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Jaramogi Oginga Odinga: The Man Kenya Can Never Forget

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Jaramogi Oginga Odinga is the grand old man who Kenya can never forget, writes DAUTI KAHURA and BETHUEL ODUO, who’s legacy will continue to be felt for a very long time in Kenya’s political history.

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JARAMOGI OGINGA ODINGA: The man Kenya can never forget
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If Thomas Joseph (TJ) Mboya was the young man that Kenya wanted to forget, Jaramogi Oginga Odinga is the grand old man who Kenya can never forget. Jaramogi and Tom Mboya were both were nationalists of great distinction from the Luo community who as seasoned politicians posed a threat to the founding president Jomo Kenyatta’s autocratic national designs. Tom Mboya died young, by an assassin’s bullet, on July 5, 1969. Jaramogi died an old man, a mzee, at the age of 82 years on January 20, 1994, after having been tormented by both Kenyatta and Daniel arap Moi regimes effectively from 1969 after his fall out with Kenyatta and through the 80s and 90s during iron-fisted Moi’s reign. Jaramogi Oginga Odinga death anniversary on January 20th, twenty-five years since his passing, was marked quietly in a manner that diminishes his immense contribution to the Kenyan national project.

If Thomas Joseph (TJ) Mboya was the young man that Kenya wanted to forget, Jaramogi Oginga Odinga is the grand old man who Kenya can never forget

No history book on Kenya would be complete without his mention. Jaramogi was the vice president of the nationalist party Kanu when Kenya African Union (Kau) merged with Kenya Independent Movement to form Kanu on May 14, 1960. He was later to become the country’s first Vice President, after Kanu won the 1963 general elections under Kenyatta. When his friend Pio Gama Pinto was killed in 1965, Jaramogi knew he was a targeted man because of his ideological position. Pinto, then was a nominated MP and an avowed communist who was Jaramogi’s confidante. Jaramogi would form the socialist party, Kenya People’s Union in 1966, banned in 1969 leading to his detention under house arrest by his former ally Jomo Kenyatta.

I first set my eyes on Jaramogi on November 16, 1991. Bethuel Oduo my collaborator on this writing project and my senior, had met Jaramogi much earlier, but this day in November, remains fresh in our memories. It was the first licensed political rally organized by the Forum for the Restoration of Democracy (Ford), the fledging opposition movement led by Jaramogi as the interim chair. Oduo and I attended the meeting held at the symbolic Kamukunji Grounds, a historic public space that hosted a number of significant nationalistic political rallies during Kenya’s pre-independent agitation struggles for freedom in the late 50s and early 60s.

This was my first time I was attending a political rally as an impressionable young man in my twenties. I had never seen such a mass of people in such diversity, gathered in one place for a common cause. The atmosphere was electrifying. I could feel the palpitations, as throngs of humanity waited anxiously for the address by the opposition leaders. 1991 was the year that Kenya restored political pluralism after being a de facto one party state since 1969. The old Kenya Lancaster negotiated constitution, previously criminalized a meeting of more than 10 people through Public Order Act 56, which was repealed, just like Section 2A, that proclaimed Kenya to be one party state.

I gathered that many people, young and old, had come specifically to see the legend Jaramogi, a man who had borne so much in the tumultuous and vicious climate of politics in Kenya. “I last saw and heard Jaramogi in 1969,” a man next to me said, “I wonder what he looks like today, but he’s going to talk to us today…what a great feeling.”

A group of emerging opposition politicians, christened the “Young Turks”, among them James Orengo, Paul Muite, Prof Anyang Nyong’o, Raila Odinga, Gitobu Imanyara banded together with veteran politicians Martin Shikuku, Masinde Muliro among others in what was threatening to be an unprecedented opposition coalition set to end Moi’s dictatorial 14 year rule. The force behind this movement was the enigmatic Oginga Odinga and the man of the moment.

Jaramogi was about to address his first meeting after 22 years of state imposed political isolation. Jaramogi spoke in a shrill voice. The microphone held by Prof Ouma Muga, one of the masters of ceremony for the event. The other master of ceremony was Kimani Wanyoike. Jaramogi seemed to voice my thoughts.

“I have never seen so many people gather in my lifetime,” said Jaramogi “This is the first time most of you are attending a political meeting out of your choice.” It felt like he was talking directly to me and he had my full attention as he launched into a 45 minute address.

“Why is Kenneth Matiba not with us today? Why is George Anyona, Edward Oyugi, (Augustine) Njeru Kathangu, Rumba Kinuthia, Koigi wa Wamwere, Ngotho Kariuki and many other freedom fighters not with us?”

“Why are our sons and daughters still in exile? Why are brilliant people who can teach in our universities wasting their lives overseas? Why was Robert Ouko murdered? Was he murdered for speaking about corruption? Was he murdered for speaking his mind in the cabinet? Why was (Alexander) Muge murdered? Was it because he exercised his freedom to preach the word of God to condemn sin and corruption?” He had captured the mood in the country in distress and the masses of people were beyond ecstatic.

Of the six ford movement founder members, Jaramogi Oginga, Philip Gachoka, Ahmed Bahmariz, Martin Shikuku, Masinde Muliro and George Nthenge, only Nthenge is alive today. George Nthenge who became Kamukunji constituency MP in the first multiparty elections in 1992 recalls the moment. “Jaramogi was an old man and he knew that if he brought nine other elders together, the government would not risk international condemnation by arresting us. This is how Masinde Muliro and Martin Shikuku were sent to recruit me. Ahmed Bahmariz was also recruited, but we could not get three other elders to bring the total to nine.” Today Nthenge still runs his curio shop at the City Market, a shop he has maintained for well over four decades.

Jaramogi was not only the doyen of opposition politics in Kenya. He was a noted Pan Africanist and his credentials remain unquestionable. In January 1992 during an interview with the Nairobi Law Monthly magazine, Jaramogi spoke of his relationships with people like Kwame Nkrumah of Ghana, Julius Nyerere of Tanzania and Nelson Mandela, who had just been released from prison in 1990. “Kwame lived before his time. He had seen Africa through and through. And he lived as if Africa was one country. He was very diligent, hardworking and a person that one could admire. He was instrumental in dedicating me to struggle for Kenya. He told me: ‘you fight in your own country for Kenyatta, Kenyatta is in London, but he is a nationalist of the first order’”.

Although exiled in Guinea in 1966, Kwame Nkrumah, Ghana’s former President was very close to Jaramogi to the extent that he still found time to pen a foreword to his book Not Yet Uhuru, Kenya best political treatise to date.

On Nyerere, Jaramogi had this to say: “I know Nyerere as a very intelligent person and great nationalist. He refused a big salary and lived on the minimum that he could…Nyerere actually considered public opinion important.”Jaramogi himself would later talk of how he could not justify earning a salary, (making reference his role as VP in the independence cabinet) while his duties had been distributed to other cabinet ministers, in a bid to punish and tame him. So he quit government.

Jaramogi considered many global leaders and Pan Africanists as close friends. The list included Jawaharlal Nehru, Prime Minister of India, Gamal Abdel Nasser of Egypt, Julius Nyerere of Tanzania, Milton Obote, President of Uganda, Ahmed Sekou Toure of Guinea, Ahmed Ben Bella former Prime Minister of Algeria and Kenneth Kaunda of Zambia.

In the Nairobi Law monthly interview, Jaramogi also spoke on the icy relationship that had existed between him and Tom Mboya before his violent death. “Mboya was for the West and had a liking for America. On my part, I had been to the Soviet Union, China and Japan and generally the East to find out what went on there. People took this to mean I was the ‘good boy’ of the East and Mboya of the West.” The politics of the Cold War, the confrontation between the United States and the Soviet Union had ramifications on Kenyan politics.

Jaramogi was detained at Hola detention camp, a remote town on river Tana, Tana River county between 1970-1972. Former chief justice Willy Mutunga who spent a stint in Hola after the abortive (August 1st) 82 coup, remembers occupying the same cell as Jaramogi. “Jaramogi was a selfless nationalist, who was never interested in self-aggrandizement and Pan Africanist, who truly loved his country and continent,” observed the former chief justice.

After his release from detention in Hola, Jaramogi remained under house arrest in Kisumu until Kenyatta’s death in 1978. President Moi on assuming the power attempted to rehabilitate Jaramogi by appointing him the chairman of the Cotton Lint and Seed Marketing Board in 1979. It was a way of telling him to revive the cotton farming, which had collapsed after his disagreement with Kenyatta. Jaramogi said as much in the Nairobi Law Monthly interview: “The cotton industry had really gone down and Moi needed somebody to bring it up. I did my best and people actually saw that the cotton industry was coming up.”

But as fate would have it, in April 1981, Jaramogi’s tongue ‘slipped’ during a fundraiser in Mombasa when he sensationally claimed Kenyatta had been a land grabber and that is why they had differed with him. Subsequently, Moi relieved Jaramogi of his position. It is rumoured that the inner circle of Moi’s cabinet that included the powerful attorney general Charles Njonjo engineered the sacking. A retired politician from that era who requested anonymity recalls Njonjo allegedly telling Moi. “’If indeed it’s true you are following the footsteps of Kenyatta, is Odinga saying therefore, you are also a land grabber?” When Moi took over from Kenyatta, after his demise on August 22, 1978, he broadly proclaimed ‘Mimi nitafuata nyayo za Mzee, (I will follow in the footsteps of Mzee Kenyatta) and in a sense he had to save political face. That sacking essentially meant that Jaramogi was back into “political Siberia.”

In 1981, the then MP for Bondo, Jonas Ochieng Ougo suddenly tendered his resignation, occasioning a by-election. The truth of the matter was that he was hoping to pave way for Jaramogi, to be elected as the next MP. The Siaya Kanu sub-branch on orders from Moi effectively barred Jaramogi from contesting and that is how William Odongo Omamo aka Kaliech found his way back as the MP for Bondo. Ougo had been Jaramogi’s student at Maseno who would later teach Raila Odinga at Maranda School before moving on to become the head teacher at Friends school Kamusinga, in Kaimosi, Bungoma county.

When Moi took over from Kenyatta, after his demise on August 22, 1978, he broadly proclaimed ‘Mimi nitafuata nyayo za Mzee, (I will follow in the footsteps of Mzee Kenyatta) and in a sense he had to save political face. That sacking essentially meant that Jaramogi was back into “political Siberia

The idea to form another party came to Jaramogi after his attempts to re-enter parliament had hit a brick wall. The following year in 1982, teaming up with George Anyona, the firebrand politician from Gusii land, Jaramogi and Anyona walked to Sheria House and asked the registrar of political parties to register their party, the Kenya African Socialist Alliance (KASA). John Khaminwa had written Kasa’s constitution. This would mark the genesis of Khaminwa’s reputation as the lawyer for detained Kenyans; become a marked man by Moi’s regime. Indeed after the August 1982 abortive coup de ’tat, he was detained alongside politicians and university dons, considered rebels by Moi. Jaramogi’s son Raila would also begin his long spell of detention for his role in the coup but also as many believed for the sins of his father who Moi could not detain.

Always a paranoid man, Moi could not fathom another party rivaling KANU. It was the fear of Kasa that drove Moi to ask Parliament to pass one afternoon a bill that later become law stating that changed Kenya from a defacto to a dejure one party state.

With the return to plural politics in December 1992, Jaramogi was elected the MP for Bondo constituency in Siaya, while his son Raila was elected the MP for Langata constituency in Nairobi. For the first time, a father and son were both elected MPs. A year later, Jaramogi was dead and his first-born son Oburu Odinga replaced him. The two Odinga brothers were duly elected MPs of the August House.

Always a paranoid man, Moi could not fathom another party rivaling KANU. It was the fear of Kasa that drove Moi to ask Parliament to pass one afternoon a bill that later become law stating that changed Kenya from a defacto to a dejure one party state.

When the Luo people migrated from Uganda and Sudan and landed on the other side of Lake Victoria in the 15th century, they were led by one Ramogi Ajwang, who is believed to be the patriarch of the Kenyan branch of the Luo. That is how Oginga Odinga acquired the name ‘Ja-Ramogi’. ‘Ja’ is a prefix which means ‘he who belongs to.’

In his life time, Jaramogi Oginga Odinga came to assume a persona that was larger than life and sometimes stranger than fiction. Mzee Odungi Randa, Jaramogi’s former handyman told us in Kisumu.

“Jaramogi was labelled many things by his detractors,” “Communist, dissident, rebel, tribalist, trouble shooter, rogue element, yet he remained firm and resilient and focused on his nationalist ambitions.”Although wealthy by all standards, he never flaunted it and throughout his life, he embodied the philosophy of egalitarianism, said Randa.

By the mid 1940s Jaramogi had formed Bondo Thrift and Trading Corporation. As the company grew, he toyed with several names to rename the expanding corporation. In 1947, he settled for Luo Thrift and Trading Corporation (LUTATCO). Jaramogi said he named the company Luo Thrift, because he wanted the Luo people to feel the company was part of them, hence proud of it.

“Kenya People Union was formed after Jaramogi felt those who risked their lives for Kenya to attain independence had been short changed and sidelined by the very same people they had fought colonialists together,” observed Randa. “It was the case of the Mau Mau freedom fighters versus the home guards that was repeating itself.”

In Nairobi, we went looking for Jaramogi’s one time neighbour at his Jerusalem estate houses in Eastlands. Thomas Onyango Daniel, now his late 40s, grew up in the same block that his family shared with Jaramogi. He remembers a quiet old man with an aura of wisdom. “It was not easy to see him leave or come to the flat,” recalls Onyango. “He remained an elusive figure to my mind until 1990, when the clamour for multiparty started in earnest. All of a sudden, Jaramogi’s house became a beehive of important people coming to see him”. Despite his elusive character, Onyango remembers Jaramogi as a kind man. “When he was around, he would invite us children to the house to drink brown uji (porridge).

Jaramogi had two houses near Jerusalem shopping centre: one on the ground floor and the other up the stairs. “When around, he spent most of the times in the upstairs one, that is where he would meet and entertain his guests,” said Onyango. “I remember him always dressed in a khaki shorts and his signature trademark, the akala (rubber sandals made out of motor vehicle tyre) shoes. All the time he was there, there was a constant stream of people flocking to see him.” To date, the matatu stage near his houses is referred to as Kwa Jaramogi.

Thomas Odoyo 65, from Agoro Nyakach recalled the year 1966 when there was a heated campaign rally in Pap Onditi, as two contestants went for each other’s neck.“Yusto Nyamolo Okal was running against Jaramogi’s candidate Ondiek Chilo. At the rally, fracas ensued between Okal’s supporters and Jaramogi’s youth wing led by Ndolo Ayah.” Odoyo described Ayah as Jaramogi’s ardent supporter. He could not stand Tom Mboya whom he had fundamental personal differences with.”

Interestingly, Ayah had been a student at Makerere University in Kampala, Uganda in the early 60s. Together with him was Pamela Odede, the daughter of Walter Odede, the late freedom fighter and member of the Legislative Council (Legco). Ayah and Pamela were an item in college. On the invitation of the Makerere Students Guild, Tom Mboya, went to give a talk at the university campus. Pamela, who attended the inaugural lecture, was smitten with the young flamboyant politician from Kenya. TJ persuaded her to abandon her studies at Makerere, to become one of the pioneers of the 1961 airlift which TJ had organized. In her group, were Wangari Muta Mathai, Ojwang K’Ombudo, Muthoni Muthiga, Beth Mugo and Nicholas Mugo. Nicholas married Beth and Tom married Pamela and Ayah never forgave TJ.

It is at the Pap-Onditi rally that Jaramogi’s mystical powers came to light. “When the two opposing crowds became really hostile Jaramogi pointed at Nyamolo Okal with his left hand and told him in Dholuo, “Nyamolo Okal in ema iketho bucha kamae, wanane ka nine od bura?” (Nyamolo Okal, you are the one who is messing up my rally, we shall see whether you will see Parliament). After the confrontation, the rally aborted and people dispersed cursing the ‘spoilers.’ Nyamolo became a marked man in Jaramogi’s political terrain. Nyamolo was the first Kenyan to head Kakamega High School after graduating from Makerere.

“For being anti-Jaramogi Okal acquired Equatorial Printing Press located in Nairobi’s Industrial Area. The business was the first African owned commercial printing facility. He was rewarded by being single sourced to supply books and stationery to the then Kenya School Equipment Scheme,” said Odoyo. And true to Jaramogi’s word Nyamolo never saw the gates of Parliament. “He unsuccessfully contested the Nyakach constituency seat in 1966, 1969 and 1974. After the assassination of Mboya, things started going south for Nyamolo Okal. His business empire collapsed and he eventually died a poor desolate soul.” According to Odoyo, Jaramogi’s curse ‘his left hand’ had come to pass.

“Yes it is true that Jaramogi’s left hand was shorter than the right one, but really, did it have extra-ordinary powers to condemn people to political oblivion?” posed Mark Otieno. Otieno narrated a story about Jaramogi and his political son James Orengo. “One day in the mid-1980s, Jaramogi was in a good mood, so Ajimmy (as he referred to Orengo) asked Jaramogi whether it was true his left hand had magical powers and if he pointed at anyone with that hand, he would remain cursed. Jaramogi laughed sarcastically and replied ‘Mano ji ema wacho ok an” (It is hearsay and not from me).’”During this period, both Jaramogi and Orengo were constant victims of state humiliation.

“ Orengo took his frustrations to Jaramogi: ‘Ka en adieri, kare Moi machandowani ok isieme gilwetino chieng’moro owere kodwa.’ (If it is true about (Jaramogi’s hand), why then don’t you use it on Moi, who is giving us trouble, so that he can leave us alone?) Jaramogi ended that discussion by stating, ‘Piny nonene nyasaye ema ong’eyo’. The world (in reference to Moi) will deal with him…it is God who knows.)” Otieno said that was vintage Jaramogi: people tendered to build mystery around his personality. “Just like his son Raila, he was considered an enigma of sorts and invisible. Many of his staunch followers believed it was not easy to harm him in any way.”

Orengo was Jaramogi’s legal adviser and Jaramogi treated Orengo like his real son. Jaramogi knew Orengo’s dad, Apollo Orengo Onunga, who was a police inspector. That is why Orengo, being a son of a cop has on numerous times said he does not fear the police, because he grew up in a cop’s homestead. Still, Jaramogi’s dotted on Orengo because of his sharp legal mind.

“At the age of 29, Jaramogi made Orengo an MP for Ugenya constituency,” narrated Otieno nostalgically. “Jaramogi one day during the campaigns came to Ugenya, he didn’t get out of his car, but people gathered around it. He told them: ‘you know I’m not allowed to speak, so I was just passing by, but, by the way, when you see that son of Apollo, please pass my regards.’ The people quickly understood what Jaramogi had told them. Orengo was voted in overwhelmingly. His son Raila, somehow took over that mantle and whenever he endorses you, consider yourself elected.”

Mzee Solomon Owino told us that Jaramogi would deliberately give nicknames to some of his political friends and loyalists. “He coined names like Ondiek‘Chilo’Miguda, Okuto Bala (the former ambassador to Russia), Achieng ‘Nyakech’Oneko. Ondiek is the Luo word for hyena, okuto is salty rock and nyakech is an antelope or a gazelle. He nicknamed Oneko nyakech, because of his tall slender body frame. Jaramogi said some of his supporters in their great support for him were like the vicious hyenas. They would stop at nothing in his defense.”

Among the Young Turks, Jaramogi also had a special nickname for Paul Kibugi Muite: Obiero –the true son of the home. But the literal translation of Obiero in English language is placenta. “Jaramogi was fond of Muite because he would tell him he had the dark complexion of a Luo man,” opined Mzee Owino. Jaramogi surrounded himself with emerging young and versatile oppositionist politicians, who were quickly given the moniker Young Turks by the Kenyan mainstream media. They included, Gitobu Imanyara, James Orengo, Kiraitu Murungi, Mukhisa Kituyi, Paul Kibuge Muite, Prof Ayang’ Nyong’o and Prof Ouma Muga.

Achieng Oneko was a bosom buddy of Jaramogi. It is Achieng Oneko who introduced him to Jomo Kenyatta in 1952 in Kisumu for the first time before he was detained. They had a closed meeting at Maseno Store, a big shop that was part of LUTATCO initiative.

Elated by Kenyatta’s visit to Maseno Jaramogi would later write him a “thank you” note in his book Not Yet Uhuru.

“You can’t imagine the happiness I derive from your one day visit to Maseno on Tuesday. I really enjoyed your company heartily and hope we will have more moments like this in the coming days of our self-government. In this, I am your disciple to the hilt. You were so much at home and felt so very native to the house, as if Maseno had been your home Kikuyuni. I will never forget that memorable day…when you return again to us in August as you have promised to do. I hope to attend many meeting with you and give you as much assistance as will be possible from nationalist and businessman.

I remain, always,

Your disciple in nationalism.”

That meeting could possibly have been the first where the Luo-Kikuyu unity was mooted. In that meeting, Kenyatta told Jaramogi: “We must get to know one another. The Kikuyu must know the Luo thoroughly. The Luo should select 12 influential elders to tour Kikuyu country, to travel as far as Mombasa and that 12 influential Kikuyu elders would travel to Luo country. The conclusion of the two delegations would be inevitable; that we are Africans, one and the same. United, we would be formidable. I have lived with these people (whites) in Great Britain, I know they fear unity.”

Scholar David Odemba from Kaksingri in Mbita believes the silent but often times open rivalry between Tom Mboya and Jaramogicould have been a blessing in disguise. “The divergent ideological approaches helped advance academic achievement among the Lake people. Both the protagonists were competing to send as many students as possible to Europe and America,” pointed out Odemba. “The airlifts to the East and West were the foundation upon which the latter Luo youth found role models whom to date they emulate. Mboya and Jaramogi emphasized the need to acquire higher education as a form of social security. They saw the gift of formal education as the future community’s insurance in its sustainability. They are both credited with the deliberate glorification of academia in Luoland.”

Newspaper vendor Okungu Kerry of Kisumu, remembers Jaramogi fondly: “Jaramogi saved the Nyanza sugarbelt area from being grabbed by outsiders. The areas around Koru, Songhor, Muhoroni, Chemelil and Miwani were once occupied by Indian sugar cane farmers or white settlers. Through legislation on resettlement of landless Africans, Jaramogi ensured victims of floods from Kano plains were given first priority after Kenya’s first El-Nino rains of 1961.My grandfather was settled in Kibigori after their home was destroyed by the same floods.”

Many of his Jaramogi’s followers believe his political persecution led to the ‘Luo’ cash crops being targeted and profiled for destruction. “Either by design or default, cash crops grown in Luo land became political crops. Because of this the Luo farmer suffered greatly. This was a deliberate, quiet and systematic dispossession of their only source of livelihood. Cotton which was the agricultural mainstay of the Luo was the first to be wiped off. All the ginneries closed down and farmers were rendered paupers. Sugar remained the crop the people could rely on. Sisal had earlier succumbed to global technological changes that brought in synthetic fibre,”

Many Luo people believe that according to their ethnic epistemology, only one person can inherit a father’s strong genes and possibly mystical powers. There is a stark difference between the two surviving Jaramogi sons, Oburu Oginga and Raila Odinga. The first born Oburu is a colourless and uninspiring politician. “Oburu has never persuaded anyone that he is his own man,” said an observer of the Jaramogi dynasty.“One wonders whether he could ever survive politically without his younger brother Raila.”Plucked from a civil service job as a provincial planning officer and living in a humble Mosque estate in house in Kisumu, Oburu has remained in Raila’s shadow since 1994, when he replaced Jaramogi as MP for Bondo.

Jaramogi’s legacy will continue to be felt for a very long time especially in Nyanza where several iconic institutions have taken up his name. Jaramogi Oginga Odinga University, Jaramogi Oginga Odinga Referral Hospital and Oginga Odinga Road are just some of the main landmarks that will forever keep his name alive.

Like his father Jaramogi, Raila has developed own his international networks making him known beyond Kenya. Twenty five years down the road, many of Jaramogi’s believers said his political fervour and determinism has been kept alight by his son Raila Odinga.

Jaramogi and Raila are political enigmas that very often defy easy classification and political analysis. Each personality comes with his own nickname. Jaramogi was initially named Obadiah Adonijah. In Not Yet Uhuru he says “I never liked the names. I never used them though in those days it was important to be known if you were Christian by your baptismal name”. He instead adopted Ajuma Oginga Odinga but the first name ‘Ajuma’ also fizzled out with time leaving the double ‘O’ intact. Raila is variously known by his nicknames like Agwambo, Tinga and RAO.

Jaramogi’s legacy will continue to be felt for a very long time especially in Nyanza where several iconic institutions have taken up his name. Jaramogi Oginga Odinga University, Jaramogi Oginga Odinga Referral Hospital and Oginga Odinga Road are just some of the main landmarks that will forever keep his name alive.

Whether the spirit of Jomo Kenyatta and Jaramogi has influenced the current working relationship between President Uhuru Kenyatta and Raila, their respective sons is a story for another day.

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Kahura is a senior writer for The Elephant and Oduo is a freelance journalist based in Nairobi, Kenya

Politics

Is Somalia’s Quest for Membership of the EAC Premature?

Somalia must first ensure sustained progress in stability, infrastructure development, governance, and economic growth before considering full membership of the East African Community.

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Is Somalia’s Quest for Membership of the EAC Premature?
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The current members of the East African Community (EAC) are Tanzania, Kenya, Uganda, Rwanda, Burundi, and South Sudan. The Somali Federal Government, under the leadership of Hassan Sheikh Mohamud, has expressed a strong interest in joining the EAC, sparking questions among Somali citizens as to whether the country is ready to join such a large and complex regional bloc.

During President Hassan Sheikh Mohamud initiated Somalia’s pursuit of EAC membership during his previous term as a president from 2012 to 2017. However, little progress was made during his first term and, following his re-election, President Hassan reignited his pursuit of EAC membership without consulting essential stakeholders such as the parliament, the opposition, and civil society. This unilateral decision has raised doubts about the president’s dedication to establishing a government based on consensus. Moreover, his decision to pursue EAC membership has evoked mixed responses within Somalia. While some Somalis perceive joining the EAC as advantageous for the country, others express concerns about potential risks to Somalia’s economic and social development. President Hassan has defended his decision, emphasising that Somalia’s best interests lie in becoming a member of the EAC.

To assess Somalia’s readiness to join the EAC, the regional bloc undertook a comprehensive verification mission. A team of experts well versed in politics, economics, and social systems, was tasked with evaluating Somalia’s progress. The evaluation included a thorough review of economic performance, trade policies, and potential contributions to the EAC’s integration efforts. During this process, the team engaged with various government institutions and private organisations, conducting comprehensive assessments and discussions to gauge Somalia’s preparedness.

One of the key requirements for Somalia is demonstrating an unwavering commitment to upholding principles such as good governance, democracy, the rule of law, and respect for human rights. Somalia must also showcase a vibrant market economy that fosters regional trade and collaboration.

Successful integration into the EAC would not only elevate Somalia’s regional stature but would also foster deeper bonds of cooperation and shared prosperity among the East African nations. While this is a positive step towards regional integration and economic development, there are several reasons for pessimism about the potential success of Somalia’s membership in the EAC.

Somalia must also showcase a vibrant market economy that fosters regional trade and collaboration.

Somalia has faced significant challenges due to prolonged conflict and instability. The decades-long civil war, coupled with the persistent threat of terrorism, has had a devastating impact on the country’s infrastructure, economy, governance systems, and overall stability.

The following fundamental factors raise valid concerns about Somalia’s readiness to effectively participate in the EAC.

Infrastructure development

Infrastructure plays a critical role in regional integration and economic growth. However, Somalia’s infrastructure has been severely damaged and neglected due to years of conflict. The country lacks adequate transportation networks, reliable energy systems, and while communications infrastructure has improved, internet penetration rates remain low and mobile networks – which are crucial for seamless integration with the EAC – can be unavailable outside of urban centres. Rebuilding such infrastructure requires substantial investments, technical expertise, and stability, all of which remain significant challenges for Somalia.

Political stability and governance

The EAC places emphasis on good governance, democracy, and the rule of law as prerequisites for membership. Somalia’s journey towards political stability and effective governance has been arduous, with numerous setbacks and ongoing power struggles. The lack of a unified government, coupled with weak state institutions and a history of corruption, raises doubts about Somalia’s ability to meet the EAC’s standards. Without a stable and inclusive political environment, Somalia may struggle to effectively contribute to the decision-making processes within the regional bloc.

Economic development and trade

Somalia’s economy has been heavily dependent on the informal sector and faces substantial economic disparities. The country needs to demonstrate a vibrant market economy that fosters regional trade and collaboration, as required by the EAC. However, the challenges of rebuilding a war-torn economy, tackling high poverty rates, and addressing widespread unemployment hinder Somalia’s ability to fully participate in regional trade and reap the benefits of integration.

Security Concerns

Somalia continues to grapple with security challenges, including the presence of extremist groups and maritime piracy. These issues have not only hindered the country’s development but also pose potential risks to the stability and security of the entire EAC region. It is crucial for Somalia to address these security concerns comprehensively and to establish effective mechanisms to contribute to the EAC’s collective security efforts.

Economic Disparity and Compatibility

Somalia’s economy primarily relies on livestock, agriculture, and fishing, which may not align well with the more quasi-industralised economies of the other EAC member states. This mismatch could result in trade imbalances and pose challenges for integrating Somalia into the regional economy. For instance, according to the World Bank, Somalia’s GDP per capita was US$447 in 2021 whereas it is US$2081 for Kenya, US$1099 for Tanzania, and US$883 for Uganda. Furthermore, Somalia faces significant economic challenges, including capital flight that drains resources from the country, contributing to its status as a consumer-based economy.

This divergence in economic structures could lead to trade imbalances and impede the seamless integration of Somalia into the regional economy. The substantial economic gap between Somalia and other EAC member states suggests a significant disparity that may hinder Somalia’s ability to fully participate in the EAC’s economic activities. Additionally, Somalia has yet to demonstrate fiscal or economic discipline that would make it eligible for EAC membership. While Somalia has a functioning Central Bank and the US dollar remains the primary mode of financial transactions, the risk of integration lies with the other EAC members; cross-border trade would occur in an environment of instability, posing potential risks to the other member state.

Somalia faces significant economic challenges, including capital flight that drains resources from the country, contributing to its status as a consumer-based economy.

While these fundamental challenges remain, it is important to acknowledge the progress Somalia has made in recent years. This includes the gradual improvement in security conditions, the establishment of key governmental institutions, and the peaceful transfer of power. One can also argue that many of these fundamental economic, infrastructure, political instability, and security concerns exist across the East African Community. However, what makes Somalia unique is the scale of the challenges it faces today. Somalia has adopted a federal political structure, which has not worked well so far. This level of fragmentation and civil political distrust makes Somalia’s case unique. More than ever, Somalia needs meaningful political and social reconciliation before it can embark on a new regional journey.

The absence of an impact assessment by the relevant ministries in Somalia is alarming. Without this assessment, it becomes challenging to make informed decisions about the potential benefits of joining the EAC and the impact on our economy and society. Conducting this assessment should be a priority for Somalia’s ministries to ensure a comprehensive evaluation of the potential benefits and risks involved in EAC membership. Furthermore, President Hassan Sheikh Mohamud’s decision to pursue Somalia’s integration into the EAC lacks political legitimacy as a decision of this nature would normally require ratification through a popular vote and other legal means through parliament. The failure to achieve this could potentially allow another president in the future to unilaterally announce withdrawal from the EAC.

Fragile state of Affairs and internal disputes

The recent reopening of the Gatunda border post between Uganda and Rwanda after a three-year period of strained relations indicates a fragile state of affairs. The East African Court of Justice has ruled that Rwanda’s initial closure of the border was illegal, highlighting the contentious nature of inter-country disputes. Furthermore, Tanzania and Uganda have formally lodged complaints against Kenya, alleging unfair advantages in trade relations, and have even gone as far as threatening Kenya with export bans. These grievances underscore the underlying tensions and competition between member states, which could potentially hinder the harmonious functioning of the East African Community. These political and economic disagreements among member states increase the risks associated with Somalia’s membership. Somalia must carefully evaluate whether it is entering a united and cohesive bloc or one plagued by internal divisions. Joining the East African Community at this juncture carries the risk of being drawn into ongoing disputes and potentially being caught in the crossfire of inter-country rivalries.

Conflict in South Sudan

The prolonged conflict in South Sudan, which has been ongoing since its admission to the East African Community (EAC) in 2016, serves as a cautionary tale for Somalia. Despite the EAC’s efforts to mediate and foster peace in the region, the outcomes have been mixed, resulting in an unsustainable peace. This lack of success highlights the challenges faced by member states in resolving conflicts and maintaining stability within the community. Somalia must carefully evaluate whether its participation in the EAC will genuinely contribute to its stability, economic growth, and development, or if it risks exacerbating existing internal conflicts. Joining the community without a solid foundation of political stability, institutions, and peace could potentially divert resources and attention away from domestic issues, hindering Somalia’s progress towards resolving its own challenges. South Sudan’s admission to the EAC in 2016 was seen as a major step towards regional integration and stability. However, the country has been mired in conflict ever since, with two civil wars breaking out in 2013 and 2016. The EAC has been involved in mediation efforts, with mixed results.

Assessing Readiness

Somalia must evaluate the readiness of its institutions, infrastructure, and economy to effectively engage with the East African Community. Comprehensive preparations are crucial to ensure that joining the community is a well thought-out and strategic decision, rather than a hasty move that could further destabilise the nation. Somalia needs to assess whether its infrastructure, institutions, and economy are sufficiently developed to cope with the challenges and demands of integration. Premature membership could strain Somalia’s resources, impede its growth, and leave it at a disadvantage compared to more established member states.

Somalia must carefully evaluate whether it is entering a united and cohesive bloc or one plagued by internal divisions.

Somalia must ensure sustained progress in stability, infrastructure development, governance, and economic growth before considering full membership of the EAC. A phased approach that prioritises capacity building, institution-strengthening, and inclusive governance would enable Somalia to lay a solid foundation for successful integration and reap the maximum benefits from EAC membership in the long term. Failure to address these concerns would make Somalia vulnerable to exploitation and market monopolies by stronger economies, and could also risk a lack of seamless convergence for Somalia’s membership. While there is political will from EAC leaders to support Somalia’s membership, it is vitally important that they make the right decision for Somalia and the EAC bloc as a whole to ensure a successful integration. I believe that, at this juncture, the disadvantages of Somalia joining the EAC outweigh the benefits.

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Politics

2023 Marks 110 Years Since the Maasai Case 1913: Does it Still Matter?

It was a landmark case for its time, a first for East Africa and possibly for the continent. A group of Africans challenged a colonial power in a colonial court to appeal a major land grab and demand reparations. They lost on a technicality but the ripple effects of the Maasai Case continue to be felt.

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2023 Marks 110 Years Since the Maasai Case 1913: Does it Still Matter?
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In the name Parsaloi Ole Gilisho there lies an irony. It was spelled Legalishu by the colonial British. Say it out loud. He gave them a legal issue, all right. And a 110-year-old headache.

This extraordinary age-set spokesman (a traditional leader called ol-aiguenani, pl. il-aiguenak) led non-violent resistance to the British, in what was then British East Africa, that culminated in the Maasai Case 1913. Ole Gilisho was then a senior warrior, who was probably in his mid- to late thirties. In bringing the case before the High Court of British East Africa, he was not only challenging the British but also the Maasai elders who had signed away thousands of acres of community land via a 1904 Maasai Agreement or Treaty with the British. This and the 1911 Agreement – which effectively rendered the first void – are often wrongly called the Anglo-Maasai Agreements. In Ole Gilisho’s view, and those of his fellow plaintiffs, these elders had sold out. The suit accused them of having had no authority to make this decision on behalf of the community. This represented a very serious challenge by warriors to traditional authority, including that of the late laibon (prophet) Olonana, who had signed in 1904, and died in 1911.

The British had expected the Maasai to violently rebel in response to these issues and to colonial rule in general. But contrary to modern-day myths that the Maasai fought their colonisers, here they resisted peacefully via legal means. They hired British lawyers and took the British to their own cleaners. Spoiler: they lost, went to appeal, and lost again. But archival research reveals that the British government was so convinced it would eventually lose, if the Maasai appealed to the Privy Council in London (they didn’t), that officials began discussing how much compensation to pay.

The facts are these. The lawsuit was launched in 1912. There were four plaintiffs, Ole Gilisho and three fellow Purko (one of the 16 Maasai territorial sections) Maasai. In Civil Case No. 91 they claimed that the 1911 Maasai Agreement was not binding on them and other Laikipia Maasai, that the 1904 Agreement remained in force, and they contested the legality of the second move. They demanded the return of Laikipia, and £5,000 in damages for loss of livestock during the second move (explained below). Ole Gilisho was illiterate and had never been to school. But he and his fellow plaintiffs were assisted by sympathetic Europeans who were angered by the injustice they saw being perpetrated against a “tribe” that British administrators conceded had never given them any trouble. These sympathisers included people who worked for the colonial government, notably medical Dr Norman Leys and some district officials, lawyers, a few missionaries, the odd settler, and a wider group of left-wing MPs and anti-colonial agitators in Britain.

What had led up to this? After the 1904 Agreement, certain groups or sections of Maasai had been forcibly moved from their grazing grounds in the central Rift Valley around Naivasha into two reserves – one in Laikipia, the other in the south on the border with German East Africa. The British had pledged that this arrangement was permanent, that it would last “so long as the Maasai as a race shall exist”. But just seven years later, the British went back on their word and moved the “northern” Maasai again, forcing them at gunpoint to vacate Laikipia and move to the Southern Reserve. In all, it is estimated that the Maasai lost at least 50 per cent of their land, but that figure could be nearer 70 per cent. The ostensible reason for moving them was to “free up” land for white settlement – largely for British settlers but also for South Africans fleeing the Boer War (also called the South African War).

But just seven years later, the British went back on their word and moved the ‘northern’ Maasai again, forcing them at gunpoint to vacate Laikipia and move to the Southern Reserve.

By the time the case came to court, Ole Gilisho had become a defendant, even though he was in favour of the plaint. So were at least eight other defendants. He had signed the 1904 Agreement, and now stood accused with 17 other Maasai of having no authority to enter into such a contract. The first defendant was the Attorney General. Ole Gilisho’s son-in-law Murket Ole Nchoko, misspelled Ol le Njogo by the British, and described as a leading moran (il-murran or warrior) of the Purko section, was now the lead plaintiff. The plaint was called Ol le Njogo and others v. The Attorney General and others.

Challenges facing the plaintiffs

Most Maasai were illiterate in those days, and this obviously placed them at a major disadvantage. They could not write down their version of events. They were forced to rely, in their dealings with officials and their own lawyers, upon translators and semiliterate mediators whose reliability was questionable. But it is evident, from the archival record which includes verbatim accounts of meetings between Maasai leaders and British officials in the run-up to the moves and case, that the level of verbal discourse was highly sophisticated. This comes as no surprise; verbal debate is a cornerstone of Maasai society and customary justice. Unfortunately, that alone could not help them here. They knew they needed lawyers, and asked their friends for help. Leys, who was later sacked from the colonial service for his activism, admitted in a private letter: “I procured the best one in the country for them.” This was more than he ever admitted openly.

Local administrators used intimidation and all kinds of devious means to try and stop the case. (I didn’t come across any evidence that the Colonial Office in London sanctioned this; in fact, it ordered the Governor not to obstruct the main lawyer or his clients.) They allegedly threatened Ole Gilisho with flogging and deportation. They threatened and cross-questioned suspected European sympathisers, including Leys and the lawyers. They banned Maasai from selling cattle to raise the legal fees, and placed the Southern Reserve in continuous quarantine. It was hard for the plaintiffs, confined to a reserve, to meet their lawyers at all. At one point, lawyers were refused passes to enter the reserve, and their clients were prevented from leaving it.

We hear Ole Gilisho’s voice in the archival record. Forced to give a statement explaining his actions to officials at Enderit River on 21 June 1912, when asked if he had called Europeans to his boma, he replied: “Is it possible for a black man to call a white man?” He denied having called the Europeans (probably lawyers or go-betweens), saying they had come to him. Leys later explained to a friend that Ole Gilisho had probably been “terrified out of his wits”, and hadn’t meant what he said.

What happened in court

The case was thrown out when it first came before the High Court in Mombasa in May 1913. The Maasai appealed, and that is when the legal arguments were fully aired by both sides – lawyers for the Crown and the Maasai. The appeal was dismissed in December on the grounds that the plaintiffs’ claims were not cognisable in municipal courts. The two agreements were ruled not to be agreements but treaties, which were Acts of State. They could not, therefore, be challenged in a local court. It was impossible for the plaintiffs to seek to enforce the provisions of a treaty, said the judges – “The paramount chief himself could not bring such an action, still less can his people”. Claims for damages were also dismissed.

The Court of Appeal’s judgement centred on the status of a protectorate, in which the King was said to exercise powers granted to him under the Foreign Jurisdiction Act of 1890. Irrational as it sounds, the Crown claimed that British East Africa was not British territory, and the Maasai were not British subjects with any rights of access to British law, but “protected foreigners, who, in return for that protection, owe obedience” to the Crown. As Yash Pal Ghai and Patrick McAuslan later put it, when discussing the case in a 1970 book: “A British protected person is protected against everyone except the British.” On the plus side, the judges ruled that the Maasai still retained some “vestige” of sovereignty. (The Maasai’s lawyer argued that they did not.) This triggered later moves by Maasai politicians, in the 1960s, to float the idea of secession from Kenya and the possible creation of a sovereign Maasai state. John Keen had threatened this in 1962 at the second Lancaster House Conference in London, attended by a Maasai delegation.

Alexander Morrison, lawyer for the Maasai, argued that British rule and courts were established in the protectorate, which had not been the case 30 years earlier. The Maasai were not foreigners but equal to other British subjects in every way. The agreements were civil contracts, enforceable in the courts, and not unenforceable treaties. If one took the Crown’s claim about Acts of State to its logical conclusion, he argued, a squatter refusing to leave land reserved for the Maasai could only be removed by an Act of State. None of his arguments washed with the judges. (See my 2006 book Moving the Maasai for a fuller account.)

Morrison advised his clients to appeal. It seems they couldn’t raise the funds. However, oral testimony from elders reveals a different story: Ole Gilisho had planned to sail to England to appeal to the Privy Council, but he was threatened with drowning at sea. This is impossible to verify, but it rings true.

In an interview carried out on my behalf in 2008 by Michael Tiampati, my old friend John Keen had this to say about the outcome of the case: “If the hyena was the magistrate and the accused was a goat, you should probably know that the goat would not get any form of justice. So this is exactly how it was that the Maasai could not get any fair justice from British courts.”

Contemporary African resistance

Unbeknown to the Maasai, there was growing anti-colonial resistance in the same period in other parts of Africa. All these acts of resistance have inspired African activists in their continuing struggles. To mention a few: the Chilembwe rebellion in Nyasaland, now Malawi (1915); the Herero revolt in German South West Africa, now Namibia (1904–1908); resistance in present-day Kenya by Mekatilili wa Menza (largely 1913-14); the First Chimurenga or First War of Independence in what is now Zimbabwe (1896–1897); and the Maji Maji rebellion in German East Africa, now Tanzania (1905–1907). But none of these rebellions involved lawsuits. The closest precedent may have been R vs Earl of Crewe, Ex-parte Sekgoma in 1910. Chief Sekgoma, who had been jailed by the British in the Bechuanaland Protectorate (now Botswana) after many attempts to remove him as chief, instructed his lawyer to bring a writ of habeus corpus against the Secretary of State for the Colonies, Lord Crewe. He demanded to be tried in an English court, refusing an offer of release on condition that he agrees to live in a restricted area of the Transvaal. The suit was dismissed, the court ruling that the King had unfettered jurisdiction in a protectorate, and his right to detain Sekgoma was upheld. Sekgoma apparently said: “I would rather be killed than go to the Transvaal. I will not go because I have committed no crime – I wish to have my case tried before the courts in England or else be killed.” Freed in 1912, he died two years later.

Enduring myths

The case, and other key events in early twentieth century Maasai history, have given rise to several myths. They include the idea that the stolen land should “revert” to the Maasai after 100 years, but that was not stated in the 1904 Agreement, which was not limited in time, was not a land lease, and has not “expired” as many people claim. Neither agreement has. Keen knew this, but nonetheless called for the land to “revert”. Other myths include the idea that Olonana’s thumbprint was placed on the 1911 Agreement posthumously, and it must therefore be invalid. But neither his thumbprint nor name are on the document, which was “signed” by his son Seggi. Anyhow, Olonana was a key ally of the British, who had no reason to kill him (which is another myth).

The original of the 1904 Agreement has never been found, which has led some Maasai to believe that it never existed and therefore all the land must be restored and compensation paid for its use to date. There may be sound legal arguments for restorative justice, but this is not one of them. These myths are ahistorical and unhelpful, but may be understood as attempts to rationalise and make sense of what happened. Some activists may wish that the Maasai had resisted violently, rather than taken the legal route. Hence the insistence by some that there was a seamless history of armed resistance from the start of colonial rule. Not true. There are much better arguments to be made, by professional lawyers with an understanding of international treaty rights and aboriginal title, which could possibly produce results.

Ole Gilisho had planned to sail to England to appeal to the Privy Council, but he was threatened with drowning at sea.

Where does all this leave the Maasai today? Over the years, there has been much talk of revisiting the case and bringing a claim against Britain (or Kenya) for the return of land or reparations for its loss. None of this has resulted in concrete action. I attended a planning workshop in Nairobi in 2006 when plans were laid for a lawsuit. VIPs present included the late Ole Ntimama, scholar Ben Kantai and John Keen. Keen declared, with his customary flourish, that he would stump up a million shillings to get the ball rolling. I don’t know how much money was raised in total, but it disappeared into thin air. As did the lawyers.

Leading lawyers have advised that too much time has passed, and (unlike the successful Mau Mau veterans’ suit) there are no living witnesses who could give evidence in court. It is unclear whether the agreements still have any legal validity. The British government might argue, as it previously has, including in response to my questions, that it handed over all responsibility for its pre-1963 actions to the Kenyan government at independence. This is a ludicrous argument, which is also morally wrong. Former colonial powers such as Germany have accepted responsibility for historical injustices in their former colonies, notably Namibia. Has the time come for Ole Gilisho’s descendants to call a white man to court?

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Politics

Who Is Hustling Who?

In Kenya, political elites across the spectrum are trying to sell off the country for themselves—capitulation is inevitable.

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Who Is Hustling Who?
Photo: bennett tobias on Unsplash.
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There should be no doubt that Kenya is in an intractable economic crisis. Filling up gas for a drive from Nairobi to my hometown in Limuru cost 10,000 ksh (about USD70). As a result of the high gas costs prices for everything else have gone up, including public transportation. And those who cannot hike up operating costs, such as the hordes of boda boda motorcycle taxis, are hardly making anything or operating at a loss.Tax hikes mean those who are employed are taking less money home. And no point in kidding ourselves, in a corrupt country some of that money being generated from the higher taxes is going to the politicians. As will the promised 1 billion USD loan from the IMF on whose behest the new austerity measures are being implemented. It is a form of madness to think that a corrupt government will only steal money generated by taxes and do public good with the IMF loan. In short, in a country where close to half the population lives on less than USD2 a day, Kenya is simply unaffordable and the promise of relief is a lie—certainly a convenient lie for the government and IMF officials but a devastating one for Kenya’s majority poor.

My drive to Limuru happened on the first Wednesday (July 19) of the protests. Everything was eerily quiet, Nairobi, renowned for its traffic jams, was quiet. Matatus and buses were parked in their hubs. Shops and stalls were closed. Even the hawkers that dot the roads and highways stayed home. Save for the heavy police presence everywhere, it felt like the country had come to a standstill.

We got to Kangemi shortly after the police had shot and wounded two protestors—the road was strewn with stones and armed riot police huddled by the side of the road waiting for the next wave of attacks that never came. In the end, six people would be shot to death throughout the country, and countless were injured and arrested. Coming from the US, where police arrest protestors and shoot black people, there were no surprises here. The US can hardly be the standard of good policing or democratic practices, but the lives lost simply for asking the government to center the people in its economic planning seemed especially cruel.

But it was the emptiness of the roads that made the whole drive eerie. Perhaps I was refracting what was happening in Kenya through what followed the 1982 coup in which 240 people were killed; or the ethnic clashes of the 1990s that culminated in the 2007 post-election violence. Yet, there was a general agreement among people that there was something different about the Kenya of today—that something was already broken and the nightmares to come were slowly but surely revealing themselves—like a bus carrying passengers and the driver realizing the brakes were out just as it was about to descend a steep hill.

Voting with the middle finger

But all this was predictable. President Ruto has been a known quantity since the 1990s when he led the violent Moi youth wingers. He and his running mate and later president, Uhuru Kenyatta, were brought in front of the ICC to face charges of crimes against humanity following the post-election violence in 2007. Some key witnesses disappeared and others were intimidated into silence. Who in their right mind gives evidence against those in control of the state? The ICC was already discredited as being Western-crimes-against-humanity friendly (the US has never been a signatory rightly afraid its former presidents, such as George Bush, would be hauled before the court). The ICC eventually withdrew the case in March 2015.

I kept asking everyone I met, why was Ruto voted in spite of his history? The answers varied: He rigged the elections; he did not rig and if he did, he only managed to be better at it than Raila Odinga; he appealed to the youth with the idea of building a hustler nation (what a telling term); the Kikuyus have vowed never to have a Luo president and therefore opted for Ruto who is Kalenjin as opposed to Odinga who is Luo.

I sat with older Kikuyu men in the little Nyama Choma spot in Limuru Market and they talked about a generational divide between the Kikuyu and youth (Ruto) and the elderly Kikuyus (Odinga). But the one I heard over and over again was that Kenyans are tired of the Kenyatta and Odinga political dynasties. As one Trump supporter was to say, they voted for him with the middle finger. And so, the Kenyans who voted for Ruto were giving a middle finger to the Kenyatta, Moi and Odinga political dynasties. But no one had really expected buyer’s remorse to kick in one year into the Ruto presidency.

I also asked about Odinga’s protests: what was the end game? One theory is that he was looking at power-sharing, having done it once before, following the 2007 elections. In our shorthand political language, he was looking for another handshake. Some said the people have a right to protest their government, and he is simply asking the government to repeal the tax hikes and reinstate the fuel subsidies. Others believed that he wants to be a genuine and useful voice of opposition for the good of the country and its poor.

My own theory is that he is attempting a people-powered, centered, democratic, and largely peaceful takeover—where people take to the streets to overthrow an unpopular government. We saw this in Latin America in the 2000s. In response to Odinga’s absence during the three days of protests (he was sick), some leaders in his Azimio party have started using this language. The only problem with this strategy is that the sitting government has to be wildly unpopular. Ruto still has a lot of support, meaning that he does not have to compromise or give up power. It was to my mind turning into a stalemate and I was worried that the state would respond with more state-sponsored violence.

But real economics broke the stalemate. In a country where people are barely surviving and the majority are poor without savings to rely on, or relatives to reach out to for help, the hawkers, small stall and shop owners simply went back to work. In other words, those that would have been hurt the most by three days of protests (a day at home literally means a day without food for the family) simply went back to work, and the matatus and buses hummed back to life, slowly on Thursday and full throttle by Friday.

Saturday around Westlands might as well have been as busy as a Monday as people overcompensated for lost time to either sell or shop. If the protests were going to succeed the opposition (composed of some of the wealthiest families in Kenya, including Odinga’s) really should have thought about how best to protect those who would be the most affected. They should find legal and innovative ways to put their money where their political mouths are.

Cuba as Kenya’s north star

Odinga had to change tactics and called for a day of protest against police violence instead of three-day weekly protests in perpetuity. He is now in danger of turning into a caricature of his old revolutionary self and becoming an Al Sharpton, who instead of protesting the American government for the police killings of black people, protests the police themselves leaving the government feeling sanctimonious. Obama or Biden could weigh in, in righteous indignation without offering any real change (remember Obama’s emotional pleas over gun shootings and police shootings as if he was not the one occupying the most powerful office in the US)?

The one question that keeps eating at me is this: why is the most apparent outcome at the time a surprise later? Ruto was always going to sell off Kenya with a percentage for himself and his friends. Odinga was always going to capitulate. The end result is that the Kenyan bus will continue to careen on without brakes. So, what is to be done?

I was in Cuba earlier this year. I got a sense of the same desperation I felt in Kenya but the difference is Cubans have free access to healthcare, education, housing, and food security. They have free access to all the things that make basic survival possible. Before calling for the tax hikes and cutting fuel subsidies might it not have been more prudent to have a safety net for Kenyans? Would that not have been the most logical thing? But of course not, Ruto is acting at the behest of the IMF and big money. Ruto has learned the art of pan-African political rhetoric. Abroad he can call for a different non-US-centered economic system and castigate the French president over paternalism but at home, his politics are hustler politics.

Life in Cuba is difficult, as a result of relentless sanctions from the US,  but it is far from impossible. It remains the north star for those who understand discussions around fundamental change as the only starting point. We can have arguments about the nature of those fundamental changes, but we can all agree we should not be a country where one family, say the Kenyatta family, owns more than half a million acres of land. Or where, as Oxfam reported, four individuals hold more wealth than that held by 22 million Kenyans. The kind of politics that begin with a necessity for fundamental change will obviously not come from Ruto.

But one hopes it can still come from the Odinga camp.  Or even better, from a genuinely progressive people-powered movement that has inbuilt questions of fundamental change in its political, economic, and cultural platform.

In spite of the empty roads, Limuru Market was thriving and Wakari Bar kept its reputation as one of the best places for Nyama Choma and for lively political conversations. People are paying attention, after all, it is their lives and livelihoods on the line. Politicians, especially those in the opposition and the political left should listen as well.

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

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