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Game of Thrones: Will William Samoei Ruto Ascend to the Presidency in 2022?

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As the battle of 2022 politics reaches its crescendo it seems that the Kenyatta II succession is unfolding in the mould of the Kenyatta I succession. Is history repeating itself? Will William Samoei Ruto, like Daniel arap Moi, ascend to the presidency? By AKOKO AKECH

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Game of Thrones: Will William Samoei Ruto Ascend to the Presidency in 2022?
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David Murathe’s cameo appearance in the drama of the Kenyatta II debates seems to have provoked many questions about the Uhuru Kenyatta succession: Is the Kenyatta II succession unfolding in the mould of the Kenyatta I succession? Is history repeating itself? Will William Samoei Ruto, like Daniel arap Moi, ascend to the presidency, either in spite or because of opposition to his ambition by a cross-section of the Gikuyu elite? Does Ruto have a historic date with destiny, one that has all the marks of Moi’s tribulations, and complete with a happy ending? And what will Ruto do if the Kenyatta II courtiers were to force a crown of thorns on his head instead?

Intrigued by Murathe’s declaration of a multi-pronged war against William Ruto’s ascension to the presidency, one might be tempted to quickly dust off Joseph Karimi and Philip Ochieng’s 1980s’ potboiler, The Kenyatta Succession, which details the machinations of a cross-section of the Jomo Kenyatta era chauvinistic Gikuyu elite’s opposition to Moi’s ascension to the presidency.

Dusting off Karimi and Ochieng’s The Kenyatta Succession may be a good idea, despite the misgivings of both Bart Joseph Kibati and Professor Micheal Chege about the veracity of the existence of the Ngorokos as a stand-by assassination squad under the command of some of the then Nakuru-based powerful Gikuyu civil servants opposed to Moi becoming the second president of Kenya.

Still, the current presidential succession battle retains some of the complicated dynastic plots of the Kenyatta Succession: the heady State House courtiers’ cocktail of conspiracies, intrigues, jealousy, greed, ambition, betrayal, revenge, back-stabbing, murder, and the spectre of all-consuming political violence. Like Moi, Ruto is viewed by the ethnic chauvinists either as a temporary guest or a gatecrasher in the presidential succession party.

@HistoryKE, a history buff, who runs an online museum of Kenya’s colonial and post-independence history, posted some facts about the 1976 Change-the-Constitution movement’s rally in Nakuru. At this historic rally, some of the most rabid of the Gikuyu, Embu and Meru Association (GEMA) ethnic chauvinists, MPs and cabinet ministers, such as Kihika Kimani, Njoroge Mungai, Njenga Karume and a few of their allies from other ethnic communities, held a historic rally to openly ratchet up their opposition against the then Vice President Moi’s constitutional ascension to power in the event of the death of Jomo Kenyatta, the then sitting president.

Still, the current presidential succession battle retains some of the complicated dynastic plots of the Kenyatta Succession: the heady State House courtiers’ cocktail of conspiracies, intrigues, jealousy, greed, ambition, betrayal, revenge, back-stabbing, murder, and the spectre of all-consuming political violence. Like Moi, Ruto is viewed by the ethnic chauvinists either as a temporary guest or a gatecrasher in the presidential succession party.

The tweets drew varied responses. One Kioko@Done_Dusted retorted, in part, “Give us a break with your Ruto obsessions subtly disguised as history…”, to which @HistoryKE responded, “Sir. Please re-read my article and stop seeing shadows behind every bush,” a response that seems rather evasive about @HistoryKE intentions. The tweet seemed to speak so eloquently to the present political debates, which had been provoked by Murathe’s no-holds-barred attack on Ruto, who was assumed to be the undisputed Jubilee Party’s flag-bearer for the next presidential election, and the successor to Uhuru Kenyatta.

It’s tempting to draw parallels between the Kenyatta I and the Kenyatta II successions, especially after Murathe’s cameo appearance. On the surface, it looks like history is repeating itself. William Samoei Ruto, the Deputy President, a Kalenjin, the constitutional heir-apparent, and an ethnic outsider, who is presumably the undisputed presidential candidate of the Jubilee Party, is waiting in the wings, only a heartbeat away from the presidency, to succeed Uhuru Kenyatta (a scion of Jomo Kenyatta, a Mugikuyu), the sitting president.

Yet William Ruto, like Daniel arap Moi in the mid-1970s, now faces “a cabal of powerful” Kenyatta II Gikuyu elite who are also contemplating a constitutional change, among other measures, to stop him from becoming Kenya’s fifth president upon the end of Uhuru Kenyatta’s constitutionally-mandated two terms as the president of Kenya, barring any constitutional amendment.

Will William “the Czar of Sugoi” Ruto, as @JerotichSeii calls him – he of humble peasantry background, chicken-hawking-by-the-railway-crossing origins, and able hatchet man for various Kenyan political dynasties – having waited in the wings for ten years, finally turn the tables on his past masters, and alas, be ensconced in the bosom of Kenya’s state power, the presidency?

Looking at the Kenyatta II succession solely through Karimi and Ochieng’s book could block one’s view of the surprises and new elements in the Kenyatta II succession. The Kenyatta II succession has got the makings of a rollercoaster of a political drama, unfolding as a great Greek tragedy, with Ruto cast as the tragic hero who is tone deaf to the chorus of civil society human rights and democracy pleas.

The Kenyatta II succession might be couched as a democratic contest, complete with a referendum, but it will be anything but democratic; it will be a struggle, styled as constitutional and democratic, but lacking the substance of either. It’s a succession defined more by the character of the protagonist, chance, conspiracies, intrigues of a palace coup and the risk of political violence.

Moi’s lucky break

If Jomo Kenyatta’s second stroke in 1968, as Charles Hornsby tells us, had sent him into the mythical world of Weru wa Mukaaga, as the former Governor of the Central Bank of Kenya, Duncan Ndegwa, recalls, then perhaps his ailing heart dictated the frequency and pace of the Kenyatta I succession. With hindsight, it seems, the Kenyatta I courtiers, with an ear to Kenyatta’s failing health, were in panic mode, which landed a bullet in Tom Mboya’s heart in 1969, and in J.M. Kariuki’s body in 1975, eliminating the most credible threats to their dream of succeeding Kenyatta. Only Daniel arap Moi, the constitutional heir-apparent, was left standing between them and the presidency by 1976.

But, as Daniel Kalinaki points out, the controversial visit of Dr. Christian Bernard, a leading apartheid era South African cardiologist, threw spanners into the works. His visit sent the elite Gikuyu chauvinists’ song of Change-the-Constitution chorus to a crescendo in 1976. Daniel Kalinaki writes that Dr. Bernard examined Jomo Kenyatta and returned a not-so-clean bill of health. At a dinner held in his honour, he told the Kenyatta I courtiers that “Mzee had two years, tops, to live.”

If Jomo Kenyatta’s second stroke in 1968, as Charles Hornsby tells us, had sent him into the mythical world of Weru wa Mukaaga, as the former Governor of the Central Bank of Kenya, Duncan Ndegwa, recalls, then perhaps his ailing heart dictated the frequency and pace of the Kenyatta I succession. With hindsight, it seems, the Kenyatta I courtiers, with an ear to Kenyatta’s failing health, were in panic mode…

Stopping Moi’s ascension to the presidency then became even more urgent. But unlike the charming and charismatic Tom Mboya and J.M. Kariuki, Moi was lucky. Several times lucky. The Kenyatta I era Gikuyu courtiers were divided. Moi’s character flaws, too, worked in his favour. Where charm, flamboyance and charisma brought Mboya and J.M. squarely within the cross hairs of the regime’s assassins, colourlessness kept Moi safe. Moi was variously thought of as stoic, humble, naïve, uneducated, gullible, and overawed by the settlers, Jomo Kenyatta and state power generally. He was just “a passing cloud” while the State House courtiers searched for a worthy successor to the king.

However, they had underestimated Moi, who got the support of some of the most feared and effective members of Kenyatta’s kitchen cabinet, the unelected deep state civilian servant types, who were strategically placed in the security, provincial administration and the Attorney General’s office. His humble character earned him the sympathy of some of the most powerful men in Jomo Kenyatta’s kitchen cabinet, civil service, and cabinet, men such as Charles Njonjo, the Attorney General, Geoffrey Kariithi, the head of the civil service, Charles Nyachae, the Provincial Commissioner of Central Province, and Eluid Mahihu, the Provincial Commissioner of Coast Province, men who, perhaps, thought that they could take advantage of his presidency or easily overthrow him. These men were more than effective counterweights to their rabidly ethnic counterparts in Nakuru, who included James Mungai, Isaiah Mathenge, Arthur Nganga Njuguna Ndoro, George Karanu, and Kim Gatende, the men, who Bart Mugo tells us, had no respect for Moi, and “gave Moi sleepless nights” when he was the vice president. As Charles Hornsby points out, Moi was also lucky that Jomo Kenyatta died in his ally’s fiefdom, Eluid Mahihu’s Mombasa, and not Isaiah Mathenge’s Nakuru.

What’s more, the ailing president, who treasured large landholdings, having exported Central Kenya’s land crises mostly to the Rift Valley, seemed to have seen in Moi a worthy successor, a man who not only facilitated his government’s export of the Central Kenyan land problem to the Rift Valley against a strong regional opposition from his rivals, such as Jean Marie Seroney, but one who could also secure his legacy and landholdings – because Moi also had substantial landholdings.

Duncan Ndegwa says that Jomo Kenyatta, speaking in riddles, asked Kihika Kimani, a leading proponent of the 1976 Change-the-Constitution Movement, to think about a situation in which a dying man wants to pass on his herds of cattle. “Would he hand over his herd to a man who has his own or to a man who has none? This man you fear will, in fact, take care of the herd while minding his own. You want to hand over the stewardship of your land to a man who has no land? He will say, ‘Those lands owned by these people are too large. Let us give them away.’”

Ruto: Not quite Moi

However, Ruto, it seems, is everything but what Moi was at the height of the Kenyatta I succession. Unlike Moi, the legends, true or false, about Ruto’s rise within Kenya’s politics cast him as a megalomaniac, a ruthless, arrogant, condescending, diabolical, acquisitive, vindictive, and hardly ever magnanimous character in victory. Ask Reuben Chesire, the late former MP for Eldoret North, his onetime allies such as Raila Odinga or his namesake, Isaac, the former Governor of Bomet, and the whole lot of Mt Kenya leadership who lost the Jubilee 2017 nominations.

In victory, Ruto gloats. His lieutenants, like Adan Duale, gloat even more. Ruto’s angry disposition and penchant for mocking other leaders, gloating, and chest-thumping, can easily goad his nemesis into a strong coalition against his presidential bid, especially if he loses Uhuru’s support – just the kind of coalition David Murathe proposes.

If Ruto and Uhuru were joined at the hip by the International Criminal Court (ICC) dilemma (which is now water under the bridge), does the Kenyatta family’s recent acquisition spree and its consolidation of its economic hold on Kenya’s financial, media and dairy sectors be the glue that binds the two together? Can the Kenyatta family, which is now in the process of strengthening its political and economic stranglehold on Kenya, truly trust Ruto to be a good custodian of their most recent acquisitions? Does Ruto, a character who has variously been described as a wannabe king, vicious, vindictive, megalomaniac, and hardly magnanimous in victory, fit the bill of a good custodian of such wealth? Can he be trusted in this era of footloose international finance capital to not upset the apple cart? What does the trauma of the Moi presidency portend for his political ambition?

If Ruto and Uhuru were joined at the hip by the International Criminal Court (ICC) dilemma…does the Kenyatta family’s recent acquisition spree and its consolidation of its economic hold on Kenya’s financial, media and dairy sectors be the glue that binds the two together? Can the Kenyatta family, which is now in the process of strengthening its political and economic stranglehold on Kenya, truly trust Ruto to be a good custodian of their most recent acquisitions?

It’s hard to tell what type of deep state support Ruto enjoys. But in the dust-up between the pro-Ruto Tanga Tanga group and the anti-Ruto Kieleweke group, we got a glimpse of what a piqued Ruto might do and where sympathies for his presidency presently lie in Central Kenya and the Rift Valley. Unlike Moi, he did not turn the other cheek for the legendary James Mungai or Isaiah Mathenge’s political slap. He hit right back and hard through some of the most rabid Gikuyu and Kalenjin ethnic chauvinists, who are probably a retinue of elected politicians on weekly or monthly retainers, more driven by the convenience of cash rather than conviction.

In the Kenyatta I succession, Charles Njonjo, speaking in a Hobbesian dialect, astutely put an end to the debate by invoking the law on high treason: “It is a criminal offence for any person to encompass, imagine, devise or intend the death or disposition of the president.”

In contrast, the heads that bobbed out in defence of William Ruto, including elected leaders such as Moses Kuria, Kimani Ngunjiri, and Oscar Sudi, spewed out some of the ugliest, most nauseating, and inflammatory political rhetoric. (It is worth noting that not a single hawkers’ association chairperson came out in Ruto’s defence.)

Oscar Sudi, one of many intellectual Lilliputians in Ruto’s orbit, has admitted that Jubilee is a two-ethnic-group racket, with a few non-Kalenjin and non-Gikuyu tokens thrown in to lend the Jubilee elite a veneer of national inclusivity, the mythical face of Kenya. The anti-Uhuru rhetoric on the failure of the Jubilee government to develop Central Kenya energised Ruto’s base, but it also galvanised Central Kenya’s opposition to Ruto’s lieutenants. It saw the return of leaders like Peter Kenneth and Martha Karua into the fray.

Ruto’s patronage network in Central Kenya is thus being tested. It seems to rest with some of the vilest elected ethnic chauvinists of questionable political clout or those who can’t stand their ground. If Ruto’s sympathisers are the rent-weekly or rent-monthly political types, then Uhuru Kenyatta’s selective war on corruption, which Ruto’s legal adviser laments, and the termination of some of the lucrative contracts between companies owned by Ruto and the Government of Kenya, such as the Kenya police housing, could easily downgrade Ruto’s patronage capacity, that is, his ability to rent and resist.

The question remains on how State House courtiers will treat the Rift Valley question. Will they see it as a political problem or a security problem, or both? If push comes to shove, will Ruto, like Moi in the 1990s, drive a Faustian bargain: State power or slaughter and eviction and dispossession of non-Kalenjin farmhands, peasants and small traders, especially the Agikuyu in the Rift Valley? Will he, like Moi, rage, and rage, and extract his fair share of political and economic pound of flesh if he ascends to the presidency against all odds?

Or, in defeat, will he, like Raila Odinga, mourn, forgive, and find friendship at last? Does Ruto represent the sum of all the fears of the political dynasties in Kenya? What does the spoken and the unspoken trauma of the Moi presidency, especially among a cross-section of the Gikuyu elite, portend for Ruto’s presidency?

Pedigree and dynastic politics

Kenya’s dynastic politics of self-preservation might have renounced some unsavoury political tricks of the Kenyatta I succession, such as the assassination of political competitors, but it hasn’t renounced the advantages of evil, the dirty and devious tricks, of seizing state power, securing economic interests, and dynastic longevity. The Ngorokos may well be phantoms of Moi’s propaganda machinery, but since the days of James Mungai, presidential elections have greatly been defined by Kenya’s lack of effective democratic control of the security forces and strategic roles of militias.

Certainly, Ruto has a date with history. But his biggest stumbling block to the State House is neither the Gikuyu elite, who have reneged on the promise to coronate him as the fifth president of the Republic of Kenya, nor the sudden vapourisation of the much-touted Jubilee Party’s stellar development record in Central Kenya, which in the heat of the first round of the debates on the Kenyatta II succession, seems to vapourised, like ethanol, into thin air. Rather, Ruto is caught in the strong cross-currents of the political dynasties he’s excelled in manipulating and through which he has amassed a fortune and built a war chest while undermining democracy and human rights.

The biggest hurdle in Ruto’s race to State House, is, to say it pithily, in the words of the late Job Omino, the MP for Kisumu Town: “Dr. Ruto is all degree(s), no pedigree.” Historically, he’s not a biological son of any of the dynasties of Kenya’s politics, and he hasn’t any traction with the struggle for liberal or social democracy.

Ruto has neither the pedigree of Kenya’s dynastic politics nor the credibility and gravitas of those who participated in Kenya’s struggle for democracy, human rights and transitional justice. As David Ndii once pointed out, together with Uhuru Kenyatta, he missed the democratic lessons of the 1990s. He’s caught in the twirling currents of these political forces in a vortex of opposed political forces now shaping his destiny.

Yet he seems to think he can beat the dynasties in their game by faking an ordinary citizen’s credentials or feigning a new-found affection for the common mwananchi, posturing as their leader, and winning either the party ticket or the presidency without a credible, free, fair and democratic system in place. As @JuliuMmasi’s tweets suggest, Ruto has been an astute student and co-builder of the three leading Kenyan political dynasties: the Moi, the Odinga and the Kenyatta. But he now decries these dynasties as the stumbling block to his quest for presidency. If the Moi, Kenyatta and Odinga are dynasties, all defined by similarities and no differences, then charitably, Ruto can only be a stepson, or worse, a son who’s twice removed from the State House patrimony – not an heir-apparent, but an heir-presumptive who represents the sum of the worst fears of all these dynasties.

As a fresh graduate and a member of the venal youth movement, Youth for KANU (YK92), Ruto fought against multiparty political reforms in the 1990s. In 2002, as a minister in Moi’s government, he notably supported Moi’s bid to enthrone Uhuru Kenyatta as the third president of Kenya. In 2007, he reluctantly supported Raila Odinga’s bid for the presidency, bending more towards the pro-Orange Democratic Movement (ODM) regional political pressure in the Rift Valley than towards a confidence in Raila’s leadership. He promptly bolted out of ODM in the wake of the maize import scandal, and in 2010 led the NO-Campaign against the current constitution.

More recently, he’s firmly been in Uhuru Kenyatta’s corner in a joint desire to sabotage the ICC cases of crimes against humanity against them. He has run a mostly male-dominated and alternately Gikuyu or Kalenjin elite-led government, fighting against justice for the victims of the 2007/8 political violence, the Truth, Justice and Reconciliation Commission (TJRC) process, free, fair and credible elections, and rolling back Kenya’s nascent democratic gains in several sectors, especially security reforms.

Development as a substitute for democracy

Ruto might be regretting the political life he’s led. He’s been working at cross-purposes, and is not about to stop. With a religious zeal, he’s championed development as a perfect substitute for liberal democracy, thinking that personal prosperity, by hook or by crook, heavy investment in nation-wide patronage networks, and a strong identification with various “development” projects across the country will generate popular support for his candidature.

Yet the Jubilee government, unlike the Chinese or the Rwandan governments, is too undisciplined and corrupt to generate popular legitimacy out of the ability to deliver services. Instead, Jubilee’s development projects have mostly been conduits for kickbacks and procurement rackets, bleeding the public coffer dry, and generating windfalls for a few rather than real economic opportunities for the multitudes of unemployed youth. Some, like the Standard Gauge Railway (SGR) have auctioned Kenya’s sovereignty, committed Kenyans to Beijing bondage, and, as the loan repayments kick in, effectively taken away Kenya’s ability to formulate a friendly tax and revenue policy for small- and medium-sized enterprises (SMEs).

In his quest for the presidency, Ruto now postures as the representative of the ordinary suffering citizens, a self-styled “hustler” who lives precariously, mostly from hand to mouth, occasionally visiting a kiosk or stopping by the roadside for a cob of roasted maize to lend his presidential bid a common citizen’s touch.

Yet the Jubilee government, unlike the Chinese or the Rwandan governments, is too undisciplined and corrupt to generate popular legitimacy out of the ability to deliver services. Instead, Jubilee’s development projects have mostly been conduits for kickbacks and procurement rackets, bleeding the public coffer dry, and generating windfalls for a few rather than real economic opportunities for the multitudes of unemployed youth.

But Ruto has never had a stake in Kenya’s social/liberal democracy or human rights game. He’s never championed the common citizen’s cause or fought against power or income inequalities. Instead, he has an unrelenting and ruthless desire to pursue state power without compassion for the ordinary citizens. He told Rift Valley farmers to grow avocados instead of maize after a cartel bolted with the Kenya Cereals and Produce Board’s national maize kitty, leaving maize farmers in his own stronghold desolate. He’s reportedly built a palace worth Sh1 billion (US$10 million) in Sugoi, where he regularly entertains delegations of mostly self-seeking leaders of various ethnic groups and holds court. Like Daniel arap Moi, he wears evangelical Christianity on his sleeves, ostensibly investing in heaven through fund-raising and various donations to the clergy, perhaps to deodorise an ever-strong whiff of sleaze that swirls around him and his close associates.

Ruto knows in his bones the pain of losing or winning the Kenyan presidential elections. Unlike the ancient Olympics, in which only the Greeks – by blood and character and bound by a code of honour, “to respect just decisions, use no fraud or guile, to secure victory” – competed for a priceless branch of wild olive, Kenya’s competition for state power knows no ethical bounds. It’s not a patriots’ game, either, and the victor’s prize is the bottomless national and transnational material spoils: Eurobonds, capture and monopolistic control of key national markets, and Chinese business kickbacks. Loots, only for keeps, if you can hold onto state power.

If the Kenyatta I succession played out as the politics of a dynasty (because Kenya was then a de facto one-party state) then the Kenyatta II succession might also play out as the politics of dynasty, in spite of Kenya’s lauded democratic reforms, and because, since 2007, the incumbents have successfully subverted the popular democratic will of the people by executing electoral coup d’états.

In 2007, Ruto was in ODM, the team that lost. Subsequently, he joined the team that has won all the disputed presidential elections since 2013. He knows too well that all the winners of the presidential election since 2007 have won, in spite of the popular vote, and not because of it. The winners of these presidential elections have approached the election as a coup d’état: state power to be seized through a conspiracy to subvert popular will, the use of deception, and control and use of strategic levers of state power, especially the security organs, the electoral commission, and the courts.

If the Kenyatta I succession played out as the politics of a dynasty (because Kenya was then a de facto one-party state) then the Kenyatta II succession might also play out as the politics of dynasty, in spite of Kenya’s lauded democratic reforms, and because, since 2007, the incumbents have successfully subverted the popular democratic will of the people by executing electoral coup d’états.

In contrast, the losers of all the presidential elections since 2007 have approached the elections as an exercise in liberal democracy. They have campaigned hard, written good manifestos, mobilised aggrieved and disaffected voters and sometimes, gone to court to seek reprieve, where they have faced non-democratic forces.

Chickens coming home to roost

Ruto’s quest for the presidency is a bid to bring down Kenya’s political dynasties. He wants to be king, an insider of sorts, taking on the dynasties in their own terrain. But he will be taking on the dynasties like a tragic hero, a hero whose character flaws and tribulations in the hands of mentors-turned- tormentors are strikingly different from those of Raila Odinga and Daniel arap Moi. But he still might generate some sympathy in various constituencies, especially if, as Dauti Kahura shows, he can deftly lay blame for the failures of the Jubilee government on Uhuru Kenyatta. Still, he’ll have a hard time turning these sympathies into popular votes.

Ruto’s chickens, it seems, are coming home to roost. In the week when the Kenyatta II succession talks were crackling, two of his legal and political advisers, Korir Sing’oei, and Kipchumba Murkomen, took to a newspaper and television, respectively, to extol some aspects of liberal democracy. Sing’oei, once a human rights activist, had a year ago, in the wake of the Jubilee government’s violation of a Kenyan’s rights – when Miguna Miguna was illegally detained, abducted, exiled and stripped of his Kenyan citizenship – argued that the government had broken no law. Now he argues that the Director of Public Prosecution’s “gung-ho and gunslinger approach” to fighting corruption smacks of abuse of public office and that it is more a pursuit of political vendetta than of justice.

Kipchumba Murkomen, Jubilee Party’s Senate Majority leader, now sees a big democratic deficit in the ruling party. It has dawned on Murkomen that internal party democracy matters and that it is better to hold regular party or parliamentary group meetings than to wait for the occasional trumpet from State House to assemble for the latest presidential edict.

Both Sing’oei and Murkomen seem to have swiveled 180 degrees – from legitimising impunity to thinking about what should be the ethical limits of state power or good democratic practice. No prize for guessing why they’ve taken the sudden shift. Since the Jubilee government’s selective prosecution of the corrupt, the boot is firmly on the other foot, William Ruto’s. And they’ve rediscovered that some salutary aspects of liberal democracy are sorely missing in Kenya’s political context and contests.

It’s a belated but heartening rediscovery. It’s heartening because William Ruto’s camp seems to have woken up and smelt the Mt Kenya coffee: only a truly liberal democratic system can sufficiently guarantee anyone and everyone a fair shot at the presidency. But presently, the ethos of the competitors for Kenya’s state power is as far removed from the ethos of the ancient Greece’s Olympics as the Czar’s of Sugoi’s multi-billion seat of power is from State House.

In the battle between the Kenyatta, Odinga, Moi, and Mudavadi dynasties, Ruto might remain the eternal outsider. Without Daniel arap Moi’s good luck and the help of highly placed Mt Kenya movers and shakers who have successfully executed several electoral coup d’états (two bloody ones in 2007 and 2017, one bloodless one in 2013 and one abortive coup on 1 September 2017), it might be easier for a camel to go through the eye of a needle than for Ruto to capture the highest political office in the land.

It will be extremely hard for Ruto to win an amoral dynastic political game, however big his election war chest is, if the contest for state power is largely defined by the dynasties’ control of state power and by a retrogressive political ethos – a political competition that brooks no internal dissident and eschews fair play in regional strongholds or at the national level, or both, and which is hell-bent on self-perpetuation.

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Akoko Akech is a graduate student at the Makerere Institute of Social Research, presently living in Kisumu.

Politics

A Dictator’s Guide: How Museveni Wins Elections and Reproduces Power in Uganda

Caricatures aside, how do President Yoweri Museveni and the National Revolutionary Movement state reproduce power? It’s been 31 years.

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Recent weeks have seen increased global media attention to Uganda following the incidents surrounding the arrest of popular musician and legislator, Bobi Wine; emblematic events that have marked the shrinking democratic space in Uganda and the growing popular struggles for political change in the country.

The spotlight is also informed by wider trends across the continent over the past few years—particularly the unanticipated fall of veteran autocrats Muammar Gaddafi in Libya, Hosni Mubarak in Egypt, Yaya Jammeh in Gambia, and most recently Robert Mugabe in Zimbabwe—which led to speculation about whether Yoweri Museveni, in power in Uganda since 1986, might be the next to exit this shrinking club of Africa’s strongmen.

Yet the Museveni state, and the immense presidential power that is its defining characteristic, has received far less attention, thus obscuring some of the issues at hand. Comprehending its dynamics requires paying attention to at-least three turning points in the National Resistance Movement’s history, which resulted in a gradual weeding-out of Museveni’s contemporaries and potential opponents from the NRM, then the mobilisation of military conflict to shore up regime legitimacy, and the policing of urban spaces to contain the increasingly frequent signals of potential revolution. Together, these dynamics crystallised presidential power in Uganda, run down key state institutions, and set the stage for the recent tensions and likely many more to come.

The purge

From the late 1990s, there has been a gradual weeding out the old guard in the NRM, which through an informal “succession queue,” had posed an internal challenge to the continuity of Museveni’s rule. It all started amidst the heated debates in the late 1990s over the reform of the then decaying Movement system; debates that pitted a younger club of reformists against an older group. The resultant split led to the exit of many critical voices from the NRM’s ranks, and began to bolster Museveni’s grip on power in a manner that was unprecedented. It also opened the lid on official corruption and the abuse of public offices.

Over the years, the purge also got rid of many political and military elites—the so-called “historicals”—many of whom shared Museveni’s sense of entitlement to political office rooted in their contribution to the 1980-1985 liberation war, and some of whom probably had an eye on his seat.

By 2005 the purge was at its peak; that year the constitutional amendment that removed presidential term limits—passed after a bribe to every legislator—saw almost all insiders that were opposed to it, summarily dismissed. As many of them joined the ranks of the opposition, Museveni’s inner circle was left with mainly sycophants whose loyalty was more hinged on patronage than anything else. Questioning the president or harboring presidential ambitions within the NRM had become tantamount to a crime.

By 2011 the process was almost complete, with the dismissal of Vice President Gilbert Bukenya, whose growing popularity among rural farmers was interpreted as a nascent presidential bid, resulting in his firing.

One man remained standing, Museveni’s long-time friend Amama Mbabazi. His friendship with Museveni had long fueled rumors that he would succeed “the big man” at some point. In 2015, however, his attempt to run against Museveni in the ruling party primaries also earned him an expulsion from both the secretary general position of the ruling party as well as the prime ministerial office.

The departure of Mbabazi marked the end of any pretensions to a succession plan within the NRM. He was unpopular, with a record tainted by corruption scandals and complicity in Museveni’s authoritarianism, but his status as a “president-in-waiting” had given the NRM at least the semblance of an institution that could survive beyond Museveni’s tenure, which his firing effectively ended.

What is left now is perhaps only the “Muhoozi project,” a supposed plan by Museveni to have his son Muhoozi Kainerugaba succeed him. Lately it has been given credence by the son’s rapid rise to commanding positions in elite sections of the Ugandan military. But with an increasingly insecure Museveni heavily reliant on familial relationships and patronage networks, even the Muhoozi project appears very unlikely. What is clear, though, is that the over time, the presidency has essentially become Museveni’s property.

Exporting peace?

Fundamental to Museveni’s personalisation of power also has been the role of military conflict, both local and regional. First was the rebellion by Joseph Kony’s Lord’s Resistance Army in northern Uganda, which over its two-decade span enabled a continuation of the military ethos of the NRM. The war’s dynamics were indeed complex, and rooted in a longer history that predated even the NRM government, but undoubtedly it provided a ready excuse for the various shades of authoritarianism that came to define Museveni’s rule.

With war ongoing in the north, any challenge to Museveni’s rule was easily constructed as a threat to the peace already secured in the rest of the country, providing an absurd logic for clamping down on political opposition. More importantly, the emergency state born of it, frequently provided a justification for the president to side-step democratic institutions and processes, while at the same time rationalising the government’s disproportionate expenditure on the military. It also fed into Museveni’s self-perception as a “freedom fighter,” buttressed the personality cult around him, and empowered him to further undermine any checks on his power.

By the late 2000s the LRA war was coming to an end—but another war had taken over its function just in time. From the early 2000s, Uganda’s participation in a regional security project in the context of the War on Terror, particularly in the Somalian conflict, rehabilitated the regime’s international image and provided cover for the narrowing political space at home, as well as facilitating a further entrenchment of Museveni’s rule.

As post-9/11 Western foreign policy began to prioritise stability over political reform, Museveni increasingly postured as the regional peacemaker, endearing himself to donors while further sweeping the calls for democratic change at home under the carpet—and earning big from it.

It is easy to overlook the impact of these military engagements, but the point is that together they accentuated the role of the military in Ugandan politics and further entrenched Museveni’s power to degrees that perhaps even the NRM’s own roots in a guerrilla movement could never have reached.

Policing protest

The expulsion of powerful elites from the ruling circles and the politicisation of military conflict had just started to cement Musevenism, when a new threat emerged on the horizon. It involved not the usual antagonists—gun-toting rebels or ruling party elites—but ordinary protesters. And they were challenging the NRM on an unfamiliar battleground—not in the jungles, but on the streets: the 2011 “Walk-to-Work” protests, rejecting the rising fuel and food prices, were unprecedented.

But there is another reason the protests constituted a new threat. For long the NRM had mastered the art of winning elections. The majority constituencies were rural, and allegedly strongholds of the regime. The electoral commission itself was largely answerable to Museveni. With rural constituencies in one hand and the electoral body in the other, the NRM could safely ignore the minority opposition-dominated urban constituencies. Electoral defeat thus never constituted a threat to the NRM, at least at parliamentary and presidential levels.

But now the protesters had turned the tables, and were challenging the regime immediately after one of its landslide victories. The streets could not be rigged. In a moment, they had shifted the locus of Ugandan politics from the rural to the urban, and from institutional to informal spaces. And they were picking lessons from a strange source: North Africa. There, where Museveni’s old friend Gaddafi, among others, was facing a sudden exit under pressure from similar struggles. Things could quickly get out of hand. A strategic response was urgent.

The regime went into overdrive. The 2011 protests were snuffed out, and from then, the policing of urban spaces became central to the logic and working of the Museveni state. Draconian laws on public assembly and free speech came into effect, enacted by a rubber-stamp parliament that was already firmly in Museveni’s hands. Police partnered with criminal gangs, notably the Boda Boda 2010, to curb what was called “public disorder”—really the official name for peaceful protest. As police’s mandate expanded to include the pursuit of regime critics, its budget ballooned, and its chief, General Kale Kayihura, became the most powerful person after Museveni—before his recent dismissal.

For a while, the regime seemed triumphant. Organising and protest became virtually impossible, as urban areas came under 24/7 surveillance. Moreover, key state institutions—the parliament, electoral commission, judiciary, military and now the police—were all in the service of the NRM, and all voices of dissent had been effectively silenced. In time, the constitution would be amended again, by the NRM-dominated house, this time to remove the presidential age limit—the last obstacle to Museveni’s life presidency—followed by a new tax on social media, to curb “gossip.” Museveni was now truly invincible. Or so it seemed.

But the dreams of “walk-to-work”—the nightmare for the Museveni state—had never really disappeared, and behind the tightly-patrolled streets always lay the simmering quest for change. That is how we arrived at the present moment, with a popstar representing the widespread aspiration for better government, and a seemingly all-powerful president suddenly struggling for legitimacy. Whatever direction the current popular struggles ultimately take, what is certain is that they are learning well from history, and are a harbinger of many more to come.

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

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The Enduring Blind Spots of America’s Africa Policy

America should move way from making the military the face of its engagement with Africa and instead invest in deepening democracy as a principled approach rather than a convenient choice.

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The Enduring Blind Spots of America's Africa Policy
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While Donald Trump’s administration completely neglected America-Africa relations, the blind spots bedeviling America’s Africa policy preceded his 2016 election. Correcting the systemic flaws of the past 30 years will require a complete rethink after the controversial President’s departure.

To remedy America’s Africa policy, President Joseph Biden’s administration should pivot away from counterterrorism to supporting democratic governance as a principal rather than as mere convenience, and cooperate with China on climate change, peace, and security on the continent.

America’s Africa policy 

America’s post-Cold War Africa policy has had three distinct and discernible phases. The first phase was an expansionist outlook undergirded by humanitarian intervention. The second was nonintervention, a stance triggered by the experience of the first phase. The third is the use of “smart” military interventions using military allies.  

The turning point for the first phase was in 1989 when a victorious America pursued an expansive foreign policy approach predicated on humanitarian intervention. Somalia became the first African test case of this policy when, in 1992, America sent almost 30,000 troops to support Operation Restore Hope’s humanitarian mission which took place against the background of the collapse of the Somalia government in 1991.

On 3-4 October 1993, during the Battle of Mogadishu, 18 US servicemen were killed in a fight with warlords who controlled Mogadishu then, and the bodies of the marines dragged through the streets of Mogadishu. The media coverage increased pressure on the politicians and six months later America withdrew from Somalia — a case of the New World Order meeting the harsh reality of civil conflict.

The chastening experience resulted in America scaling back its involvement in internal conflicts in far-flung places. The result was the emergence of the second phase — non-engagement when Rwanda’s Genocide erupted in 1994 and almost a million people died in 100 days revealed the limitations of over-correcting the Somalia experience. This “non-interference” phase lasted until the twin Nairobi and Dar es Salaam US embassy bombings by Al Qaeda in 1998.

This gave way to the third phase with the realisation that the new threat to America was no longer primarily from state actors, but from transnational non-state actors using failing states as safe havens. The 2002 National Security Strategy states: “the events of September 11, 2001, taught us that weak states . . . can pose as a great danger to our national interests as strong states.”

Counterterrorism training and equipping of African militaries is the central plank of this new security policy. As a result, counterterrorism funding has skyrocketed as has America’s military footprint in Africa. As a result, Africa has become the theatre in which the Global forever War on Terror is fought.

The counterterrorism traps 

The reflexive reaction to the events of September 11 2001 spawned an interlocking web of covert and overt military and non-military operations. These efforts, initially deemed necessary and temporary, have since morphed into a self-sustaining system complete with agencies, institutions and a specialised lingo that pervades every realm of America’s engagement with Africa.

The United States Africa Command (Africom) is the vehicle of America’s engagement with the continent. Counterterrorism blurred the line between security, development, and humanitarian assistance with a host of implications including unrelenting militarisation which America’s policy establishment embraced uncritically as the sine qua non of America’s diplomacy, their obvious flaws notwithstanding. The securitisation of problems became self-fulfilling and self-sustaining.

The embrace of counterterrorism could not have come at a worse time for Africa’s efforts at democratization. In many African countries, political and military elites have now developed a predictable rule-based compact governing accession to power via elections rather than the coups of the past.

“Smart” African leaders exploited the securitised approach in two main ways: closing the political space and criminalising dissent as “terrorism” and as a source of free money. In Ethiopia, Yonatan Tesfaye, a former spokesman of the Semayawi (Blue) Party, was detained in December 2015 on charges under Article 4 of Ethiopia’s Anti-Terrorism Proclamation ((EATP), arguably one of the the country’s most severe pieces of legislation. But Ethiopia has received millions of dollars from the United States.

The Department of Defense hardly says anything in public but gives out plenty of money without asking questions about human rights and good governance. Being a counterterrorism hub has become insurance policy against any form of criticism regardless of state malfeasance.

Egypt is one such hub. According to the Congressional Research Service, for the 2021 financial year, the Trump Administration has requested a total of US$1.4 billion in bilateral assistance for Egypt, which Congress approved in 2018 and 2019. Nearly all US funding for Egypt comes from the Foreign Military Finance (FMF) account and is in turn used to purchase military equipment of US origin, spare parts, training, and maintenance from US firms.

Another country that is a counterterrorism hub in the Horn of Africa is Ethiopia. For the few months they were in charge, the Union of Islamic Courts (ICU) brought order and stability to the country.  Although they were linked to only a few of Mogadishu’s local courts, on 24 December 2006, Ethiopia’s military intervened in Somalia to contain the rise of Al Shabaab’s political and military influence.

The ouster of the ICU by Ethiopia aggravated the deep historical enmity between Somalia and Ethiopia, something Al Shabaab — initially the youth wing of the ICU — subsequently exploited through a mix of Somali nationalism, Islamist ideology, and Western anti-imperialism. Al Shabaab presented themselves as the vanguard against Ethiopia and other external aggressors, providing the group with an opportunity to translate their rhetoric into action.

Ethiopia’s intervention in Somalia could not have taken place without America’s blessing. The intervention took place three weeks after General John Abizaid, the commander of US forces from the Middle East to Afghanistan, met with the then Ethiopian Prime Minister Meles Zenawi.  The intervention generated a vicious self-sustaining loop. Ethiopians are in Somalia because of Al Shabaab, and Al Shabaab says they will continue fighting as long as foreign troops are inside Somalia.

America has rewarded Ethiopia handsomely for its role as the Horn of Africa’s policeman. In both Ethiopia’s and Egypt’s case, on the score of human rights and good governance, the net losers are the citizens.

Drone attacks 

In keeping with the War on Terror being for forever, and despite departing Somalia in 1993, America outsourced a massive chunk of the fight against Al Shabaab to Ethiopia primarily, and later, to AMISOM. America is still engaged in Somalia where it has approximately 800 troops, including special forces that help train Somalia’s army to fight against Al Shabaab.

America carried out its first drone strike in Somalia in 2011 during President Barack Obama’s tenure. Under the Trump administration, however, the US has dramatically increased the frequency of drone attacks and loosened the oversight required to approve strike targets in Somalia. In March 2017, President Trump secretly designated parts of Somalia “areas of active hostilities”, meaning that the high-level inter-agency vetting of proposed strikes and the need to demonstrate with near certainty that civilians would not be injured or killed no longer applied. Last year, the US acknowledged conducting 63 airstrikes in the country, and in late August last year, the US admitted that it had carried out 46 strikes in 2020.

A lack of transparency regarding civilian casualties and the absence of empirical evidence that the strikes lead to a reduction in terrorism in Somalia suggest that expanding to Kenya would be ill-advised. The US has only acknowledged having caused civilian casualties in Somalia three times. Between 2016 and 2019, AFRICOM failed to conduct a single interview with civilian witnesses of its airstrikes in Somalia.

Despite this level of engagement, defeating Al Shabaab remains a remote possibility.

Containing the Chinese takeover 

The Trump Administration did not have an Africa policy. The closest approximation of a policy during Trump’s tenure was stated in a speech delivered by John Bolton at a Conservative think tank decrying  China’s nefarious activities in Africa.  Even with a policy, where the counterterrorism framework views Africa as a problem to be solved by military means, the containing China policy views African countries as lacking the agency to act in their own interests. The problem with this argument is that it is patronising; Africans cannot decide what is right for them.

Over the last decades, while America was busy creating the interlocking counterterrorism infrastructure in Africa, China was building large-scale infrastructure across the continent. Where America sees Africa as a problem to be solved, China sees Africa as an opportunity to be seized.

Almost two years into the Trump administration, there were no US ambassadors deployed in 20 of Africa’s 54 countries even while America was maintaining a network of 29 military bases.  By comparison China, has 50 embassies spread across Africa.

For three consecutive years America’s administration has proposed deep and disproportionate cuts to diplomacy and development while China has doubled its foreign affairs budget since 2011. In 2018, China increased its funding for diplomacy by nearly 16 per cent and its funding for foreign aid by almost 7 per cent.

As a show of how engagement with Africa is low on the list of US priorities, Trump appointed a luxury handbag designer as America’s ambassador to South Africa on 14 November 2018. Kenya’s ambassador is a political appointee who, when he is not sparring with Kenyans on Twitter, is supporting a discredited coal mining project.

The US anti-China arguments emphasize that China does not believe in human rights and good governance, and that China’s funding of large infrastructure projects is essentially debt-trap diplomacy. The anti-China rhetoric coming from American officials is not driven by altruism but by the realisation that they have fallen behind China in Africa.

By the middle of this century Africa’s population is expected to double to roughly two billion. Nigeria will become the second most populous country globally by 2100, behind only India. The 24-country African Continental Free Trade Agreement (AfCFTA) entered into force on 30 May 2019. AfCFTA will ultimately bring together all 55 member states of the African Union covering a market of more than 1.2 billion people — including a growing middle class — and a combined gross domestic product (GDP) of more than US$3.4 trillion.

While Chinese infrastructure projects grab the headlines, China has moved into diversifying its engagement with Africa. The country has increased its investments in Africa by more than 520 per cent over the last 15 years, surpassing the US as the largest trading partner for Africa in 2009 and becoming the top exporter to 19 out of 48 countries in sub-Saharan Africa.

Some of the legacy Chinese investments have come at a steep environmental price and with an unsustainable debt. Kenya’s Standard Gauge Railway is bleeding money and is economically unviable.

A fresh start

Supporting democratic governance and learning to cooperate with China are two areas that will make America part of Africa’s future rather than its past.

America should pivot way from making the military the most visible face of its engagement with Africa and instead invest in deepening democracy as a principled approach rather than a convenient choice.

Despite the elegy about its retreat in Africa, democracy enjoys tremendous support. According to an Afro barometer poll, almost 70 per cent of Africans say democracy is their preferred form of government. Large majorities also reject alternative authoritarian regimes such as presidential dictatorships, military rule, and one-party governments. Democracy, while still fledgling, remains a positive trend; since 2015, there have been 34 peaceful transfers of power.

However, such positive metrics go hand in hand with a worrying inclination by presidents to change constitutions to extend their terms in office. Since 2015, leaders of 13 countries have evaded or overseen the weakening of term limit restrictions that had been in place. Democracy might be less sexy, but ignoring it is perilous. There are no apps or switches to flip to arrest this slide. It requires hard work that America is well equipped to support but has chosen not to in a range of countries in recent years There is a difference between interfering in the internal affairs of a country and complete abdication or (in some cases) supporting leaders who engage in activities that are inimical to deepening democracy.

The damage wrought by the Trump presidency and neo-liberal counterterrorism policies will take time to undo, but symbolic efforts can go a long way to bridging the gap.

America must also contend with China being an indispensable player in Africa and learn to cooperate rather than compete in order to achieve optimal outcomes.

China has 2,458 military and police personnel serving in eight missions around the globe, far more than the combined contribution of personnel by the other four permanent members of the UN Security Council, Russia, the US, France and Britain. China had more than 2,400 Chinese troops take part in seven UN peacekeeping missions across the continent — most notably in Mali and South Sudan. Of the 14 current UN peacekeeping missions, seven are in Africa, consuming two-thirds of the budget.

Climate change and conflict resolution provide opportunities for cooperation. Disproportionate reliance on rain-fed agriculture and low adaptation to the adverse impact of climate change make Africa vulnerable to the damaging effects of climate change, the consequences of which will transcend Africa. Through a combination of research, development, technological transfer and multilateral investment, America and China could stave off the impact of climate change in Africa.

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Hijacking Kenya’s Health Spending: Companies Linked to Powerful MP Received Suspicious Procurement Contracts

Two obscure companies linked to Kitui South MP Rachael Kaki Nyamai were paid at least KSh24.2 million to deliver medical supplies under single-source agreements at the time the MP was chair of the National Assembly’s Health Committee.

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Hijacking Kenya’s Health Spending: Companies Linked to Powerful MP Received Suspicious Procurement Contracts
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Two obscure companies linked to Kitui South MP Rachael Kaki Nyamai were paid at least KSh24.2 million to deliver medical supplies under single-source agreements at the time the MP was chair of the National Assembly’s Health Committee, an investigation by Africa Uncensored and The Elephant has uncovered.

One of the companies was also awarded a mysterious Ksh 4.3 billion agreement to supply 8 million bottles of hand sanitizer, according to the government’s procurement system.

The contracts were awarded in 2015 as authorities moved to contain the threat from the Ebola outbreak that was ravaging West Africa and threatening to spread across the continent as well as from flooding related to the El-Nino weather phenomenon.

The investigation found that between 2014 and 2016, the Ministry of Health handed out hundreds of questionable non-compete tenders related to impending disasters, with a total value of KSh176 billion including three no-bid contracts to two firms, Tira Southshore Holdings Limited and Ameken Minewest Company Limited, linked to Mrs Nyamai, whose committee oversaw the ministry’s funding – a clear conflict of interest.

Number of Suppliers Allocated BPAAlthough authorities have since scrutinized some of the suspicious contracts and misappropriated health funds, the investigation revealed a handful of contracts that were not made public, nor questioned by the health committee.

Mrs Nyamai declined to comment for the story.

Nyamai has been accused by fellow members of parliament of thwarting an investigation of a separate alleged fraud. In 2016, a leaked internal audit report accused the Ministry of Health — colloquially referred to for its location at Afya House — of misappropriating funds in excess of nearly $60 million during the 2015/2016 financial year. Media stories described unauthorized suppliers, fraudulent transactions, and duplicate payments, citing the leaked document.

Members of the National Assembly’s Health Committee threatened to investigate by bringing the suppliers in for questioning, and then accused Nyamai, the committee chairperson, of blocking their probe. Members of the committee signed a petition calling for the removal of Nyamai and her deputy, but the petition reportedly went missing. Nyamai now heads the National Assembly’s Committee on Lands.

Transactions for companies owned by Mrs Nyamai’s relatives were among 25,727 leaked procurement records reviewed by reporters from Africa Uncensored, Finance Uncovered, The Elephant, and OCCRP. The data includes transactions by eight government agencies between August 2014 and January 2018, and reveals both questionable contracts as well as problems that continue to plague the government’s accounting tool, IFMIS.

The Integrated Financial Management Information System was adopted to improve efficiency and accountability. Instead, it has been used to fast-track corruption.

Hand sanitizer was an important tool in fighting transmission of Ebola, according to a WHO health expert. In one transaction, the Ministry of Health paid Sh5.4 million for “the supply of Ebola reagents for hand sanitizer” to a company owned by a niece of the MP who chaired the parliamentary health committee. However, it’s unclear what Ebola reagents, which are meant for Ebola testing, have to do with hand sanitizer. Kenya’s Ministry of Health made 84 other transactions to various vendors during this period, earmarked specifically for Ebola-related spending. These included:

  • Public awareness campaigns and adverts paid to print, radio and tv media platforms, totalling at least KSh122 million.
  • Printed materials totalling at least KSh214 million for Ebola prevention and information posters, contact tracing forms, technical guideline and point-of-entry forms, brochures and decision charts, etc. Most of the payments were made to six obscure companies.
  • Ebola-related pharmaceutical and non-pharmaceutical supplies, including hand sanitizer
  • Ebola-related conferences, catering, and travel expenses
  • At least KSh15 millions paid to a single vendor for isolation beds

Hacking the System

Tira Southshore Holdings Limited and Ameken Minewest Company Limited, appear to have no history of dealing in hygiene or medical supplies. Yet they were awarded three blanket purchase agreements, which are usually reserved for trusted vendors who provide recurring supplies such as newspapers and tea, or services such as office cleaning.

“A blanket agreement is something which should be exceptional, in my view,” says former Auditor-General, Edward Ouko.

But the leaked data show more than 2,000 such agreements, marked as approved by the heads of procurement in various ministries. About KSh176 billion (about $1.7 billion) was committed under such contracts over 42 months.

“Any other method of procurement, there must be competition. And in this one there is no competition,” explained a procurement officer, who spoke generally about blanket purchase agreements on background. “You have avoided sourcing.”

The Ministry of Health did not respond to detailed questions, while Mrs Nyamai declined to comment on the contracts in question.

Procurement experts say blanket purchase agreements are used in Kenya to short-circuit the competitive process. A ministry’s head of procurement can request authority from the National Treasury to create blanket agreements for certain vendors. Those companies can then be asked by procurement employees to deliver supplies and services without competing for a tender.

Once in the system, these single-source contracts are prone to corruption, as orders and payments can simply be made without the detailed documentation required under standard procurements. With limited time and resources, government auditors say they struggle especially with reconciling purchases made under blanket agreements.

The agreements were almost always followed by standard purchase orders that indicated the same vendor and the same amount which is unusual and raises fears of duplication. Some of these transactions were generated days or weeks after the blanket agreements, many with missing or mismatched explanations. It’s unclear whether any of these actually constituted duplicate payments.

For example, the leaked data show two transactions for Ameken Minewest for Sh6.9 million each — a blanket purchase order for El Nino mitigation supplies and a standard order for the supply of chlorine tablets eight days later. Tira Southshore also had two transactions of Sh12 million each — a blanket purchase for the “supply of lab reagents for cholera,” and six days later a standard order for the supply of chlorine powder.

Auditors say both the amounts and the timing of such payments are suspicious because blanket agreements should be paid in installments.

“It could well be a duplicate, using the same information, to get through the process. Because you make a blanket [agreement], then the intention is to do duplicates, so that it can pass through the cash payee phase several times without delivering more,” said Ouko upon reviewing some of the transactions for Tira Southshore. This weakness makes the IFMIS system prone to abuse, he added.

In addition, a KSh4 billion contract for hand sanitizer between the Health Ministry’s Preventive and Promotive Health Department and Tira Southshore was approved as a blanket purchase agreement in April 2015. The following month, a standard purchase order was generated for the same amount but without a description of services — this transaction is marked in the system as incomplete. A third transaction — this one for 0 shillings — was generated 10 days later by the same procurement employee, using the original order description: “please supply hand sanitizers 5oomls as per contract Moh/dpphs/dsru/008/14-15-MTC/17/14-15(min.no.6).

Reporters were unable to confirm whether KSh4 billion was paid by the ministry. The leaked data doesn’t include payment disbursement details, and the MOH has not responded to requests for information.

“I can assure you there’s no 4 billion, not even 1 billion. Not even 10 million that I have ever done, that has ever gone through Tira’s account, through that bank account,” said the co-owner of the company, Abigael Mukeli. She insisted that Tira Southshore never had a contract to deliver hand sanitizer, but declined to answer specific questions. It is unclear how a company without a contract would appear as a vendor in IFMIS, alongside contract details.

It is possible that payments could end up in bank accounts other than the ones associated with the supplier. That is because IFMIS also allowed for the creation of duplicate suppliers, according to a 2016 audit of the procurement system. That audit found almost 50 cases of duplication of the same vendor.

“Presence of active duplicate supplier master records increases the possibility of potential duplicate payments, misuse of bank account information, [and] reconciliation issues,” the auditors warned.

They also found such blatant security vulnerabilities as ghost and duplicate login IDs, deactivated requirements for password resets, and remote access for some procurement employees.

Credit: Edin Pasovic/OCCRP

Credit: Edin Pasovic/OCCRP

IFMIS was promoted as a solution for a faster procurement process and more transparent management of public funds. But the way the system was installed and used in Kenya compromised its extolled safeguards, according to auditors.

“There is a human element in the system,” said Ouko. “So if the human element is also not working as expected then the system cannot be perfect.”

The former head of the internal audit unit at the health ministry, Bernard Muchere, confirmed in an interview that IFMIS can be manipulated.

Masking the Setup

Ms Mukeli, the co-owner of Tira Southshore and Ameken Minewest, is the niece of Mrs Nyamai, according to local sources and social media investigation, although she denied the relationship to reporters. According to her LinkedIn profile, Ms Mukeli works at Kenya Medical Supplies Agency, a medical logistics agency under the Ministry of Health, now embroiled in a COVID procurement scandal.

Ms Mukeli’s mother, who is the MP’s elder sister, co-owns Icpher Consultants Company Ltd., which shares a post office box with Tira Southshore and Mematira Holdings Limited, which was opened in 2018, is co-owned by Mrs Nyamai’s husband and daughter, and is currently the majority shareholder of Ameken Minewest. Documents also show that a company called Icpher Consultants was originally registered to the MP, who was listed as the beneficial owner.

Co-owner of Tira Southshore Holdings Limited, Abigael Mukeli, described the company to reporters as a health consulting firm. However Tira Southshore also holds an active exploration license for the industrial mining in a 27-square-kilometer area in Kitui County, including in the restricted South Kitui National Reserve. According to government records, the application for mining limestone in Mutomo sub-county — Nyamai’s hometown — was initiated in 2015 and granted in 2018.

Mukeli is also a minority owner of Ameken Minewest Company Limited, which also holds an active mining license in Mutomo sub-county of Kitui, in an area covering 135.5 square kilometers. Government records show that the application for the mining of limestone, magnesite, and manganese was initiated in 2015 and granted in 2018. Two weeks after the license was granted, Mematira Holdings Limited was incorporated, with Nyamai’s husband and daughter as directors. Today, Mematira Holdings is the majority shareholder of Ameken Minewest, which is now in the process of obtaining another mining license in Kitui County.

According to public documents, Ameken also dabbles in road works and the transport of liquefied petroleum gas. And it’s been named by the Directorate of Criminal Investigations in a fuel fraud scheme.

Yet another company, Wet Blue Proprietors Logistics Ltd., shares a phone number with Tira Southshore and another post office box with Icpher Consultants Company Ltd., according to a Kenya National Highway Authority list of pre-qualified vendors.

Family LinksMrs Nyamai and her husband co-own Wet Blue. The consulting company was opened in 2010, the same year that the lawmaker completed her PhD work in HIV/AIDS education in Denmark.

Wet Blue was licenced in 2014 as a dam contractor and supplier of water, sewerage, irrigation and electromechanical works. It’s also listed by KENHA as a vetted consultant for HIV/AIDS mitigation services, together with Icpher Consultants.

It is unclear why these companies are qualified to deliver all these services simultaneously.

“Shell companies receiving contracts in the public sector in Kenya have enabled corruption, fraud and tax evasion in the country. They are literally special purpose vehicles to conduct ‘heists’ and with no track record to deliver the public goods, works or services procured,” said Sheila Masinde, executive director of Transparency International-Kenya.

Both MOH and Ms Mukeli refused to confirm whether the ordered supplies were delivered.

Mrs Nyamai also co-owns Ameken Petroleum Limited together with Alfred Agoi Masadia and Allan Sila Kithome.

Mr Agoi is an ANC Party MP for Sabatia Constituency in Vihiga County, and was on the same Health Committee as Mrs Nyamai, a Jubilee Party legislator. Mr Sila is a philanthropist who is campaigning for the Kitui County senate seat in the 2022 election.

Juliet Atellah at The Elephant and Finance Uncovered in the UK contributed reporting.

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