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The Indomitable Yash Pal Ghai – Part 2: Years of Exile

14 min read. Ghai learned later that Attorney General Charles Njonjo did not want him in Kenya. It was the legal radicalism, politics in Tanzania and the publication of the book he co-authored with Patrick MacAuslan in 1970 – which was very critical, in the academic and political sense, of developments in East Africa – definitely made the conservative Njonjo fearful of such a teacher in the Faculty of Law at the University of Nairobi.

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The Indomitable Yash Pal Ghai: Years of Exile
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Professor Yash Pal Ghai had accepted the offer of a deanship at the University of Nairobi, packed up everything ready to leave Dar es Salaam, and was saying his goodbyes when he got a call from his former student Willy Mutunga. “So Willy said to me, ‘I hope you aren’t coming to Nairobi.’ And I said, ‘I am taking up the deanship at the University of Nairobi.’ He said, ‘I can’t say much now, but don’t come. I can’t talk now, but don’t come until we tell you.’ He was ringing from the AG’s office, where he worked. I didn’t know why they were saying that. But then the University of Nairobi rang me two days later and said they were sorry but my appointment was canceled. I said, ‘You spent hours and hours persuading me, even when you knew how happy I was. I agreed because of your pressure. Why has it been cancelled?’ They said that they couldn’t tell me.”

Ghai learned later that Attorney General Charles Njonjo did not want him in Kenya. He was warned by friends that he could face harassment and even torture if he returned. Ghai is emotional as he speaks of this time, expressing frustration and outrage at the way things unfolded. “To this day, I do not know what bothered the AG. I never knew what I did. When I asked Njonjo about it, he never admitted it, even though he had signed all the orders himself.” Following the warning from Mutunga, Ghai chose to go into exile.

Ghai’s colleagues and friends attribute the orders to the work he had done until then, pointing especially to Public Law. “I believe legal radicalism, politics in Tanzania and the publication of the book he co-authored with Patrick MacAuslan in 1970 – which was very critical, in the academic and political sense, of developments in East Africa – definitely made the conservative Njonjo fearful of such a teacher in the Faculty of Law at the University of Nairobi. Of course, when I joined the Faculty of law, University of Nairobi, I adopted the approach he would most likely have adopted had he joined the faculty. So, in a way, we had our last laugh,” says Mutunga. Whitford agrees, saying that Ghai’s attack on newly independent Kenya’s public policies led to Njonjo’s actions.

Although the news was devastating, Ghai’s time in Dar had catapulted him into the international limelight. The impact of his work, not just as a teacher and administrator, but also as a trusted international adviser, was becoming increasingly clear. Unsurprisingly, senior ministers in Tanzania asked Ghai to stay on, offering him positions in the Attorney General’s office. The University of East Africa at Dar es Salaam also invited him back when the news broke that he would not return to Kenya. Ghai declined these offers, choosing instead to take on some short-term work with the East African Community (EAC). While there, he advised the EAC on membership issues and on reforms aimed at addressing the vastly unequal economic conditions of member states. It was interesting work and Ghai enjoyed it. In fact, Ghai’s performance prompted the Tanzanian Attorney General to nominate Ghai to be the Chief Legal Officer of the EAC, but Njonjo stepped in again, vetoing the nomination.

At this point, Ghai could have turned to Kenyatta to ask for assistance. Says Mutunga, “Yash could have gone to Jomo, but he’s not that kind of person and I’m glad he didn’t. It would have destroyed him professionally. Everyone would have known that Kenyatta helped him return and then he would have been seen as ‘Kenyatta’s boy.’ He would have been seen as a sycophant.” Mutunga doubts that Njonjo knew of Ghai’s connection to Kenyatta, and he is confident that Kenyatta had no knowledge of Njonjo’s actions. “Even Njonjo wouldn’t have dared to do what he did if he had known of the connection.”

Ghai’s departure for the United States in 1971 was a loss for East Africa, but he left behind a model for teaching law. Indeed, Whitford calls Ghai’s vision of – and standards for – a law school the “Ghai ideal.” At the heart of this vision is the role of law faculty as “independent critics of legal developments.” The Ghai ideal envisions law schools as havens of intellectual scholarship, marked by well-resourced and up-to-date libraries as well as by full-time law professors, who are well remunerated and who have reasonable teaching loads.

Ghai epitomised his own vision of a law professor. Ambreena Manji, who teaches law at the University of Cardiff in the United Kingdom and who is the former head of the British Institute of East Africa, says she has been profoundly influenced by Ghai’s commitment to teaching. “He will just quietly talk to you about your ideas.” Manji remembers hosting several constitutional conferences while at the British Institute, and she particularly recalls Ghai’s attention to young scholars. “I used to watch him quietly sit with young people and just quietly talk to them and question and probe. He is a very committed teacher. A lot of what I’ve tried to do as a teacher has been influenced by him. He is an exemplar of how you should live your life as an academic.”

Hope in times of grief

In 1971, Ghai settled his young family in New Haven while he lectured at Yale Law School and served as the Director of Research at the New York-headquartered International Legal Centre. The family soon welcomed a son, Tor.

At the same time, Ghai continued to receive invitations to assist with constitution-making processes around the world. While at Yale, Ghai remembers receiving a telegram from Papua New Guinea, where leaders were trying to negotiate an independence constitution. Says Ghai, “I was quite surprised. I didn’t know very much about Papua New Guinea. It turns out that the Australians offered them some consultants from Australia, and the local leaders felt that they may be biased and they may be influenced by – or even directed by – the Australian Government. So they wanted input from a totally independent person. They had just established a law school and the first dean of the law school was, at one stage, my dean in Dar es Salaam. So they asked him and he recommended me.” Ghai accepted the offer, travelling to Port Moresby from New Haven for short periods, somehow also managing his other professional responsibilities as well as the demands of his family.

Ghai’s time at Yale was positive, and having received several offers from around the country, Ghai considered settling in the United States. “But my wife didn’t like the U.S. and so I gave up a number of offers, including the UN. Since she had come to the U.S. because of me, I decided to go to Sweden [for her].” In Sweden, Ghai worked as a researcher at Uppsala University as well as at the renowned Nordic Africa Institute. He also continued to travel to Papua New Guinea, sometimes for longer periods, as the country considered how to manage the demands of multiple ethnic groups in a time of transition to independence. The assignment was particularly invigorating for Ghai, who had a special interest in minority rights. Ghai and his team travelled around the country to canvass people’s views and desires, a hallmark of his constitution-making methodology. In the end, he advised the government to be open to devolution in areas where there was a demand for it – especially for the island of Bougainville. Without that option, he feared that groups would press for secession. When, at the end of the process, the Chief Minister lobbied successfully to eliminate the draft Constitution’s chapter on devolution, Bougainville did indeed declare its intention to secede.

When violence broke out, Ghai, who had no training as a negotiator, was asked to return to Papua New Guinea to act as a mediator. He agreed, but he quickly realised that the balance of expertise was strikingly unequal. Ghai explained, “Bougainville had no lawyer to speak of and the Government had quite senior lawyers.” It would be easy to conclude that Ghai’s decision to work on behalf of Bougainville would place him in a contentious position. He had spent months working for the government, only to finally end up working “for the other side.” Amazingly, however, the integrity Ghai had exhibited throughout the constitution-making process mitigated any tension that could have existed. “Fortunately, all the people we were negotiating with were sort of friends because of the time I had spent there working. I was seeing senior civil servants, economists, finance officers, people from the Ministry of Lands. So by the time the negotiations started, I knew most of them quite well and had become good friends with them.”

Ghai’s ability to connect with actors from across political divides is emblematic of his natural ease with people. Ghai’s own anecdotes about people he has met – from local artists whose works bring life to his garden, to former Indian Prime Minister Manmohan Singh, whom he met as a student at Oxford – often end with the words, “We became good friends.” Lulu Kavoi, who works as the Katiba Institute’s Executive Assistant, describes what she was expecting when she first met Ghai. “I had only read about him and seen him on TV. I was expecting a bossy person, someone too serious for life.” She was surprised at the reality. “Working for him is fun, because he likes to understand people. He’s a mentor and also a boss, but he’s not a bossy person. He is interested in what you’re doing for your education and in your life. He would come and ask me, ‘So Lulu, what are you doing and studying?’ More like a friend I can talk to for advice.”

Devolution was eventually reinstated in Papua New Guinea. When it was time to implement the new Constitution, Ghai was asked to return, this time to chair a commission responsible for implementing devolution. Although Ghai wanted to help, he did not want such a role for himself. “I wanted a local person to be chair. I asked [Papua New Guinea leaders], even in the very beginning, that I would like to work with one or two young lawyers so that they would acquire knowledge and experience of the constitution and the background to its various provisions, minimizing reliance on foreign lawyers.” Ghai’s response to this suggestion serves as an example of his commitment to sharing his knowledge and promoting local empowerment and ownership of democratic processes and institutions.” Indeed, the person who was finally chosen for this role, Bernard Narakobi, eventually became Attorney General of Papua New Guinea, and later a diplomat.

The Indomitable Yash Pal Ghai: The Father of the Constitution

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Ghai’s ability to take a backseat in order to promote local ownership and thereby plant the seeds for long-term, sustainable democratic rule has inspired many of those who have been lucky enough to meet and work with him. Manji says, “The thing about Yash is that he doesn’t give a monkey’s about your status. He doesn’t care. He’s not going to be impressed whether you’re the president or the professor. He doesn’t care. If you have got something interesting to say, he will sit and listen. He wants to know about you.” Indeed, Papua New Guinea would later recommend Ghai to leaders in the Solomon Islands; he had local legitimacy. In 1976, Ghai was awarded Papua New Guinea’s Independence Medal, created to honour those who had performed outstanding service to the country during the transition to full independence.

Ghai’s success in the South Pacific brought him even more attention, and requests kept coming. Over the course of his career, Ghai would work on constitutions and constitutional development in many other countries, including Vanuatu, Western Samoa, Sri Lanka, Fiji, Zambia, Cambodia, the Cook Islands, Kenya, East Timor, Iraq, Nepal, Somalia, Ghana, South Sudan, Libya, Tunisia, the Philippines, and Zimbabwe. Many of these assignments were borne of personal recommendations. Says Manji, “He’s utterly, utterly non-denominational and non-racist. He’s utterly scrupulous and fair-minded. That has been key to negotiating in complex terrain.”

Although Ghai’s work in Papua New Guinea was a professional success, prompting the beginning of an extensive career as an adviser in the region and eventually the world, it was also an emotionally traumatic time. As it became clear that Ghai would have to commit more time to being on the ground in Papua New Guinea, his wife advised him to go in advance of the rest of the family so that he could set up their house and living arrangements. “At one point, I realised I had been there for two months and she kept delaying her plans to travel. When I returned to Sweden, I realised that she had fallen in love with someone else and was living with him. She had moved to Stockholm [from Uppsala] with the children.”

It was a great shock for Ghai, who struggled to balance work in Uppsala with time with his children, who were in Stockholm. “I would go to Stockholm on the weekends and take them to a park and give them ice cream. They knew only Swedish. I found it so frustrating, and I would cry when I left them. It got to be too much for me.” Ghai told his ex-wife that he wanted custody. “I told her that she should be one to visit them on the weekends.” He consulted a lawyer, but he was told that, as a non-Swedish man, he stood very little chance of winning custody against a Swedish mother. It was a significant emotional blow. Whitford recalls, “He cooked, he did all that sort of stuff. He was the primary home person; he did more than she did in that regard.”

Ghai’s relationship with his ex-wife was tense in the immediate aftermath of the divorce, and for some time afterward. It was somewhat unsurprising, then, that Ghai decided to leave Sweden when his contract expired. Wanting to remain close enough to see his children regularly and easily, however, he chose to stay in Europe. In 1978, he took up an appointment as a professor of law at the University of Warwick in the United Kingdom, where he had friends and some family.

Ghai’s new position at Warwick was also like a professional homecoming. Whitford calls it “the path of least resistance” for that time in Ghai’s life. It was “filled with academics from Dar,” recalled Whitford. Indeed, the law school at Warwick is known for its leading work in “law in context,” and it has been home to “law in context” pioneers, including Twining, Ghai, McAuslan, and many others from the University of East Africa at Dar es Salaam. Ghai thrived at Warwick, teaching constitutional law classes, publishing extensively and even taking up short appointments as a visiting professor in Australia, Singapore and the United States. He enjoyed these experiences and the exposure to different environments, never allowing his outsider status to stand in the way of the work in which he believed. In Singapore, Ghai took the government to court in a case that sought to advocate for the rights of a group of domestic workers. After a string of legal victories, he was declared unwelcome and forced to quickly leave the country. His fellow lawyers were jailed, but Ghai continued to “make noise”, forging ahead until the lawyers were eventually released.

It was at Warwick that Ghai became reacquainted with Jill Cottrell, whom he had originally met on a visit to Yale when he was still Dean in Dar. Cottrell and Ghai had met occasionally over the years, mostly at academic conferences, and they were now faculty colleagues. Their relationship quietly but steadily evolved at Warwick. Manji laughingly remembers seeing them together more and more. “Every time someone would go around to Yash’s place, Jill would be there. Nobody was told there was a relationship, but intellectually they are a perfect fit. Their relationship was a long time brewing, and it is such a great intellectual partnership.” Indeed, Zein Abubakr, Ghai’s co-commissioner on the Constitution of Kenya Review Commission, described the couple as an inspiration. “Yash’s love and affection for his wife – it’s amazing to see them, how they complement each other. It’s an inspiration for all of us. If Mzee is still able to do this, maybe we should learn something from him.”

The birth of that relationship quickly grew into a professional partnership as well. Although they were different in many ways, Manji describes the importance of their commonalities. Referring to Cottrell Ghai’s early experiences as a law professor in Nigeria, Manji says, “She had this totally global life. It took a lot of courage as a woman in that era to embark on that kind of life. When she ended up at Warwick as a young woman, she already had that outward push.” Like Ghai, Cottrell Ghai is also a quiet but determined force. Unlike her husband, however, she tends to stay out of the limelight. “Jill is very quiet and very, very studious, says Manji. “She would almost prefer it if she never had to leave the house and if she could just get on with reading whatever textbook she was obsessing about at that particular time. She’s an absolute powerhouse.”

Ghai continued to act as an international adviser while at Warwick, balancing teaching and research responsibilities with missions around the globe. He found himself in a unique position, often working for the British Foreign Office but acting as an adviser to local groups. In so many of these cases, Ghai’s British training and official connections to the British government were considered background information. First and foremost, he was seen, and wanted to be seen – according to him – as “a Third World person”, as someone who could understand local views. Indeed, in the Solomon Islands, Ghai urged the Chief Minister and the leader of the opposition, who had a bitter relationship, to work together so that the British could not undercut their goals: “‘You should negotiate as a united people. If you are fighting yourselves, Britain will play one against the other.’ And I worked on it, and worked on it. I would wear slippers and go to the Leader of the Opposition. I said, ‘I’m coming home to you. Do you have a free moment?’ They liked that. For them, I was not a pompous civil servant coming from London. So I was able to establish a rapport.” At the end of the constitution drafting process, the leader of the opposition credited Ghai with uniting the country.

It was clear to Ghai that his work was about something bigger. Although he was in great demand, Ghai only accepted assignments that aligned with his political philosophy and that contributed to greater democratisation and respect for the rule of law. International missions were real-world applications of his academic work, a chance to have a hand in shaping progressive political frameworks that valued individual freedoms and protected minority rights. This is why, when he was first approached to help the Fijian government with constitutional issues after the first 1987 coup, he refused. Ghai explains, “I was afraid they wanted me there to ‘fix it.’ There had been some cases where the courts in other countries had accepted coups as lawful. [The coup leader’s] expectation was that I would help the new regime to achieve a similar status. I had no intention to help them ‘fix it’— and expressed my willingness to go to help [only] with the return to constitutionality.” When a delegation from the overthrown Fijian group arrived in London, Ghai reached out to them, eventually agreeing to be their adviser. Knowing that the coup leaders would be “furious” if they found out that Ghai had turned them down but had volunteered to help “the other side,” he returned to Fiji but stayed out of sight. When they required assistance, the delegation would ask for a break from negotiations and visit Ghai in his room. Negotiations were successful, resulting in a power-sharing agreement, a review of the Constitution, and a long-term agreement to resolve inter-party differences. By the time Ghai returned to Warwick, however, a second coup had been staged.

Ghai continued to be involved in Fiji, acting as an adviser to the parties in the wake of the second coup, and again in 1995-7 in the preparation of their submission to the Commission drafting the 1997 Constitution. During that period, Ghai also established the Citizens Constitutional Forum, a non-governmental organisation meant to “bring different races together in the common cause of a democratic and non-racial constitution.” The NGO reflected Ghai’s deep-felt concern about the racial divisions and inequalities in the country, issues which he attempted to address in his recommendations regarding the new Constitution. He had strong faith in the power and importance of civil society, a belief that would continue to drive his work throughout his career. In 2012, when the country’s military regime agreed to hand power back to civilians, Ghai was invited to head the Constitutional Commission.

At the same time, Ghai continued to produce legal analysis, publishing books and articles on decentralisation, the political economy of law, human rights, and multiple works devoted to the politics, law and government of the specific countries in which he had worked. His list of publications, which does not include works completed in the last two years, runs 15 pages in length. Ghai’s 1989 article entitled, “Whose human right to development?” was, according to Cottrell Ghai, a particularly important contribution and an example of his unique approach to the law. “He doesn’t always take the obvious approach. Very often, his analysis is out of the ordinary,” Cottrell Ghai explains. “In [that piece], he questioned the right to development in the sense of saying that it was for elites rather than for ordinary people. He takes a slightly more skeptical approach, and that has been important intellectually.”

In fact, Ghai’s unconventional approach to the law is what continues to impress and inspire lawyers to date. Waikwa Wanyoike, the first Executive Director of the Katiba Institute, the NGO which he founded with the Ghais in Kenya, describes Ghai’s ability to “create possibilities where a lot of people think there are none.” According to him, Ghai can “push new frontiers on nearly every subject. He’s able to find ways to read the same text and expand it in a manner that is so rights-focused. He shows hyper-creative rights-oriented thinking, and that’s probably his biggest contribution. His political savvy is also impressive – his ability to marry politics with the law and make the law work effectively on politics. He will contextualise issues, and he always starts from values and principles. That’s ingenious. He breaks the barrier between the technical elements of the law and values; he infuses rights-based values into the law.”

Despite his multiple responsibilities, Ghai also continued to act as a mentor. Mutunga says, “He made it his business to mentor me by inviting me to conferences in various places, by getting me to Warwick Law School as a visiting fellow when he taught there, by being an external examiner in my courses when I taught law in the University of Nairobi, and by sending me his writings and seeking my comments. Yash is the epitome of collective intellect. Many of his books are co-authored and some of the co-authors were his students.”

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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.

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Borders versus People: Part III – Games within a Game

17 min read. In this final part of a three-part series, KALUNDI SERUMAGA explains why illegitimate power cannot rule legitimately, and remains permanently insecure in crisis or near failure. As a remedy, it seeks to clothe itself with the garments of legitimacy.

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Borders versus People: Part III – Games within a Game
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The peeping game

In 2017, some sharp-eyed IT managers at the African Union (AU) realised that bugging devices had been planted in the computer servers and conference rooms of the shiny new headquarters building. It was only inevitable that the Chinese were to be seen as prime suspects, given that it was them that had so kindly met the cost and physical labour of putting up the building.

In the ensuing debates, only then incoming AU chairperson, Rwanda’s president Paul Kagame, was unbothered.

“I don’t think spying is the specialty of the Chinese. We have spies all over the place in this world,” the chairman said. His only concern was that Africa had not got its act together. “We should have been able to build our own building.” Then, he mused, “If you bring people to build for you, they may still spy on you.”

Such candour was refreshing, and brings another context about the mutual accusations of spying, subterfuge and intrigue being exchanged between the regimes of Rwanda and Uganda.

Mid-August regional media reports – to the extent that they can be relied upon, given the greatly partisan atmosphere – tell us that the mounting tension in the Uganda-Congo-Rwanda border region may have finally spilled over into open fighting, with Rwanda seeking to eliminate what it has been saying is an armed threat from a Uganda-backed rebel group based in the Democratic Republic of Congo (again), and led by former Kigali insiders.

A source close to the Kigali regime recently assured me that reports of the Rwanda Special Forces decimating a significant encampment of Rwandan National Congress (RNC) rebel forces are completely true. His assertion is based on photographic evidence he claims to have seen.

Since then, a frosty diplomatic process facilitated by the state of Angola has sought to de-escalate tensions by coaxing the presidents of the two countries into signing a 21st August Memorandum of Understanding. Its key points are: respecting mutual sovereignty; no acts of subversion in the territory of the other party, as well as third countries (read Congo); do nothing to create the impression of an interest in such destabilisation, thereby eliminating all factors that may create such perception; and respecting the civic rights and freedoms of each other’s visiting citizens.

A source close to the Kigali regime recently assured me that reports of the Rwanda Special Forces decimating a significant encampment of Rwandan National Congress (RNC) rebel forces are completely true. His assertion is based on photographic evidence he claims to have seen.

The last clause is critical here. It clearly refers to the many Rwandan citizens that Kigali says are and have been held for long periods of time (some for up to two years) by Ugandan intelligence operatives, and subjected to inhuman treatment. The Rwandan state and its regional media allies point the finger squarely at Uganda’s historically notorious Chieftaincy of Military Intelligence (CMI).

The facts are that the CMI acquired this fearsome reputation way back in the early days of President Yoweri Museveni’s National Resistance Army (NRA) 1986 ascension to power. Known then as the Directorate of Military Intelligence (as its Rwandan counterpart is now called), it was the grinding stone against which many a rebellion, coup attempt and even simple civilian political agitation was ground to dust by very brutally efficient methods of murder, torture, deception, intrusion, and intimidation.

This accusation comes weighed down with a most striking irony: in those early days, the Directorate’s Deputy Director was one Paul Kagame, still incarnate as an officer of the NRA.

All this tells us quite a few things.

First, that the accusation that CMI is illegally apprehending and then torturing Rwandans is entirely credible, given its history, particularly of the early days of basically physically crushing the armed resistance that had sprung up in northern Uganda. These episodes are not particularly well-known, as the global human rights NGO police, the rising Ugandan corporate feminist movement, and the Western diplomatic community seemed to see many opportunities in the freshly-minted NRA regime, and chose to simply “not see” what was going on.

Borders versus People - Part I: The Tribe Conundrum

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In addition, in the subsequent decade, many of the regime insiders in Uganda who were to become leading opposition voices after the falling out, also seem to have difficulty in making specific references to this foundational period of the regime. This could well be because they were in positions where they were much better informed than others back then to now claim ignorance.

This focus on Rwandans could even be considered an act of inclusivity, given that CMI stood accused of torturing everyone else in the days when it was heavily staffed by Rwandans of various citizenship.

Secondly, it is entirely possible, and in fact quite logical, that Rwanda’s government would seek to maintain an information-gathering network inside Uganda. Given President Kagame’s reaction to the AU scandal, it would be naïve to assume that he did not see a need to also build a Rwandan “back door” in the Ugandan intelligence outfit he helped to build. This, as the AU chairman pointed out in that context, is how the spying game works.

By the same token, it would be entirely logical and natural to assume that if the Rwandan regime is in fact deploying its spies to Uganda that the Ugandan regime’s security apparatus would endeavor to seek out and apprehend any such person.

Naturally, it would also be quite logical that the human resource of any such network would comprise Rwanda nationals, Uganda nationals of Rwandan descent, and of course even other Uganda nationals seeking pecuniary or other gain.

So, for any Rwanda national to now find themselves captive of a Ugandan organisation designed in part by his or her president, this is a very ironical kind of homecoming indeed, as clearly, those institutional habits did not begin only after (now President) Paul Kagame left.

Thirdly, given the long public record established by President Museveni in reneging on agreements – and also President Kagame’s knowledge of this from his time as a high-level enforcer of Museveni’s will during his own time as a Uganda regime apparatchik – observers would be wise to see the Luanda MOU as the latest stage in a continuing feud, as opposed to the beginning of its end.

The intelligence, combat and diplomatic shenanigans are, therefore, neither a cause nor a solution to this game; they are merely details in a game still being played out. We need to look deeper.

The labelling game

Since the difference between Ugandans and Rwandans – from throne to commoner – have never really been as real as the current Kigali-Kampala stand-off have made it, there can be perhaps no greater illustration of the appearance of birds fighting their reflection in a window pane. If anything, the dispute is a critical example of how similar the two political cultures (old and new) are.

The concept of Rwandan immigration to Uganda is a rather fluid one. Rwanda existed long before Uganda ever did, and before either colony was created. In some sense, anyone in south-western Uganda could be considered Rwandan just as anyone in northern Rwanda could be considered Ugandan.

And Rwandan indigenous communities are organised along lines followed also by communities in south and south-western Uganda, not to mention Burundi, right down to often having the same clans. There are families (some now quite prominent) in what is now south-western Uganda, whose ancestry can be traced to migration from Rwanda as far back as the 16th century.

Perhaps we should therefore see the colonial project, and this neo-colonial one now being held together by these bickering presidents, as an interruption and distortion to those historical relations.

The concept of Rwandan immigration to Uganda is a rather fluid one. Rwanda existed long before Uganda ever did, and before either colony was created. In some sense, anyone in south-western Uganda could be considered Rwandan just as anyone in northern Rwanda could be considered Ugandan.

Subsequent to colonisation, there were groups of people who migrated to Uganda, who were now being called Rwandan. The first known such group was a group of embattled aristocrats from the Rwandan royal court, who had to leave following an internal political upheaval. The eventually settled in Namutamba in mid-western Buganda.

There followed a few waves of economic migration due to the growth of Uganda’s colonial economy. It should be noted that it was the district authorities in Western Uganda that first passed laws restricting migration from Rwanda, followed eventually by the colonial government as a whole. The migrations culminated in the almost exclusively Tutsi influx that followed the 1959 Hutu “revolution” mentioned in Part II of this series. Many prominent Ugandans can be traced to all these developments.

The actor-playwright Deborah Asiimwe, the proprietor of the Kampala International Theatre Festival, once told me of her grandmother whose speaks very fluent Luganda as a result of having lived in the Buganda royal court in the 1930s, where she had been expected to become a wife to then Kabaka Daudi Cwa, whose reign ended in 1939.

The late Dede Majoro (d. 1995), perhaps the most gifted guitarist this region has ever seen, also lived for a while in the Buganda royal court in the reign of Kabaka Edward Muteesa (1939-1966), along with many of his siblings. Kabaka Muteesa provided them sanctuary after their father Silas Majoro (and former schoolmate at Buddo), a senior advisor to the deposed Rwandan King Kigeli (1936-2016), who had been assassinated by Belgian agents in their process of actively supporting the Hutu “revolution”. Dede’s sister, Grace Kaboyo, was until recently one of President Museveni’s district commissioners.

Robert Kalumba is a very visible public relations officer at Kampala City Council Authority, whose grandfather was granted a tidy parcel of land in Buganda by the sister of Edward Muteesa. Another member of the Rwanda royal family who also fled to Uganda and married a Ugandan woman. They were to have a son who went on to marry one of Edward Muteesa’s daughters. He went on to become a very senior immigration officer. I went to school with him.

The deposed King Kigeli himself took refuge in Uganda for a while. As a child, I recall our mother pointing out to us his very tall frame walking along the street as she drove us past the apartment block where he lived near the city centre.

In short, the problem has never been the presence of Rwandans in Uganda as such, since there have always been Rwandans in Uganda even before Uganda became Uganda (and then took parts of what was independent north Rwanda with it). The problem is the political culture that comes with that presence, given the historical record that continues to show that the biggest single persecutors and killers of Rwandans have always been other Rwandans.

In his play A Time of Fire, the Ugandan writer Charles Mulekwa reflects on the common failing of political peoples fleeing war and persecution to actually bringing the causes of the war with them. It is a case of a refugee and migrant community that has “learned nothing, and forgotten nothing”, as was said of the early 1800s French Bourbon dynasty exile who, having taken back power in France, then proceeded to replicate all the political mistakes that had caused them to lose power in the first place.

It is a challenge of the political culture of Rwanda. Of the stubbornness of old habits, which, as is said, die hard.

But where did it start?

The imposter game

In the biblical tale of Naboth’s vineyard, an unwitting king finds himself in possession of a vineyard he has coveted for a long time. It belonged to his neighbour Naboth, who had declined to sell it, as it was part of his own inheritance from his father, and according to Jewish custom, could not be disposed of in such a way.

His wife Jezebel had her own plan to cheer up the frustrated monarch. She had Naboth framed, murdered, and his property seized. The king learns of this only when confronted by the judges of his kingdom. For them the real sacrilege is that beyond the murder, the perpetrator then assumes the place of the victim in the form of claiming to be the rightful owner of his inheritance. This is the true meaning of the verse: “Have you killed and also taken possession?” (Kings 21:19), now colloquially known as the syndrome of “Naboth’s vineyard”.

In his play A Time of Fire, the Ugandan writer Charles Mulekwa reflects on the common failing of political peoples fleeing war and persecution to actually bring the causes of the war with them. It is a case of a refugee and migrant community that has “learned nothing, and forgotten nothing”…

In the biblical story, the king repents and atones. In the real world of African politics, many a murderous usurper has simply soldiered on regardless with this disastrous game.

But now, the moment of truth is fast arriving, and we are all about to be found out.

With Uganda, the fraudulent nature of the three-decade-old government is better known and a lot more explicit.

In the case of Rwanda, we must begin with a similar usurpation, by one Kanjogera, dowager in the Royal House of Rwanda in 1896, who conspires with the encroaching Germans to have the then monarch murdered in favour of Musinga, her own biological son. This is an event replete with the kinds of abominations that shocked the judges in Naboth’s case.

One Muhumuza, mother of the murdered monarch, led the initial resistance to this usurpation. Despite it having been seen as a movement among very ordinary people, Muhumuza became an adherent of the Nyabinghi movement. Nyabinghi was the sovereign of the 16th century kingdom of Karagwe, a name which now lives on as a district in northern Tanzania.

She was murdered by her husband Ruhinda, king of the Mpororo just to the north, in his attempt to take over her throne. Her spirit was to haunt him and his accomplices for years afterwards, and became the foundation of a “cult” that passed it down the generations through initiating young women into its priesthood.

The Nyabinghi belief-system soon spread to neighbouring regions, and was taken up by persons nursing deep grievances against existing authority, making it a target for state repression. This became a particularly acute problem in pre-colonised Rwanda (which included what is now parts of south-western Uganda) where the various kings had tried to stamp it out.

She could be said to be the African patron saint of the betrayed.

Naturally enough, the anti-colonial sentiments in Rwanda, sparked by Kanjogera’s allegedly German-backed coup, found a home among the Nyabinghi movement.

Having been inducted into the Nyabinghi priesthood, Muhumuza became the incarnation of the spirit of the long-dead queen. This set the stage for the showdown that sucked in the German, British and later Belgian colonial authorities.

“These fanatical women are a curse to the country,” one colonial official reportedly complained.

This was nothing unusual, except for the times it was dealing with. It is something of a tradition here to literally channel a long-passed on leader’s spirit when faced with an extreme leadership challenge.

During the 1953-1955 British exiling of Kabaka Muteesa, a man called Kiganira declared himself the reincarnation of Kibuuka, Buganda’s Achilles-like war-spirit, and began agitations that led to his arrest and execution.

The spirit of a long-dead Shona monarch Nehanda also inspired the initial resistance to the British colonising mission. It has been handed down to possess generations of women in particular family lines. At the time of the colonising invasions, it was held by Charwe Nyakasikana, whose invocation of it was instrumental in the initial anti-colonial resistance until she and her companion were captured by the British and hanged in 1898.

The colony of Rwanda comes into existence and is later inherited by Belgium. In that success, these imposed imposter states show that illegitimacy can be made to work. Kogonjera’s usurpation becomes an understanding of politics, and produces a form of white Pan-Africanism.

Muhumuza is captured by the colonisers and exiled to be held captive in colonial Kampala until her passing in 1944.

The history game

The past matters. And this is why those in the present always seek to control it.

With the rise of later African nationalism, old tales of the initial German conquest, as well as recent experiences of the apartheid system, were mined to design a toxic mix of hate, and racist anthropology-history, which become an official mantra of PARMEHUTU, a party led by one Gregoire Kayibanda, a man until recently the private secretary to the Belgian head of the Roman Catholic Church in Rwanda. This Hate History lays the foundation of the Hutu “revolution” of 1959 that created the mass exodus of Tutsis into neighboring countries. Kayibanda becomes president, and Hate History remained taught.

His victory is cut short when his army chief of staff, Juvenal Habyarimana, overthrows him and then allegedly has him and his wife starved to death while in detention (thus taking possession and then killing, in his case).

Similar betrayals dogged the rebellion organised from exile against this new set of imposters, and vicious, internecine conflict seemed to have characterised its journey all the way to victory over the Habyarimana regime.

With the rise of later African nationalism, old tales of the initial German conquest, as well as recent experiences of the apartheid system, were mined to design a toxic mix of hate, and racist anthropology-history, which become an official mantra of PARMEHUTU, a party led by one Gregoire Kayibanda, a man until recently the private secretary to the Belgian head of the Roman Catholic Church in Rwanda.

Historically, the monarchy had seemed to be the focal point around which all Rwandans within its ambit organised their various identities. There seemed to have been a push within the rebellion to put the monarchy question back on the table.

The standing accusation, best documented by the writer Timothy Kalyegira, is that those now in power in Kigali first hijacked the initial rebellion, and the formation of the Rwandan Patriotic Front (RPF) was in itself a usurpation of an earlier initiative organised by Rwandan exiles not embedded in the Uganda state against the Rwandan Habyarimana regime that the current leadership of the RPF suppressed using their then high positions within the Ugandan NRA security apparatus. This initial initiative may have been known as inkotanyi.

This can be framed as a continuation of Kanjogera’s coup: usurpation upon usurpation, and a legacy of illegitimate political inheritances.

The most prominent example of this, of course, would be the assassination of (former NRA bush war veteran, and Uganda government deputy minister of defence) Col. Fred Rwigyema who, as first field commander of the RPF invasion, suffered the ignominy of being shot dead within 24 hours of crossing into his country.

Illegitimate power cannot rule legitimately, and remains permanently insecure in crisis or near failure. It is often aware of this, and as a remedy, seeks to clothe itself with the garments of legitimacy.

Kanjogera commits regicide, but then seeks refuge in a “neo-traditionalist” gambit of continuing the same monarchy in the form of her son, so as to hide behind the legitimacy of a throne, despite having just desecrated it.

And given the chance, imperial power will always seek to enter a society, and tilt the balance of power away from the most legitimate in favour of the least legitimate, which must then depend on it to one extent or another. This remains the story of Africa’s domination.

Nearly every historic victory of rebel organisations on our continent holds a record of being tempted by Western powers to reach for absolute power, where a peace-making coalition may have worked more in the masses interest instead.

Borders versus People - Part II: Congo – A Classic African Tragedy

Read Also: Borders versus People – Part II: Congo – A Classic African Tragedy

In Ethiopia, Meles Zenawi’s minority Tigrayan People’s’ Liberation Front was able to militarily dominate the broader anti-Mengistu resistance and subsequent regime through the significant logistical resources delivered to it under the cover of Western famine relief once the West realised that Mengistu’s days were numbered.

Museveni’s NRA dragged out the 1985 Nairobi Peace Talks for months on end while using material support channeled by the West through the notorious LONRHO corporation to increase the size of the army nearly ten-fold before storming the capital.

All Africans are advised: look again at your resident liberators; how exactly did they come to power?

This is essentially a crisis of legitimacy. Neither side can rule legitimately, and remain in need of self-validation.

Yoweri Museveni’s National Resistance Army brought an exceptional level of illegitimacy to our politics in the way it seized power in 1986 through series of opportunistic exploitations of every old and current political grievance it could harness, and has held on to it. As mentioned in Part II, it came carrying the seeds of the Rwanda Patriotic Front in its womb.

The 1993 wholesale invasion of Rwanda by the RPF was, therefore, amongst other things, the exportation of that habit of illegitimacy to another country. As said, this was to be the fate of the DRC even later.

The strategic resources game

This long and twisted story continues. It will create new approaches to known facts, and then bring unknown facts into creation.

I insist that this remains a struggle to be the principal conduit-broker, even through which to channel the latest generation of strategic minerals to Western corporations.

This is not just an African story. In the history of the conflicts of the modern world, certain zones stand out as having suffered from the accident of being located where strategic resources were to be found. Before the DRC, there was Western Europe and the Middle East.

Underneath the usual romanticisation of European conflict lies the story of coal and iron. Until perhaps the 1960s, the Alsace-Lorraine region, which lies where the lands of France and Germany meet, held the largest known deposits of iron ore in the world. Together with the abundant supplies of coal in the neighbouring regions, this created the opportunity for the bulk production of perhaps the most significant material to the emergent industrial revolution: steel.

Three significant wars linked to this region have been fought in Western Europe: the Franco-Prussian war of 1870-1871, which ended with a German occupation; the 1914-1918 British-German war in France; and the 1939-1945 British-French-American-Russian war against Germany and Japan that left much of the continent and beyond devastated.

This is not just an African story. In the history of the conflicts of the modern world, certain zones stand out as having suffered from the accident of being located where strategic resources were to be found. Before the DRC, there was Western Europe and the Middle East.

This recurrent conflict was only suspended for the last eighty years with the creation of a trade mechanism that enabled countries from all parts of the continent to access those and later other resources for their domestic industries, without having to also physically control the territory.

This mechanism was named the European Coal and Steel Commission, which became the European Economic Commission, which became the European Commission, and which is now known today as the European Union. Its core function is to prevent the build-up of the economic pressures that lead to war.

From the 1890s, the military forces of Western Europe, and increasingly the United States, underwent an extensive debate regarding the relative advantages of continuing to rely on steam-powered engines fueled by the burning of coal over the emergent liquid fuels. By 1912, the liquid fuels camp had won the debate: oil was easier to excavate, transport, store and deliver. It was scalable, yielded more energy per unit, and did not require the maintenance of a global network of “coaling stations” dependent of a small fleet of labour-intensive “coaling ships” supplying their navies.

It did, however, require the establishment of a guaranteed supply. This is how the entire Middle East, with its vast, accessible oilfields, increasingly became the focus of rival empires seeking to gain a foothold on this strategic reserve. The British navy, for example, decided to strategically switch from coal in the period just before the 1914-1918 war.

The subsequent dismantling of the Turkish Ottoman empire, leading to the carving up of its Arab dominions into the unstable oil-producing region known today, is one visible result.

Then came the dawn of nuclear energy, particularly its use in warfare, heralded by the 1945 American destruction of the Japanese cities of Hiroshima and Nagasaki. Atomic weapons were being developed by all sides during that war. They came as the logical outcome of the war’s increasing dependence on widespread destruction of cities and the civilian hinterland as a way of hampering the physical capacity of the enemy to maintain war. An atomic bomb offered the opportunity to impose strategic paralysis on an enemy through wiping out an entire city with one devastating operation.

A person no less than Albert Einstein, a refugee from Hitler’s Germany, as well as a pioneer of nuclear science, was among the voices that advised the then US President to ensure it got and stayed ahead in the coming nuclear arms race by developing the first bomb before Germany or anyone else did. For this, they advised that the US was going to need a reliable supply of good quality uranium.

“The United States has only very poor ores of uranium in moderate quantities,” they warned in a 1939 letter. “There is some good ore in Canada and the former Czechoslovakia, while the most important source of uranium is Belgian Congo.”

This is where the fate of what we now know as the DRC was sealed. In retrospect, it was clear that Patrice Lumumba barely stood a chance. As early as 1947, the newly formed US Central Intelligence Agency (CIA) had already dispatched agents to establish the viability of uranium supply from Congo, and how to work with Belgian mining corporations there to secure it. A truly independent Congo was seen as a threat to that objective, with US president Eisenhower even developing something of a personal obsession with Lumumba.

“The Shinkolobwe stockpile was about 200 times purer than average uranium sources at the time,” notes Kenyan journalist Parselelo Kantai, who has researched this subject extensively.

What followed is not just known history, but a continuing story.

Western capitalism still holds a vision for the future: a fully automated world in which goods and services are made, sorted and delivered by unmanned machinery, and paid for electronically.

This means an administrative layer of control and co-ordination. The vision, therefore, is for a fully wired world, centralised around digital, online control, tracking everything from production levels to individual consumer preferences.

This is the essence of the 5G “fourth industrial revolution”: digital technology stepping up to a level of broad-span interconnectivity primed to a speed and versatility previously unseen.

We are encouraged to think of a “cloud”, but this whole information infrastructure is not ephemeral. It requires physical warehousing and relies on earth-bound space technologies: wires, server farms hosting acres of capacity, routing stations, transmitters, communication devices and the like.

Three materials, among many, are absolutely critical to all of this: copper, coltan and fibreglass. Of the three, coltan is the most valuable; it is used to make heat-resistant circuits in all digital devices. Its global trade is expected to expand exponentially as the 5G revolution takes root.

And once again, the unfortunate Democratic Republic of Congo finds itself as the primary future source for all this bounty. DRC may hold the single largest known reserves (estimated by some to be up 60 per cent of the global supply) of the mineral.

My point is simple: once a strategic resource of the future has been identified, then the region that has them is in for decades, if not centuries, the site of war and destabilisation. Control the DRC (or at least part of it), and you control the oils and uraniums of the future. Welcome back to the new Alsace-Lorraine or Middle East. Or the old Congo.

As I said in Part II of this series, no place deserves a break from this relentless plunder as does the DRC.

Key government figures in Uganda and Rwanda have long been accused of orchestrating this plunder. First directly, during their respective armies’ invasions and occupations there, and then indirectly, through the proxy militias they propped up and left behind.

Three materials, among many, are absolutely critical to all of this: copper, coltan and fibreglass. Of the three, coltan is the most valuable; it is used to make heat-resistant circuits in all digital devices. Its global trade is expected to expand exponentially as the 5G revolution takes root.

Despite furious denials, these accusations have been given substance by both the United Nations, as well as a whole host of campaigning organisations. And the fact remains that hundreds of thousands of Congolese, including children, are now living and dying as exploited artisanal miners of the ore of these and other precious minerals.

But once dug up and loaded, this valuable cargo has to go somewhere. Who talks to whom? Who gets to be the middleman? Whose borders will have to be crossed – or closed – to settle those questions?

The answer lies in the answers to those questions.

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Religious Charlatans and Why Christians Fall for Them

12 min read. In a continent with crippled medical facilities, claims of divine healing and miracles by duplicitous evangelical/Pentecostal ministers have abounded, with disastrous effects. These fake pastors take advantage of the broken healthcare system and the helplessness of poor people to enrich themselves and to project a God-like image.

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Religious Charlatans and Why Christians Fall for Them
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The country has just gone through a population census conducted by the Kenya National Bureau of Statistics (KNBS) that was conducted in the last week of August 2019. The results of that census are yet to be analysed, but in 2009, the census found that more than 80 per cent of Kenyans identified themselves as Christians. The same proportion of Kenyans also indicated that faith was a central cog in their everyday life, that faith and prayers, not only ruled their daily lives, but also influenced their decisions and shaped their moral values.

In Kenya, as indeed is the case elsewhere in Africa, religious leaders enjoy high levels of public trust and respect, more than politicians, government bureaucrats, judges, magistrates, and even corporate leaders. This is not the case in the developed countries of the West especially (except in America) where religion is considered a private affair.

In the 1970s, through to the 1980s, till the beginning of this millennium, a crop of religious leaders in Kenya identified themselves as the “conscience of the nation” and the “moral voice of the voiceless”. They were regarded by the public as the “epitome of integrity”. Dubbed as “firebrands”, religious leaders, such as Bishop John Henry Okullu, at one time the provost of All Saints Cathedral in Nairobi, Bishop Alexander Muge, the soldier-turned-cleric, Archbishop David Gitari, all from the Anglican Church, plus Timothy Njoya of the Presbyterian Church of East Africa (PCEA) and Archbishop Ndingi Mwana ‘a Zeki of the Catholic Church, who served for long as the archbishop in Nakuru diocese, not only spoke truth to power, but also held to account former dictator President Daniel arap Moi and the ruling Kanu party hawks.

These architects of social justice condemned rampant institutional state corruption, abuse of human rights, the instigators of ethnic land clashes and faced Moi and Kanu’s monolithic one-party rule head-on, without fear. The constant harassment and death of some of these icons of democracy and pillars of social justice coincided with the explosion of evangelical/Pentecostal Christianity in the country. This type of Christianity prides itself in the democratisation of charisma, in which any charlatan, without any theological education or training whatsoever, simply emerges, starts a one-man church, ordains himself and thereafter, creates a business empire run solely by his family members.

This calibre of evangelical/Pentecostal leaders usually frown upon theological training and are impervious to any institutional systems of control because they would like to remain accountable only to themselves. This is not to state that there is indeed evangelical/Pentecostal clergy that is composed of men and women of integrity.

Social scientists theorise that this kind of behaviour by some of these religious charlatans is encouraged by the moral decadence of the political class and a corrupt state. The Kenyan state, as currently constituted, is characterised by wanton corruption, theft of public coffers, exclusion of minorities and certain regions of the country, rampant tribalism in the government, all of which have impoverished the masses and left them extremely vulnerable to these religious charlatans who have spawned a multi-million shilling industry.

Kenyan politicians are some of the highest paid public servants in the world, whose sole concern, it seems, is self-aggrandisement and primitive accumulation of riches. It is no wonder that religious leaders seem to gain trust in situations where the population is highly susceptible to political and socio-economic vulnerabilities. This, today, is the stark reality of many Kenyans. Unemployment is rife among the youth, the healthcare facilities across the country are wanting and cancer, among other life-threatening diseases, are claiming scores of Kenyans, while the government has yet to come up with effective policies that can mitigate these problems.

In situations like this, people become desperate and look to supernatural powers to find meaning and solace, hoping for divine answers to their pain and frustrations. Research in the global South points to similar scenarios, especially in Latin America where evangelical creed has been spreading like the Amazon forest fires that have been wreaking havoc in Brazil and Bolivia in the past several weeks.

SAPs and the proliferation of Pentecostal Christianity

The infamous structural adjustments programmes (SAPs) of the late 1970s and 1980s led to the collapse of social infrastructure, particularly in the education and health sectors, which put tremendous strain on public service delivery. The impact of SAPs was felt across the African continent. It also, in a manner of speaking, heralded the proliferation of evangelical/Pentecostal and charismatic churches that many politico-economy observers have directly linked to the SAPs crisis. Impoverished by the debilitating effects of SAPs, many Kenyans and Africans in general turned to the deliverance and faith healing ministries to cater for their daily existential problems and to dull their socio-economic sufferings.

Kenyan politicians are some of the highest paid public servants in the world, whose sole concern, it seems, is self-aggrandisement and primitive accumulation of riches. It is no wonder that religious leaders seem to gain trust in situations where the population is highly susceptible to political and socio-economic vulnerabilities.

Since then, Pentecostalism has become a thriving business and the shortest route to wealth accumulation and influence in a continent teeming with a population explosion, environmental degradation, climate change, ethnic conflicts and internecine wars, disease, massive unemployment and grinding poverty.

Evangelical pastors turned to employing all manner of tricks and techniques to exhort money from their gullible flock. They built costly magnificent churches, bought luxurious cars and houses, and generally continue to live opulent lives while their church members languish and wallow in grim poverty, misery and squalor.

The pastors tell the faithful to give money to God so that God can bless them in return. They dupe the flock by telling them that divine favours come to those who pay their tithes and offerings regularly. Often, they use the biblical injunctions such as “givers never lack” to squeeze money out of people. Pentecostal pastors also claim to have healing powers that can make the deaf hear, the blind see and the lame walk. Self-styled archbishop Gilbert Deya (of the babies’ disappearance scam saga) has been one such pastor.

In a continent with crippled medical facilities, often plagued by lack of medicine and medical equipment, claims of divine healing and miracles by some of the duplicitous evangelical/Pentecostal ministers have abounded, with disastrous effects. These pastors have always preyed on the impoverished masses that cannot afford proper medical care. They take advantage of the broken healthcare system and the helplessness of poor people. They offer ineffective prayers and supposed healing crusades to enrich themselves. The healthcare crisis in Africa has bred desperation and fomented the desire for miracles, faith healing and deliverance sessions in the hope of getting cured.

At prayer healing services in some Pentecostal churches, pastors invite people infected with HIV/AIDS to the pulpit for public healing prayers. After the dramatic prayers, the infected people are asked to throw away their antiretroviral medications and consider themselves healed.

The presumed healing prayers of the pastors are not free, and many desperate people spend a fortune paying for those prayers. These prayers continue to be administered, even as the believers’ conditions worsen and some eventually die. Desperation, stigma, family rejection and fear of witchcraft drives people into a never-ending search for miracles and cure from healing crusades and prayer rallies.

Moral failure of leadership

The growing rise of political influence and power among the Pentecostals has made them almost untouchable. Many have weaved their way into politics, becoming political influencers who shape debates and drive policy. Hence, anybody critical of the Pentecostal pastors is faced with their wrath, resistance, and condemnation from their enthusiastic members who are in government and politics.

When the former Attorney General Prof Githu Mugai published a proposed regulatory framework to control rogue clergy and religious organisations in Kenya, certain politicians, both from the ruling Jubilee party and the opposition, claimed that the government wanted to muzzle freedom of worship. The Religious Societies Rule published by the Attorney General Office in 2016 required, among other things, religious bodies to have a constitution that explicitly showed their doctrinal belief. It also required these bodies to be registered by the government, to be open to scrutiny, and above all, that pastors to have as a minimum a theology certificate from a credible and recognised institution of higher learning. Yet, the truth of the matter is that many Kenyans are still opposed and reluctant to see religious bodies regulated by the government, their public outcry about the pastors’ waywardness notwithstanding.

At prayer healing services in some Pentecostal churches, pastors invite people infected with HIV/AIDS to the pulpit for public healing prayers. After the dramatic prayers, the infected people are asked to throw away their antiretroviral medications and consider themselves healed.

The question of the day then has always been: are our Christians that gullible or are they just desperate? There is no doubt that many Christians are searching for a moral vocabulary when grappling with social and economic hard times. This is what makes them gullible. For many, church is a space to be in community with one another – a space for healing – both emotional and physically. It is a space for spiritual fellowship, for easing pain and negotiating identities and relationships. Peoples’ involvement in these type of churches cannot be exactly pinned on any particular issues. Instead, it is a function of a complexity of issues that are not just spiritual, but that are also personal and communal. During times of crisis, people turn to the church to be in community.

In many parts of Africa, the majority of the people are perpetually living in moments of one crisis after another. They feel lost, alone and in need of moral guidance. They look up to their clergy to provide a moral universe and leadership and space for healing. Indubitably, some rogue clergy have taken advantage of this perilous situation to speak the language that the gullible Christian wants to hear.

It is a challenge that many African governments grapple with every day. In 2004, the Nigerian Broadcasting Commission (NBC) banned the broadcasting of “miracles” on national television. Faith healing happens to be the greatest threat to scientific medical advancement and healthcare delivery in Africa. President Paul Kagame of Rwanda deregistered nearly 8,000 churches and demanded that the clergy get theological education before they open a church.

The greatest threat of Pentecostalism is its unregulated clergy and the moral failure of its leadership. Although other Christian denominations also suffer from this moral crisis, Pentecostalism seems to have been affected the most. Deeply embedded within the Pentecostalism’s ethos is a personality cult. Evangelical charismatic leaders are often virtually worshipped by many of their followers. Averse to proper theological education, they instead claim to have the power of the Holy Spirit as their sole teacher. Oftentimes, supported by their fanatical followers, these leaders, become small gods who cannot be questioned. In a “Christian” country like Kenya, these type of church leaders become very powerful and attractive to influential political elites.

In 2004, the Nigerian Broadcasting Commission (NBC) banned the broadcasting of “miracles” on national television. Faith healing happens to be the greatest threat to scientific medical advancement and healthcare delivery in Africa.

It is this power and godlike behaviour that leads many of the Pentecostal pastors to deal with the churches’ coffers as their personal money and church properties as their family business. While there are Pentecostal churches, such as Christ Is The Answer Ministries (CITAM), that have instituted structures and policies to handle cases of financial and pastoral misconduct, ineptitude and impropriety, many of these “personalised” evangelical churches find it hard to work within systems.

In Kenya, evangelical/Pentecostal and charismatic churches are under the Evangelical Alliance of Kenya (EAK), but it is not clear whether they have a system of checks and balances to regulate their churches. To the best of my knowledge, there is no body that regulates the so-called independent churches in Kenya and their ministers. A favourite Bible verse favoured by these pastors that says, “touch not my anointed” (Psalms 105:15) is always flashed by these ministers to fend off and stifle criticism of any kind.

Pastors Kanyari and Ng’ang’a are a power unto themselves. Many well-meaning Christians have decried such rogue religious leaders in Kenya, prompting observers to ask if religion is indeed the bane of Kenyan society. This is because of their recklessness, waywardness, lack of moral rectitude and their nefarious activities, not to mention the source of their wealth, which they always flaunt with abandon.

Kenya and Nigeria, comprise some of the most highly religious societies in Africa, but they are at the same time two of the most corrupt countries in Africa, if not in the world, according to Transparency International (TI)’s Corruption Perceptions Index. Since it was launched in 1995, Kenya has always been ranked in the bottom half of the countries surveyed – a paradox but one that we have to contend with.

The same is the case with South Africa, Uganda and Zimbabwe. An authentic church leadership has been always critical in fighting political and socio-economic ills in society. Yet, once it is co-opted by the state, it ceases to identify itself with the people and their societal struggles and finds itself silent in the face of wanton corruption perpetrated by the state’s aficionados.

The making of cult leaders

Ever since he burst into the public limelight in 2004, Prophet Owuor of the Repentance and Holiness ministry travels like the President of Kenya, his “presidential-like” motorcade complete with sirens, chase cars and top-of-the-range fuel guzzlers. Meanwhile, his fanatical followers clean the roads he is passing on with soap and detergent. Never mind that his members have never engaged in a public drive to clean the environment, even as a religious corporate responsibility.

In fact, Owuor’s rallies leave heaps of garbage at crusade venues, where tree branches are cut in celebration of purported miracles performed by the “Lord of the mightiest…mightiest of prophets,” of Yehovah, as Owuor is referred to by his followers. He is always received on a red carpet and his podium is decorated like that of a president, complete with a “presidential chair” called the “Lord’s Chair” that is always carried around wherever he goes. Prophet Owuor is clearly a man obsessed with temporal powers, even as he apparently flaunts his supposedly spiritual powers.

Ever since he burst into the public limelight in 2004, Prophet Owuor of the Repentance and Holiness ministry travels like the President of Kenya, his “presidential-like” motorcade complete with sirens, chase cars and top-of-the-range fuel guzzlers.

His retinue of security people (some of whom are believed to be from the disciplined forces) provide him with state-like security. A body count of his security detail revealed up to 24 armed men. Prophet Owuor’s religious high-handedness has led observers to wonder about the “securitisation of religion” and “religionisation of the state” in Kenya. His motorcade often causes a stir as ordinary motorists are forced off the road to make room for Kenya’s spiritual president.

The reasons for such overt displays of extravagance, opulence and power by these religious charlatans are ostensibly to pump up their egos and prove to ordinary mortals that they are extraordinary. This show of imagined “spiritual” power is obviously manufactured by people suffering from megalomania and a false sense of deep personal importance and self-love that implicitly suggests that they would like to be treated as demigods.

The tragedy of this crude display of raw power and ostentatious wealth is that it is all derived from manipulation, and very often through excessive and unsustainable debt. Followers who question the profligate lifestyle of Prophet Owuor have been known to be intimated and threatened with the curse of catching terminal ailments such as cancer and being involved in freak fatal car accidents.

The other cultish manifestation is the tendency towards the supernatural and the spectacular. The signs and wonders of “miracles” include healing, raising people from the dead, prophesying, and sharing of visions. Never mind that the majority of these miracles are frequently stage-managed using actors and actresses, psychological tools or modern technologies. Owuor has often circulated tens of images of him being transfigured, doubled and tripled. Similarly, he has circulated images of the sun clapping at him, the glory shining on him and other such theatrics. All these serve to attract and keep his members intact, and to maintain the hierarchical power structure. There is no mistaking that Owuor considers himself as the only “true” prophet.

His ministry was recently been embroiled in a sex scandal, in which his most trusted lieutenant and right-hand man was accused by several church women of cunningly sleeping with them. The women described Owuor’s acolyte and bishop of Kasarani area as a deceitful man who lured female worshippers to his house in Nairobi, oftentimes in the ungodly dark hours, to have carnal knowledge with them. The excuse he would use to entrap them was always prayers to cast out the demons that were hiding in their bodies. Why those demons needed to be chased away in the dead of the night and when the women were completely nude, only the bishop can explain. Until, the exposé in the last week of August 2019, the issue of sex pests within Owuor’s closely-knit inner circle was the worst kept secret.

The adoration and veneration of these so-called “men of God” is another distinguishing characteristic of cultism. The “Apostle,” “prophet” and “messiah”, is imaged as the chosen one, God’s messenger, the dispenser of blessings and curses, grace, health and even wealth. In the case of Owuor, he is the beholder of the golden keys to heaven, and he alone has the powers to bless people to eternity or lock them out completely. These spiritual elites also supposedly have one-to-one conversations with God, not once, but sometimes several times in a day. For Owuor, Jesus Christ actually comes down from his throne to lie and sleep on his feet.

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In seeking to display their cult-like tendencies, these type of leaders catastrophically end up dividing and isolating church members from their family, friends and even their community. Some of the Prophet Owuor’s followers that I spoke to recounted harrowing experiences and heart-wrenching stories of isolation of members who were portrayed as evil and sinful. Stringent control of church women on what they should wear, how they should wear it and even how to comport themselves are some of the control measures that afflict Owuor’s followers. One time as he held his crusade in Nakuru, I asked one of his adherents why some men and women were wrapped in curtains and he told me, “They are not to engage in sexual intercourse before and during the crusade. The Prophet demands that they abstain from connubial activities until he is done with the crusade.” Some of Prophet Owuor’s members have resorted to not shaking hands with non-church members.

Owuor’s ministry has a long list of do’s and don’ts for his followers, which include among other things, what to wear, how to speak and who to speak to. This exclusionism of members in his church has generated tremendous interest from a bewildered public. Testimonies of families breaking up are common in the church.

Another tell-tale sign of a cultist movement is the craze about possessing high-sounding titles. Owuor has more titles than any other religious charlatan I know of. Yet, followers of such leaders, educated or not, are always awed by such grandiose titles. They always seem to be intrigued by religious power and sometimes some just want to have a new religious experience.

Prophet Owuor has attracted a significant number of academics, civil servants and professionals who legitimise his cult-like image. Apparently, they are attracted by their leader’s lofty education status. It is through such obeisance of deep faith and trust, a great need to belong, sincerity, spiritual manipulation and vulnerability and isolation that gives rise to this kind of spiritual abuse.

Rogue clergy and religious charlatans are increasingly becoming a national crisis in Kenya. There has been pressure from the public for the government to tame this wayward “Christian industry” by introducing stiff regulations. Yet, the question of the people’s apparent gullibility cannot be wished away.

Why is it that they do not seem to learn from past experiences of busted rogue pastors? The Kenya government is, therefore, caught in between protecting freedoms of expression and putting a stop to religious malevolence. The government regulating the religious organisations is one thing, it is another for these faith-based organisations to also put their houses in order and regulate themselves as well if they hope to reclaim their integrity and respect.

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The ‘Othering’ of Somalis and How This Impacts Kenya’s War on Terror

15 min read. IBRAHIM MAGARA argues that instead of exploring opportunities to heal wounds, and mending ties in pursuit of the national interest, specifically national security, the Kenyan state has adopted counterterrorism approaches and strategies that are deeply divisive and historically and contextually insensitive.

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The ‘Othering’ of Somalis and How This Impacts Kenya’s War on Terror
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Since September 11, 2001, the war on terror and associated programmes, such as countering violent extremism (CVE), have been a major focus of attention among experts drawn from a multiplicity of sectors and disciplines. The “war on terror” has been an evolving yet controversial realm of academic inquiry and policy discourse whose implementation is characterised by controversial conceptual contours and dramatic practical turns, with important challenges both in the United States (its origins) and abroad. It is a war that remains as elusive in actuality as it is contested as a concept.

So far one cannot confidently point at any known example of a society that has waged and won this war and indeed there is scepticism as to whether any will for the simple reason that that the said war is unconventional. Perhaps the best-known way to win the war on terror is not to start one. But Kenya has, over the years, positioned itself as an unswerving ally of the West, particularly the US, in this war and as such the country is already deeply engaged in one.

This then raises the question about what we know about better ways, if any, of going about the war on terror and CVE. A lot of commentators on this subject have consistently argued for the need to focus on “winning hearts and minds”, particularly of members of the affected society – the so-called “at risk” groups – as a better approach to CVE programmes and addressing the menace of terrorism broadly understood. This entails, among others, the ability to create and diligently transact on a counter-narrative to sentiments of violent extremism with the aim of winning the confidence of the most affected communities in view of (i) dissuading those already engaged in this barbarism; (ii) reducing and hopefully eventually eliminating new recruitments and; (iii) recruiting and deploying the concerned and/or “at risk” community as an ally in the fight against the vice.

In the case of Kenya, and following the said logic, therefore, the Kenyan Somali community, given its strong national and cultural ties with Somalia (the base of Al Shabaab), is a major player which must be constructively and meaningfully engaged if the country is to make any significant gains in as far as the so-called war on terror and CVE programmes are concerned. However, I argue that there is a little problem here given the fact that the Kenyan state and the Somali community have historically not enjoyed good relations, hence raising the question about how such antagonism negatively impacts Kenya’s CVE programmes and its approach to the war on terror in general.

The cost of terror

Having suffered numerous attacks, stretching from the 7 August 1998 bombing of the US embassy in Nairobi by elements linked to Al Qaeda to this year’s attack on the dusitD2 hotel complex in upmarket Nairobi, Kenya has undoubtedly paid a huge price with regard to terrorism, just as it has had its share of challenges related to CVE. Even as the country marks the 21st anniversary of the 1998 bombing that claimed over 200 lives, the risk of terror lurks, its smell lingers with its dangers obviously palpable as are its scars.

In the case of Kenya, and following the said logic, therefore, the Kenyan Somali community, given its strong national and cultural ties with Somalia (the base of Al Shabaab), is a major player which must be constructively and meaningfully engaged if the country is to make any significant gains in as far as the so-called war on terror and CVE programmes are concerned.

The impact of Al Shabaab’s reinvention and sophistication was first felt in Kenya and indeed the world during the Westgate mall attack on 21 September 2013 that left 68 dead and more than 200 wounded. Before this incident, Al Shabaab was associated with arguably low-level attacks, such as hurling grenades and/or improvised explosive devices (IEDs) at groups of people in public spaces, such as churches, mosques, markets and bus stops, coupled with incidents of hijackings and kidnappings, especially in the north-eastern and coastal regions of the country.

After Westgate, two other complex attacks have been executed by Al Shabaab that not only led to loss of life, but also caused untold pain to Kenya and Kenyans. These were the Garissa University attack on April 2, 2015 in which 147 people, most of them students, were killed and the dusitD2 hotel complex attack on 15 January this year that left 21 dead. Such attacks have raised questions about Kenya’s preparedness, its ability to deter such attacks and/or deal with them, and most importantly, whether there are assurances of non-recurrence.

The number of Kenyans who have since died as a result of Al Shabaab attacks is certainly staggering. While this is the case, the Kenyan government has arguably not put in place measures to ensure and assure its public and the world that such horrifying attacks will not happen again. Furthermore, the number and frequency of low-level attacks, especially targeting security personnel in the north-eastern region, is worrisome. Even more disturbing is what I call the “kawaidaness” (near normalisation) with which a section of Kenyan society is increasingly greeting the news of the latter kind of attacks.

It is no secret that Al Shabaab still remains a huge threat to Kenya and the region. The terror group appears to have been able to manipulate religion and other historical dynamics, such as Kenya’s troubled internal divisions and worsening political and economic fragmentation along regional and ethnic lines, to further its cause, making it a resilient monster and most importantly an enemy from within whose rise can be seen, in part, as a direct result of the Kenyan state’s (in collaboration with foreign allies) approach to CVE and the war on terror.

The problematic framing of CVE

Following the recent wave of white supremacist attacks in the US, some minority groups, particularly Muslims, including those from Somalia, have continued to express their displeasure with the profiling that is associated with the US’s CVE programmes. Such programmes have been criticised as being vehicles for profiling and criminalising Muslims and other marginalised communities. Similar programmes in the UK under “Prevent” among others, requires all public workers (for example, every public school teacher) to report on radicalisation, solidifying what can be seen as a new channel of “the school-to-prison pipeline” largely affecting immigrants, especially from countries that are predominantly Muslim and Arab.

These kinds of skewed CVE and war on terror programmes and approaches are certainly deeply problematic since they not only create resentment but also provide a clear path through which the targeted communities’ vulnerability to violent radicalisation may actually increase, hence ultimately becoming counter-productive. These kinds of programmes, disguised as security measures, are not by any means new in the world. For example, in the US, there has been the so-called Black Identity Extremist (BIE) programme that has historically been used by the FBI to portray black activists as terrorists and a violent threat to law enforcement, thus creating a dangerous nexus of CVE and BIE with black Muslims as the target of close monitoring and containment.

Some commentators have argued that BIE, Prevent and similar CVE programmes, particularly in the West, are never designed to counter-violence. On the contrary, they are directed at suppressing dissent from marginalised communities, hence their focus is on individual acts rather than the systemic roots of violence. As such CVE programmes are not only ineffective but actually possible avenues of breeding and exacerbating different types and levels of violence, including what is conceived as violent extremism, radicalisation and terrorism in many jurisdictions, including both in the global North and the global South, including Kenya.

Another problem that is closely related to these constructs and approaches is the “othering” associated with how the states in question decide who is “at risk” or who are the “concerned communities”. For example, looking at one of the CVE programmes in Boston, it is interesting to note that it outlines and documents social and economic trauma faced by the Somali community. Then it proceeds to lay out as one of the key solutions to such a social problem the establishment of opportunities and platforms through which the local police spend time with Somali youth aged between 13 and 17 years. It becomes difficult to ascertain if and how this is less humiliating and insulting than other programmes that, for instance, target similar sections of society with mental health support. This is for the simple reason that such programming has already judged and, in most cases, condemned, albeit covertly, a certain group of people as being dangerous, hence in need of help; otherwise they are terrorists, at least in potency.

Some commentators have argued that BIE, Prevent and similar CVE programmes, particularly in the West, are never designed to counter-violence. On the contrary, they are directed at suppressing dissent from marginalised communities, hence their focus is on individual acts rather than the systemic roots of violence.

In short, what runs across such conceptions and praxis is a thoroughgoing governmentality with a long history of criminalisation of marginalised communities, which unfortunately is not an answer to violence but a tool to constantly exclude and then justify the suppression of official state-sanctioned oppression on the grounds of those groups being potential producers of insecurity and/or disruptors of peace and harmony. This is exactly what is happening in Kenya with the securitisation and militarisation of the Somali territories operating within a complex context of historical marginalisation based on contested Somali identity.

The history of the problem

As pastoralists scattered across the vast “wastelands” in the north-eastern part of Kenya, Somalis have historically largely survived in immense isolation, often under deplorable social and economic conditions away from the public domain and far from the centre, neither contributing much to national development nor sufficiently benefitting from economic and political gains that the country has been making since independence. This is, however, changing significantly, given the Somalis’ current ventures into and gains from business and trade.

Somalis have equally been victims of state-led violence of atrocious nature committed across the years, including during the irredentist Shifta War and a number of massacres, such as the Wagalla and Garissa massacres, which collectively saw the killing of over 8,000 Somalis

Somali territories have historically remained highly securitised and militarised. It only takes a road trip from Garissa – just across the Tana River – to Mandera and you will easily appreciate this fact. I recall that during my frequent travels to the region between 2016 and 2018, my driver often jokingly said that “sasa tumevuka mpaka wa Kenya” once we crossed the security check, which is curiously right on top of the Garissa Bridge.

As pastoralists scattered across the vast “wastelands” in the north-eastern part of Kenya, Somalis have historically largely survived in immense isolation, often under deplorable social and economic conditions away from the public domain and far from the centre, neither contributing much to national development nor sufficiently benefitting from economic and political gains that the country has been making since independence.

There are numerous accounts by experts tracing the history of the rise of Somali nationalism in the 1950-60s, the subsequent Kenya-Somalia border controversy and the associated cessation ideology and Shifta War. The systematic historical and contemporaneous alienation of the Somalis is traceable to the rise of Somali nationalism beginning towards the end of the 19th century into early 20th century. This was around the time of the advent of European colonisation and the partitioning of Somali-inhabited territories between Western powers.

The partitioning of the Somali nation between the British, the French, the Italians, and the Ethiopians was a critical moment in the political history of Somalis in the Horn of Africa. The permanent fragmentation of the Somali key grazing areas, which occurred when the British handed over the Somali-dominated, and still contested, Ogaden in 1948 and Hawd areas in 1954 to Ethiopians, was to follow. This set in motion not only one of the most disputed border areas in the Horn of Africa that renewed Somali resistance regionally, but also lay the foundation for Somalis’ later notions of “ambiguous citizenship in Kenya

The years leading to independence for both Somalia and Kenya were epitomised by intensified Somali political disturbances, which were repeatedly echoed in various means. The growth of nationalistic ideology led to the establishment of political parties, such as the Somaliland National League (SNL) and the Somali Youth League (SYL), with goals of furthering Somali nationalism

The quest for Somali unity does not fall too far from Al Shabaab’s dubious claims to unite the Somali people, especially the youth, and guard them against external (particularly Western) corruption, which resonates well with ideologies of Boko Haram in Nigeria and ISIS in the Middle East.

We should not forget that before undergoing the two dramatic transformations that have led to the lethal terror group that Al Shabaab has become, the group was originally a youth militia associated with the relatively moderate Islamic Courts Union (ICU) that rose to power in Somalia in early 2006 with the aim of establishing an Islamist state in Somalia.

Perhaps the only nuance in the historical clamour for a Pan-Somali ideology is an emphasis on the need for the said Greater Somalia to be an Islamic state, which was always a factor anyway, although it was not as heavily pronounced back then as it has been in recent years. It is an ideology that Al Shabaab has continued to exploit and package in religious propaganda in furtherance of its terror activities. To this end, I think, we cannot dissociate the historical clamour for Somali unity with Kenya’s current challenges with the war on terror for the simple reason that the search for an all-inclusive Somali state was an unwelcome idea for the Kenyan authorities and had to be quashed at all costs and by adoption of all means, as was witnessed during the Shifta War.

The Kenya-Somalia border dispute was one of the earliest post-colonial border controversies and one that presented unprecedented challenges for the newly independent state, with Kenya adopting a militaristic pacification approach to quash the ideology. Revisiting such history is important, especially at a time when Kenya is again locked in an escalating territorial dispute with Somalia

While Somali leaders believed in the unity of the Somali people irrespective of the flags under which they lived, the Kenyan leadership, on the other hand, perceived the demands by the Somali population as an outright act of aggression on its territorial integrity. However, this is not a creation of the governments of independent Kenya since, in many significant ways, the strained relations between the Kenyan state and the Somali community is an inheritance from the colonial state’s blunders, including a referendum held in 1962 in the Northern Frontier District (NFD) regarding the political future of the inhabitants of the area, whose results the colonial government did not follow through, particularly due to opposition by Kenyan leaders who were serving in the colonial government, notably Jomo Kenyatta and Ronald Ngala

Expectedly, under Kenyatta, who had argued that no inch of Kenyan territory should cede, the newly-established post-colonial Kenyan state threw a cordon sanitaire around Somali territories of the country the same way the colonial government did. This meant that social, economic, cultural, and political activities of Somalis were seriously curtailed and human rights abuses against them intensified, marking the beginning of a bitter resistance (the Shifta War) whose consequences were historically disastrous and whose scars, particularly among the Somalis populations, remain to date. This became a major turning point in the “othering” of Somalis in Kenya, with far-reaching implications, especially as regards current CVE and war on terror. 

The othering of Kenyan Somalis

The othering of the Somali community in Kenya is perhaps one of the single most important factors fanning the historical marginalisation and current identity contestation. This othering is characterised by stereotyping, with symbolically fixed boundaries including popular narratives about the Somali community’s inability to integrate. It takes a simple observation of the patterns of the Somali lifestyle in urban set-ups like Nairobi to determine that they indeed live in same and specific locations, do business in specific spaces etc.

The historical disavowal of Kenya’s Somalis is based on several fetishes of differences relating to their language, culture and religion, but also with its own poetics, deeply invested in power as a product of discursive and hegemonic practices well theorised in mainstream discourse analyses. Under colonial rule, Somalis were stereotyped as “hostile”, “warlike” or “warriors”, concepts that the Kenyan government and the non-Somali Kenyan public seem to have easily accepted without question; they are assumed and adopted as true representations of Somali identity. This has come with a huge cost, as experienced through the so-called “violence of decolonisation” and indeed current struggle with homegrown extremist violence, which the majority of the Somali youth are perceived as highly exposed to.

The othering of the Somali community in Kenya is perhaps one of the single most important factors fanning the historical marginalisation and current identity contestation. This othering is characterised by stereotyping, with symbolically fixed boundaries including popular narratives about the Somali community’s inability to integrate.

The lack of integration of the Somali community and lack of interaction between them and the non-Somali populations in Kenya exist in and furthers relations of mutual suspicion. But since the government is seen as controlled by the non-Somali communities, the Somalis are simply victims of asymmetric relations in which they are viewed by the rest as troublesome. It takes a little attentiveness to the public mood and you will tell that such sentiments are heavily pronounced every time there is a terror attack. In such times, suspicion of the Somalis seems to surge and a lot of ordinary non-Somali Kenyans create a narrative that is openly aggressive to Somalis but somehow, with the help of the posture and conduct of the state, such aggressiveness is normalised.

It reminds me of an incident in 2015 after the Garissa attack when I attended a function in Nairobi in the company of a Somali driver who was wearing a kanzu. At some point after midday, he wanted to go for prayers in a mosque across the road and so he came to where I was to inform me about it. As he walked away, someone remarked, albeit jokingly, if “we were safe”, a statement that I found offensive, not only to my colleague but to Somalis and any reasonable person really. Of course, I raised my concern over the same, to which the said person casually apologised. This was especially annoying given the stature of the person in question and the nature of the event. It goes to show that as a society there is a prevalent perception about Somalis that we have been reluctant to interrogate in relation to the bigger discourse on terrorism.

The othering narrative discursively accentuates the distorted imagery of the Somalis as “warlike” or as the “enemy of the Kenyan state” and even birthed the derogatorily yet normalised stereotype of “wariah”, which is a rather unconscious continuation of the colonial representation of their identity as “warriors” by the public. This stereotype of Somalis has undoubtedly influenced the Kenyan government’s perceptions and handling of the Somalis but also positions the wider public against the Somali community.

It should not be lost on us that by the time the NFD was handed over to the post-independent Kenyan government, stereotypes of “warlike” Somalis contributed to the beginning of anti-Somali sentiments, with an emergence of more derogatory repertoires mutating and normalised over time, ranging from “shiftas”, “wariah”, “bandits’,jangili”, “Al Shabab”, “Al Shabaab sympathisers”, and most recently, “cash points”. Such images, real or imaginary, have continued to influence the Kenyan authorities’ behaviour towards the Somalis, leading to gross violations of human rights, for instance as was witnessed during Operation Usalama Watch that followed the Westgate attack. The historical othering was discursively articulated by portraying the Somali quest for independence as “secessionist” and its people as being anti the Kenyan state.

It is simply the nuanced formulation of such configuration that justifies the current narrative that associates Somalis with terrorism, or at least as sympathisers of Al Shabaab, and hence collectively perceived and dealt with as a threat to national security. Regardless of the political rhetoric of unity, the actions of the government and the mood of the general public regarding the place of Somalis in the wider scheme of CVE and the war on terror are that the community is a “problem to be fixed” – the same logic employed by the CVE programmes in the West, particularly in the US and the UK.

The relationship of antagonism between the state and the Somali community causes anxiety and uncertainty, especially at this critical moment when the state desperately needs genuine input from the Somali community if its CVE programme and the wider war on terror is to “succeed”. While there is a need for a sense of national unity and pride (patriotism) in the campaign against terrorism and extremist violence, the Somali othering obstinately negates the sense of that value by revealing the ambivalences of the Kenyan state as a stable unified entity, which creates fault lines that continue to be exploited to the advantage of terrorists, particularly Al Shabaab.

It should not be lost on us that by the time the NFD was handed over to the post-independent Kenyan government, stereotypes of “warlike” Somalis contributed to the beginning of anti-Somali sentiments, with an emergence of more derogatory repertoires mutating and normalised over time, ranging from “shiftas”, “wariah”, “bandits’,jangili”, “Al Shabab”, “Al Shabaab sympathisers”, and most recently, “cash points”.

Furthermore, this othering continues to be reinvented and redeployed as a tool for Kenya’s own precarious constitution as a “nation” but also as a justification for the perceived Somali revolt against their own country, including their indifference to the war on terror and government’s CVE programmes.

Which way now for CVE and war on terror?

Now that Kenya is already deep in the problematic war on terror, it is imperative to keep up the tempo of counterterrorism operations in order to eliminate threats and degrade the capabilities of militants, particularly Al Shabaab. Indeed, nothing can justify terrorism and violent extremism, but we must also acknowledge that they do not arise in a vacuum. As the United Nations Secretary-General (UN-SG) rightly notes, “actual or perceived injustice and promised empowerment become attractive wherever human rights are being violated, good governance is being ignored and aspirations are being crushed.” He particularly singles out state violence and abuse of power as “tipping point” for terror.

If the Kenyan state is to make and/or consolidate its gains, if any, on the war on terror, it must deeply reflect on its positionality in regard to the conception and approaches that it has since adopted and experimented on. This includes, but is not limited to, a genuine appraisal of how the state’s perception and handling of the Somali community undermine the country’s own efforts against extremist violence.

To address any type of violence, society must focus on the structures that disadvantage certain groups, including historically marginalised communities – not just obvious physical violence, but also structural violence, such as that related to and sustained by inequities. This is for the simple reason that violence, including terrorism, emerges and survives in environments of identity contestation, hence ultimately insurgencies are best defeated by political legitimacy.

In its attempts to tackle the drivers and enablers of extreme violence, Kenya needs to open a political conversation on the county’s painful history and create a platform through which to forge a future that promises opportunities for all its people. This is one of the pathways to enacting in its people the sense of patriotism and national unity that are vital ingredients in the struggle against insurgency and the ever-changing terrain of security challenges. This calls for re-imagination of ingenious and pragmatic approaches in forging solidarity in addressing the pressing security concerns of our time.

Unfortunately, instead of exploring opportunities to heal wounds, as suggested by the Truth, Justice and Reconciliation Commission (TJRC), and mending ties in pursuit of the national interest, specifically national security, it appears that the war on terror and approaches to CVE that the Kenyan state continues to adopt are deeply Western and historically and contextually insensitive. Hence they actually contribute to reproducing and deepening antagonism between the state and a section of its own society, thereby significantly undermining the former’s security objectives.

One then wonders if and how Kenya’s current CVE programme and counterterrorism strategies, tilted to Western framings and laden with American bias, will succeed. It certainly is a problematic issue area, especially when the CVE within the purview of the war on terror is perceived as nothing other than a violent return of the colonial past, with its split geographies of “us” and “them”; “civilization” and “barbarism”; and “good” and “evil”.

Without any intention whatsoever to validate such grave claims and conspiracies, one would want to seriously consider the implication of certain narratives that are prevalent in Kenyan society, especially during and around terror attacks. Issues, such as claims of Al Shabaab discrimination during attacks and/or conspiracy theories such as that there was word among Somalis about the impending attack at the Garissa University College, calls on experts to reflect deeply on such matters and place them in their historical-political context as they wrestle with the process of meaning-making of Kenya’s prospects as far as the war on terror is concerned and the positionality of the Somali community in these complex dynamics.

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