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The Indomitable Yash Pal Ghai – Part 1: The Father of the Constitution

14 min read. Ghai’s natural aptitude, not just for the law but also as an educator, quickly became clear. While teaching in Dar, he co-authored (with his colleague and friend, Patrick McAuslan) what would become one of his most well-known books, Public Law and Political Change in Kenya.

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The Indomitable Yash Pal Ghai: The Father of the Constitution
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On an otherwise ordinary Nairobi day in 2016, Yash Pal Ghai stood in a hallway of the Supreme Court of Kenya, waiting to have lunch with his former student and friend, Chief Justice Willy Mutunga. Ghai, carrying his usual striped cloth bag, its worn strap tied in a knot and its edges frayed, waited patiently, his unassuming nature belying his reputation as one of the world’s foremost experts in constitutional law.

Ghai soon noticed activity around the Chief Justice’s office. Mutunga had gone in, followed by several senior judges, many of whom had been Ghai’s students in the early days of Kenya’s independence. When he was finally called in, Ghai was taken aback by the arrangements in the room, which had been set up to swear him into the Roll of Advocates of Kenya. Mutunga had arranged it as a surprise.

Now, at 78 years of age, and after having waited nearly half a century for this day, the father of the Constitution of Kenya – his small, slender frame concealed beneath a billowing, black robe and a white barrister’s wig hiding the silver wisps of his iconic, unruly hair – cut a distinctive figure in the room. “As Chief Justice, it was my singular and great honour to admit Yash in the Roll of Advocates on June 10, 2016, six days before I retired. I fought tears as I conducted this ceremony. It seemed like a culmination of brother-comrade-friend-teacher-student-patriot.”

It was a meaningful moment for Ghai as well, but – ever the professor – his memory of the day is dominated by pride in his student. “To see Willy, my former student, as Chief Justice, was very meaningful. I had kind of given up on practicing law at that point, so being sworn in was quite moving.”

It had been a long and circuitous journey, but Ghai was finally home. For Mutunga and many others, the moment was highly symbolic, a mark of rightful return, a sign that Ghai – whose lifelong work in the service of people’s rights had been done while in exile from his home – was finally back where he had always belonged.

Growing Up in Colonial Kenya

It may come as a surprise, given his long and illustrious career, but law was not Ghai’s first career choice. In fact, when he left Kenya for the University of Oxford in 1956, the young Ghai had been intent on studying English Literature. “I loved reading novels,” he remembers with a smile. “My father used to give me fifty shillings a month, and I would hoard it and hoard it until I could buy a Jane Austen novel. I thought I might be an English teacher.” When he wasn’t absorbed in an Austen novel – Pride and Prejudice being his favourite – young Ghai could be found with his best friend, Dushyant Singh, the son of esteemed High Court Judge Chanan Singh.

The youngest of six children, Ghai remembers a happy childhood. His family was close, and he was, in his own words, “slightly pampered” by his older siblings. Ghai’s home in Ruiru was behind his father’s store, Mulkraj Ghai Shops, a popular stop for the area’s coffee farmers. “We sold everything, from kerosene, to food, to general supplies. The farmers would come in the morning to place their orders, and by the time they returned in the evening my father would have prepared and packed each order.” Kenya in the 1940s was heavily segregated, and – aside from one notable exception – Ghai says he rarely saw a non-white customer. That exception was none other than Jomo Kenyatta. “At the time, Africans were not allowed to drink, but he used to drink a lot. He would come to the shop, and my father would take him up to our place, close the curtains and give him a drink. My mother would give them lunch. My father could have been jailed if anyone had ever known that.” Kenyatta, who developed a close friendship with Ghai’s father, took a special interest in the youngest Ghai. He would often ask to see the youngster, bringing him fruit from his farm. Ghai remembers seeing Kenyatta after he was released from prison. “When I had come home from Oxford, Kenyatta had just been released and he asked my father why he hadn’t taken me to visit him and my father told him that the queues of people waiting to see him were so interminably long! So he arranged for us to see him specially. There is a picture of us all together about a week after he was released.”

Yash Pal Ghai with brother Dharam, two of his three sisters and another relative.

The success of his father’s shop blessed Ghai with a relatively easy childhood. He spent the week in Nairobi, where he went to school and was cared for by his grandmother, and returned to Ruiru on the weekends. His father emphasised the importance of education, and Ghai worked hard, excelling in school. In fact, when Princess Margaret visited Kenya in 1956, Ghai, as the top student in his school, was chosen to present her with a bouquet of flowers. Unbeknownst to him, it would be his first claim to fame. “In those days, the British had their own propaganda thing. There were huge, outdoor screens, and they would show these clips. It would start with news about the country, and then they would show a cowboy movie,” Mutunga laughingly remembers. “I saw Yash in that clip. That was the first time I saw him.” When asked about the moment, Ghai laughs quietly. “I fell in love with Princess Margaret.” Indeed, Mutunga says, “You know, the way the British did those documentaries was very, very interesting. A lot of us became monarchists as young kids after seeing those beautiful women and queens.”

The reality of segregated living meant that young Ghai had virtually no substantive interaction with the white, British population in Kenya. What little interaction he did have, though, showed the young Ghai how very different life was for some Kenyans. “We wouldn’t be allowed anywhere near any British home. We didn’t know any British kids.” In fact, as he now looks out over his garden in Muthaiga, Ghai describes his initial reluctance to live in the neighbourhood. “I remember dogs barking at me here. They would bark at any non-white person. I never wanted to be here.”

Most of the inter-racial interactions he did have in his youth occurred at school, especially during athletic competitions. Once a year, he remembers, the leading schools in Nairobi, each segregated by race, would have athletics competitions. “I took part in athletics. We would always lose, because the Prince of Wales School (for white students) had coaches and equipment. You were on the field together, but then at intervals you went back to your own side. We didn’t even get to know their names.”

Segregation was just one manifestation, however, of the harsh reality of inequality all around him. Ghai remembers witnessing insults and beatings on the streets. “As a kid, when I used to see people being beaten up, I couldn’t do much. The injustice of it left a very deep impression on me, the unfairness of it.” By the time Ghai was ready for university, he had been personally bruised by the harsh mark of racism as well.

As he was preparing to apply for university admission, Ghai was advised to seek assistance from the Ministry of Education. He recounts, “In the Ministry, I saw a lift and I had never been in one. So I got into the lift. I was about to go, and suddenly three white men came in and asked me what I was doing. They physically picked me up and threw me out, and I ended up on the floor. I was so shattered. I thought, ‘How can they just throw me like this?’ ” Taking the stairs instead, Ghai eventually reached the office of Mrs. Brotherton, who, Ghai had been told, could help with the university admissions process. “She asked me where I wanted to go. I said, ‘Oxford.’ She looked at me and smiled and said, ‘You? You want to go to Oxford?’ She laughed at me and then mentioned two or three other universities. ‘You really think you could go to Oxford?’ she taunted. I said that I wanted to try. She asked me if I had received a credit in my ‘O-levels.’ And I said, ‘No.’ She smiled and said, ‘See? You didn’t even get a credit in your exams.’ That’s when I said, ‘Madam, I did not get a credit. I got a distinction.’ She was so angry with me. She told me she didn’t think Oxford was good for me.”

It was a defining moment for Ghai, who had received the highest O-level results in Kenya. Instead of embittering him, however, the experience motivated him to forge ahead. In fact, when he spoke to his teachers at the newly opened Gandhi Academy, which would eventually become the University of Nairobi, they wrote to Queens College to recommend him. After passing the entrance exam, Ghai was accepted at Oxford. Given his intent to pursue literature, however, the university urged him to study Latin so that he would be prepared. “My teachers helped me get tutorials for Latin. They got this chap to come from the Prince of Wales School twice a week and tutor me. My school arranged it. I was quite pleased that this chap drove up and took the time. I thought, ‘He’s English but he’s quite nice.’ ”

Oxford (Queen’s College) welcomed Ghai, but it was an adjustment. “In the beginning, I was nervous in all kinds of ways – there were all these bright people, etc. I didn’t even know how to eat food British style. The British Council had set up a course on how to eat, and I attended that to learn how to use utensils. I would look at other people, and I got a complex about knowing which spoon to use.” Ghai quickly made friends, pursuing his love of sports and the outdoors. He also enjoyed time with his brother, who was still at Oxford, and with Singh, who was studying in Bristol. The two kept in touch, hitchhiking around Europe during their holidays.

Soon, however, Ghai realised that studying English literature was not what he had expected. “It was very difficult, because at Oxford they started four centuries before Austen. It was hard to read old English, and I just couldn’t cope. So I went to my tutor. He was understanding, and he asked me what I wanted to do instead of English. Even though my second love was history, I chose law.”

Ghai excelled at Oxford, so much so that, when he achieved the highest exam scores in the university, the College Provost told him that the College would henceforth take care of his fees. After graduating with his Bachelor’s degree in 1961, Ghai applied to undertake graduate work at Oxford’s Nuffield College. It was while at Nuffield, where he was studying comparative Commonwealth constitutions for his doctorate, that Ghai was approached by his former tutor. “He raised the idea of Harvard. I hadn’t really thought about it, but he said, ‘Why not take a break from Oxford and go to Harvard?’ He said I could come back later and finish my thesis. I wondered if the College would really allow something like that. He was such a nice person, and he wrote to his friends there. Harvard gave me a grant and a generous allowance.” At Harvard, Ghai completed a Masters in Law and also took courses related to his doctoral thesis.

And it was at Harvard that Ghai met William Twining, the son of the former Governor of Tanganyika, who would become a lifelong friend. Twining had just started a law school, along with AB Weston, in Dar es Salaam. The University of East Africa, as it was then known, was recruiting professors. “People were telling me that Twining was around and was looking for me. It turned out that he was looking for staff. When we met, he said, ‘I’ve come to pick you up.’ ‘Pick me up?’ I laughed it off.” Although he was tempted, Ghai was concerned about finishing his doctorate, especially because Nuffield had been so good to him. It turned out, however, that Twining had already spoken to Oxford and the university was very supportive, encouraging Ghai to take the position in Dar. “After a lot of thinking and consideration of the fact that this was the first time Africans would have had a chance to study law [in East Africa], I thought it would be good to do this. Twining had already recruited four or five teachers. I ended up going at short notice.” Although Ghai would continue to work on his doctoral thesis once in Dar, even publishing several chapters, he never had the chance to finish it. In 1992, the University of Oxford honoured Ghai with a “higher doctorate” in Civil Law. While ordinary doctorates are earned through a defined program of study, higher doctorates are awarded only through a nomination process and a review of a scholar’s research work over a period of time. Ghai is among only 96 recipients of this degree since 1923.

A Young Professor in Dar es Salaam

In 1963, Ghai, at only 25 years of age, accepted his first professional position as a lecturer of law at the University of East Africa at Dar es Salaam. It was a heady, idealistic time for the young graduate, as well as for the wider society. According to Professor Bill Whitford, Ghai’s colleague and lifelong friend, Dar was one of the most desirable places in terms of legal education at the time. “There was a wide range of people from all over the world, and the students were fantastic. The law school admitted only 100 students per year, and they were superb. The other thing was that this was [Tanzanian President Julius] Nyerere’s most creative period, and thoughts about creating a new society were all over the place. Everything was up for debate. It was a very hopeful time.”

Indeed, Ghai describes his time in Dar as “most formative” in terms of his professional growth; he was acutely aware of the significance of his role. “It was the first time black Africans were being allowed to study law [in Africa],” he remembers. “People didn’t know much about law other than that this is what the British used to beat you. We were aware that the students who left us could soon be judges or senior government officials, and we were conscious of inculcating in them the sense that law could be used for the promotion of good values.”

This conviction of his responsibility to inspire students to use the law to work for the betterment of society, to seize and channel the fervour of newfound independence in the direction of an equal, democratic post-colonial Africa, is partly responsible for Ghai’s break with the legal positivist tradition in which he had been trained, opting for what came to be known as “legal radicalism” or “law in context.” This approach, which sought to understand and interpret the law within the social, political and economic contexts in which it functioned, was not the norm at the time. In the new era of independence, however, Ghai and others like him believed it was critical for lawyers to understand how the existing law had come to be and how it might need to change to suit the rapidly evolving needs of newly independent nations. Writing about his years in Dar, Ghai says, “It was not long before I became acutely uncomfortable with endless explorations of the rules of privity and consideration, and became conscious of the unreality of the emphasis on the common law when it touched only a small segment of the population.”

Indeed, Mutunga credits Ghai for this approach. “We were taught law within its historical, socio-economic, cultural, and political contexts, thus departing from the conservative legal positivism with its clarion call that ‘law is the law is the law.’ We undertook to study, research, and practice law never in a vacuum. Above all, we anchored law in politics and shunned legal centralism. Our approaches were multi-disciplinary.” At the same time, however, Ghai ensured that his students were well grounded in traditional law. Mutunga describes the high standards Ghai held as a teacher, demanding that his students become masters of “staunch positivism” while having the skills to interrogate that tradition. Mutunga describes Ghai’s approach as a “fantastic balance,” recalling how his professor’s exams required students to address three questions dealing with technical aspects of the law and two questions asking students to critique the legal rules. “Dar law graduates could regard themselves as ‘learned,’ as we were distinguishable from other pretenders to the ‘learned’ tag.” Mutunga considered Dar to be his “liberation Mecca,” the place where he developed his own intellectual, ideological, and political positions.

Not everyone was a fan of this approach. Mutunga describes how some students were not interested in studying context. Already assured of high level jobs, these students “just wanted to know the rules so they could go out there and practice.” They were not interested in learning context. Some students wanted to “finish things and get marks. They had gone to law school to be ‘big people’.” Ghai himself has questioned legal radicalism, wondering if his students were at a disadvantage for not having trained as traditional lawyers. Mutunga, who adopted Ghai’s approach when he became a professor, disagrees, explaining that his own students have expressed how the approach of law in context helped them cultivate a more holistic approach to the law, and to an understanding of the law.

Ghai’s natural aptitude, not just for the law but also as an educator, quickly became clear. While teaching in Dar, he co-authored (with his colleague and friend, Patrick McAuslan) what would become one of his most well-known books, Public Law and Political Change in Kenya. Although his primary motive in writing the book was to provide a textbook for his students, who did not have authoritative texts on the laws of newly independent East Africa, Public Law became one of the most widely cited works related to Kenyan law. When it was published in 1970, Ghai was just 32 years old.

The authors wrote that they wished to provide an analysis and critique of Kenya’s development since early colonial times as seen through the processes of law:

We have never understood the function of the law teacher or writer to be the mere reciter of rules whose merit is to be gauged by the quantity of information he can relay. All African countries have great need for lawyers who can take their eyes off the books of rules, who can see more to law than a set of statutes and law reports . . . The law student must constantly be brought up against questions such as . . . what is this law designed to achieve, what set of beliefs lie at the back of this law . . . a text should aim to stimulate, even aggravate, not stupefy, and that is what we have tried to do here.

Their analysis was incisive and sometimes harsh, blatantly questioning, for instance, increasing executive power and the trampling of the Bill of Rights, which they said was so ineffective that they wondered why it remained a part of the Constitution at all.

George Kegoro, the Executive Director of the Kenya Human Rights Commission, refers to Public Law as “the bible,” and “easily the most widely cited book in Kenyan law.” Kegoro says, “At independence, everybody was trying to establish a frame of analysing Kenya and Kenyan society. How do you analyse society? What are the constituent components? He provides that within the book. There was no clarity about where the tails were, where the heads were. And what he did was to show us where the tails and heads were. It has held sway up to now. It is still very much a valued way of analysing Kenyan society, which is why the book gets cited over and over and over again. It is one of the reasons why he is a legend.” Kegoro pauses, then adds – with incredulity – “And he never talks about it himself! Ever, ever!”

In fact, despite his growing success, Ghai remained down-to-earth. He strove, in many ways, to be a peer of his students. “Yash belonged to a group of law professors and lecturers who did not carry the tag of ‘academic terrorists’. We reserved that tag for the faculty who clearly did not like to teach, did not like students, and suffered from egos and serious intellectual arrogance. Invariably, they treated us as intellectually inferior, adopted a pulpit lecture system where they ordered not to be interrupted while lecturing. Questions were to be asked during tutorials. Yash and others were different. They were approachable, treated us as equals in the word and spirit of the intellectual culture in Tanzania. “All students were Yash’s friends,” recalls Mutunga.

Indeed, Ghai’s ease with people placed him in the middle of a wide social circle, made up of students and colleagues. Despite his work, which was significant, Ghai invested time in creating and maintaining deep and often lifelong relationships with people around him. Mutunga explains, “He was always likable and great company in and out of class. Bear in mind Yash became a full professor at the tender age of 32. In all respects he wanted us to see him and treat him as a brother. Many of us were in our mid-20s. Today, whenever I communicate to Yash I sign off, Nduguyo/Your brother because of a relationship that spans almost over five decades.” Whitford describes Ghai’s ability to balance a social life with his professional duties. “He cooked, and he was an excellent cook! What male Asians cooked at that time?” Whitford asks in amazement. “He didn’t have servants, because he didn’t want to have that kind of relationship with anyone. He was a democratic socialist from the word ‘go.’ He entertained but was also very intellectual. It was typical to see him walking around with his arms full of papers all the time.”

Just as Dar es Salaam was a site where he flourished professionally, it was a place where home took on a new meaning. It was while in Dar that Ghai met and married his first wife, Karin Englund, who was from Sweden. Their daughter, Indira, was born in Dar in 1971. He remembers a pleasant life, with a house by the sea.

Ghai’s tenure in Dar was one of the most dynamic periods of his life. He quickly climbed the ranks, becoming the first East African dean of the University of East Africa’s law school in 1970. He was also personally approached by Tanzanian President Nyerere, who asked him for assistance in the development of the Tanzanian constitution. He admired Nyerere, who gave him complete freedom to say what he believed.

Interestingly, it was also while he was teaching in Dar that Ghai met his future wife, Jill Cottrell, for the first time. “I first met him in 1969. I was doing my Masters at Yale, and my supervisor had taught for a year in Dar. He knew Yash, who was at Yale on a short visit. My supervisor invited a group of people who had some connection to East Africa over for dinner, and then he invited me, although I didn’t know any of these people.” Cottrell Ghai laughs, remembering the evening. “He said, ‘I am going to introduce you to a glamorous man, but I think he’s going to get engaged.’ He did get married soon after that.”

Over time, however, the environment in Dar became increasingly stressful. In his reflections on this time, Ghai writes of more and more racism. “For despite the scholarly analysis of some Marxists, what passed in general for radicalism in those days included a large amount of racism and xenophobia. I remember overhearing the wife of a Tanzanian colleague – a self-proclaimed Marxist – that she would not rest in peace unless she saw that muhindi (Indian) out of the country – that muhindi being me!” In fact, a growing drive to “Africanise” things, along with the University of Nairobi’s continued and persistent invitations to return to Kenya and assume the deanship at the law school, tempted Ghai to finally accept the offer.

Disclaimer: This article is meant as a brief overview of Professor Yash Pal Ghai’s life and career. While it aims to shed light on some of his personal and professional experiences, it is not a comprehensive account.

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Seema Shah is an elections expert with experience in North America, Asia and Africa. She holds a doctorate in Political Science, and her research focuses on electoral politics, with an emphasis on electoral integrity and electoral violence.

Politics

Kibra: The Face of Kenyan Politics to Come?

4 min read. What does the Kibra by-election portend for the future of Kenya’s politics? Renowned photographer CARL ODERA captures the sights.

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“The most painful state of being is remembering the future, particularly the one you’ll never have.”― Søren Kierkegaard

Located about 6.6 kilometres from Nairobi city centre, Kibra is a sprawling informal settlement with an estimated population of about 200,000 people. Majority of Kibra residents live in extreme poverty. Unemployment rates are high, persons living with HIV/AIDS are many, and cases of assault and rape common. Clean water is scarce. Diseases caused by this lack of water are common. The majority living in the informal settlement lack access to basic services including electricity, running water, and medical care.

But this photo essay is not about the peddled quintessential cliché narrative depiction of Kibra as Africa’s biggest slum’ – itself a false assertion. Rather, Kibra has historically been Nairobi’s most vibrant political constituency; its residents often at the forefront of agitation for expansion of political space in Kenya; and, the most enthusiastic demonstrators at political meetings where the opposition is pitched against an apparently recalcitrant ruling elite. The Kibra by-election is also the political backyard of Raila Odinga, leader of the Orange Democratic Movement and the most enduring fixture in opposition leadership since the early 1990s. Currently, in an alliance with the President Uhuru Kenyatta, the Kibra by-election was occasioned by the death on the 26th of July 2019 of Ken Okoth, 41, the area’s dynamic, popular and highly effective MP.

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The demise of Ken Okoth left the seat open for a contest directly between Raila Odinga, whose family has dominated the area for decades and the Deputy President William S. Ruto who is determined to entrench himself as the only viable successor to Kenyatta who is currently serving his last constitutionally mandated term. As such the Kibra by-election of November 7 marked the unofficial commencement of the 2022 campaign season in Kenya with Ruto’s aggressive raid into Odinga’s ‘political bedroom’.

Deputy President William Ruto and Jubilee candidate McDonald Mariga in Kibra's DC Grounds on Sunday.

Deputy President William Ruto and Jubilee candidate McDonald Mariga in Kibra’s DC Grounds on Sunday.

ODM leader Raila Odinga with party flag-bearer Bernard Imran Okoth (left) sings the national anthem at a rally on Kiambere Road.

ODM leader Raila Odinga with party flag-bearer Bernard Imran Okoth (left) sings the national anthem at a rally on Kiambere Road.

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The by-election to fill the position left vacant following the death of the area MP, Okoth, attracted 24 candidates, ODM candidate Imran Okoth, Jubilee’s McDonald Mariga and Eliud Owalo of Amani National Congress, were the dominant players.

Endorsed football star McDonald Mariga

Endorsed football star McDonald Mariga

 Rally to drum up support for Imran Okoth, ODM's candidate for Kibra by-election.

Rally to drum up support for Imran Okoth, ODM’s candidate for Kibra by-election.

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Days to the parliamentary by-election there were reports of fracas between warring factions. Rowdy residents, for instance, kicked former Kakamega senator Boni Khawale out of Kibra upon his arrival in Laini Saba ward, claiming it was ODM’s bedroom.

Destruction of property was also reported.

Milly Achieng, a tailor-resident of Kibra told the Elephant that supporters of an opposing candidate recently went and attacked one of her friends and fellow party member and demolished her house. She was forced to flee Kibra with her children.

A family house demolished in a political violence encounter in Kibra.

A family house demolished in a political violence encounter in Kibra.

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The Kibra by-election received wide support from leaders across the political divide. Governors Charity Ngilu, Alfred Mutua, Kivutha Kibwana and Anne Waiguru joined Raila Odinga and the ODM party in drumming up support for its candidate, Imran Okoth. The leaders announced that this by-election was the beginning of a new political movement that would drum up support for the Building Bridges Initiative (BBI) and ultimately forge an alliance for the 2022 General Election.

Charity Ngilu campaigning in Kibra to get the vote for ODM candidate Imran Okoth within the Kamba community

Charity Ngilu campaigning in Kibra to get the vote for ODM candidate Imran Okoth within the Kamba community

Governor Waiguru at Joseph Kangethe Grounds in Kibra on Sunday the 3rd of November to drum up support for the ODM candidate

Governor Waiguru at Joseph Kangethe Grounds in Kibra on Sunday the 3rd of November to drum up support for the ODM candidate

Raila Odinga and Machakos Governor Alfred Mutua arriving for a rally organised to woo Kamba voters to rally behind ODM candidate for Kibra constituency.

Raila Odinga and Machakos Governor Alfred Mutua arriving for a rally organised to woo Kamba voters to rally behind ODM candidate for Kibra constituency.

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On November 7, 2019, the polling stations across the constituency were opened by 6 am to a smooth start of voting throughout the day amidst a reportedly low voter turnout. The voting stations were closed immediately after the voting exercise was concluded and voter tallying began thereafter. Residents stood in groups waiting for the results.

A man carries his disabled friend to a polling station in Kibra's Laini Saba.

A man carries his disabled friend to a polling station in Kibra’s Laini Saba.

ODM leader Raila Odinga at Old Kibera Primary school polling station to cast his vote.

ODM leader Raila Odinga at Old Kibera Primary school polling station to cast his vote.

An election official marks an indelible ink stain on Amani Congress Party's candidate Eliud Owalo at Old Kibera.

An election official marks an indelible ink stain on Amani Congress Party’s candidate Eliud Owalo at Old Kibera.

Amani Party Congress party leader Musalia Mudavadi (right) accompanies party candidate Eliud Owalo at Old Kibera Primary school to cast his vote.

Amani Party Congress party leader Musalia Mudavadi (right) accompanies party candidate Eliud Owalo at Old Kibera Primary school to cast his vote.

A man shows his finger marked with phosphorous ink after voting

A man shows his finger marked with phosphorous ink after voting

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As counting of votes for Kibra by-election continued on the night of November the 7, Jubilee candidate McDonald Mariga conceded defeat to Orange Democratic Movement (ODM) party aspirant Imran Okoth.

In a Twitter post, Mariga called Okoth and congratulated him for his victory and promised to work together after the elections.

According to the results announced by the Independent Electoral Boundaries Commission (IEBC) on Friday, November 8, Imran Okoth garnered 24,636 votes beating Mariga by over half the total number of counted votes standing at 11,230 votes. ANC’s Eliud Owalo was a distant third, managing to garner a paltry 5,275 votes out of the 41,984 votes cast.

A child in Kibra celebrating Imran Okoth’s victory

A child in Kibra celebrating Imran Okoth’s victory

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Though the Kibra by-election has been deemed a win for Raila Odinga and the handshake and a loss for Ruto and the “tanga tanga” movement, these political battles have yet to translate into tangible benefits for the ordinary mwananchi whom they purport to fight for.

Nancy Akinyi, a resident of Sarang’ombe Ward, Kibra constituency

Nancy Akinyi, a resident of Sarang’ombe Ward, Kibra constituency

Written by Joe Kobuthi

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Politics

The Diplomatic Gaffe That Could Sour Relations Between Kenya and Somalia

10 min read. Have Kenya’s close ties with its “Man in Somalia”, Ahmed Madobe, created a rift between Mogadishu and Nairobi? RASNA WARAH explores the precarious relationship between the two neighbouring countries.

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The Diplomatic Gaffe That Could Sour Relations Between Kenya and Somalia
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On Saturday 12 October 2019, a plane carrying a high-level Kenyan delegation arrived in the Somali port city of Kismaayo for the inauguration of Ahmed Madobe as the president of Jubaland, a Somali federal state that borders Kenya. The delegation included Aden Duale, the Majority Leader in Kenya’s National Assembly, and Member of Parliament Yusuf Hassan Abdi, among others.

The arrival of Duale and his entourage of mainly Kenyan Somalis in Kismaayo broke several diplomatic protocols. The delegation did not make a courtesy call to Somali president Mohammed Abdullahi Farmaajo in Mogadishu before embarking on their journey to Kismaayo, and was, therefore, perceived as snubbing a sitting head of state. The visit reignited fears in Somalia that Kenya is trying to assert its authority in Somalia through puppet regional leaders such as Madobe who do Kenya’s bidding.

The visit also contravened a directive by President Farmaajo that all international flights to Kismaayo should first pass through Mogadishu’s Aden Adde international airport for inspection. By ignoring the directive, Duale and his delegation not only spurned an ally and a neighbour, but deepened fissures between Somalia and Kenya, two countries that already have tense relations due to an ongoing Indian Ocean maritime boundary dispute.

Farah Maalim, the former Deputy Speaker in Kenya’s National Assembly, had warned that the visit could damage Kenya’s diplomatic relations with Somalia and with other countries in the region. He advised Kenya to cut its ties with Madobe in order to foster a healthier and more amicable relationship with the Federal Government of Somalia in Mogadishu and with President Farmaajo. (It should be noted that President Farmaajo did not support Madobe’s election in the Jubaland polls and had backed a candidate from his own Marehan clan for the state presidency.)

Kenya’s Man in Somalia

Sheikh Ahmed Mohamed Islam, better known by his nickname Madobe, is often viewed as “Kenya’s Man in Somalia” because of the critical role he and his Ras Kamboni militia played in helping the Kenya Defence Forces (KDF) to push out Al Shabaab from the port city of Kismaayo in September 2012. Yet, despite being viewed as an ally of Kenya in its war against terror, Madobe is a man who has himself been associated with terrorist activities and radical elements that wreaked havoc in Somalia after the fall of the Islamic Courts Union (ICU) in 2006.

It is common knowledge that Madobe was a high-ranking official of the militant Islamic group Hizbul Islam, which was formed in 2009 by Sheikh Hassan Dahir Aweys – who has been designated as an international terrorist by the United States – before he joined the Kenyan forces. Madobe was the governor of Kismaayo in 2006 during the short and ill-fated rule of the ICU, a militant coalition of clan-based entities, businesspeople and Muslim clerics who sought to bring about a semblance of governance in Somalia, but which was ousted by US-backed Ethiopian forces because it was perceived as an Islamic fundamentalist group that would bring about the “Talibanisation” of Somalia.

Sheikh Ahmed Mohamed Islam, better known by his nickname Madobe, is often viewed as “Kenya’s Man in Somalia” because of the critical role he and his Ras Kamboni militia played in helping the Kenya Defence Forces (KDF) to push out Al Shabaab from the port city of Kismaayo in September 2012.

Madobe later joined and then defected from Al Shabaab (formed after the collapse of the ICU), ostensibly after protesting against its brutal methods. He later formed the Ras Kamboni militia to fight his former allies and to regain control over the prized port of Kismaayo, which was under the control of Al Shabaab when his militia and the Kenyan forces entered Somalia. (This could have been his primary motive for collaborating with the Kenyans.)

In his book Dirty Wars: The World is a Battlefield, American journalist Jeremy Scahill says that Madobe’s change of heart vis-à-vis Al Shabaab came about after he spent two years in an Ethiopian prison after he was captured while fleeing Ethiopian and American forces when the ICU fell. He then became “one of the new generation of US-backed warlords drawn from the rubble of the Islamic Courts Union”.

Some observers believe that because he already knew the lay of the land, and had similar objectives as the Kenyan forces – to gain control of Kismaayo, Al Shabaab’s economic base – Madobe was identified (and probably presented himself) as a natural ally of the Kenyans. That he belongs to the Ogaden clan, which has for years sought to control southern Somalia – one of the most heterogenous regions of Somalia that is home to several clans and which is also politically dominant in north-eastern Kenya – could also have worked to his advantage.

In the early part of 2011, prior to joining forces with Madobe’s militia, the Kenyan government had plans to support Mohamed Abdi Mohamed Gandhi, the former Minister of Defence and an Ogaden from the Jubaland region, to administer a potential Jubaland regional authority called “Azania” (also known as the Jubaland Initiative). It is believed that Ethiopia – Kenya’s “big brother” when it comes to regional military matters – opposed the creation of the Azania “buffer zone” between Kenya and Somalia as it was viewed as an Ogaden-dominated Kenyan project. It is likely that, because of its propensity to support warlords in Somalia, the Ethiopian government encouraged Kenya to work with the battle-hardened Madobe, whom they trusted more than the suave and cultured anthropologist Gandhi, who did not command any militia in Jubaland.

In May 2013, less than a year after Kismaayo fell to KDF (then re-hatted as AMISOM) and his militia, Madobe declared himself president of the self-styled state of Jubaland, which was not recognised by the central government in Mogadishu. It is believed that the Federal Government of Somalia had been supporting a rival group headed by Barre Aden Shire, who declared himself president of Jubaland moments after Modobe did.

Despite an Ethiopia-brokered agreement in August of the same year that stipulated that Madobe’s “interim administration” should hand over the port of Kismaayo to the central administration in Mogadishu within six months, there have been no signs of a handover to date. Somalia’s fragile “federalism” project to create semi-autonomous states also seems to be suffering from a lack of clarity or direction. Meanwhile, eleven years after Kenyan boots entered Somalia, there seems to be no stabilisation plan for the region, nor any exit strategy for the Kenyan forces.

Clan politics and fears of secession

Some Somali analysts and conspiracy theorists believe that Kenya does not want to see a strong and stable Somalia because the latter would pose a threat to its own national political and economic interests. They say that Kenya seeks a weak – but friendly – Somalia because Kenya believes that a strong Somali state may revive aspirations for a “Greater Somalia” that would include the ethnic Somali-dominated Ogaden region in Ethiopia and the north-eastern region of Kenya.

The Somali analyst Afyare Abdi Elmi believes that both Kenya and Ethiopia have been manipulating Somalia’s political leadership and could actually be fuelling conflict in Somalia to maintain an upper hand in the country. In his book Understanding the Somalia Conflagration: Identity, Political Islam and Peacebuilding, published in 2010, he writes:

“Ethiopia, and to a lesser extent Kenya, have important stakes in either installing their own proxy government in Somalia or in perpetuating the Somali conflict for as long as they can. The strategies that Somalia’s hostile neighbours adopt differ. At a time when the world would not allow an opportunistic invasion, Ethiopia sent weapons and created warlords from different clans. After 9/11 Ethiopia and Kenya capitalised on the ‘war on terror’ and used it to their advantage. As such, Ethiopia invaded Somalia [in 2006] as part of a ‘war on terror’ campaign, albeit in pursuance of its own geographical interests. Kenya has also facilitated this invasion. This leads me to conclude that these countries are determined to block a viable and strong Somali state for as long as they can as their perception is based on a zero-sum understanding of power.”

However, Kenya’s and Somalia’s fears that ethnic Somalis within their territories pose a threat to national unity are not completely unfounded and have historical roots. In the 1960s, Somalia’s first president Aden Abdullah Osman supported secessionist movements in both Kenya and Ethiopia. Although the Somali government eventually entered into a truce with both countries and restored diplomatic relations, the 1969 coup d’etat revived ambitions of a Greater Somalia in President Siad Barre. In 1977, Barre initiated a war with Ethiopia in a bid to regain the Ogaden region. Memories of Barre’s attempts to take over the Ogaden in 1977 are still fresh in many Ethiopians’ minds

The Kenyan government, on the other hand, has been antagonistic and suspicious of its own ethnic Somali population ever since the people of Kenya’s Northern Frontier District voted for secession prior to independence in 1962. This resulted in the so-called Shifta wars that led to the militarisation and marginalisation of the region by the Jomo Kenyatta and successive regimes.

“Taming” the Somalis in Kenya’s north-eastern region has been one of the Kenyan government’s objectives since the Shifta wars of the 1960s that saw this region become a terror zone. “Collective punishments” of the region’s people by the government were common. Until devolution “mainstreamed” Kenya’s northern territories, the region had remained largely neglected and devoid of any meaningful development.

Some Somali analysts and conspiracy theorists believe that Kenya does not want to see a strong and stable Somalia because the latter would pose a threat to its own national political and economic interests. They say that Kenya seeks a weak – but friendly – Somalia because Kenya believes that a strong Somali state may revive aspirations for a “Greater Somalia”…

In its efforts to control the seemingly uncontrollable population, the Kenyan government relied on ethnic Somalis to carry out atrocities against their own people. For instance, the brutal operation known as the “Wagalla Massacre”, which resulted in the death of between 3,000 and 5,000 men in Wajir, was carried out under the watch of General Mohamud Mohamed, the army chief of staff in Daniel arap Moi’s administration, and his brother Hussein Maalim Mohamed, the minister of state in charge of internal security, both of who belonged to the Somali Ogaden clan that controlled politics in the then Northeastern Province. They were among a small group of Kenyan Somalis who were in positions of power in the Moi government. General Mohamed had played a key role in thwarting the August 1982 coup attempt, and had thus contributed to saving the Moi presidency.

It is believed that Moi appointed ethnic Somalis in important positions as they were considered “neutral” in terms of their ethnic affiliation, and could, therefore, be trusted to be loyal. Incorporating ethnic Somalis in his government was also probably a strategy to defuse any “Greater Somalia” sentiments Kenyan Somalis might harbour – a strategy that the Jubilee government has also adopted by appointing or nominating Kenyan Somalis in important government positions.

Many Kenyan Somalis believe that the Mohamed brothers used their influential positions to punish and evict members of rival clans from the then Northeastern Province. Others say that in his hallmark Machiavellian style, Moi used ethnic Somalis in his government to carry out atrocities against their own people – who could easily be divided along clan lines. While it is unlikely that these powerful brothers sanctioned mass killings, they probably played into the clan politics of the area.

Clan politics is also what probably drove Aden Duale and his delegation to make the visit to Kismaayo; Kenya’s north-eastern region is dominated by the Ogaden – Madobe’s and Duale’s clan. The visit symbolised Ogaden authority in Jubaland and in Kenya’s north-eastern region.

And so, because many federal states in Somalia are run like personal or clan-based fiefdoms, decisions made by Madobe could be construed to be at the behest of Kenya. By aligning himself with Madobe, Duale – and by extension, the Kenyan government – has affirmed that Kenya is not interested in a united, democratic Somalia, and that it is using proxies to achieve its objectives in this fragmented country. The visit to Kismaayo was also a slap in the face of the Federal Government of Somalia in Mogadishu, which is now likely to have an even more antagonistic attitude towards Kenya.

Clan politics is also what probably drove Aden Duale and his delegation to make the visit to Kismaayo. Kenya’s north-eastern region is dominated by the Ogaden – Madobe’s and Duale’s clan. The visit symbolised Ogaden authority in Jubaland and in Kenya’s north-eastern region.

Although many question the legitimacy of the government in Mogadishu – which is propped up mostly by the international community, mainly Western and Arab donors – the deliberate disregard for its authority by the Kenyan delegation is bound to deepen fissures between Kenya and Somalia, which could have an impact on how the Somali government views the presence of Kenyan soldiers on its soil. The Somali government, although relying heavily on AMISOM for security, has recently been making calls to strengthen Somalia’s national army to replace AMISOM.

The Al Shabaab factor

It must be noted, however, that Somalia and Kenya enjoyed “live and let live” relations until the latter’s incursion into Somalia in October 2011, which muddied the waters and painted Kenya as an aggressor nation in the eyes of many Somalis, not least Al Shabaab, which then made Kenya a target for its terrorist activities. Up until then – hosting the largest Somali refugee population – Kenya was viewed as a generous neighbour that came to the aid of people fleeing conflict. The decision to undertake a military intervention in Somalia was probably one of the biggest blunders of the Mwai Kibaki administration.

But even if Kenya’s intention is to create a safe buffer zone between Kenya and Somalia, the fact remains that apart from controlling the city of Kismaayo and its immediate environs, Madobe has little control over the rest of Jubaland state where Al Shabaab is still very much in control. There have been reports of his administration and KDF making deals with Al Shabaab to gain access to the territories that the terrorist organisation controls. Some of these deals are said to involve the smuggling of contraband into Kenya, as has been reported severally by the United Nations Monitoring Group on Somalia and Eritrea.

It must be noted, however, that Somalia and Kenya enjoyed “live and let live” relations until the latter’s incursion into Somalia in October 2011, which muddied the waters and painted Kenya as an aggressor nation in the eyes of many Somalis, not least Al Shabaab, which then made Kenya a target for its terrorist activities.

The reality in Jubaland and in much of the rest of Somalia is that the majority of the people have not experienced the benefits of a strong central or state government for more than 20 years. The concept of a government has remained a mirage for most residents living outside Mogadishu, especially in remote areas where the only system of governance is customary law or the Sharia. In fact, it has been argued that, with its strict codes and its hold over populations through systems of “tax collection” or “protection fees” combined with service delivery, Al Shabaab offers a semblance of governance in the regions that it controls.

Where AMISOM forces have liberated regions from the clutches of Al Shabaab, they have essentially left behind a power vacuum which neither the Federal Government of Somalia nor the emerging regional administrations can fill. This has rendered these regions more prone to clan-based conflicts, already apparent in Jubaland, where some members of the marginalised Bantu/Wagosha minority group have taken up arms in response to what they perceive to be a form of “ethnic cleansing” by both Al Shabaab and the new Ogaden-dominated administration of Ahmed Madobe.

All these developments do not augur well for peace-building efforts in the Horn, which have been made more precarious by Kenya’s relations with Madobe, who is not likely to cooperate with Mogadishu or cede control of a state characterised by clan-based feuds over resources.

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#FeesMustFall: Is the Makerere University Strike a Response to State Capture?

9 min read. Student protests in Uganda have highlighted a crisis in higher education and exposed the dark underbelly of a state struggling for legitimacy.

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#FeesMustFall: Is the Makerere University Strike a Response to State Capture?
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During the current lull in strike activity at Makerere University, it is possible to examine the root causes of sporadic strike action on the campus, both by staff and students. The strike was a student protest under the banner #FeesMustFall and was triggered by the proposed 15 per cent annual increase in fees for privately sponsored students (more than half of the student body).

It has been a tense two weeks, with the strike leader, one Siperia Saasirabo, reportedly abducted and held for a number of days, and the Guild President Julius Kateregga disappearing en route from an appearance on a morning television chat show and an extraordinary general meeting of the Guild. Both were reportedly dumped in public places, Kateregga with alleged soft tissue injuries.

An opposition MP told Parliament he was being held in a “safe house” run by the Special Forces Command (SFC) while the minister for higher education stated that he had information that Kateregga was merely taking time out from the pressure he had been undergoing. Kateregga says he made that statement at gunpoint.

The Budget Monitoring and Accountability Unit (BMAU) at the Ministry of Finance summarised the problem at Makerere and other government universities: there simply isn’t enough money to run them. Apart from Makerere and Kyambogo universities, the Government of Uganda has established six other public universities and two degree-awarding institutions. Three came into existence as recently as 2016/17. The major source of funding is tuition fees followed by government/public funding – which includes tuition fees, external grants and internally generated funding. The cost of funding public universities leapt from Shs.167.94 billion ($45,215,553.00) in FY 2012/13 to Shs.606.09 billion ($163,220,340.00) in FY 2017/18. The Ministry of Finance is unequivocal in stating that the government is unable to provide for all the financial needs of public universities and that funds are insufficient to produce “good outputs”. In fact for the last five years, cash releases from the Treasury have been below budget (BMAU Policy Briefing Paper (24/18, 2018).

It is, therefore, safe to conclude that private students subsidise government-sponsored students. This may not have been a problem in principle or in practice if the economy was such that they could afford it. The fact is that most courses charge close to half of Uganda’s income per capita of about $800 or Shs.2,971,608. Assuming parents have more than one child, payment for university education is out of reach for the majority.

The Budget Monitoring and Accountability Unit (BMAU) at the Ministry of Finance summarised the problem at Makerere and other government universities: there simply isn’t enough money to run them.

The major casualties of this are the quality of outcomes, staff development, and research. Because 59 per cent of Makerere’s budget goes towards payroll, and 11 per cent each on student costs and material supplies, less than 2 per cent is available for staff development. Research, a core function of the institution, is allocated under 1 per cent of the government budget (as distinct from external funding). Student welfare allowances can hardly compete and have been stagnant for over two decades. Research received Shs.30 billion ($8,079,015.00) against the expected Shs.50 billion ($13,465,025.00) in 2018/19. As a solution, the BMAU recommends diversification of income streams to reduce over-reliance on tuition fees. In the interim, financial brinksmanship has been the order of the day.

There are 20,091 government-sponsored students at Makerere of whom just over 4,000 are accommodated off-campus. An allowance of Shs.432,750 ($117) a semester was budgeted for each student to cater for their subsistence. The 2019/2020 allowances budget was reduced in order to rehabilitate the dental school whose dilapidated state and consequent interruption of admission of dentistry students made the news in 2017. According to The Observer of 17 July 2019, “285 million was diverted from the allowances vote and allocated to the Dental School. Another Shs.1.8 billion was allocated towards equipping the university library, while Shs.1.5 billion was allocated to the renovation of toilets in the halls of residence.” This was done in compliance with Parliament’s education and social services committee recommendations communicated on 18 June 2019.

During the current strike, there have been calls for Makerere to be managed by people with business skills as opposed to vice-chancellors elected from amongst academics. There is some merit in this argument; Makerere’s history of financial management does not inspire confidence. In 2016 the Auditor General qualified the university’s audit report, citing a number of significant anomalies that suggested sleight of hand in hiding income, debt, and payroll fraud. The report cited the following irregularities:

  • The budget itself was undermined by the fact that Shs.317,227,405 ($85,429.00) was charged against incorrect expenditure codes thereby misstating the balances in the financial statements.
  • Staff advances for various activities amounting to Shs.882,316,616 ($237,608.00) were not accounted for. “There is uncertainty as to whether the amount in question was properly utilised for the intended purposes.”
  • Revenues received from grants and investments were under-reported. Only revenue from 79 out of a total of 182 active grants was disclosed in the financial statements. The university administration also claimed it did not obtain any revenue from investments during the year under review. However its annual report for 2015 puts the cost of running projects from grants at US$50,000,000 in the year 2015. It also says that the university initiated an endowment fund in 2014 called the Makerere University Endowment Fund, whose investment activities and revenues to date have not been disclosed in the financial statements.
  • Fourteen retired members of staff were kept on the payroll, costing Shs.386,790 while overpayments to other staff cost a further Shs.172,560,
  • 2,494,991,040 ($671,902.00) in revenue was collected from short courses although this amount was not declared in the financial statements.
  • Revenue from tuition and functional fees was similarly misstated; the cash book showed 86,816,793,066 ($23,435,802) while the financial statements reported a figure of Shs.87,946,425,729 ($23,740,741.00). The Auditor-General stated: “I was not provided with a satisfactory explanation regarding this discrepancy. Under the circumstances, I am unable to establish the accuracy of the revenue reflected in the financial statements.”
  • Emphasis was placed on the under-statement of outstanding obligations. Out of 119,664,797,892 ($32,225,789.00) owed by Makerere by close of the financial year, “only Shs.47,167,283,674 ($12,702,173.00) was recognised in its Statement of Financial position and Statement of Outstanding Commitments, while the remaining Shs. 72,497,514,218 ($19,523,616.00) is only mentioned/disclosed in additional notes.”

The patronage economy

What is missing from the solutions proposed for Makerere by BMAU, such as the diversification of income and rationalisation of courses offered, is the elimination of waste. In addition to reducing waste and financial loss caused by sheer lack of capacity to run the business end of the university, the government needs urgently to address other areas of waste.

Shs.69 billion was lost to systemic waste across all spending entities in 2017/18. Some of the means by which this was achieved are examined here. Structurally, the ballooning number of administrative units – 134 districts and rising from the initial 29 in 1997 – is a huge drain on resources that doesn’t necessarily increase effectiveness (this writer has dealt elsewhere with the phenomenon of districts being unable to utilise funds for lack of skilled manpower). Each new district is entitled to three members of parliament, one a woman and one a youth. District leaders are elected but the president appoints a Resident District Commissioner (RDC) to each. The RDC wage bill is Shs. 15.8 billion ($4,259,292.00), 30 per cent more than Makerere’s annual development budget.

Similarly, ministries, departments and agencies (MDA) increase in number as service delivery becomes ever more inadequate. In 2016, 34 per cent of local governments were found to lack critical staff such as doctors. 116 were understaffed by up to 40 per cent. That year the most affected by understaffing were said to be public universities.

During the current strike, there have been calls for Makerere to be managed by people with business skills as opposed to vice-chancellors elected from amongst academics. There is some merit in this argument; Makerere’s history of financial management does not inspire confidence.

In order to lower the cost of public administration, a major restructuring was agreed by Cabinet in September 2018. Only four agencies (Kampala Capital City Authority, the Uganda Bureau of Statistics, Uganda National Bureau of Standards, and Uganda Communications Commission) and the National Medical Stores were either to be retained and the functions of the rest returned to their parent ministries or to be merged or disbanded. Over one-third of the government payroll is absorbed by the 10,000 employees of agencies, which have tended to duplicate work and serve mainly as sinecures for party apparatchiks. This would have freed up funds currently used for the higher salaries paid to agency executives as well as their pensions and gratuities. Since the announcement a year ago, there has not been a single closure; implementation modalities were reportedly still under review by August 2019. Furthermore, there are more agencies in the pipeline (i.e. the Skills Development Authority and Sector Skills Councils slated for 2021).

The lack of political will to conserve scarce resources is evident in other areas, as a recent review of the cost of political appointees by the Daily Monitor shows. There are now 170 presidential advisors – up from four in the 1990s – whose annual wage bill is Shs.29 billion ($7,817,689.00), with an additional Shs.24 billion ($6,469,812.00) for their ministerial vehicles (without fuel, drivers and guards). Again, the total exceeds Makerere’s research budget. The most recent appointees are musicians appointed to advise on Ghetto and Kampala Affairs. They join the relatively new Ministry for Kampala and the new position of Executive Director of Kampala Capital City Authority, both seen locally as political appointments.


Further savings could have been made by eliminating the Shs.30 billion spent every year on flying dignitaries abroad for medical treatment but they have been cancelled out by the inept procurement of a domestic specialised hospital that has left the country in debt.

The State House scholarships scheme could yield further savings. Under this scheme, students whose primary and/or secondary education has been paid for by the State are often sent overseas for post-graduate studies. Elections expense for the incumbent are another diversion of funds from productive expenditure. As with elections before them, the 2021 polls are being preceded by huge billboards, vinyl banners, cash and other handouts, such as Shs.80 billion ($21,544,040.00) worth of hoes for distribution – all paid for from the public purse. (Ugandan farmers clamour for much – seeds, fertilisers, herbicides, irrigation, information, advice, post-harvest technologies, feeder roads and access to markets – but there has been no shortage of hoes since the post-war period.)

The lack of political will to conserve scarce resources is evident in other areas, as a recent review of the cost of political appointees by the Daily Monitor shows. There are now 170 presidential advisors – up from four in the 1990s – whose annual wage bill is Shs.29 billion ($7,817,689.00)…

The unrest at Makerere is the fruit of the wider patronage economy and its untenable strictures. Public financial mismanagement and fraud lead to unforeseen and unnecessary austerity being visited on various sections of the community, including hospital patients, primary school children, farmers, road users etc. University students are in the best position to highlight this systemic injustice because unlike the general population at the receiving end of governance deficits, they are a homogenous group able to agree on a way forward, and the best equipped to analyse the issues. Striking Makerereans speak for all Ugandans.

State brutality

As is the norm, what began as a peaceful demonstration with perhaps a dozen women carrying placards immediately attracted the full retribution of the Uganda People’s Defence Forces, which had been camping on campus since late 2018 when the People Power movement gained national prominence. True to form, the method of work is to instill terror by attacking not only striking students but also firing tear gas canisters into the closed windows of halls of residence and hostels. There were night raids in which students were dragged out of their rooms, brutalised and their property vandalised. The partially sighted and deaf were not spared and their press conference was stopped by the Uganda Police, a de facto division of the army.

Initial reports on the night of 22nd October were from citizen journalists. The professional media was largely absent (which is understandable given recent threats of shut-downs to those covering “opposition” activities). Of those journalists that did attend, at least three have been hospitalised with injuries and a similar number have been arrested.

The most valiant efforts of government sympathisers to demoralise the students on chat shows and social media by branding them drug abusers were unable to stigmatise the students as “entitled” young people making a nuisance of themselves. Also new, a journalist accused of biased reporting (not for the first time) was heckled off campus by irate students.

The Uganda Journalist’s Association is boycotting all police pressers and other events, this time asking media house heads to join them, a major development in protest. Still, the repeated night raids amply demonstrated the extremes to which Uganda’s kleptocracy is willing to go to preserve itself. Student leaders continue to be suspended as they are identified. The police is visible everywhere on campus and Lumumba Hall was completely sealed off at the time of writing. The army is to be replaced on campus by 2,000 police officers.

If the military was predictable so was the president, his ministers and the diplomatic corps to whom Ugandans appeal during spates of state brutality. After the usual interval of a few days, the United States ambassador played her customary role, publicly expressing concern for the affront to freedoms of assembly, speech and expression guaranteed by Uganda’s constitution. After a further few days during which the public was fully appraised of his impunity, President Yoweri Museveni, the Commander-in-Chief, withdrew the army from the university, stating that he was unaware they were camped there (for a year) in the first place. He faulted the military approach to addressing the issue, saying the young people only needed guidance.

Initial reports on the night of 22nd October were from citizen journalists. The professional media was largely absent (which is understandable given recent threats of shut-downs to those covering “opposition” activities). Of those journalists that did attend, at least three have been hospitalised with injuries and a similar number have been arrested.

France’s ambassador remained focused on cementing relations with Gen. Kainerugaba, the president’s son who is responsible for the SFC, safe houses, #Arua33 and other atrocities. He hosted him at his residence at the height of the troubles. A French company is in negotiations for an oil concession. The European Union and other European members of the diplomatic corps then weighed in, saying much the same as the Americans, only to be contradicted hours later by the Minister for Security, General Tumwine, who advised students that strikers would be beaten and to ignore statements to the contrary.

The latest developments are that Gulu University’s peaceful march in solidarity with Makerere was intercepted by police and four students were arrested for the public order offences of illegal assembly and incitement to violence.

The Minister of Education and First Lady has not appeared before Parliament to make a statement on the unrest. Instead she wrote a long letter to “the children who call me Mama by choice” in which she compared Makerere’s fees with the higher fees charged by a private university. She then claimed that the strikers were mainly non-students hired to riot: “Next time you are tempted to point a finger at corrupt people, if you are guilty of any of the above, know that you too are corrupt; begin with yourself.” The minister finished with an elaborate exegesis of the Scriptures on the origin of authority and why we must submit to it.

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