With a spring in his walk, an upright lanky physique, reminiscent of the world famous marathon runners from the idyllic town of Iten, in Elgeyo Marakwet County, Paul Kimaiyo Kimuge aka “Sirikwa” looks ageless, making it difficult to estimate his age.
At 77-years-old, Kimuge would easily pass for a 50-something year old man: he has a medium sized body, head full of hair and a beguiling moustache that makes his smile wearily sly. “Since I stopped drinking several years ago, I’ve been on natural honey which I make at my farm,” said Kimuge. “I’m a beekeeper with lots of beehives and harvest honey and I used to make local brew from the honey.”
But, I had not travelled 340km from Nairobi to Iten, 32km east of Eldoret town, to discuss bee keeping with Kimuge, but rather his other major preoccupation, which he has done all his life: maize farming – and the politics surrounding it. “Maize farming in North Rift has been infiltrated by politics and the farmer has found himself trapped in this unfortunate conundrum,” said a calm Kimuge. “He now cannot sell his maize to the National Cereals and Produce Board (NCPB), because the board says its silos are full. And we don’t know from which maize farmers.”
The mzee told me he was a “small time” maize farmer. The maize from his 20 acres in Bogar, seven kilometers from Iten on the road to Kapsowar, was stuck in his barns. “I’ve just come from spraying them so that they are not attacked by stalk borers and maize weevils. I don’t know when the Board will buy my maize, if at all it will.” Kimuge said Bogar cooperative farmers had visited the Board offices in Eldoret town, but no official wanted to talk to them. “They locked themselves inside their offices and pretended to look busy.”
Maize farming in North Rift has been infiltrated by politics and the farmer has found himself trapped in this unfortunate conundrum
I asked Kimuge how is it that now there was a lot of hue and cry from North Rift maize farmers and what precisely was the mystery behind the current maize saga. “Maize has been politicised and has become a weapon to fight the Deputy President William Ruto. I refuse to believe that it is Ruto and his henchmen who are behind this maize ordeal. I’ve heard that talk of blaming Ruto and I’ve decided I’ll not be part of it. It is true we’re suffering, but we are suffering because of the government, not because of one person. Is Ruto in charge of the national maize policy? Is it Ruto who fixes the maize prices?”
Kimuge, a Keiyo, said the story about the alleged maize “importation” by some Kalenjin political elites was inconsequential. It was the work of the government to rein in on the culprits and ensure the farmer sells his maize to NCPB. “The President (Uhuru Kenyatta) recently said the Board will buy our maize at KSh2500, we are waiting to see if it will heed his orders. The truth is, even after the President commanded the Board to buy the maize from us, they are yet to do so. It looks like we are in for a long suffering.”
Kimuge’s views were sharply contradicted by another maize farmer, I spoke to in Kitale, in Trans Nzoia County who identifies as a Marakwet. The farmer, who asked me not to reveal his identity, openly stated that the maize scandal was the alleged handiwork of Ruto and his close associates. “Ruto and Kipchumba Murkomen, the Elgeyo Marakwet Senator purportedly ‘imported maize from Mexico’ but the truth of the matter is that that maize was bought from NCPB and the neighbouring Uganda,” alleged the farmer. “The maize bought from NCPB was later resold to the Board by the DP and his henchmen for a killing. That is why the Board cannot buy anymore maize, because the crux of the matter is, it has nowhere to store any extra maize, because they already have more than enough maize to handle.”
The farmer reminded me how maize used to be stolen at NCPB in the 1990s during the reign of President Moi: “Influential and powerful men linked to the president would hire trucks and drive to NCPB stores. With the collusion of the Ministry of Agriculture and NCPB bosses, they would load the maize into the awaiting trucks. The truck would drive away, only to return to sell the same maize to NCPB.”
The Kitale farmer said this is the reason why embittered farmers at the Senate ad hoc committee on Maize and Agriculture Committee held at the Uasin Gishu Hall in Eldoret town in September 2018, told senator Murkomen to his face, that he and his colleagues were behind the cartel that was bringing grief to the North Rift maize farmer. “Those making us suffer are from our own region. It is not (James) Orengo or (Moses) Wetangula making us suffer. We know them,” said some of the angry farmers, pointing a finger at Murkomen.
A Senate Ad hoc Committee on Maize and Agriculture Committee public hearing on maize issues in Eldoret, 2018. Source: Daily Nation
Jesse Mais, the former MP of Eldoret South, which was split into two constituencies –Kesses and Kapseret –, was among the farmers at the meeting. Mais, who is a large scale farmer in Mlango, next to Moi International Airport, told Murkomen that it was him and his hideous cartel that were behind the “maize heist” that was now causing untold suffering among the Kalenjin farmers.
“The politics behind the maize saga and the North Rift farmers’ grievances is now intertwined with the succession politics of 2022 and that is why, however much the farmers may feel aggrieved and, however much they may want to accuse their own leaders of being behind their suffering, they will not,” said the Kitale farmer. “The farmers know the people behind the maize cartel, it is their leaders, but ethnic politics of ‘this is our man,’ supersedes any suffering inflicted by the same leader(s).”
“Ngosamis murya kobo kot nebo,” said the farmer. It is a Kalenjin saying which the farmer translated to mean; however bad a situation is, your tribesman will always remain to be your tribesman.
The farmer shared the example of the intended fertilizer factory at Cheptiret on the Eldoret-Nairobi highway, that was supposed to be up and running, “but look it’s a shell of a building, with no fertilizer, the farmers were obviously cheated, yet Deputy William Ruto had promised it would be functional, but as you see, no Kalenjin will dare put Ruto to task over that factory.”
On January 31, 2019, Noah Wekesa the chairman of the Strategic Food Reserves (SFT) made a pronouncement in Eldoret at the NPCB offices, that the government would not subsidize fertilizer products this year, making an already bad situation worse, said the farmer. “The farmer cannot afford the fertilizer’s market price. And if the government insists on not importing the fertilizer, the farmer will be stuck and of course, this will certainly impact heavily on the local politics. The farmers are agitated that in the wake of all these happenings, William Ruto is quiet.”
Maize farming is the economic backbone of the North Rift, the bedrock of Ruto’s political fanatical support and vote rich backyard, and the base, is wallowing in angst and this suppressed anger is threatening to spillover, said the farmer. “A bag of maize is currently, at best, selling at KSh1400–1500 (forget what the President said). And this is if you get a buyer.”
The farmers’ barns themselves are packed with their own maize, because they have no one to sell to. “Eventually, the maize will rot.” He said the millers are not buying any maize from the farmers, but buying from the government, which has all the ‘imported’ maize. “Even if they were to sell their maize, they would sell it at a loss; the production cost is anything above KSh2200 per bag, whichever way for the farmer, he is screwed,” said the farmer.
Maize has been politicised and has become a weapon to fight the Deputy President William Ruto. I refuse to believe that it is Ruto and his henchmen who are behind this maize ordeal.
In Ziwa, 42km north of Eldoret town and Ruto’s staunchest political stronghold, Chief Elijah Serem of Segero location told me the government had allocated only 80 bags to be sold to NCPB. “An entire location, you allocate only 80 bags? The government should reconsider this particular allocation. Segero is a location of very serious maize farmers…all their barns are full….” Apparently to deal with the maize crisis, NCPB is allocating maize quotas to locations in North Rift and has come up with a raft of conditions for the farmers to fulfill, in respect to the maize they are supposed to deliver to the Board. Besides stating that the government would not import fertilizer, Noah Wekesa also announced that the government would buy only two million bags of maize from the farmers, ostensibly because the government has enough maize for strategic reserves.
Ziwa is populated by the Nandi people. It all used to be part of the Eldoret North constituency, which was one time William Ruto’s huge constituency when he served as the MP between 1997–2007. It was split into two constituencies: Soy and Turbo. In Soy, Mzee Julius arap Nabei lamented, “we’re not happy at all…there are some people in the government who are now engaging in some political mischief…why are they emasculating Ruto’s powers now? Please let it be known we are not amused with the ongoings in Jubilee Party.” I sensed the agitation among the Nandi of Ziwa was beginning to be audible. Samus murya ku nyengung, even if the rat (in the house) is smelly it is still yours, grumbled the mzee.
In Turbo, where the bulk of the Kikuyu people in Uasin Gishu County used to live, a retired Kalenjin senior chief said, “let us not kid ourselves; the bull has been dehorned and this a very unsettling situation here. (The bull in reference to William Ruto). We were going to take some time to observe the on goings at the party, but it looks like, we the Kalenjin elders, would sooner than later ‘recall’ William Ruto to candidly tell us what exactly is going on in Nairobi.”
A recent executive order issued by the President to the Cabinet Secretaries, delegating supervision of the government’s development work to them, has been interpreted by the ordinary Kalenjin man to mean a clipping off Deputy President’s powers. The work, according to the order, is to be overseen by Fred Matiang’i the CS for Interior and Coordination of National Government.
“What the executive order has done is to galvanize the Kalenjin community into fully rallying behind Ruto,” a senior journalist from the Kalenjin community told me: “They will now not see him as the man behind their maize woes, but as a victim of state machinations. Their argument is, ‘we the Kalenjin are under (external) attack, we should close in on our ranks and face the common enemy, we can deal with our internal issues later.’”
The Kalenjin community largely farm and rear livestock. “But the main crops that we rely on, have been politicized – maize has been the most affected – but even tea might soon became a political crop,” opined the Kitale farmer. He pointed out that Kalenjin farmers from North Rift were tottering on the brink of confusion and despair. “The farmer knows the scandal has been allegedly perpetrated by Ruto and his henchmen and now he is being told that if he is tired of maize, he can opt for Avocado. It is very demeaning and hurtful. Anatwambia tupande parachichi…hiyo ndio kitu gani…hiyo ndio italisha watoto wetu? He’s telling us to grow avocados…what’s that…is that what we’ll use to raise our children?
The farmer told me North Rift farmers had huge farms, that they had been farming for eons and come to understand and anticipate the seasons, learned how to predict the rains, that are heavy and good for maize farming. “What does Ruto mean when he says we should diversify and start growing other crops like Avocado?” The Kalenjin, the farmer said, had taken this pronouncement by Ruto to mean that they should vacate maize farming so that he can be the sole importer and distributor of all the maize in the country, for as long as it was lucrative. “Ruto does not care whether our children starve to death or not, whether we educate them or not, all he is interested in is, more money and the powerful presidential seat.”
The maize scandal has become an explosive matter and that is why Ruto is quiet and cannot do anything about it, observed the farmer. “He cannot do anything about the mess because he is the one behind this humongous scandal alongside his boys.” Yet the problem of the Kalenjin farmer does not now even end with the apparent lack of a market and price distortion of their chief crop: “These Ruto henchmen also have been messing about with the flow and quality of fertilizer in the country,” alleged the farmer.
The government imports genuine fertilizer for the farmers, but Ruto and his friends allegedly have been in turn, buying these fertilizer in bulk, repackaging it by mixing it with low grade fertilizer, which they then sell to the farmers at market prices, just like the real quality fertilizer would fetch, said the farmer. “The net result of this has been farmers’ maize output has witnessed a dip, because the yield per hectare is low, because of the low grade fertilizer. The North Rift Kalenjin farmer has been suffering quietly, but bitterly, knowing very well that the pain he is undergoing, has been inflicted by his tribesman.” Ngosamis murya kobo kot nebo. North Rift is largely made of the Keiyo, Marakwet and Nandi people.
Kimuge told me it is true he is a Ruto diehard: huyo ni kijana yetu, that’s our boy. “In 2013 and 2017, we the Kalenjin elders campaigned really hard for both Uhuru Kenyatta and William Ruto. In 2012, when both of them were in trouble with the ICC (International Criminal Court), they came to us elders and begged for our support. Uhuru told us if he became President, he would serve for a maximum 10 years and then he would make sure Ruto serves his own 10 years. ‘Mimi mwenyewe, nitampigia Ruto debe,’ I’ll personally campaign for Ruto. The mzee remembers Uhuru telling them as much. This was a public promise made during the day. What are these stories we are now hearing about?”
The elder recalled that when Uhuru and Ruto decided to work together, the Kalenjin were relieved that the two most politically powerful antagonistic communities in Kenya had decided to bury the hatchet and co-exist peacefully. “That’s why we told our people, they must vote for the duo to secure development, peace and harmony. I’m now shocked that the Kikuyu seem to want to walk back on that promise.” They are many Kikuyus in the larger Rift Valley region engaged in varied businesses and farming, said Kimuge, “I’d really be shocked if they are now choosing death and destruction of their property over peace, security and stability.”
Kimuge said the Kalenjin elders have been watching President Uhuru and his close associates very carefully, since he shook hands with Raila Odinga. “It is true in 2007, we supported that Luo man, but he is a trouble maker and we don’t know what he is up to now. Still, President Uhuru is a puzzle to us: Even if he wants to now fight Ruto, did he have to use Raila to fix him?” The farmer said the Kalenjin elders were yet to respond to the March 2018 handshake, the May 2018 kutangatanga (roaming about) statement and, lately David Murathe’s ‘absurd’ remarks about Deputy President. “We’re bidding our time, closely observing the unfolding political happenings as we head to 2022, we’ve also not engaged our counterparts the Kikuyu elders, maybe we’ll in days to come by, but at an appropriate time, the Kalenjin elders may find it necessary to speak their mind.”
The mzee stated that if it was Raila causing havoc and friction within the Jubilee fraternity, then it is incumbent upon President Uhuru to rethink the political value of the handshake, else it may not augur well in the North Rift. “In 2007, we saw how Kikuyus lost lives and their property destroyed, especially in Uasin Gishu, we don’t want that scenario repeated, yet I’ll reiterate this: It is always important to honour a promise you’ve made with someone.”
If Kimuge, a Keiyo from Iten was implicit about his political feelings, sometimes struggling to hide them and sound unduly polite, despite being DP’s fanatical loyalist, Reuben Cheruiyot a Kipsigis from Bomet County was explicit about the current Jubilee Party turf wars being waged between President Uhuru and his Deputy’s respective camps.
Cheruiyot, is in his late 30s and has a cool mien, a suppressed easy laughter, with a knack for wisecracks and an unrepentant roving eye. He speaks with a soft voice, almost inaudible and repeats his sentences for emphasis sake. With his crimson suits worn without a tie, Cheruiyot could easily pass for the city of Nairobi’s wheeler-dealers, or tenderpreneurs, who are always on the lookout to strike deals with hungry middle cadre government bureaucrats.
Born and bred on the outskirts of Bomet town, Cheruiyot is well-heeled politically and properly ingratiated with the political networks of the Kalenjin nation. He is a member of the Kalenjin Professional Forum, Governor Joyce Laboso’s and Senator Christopher Langat’s inner networks, both of Bomet County, among his various political liaisons within the Kalenjin political elite circles and, keeps tabs with the inner sanctum of some of Ruto’s close associates.
“We’ve been keeping a close watch on President Uhuru’s actions and utterances since the maiden handshake with Raila Odinga and I can tell you he is treading on a misguided trajectory,” said Cheruiyot. In a move that took Kenyans by complete surprise, President Uhuru Kenyatta on the mid-morning of March 9, 2018, on the steps of Harambee House, shook hands with his greatest political nemesis Raila Odinga, leader of the Opposition outfit, National Super Alliance (NASA).
Deputy President William Ruto was not part of the handshake. Four months later, on July 8, 2018, in an interview at his Karen residence, with the NTV crew, he downplayed the significance of the handshake, argued that he had been fully aware of it. “In any case, the President doesn’t have to consult me in everything he does,” Ruto posited nonchalantly. But those who know Ruto says he was still rattled and startled, even as he invited NTV TV crew to his stately compound.
To state that Ruto was ambushed by the handshake is an understatement: “It could never have occurred in his wildest dreams that Uhuru Kenyatta – a man he had practically shared the presidency with, in their first term – would close ranks with his greatest political antagonist. But President Uhuru had just done that four months after he and Ruto had fought tooth and nail to stop Raila, by any means necessary, from snatching the presidential powers from them. As President Uhuru began his ‘legacy and last term’, Deputy President knew he had it all wrapped up. All that he needed to do was to lay a strategy that would ostensibly consign Raila Odinga into political oblivion. And that is what he had started working on when the handshake saga took place,” a Ruto confidante narrated.
“Uhuru and Ruto had spared no epithets and expletives, the worst kind they could ever find to label Raila. Uhuru was not bluffing when he described him as kimundu giki, (this ogre) and mundu muguruki (mad man), who needed to be stopped in his tracks by whatever schemes that could be assembled. They had sworn he would never rule the country – whether by might or right. Only now for Uhuru to turn around and become buddy buddy with kimundu giki”.
“That path Uhuru is taking is ill-informed and hurried,” said Cheruiyot, striking a pensive mood. “Before he goes off tangent, it is wise for Uhuru to pose and recall why in the first place he had teamed up with Ruto in 2012. It was because of two major things: to fend off the ICC cases and ease off the tensions in Rift Valley region. Let us be clear about one fact: it’s because of their teaming up that there is peace in Rift Valley and when I talk about peace, I mean peaceful co-existence between the Kikuyu and Kalenjin.”
Uhuru and Ruto had spared no epithets and expletives, the worst kind they could ever find to label Raila. Uhuru was not bluffing when he described him as kimundu giki, (this ogre) and mundu muguruki (mad man), who needed to be stopped in his tracks by whatever schemes that could be assembled. They had sworn he would never rule the country – whether by might or right. Only now for Uhuru to turn around and become buddy buddy with kimundu giki”.
“We’d anticipated there would be frictions within Jubilee Party in Uhuru’s second term – that is normal in coalition governments – but not of this nature,” observed Cheruiyot. “President Uhuru’s recent utterances on Ruto and his apparent dramatic change of body language have been creating palpable tension in the Rift Valley. When he refers to Ruto as this ‘young man’ and they are separated by only five years, what exactly does he mean? If the President thinks he is ostracizing Ruto, he’s grossly mistaken, he is ostracizing the Kikuyus in the Rift Valley.”
“President Uhuru is at liberty to pursue his legacy”, said Cheruiyot, “but he does not have to demean Ruto. It is a fact that Uhuru’s agenda of securing a legacy and William Ruto’s presidential pursuits of 2022 are at cross-purposes. It was bound to happen, nothing unusual about this. So, the president feels he needs to assert himself and craves his deputy’s support, but the DP is busy with 2022 and therefore, the President is jittery.” Edging closer to me, Cheruiyot whispered: “You know the President has always felt inadequate in the presence of William Ruto. He fears Ruto.”
For two people who had acted like bosom buddies in the first term, Uhuru’s recent dramatic change of behaviour is strange indeed, mused Cheruiyot. “The question we must fundamentally keep asking now is this: “Just when did President Uhuru discover corruption in his government? Are Kalenjins the only corrupt people in Jubilee? It is not a coincidence that this pending talk about lifestyle audit and demeaning of Ruto is happening at the same time. It is careless and unhelpful,” said Cheruiyot raising his voice. “It will boomerang on President Uhuru. If there is any lifestyle audit to be done in this country, it must begin with the Kenyatta family and should start in 1963. Mtego wa panya huingia waliomo na wasiokuwemo.” The literal translation of this Kiswahili idiom is: oftentimes a trap set to ensnare mice ends up trapping other (unintended) rodents. Translated figuratively, it means; you may set out to lay a trap to catch a (unsuspecting) foe, only for the trap to end up catching your (closest) friends or even ensnaring yourself. The narrative of, “if there must be any lifestyle audit to be done, it must begin with the Kenyatta family,” has spread across Kalenjin land like bush fire.
Cheruiyot told me Gideon Moi, son to Daniel arap Moi was being used by forces that want to frustrate and scuttle Ruto’s path to the presidency. “We know them: it is the deep state and Kikuyu hegemonists,” he said. Ruto learnt valuable political tricks from the grand master and ‘professor’ of Politics, but the DP’s relationship with Daniel arap Moi is bad: there’s no love lost between the two, but in May 2018, he had to go and see him, observed Cheruiyot. “They may not be friends, but Moi is our (political) father.” Cheruiyot said the May 3, 2018 visit was scurried by Gideon Moi, the Baringo Senator and last born son to the ageing Moi. “You think Ruto is foolish to just happen on (senior) Moi’s Kabarak home without prior arrangement?
“Gideon thinks he’s cunning? He’s a spoilt brat, he’ll soon know, who between him and Ruto is more cunning.” Accompanied by Charles Keter, (Cabinet Secretary for Energy) among others, Ruto landed with a Kenya Pipeline Company (KPC) helicopter on the Kabarak lawns in the hope of shaking Moi’s hand. To Ruto’s fury, Moi snubbed him. In response the Rift Valley MPs allied to Ruto lashed out at Gideon, accusing him of behaving like the gatekeeper to the ex-President’s Nakuru home.
At the Kerio View Hotel in Iten and seated overlooking the breathtaking picturesque Kerio valley, Kibiwott Koross pointing yonder across the valley towards Baringo County, shared similar sentiments about Gideon: “We know which forces are cheating Gideon that he can be president of this country. He’s never going to be anything other than what he already is – a senator – which he got out of respect for senior Moi by the Baringo people. He says he still pondering whether to run in 2022 or not. Gideon is a snob and joker. Maybe one day he will vie for the presidency, but certainly not in the next general election.” Koross, a journalist, was a features writer at the Star newspaper, where I had once worked.
“Gideon was elected senator courtesy of Uhuru Kenyatta and his wife Zahra,” said another source, who is knowledgeable on the subject matter of Baringo politics, and who requested anonymity. “Uhuru came to Baringo pleaded with the people to vote for Gideon, because the people were reluctant. It had to take the intervention of the President himself – but more fundamentally, his wife.” My source alleged it was Zahra who distributed cash to women’s groups, the youth and voters around the county, canvassing for her husband. “Gideon is so mean, he only knows how to surround himself with menacing bodyguards…,” said the source. Here, he is referred to as GMO,” a pun that likened Gideon Moi to artificial (read fake) nature of GMO (genetically modified organisms) food.
“One of the great lessons that Ruto took to heart from Moi was to be generous and stay close to the people,” said Koross. “Ruto has been an excellent student of President Moi: he’s generous and social. Even though Gideon is his father’s son, he’s learned nothing – he’s a miser and anti-people.”
But a close associate of Gideon Moi told me this talk of booking an appointment by Ruto men, is all a fabrication. “Neither Ruto, nor his henchmen booked any appointment, he just arrived unannounced. You just don’t do that, yet, he knew what he was doing,” said the associate. “Ruto had a sinister agenda – he wanted to score with this trip – he knew whatever the outcome, he was going to make news and come out as the winner.” The associate said the DP in a me-too moment, decided he should also visit the Kabarak Home and not be seen to have been left behind, after Raila Odinga, had visited the former president on April 12, 2018. “He wanted to send a message to his Kalenjin base that he can also see Moi at will, and if he cannot, then, they will know who is working against their interests in capturing the presidency in 2022.” When Moi snubbed him, Ruto supporters turned the venom on the younger Moi, tongue lashed and accused him of being jealous of Ruto’s presidential ambitions.
“William Ruto has been looking for an opportunity to trip Gideon so that he can tackle him in a duel by dragging him through the mud and finishing him completely,” said Gideon’s confidante. “But Gideon has refused to swallow the bait, choosing not to engage Ruto in whatever storm he and his people create.” Even though Ruto was an “A” student of Moi’s school of politics, there are some crucial lessons he seems to have skipped, said the associate. “Moi was very patient, very obedient and totally loyal to his boss. He never did anything that would have been interpreted to mean he was undermining Kenyatta for all the time he was his Vice President. Ruto seems to want to take the battle to his boss’s corner.”
During the 2017 presidential campaigns, Ruto’s point men in the Rift Valley region would assure their supporters that the DP was as good as on the driver’s seat, “since the President himself is always busy enjoying (read drinking) himself, all the time,” a Ruto loyalist confided in me in Eldoret town. “Let us vote for Uhuru: while he will be drinking, the DP will be the one calling the shots. Look at the number of our sons and daughters in parastatal positions…sisi ndio serikali…we are the government.”
Once back in Nairobi, I asked a friend of President Uhuru whether this was true – about these allegations made by the DP’s men in 2017 campaigns. “Well, as you can now see for yourself: you can enjoy yourself and be equally tough”, he said in jest.
Cheruiyot mused loudly that they (the Kalenjin) always knew the Kikuyu would betray them, “Even Ruto has always known that, so nothing new there, but this current overt machinations is something we’ll have to deal with as the situation demands and unfolds.” If President Uhuru chooses to be dishonest towards Ruto, that is really up to him, said Cheruiyot. “It just goes to strengthen the political stereotype among Kenyans, about Kikuyus not keeping their word.” It was an observation that Brenda also from Bomet reiterated: “So, the Kikuyu (leadership) has decided to betray the Kalenjin? Kikuyus have always been like that. But, that’s all well and good. But this time round, they will have to countenance with a man who is ready to take the battle to their yard. Huyu mwanaume yuko tayari kupambana nao, yeye sio kijana yao. This man (Ruto) is all too ready to face them (the Kikuyus) and therefore, he is not their boy.”
The stereotype notwithstanding, Cheruiyot mentioned to me that the first round of the Jubilee factional wars in 2018 had resulted in Ruto camp’s win: “The calling of both camps’ troops to order was a result of a temporary truce called by the leaders of the respective camps: Uhuru Kenyatta and William Ruto.” On June 29, 2018, President Uhuru and his deputy held a “crisis” meeting to “iron out” and “streamline” differences that had given the impression that Jubilee Party was wrought with infighting and on the verge of collapsing. After that meeting, Ruto asked his foot soldiers to observe the cessation and cease throwing brickbats towards their counterparts, the Central Kenya MPs, and instead talk about development.
“There wasn’t a cessation of anything and everybody knew it,” said Cheruiyot. “This is a protracted battle and we’re ready for it, sisi hatuogopi, we are not afraid.” He reveled in the fact that the Ruto camp’s strategy had worked: “the dragging of Uhuru’s younger brother Muhoho Kenyatta into the murky waters of the supposedly war on corruption was too much to bear on Uhuru Kenyatta’s camp and particularly, the larger Kenyatta family, which has always kept their social affairs very private and away from the prying eyes of Kenyans.”
As President Uhuru maintained that the war on graft was unrelenting and as the fight against it reached its zenith, Muhoho was fingered by Aldai constituency MP Cornelly Serem on June 26, 2018, as being one of the people who had imported contraband sugar, through his company Protech Investment. It forced the President to state publicly that if his brother was guilty of any corruption offences, he should not be spared and should equally face the law. It was a strained statement made in the heat of the battle for supremacy between Uhuru’s faction and his deputy’s.
“The David Murathe’s 2019 new year anti-Ruto utterances were not wholly unexpected,” said Koross. What shocked the Kalenjin people was his brazen and naked attacks on Ruto. Makibarjin tarit kwangoi.” Translated the Kalenjin proverb means – you do not show the bird the arrow. “If a hunter identifies a bird he want to bring down, he does not directly point the arrow to the bird, because it will fly away, you must catch it by surprise.”
The Deputy President has cautioned against verbal retaliation, “Some of the Kalenjin MPs were furious with Murathe’s statement, still the DP cautioned patience: ‘we should not be confrontational,’” he said. “Ongemuite amu 2022?” Now we just shut up because of 2022?” posed the MPs.
An Eldoret businessman who described Murathe as an attack dog said the President’s silence in the face of Murathe’s attack on Ruto was ominous, “but we can live with that, still, he should have cautioned and controlled the dog not to bark uncontrollably.” The businessman said, “the Kalenjin are happy, the attack dog-in-chief had yelped this early and exposed his master’s scheme soon enough: we now know how to take the battle to their doorstep.”
The businessman said since the kutangatanga snide remark by the President, last year, the Kalenjin community has been keenly observing the President’s body language. “It’s from that time that we noticed his handlers started scripting statements that had a different tone from the one we were used to from Uhuru.” The businessman said the narrative of linking all state sleaze on Ruto by President Uhuru Kenyatta camp had succeeded insofar as the elites are concerned: “Wanjiku and Cherop are not bothered by this narrative, they really would care less.”He said the Kalenjin were fully aware of how President Uhuru’s camp was working overtime on crafting a narrative of that links state corruption to Ruto.
The businessman was categorical that Ruto’s campaign team does not need President Uhuru’s endorsement or support. “We can fight our own battle – leadership is earned and fought for – not handed over. Ruto is not Kalonzo (Musyoka) or (Musalia) Mudavadi who have been waiting to be endorsed by being declared ‘Tosha’, so we are not afraid of our enemies, we can take on them on any front, any day.”
Amid this apparent chest thumping by the Rift Valley elites, the ethnic Kalenjin base from which Deputy President William Ruto hopes to launch his biggest political project ever, is restless, and now, has been exposed by the emerging turbulent and choppy waters of succession politics. At the heart of this state of uneasiness, is their food economy that is facing a meltdown, hence affecting their livelihood, the ever-precarious land ownership in the Rift Valley region and a destiny beholden to the personality cult.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Although 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.
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.
Mrs 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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