peace. I immediately recognized Mary the moment she entered the room. I knew her from various news feeds and meetings with officials where she prominently acted as peace ambassador and environmental and gender activist.

On this December 2020, Mary was on a sad mission. The previous day, bandits had attacked the village of Lopii in Turkana East and killed three young men, taking off with a considerable number of livestock. Although these kinds of violent outbreaks often involve brutal, reckless murder and criminal marketing chains, they are commonly labelled “cattle rustling” or “cattle raiding”, with the act of stealing cattle portrayed as culturally intrinsic to pastoralist societies. Yet, the shifting nature of the raids, which are driven by economic logic and modern forms of violence, should more accurately be referred to as “predatory raiding”, according to international security advisor Dylan Henrickson.

Mary and her entourage were in Kapenguria to seek the County Commissioner’s help in following up the bandits and ultimately punishing them before more attacks occurred. This has been a continuous cycle between the government and the communities of north-western Kenya.

Later the same day, while we were enjoying a cold soda in the unforgiving heat of West Pokot, Mary remarked that, for this specific meeting, Kalya Hotel was very aptly named, as kalya means peace in the Pokot language. The objective of our encounter was to discuss the weaknesses and challenges of the current conflict resolution mechanisms in northern Kenya. These mechanisms usually include disarmament measures, peace barazas (Swahili for meeting), peace caravans and arbitration measures. Disarmament involves the military and police, a common state response to regain control after a period of violence. Peace caravans are the latest, trendy mechanism for peacebuilding. Professionals from each county organize themselves and move from county to sub-county gathering villagers together and speaking of the need for peace. The colourful events usually include a lot of entertainment in order to attract many participants. However, Mary’s biggest concern was that women were simply left out and not considered able to play an important role in conflict resolution. She is far from being alone in holding this opinion. In a 1991 book titled Women and Things: Pokot Motherhood as Political Destiny, anthropologist Barbara Bianco states that the majority of peace projects target the men. Women are mainly included in programmes to fulfil a funding requirement, to attract donors. And yet they play a significant role.

So, who better than Mary Kanyaman Ekai, with her deep insights into these mechanisms, to be the perfect source of information on the subject? Born in 1979 in Turkana East, Mary learned the sad reality of raids early in her childhood, when she had to flee her home after the painful loss of family members to livestock rustling. Despite this stroke of fate, the girl’s athletic skills came to the fore in school as did her driven ambition to acquire an education. A Bachelor of Microbiology and Biotechnology and one of the few female Turkana professionals, Mary was predestined to become a public servant in the Ministry of Health. However, she didn’t rest on her laurels but pioneered the Golden Valley Cooperative Society, whose objective was to enhance resilience through improved and commercialized livestock production and to champion peaceful coexistence between neighbouring communities in the border areas of Baringo, Samburu and Turkana. Mary believed that peaceful coexistence among the pastoralist communities could be achieved if only pastoralists had alternative livelihoods and women had a greater voice.

Women are mainly included in programmes to fulfil a funding requirement, to attract donors.

Although Mary immediately agreed to our meeting, it took us some time before we were able to settle down; Mary was constantly interrupted by many people claiming her attention. I could understand this as I too was drawn to her strong voice filled with emotion as she spoke of the deaths that cattle rustling has caused in the region. Her phone rang constantly during the interview, a reminder of the busy life that she led and the tight schedule that she kept.

“Many people know my brother Ekuru. Even in the villages, people call me Ekuru’s sister. I’m not sure they would listen to me if I was not related to him.” Her brother, the lawyer Dr Ekuru Aukot, vied for the presidency on a Third Party Alliance ticket in 2017. Laughing, Mary says, “Here in this pastoralist culture, it is difficult for a woman to have her own identity, she is either a daughter or a wife of someone. I sit in the County Government yet even there I’m known as Ekuru’s sister.” With some resignation in her voice, she goes on to explain that it is this mentality and culture that has led to the role of women in conflict resolution being ignored by many peace projects and NGOs. Women from pastoralist communities are often considered victims, not active participants in the conflict. She asked me, “Isn’t it common to assume that women have little role to play in conflicts since northern Kenya is a heavily patriarchal society with archaic beliefs and supposedly harming norms including early marriage and FGM?”  Mary declared this point of view faulty.

“Many people know my brother Ekuru. Even in the villages, people call me Ekuru’s sister. I’m not sure they would listen to me if I was not related to him.”

Yes, women are victims of conflict and often face the highest security threats during periods of violence, being exposed to both physical and sexual violence. However, Mary was convinced that women play a significant role in motivating men to engage in livestock rustling. She explained that for a young man and woman to lead an accomplished life, they must marry and have children. While undergoing initiation is one important step in the journey from childhood to adulthood, young men are also required to show their courage, and acquire wealth which in turn attracts the “best wife”. This wealth is in the form of livestock—cattle, camels, goats, sheep and donkeys—that can be grown through careful breeding of animals, or simply through raiding. Dowry is often daunting and young men have little to show, and the list of fathers (every paternal uncle) who expect some livestock in exchange for their precious daughter is long. Their wives-to-be, in turn, encourage and motivate them to acquire the needed wealth and prestige as rapidly as possible.

This view is shared by officials of the county government’s Peace and Reconciliation Department. They state that while women understand the disadvantages and the calamities brought on by raiding, they are quick to defend and praise the sons and husbands who participate. This seems understandable, as men are expected to avenge death and destruction by recovering stolen livestock. Of course this creates a cycle of violence as each group feels the need for revenge. However, to simply assume pastoralists do so to impress their women would be to ignore the lack of security and justice in northern Kenya. The responsibility to recover stolen animals that are crucial for their livelihood is often left with the victims. Therefore, the women are not defending or praising violence per se, but are trying to ensure security, justice, and continuity.

Although “beaded” girls and mothers challenge their men to participate in raids through mocking and praise songs, they also want their husbands to come back alive. Lal is a ceremony during which returning warriors are anointed with oil held in a lal, a cattle horn of high symbolic value that has been blessed by spiritual elders. The honouring and cleansing of warriors with the lal after raids is done exclusively by women. It is the women’s duty to spread the oil in the lal on the warriors after a battle or to carry it to the areas where the warriors congregate. Mary encouraged women to stop the cycle of violence by refusing to protect the men during livestock rustling.

So, is it all women’s fault?

It is a little more complex than that. Professor Kennedy Mkutu, an expert in the field of violence and guns in northern Kenya, argues that pastoralists are under threat from inadequate policing, pressure on land and common resources, and the proliferation of small arms. The number of small arms circulating within the region is concerning; spears and arrows have been replaced with more deadly weapons and it is now popular for a father to gift his son a gun during initiation. Another factor that adds to the complexity is the devastating long-term absence of rain. The pressure on communally owned and unregistered land is not only high due to the changing climate but is further exacerbated by outside interests in resources such as crude oil, gold or sand. And as if all this was not enough, politicians exploit the precarious situation.

“Now”, I ask Mary, “with declining resources—over which women have little to no control—and the increase in small arms, and as disarmament measures fail and guns become more common, what can women do?” I was surprised to see Mary laugh heartily, “You look at women as weak and lacking control. Women are the instigators of violence between the Pokot and Turkana. The men fight because of us. I may not have control over the use and ownership of cattle, animals or property but I do not want to be married to a poor man, worst of all a coward. Until their [women’s] participation is seen and understood, we cannot adequately address conflict.” For instance, women have begun playing a vital role in armament. With disarmament measures being stepped-up, and with constant checks and increased patrols along the borders, women transport small arms and ammunition from Somalia and Uganda, hiding them in their clothes and undergarments. It is easy for the women because they are not as thoroughly searched as men are.

“Spears and arrows have been replaced with more deadly weapons and it is now popular for a father to gift his son a gun during initiation.”

Mary must have seen my eyebrows rising and was quick to reassure me that women are indeed quite vocal in encouraging their men to engage in livestock rustling. However, they remain timid on issues of peace and collaboration. “Older women who have a strong standing in the community may become vocal about peace, but the younger women are more supportive of their raider husbands, arguing that this is the only means of gaining wealth, economic and social status.” Elderly women have probably seen more destruction from the violence, the lost sons, brothers and husbands. They have faced highly volatile situations throughout life and have become more inclined to peace. Their participation in peacebuilding stems from the knowledge and experience that violence has devastating effects notwithstanding the wealth gained. The younger women are more desperate to find a “suitable partner”, one who will bring them pride and wealth, and earn them respect.

Therefore, for women leaders in the pastoral regions such as Mary Kanyaman, women hold the answer to sustainable peace. Mary held onto the belief that cooperation among the pastoralist women would “silence the guns”. To illustrate, Mary showed me an intricate belt, made from cow hide and decorated with shells. This belt is known as leketyo and is a powerful symbol for some pastoralists women. The belt is given to a woman during her first pregnancy, to protect the child she carries. It ultimately connects her with the child and its lifeline. Interestingly, so explains Mary to me, when a warrior goes to raid, he requests his mother to wear the belt, to ensure her child is protected. “Every pastoralist woman, even we who are modern, has their belt,” says Mary, seemingly lost in thought, brushing away some imaginary dust from the shells on the belt.

During the March 2020 POTUMA peace campaigns that took place in Kapenguria, Kainuk and Marich, organized by the former Minister of Immigration, Linah Kilimo, women, both old and young, publicly removed the belts, a symbol that they would no longer be active participants in the conflict. Those going for war could rely on themselves for protection. By removing their belts, the respected elderly women had placed a curse on those involved in violence and especially in acts of rape, which is taboo.

“There was so much crying from 2019, so many of our children died as they fought for cows,” Mary said. Indeed, statistics from The Armed Conflict Location & Event Data Project (ACLED) records show that in 2018 alone 11 raids and 4 fatalities occurred. In 2019, ACLED records more than twelve dead in the first raid, followed by various massacres that brought the fatalities to a total of 47. Only deaths were recorded. The injured, the traumatised and the destroyed families and livelihoods are not reflected. “Enough was enough. We toured hotspots including Kainuk and Sigor and we challenged women to take up the mantle of peacebuilding. The lal was silent, there were no songs composed for warriors that season. Women did not go to ceremonies honouring warriors and therefore there was no singing”.

According to Mary, this peace campaign had a significant influence because the women were finally involved. “While government officials were searching for the bandits, we women knew exactly where they were hiding. They rely on us for food and water as they prepare to raid. We told them clearly; we will let the police know where they are when asked. This ultimately led to a long period of peace and collaboration”. It seems it was a peaceful time; people travelled from Lodwar to Kainuk to get products for sale, and to do business. Women from Loyaa went all the way to Kapenguria to shop and sell milk. It was a good time. However, according to Mary, problems returned when the campaigns for the 2022 elections started, and politicians began insulting each other anew. The seeds of hatred grew fast. “Within weeks, we were back to fighting again.” However, contrary to other times, there has been a growing number of women actively involved in and participating in peacebuilding. For instance, the current Bunge la Wananchi grassroots assembly in Kapenguria holds the highest number of women from Marakwet, Turkana and Pokot participants ever, who are working towards peace-making and peacebuilding within their villages. This is an achievement for Mary. However, there is still a lot to be done.

Problems returned when the campaigns for the 2022 elections started, and politicians began insulting each other anew.

That day in Kapenguria, I would never have expected that the energetic peace ambassador seated in front of me in the Kalya Hotel would become a victim of livestock rustling herself. After her brother Ekuru Aukot announced Mary’s death on September 24th 2022, social media channels reported that besides Mary, eight General Service Unit (GSU) police officers, one Senior Chief and two civilians were found dead after they were ambushed by bandits at Namariat Kakiteitei in Turkana East. The story of her death reads like a crime novel. In the night of Friday to Saturday, the village of Ngikengoi was searched by armed bandits who stole livestock and murdered two people. Mary called for security backup to recover the livestock and volunteered to have the law enforcement officials use her vehicle to pursue the suspects. But, for whatever reason, the bandits got wind of the operation and laid a trap for the two vehicles.

Social media channels were awash with devastating pictures of the crime scene, with some commentators crying for revenge, while others called for an end to the violence. Tears came to my eyes when I saw the picture of a mother of four, a wife, a government servant, and a peace ambassador—a role model for women—laying there shot dead. Would we fall into another cycle of violence and revenge?

It has become obvious that current state mechanisms are not effective enough. The short-term disarmament followed by highly publicized peacebuilding barazas seem nothing more than a cosmetic solution to an internalized problem. Mary’s death should be a lesson to both local and national leaders and calls for an immediate change in the response to the violence. Within a society where women have been both victims and motivators of livestock rustling, they must become actively involved in peace-making. As Mary said, “Women are in a unique position, but largely ignored. They can reach their husbands within their homes, they can admonish their sons. Men informally seek the advice and approval of their wives, and sons seek to bring their mothers joy and pride. Therein lies an opportunity that is yet to be explored in order to shift the tide of violence in northern Kenya”.

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