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Who Will Speak for Us Now? Why Amendments to the University Act Are Undemocratic

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The current Universities Act negates the struggles that led us to the constitution which the Kenyan people promulgated after decades of struggle, blood, sweat and tears. And worse, it reifies the painful legacy of slavery that still haunts Africa and her descendants in the world’s most powerful country.

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Who Will Speak for Us Now? Why Amendments to the University Act Are Undemocratic
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In the last several months, students in Kenyan universities have been involved in translating the amendments of the University Act into their student body constitutions. The amended Act requires student councils to be voted in not by all the students, but by electoral college representatives elected by the students.

The amendments to the University Act, and their protection by the High Court following the legal appeal by some student leaders, are a serious blow to constitutionality in Kenya. The need for university students to entrench these undemocratic requirements into their constitutions is the opposite of the path that led to the 2010 constitution. Unlike the constitution that was the fruit of struggles for freedom, the Kenyan university students are being forced by law to deny themselves their own constitutional rights.

The anti-democratic roots of electoral colleges

The amendments to the Universities Act in 2016 were made by then Education Cabinet Secretary, Fred Matiang’I, as a way to rein in the multiple and chaotic terms of office in the Students Organisation of Nairobi University (Sonu) held by Fred Ogili, commonly known Babu Owino. But rather than simply limit the terms of office of student officials, Matiang’i made one draconian addition. He drafted a law that required university student councils to be chosen by electoral colleges, rather than by direct popular vote.

There are at least two disturbing implications of the amended Universities Act. First, the Kenya Parliament passed a law not on principle, but to prevent a single man from running for office. Laws are supposed to be written for the public good, not to target a single individual. This is a bad precedent, with snowballing effects already simmering with the recent proposal to amend the country’s constitution based on the failed presidential ambitions of a single candidate.

Rather than deal with the political, managerial and root causes of the crisis in university student politics, the country’s legislators chose to pass a law that, as the African proverb says, burns down a whole house to catch a single rat. It is because of the abuse of the students by Babu Owino and other university student leaders that legislators have now written a law that denies students a say in how they are governed.

The second, and more disturbing aspect, of the amendments was the recourse to electoral colleges – a system that is rooted in racist slavery in the United States, and which has led to the absurdity of American presidents who do not win the popular vote. The most recent case is that of the current president Donald Trump who won the presidency but received 3 million votes less than Hillary Clinton.

Rather than deal with the political, managerial and root causes of the crisis in university student politics, the country’s legislators chose to pass a law that, as the African proverb says, burns down a whole house to catch a single rat. It is because of the abuse of the students by Babu Owino and other university student leaders that legislators have now written a law that denies students a say in how they are governed.

Rooted in slavery

Electoral colleges were created by the founding fathers of the United States as a bargain between the northern, more populated states, and the southern slave-holding states. During the constitutional conventions in 1787, the delegates realised that if the president was to be elected by popular vote, meaning including votes from slaves, it would present a political problem for whites, because the slaves would choose their own candidate, which the white men in power could not allow.

In response, then, the suggestion was that voting should be limited to “free people”, meaning that only whites would vote. However, the southern states opposed that suggestion because in many of the states, slaves were a huge size of the population, sometimes even more than the whites. That meant that the northern states, which had a larger white population, would always dictate who would win the presidency. So southern states wanted to exploit the numbers of black people for electoral mileage, but without giving them an equal political voice.

In order to resolve the stalemate, the states reached what is known as the “three-fifths compromise”. The compromise would decide representation by counting the slave population as three-fifths of its actual size.

Electoral colleges are, therefore, by design, intended to limit the voice of actual people. Electoral colleges exploit the numbers of people without allowing the same people to have an equal say in how they are governed, which continues in the United States to this day. Indeed, American legal historian Paul Finkelman was right to say that the electoral college is “the last legacy of slavery in the US constitution that is still affecting our political lives”.

It is clear then that the intention of the Kenya government in requiring electoral colleges was to limit the voices of the students while giving students the illusion of having a say in how universities are governed. This conclusion raises two questions. Should student elections matter anyway? And, why did the High Court decline the appeal by students against the amended law?

Why do student elections matter?

One uncomfortable truth for university administrations, not just national governments, is that students do have an impact on how a country is governed. Many of the anti-colonial freedom fighters, like Frantz Fanon and South Africa’s Steve Biko, fought against racist oppression as university students. In the United States, it was black university students’ struggles that were a major pillar of the civil rights and black power movements, and that led to the introduction of African and African American studies in US universities.

Because university students have such an important national voice, how they conduct their affairs has implications for the nation’s future. In her article on the Universities Act, Nerima Wako-Ojiwa, one of Kenya’s important youth voices, reminded us that “for whatever happens in our universities, it is only a matter of time before it comes into national politics”. Therefore, if we want democracy and good governance in Kenya, universities must be places where students model what they envision for the rest of society.

Wako-Ojiwa is justified in seeing the curtailing of democracy in student elections as a preparation of the youth for the proposed amendment to Kenya’s constitution to have a parliamentary system, where the head of government is chosen not by the people, but by their representatives. Both the parliamentary system and the electoral colleges allow politicians to negotiate and play around with numbers while not consulting the people, and at the same time give the people the illusion that their opinion matters.

Because university students have such an important national voice, how they conduct their affairs has implications for the nation’s future. In her article on the Universities Act, Nerima Wako-Ojiwa, one of Kenya’s important youth voices, reminded us that “for whatever happens in our universities, it is only a matter of time before it comes into national politics”. Therefore, if we want democracy and good governance in Kenya, universities must be places where students model what they envision for the rest of society.

In other words, the amendments to the University Act are designed to not only disenfranchise students, but also to prepare the youth for the same disenfranchisement in their larger public life. It is, therefore, very sad that the first attempt of this generation at constitution-making is an exercise in putting shackles on themselves. This process is not only anti-constitutional; it is at its very essence anti-human.

But the second disenfranchising element of the electoral colleges is that they make manipulation of student elections even easier, rather than more difficult. Once the electoral college representatives are chosen, the representatives can sell their vote to the highest bidder running for office, or the candidate’s godparent. It will also mean that unscrupulous deals and negotiating will become more rampant as students seeking office or administrations seeking to manipulate the vote have fewer students to appeal to.

The legal challenge

That said, university students did challenge the anti-constitutional amendments in court. On January 24, 2017, a number of students, led by Were Samuel, argued before the High Court that the amendments were made without adequate public participation, and that the amendments violated the students’ right to vote, as enshrined in Article 38.

The government responded with a dubious argument that the amendments were made necessary by the violence and manipulation of student elections by politicians. However, as I’ve already noted, electoral colleges make the problem worse, because with electoral college representatives, there are fewer students to bribe more or manipulate in choosing the student council. But the bigger problem is the principle of the government’s argument, which is that it is necessary to curb electoral malpractice by limiting students’ rights even further.

Perhaps the joke of the government’s response was in what constituted public participation. A mistake which the government made, and which it repeatedly makes, is to equate public participation with consulting stakeholders. Public participation should be defined as seeking the views and input of the people who will be most affected by a policy or law, in this case, the students. Stakeholder consultation, its neoliberal substitute, is not the equivalent of public participation, because stakeholders are the people whose profits and power are affected by the law or policy, unlike the public which is the people whose lives are directly affected by that law or policy.

Indeed, the government’s evidence of public participation reads like a who’s who list of people with an interest in suppressing the democratic voice of students, namely employers, government and university administrations. According to government affidavits cited by the High Court, the stakeholders called to a workshop were the Association of Professional Societies of East Africa, the Commission of Higher Education, the Federation of Kenya Employers, the Kenya Private Sector Alliance, the Kenya Universities and Colleges Central Placement Service (KUCCPS), the Higher Education Loans Board (HELB), vice chancellors of public and private universities and principals of university colleges.

Sadly, the High Court accepted that this list of “stakeholders,” and an announcement in the Daily Nation of 25th February 2016 by the National Assembly, were reasonable effort in involving the public in discussing the amendments. The Court also agreed with the government that the inclusion of the two-thirds gender clause in the rules on student elections was enough proof that the elections were, in fact, more democratic than the previous system of student elections. It is ironic that the gender clause was used as evidence of democracy in universities, while Parliament is yet to implement the same clause.

Although the Court argued that public participation should meet a certain level of reasonableness, it is amazing that the counsel for the students argued that the stakeholder workshop and a single announcement in a newspaper hardly constitute reasonableness. Since the government knew that the primary affected constituency is the students, it should have required, at the very least, that the university administrations announce the discussions of the amendments to their entire student bodies. Sending letters to vice chancellors’ offices, with no requirement for dissemination of the information, is a cynical wink at university administrations to keep students in the dark and deny them participation in a law that so directly affected them. The decent thing for the government and university bodies to have done would have been to actually visit some of the universities and have town hall discussions with the students. Instead, they met with fellow stakeholders in a workshop. Probably in a hotel.

Sadly, the High Court accepted a list of “stakeholders,” and a single press announcement by the National Assembly as reasonable effort in involving the public in discussing the amendments. The Court also agreed with the government that the inclusion of the two-thirds gender clause in the rules on student elections was enough proof that the elections were, in fact, more democratic than the previous system of student elections.

All in all, the amendments to the Universities Act, and the requirement for students to abide by them, is a sad testament of how the older generation continues to undermine our youth’s opportunities to fully exercise their rights as citizens. The height of cynicism is to require students to write and promulgate a constitution which denies themselves their own rights.

The struggle must continue

I hope that in the near future, a more robust case challenging the amendments to the University Act will be presented that will leave the courts no option but to declare the amendments unconstitutional, because accepting this disenfranchisement of our youth will eventually evolve into the wider disenfranchisement of the Kenyan people.

Until then, students will have to employ their creativity to find ways to ensure that their voices remain heard. The current Universities Act negates the struggles that led us to the constitution which the Kenyan people promulgated after decades of struggle, blood, sweat and tears. And worse, it reifies the painful legacy of slavery that still haunts Africa and her descendants in the world’s most powerful country.

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Wandia Njoya is a scholar, social and political commentator and blogger based in Nairobi, Kenya.

Politics

Kenya Chooses Its Next Chief Justice

The search for Kenya’s next Chief Justice that commenced Monday will seek to replace Justice David Maraga, who retired early this year, has captured the attention of the nation.

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Kenya Chooses Its Next Chief Justice
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Since Monday, the 12th of April 2021, interviews to replace retired Chief Justice David Maraga for the post of the most important jurist in Kenya and the president of the Supreme Court have been underway.

The Judiciary is one of the three State organs established under Chapter 10, Article 159 of the Constitution of Kenya. It establishes the Judiciary as an independent custodian of justice in Kenya. Its primary role is to exercise judicial authority given to it, by the people of Kenya.

The institution is mandated to deliver justice in line with the Constitution and other laws. It is expected to resolve disputes in a just manner with a view to protecting the rights and liberties of all, thereby facilitating the attainment of the ideal rule of law.

The man or woman who will take up this mantle will lead the Judiciary at a time when its independence and leadership will be paramount for the nation. He or she will be selected by the Judicial Service Commission in a competitive process.

KWAMCHETSI MAKOKHA profiles the ten candidates shortlisted by the JSC.

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IMF and SAPs 2.0: The Four Horsemen of the Apocalypse are Riding into Town

Stabilisation, liberalisation, deregulation, and privatisation: what do these four pillars of structural adjustment augur for Kenya’s beleaguered public health sector?

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IMF and SAPs 2.0: The Four Horsemen of the Apocalypse are Riding into Town
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The International Monetary Fund’s announcement on the 2nd of April 2020 that it had approved a US$ 2.3 billion loan for Kenya prompted David Ndii to spell it out to young #KOT (Kenyans on Twitter) that “the loan Kenya has taken is called a structural adjustment loan (SAPs). It comes with austerity (tax raises, spending cuts, downsizing) to keep Kenya creditworthy so that we can continue borrowing and servicing debt”, adding that the “IMF is not here for fun. Ask older people.” With this last quip, Ndii was referring to the economic hardship visited on Kenyans under the structural adjustment programmes of the 80s and 90s.

Well, I’m old enough to remember; except that I was not in the country. I had left home, left the country, leaving behind parents who were still working, still putting my siblings through school. Parents with permanent and pensionable jobs, who were still paying the mortgage on their modest “maisonette” in a middle class Nairobi neighbourhood.

In those pre-Internet, pre-WhatsApp days, much use was made of the post office and I have kept the piles of aerogramme letters that used to bring me news of home. In those letters my parents said nothing of the deteriorating economic situation, unwilling to burden me with worries about which I could do nothing, keeping body and soul together being just about all I could manage in that foreign land where I had gone to further my education.

My brother Tony’s letters should have warned me that all was not well back home but he wrote so hilariously about the status conferred on those men who could afford second-hand underwear from America, complete with stars and stripes, that the sub-text went right over my head. I came back home for the first time after five years — having left college and found a first job — to find parents that had visibly aged beyond their years and a home that was palpably less well-off financially than when I had left. I’m a Kicomi girl and something in me rebelled against second-hand clothes, second-hand things. It seemed that in my absence Kenya had regressed to the time before independence, the years of hope and optimism wiped away by the neoliberal designs of the Bretton Woods twins. I remember wanting to flee; I wanted to go back to not knowing, to finding my family exactly as I had left it — seemingly thriving, happy, hopeful.

Now, after eight years of irresponsible government borrowing, it appears that I am to experience the effects of a Structural Adjustment Programme first-hand, and I wonder how things could possibly be worse than they already are.

When speaking to Nancy* a couple of weeks back about the COVID-19 situation at the Nyahururu County Referral Hospital in Laikipia County, she brought up the issue of pregnant women having to share beds in the maternity ward yet — quite apart from the fact that this arrangement is unacceptable whichever way you look at it — patients admitted to the ward are not routinely tested for COVID-19.

Nancy told me that candidates for emergency caesarean sections or surgery for ectopic and intra-abdominal pregnancies must wait their turn at the door to the operating theatre. Construction of a new maternity wing, complete with its own operating theatre, has ground to a halt because, rumour has it, the contractor has not been paid. The 120-bed facility should have been completed in mid-2020 to ease congestion at the Nyahururu hospital whose catchment area for referrals includes large swathes of both Nyandarua and Laikipia counties because of its geographical location.

According to Nancy, vital medicine used to prevent excessive bleeding in newly delivered mothers has not been available at her hospital since January; patients have to buy the medication themselves. This issue was also raised on Twitter by Dr Mercy Korir who, referring to the Nanyuki Teaching and Referral Hospital — the only other major hospital in Laikipia County — said that lack of emergency medication in the maternity ward was putting the lives of mothers at risk. Judging by the responses to that tweet, this dire situation is not peculiar to the Nanyuki hospital; how much worse is it going to get under the imminent SAP?

Kenya was among the first countries to sign on for a SAP in 1980 when commodity prices went through the floor and the 1973 oil crisis hit, bringing to a painful halt a post-independence decade of sustained growth and prosperity. The country was to remain under one form of structural adjustment or another from then on until 1996.

Damaris Parsitau, who has written about the impact of Structural Adjustment Programmes on women’s health in Kenya, already reported in her 2008 study that, “at Nakuru District Hospital in Kenya, for example, expectant mothers are required to buy gloves, surgical blades, disinfectants and syringes in preparation for childbirth”. It would appear that not much has changed since then.

The constitution of the World Health Organisation states that “the enjoyment of the highest attainable standard of health is one of the fundamental rights of every human being without distinction of race, religion, political belief, economic or social condition” and that “governments have a responsibility for the health of their peoples which can be fulfilled only by the provision of adequate health and social measures.”

The WHO should have added gender as a discrimination criteria. Parsitau notes that “compared to men, women in Kenya have less access to medical care, are more likely to be malnourished, poor, and illiterate, and even work longer and harder. The situation exacerbates women’s reproductive role, which increases their vulnerability to morbidity and mortality.”

With economic decline in the 80s, and the implementation of structural adjustment measures that resulted in cutbacks in funding and the introduction of cost sharing in a sector where from independence the government had borne the cost of providing free healthcare, the effects were inevitably felt most by the poor, the majority of who — in Kenya as in the rest of the world — are women.

A more recent review of studies carried out on the effect of SAPs on child and maternal health published in 2017 finds that “in their current form, structural adjustment programmes are incongruous with achieving SDGs [Sustainable Development Goals] 3.1 and 3.2, which stipulate reductions in neonatal, under-5, and maternal mortality rates. It is telling that even the IMF’s Independent Evaluation Office, in assessing the performance of structural adjustment loans, noted that ‘outcomes such as maternal and infant mortality rates have generally not improved.’”

The review also says that “adjustment programmes commonly promote decentralisation of health systems [which] may produce a more fractious and unequal implementation of services — including those for child and maternal health — nationally. Furthermore, lack of co-ordination in decentralised systems can hinder efforts to combat major disease outbreaks”. Well, we are in the throes of a devastating global pandemic which has brought this observation into sharp relief. According to the Ministry of Health, as of the 6th of April, 325,592 people had been vaccinated against COVID-19. Of those, 33 per cent were in Nairobi County, which accounts for just 9.2 per cent of the country’s total population of 47,564,296 people.

The Constitution of Kenya 2010 provides the legal framework for a rights-based approach to health and is the basis for the rollout of Universal Health Coverage (UHC) that was announced by President Uhuru Kenyatta on 12 December 2018 — with the customary fanfare — as part of the “Big Four Agenda” to be fulfilled before his departure in 2022.

However, a KEMRI-Wellcome Trust policy brief states that UHC is still some distance to achieving 100 per cent population coverage and recommends that “the Kenyan government should increase public financing of the health sector. Specifically, the level of public funding for healthcare in Kenya should double, if the threshold (5% of GDP) … is to be reached” and that “Kenya should reorient its health financing strategy away from a focus on contributory, voluntary health insurance, and instead recognize that increased tax funding is critical.”

These recommendations, it would seem to me, run counter to the conditionalities habitually imposed by the IMF and it is therefore not clear how the government will deliver UHC nation-wide by next year if this latest SAP is accompanied by budgetary cutbacks in the healthcare sector.

With the coronavirus graft scandal and the disappearance of medical supplies donated by Jack Ma still fresh on their minds, Kenyans are not inclined to believe that the IMF billions will indeed go to “support[ing] the next phase of the authorities’ COVID-19 response and their plan to reduce debt vulnerabilities while safeguarding resources to protect vulnerable groups”, as the IMF has claimed.

#KOT have — with outrage, with humour, vociferously — rejected this latest loan, tweeting the IMF in their hundreds and inundating the organisation’s Facebook page with demands that the IMF rescind its decision. An online petition had garnered more than 200,000 signatures within days of the IMF’s announcement. Whether the IMF will review its decision is moot. The prevailing economic climate is such that we are damned if we do take the loan, and damned if we don’t.

Structural adjustment supposedly “encourages countries to become economically self-sufficient by creating an environment that is friendly to innovation, investment and growth”, but the recidivist nature of the programmes suggests that either the Kenyan government is a recalcitrant pupil or SAPs simply don’t work. I would say it is both.

But the Kenyan government has not just been a recalcitrant pupil; it has also been a consistently profligate one. While SAPs do indeed provide for “safeguarding resources to protect vulnerable groups”, political choices are made that sacrifice the welfare of the ordinary Kenyan at the altar of grandiose infrastructure projects, based on the fiction peddled by international financial institutions that infrastructure-led growth can generate enough income to service debt. And when resources are not being wasted on “legacy” projects, they are embezzled on a scale that literally boggles the mind. We can no longer speak of runaway corruption; a new lexicon is required to describe this phenomenon which pervades every facet of our lives and which has rendered the years of sacrifice our parents endured meaningless and put us in debt bondage for many more generations to come. David Ndii long warned us that this moment was coming. It is here.

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East Africa: A ‘Hotbed of Terror’

African states are involved in the War on Terror more than we think. They’re surrounded by an eco-system of the war industry.

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In late January, reports circulated on social media about a suspected US drone strike in southern Somalia, in the Al-Shabaab controlled Ma’moodow town in Bakool province. Debate quickly ensued on Twitter about whether the newly installed Biden administration was responsible for this strike, which was reported to have occurred at 10 p.m. local time on January 29th, 2021.

Southern Somalia has been the target of an unprecedented escalation of US drone strikes in the last several years, with approximately 900 to 1,000 people killed between 2016 and 2019. According to the nonprofit group Airwars, which monitors and assesses civilian harm from airpower-dominated international military actions, “it was under the Obama administration that a significant US drone and airstrike campaign began,” coupled with the deployment of Special Operations forces inside the country.

Soon after Donald Trump took office in 2017, he signed a directive designating parts of Somalia “areas of active hostilities.” While the US never formally declared war in Somalia, Trump effectively instituted war-zone targeting rules by expanding the discretionary authority of the military to conduct airstrikes and raids. Thus the debate over the January 29 strike largely hinged on the question of whether President Joe Biden was upholding Trump’s “flexible” approach to drone warfare―one that sanctioned more airstrikes in Somalia in the first seven months of 2020 than were carried out during the administrations of George W. Bush and Barack Obama, combined.

In the days following the January 29 strike, the US Military’s Africa Command (AFRICOM) denied responsibility, claiming that the last US military action in Somalia occurred on January 19, the last full day of the Trump presidency. Responding to an inquiry from Airwars, AFRICOM’s public affairs team announced:

We are aware of the reporting. US Africa Command was not involved in the Jan. 29 action referenced below. US Africa Command last strike was conducted on Jan. 19. Our policy of acknowledging all airstrikes by either press release or response to query has not changed.

In early March, The New York Times reported that the Biden administration had in fact imposed temporary limits on the Trump-era directives, thereby constraining drone strikes outside of “conventional battlefield zones.” In practice, this means that the US military and the CIA now require White House permission to pursue terror suspects in places like Somalia and Yemen where the US is not “officially” at war. This does not necessarily reflect a permanent change in policy, but rather a stopgap measure while the Biden administration develops “its own policy and procedures for counterterrorism kill-or-capture operations outside war zones.”

If we take AFRICOM at its word about January 29th, this provokes the question of who was behind that particular strike. Following AFRICOM’s denial of responsibility, analysts at Airwars concluded that the strike was likely carried out by forces from the African Union peacekeeping mission in Somali (AMISOM) or by Ethiopian troops, as it occurred soon after Al-Shabaab fighters had ambushed a contingent of Ethiopian troops in the area. If indeed the military of an African state is responsible for the bombing, what does this mean for our analysis of the security assemblages that sustain the US’s war-making apparatus in Africa?

Thanks to the work of scholars, activists, and investigative journalists, we have a growing understanding of what AFRICOM operations look like in practice. Maps of logistics hubs, forward operating sites, cooperative security locations, and contingency locations―from Mali and Niger to Kenya and Djibouti―capture the infrastructures that facilitate militarism and war on a global scale. Yet what the events of January 29th suggest is that AFRICOM is situated within, and often reliant upon, less scrutinized war-making infrastructures that, like those of the United States, claim to operate in the name of security.

A careful examination of the geographies of the US’s so-called war on terror in East Africa points not to one unified structure in the form of AFRICOM, but to multiple, interconnected geopolitical projects. Inspired by the abolitionist thought of Ruth Wilson Gilmore, who cautions activists against focusing exclusively on any one site of violent exception like the prison, I am interested in the relational geographies that sustain the imperial war-making infrastructure in Africa today. Just as the modern prison is “a central but by no means singularly defining institution of carceral geography,” AFRICOM is a fundamental but by no means singularly defining instrument of war-making in Africa today.

Since the US military’s embarrassing exit from Somalia in 1993, the US has shifted from a boots-on-the ground approach to imperial warfare, instead relying on African militaries, private contractors, clandestine ground operations, and drone strikes. To singularly focus on AFRICOM’s drone warfare is therefore to miss the wider matrix of militarized violence that is at work. As Madiha Tahir reminds us, attack drones are only the most visible element of what she refers to as “distributed empire”—differentially distributed opaque networks of technologies and actors that augment the reach of the war on terror to govern more bodies and spaces. This dispersal of power requires careful consideration of the racialized labor that sustains war-making in Somalia, and of the geographical implications of this labor. The vast array of actors involved in the war against Al-Shabaab has generated political and economic entanglements that extend well beyond the territory of Somalia itself.

Ethiopia was the first African military to intervene in Somalia in December 2006, sending thousands of troops across the border, but it did not do so alone. Ethiopia’s effort was backed by US aerial reconnaissance and satellite surveillance, signaling the entanglement of at least two geopolitical projects. While the US was focused on threats from actors with alleged ties to Al-Qaeda, Ethiopia had its own concerns about irredentism and the potential for its then-rival Eritrea to fund Somali militants that would infiltrate and destabilize Ethiopia. As Ethiopian troops drove Somali militant leaders into exile, more violent factions emerged in their place. In short, the 2006 invasion planted the seeds for the growth of what is now known as Al-Shabaab.

The United Nations soon authorized an African Union peacekeeping operation (AMISOM) to “stabilize” Somalia. What began as a small deployment of 1,650 peacekeepers in 2007 gradually transformed into a number that exceeded 22,000 by 2014. The African Union has emerged as a key subcontractor of migrant military labor in Somalia: troops from Burundi, Djibouti, Ethiopia, Kenya, and Uganda deployed to fight Al-Shabaab are paid significantly higher salaries than they receive back home, and their governments obtain generous military aid packages from the US, UK, and increasingly the European Union in the name of “security.”

But because these are African troops rather than American ones, we hear little of lives lost, or of salaries not paid. The rhetoric of “peacekeeping” makes AMISOM seem something other than what it is in practice—a state-sanctioned, transnational apparatus of violent labor that exploits group-differentiated vulnerability to premature death. (This is also how Gilmore defines racism.)

Meanwhile, Somali analyst Abukar Arman uses the term “predatory capitalism” to describe the hidden economic deals that accompany the so-called stabilization effort, such as “capacity-building” programs for the Somali security apparatus that serve as a cover for oil and gas companies to obtain exploration and drilling rights. Kenya is an important example of a “partner” state that has now become imbricated in this economy of war. Following the Kenya Defense Forces (KDF) invasion of Somalia in October 2011, the African Union’s readiness to incorporate Kenyan troops into AMISOM was a strategic victory for Kenya, as it provided a veneer of legitimacy for maintaining what has amounted to a decade-long military occupation of southern Somalia.

Through carefully constructed discourses of threat that build on colonial-era mappings of alterity in relation to Somalis, the Kenyan political elite have worked to divert attention away from internal troubles and from the economic interests that have shaped its involvement in Somalia. From collusion with Al-Shabaab in the illicit cross-border trade in sugar and charcoal, to pursuing a strategic foothold in offshore oil fields, Kenya is sufficiently ensnared in the business of war that, as Horace Campbell observes, “it is not in the interest of those involved in this business to have peace.”

What began as purportedly targeted interventions spawned increasingly broader projects that expanded across multiple geographies. In the early stages of AMISOM troop deployment, for example, one-third of Mogadishu’s population abandoned the city due to the violence caused by confrontations between the mission and Al-Shabaab forces, with many seeking refuge in Kenya. While the mission’s initial rules of engagement permitted the use of force only when necessary, it gradually assumed an offensive role, engaging in counterinsurgency and counterterror operations.

Rather than weaken Al-Shabaab, the UN Monitoring Group on Somalia observed that offensive military operations exacerbated insecurity. According to the UN, the dislodgment of Al-Shabaab from major urban centers “has prompted its further spread into the broader Horn of Africa region” and resulted in repeated displacements of people from their homes. Meanwhile, targeted operations against individuals with suspected ties to Al-Shabaab are unfolding not only in Somalia itself, but equally in neighboring countries like Kenya, where US-trained Kenyan police employ military tactics of tracking and targeting potential suspects, contributing to what one Kenyan rights group referred to as an “epidemic” of extrajudicial killings and disappearances.

Finally, the fact that some of AMISOM’s troop-contributing states have conducted their own aerial assaults against Al-Shabaab in Somalia demands further attention. A December 2017 United Nations report, for example, alleged that unauthorized Kenyan airstrikes had contributed to at least 40 civilian deaths in a 22-month period between 2015 and 2017. In May 2020, senior military officials in the Somali National Army accused the Kenyan military of indiscriminately bombing pastoralists in the Gedo region, where the KDF reportedly conducted over 50 airstrikes in a two week period. And in January 2021, one week prior to the January 29 strike that Airwars ascribed to Ethiopia, Uganda employed its own fleet of helicopter gunships to launch a simultaneous ground and air assault in southern Somalia, contributing to the deaths—according to the Ugandan military—of 189 people, allegedly all Al-Shabaab fighters.

While each of the governments in question are formally allies of the US, their actions are not reducible to US directives. War making in Somalia relies on contingent and fluid alliances that evolve over time, as each set of actors evaluates and reevaluates their interests. The ability of Ethiopia, Kenya, and Uganda to maintain their own war-making projects requires the active or tacit collaboration of various actors at the national level, including politicians who sanction the purchase of military hardware, political and business elite who glorify militarized masculinities and femininities, media houses that censor the brutalities of war, logistics companies that facilitate the movement of supplies, and the troops themselves, whose morale and faith in their mission must be sustained.

As the Biden administration seeks to restore the image of the United States abroad, it is possible that AFRICOM will gradually assume a backseat role in counterterror operations in Somalia. Officially, at least, US troops have been withdrawn and repositioned in Kenya and Djibouti, while African troops remain on the ground in Somalia. Relying more heavily on its partners in the region would enable the US to offset the public scrutiny and liability that comes with its own direct involvement.

But if our focus is exclusively on the US, then we succumb to its tactics of invisibility and invincibility, and we fail to reckon with the reality that the East African warscape is a terrain shaped by interconnected modes of power. The necessary struggle to abolish AFRICOM requires that we recognize its entanglement in and reliance upon other war-making assemblages, and that we distribute our activism accordingly. Recounting that resistance itself has long been framed as “terrorism,” we would do well to learn from those across the continent who, in various ways over the years, have pushed back, often at a heavy price.

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