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Dying for Justice: Who Killed Oscar Kingara and George Paul Oulu?

20 min read. Cases of extrajudicial killings by police and other state security agents are commonplace in Kenya, where such murders often do not lead to prosecution or justice for the victims. ISAAC OTIDI AMUKE revisits the case of two prominent human rights defenders who were killed in 2009 in broad daylight on a Nairobi street.

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Dying for Justice: Who Killed Oscar Kingara and George Paul Oulu?
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Whenever one drives along Ring Road in Kilimani, and glances across the hedge of the Kileleshwa Police Station, where several vehicles are parked inside the compound, one is likely to spot an abandoned white Mercedes Benz E200, registration number KAJ 179Z, with a missing rear windshield, The last time the Mercedes Benz moved before it was towed to the police station was when it was forcefully shoved by enraged University of Nairobi students into the entrance of Hall 2, one of their hostels located adjacent to State House Road. Pushing the Mercedes Benz onto the sloped university terrain wasn’t difficult. It had stood stationary on State House Road, its occupants shot dead.

It was Thursday 5 March 2009 at about 6 p.m when Oscar Kamau Kingara, the Executive Director of the Oscar Foundation Free Legal Aid Clinic Kenya (OFFLACK), and George Paul Oulu, also known as GPO, his Communications and Advocacy Officer, were caught in evening Nairobi traffic on State House Road. One would expect to run into a little traffic at that hour and place. However, what the duo were unaware of, as narrated by a number of university students who witnessed what next transpired at close range, was that the gridlock was stage-managed.

‘‘A group of us were coming from lectures that evening,’’ Mathew (not his real name) told me. ‘‘Others were walking from the hostels towards town and the main library. The killers acted as if we were nonexistent. We saw everything.’’

A Mitsubishi Pajero drove out of a University of Nairobi gate, the one located right next to Hall 11 in front of one of the university’s clinics, pretending to be joining State House Road. It then stopped midway on the road once it had cut off the flow of traffic, its occupants staying put, as if unperturbed by the intentional inconvenience they were inflicting on the now slowly building up stream of vehicles coming down from the State House Girls School side. The Pajero rudely cutting off traffic was the first red flag for the students.

‘‘A group of us were coming from lectures that evening,’’ Mathew (not his real name) told me. ‘‘Others were walking from the hostels towards town and the main library. The killers acted as if we were nonexistent. We saw everything.’’

‘‘We saw the Pajero interrupting traffic, but didn’t think much of it,’’ said Andrew (not his real name) who was part of Mathew’s group from the lecture halls. ‘‘We imagined it was one of those big-car uncivil Nairobi drivers.’’

One of the vehicles the Pajero forced to stop was the Mercedes Benz. Kingara was its driver, Oulu the passenger. In under a generous estimate of three minutes of the students encountering the Pajero, the students heard a series of loud gunshots. By this time, they had walked into the Lower State House residential unit, which holds Halls 10, 11, 1 and 2. Knowing the frosty relationship between University of Nairobi students and the police, the gunshots instantly triggered anxiety among the students already settled inside their hostel rooms. They all started screaming from their windows, expecting the worst. Had the police shot one of their own?

Cutting the University of Nairobi’s main campus halls of residence right into two – Lower State House and Upper State House clusters of hostels – students from both sides of State House Road were now scrambling in their hundreds out of windows, confused and wanting to catch a piece of the action. Looking at the under 100 metre distance between the huge tree behind Hall 11 where the shooting took place and the little gate from where the Pajero had stalled, the students who had the best vantage point to witness everything were those looking out from the upper floors of Halls 11 and 9, the two male student hostels sandwiching the scene.

‘‘The gunshots were so loud, which made us suspect the shooting was happening within the university’s vicinity,’’ James (not his real name), a third year Bachelor of Arts Hall 9 resident told me. ‘‘It wasn’t difficult to locate the Mercedes Benz from my window on the second floor. It was the only vehicle with men hovering around it.’’

After the first gunshots, students with a quicker reflex directed their attention to the scene and caught sight of the two men dressed in similar suits finishing the job. Occupants of nearby vehicles didn’t dare step out, possibly paralysed by the display of impunity by the shooters who had the audacity to summarily execute the driver and his passenger in broad daylight right in the environs of the University of Nairobi, which is known for its protests.

‘‘After shooting the vehicle’s occupants,’’ James from Hall 9 went on, ‘‘the shooters in identical suits shot in the air before slowly strolling towards a minivan that was about three vehicles behind the Mercedes Benz. They got into it, and as it was turning around before driving away, my friends and I noticed its driver was wearing what resembled a police uniform. Our observation would later be corroborated by other students.’’

For a long time, whether having beers at Senses or standing in groups outside the library, the tens of student witnesses I have interviewed spoke about that Thursday evening in surgical detail, piecing together minute bits of information crowd sourced from whoever saw anything, eventually managing to reconstruct the scene.

‘‘We all saw different bits of whatever happened that evening,’’ a now thirty-something Mathew told me. ‘‘But when we pieced everything everyone saw together, which became the widely accepted narrative, our conclusion was that once the Pajero created a temporary traffic jam, the men in identical suits disembarked from the minivan with their guns. They then looked inside each of the vehicles ahead of the minivan, until they got to the Mercedes Benz. On identifying the two men as their targets, they summarily executed them.’’

‘‘I’ve been told by a Hall 9 student that the driver of the minivan was wearing a military fatigue jacket, the ones worn by the police. Did any witness you interacted with share the same view?’’ I asked Mathew.

‘‘I’ve heard the same thing before from third parties,’’ Mathew replied, ‘‘but I can’t confirm its veracity.’’

However, what the students didn’t need to reconstruct was what happened after Oulu and Kingara were shot.

‘‘Not too long after those in Halls 9 and Hall 11 watched the men in suits in action,’’ Mathew recollected, ‘‘those of us from the lecture halls ran to State House Road and surrounded the scene. We wanted to see who had been shot. That is when we heard another gunshot. As we dispersed temporarily, two men walked from the direction of the Pajero, wanting to access the Mercedes Benz, each holding a pistol. We watched them ransack the pockets of the two shot men before taking documents and a laptop from the back seat.’’

‘‘Can you identify the men if you saw them or their photos?’’ I asked Mathew.

‘‘I don’t want to answer that,’’ Mathew said. ‘‘I don’t like the idea of killers thinking I can recognise them.’’

According to Mathew, the men from the Pajero were in no hurry. Going by that evening’s series of events, the students arrived at an inescapable conclusion: the killers were policemen. No other logical conclusion could explain such a display of meticulous organisation and absolute impunity – the Pajero cutting off traffic, the men in suits shooting the Mercedes Benz occupants, and finally the men from the Pajero taking their time at the scene as if crossing the T’s and dotting the I’s.

It was when the two men were milling around the scene of the killing that the group of students tried to engage them in small talk.

‘‘Mbona humuwabebi?’’ a student asked as the men left the scene. Why aren’t you taking away the bodies?

‘‘Wengine watakujia,’’ one of the men casually replied, unruffled. Others will come to clear the scene up.

After the men in the Pajero left, the students realised that Oulu was still breathing. Unlike Kingara, whose death best illustrates the term summary execution (he was shot at least three times in the head, possibly in quick succession, and his body remained in an almost upright position in the driver’s seat) Oulu had used his left hand to block a bullet, which went through his wrist and through his head. Seeing that the university sanatorium was less than 100 metres from the scene, daring students removed Oulu’s body from the vehicle, but before they could move beyond 20 metres, they noticed he had stopped breathing.

Just before nightfall, a few senior students managed to positively identify Oulu. He had been a celebrated Vice Chairman of the Students Organisation of Nairobi University (SONU). On leading a protest in 2004 against tuition fee increment, he had received a 1,000-day or three academic year suspension. He came back to the university in 2007 to complete his degree course in Mathematics and Economics. He hadn’t graduated by the time he was shot in March 2009.

The students’ original police-and-robbers theory was disproved. One of the victims was, in fact one, of their own, as was initially feared when they first heard gunshots. Knowing the University of Nairobi students’ modus operandi, State House Road was immediately shut at the first sign of protest. News had to get to the president, who lived barely 500 metres away.

It was under these circumstances that the students shoved the Mercedes Benz into Hall 2. Thereafter, Kingara’s bled-out body was hidden under a staircase. Wanting to forcefully retrieve the body, anti-riot police engaged in an overnight battle with students. In the process, a first-year student, Edwin Gesairo, was shot dead.

‘‘I am the one who hid Kingara’s body,’’ a former student told me. ‘‘We were going for an all-out war.’’

But, some still ask, were the students even half right in their prima facie police-and-hardcore-wanted-criminals hypothesis? Who were Kingara and Oulu, and what had they been doing that might have led to their violent and bloody death?

***

The answer came in agenda item three during the May 2009 11th session of the United Nations Human Rights council in Geneva. In an addendum to his presentation, Prof. Philip Alston, the UN’s Special Rapporteur on extrajudicial, summary or arbitrary executions, confirmed that Oulu and Kingara were among members of civil society with whom he had met during his February 2009 visit to Kenya to investigate rampant extrajudicial killings by death squads within the security system and the police. In affirming the student’s suspicion that the killing of Oulu and Kingara was premeditated assassination, Alston stated:

‘‘Moreover, we urge your Excellency’s Government to expeditiously carry out an independent investigation into the killing of Oscar Kamau Kingara and George Paul Oulu. While we do not in any way prejudge the question of the responsibility for this assassination, it is inevitable under the circumstances that suspicion should fall upon the Kenya Police.’’

However, if one were to argue that the police per se weren’t involved in the assassination or shouldn’t be the primary target of investigations, as alluded to by the Special Rapporteur’s statement, then the outlined mandate within which Prof. Alston was basing his request carried a more comprehensive scope of what was meant by his suspicion of the state’s complicity. He was asking for an investigation into:

‘‘Deaths due to the attacks or killings by security forces of the State, or by paramilitary groups, death squads, or other private forces cooperating with or tolerated by the State; death threats and fear of imminent extrajudicial executions by State officials.’’

There was no doubt that Kingara and Oulu had made enemies in high places. But did they, eighty-four days before their slaying, sign their own death warrants?

On New Year’s Day 2009, the Oscar Foundation wrote a letter to the Office of the Chief Prosecutor at the International Criminal Court (ICC) at The Hague, calling for investigations into suspected state-sponsored extrajudicial killings targeting alleged members of Mungiki – the predominantly Kikuyu cultural and sometimes spiritual grouping, which from time to time ventured into the political sphere, and which was in other instances accused of criminality. Mungiki was accused of enforcing a parallel taxation regime in the public transport sector in Nairobi and Central Kenya, and of running a shakedown racket in informal settlements in Nairobi, where it demanded payment in exchange for protection of businesses.

‘‘I am the one who hid Kingara’s body,’’ a former student told me. ‘‘We were going for an all-out war.’’

Fashioned as Mau Mau reincarnate, Mungiki swept through Central Kenya in an unprecedented manner, a form of peasant uprising against the moneyed and ruling Kikuyu elite, which at the time controlled the levers of state power. The group was condemned as being some sort of loose-cannon ragtag militia prone to extortionist tendencies, a ready gun for hire for politicians, sometimes including suspected state actors. It was therefore a messy, complicated affair, where it now appeared its leadership and membership – who knew too much and became unruly according to the powers that be – had become a liability to the political and security establishments. The extrajudicial killings of Mungiki members came after its members were suspected to have been deeply involved in revenge attacks during the 2007/2008 post-election violence, hence resulting in extrajudicial and enforced disappearances of some within its ranks. It was therefore anyone’s guess as to who had authorised the mopping up of Mungiki.

On New Year’s Day 2009, the Oscar Foundation wrote a letter to the Office of the Chief Prosecutor at the International Criminal Court (ICC) at The Hague, calling for investigations into suspected state-sponsored extrajudicial killings targeting alleged members of Mungiki…

The Oscar Foundation’s audacious request to the Office of the Chief Prosecutor at the ICC was for warrants to be immediately issued against the President of the Republic of Kenya, Mwai Kibaki, the Minister of Interior, Prof. George Saitoti and his outspoken predecessor John Michuki, and the Commissioner of Police, Maj. Gen. Hussein Ali, alongside his subordinates who were allegedly directly linked to extrajudicial killings and enforced disappearances in Kenya.

The timing of the letter couldn’t have been worse. In January 2009, the Kenyan political establishment was jittery. There were rumours of probable indictments of prominent Kenyans by the ICC, with elements within Mungiki being perceived as likely corroborators in sections of the prosecution’s evidence, which could be used against leading political players implicated in the violence following the 2007/2008 post-election violence – violence where over 1,200 lives were lost and over half a million citizens got displaced in under two weeks. The Oscar Foundation request to ICC’s Chief Prosecutor, Luis Moreno Ocampo, asking him to direct his investigative torch towards Kenya, seemed like an affront to the political establishment.

This letter was followed by Kingara’s and Oulu’s presentation of evidence on extrajudicial killings in February 2009 to the UN’s Prof. Philip Alston in a public event at the United Nations Office in Gigiri, Nairobi. Feathers were surely ruffled.

***

The Oscar Foundation wasn’t a huge organisation. Run from a small but tastefully furnished rented office in China Centre on Nairobi’s Ngong Road, the organisation’s operations were pretty specific – to document cases of extrajudicial killings and enforced disappearances, and to offer free legal aid to families of victims of the same. The partitioned office had two sections, the first one filled with thousands of files neatly arranged in a series of wall-to-wall cabinets surrounding an open plan office for paralegals. The second partition was where Oulu and Kingara operated. It was a lean, mean team causing the state considerable discomfort.

However, the dark cloud hanging over the Oscar Foundation was that it was a cover for Mungiki. On the morning of 5 March 2009, the day Oulu and Kingara were killed, the Government of Kenya’s spokesman, Dr. Alfred Mutua, issued a scathing attack on the organisation, repeating allegations that it was a conduit through which Mungiki received foreign aid and laundered money. In a move which would later come back to haunt the state, Dr. Mutua issued a not-so-veiled threat against the organisation, promising that the state would act firmly on Mungiki and its sympathisers. Less than 12 hours later, Oulu and Kingara were dead.

***

Within civil society, there were murmurs that a plausible trigger for the assassination of Oulu and Kingara was the abrasive nature of their approach to activism. For instance, on the day of their shooting, the duo had paralysed public transport on major routes in Nairobi. They worked with matatu touts and drivers who went on a go-slow in solidarity with the families of those within their ranks who had been killed on suspicion of being members of Mungiki. It wasn’t the first time the Oscar Foundation had coordinated such a protest.

‘‘Kingara owned this huge roadshow truck on which he displayed life-size images of the president and a number of cabinet ministers, all of whom the accompanying texts were effectively calling murderers,’’ a civil society executive who wished to remain unnamed told me in Nairobi. ‘‘That was extremely audacious.’’

Was the Oscar Foundation a cover for Mungiki, or was it that since the majority of its clients (families and friends of those suspected of having been summarily executed by the state) were members of Mungiki, therefore the organisation and those it served were conflated into one? This will remain a matter of conjecture, since the Kenyan state has never released evidence to prove the claim. That the state declined a formal offer by the United States Ambassador to Kenya to have the FBI join in on the investigations into the assassination of Oulu and Kingara – among other pointers towards possible complicity – continues to fuel the theory that very highly placed elements within government had something to do with the killing of the two human rights activists.

To date, the assassination of Oulu and Kingara remains unresolved.

***

The killing of Oulu and Kingara shook the Kenyan human rights fraternity to the core. It was no longer a question of human rights defenders receiving empty threats; death by execution was officially on the cards.

‘‘The most profound case I have ever encountered in the defence of human rights defenders has to be the assassination of Kingara and Oulu,’’ Sam Mohochi, a lawyer and human rights defender who at the time of the killings was the Executive Director of the Independent Medico-Legal Unit (IMLU), told me. ‘‘I made a deliberate attempt to escalate the matter legally, but one of the families kindly requested that we shouldn’t.’’

IMLU had been one of the few lone voices in the wilderness speaking against extrajudicial killings, which were backed by its numerous autopsy reports. In what may appear to be as a stroke of genius, IMLU combined medicine and the law, somehow playing the role of Kenya’s non-existent coroner at a time when doing such wasn’t mainstreamed.

The killing of Oulu and Kingara shook the Kenyan human rights fraternity to the core. It was no longer a question of human rights defenders receiving empty threats; death by execution was officially on the cards.

As Executive Director, Mohochi found himself having to stick his head out several times. He recalls that in December 2008, on the sidelines of the United Nations Human Rights Council meeting in Geneva, he met Prof. Philip Alston and his assistant Sarah – now a professor in New York – who told him that finally, the Kenyan government had agreed for the Special Rapporteur to pay Kenya an official visit. Prof. Alston was therefore asking for support. When Mohochi got back to Kenya, he started readying things.

‘‘I told them they can do their preparations,’’ Mohochi told me, ‘‘and that on our end, we would provide them with suggestions on which organisations they should consult, and plan for which victim groups they would meet. The fact that Alston was having meetings at the Kenya National Commission on Human Rights or using church facilities whenever he went outside Nairobi, were all very deliberate choices from our end, much as we weren’t part of his mission. The only thing I did was to invite Alston’s interlocutors, including Kingara.’’

According to Mohochi, he hadn’t agreed with Kingara, especially on the claim by the Oscar Foundation that over 8,000 individuals were victims of either enforced disappearances or extrajudicial killings by the police, since the only evidence backing up that claim were names and photos, and there was no way of ascertaining whether those were over 8,000 unique names and images. In a word, the data wasn’t solidly verifiable.

‘‘I didn’t agree with Kingara’s modus operandi for arriving at those very high figures,’’ Mohochi said. ‘‘That notwithstanding, I invited him to speak to Prof. Alston because in this struggle, all contributions are valid.’’

During Prof. Alston’s first closed-door meeting with the Kenyan civil society at Hotel Intercontinental, Oulu and Kingara arrived early to erect three Oscar Foundation drop-top banners. No one else had brought any publicity or similar material. When Prof. Alston walked into the room, he asked Mohochi what the banners were.

‘‘I called Oulu and asked him to kindly put the banners away,’’ Mohochi said. ‘‘At that moment, we noticed the presence of two suspicious characters in the room. When asked who they were by Muthoni Wanyeki of the Kenya Human Rights Commission, they couldn’t explain themselves properly. I told them I was the one who had sent out the invitations, meaning I hadn’t sent them any, and asked them to kindly leave.’’

In subsequent days, Oulu and Kingara had the opportunity to present their evidence on extrajudicial killings and enforced disappearances to Prof Alston. The next time Mohochi saw them was at the United Nations Office in Nairobi on the day Prof. Alston released his damning report, which labelled Attorney General Amos Wako as the embodiment of impunity and which demanded the resignation of Commissioner of Police Maj. Gen. Hussein Ali. In Prof. Alston’s eyes, it appeared, extrajudicial killings in Kenya needed urgent mitigation.

Even to Mohochi, who had played a leading role during Prof. Alston’s visit, the final report was shocking.

‘‘I hadn’t had a look at the report,’’ Mohochi said. ‘‘I was part of the crowd just like everyone else. If you consider Alston’s career as a rapporteur, he had never gone that far. That report was quite undiplomatic, partly because there had been attempts of state interference on his investigations in places like Bungoma.’’

A fortnight after the report came out, Oulu and Kingara were assassinated.

Did Alston’s report contribute to their deaths, or were there more complicated reasons behind their killing?

***

During the subsequent sitting of the United Nations Human Rights Council in May 2009 in Geneva, barely two months after the assassination of Oulu and Kingara, the Government of Kenya sent two high-powered delegations to Switzerland. One was led by the Minister of Interior, Prof. George Saitoti, while the second was led by the Minister of Lands, Senior Counsel James Orengo. There were certainly jitters in Nairobi.

Attending a discussion at which Prof. Alston, Mohochi and the Kenya National Commission on Human Rights (KNCHR)’s chairperson, Florence Simbiri-Jaoko, were panelists, Mutea Iringo, the Principal Secretary in the Ministry of Interior, asked to be provided with specifics on the threats faced by human rights defenders so that the government could intervene. It was farcical, given that not too long before, Oulu and Kingara had been killed in death squad style. Mohochi decided to play along, giving two death threats against him as an example.

‘‘I couldn’t risk giving details about anyone else’s death threats,’’ Mohochi said, ‘‘and so I volunteered my own two death threats, going as far as giving the Occurrence Book (OB) Number under which I reported them at Parklands Police Station. To date, neither Mr. Iringo nor Parklands Police have ever contacted me about the same.’’

***

It was under these tension-filled circumstances that organisations such as Mohochi’s IMLU, the Kenya Human Rights Commission (KHRC), the Release Political Prisoners (RPP) pressure group, among others, upped the ante in the protection of human rights defenders. They had already operationalised the National Coalition of Human Rights Defenders (NCHRD) back in 2007 – a clear sign that threats to activists didn’t start with the killing of Oulu and Kingara – which was hosted at different times by either IMLU, KHRC or RPP. It wasn’t until 2012 that NCHRD established a fully functional secretariat from where it solidified its programmes and countrywide protection networks, with Mohochi as founding chairman of its board of trustees.

‘‘We were already protecting human rights defenders starting from as early as 2001,’’ Mohochi told me, ‘‘not just as IMLU but as a broader coalition of actors. We were meeting at the Kenya Human Rights Commission, and had a budget for this. It’s not that we woke up in 2007. That’s only when we formalised the NCHRD to proactively put in place further mitigation measures for human rights defenders to do their work without fear of recrimination. Defenders were always alive to the sorts of risks their work attracted.’’

‘‘It was in the early 90s when we started having conversations about who defends the defenders,’’ Salome Nduta, a protection officer at NCHRD, told me at their near-clandestine Nairobi nerve center. ‘‘Before a functioning protection network was in place, activists had to be each other’s keepers, in the literal sense.’’

To date, the NCHRD has taken up hundreds of protection cases from across Kenya while doing what every responsive organisation in its shoes would ordinarily do – to continue disrupting itself and adopting fresh strategies as new threats emerge. From the word go, the difficult question has been – and not only for the NCHRD: How does one ascertain what comprehensive protection entails? With time, the scope of what it means to offer protection has kept expanding, as new, more complicated cases have landed at the NCHRD.

The broad strokes with which protection has been painted include offering legal, medical and psychosocial support, and in extreme cases, relocation. The practicalities of these range from bailing out activists during protests, to offering them advocates for those charged in courts of law, paying their medical bills and offering counselling, all meant to cushion human rights defenders, especially those in the frontlines at the grassroots.

‘‘Since our inception, protection has evolved,’’ Salome told me. ‘‘Now we have situations where an activist gets killed, and the idea of protection means you may now have to intervene and support their families for a time in whatever way possible, since a lot of times the deceased happens to be the sole breadwinner.’’

These sorts of interventions can be difficult, since organisations such as the NCHRD almost always have budgetary constraints. The idea that anyone can knock on their doors anytime and seek assistance has similarly created the impression that the organisation is swimming in wads of cash, something Salome tells me is far from the truth. Interestingly, the largest chunk of their budget goes into offering legal support.

‘‘I cannot quantify the amount of money we’ve spent on paying for bail and bond so far,’’ Salome says. ‘‘A lot of times our legal kitty runs dry sooner than expected. The arrest and harassment of activists doesn’t stop, while the ongoing cases take forever. This means ours is a continuous, long game of legal support.’’

According to Mohochi, the evolution of the concept of protection cannot happen without local context.

‘‘I have always maintained that we can’t blindly copy Westernised ideas of protection without factoring in our circumstances,’’ he says. ‘‘Something like temporary relocation. You can imagine how many people one might need to relocate, but then after they come back what next? I therefore believe in a proactive approach to protection, where we built a nationwide grassroots network of defenders who continuously assess their risk levels and act to mitigate threats before things escalate. We encourage them not to take suicidal risks.’’

Yet no matter how fool-proof protection programmes got, and despite the numerous cautionary measures human rights defenders employed at a personal level, there were no guarantees that more soldiers of justice wouldn’t lose their lives in the line of duty.

***

On 27 June 2016, Kenya woke up to a strongly trending social media hashtag #FindLawyerWilly. Willy Kimani, an advocate working for International Justice Mission (IJM), had gone missing four days earlier. Missing alongside Willie were his client, Josephat Mwenda – a bodaboda rider and victim of a supposed accidental shot in the arm by Senior Sergeant Fredrick Leliman – and Joseph Muiruri, their taxi driver. They had last been seen thirty odd kilometers from Nairobi, at the Mavoko Law Courts where Mwenda had sued Senior Sergeant Leliman.

‘‘There was a sense that IJM didn’t want to make a lot of noise publicly about the matter,’’ a lawyer who was involved in the early stages of the investigation, but who sought anonymity, told me. ‘‘They believed the police would speed up investigations, possibly because they had received assurances from senior state officials, or out of high-level interventions by the U.S. embassy, seeing that IJM is an American charity.’’

Yet no matter how fool-proof protection programmes got, and despite the numerous cautionary measures human rights defenders employed at a personal level, there were no guarantees that more soldiers of justice wouldn’t lose their lives in the line of duty.

Soon, the Law Society of Kenya, of which Willy was a member, the U.S. embassy in Nairobi, representing Willy’s employer, hundreds of taxi drivers and bodaboda riders standing in for Mwenda and Muiruri, were all up in arms, unrelenting in their demand for justice. The state quickly complied and moved to investigate.

Four days later, Willy’s, Mwenda’s and Muiruri’s dead bodies were discovered in Ol-Donyo Sabuk River. All were stuffed in the kind of gunny sacks usually used to package agricultural produce. The autopsy revealed that the trio had been clobbered on their heads by a blunt object before being strangled. The killers had hit Willy the hardest; his skull had the severest fracture. Mwenda appeared to have been physically tortured the most, as if someone sought a confession from him. Muiruri, the taxi driver, seemed to have been collateral damage, a case of being in the wrong place at the wrong time.

The game-changer in the Willy, Mwenda and Muiruri case arose from a most unlikely quarter. Peter Ngugi Kamau, a police informant whom preliminary investigations had placed inside the murder syndicate, unleashed a 21-page confession, detailing how the three men were abducted after leaving Mavoko Law Courts before being driven away in the vehicle of Senior Sergeant Leliman, the man accused of shooting Mwenda. Leliman was in charge of the Syokimau AP Camp, which is where he held the abductees in a cell. According to the confession, Willy, Mwenda and Muiruri were later driven to an open field where they were killed one after the other before their bodies were disposed. Other suspects in the murders were Sergeant Leonard Maina Mwangi, Corporal Stephen Chebulet and Constable Silvia Wanjiku Wanjohi. Their dramatic trial is still ongoing.

Questions have been asked as to why the police moved swiftly in the matter. Was it the Americans, or was it because the decision to kill was made by junior officers, or both? Does the level at which a decision to kill is made affect the nature and speed of investigations? For now, hope abounds that justice will be served.

‘‘My sense was that the police officers who committed the murders considered Willy a disposable small fish,’’ the lawyer told me, ‘‘thinking that they could kill him and his colleagues and that no one would raise a finger. They were mistaken. Lawyers and other human rights defenders saw the deaths as a wake-up call.’’

The next big hashtag campaign a couple of years later resulted in serious contestation. On 10 February 2019, #FindCarolineMwatha was the big fuss online. A founding member of the Dandora Social Justice Centre, Caroline Mwatha had disappeared four days earlier. Described by Wangui Kimari of the Mathare Social Justice Centre as one of the kindest and most likable individuals she had ever met, Mwatha and her colleagues had received a series of death threats for their work documenting extrajudicial killings in Dandora, considered one of Nairobi’s hotspots.

‘‘They shared with me the threats they had received,’’ Wangui told me, ‘‘after which I wrote emails to a number of organisations seeking support. Seeing that it was December 2018 and organisations were preparing to break for the holidays, there is a real possibility that some of those pleas went unheeded, or those concerned planned to act in the New Year. We evacuated a few individuals, with the majority retreating to their home villages.’’

A hardcore grassroots organiser, Mwatha was part of a ground-up human rights movement, where instead of waiting to write and release reports in air-conditioned offices, they operated at the very front lines, shielding disadvantaged communities from rampant police brutality. In her Dandora locale, Mwatha and her colleagues were investigating a number of extrajudicial killings, especially of young men killed in cold blood on the pretext of fighting crime. It was because of this work that trigger-happy policemen were slowing down.

‘‘It isn’t uncommon for well-known killer cops to issue public death threats to those working at social justice centres,’’ Wangui told me. ‘‘In Mathare, some of our colleagues can’t go to places such as Mlango Kubwa because the reigning killer cops in those areas have given them direct warnings. It isn’t child’s play.’’

After the hashtag trended for a few days, on February 11, activists met and decided to hold a protest the following day to put pressure on the state to either produce Mwatha, or give a progress report on their investigations, if any. The protest never materialised. That morning, news broke that Mwatha’s body was found at the City Mortuary. According to subsequent investigations, the police alleged that Mwatha had been brought to the facility after dying from bleeding at a clinic in Dandora, where she was procuring an abortion.

Through a series of media leaks, the police alleged that from their analysis of her phone records, Mwatha was having an extramarital affair which resulted in an unwanted pregnancy, hence the abortion. In what was alleged to be Mwatha’s last communication with the man believed to be her secret lover – once again leaked to the press – the messages revealed a woman in distress.

Was someone concocting a predetermined narrative with the calculated media leaks?

‘‘We have never believed the abortion theory,’’ one of Mwatha’s colleagues who has since withdrawn from human rights work told me. ‘‘She was a powerhouse in Dandora and silencing her has had a chilling effect on everyone here. We have been asking ourselves, if they could kill Caroline, then who can’t they kill?’’

The autopsy, which was witnessed by leading members of civil society, revealed that Mwatha bled to death courtesy of a raptured uterus. However, the looming question the pathologist left for investigators was: Did Mwatha procure the botched abortion voluntarily, or was it done to her against her will – for her to bleed to death and for the abortion narrative to be used as a cover-up for murder? In the world of activism, it is common for perpetrators to employ such seemingly picture-perfect techniques in eliminating a target. It has been hard to convince Mwatha’s colleagues of the abortion theory. To them, it remains an assassination.

For now, human rights defenders keep watching their backs, hoping they won’t become a hashtag. A few others whose names couldn’t trend fell through the fissures of social media, slipping away quietly.

A criminal human rights reporting project by Africa Uncensored (AU) and the Institute of War and Peace Reporting (IWPR)

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Isaac Otidi Amuke is a Kenyan writer and journalist.

Politics

Xenophobia in South Africa: A Consequence of the Unfinished Business of Decolonisation in Africa

8 min read. The recent Afrophobic attacks in South Africa are symptoms of a deeper problem that has its roots in the Berlin Conference of 1884-1885.

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Xenophobia in South Africa: A Consequence of the Unfinished Business of Decolonisation in Africa
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South Africa has consistently experienced cyclical xenophobic flaring that has dented its image in Africa and in the world. The country continues to receive a high number of both documented and undocumented migrants as it has become a top destination in South-to- South migration. Beyond its geographical proximity to other African states, the current migration patterns have to be understood as a consequence of history and as such the xenophobic flaring has to be read as an unfinished business of decolonisation in Africa.

History created two processes that shaped Africa’s politics and economies, even up to today, creating a complex conundrum for our policy makers. Firstly, the Berlin conference created artificial borders and nations that remain problematic today. These borders were not fashioned to address the political and economic interests of Africans but the imperial powers of Europe. Institutions and infrastructure were created to service the imperial interests, and this remains the status quo despite more than four decades of independence in Africa. Secondly, Cecil John Rhodes’ dream of “Cape to Cairo” became the basis upon which the modern economy was built in Africa. This created what the late Malawian political economist, Guy Mhone, called an enclave economy of prosperity amidst poverty, and resultantly created what Mahmood Mamdani termed the bifurcated state, with citizens and subjects.

A closer look at the African state’s formation history provides insights on the continuities of colonial institutions and continuous marginalisation of Africans as the state was never fashioned to address their political and economic interests from the beginning.

Drawing on classical African political economists, this article argues that, unknowingly, the South African government and in particular, the African National Congress (ANC) leadership, a former liberation movement, have fallen into the trap of the logic of the underlying colonial epistemologies informing migration debates in Africa. The Afrophobic attacks in South Africa fly in the face of Africa’s founding fathers, such as Nkrumah, Nyerere, Machel, Kaunda and Mandela, and of the African Union’s dream of a borderless African economy and society.

In his essay “In Defence of History”, Professor Hobsbawm challenges us to read history in its totality:

However, the new perspectives on history should also return us to that essential, if never quite realisable, objective of those who study the past: “total history”. Not a “history of everything”, but history as an indivisible web in which all human activities are interconnected.

It is when we read history in its totality that we are able to make connections about the relations between the past, present and future. Looked at closely, the current xeno/Afro-phobia insurrections engulfing South Africa have to be read within the totality of history. Therefore, this piece argues that the xeno/Afro-phobia flarings that have been gripping South Africa ever since 2008, and which have cast South Africa it in bad light within the African continent, are contrary to the ethos of Pan-Africanism and are largely a product of the history of the scramble and partition of Africa at the Berlin Conference of 1884-1885.

Whose borders? Remembering the Ghosts of Berlin

By the beginning of the 1870s, European nations were in search of natural resources to grow their industries and at the same expand markets for their products. This prompted strong conflict amongst European superpowers and in late 1884, Otto von Bismarck, the then German Chancellor, called for a meeting in Berlin of various representatives of European nations. The objective was to agree on “common policy for colonisation and trade in Africa and the drawing of colonial state boundaries in the official partition of Africa”.

The xenophobic/Afrophobic attacks in South Africa fly in the face of Africa’s founding fathers, such as Nkrumah, Nyerere, Machel, Kaunda and Mandela, and of the African Union’s dream of a borderless African economy and society.

At the end of the Berlin Conference, the “European powers had neatly divided Africa up amongst themselves, drawing the boundaries of Africa much as we know them today”. It was at this conference that European superpowers set in motion a process that set boundaries that have continued to shape present-day Africa. Remember that there was no King Shaka, Lobengula, Munhumutapa, Queen Nzinga, Emperor Haile Selassie, Litunga of Barotseland among many other rulers of Africa at this conference. There was Otto von Bismarck, King Leopold II and their fellow European rulers who sat down and determined borders governing Africa today.

This is the epistemological base upon which current “othering” within citizenship and migration policies are hinged. This colonial legacy has its roots in the Berlin Conference of 1884-1885, where major European powers partitioned Africa amongst themselves and formalised it with the current borders that have largely remained intact and the basis of the modern state in post-colonial Africa. Therefore, policies on identity, citizenship and migration in Africa have been largely informed by modern nation-state forms of territoriality drawn from remnants of colonial policies. These have tended to favour the elites and modernised (privileged, intelligentsia, government officials and business) at the expense of the underclass in Africa, who form the majority.

Most of the institutions and policies characterising the post-colonial African state are bequeathed by legacies of colonialism, hence the need for African states to listen to the wisdom of Samir Amin and “delink from the past” or bridge Thabo Mbeki’s “two nations” thesis and create a decolonised Africa where Africans will be no strangers.

Africa’s citizenship and migration policies remain unreformed and informed by colonial epistemology and logics. The partitioning of Africa into various territories for European powers at the Berlin Conference means most of the present-day nation-states and boundaries in Africa are a product of the resultant imperialist agreement. The boundaries were an outside imposition and split many communities with linguistic, cultural and economic ties together. The nation-state in Africa became subjugated by colonial powers (exogenous forces) rather than natural processes of endogenous force contestations and nation-state formation, as was the case with Europe.

Stoking the flames

African communities are burning from Afrophobia/xenophobia, and at times this is sparked by Africa’s elites who make reckless statements based on the logics of the Berlin Conference. Africa’s poor or the underclass are the most affected, as these xeno-insurrections manifest physically and violently amongst poor communities. Among elite communities, it manifests mostly in subtle psychological forms.

South African leaders continue to be oblivious to the crisis at hand and fail to understand that the solution to the economic crisis and depravity facing the South African citizenry can’t easily be addressed by kicking out foreigners. In 2014, prominent Zulu King Goodwill Zwelthini had this to say and the whole country was caught up in flames:

Most government leaders do not want to speak out on this matter because they are scared of losing votes. As the king of the Zulu nation, I cannot tolerate a situation where we are being led by leaders with no views whatsoever…We are requesting those who come from outside to please go back to their countries…The fact that there were countries that played a role in the country’s struggle for liberation should not be used as an excuse to create a situation where foreigners are allowed to inconvenience locals.

After a public outrage he claimed to have been misquoted and the South African Human Rights Council became complicit when it absolved him.

Towards the South African 2019 elections, President Cyril Ramaphosa also jumped onto the blame-the-foreigner bandwagon by stoking xenophobic flames when he said that “everybody just comes into our country…” Not to be outdone, Johannesburg Mayor, Herman Mashaba, has been on the blaze, blaming foreigners for the rise in crime and overcrowded service delivery.

On the other hand, Minister Bheki Cele continues to be in denial as he adamantly characterises the current attack on foreigners as acts of criminality and not xenophobia. Almost across the political divide there is consensus that foreigners are a problem in South Africa. However, the exception has been the Economic Freedom Fighters (EFF) that has been steadfastly condemning the black-on-black attacks and has characterised them as self-hate.

Whither the Pan-African dream?

In his founding speech for Ghana’s independence, Kwame Nkrumah said, “We again rededicate ourselves in the struggle to emancipate other countries in Africa; for our independence is meaningless unless it is linked up with the total liberation of the African continent.”

This speech by President Nkrumah set the basis upon which Ghana and some of the other independent African states sought to ensure the liberation of colonised African states. They never considered themselves free until other Africans were freed from colonialism and apartheid. Tanzanian President Julius Nyerere had this to say:

I reject the glorification of the nation-state [that] we inherited from colonialism, and the artificial nations we are trying to forge from that inheritance. We are all Africans trying very hard to be Ghanaians or Tanzanians. Fortunately for Africa, we have not been completely successful. The outside world hardly recognises our Ghanaian-ness or Tanzanian-ness. What the outside world recognises about us is our African-ness.

It is against this background that countries like Zimbabwe, Namibia and South Africa benefitted from the solidarity of their African brothers as they waged wars of liberation. Umkhonto weSizwe, the African National Congress’ armed wing, fought alongside the Zimbabwe People’s Revolutionary Army to dislodge white supremacist in Southern Rhodesia. And Nigeria set up the Southern Africa Relief Fund that raised $10 million that benefitted South Africans fighting against the apartheid regime. The African National Congress was housed in neighbouring African countries, the so-called frontline states of Zambia, Zimbabwe, Mozambique, Lesotho and Tanzania. In some cases, these countries had to endure bombings and raids by the apartheid regime.

African communities are burning from Afrophobia/xenophobia, and at times this is sparked by Africa’s elites who make reckless statements based on the logics of the Berlin Conference.

The attacks on foreign nationals who are mostly African and black by black South Africans and the denial by South African government officials that the attacks are not xenophobic but criminal are attempts to duck a glaring problem that needs urgent attention. It is this denialism from authorities that casts aspersions on the Pan-African dream of a One Africa.

Glimmers of hope

All hope is not lost, as there are still voices of reason in South Africa that understand that the problem is a complex and economic one. The EFF has also managed to show deep understanding that the problem of depravity and underdevelopment of Black South Africans is not caused by fellow Africans but by the skewed economic system. Its leader, Julius Malema, tweeted amidst the flaring of the September 2019 xenophobia storm:

Our anger is directed at wrong people. Like all of us, our African brothers and sisters are selling their cheap labour for survival. The owners of our wealth is white monopoly capital; they are refusing to share it with us and the ruling party #ANC protects them. #OneAfricaIsPossible.

Yet, if policy authorities and South Africa’s elites would dare to revisit the Pan-African dream as articulated by the EFF Commander-in-Chief Julius Malema, they may be able to exorcise the Ghosts of Berlin.

Signs of integration are appearing, albeit slowly. East African countries have opened their borders to each other and allow free movement of people without the need for a visa. Kenyan President Uhuru Kenyatta has even gone further to allow people from Tanzania and Uganda to work and live in Kenya without the need for a visa. In addition, Rwanda and Tanzania have abolished work permit fees for any national of the East African Community. Slowly, the Ghosts of Berlin are disappearing, but more work still needs to be done to hasten the process. The launch of the African Union passport and African Continental Free Trade Area (AfCFTA) offers further hope of dismantling the borders of the Berlin Conference. South African authorities need to look seriously into East Africa and see how they can re-imagine their economy.

Towards the South African 2019 elections, President Cyril Ramaphosa also jumped onto the blame-the-foreigner bandwagon by stoking xenophobic flames when he said that “everybody just comes into our country…”

The continuous flow of African migrants into South Africa is no accident but a matter of an economic history question. Blaming the foreigner, who is an easy target, becomes a simple solution to a complex problem, and in this case Amilcar Cabral’s advice “Claim no easy victories” is instructive. There is the need re-imagine a new development paradigm in South Africa and Southern Africa in general to address questions of structural inequalities and underdevelopment, if the tide of migration to Egoli (City of Gold) – read South Africa- is to be tamed. The butchering of Africans without addressing the enclavity of the African economy will remain palliative and temporary. The current modes of development at the Southern African level favour the growth of South African corporates and thus perpetuate the discourse of enclavity, consequently reinforcing colonial and apartheid labour migration patterns.

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Politics

Gambling Against the Kenyan State

7 min read. After spending several months with gamblers in Kenya, Mario Schmidt finds that many see their activity as a legitimate and transparent attempt to make ends meet in an economy that does not offer them any other stable employment or income.

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Gambling Against the Kenyan State
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In the period from June to August this year Kenyan gamblers were hit by a wave of shocking news. Only a couple of weeks after Henry Rotich, Kenya’s National Cabinet Secretary, proposed a 10% excise duty on any amount staked in betting in order ‘to curtail the negative effects arising from betting activities’, the Kenyan government decided to shut down several betting companies’ virtual mobile money wallet systems because of alleged tax evasion. As a consequence, gamblers could no longer deposit or withdraw any money. This double attack on the blossoming betting industry has a background both in Kenya as well as elsewhere. Centered around the capitalist conundrum to realign the moral value of hard work and the systemic necessity to make profit, states tend to combine moral attacks on gambling (see the case of Uganda) with attempts to raise revenues. The vice of gambling turns into a virtue as soon that it raises revenue for the state.

It is also gambling’s allegedly nasty character which made the term a prime metaphor for the excesses of finance capitalism as well as for the pitiful status of the economies of neoliberal Africa characterized by rampant inequalities. Social scientists, politicians as well as journalists portray financial capitalism as a place where, in the words of George Paul Meiu, ‘gambling-like speculation and entrepreneurialism replace labour’ and the ‘magical allure of making money from nothing’, as Jean and John Comaroff have written, has seized the imagination of a vast majority of the population. Faced with a dazzling amount of wealth showcased by religious, economic and political leaders alike, young and unemployed men increasingly put their hopes on gambling. Trying to imitate what they perceive as a magical shortcut to unimaginable wealth, so the story goes, they become foolish puppets of a global capitalist system that they often know little about and have to face the dire consequences of their foolish behaviour.

After spending several months with gamblers both in rural as well as urban Kenya, I can only conclude that this story fails to portray reality in its complexity (see Schmidt 2019). While it is undeniable that some gamblers attempt to imitate the acquisition of a form of wealth that they perceive as resulting from a quick-to-riches scheme, a considerable number of Kenyan gamblers do not. In contrast, they portray and enact gambling as a legitimate and transparent attempt to make ends meet in an economy that does not offer them any other stable employment or income.

Narratives about betting leading to poverty, suicide and alcoholism neglect the fact that the majority of young Kenyan gamblers had already been poor, stressed and under extreme economic pressure before they started gambling, or, as a friend of mine phrased it succinctly: ‘If I don’t bet, I go to bed without food every second night, if betting does not go well, I might sleep without food two days in a row. Where’s the difference?’ Gambler’s betting activities therefore cannot be analyzed as a result of a miserable economic situation alone. Such a perspective clearly mutes the actors’ own view of their practices. They see betting as a form of work they can engage in without being connected to the national political or economic middle class or elite, i.e. without trying to enter into opaque relationships characterized by inequality. In other words, I interpret gambling as directed against what gamblers perceive as a nepotistic and kleptocratic state capitalism, i.e. an economy in which wealth is not based upon merit but upon social relations and where profit and losses are distributed in a non-transparent way through corruption, inheritance and theft.

Before I substantiate this assumption, let me briefly offer some background information on the boom of sports betting in Kenya which can only be understood if one takes into account the rise of mobile money. The mobile money transfer service Mpesa was introduced in 2007 and has since changed the lives of millions of Kenyans. Accessible with any mobile phone, customers can use it to store and withdraw money from Mpesa agents all over the country, send money to friends and family members as well as pay for goods and services. A whole industry of lending and saving apps and sports betting companies has evolved around this new financial infrastructure. It allows Kenyans to bet on sports events wherever they are located as long as they possess a mobile phone to transfer money to a betting company’s virtual wallet.

Gamblers can either bet on single games or combine bets on different games to increase the potential winning (a so-called ‘multi-bet’). Many, and especially young, male Kenyans, bet regularly. According to a survey I conducted last November around a rural Western Kenyan market centre 55% of the men and 20% of the women have bet in the past or are currently betting with peaks in the age group between 18 and 35. This resonates with a survey done by Geopoll estimating that over 70% of the Kenyan youth place or have placed bets on sport events.

Both journalistic and academic work that understand these activities as irresponsible and addictive had previously primed my perception. Hence, I was surprised by how gamblers frame their betting activities as based upon knowledge and by how they enacted gambling as a domestic, reproductive activity that demands careful planning. They consider betting as a meticulously executed form of work whose attraction partly results from its detachment from and even opposition to Kenyan politics (for example, almost all gamblers avoid betting on Kenyan football games as they believe they are rigged and implicated in local politics). Put differently, the gamblers I interacted with understand their betting activities as directed against a kleptocratic capitalist state whose true nature has been, according to my interlocutors, once more revealed by the proposal to tax gambling in Kenya.

Two of my ethnographic observations can illustrate and substantiate this claim, the first being a result of paying close attention to the ways gamblers speak and the second one a result of observing how they act.

Spending my days with gamblers, I realised that they use words that are borrowed from the sphere of cooking and general well-being when they talk about betting in their mother tongue Dholuo. Chiemo (‘to eat’), keto mach (‘to light the fire’), mach mangima (‘the fire has breath’, i.e. ‘is alive’) and mach omuoch (‘the fire has fought back’) are translations of ‘winning’ (chiemo), ‘placing a multi-bet’ (keto mach), ‘the multi-bet is still valid’ (mach mangima) or ‘the multi-bet has been lost’ (mach omuoch). This interpenetration of two spheres that are kept apart or considered to be mutually exclusive in many descriptions of gambling practices sparked my interest and I began to wonder what these linguistic overlaps mean for a wider understanding of the relation between gambling and the ways in which young, mostly male Kenyans try to make ends meet in their daily lives.

While accompanying a friend of mine on his daily trips to the betting shops of Nairobi’s Central Business District, I realized that the equation between gambling and reproductive work, however, does not remain merely metaphorical.

Daniel Okech, a 25-year-old Master of Business Administration worked on a tight schedule. When he did not have to attend a university class during the mornings which he considered not very promising anyway, he worked through websites that offered detailed statistical data on the current and past performances of football teams and players. These ranged from the English Premier League to the football league of Finland (e.g. the website FootyStats). He engaged in such meticulous scrutiny because he considered the smallest changes in a squad’s line-up or in the odds as potentially offering money-making opportunities to exploit. Following up on future and current games, performances and odds was part of Daniel’s daily work routine which was organized around the schedules of European football leagues and competitions. The rhythm of the European football schedule organized Daniel’s daily, weekly and monthly rhythms as he needed to make sure to have money on the weekends and during the season in order to place further bets.

Even though betting is based upon knowledge, habitual adaptations and skills, it rarely leads to a stable income. With regard to the effects it has, betting appears to be almost as bad as any other job and Daniel does not miscalculate the statistical probabilities of football bets. He knows that multi-bets of fifteen or more rarely go through and that winning such a bet remains extraordinarily improbable. What allows gamblers like Daniel to link betting with ‘work’ and the ‘reproductive sphere’ is not the results it brings forward. Rather, I argue that the equation between the ‘reproductive sphere’ and betting is anchored in the specific structure between cause and effect the latter entails.

What differentiates gambling from other jobs is the gap between the quality of one’s expertise and performance and the expected result. For young men in Nairobi, one could argue, betting on football games is what planting maize is for older women in arid areas of Western Kenya in the era of global climate change: an activity perfected by years of practice and backed up by knowledge, but still highly dependent on external and uncontrollable factors. Just like women know that it will eventually rain, Daniel told me that ‘Ramos [Sergio Ramos, defender from Real Madrid] will get a red card when Real Madrid plays against a good team.’

For young men who see their future devoid of any regular and stable employment betting is not a ‘shortcut’ to a better life, as often criticized by middle-class Kenyans or politicians. It is rather one of the few ways in which they can control the conditions of their type of work and daily work routine while at the same time accepting and to a certain extent even taming the uncontrollability and volatility of the world surrounding them.

Gamblers do not frame their betting activities in analogy with the quick-to-riches schemes they understand to lie behind the suspicious wealth of economic, political and religious leaders. While religious, economic and political ‘big men’ owe their wealth to opaque and unknown causes, gambling practices are based upon a rigid analysis of transparent data and information. By establishing links between their own life and knowledge on the one hand and football games played outside the influence of Kenyan politicians and businessmen on the other, gamblers gain agency in explicit opposition to the Kenyan state and to nepotistic relations they believe to exist between other Kenyans.

Therefore, it is unsurprising that, in the context of the betting companies’ alleged tax evasion, many gamblers have not yet repeated the usual complaints and grievances against companies or individuals that are accused of tax evasion or corruption. While some agree that the betting companies should pay taxes, others claim that due to the corrupt nature of the Kenyan state it would be preferable if the betting companies increase their sponsoring of Kenyan football teams. No matter what an individual gambler’s stance on the accusation of tax evasion, however, in the summer of 2019 all gamblers were eagerly waiting for their virtual wallets to be unlocked so they could continue to bet against the state.

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This article has been co-published between The Elephant and Review of African Political Economy (ROAPE)

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Politics

Donald Trump: America’s ‘African Dictatorship’ Moment

8 min read. For decades, the grandiosity and excesses of Africa’s strongmen have been the subject of global ridicule and scorn. Now, under Donald Trump, Americans are finally getting a taste of what an African dictatorship looks and feels like.

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For the Love of Money: Kenya’s False Prophets and Their Wicked and Bizarre Deeds
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Am I the only one who felt a growing sense of ugly familiarity while watching the 4th of July proceedings in Washington DC? It took me a few days to fully comprehend the oddity of the spectacle. It was atavistically American: a questionable real estate mogul; fighter jets roaring overhead; fireworks blowing off with abandon as vague tenants of “bravery” were touted. One only needed to add in grandiose Lynard Skynyrd music, a screw-on plastic bottle of Bud Light (for safety) and the tossing of an American flag football to make it the most US-driven spectacle ever put on display.

Apart from an eye-rolling display of questionable Americana, the whole display struck a deeper and more sinister chord. Stop me if you’ve seen this movie before: military equipment being trucked in from all over the country to be displayed as props; invites extended mainly to party loyalists; outlandish claims of nationalistic strength in the face of unknown “threats”; and an ever-ballooning budget taken seemingly from the most needy of social programmes.

Further, the entirety of the charade was put on by a leader of questionable (at best) morals, one who openly blasts the press as anti-democratic and who is known to engage in dubious electoral practices.

Many readers within East Africa may have looked at their TV screens and thought to themselves: “It’s finally America’s turn to see this ridiculousness.” They wouldn’t be wrong. In the United States right now, the term “unprecedented” is bandied about with ferocity amongst the media, with well-established media houses with sterling reputations formed through covering the 20th century’s most brutal occurrences suddenly at a loss that anything so gauche could take shape in the form of an American leader.

When it comes down to it though, doesn’t it all reside at the doorstep of personality type?

From where I sit, it most certainly does. All of these strongmen (and they are all male) – whether they’re in power, in post-political ennui or dead – have done the exact same thing. It is different strokes painted with the same brush. Their canvas, on this occasion, is that of spectacle, of projecting something that is better, stronger (dare I say less impotent?) than themselves. It is a public display of strength, ill-needed by those who don’t secretly know that they’re inwardly weak.

Many readers within East Africa may have looked at their TV screens and thought to themselves: “It’s finally America’s turn to see this ridiculousness.” They wouldn’t be wrong. In the United States right now, the term “unprecedented” is bandied about with ferocity amongst the media…

To start with, those who have systematically oppressed and plundered a country often rub it in to commemorate their “achievements”. For example, there is still a nationally celebrated Moi Day annually in Kenya, despite the former president’s record of extrajudicial measures, devaluing of the Kenyan shilling and rampant institutional corruption. Yoweri Museveni has been “democratically” elected five times, and makes sure to always inspect military guards dressed in full pomp at major Ugandan national days and events. Rwanda’s Paul Kagame had an outright military parade during his latest inauguration in 2017. It is true, such days are often celebrated with a display of token military presence; at the inaugural “Trump Day” this past American Independence Day, an exception to the rule was not found.

A key tenet of such military-driven presidential events, at least within those run by would-be strongmen, is the heavy under-current of politicisation made more stark as the figurehead acts exceptionally stoic and well-behaved for the event. At the rally on the Fourth of July, chants of “lock her up” broke out among the crowd, and reports of minor clashes made the news. Therein, as they say, lies the key difference, the breaking point from a day of democratic celebration of national history into something more sinister. It is when the very essence of patriotism swings to identify with a single individual that the political climate can become potentially even more dangerous than it already is.

Within hours of the spectacle that put him at the centre, Trump made heavy-handed allegations of communism against his political “enemies”; within days he was saying that certain Congresswomen (all of colour) should go back to their countries of origin if they didn’t “love” the US enough. The standard, it seems, is political allegiance.

Within weeks of the Fourth of July event, Donald Trump’s supporters were chanting “send her back” at presidential rallies. These chants, while directed at all four Congresswomen, (Alexandria Ocasio-Cortez of New York, Ilhan Omar of Minnesota, Ayanna Pressley of Massachusetts and Rashida Tlaib of Michigan), were particularly poignant in the context of Ms. Omar, who was born in Somalia before fleeing to the Daadab refugee camp in Kenya, and finally resettling as a refugee in the US, where she eventually found a permanent home in Minneapolis, Minnesota. This, when seen through the lens of escalating nationalism, jingoistic tendencies towards refugees (including the abysmal treatment of migrants on the United States’ southern border with Mexico in a series of “detention facilities”), and thrown as chum to stirring crowds at politically-driven rallies, is a dangerous recipe.

The message being espoused and defended at the present by both the Trump administration and right-wing politicians loyal to it has taken root at the very celebration of American democracy itself. It is, in fact, association by patriotism. It is becoming a deeper-seated sense of national identity and the mere act of seeing such policies associated with the nation’s independence is, to put it mildly, a dangerous precedent. It is a continuation of a trend of both ramping up and normalising such attacks on what is deemed “un-American” by those currently in power. This designation, once considered “beyond the norm” within United States’ politics, has rapidly shifted towards becoming the routine.

While the rally was taking place, Trump harangued the crowd with a 45-minute all-American masturbatory salute to military hardware. He read off assorted names of different combinations of letters and numbers, each signifying a different tool of top-grade, American-made weapon of death and destruction. Fighter jets, tanks, humvees, all were given their due with a salute through the rain-soaked vista of the National Mall of Washington DC. They were each named nearly laboriously, in exquisite reverence for their ability to unleash death on vague “enemies of the state” (typically seen in the guise of unspecified foreigners in Hollywood action blockbusters).

In a more current context, this is still a practice around the region. Military honour guards are inspected in ceremony by the head of state. In fairness, despite the US press’s fervent response, America has an awkward relationship with the fetishisation of the military on every official and unofficial national occasion. Fighter jets zoom over the heads of Americans. Since the 9/11 terror attacks, we have seen the rampant rise of forced acts of patriotism, many of which later turned out to be directly sponsored by the Pentagon to the tune of millions of US dollars (furnished by the US taxpayer).  This continued to deepen the divide among the American public along the lines of military interventionism and military prioritisation. It is an underlying sentiment of “tanks are now alongside White House officials, and who are you to disagree with their patriotism?” The association, as it were, is the issue.

It is a slippery slope when the military is viewed as an extension of the leadership, rather than one that protects the national interest. All too often within strongman-type of leadership structures, the military (and their goals) become an arm of the central governmental figure, with such events as seen on the Fourth of July being a means to “stroke the ego” of the leadership.

An adept dictator always knows where their bread is buttered: the more that one inflates the importance of the military and raises its stature, the more likely the military is going be loyal to you. In a sense, the Fourth of July parade was a natural extension of Trump’s extensive rallies in support of “the troops”, “the cops” and “the brave people guarding our border from the invasion from the South”. Daniel arap Moi is a good example of this behaviour; in the post-1982 coup period, he closed ranks, gave the military more emphasis, and rewarded loyalty.

Within weeks of the Fourth of July event, Donald Trump’s supporters were chanting “send her back” at presidential rallies. These chants…were particularly poignant in the context of Ms. Omar, who was born in Somalia before fleeing to the Daadab refugee camp in Kenya, and finally resettling as a refugee in the US…

In turn, this behaviour can drive the chosen narrative of the state – that the military is way too powerful to be challenged. The story is told, played out on screen, marched in front of the masses, splashed across newspaper front pages. It helps to reinforce an idea, one of division, that of being on an opposing side from the government if you dare disagree.

Make no mistake, however ridiculous the Fourth of July show was, it was most definitely intended to be a show of strength. How could one feasibly dare to challenge the seat of power when the very entirety of military might is on public display, with guns pointed squarely into the crowd from the very basis of the Lincoln Memorial? This is not unlike the grandiose trains of government vehicles that accompany Museveni as he zips around Kampala or Uhuru Kenyatta as he delays traffic whilst travelling out to play golf on the outskirts of Nairobi. (The number of cars isn’t the point; it’s that they would crush you if you were to stand in their path.) Think what you want of Kagame’s policies and the issues surrounding democratic practices in Rwanda; only a fool would doubt his closeness to the top military brass. What Trump is engaging in now is the classic appearance of alliances – the same outer projection that any opposition’ would be met with those same large caliber guns that faced outward to the crowd. Only the obtuse would see that positioning as merely coincidental.

It isn’t a coincidence that those in the Trump administration’s camp were given prime seats at the base of the Lincoln Memorial. Those “in the know” are given strength by a sort of transitive property of influence. The man on the stage is in charge of those with the guns, and he approves of you enough to let you into the inner sanctum.

It is further not a coincidence that the “vicious, mean, hateful, disgusting democrats” weren’t even invited within shouting distance of the “in club”. They haven’t shown enough Trumpian loyalty to be positioned near the military hardware. Instead members of the Democratic Party were told to “sort themselves” and largely stayed away from the proceedings of the event at the National Mall in Washington DC that rainy evening.

The end consequences of these deepening of divisions could be seen during the event and in the immediate hours afterwards. Squabbles broke out, flag-burning protesters were angrily confronted, reports of arrests were made.

From the White House (or possibly from a late night flight down to a golf course) Trump began to launch public attacks against those who would have stood against his event, his party and his party’s party. The tirade began in public, with attacks that were based on race, classism and politics. The “haters” and “losers” were blamed, and the appearance of strength steadily deepened the already existing party line divisions.

It was in the hours after that that the evidence was most apparent that Trump had used the Fourth of July “Salute to America” as a means for further political grandstanding. The traditional 4th of July political “ceasefire” was sounded with the firing off of verbal and political shots. It was in the insults that the intended circling of the wagons became further crystallised. It was classic Trump and classic strongman – to put on the best of appearances only to sink several notches lower as soon as the cameras officially turned off.

Let’s finish with the gold standard of ridiculous self-congratulatory events – Idi Amin. Am I saying that the crimes of Idi Amin are equal to those of Trump? Obviously not, but am I comparing their gauche public tendencies and sub-par intellects? Absolutely. Amin was famous for his parades during times of extreme national duress. He continued on, medals ablaze with the military’s full might on display. Add to this his self-congratulatory nature, his vindictive political favouritism and his toxic displays of might. (Amin, it has been noted, was jealous of the then Central African Republic president, Jean-Bedel Bakassa, who visited him adorned with medals more extravagant than his own.)

As for Trump, he is not one to shy away from self-aggrandisement and self-promotion. His very own Boeing 737 is famously decked with solid gold interiors. His ego can even be described as all-consuming; it eats whatever stands in its path. It is a self-sustaining entity, a black hole from which there can be no escape. The same could be said about Amin – power went to his head, and quickly. Once it did, enemies were dispatched and invented to be dispatched.

Trump’s paranoia could be viewed as becoming extreme. There is an endless need for loyalty and deference to Trump, especially amongst his most loyal followers; the Fourth of July parade was simply the latest manifestation of it. With such parades, limits and moderation don’t typically follow suit.

There will be more events, bigger showmanship and more association with himself as the idyllic vision of America. He is filling out his strongman shows nicely now, and starting to walk around in them. He now needs feats of false strength in order to back himself up.

The key difference between Trump and Amin, of course, is that the US military is a global monolith, one that can destroy the world with the push of a red button by an orange finger.

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