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

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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

South Sudan: Rebels Seek to Remove President Kiir From Power as Country Marks 10 Years of Self-Rule

Even as South Sudan marks 10 years since it attained its independence from Sudan, the fragile peace is at risk of collapsing.

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South Sudan: Rebels Seek to Remove President Kiir From Power as Country Marks 10 Years of Self-Rule
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In an interview with this writer in a Nairobi hotel on July 10, former SPLA chief of staff Gen Oyay Deng Ajak declared they are planning to oust President Salva Kiir this year.

Ajak, who is also a former minister of Investment and National Security, accuses President Salva Kiir of tribalism, destroying the ruling party SPLM, the SPLA army, the police and running down the country.

He also says that President Kiir does not want to leave power, and it is not possible for the youngest African country to go to 2023 General Election with him in power. Gen Ajak says he want to die on the seat.

Ajak is among the 11 political detainees accused of plotting a coup in December 2013 against President Kiir. The others were Deng Alor Kuol, Geir Chuang, Cirino Hiten, Kosti Manibe, John Luk, Gen Madut Biar Yel, Chol Tong Mayay. former SPLM secretary general Pagan Amum Ajak, former Defence minister Majak D’Agoot and former Ambassador to the US Ezekiel Lol Gatkouth.

They were released to Kenya in a deal between President Kiir and Uhuru Kenyatta under the auspices of Igad.

Only recently, before this interview, did President Kiir tell Citizen TV that he felt let down by Igad and particularly President Kenyatta.

“You know for Kenya, I am not happy because after the coup of 2013, President Uhuru took the lead that he was coming to take the leaders that I had apprehended during the coup. I told him, my brother, I cannot give you these people because they have to answer the charges on the role they played in the coup.”

“But President Uhuru put himself in front of me that he will not allow them to talk a single political sentence, that he would keep them safe in his house until I am convinced that they did not do anything. And so we released them to you [Kenya],” Kiir told Citizen TV in the interview aired on July 7.

The 11 detainees had become a sticking point at peace talks.

In his speech on the 10th Anniversary, Kiir vowed not to allow South Sudan to slide back to war. But he identified the National Salvation Front led by Gen Thomas Cirilo as a group that has refused to be part of the peace process and still contributes to instability in some parts of South Sudan.

General Ajak speaks about what happened in the 2013 alleged coup and the new plans to remove President Salva Kiir from power this year.

***

Eliud Kibii: What happened on that night before President Salva Kiir accused you of trying to overthrow the government?

Gen Oyay Deng Ajak: A week earlier, we had a serious discussion with Salva, me, Taban Deng, who is now a vice president, Paul Malong, now a minister and a former minister of Finance at the palace in J1 about the problems we were facing as a movement and party.

We advised that given the situation, it was better to delay the meeting of the National Liberation Council and meet with Riek Machar – First Vice President – and discuss the internal problems because people were talking about the SPLM convention, which was going to take place in May 2014.

We met with him and told him to talk to Riek, meet with Mama Rebecca [Garang], talk to [SPLM secretary general Amum] Pagan, all these people who want to contest the election next year. And these are your friends, your brothers, your comrades, you have been together – here to discuss with them. And after you meet and discuss with them, you call for a meeting of the Political Bureau, which is the most senior, and the Political Bureau will decide what action to take and how people are going to work and move ahead together.

Salva agreed and we had a good evening, had dinner, drunk and had a good time to relax up to very late hours.

At midnight, we went to our houses confident that Salva would agree to the proposal and would not call the meeting. But two days later, he called the meeting, The National Liberation Council is a big body.

Most of them [members] are very young, thus emotional. Salva raised many issues about people who want to challenge his position.

Riek said he would not attend another meeting because he was personally attacked in the way some people made their comments. Mama Rebecca also refused to go for another meeting.

Pagan was told not to attend the meeting and instead to stay in his house. Look, he is the Secretary General of the party. There is no meeting of the party without the Secretary General.

I was not a member of the National Liberation Council. I was a member during the struggle but when the army was separated from the party, I was relieved.

Now on the day the shooting took place.  I was doing a distance learning programme and there was no WiFi in my house for one week. So, I went to a hotel near the airport.

Two of my colleagues came to my house on that Sunday at around 10:30am and when they could not get me, they called and I told them I’m in the hotel and I will be coming home.

But instead waiting, they came to the hotel.

The message was that lets go meet Salva Kiir. It is Malong who was talking.

“We want you personally to go and sit and discuss with Salva,” Malong said.

I refused and said if there is a meeting with Salva, it can’t be me alone. It has to be all of us.  Malong was very disappointed with me.

We had lunch with them up to 1:32pm and they left.

Then Taban Deng called and asked me where we were having lunch. I told him we had lunch with Cirilo and General Malong, who have since left so let’s go home. General Gier also called and we went to the house.

One of the officers from the barracks called Taban and this officer used a local dialect. The officer and Taban are Nuer. The officer told Taban, “These Dinka boys have come to disarm us”.

This was the beginning of the problem.

Taban put the phone on speaker and I talked to the officer.

I said, “What is the problem?”

He said they there are Dinka boys who have come to disarm us.

And so, I asked him, how many boys have come?

He said a one company. One company is 120 SPLA officers.

But then the Nuer boys who are at the presidential guard unit are more than 1,000. They are 1,500. They cannot be disarmed by one company. Please don’t create problem, I said.

This officer told me big man, the way these people are behaving, we will not accept it. We are going to fight now.

I told them, please don’t. Let me call the SPLA headquarters and this problem will be solved.

I tried to call the Chief of General Staff then, he is a Nuer, but he was in Australia, and he was coming back by that evening.

Taban said the way this thing is, it will not reach evening. There will be a serious fight.

So, he said instead of waiting for lunch, let him go and brief Riek Machar about what was happening.

I was left with Gier.

Pagan’s sister came from church and passed by the house, Majak was coming from Nairobi, he passed by, Thomas Duoth, who was the Director General of External Security Service also came. I told him thank God you are here; you are the right man to take this message now to the President.

I tried to talk to the Acting Chief of Staff, he was not picking up the phone and I called the then Defence Minister Majak, who was also not picking up

I called the director of military intelligence who was in Uganda, the phone was ringing but nobody was picking up.

I told Luoth there is a problem in the barracks and it is you people who can solve this problem.

Unfortunately, he, with the director of internal security, decided to keep quiet. Nobody went to the president who was closing the meeting I talked about of the National Liberation Council.

Since nobody called me, I thought everything was okay and so I went out for the normal logistics.

The shooting took place at 7:30 at the barracks and Taban called me immediately.

If I take you back to the part where I said the Neur said the Dinka boys were disarming them, it was not really a disarmament.

The Nuer boys had put their weapons in an armory and the Dinka boys had surrounded it. Not that they were carrying the arms with them.

Up to now, nobody knows who sent these boys.

So, when Riek boys came under intense pressure, he gave the order that they take their arms and to do that, they had to break in the store and that’s when the shooting happened around 7:30 in the evening.

I was away at the hotel, Lumulul Logistics, and when coming back at around 9pm I passed by Jimmy’s house, the Chief of General Staff and told him there is an ongoing shooting, which is getting very serious.  Let’s go to the barracks. He said no, there are officers controlling the situation and they’re not in dire need. These are the presidential guys fighting themselves. So, you go to your house and relax you just rest, he said.

There was a lot of movement of forces on the road and my house is not very far from that of Salva Kiir.

I told Jimmy, as you see I do not have bodyguards, give me some of your bodyguards for escort to my house. He agreed.

Some of Salva’s soldiers asked me why I was still moving at this time when there is a shooting and I am a General. I told them where I was coming from and that I was going to my house.

When I got to the house, I told the kids to sleep down stairs as there was shooting all over Juba.

I stayed in the sitting room until morning.

Salva’s bodyguards were deployed and that’s when they came and put me under arrest with the others in the morning.

We really don’t know, and this is something that has not been investigated, who gave the order for part of the presidential guard unit, mostly Nuer, for their arms to be taken.

Eliud Kibii: Why do you think you were fingered as one of the suspects? Could these meetings have been the reason? 

Gen Oyay Deng Ajak: Possibly. Or maybe Salva did not expect me to be part of this Malong group that came to signal me to meet with Salva. But all of us are friends of Salva.  When I was relieved from SPLA, most of these soldiers who are mostly were Nuer from Bentiu they were the bodyguards of the former general Paulino Matip, who was a militia commander working with Bashir and we were fighting them. So even one time these same forces, they tried to attack me in my office when I was Chief of General Staff. And my argument was Salva was over this force that there is no way you can have a unit, which is mostly from one particular tribe and staying in one place.

As the Chief of General Staff, I wanted these forces to be disarmed, sent to the unit, and then mixed with the other forces so that they are part of the rest SPLA. It was Salva himself who refused this.

Salva was then thinking that he would use this force from Nuer to intimidate Riek, who is also Nuer, who was also having problems with Paulino Matip, who was also Nuer.

This force was not trained in SPLA, they were former militia and then the Dinka boys, who were also brought to Juba after I was released, were locally recruited and armed from the Office of the President, not through the Minister of Defense, not even the Chief of General Staff knew anything about them.

So, this special force, which was locally recruited and privately armed were brought to Juba by Salva himself.

When we go back to that day of the shooting, it is not SPLA soldiers and officers who fought in Juba. It is this private militia group. The militia of Omar Bashir, mostly Nuer from Bentiu, and the privately recruited militia from Dinka who fought. And this is the crisis of leadership, which has affected that country up to today. As we talk now, we the SPLA has fought and split up.

Up to today, you do not have a national army in South Sudan. SPLA has been destroyed by Salva Kiir.

Eliud Kibii: So how many of your comrades who were victimized during that alleged coup are outside the country right now?

Gen Oyay Deng Ajak:  Cirilo, myself, Pagan, Kosti, the former Minister of Finance. We are still out up to now. And there are so many others.

Eliud Kibii: Didn’t the last agreement have a provision for your safe return?

Gen Oyay Deng Ajak: The last one? We call it Khartoum agreement and we don’t see this as an agreement because the deal that we discussed was signed in Addis.

Salva refused to sign in Addis Ababa but due to regional and international pressure, he agreed to sign the agreement in Juba. But he said to everybody in Juba that this agreement is neither the Quran nor the Holy Bible.

Precisely, after few months, he broke the agreement and shooting took place in J1, in Juba because Salva was not convinced of the agreement he signed. The fighting continued until 2018.

In 2018, when these talks took place, we were in Khartoum and recommended that we go back to the previous agreement. But Khartoum, the likes of Bashir, said no and the whole thing ended up being shuttling between Khartoum and Entebbe.

So, we as the South Sudanese did not sit down to discuss and agree on something in Khartoum. It was just Khartoum telling us accept this one, don’t accept this, you have to agree to this and that through a lot of intimidation to Riek Machar.

And of course, we said no, we are not going to sit and agree on something we did not discuss. We left Khartoum some of us came to Nairobi, Kampala others went to Addis.

Those of us in Nairobi went to a meeting at Mama Rebecca’s house after the signing of the Khartoum agreement. We signed a document delinking ourselves from Khartoum peace talks. We said they were not genuine peace and its implementation would be difficult.

We rejected the Khartoum agreement because there was a lot of mess. It was not practical and that’s why we remain outside.

But again, after the signing of that agreement, Salva sent for our colleagues and said he has a special request for us. He wanted us to go to Juba.

I was in Addis and Mama Rebecca called saying we had to send a team to meet Salva. I and Cirilo refused to go.

The team went to Juba and came back but here was practically nothing.

What was the special offer? Some ministerial positions? That’s not enough. There are real problems that need to be solved in that country.

Cirilo, Pagan and myself refused to go and went back to Addis.

We remain outside and believe the Khartoum agreement was not really an agreement. It is like Salva telling us come to Juba and keep quiet.

Eliud Kibii: The Economist says it is Unhappy Birthday to South Sudan. From where you stand, how do you think the problem in South Sudan should be resolved? 

Gen Oyay Deng Ajak: The problem in South Sudan is the problem of leadership. You solve the problem of leadership; you solve all the problems in South Sudan.

But there is every reason for the people of South Sudan to celebrate the 10th year of the Independence Day because our people started fighting the colonial government in 1955.

In Anyanya 1, they didn’t gain much they agreed on regional autonomy. That agreement was not respected and the South Sudanese again started fighting in the 1980s. We achieved the Independence of South Sudan and the people voted on vote given to them after many years of fighting and sacrifice. They voted 97 [er cent for the Independence of South Sudan. We lost so many people and comrades to achieve this independence.

There are some issues we did not solve and which should have been part of the discussion between Juba and Khartoum. The issue if Abyei, Nuba Mountains and the border demarcation between the north and the south are still pending.

The fact that South Sudanese attained their independence is something we continue to celebrate.

One day, were sitting with an old man discussing the problem of South Sudan and he said, “Look, if God wants to punish you, He will give you a bad leader”.

Sometimes I want to believe in what the old man said. But still ask myself, what did we do as the people of South Sudan for God to give us a bad leader?

Because during our struggle, on so many years of this struggle, we had the best leader.

John Garang was an excellent and exceptional leader.

Garang was just a normal South Sudanese, or Sudanese and he did not consider himself as coming from this particular tribe or this particular community. He treated people equally.

So when John Garang died, we found ourselves in a serious problem.

Can we give the leadership to Salva?  We knew his weakness!

Or do we say no? And if we say no, Salva would create problems and Khartoum could use those differences amongst ourselves against us.

So, we said okay, knowing the weakness of Salva Kiir, we gave him the open support and unshakeable solidarity given his seniority.

The crisis in South Sudan can be solved in a day, if you have the right and strong leader.

But you cannot solve it with Salva Kiir because he destroyed the SPLM, the party we created in 1983.

And you know what Salva did? He organized tribal leaders called the Dinka Council of Elders, who now the one who are taking over the role of the party, the SPLM. They destroyed it.

You have the Dinka Council of Elders from their own communities, and they came to the capital Juba, and they are sitting in Juba running the party running the SPLM. Where in the world can you get such as thing?

I give an example of myself. I come from the community of the Shilluk, from the Kingdom of the Shilluk. The current king was a banker, university graduate. And when the community called him, he removed his suit and tie and put on the Shilluk traditional dress and went to the Shilluk land where he stays. He does not stay in Juba or Marakal.

If the Dinka want to have a Dinka king, we don’t have a problem with that. Let them go to the Dinka land. But there is no way that they can come take over the party and assume the role of advising Salva.

So Salva destroyed the party, created these tribal differences and now the Dinka are taking land from other communities. So, you are creating problems in the future even for the Dinka themselves.

It’s not a good thing to do. You cannot expect Salva will unite the people of South Sudan and we will not have a country called South Sudan under Salva Kiir. Not until he is gone.

He has destroyed the national army the SPLA, the national security, the national police and the national party, which was the biggest party in South Sudan, the SPLM.

Eliud Kibii: How entrenched is ethnicity in South Sudan? 

Gen Oyay Deng Ajak: Salva Kiir entrenched it. During all these years of the struggle, the people of South Sudan were united.

By then, you could move from the Ethiopian border to the border of Central Africa Republic and every village you go to, the people would serve you.

When Garang was the leader, there were many commanders from various tribes and could go everywhere to fight. There was nothing called tribalism. But now, it is Salve Kiir who created this [tribalism] in a very serious way.

So now, the people of South Sudan are fighting e.g in the greater Upper Nile, tribes are fighting. Every tribe in South Sudan now has its private army and commanders in chief. So in general, it is Salva Kiir who created this.

Eliud Kibii: Do you think Riek Machar is a better leader than President Kiir? 

Gen Oyay Deng Ajak:  He has never been a leader and I don’t want to assume he would be better, unless the people of South Sudan elect him. But there are many people in South Sudan who can be leaders.

However, in comparison with Salva, I think Riek would be better but I don’t think he would be better than Garang because he demonstrated his leadership and up to today, people cry, even in the Sudan.

The people will in future decide if they want to work with Riek, but I don’t think anybody will vote for Salva again. But there are many people who can lead that country in a better way.

Eliud Kibii: What do you think about the upcoming election in 2023?

Gen Oyay Deng Ajak: I don’t think there will be an election under Salva Kiir.

What created this problem in 2013 was because Salva was afraid of going for election. The agreement they signed talks of an election but I don’t think it will happen.

How do you conduct an election when you do not have national security? When you do not have national army?

Look, we are the only country in the world, if we can call ourselves so, where you have, take an example, Uhuru Park in Nairobi where you have Kenyans running away from President Uhuru Kenyatta and they are being protected by Somalis and Rwandese in the park and Uhuru is sitting at State House. Would Kenyans agree to do this?

This is what is happening in South Sudan. In Juba, you have 200,000 South Sudanese who are running away from Salva Kiir and are being protected by Rwandese, Ethiopian and Kenyan armies in Marakal, in Bentiu. These are our citizens being protected by regional troops in the capital city.

You have more than two million refugees in Uganda alone, half a million in Kenya, another half a million in Ethiopia and more than three million in Sudan. So, how can you talk about an election. How are you going to organize it? So, these refugees in Uganda, will they vote there for the President who chased them from Juba? This election talk is at best a joke. Nothing will take place. It will not work.

Eliud Kibii: If there are no foreseeable credible elections and you say there can’t be peace under Salva Kiir, so what is the way out?

Gen Oyay Deng Ajak:  There are two options. The first is concerns the region – and I know they have their own problems. But if South Sudan is a member of Igad, EAC and the African Union, the only solution is for the regional bloc and the international community to pressure Salva Kiir to step down. To resign. And he can stay peacefully anywhere in the region or we in South Sudan can forgive him and let him stay in Juba but let the current regime resign and form the government of technocrats that will restructure and lead the country for three to four years or whatever to a credible election. This cannot happen under Salva Kiir.

If that doesn’t work for Salva, the only other option if for us the South Sudanese to fight and chase him away from that chair. Otherwise, there will be no election and there will be no peace under Salva. And Salva wants to die on that chair.

So, there is always time for everything but time will come very soon for Salva to go. Either he goes by resigning as I said or we are going to fight him.

Eliud Kibii: You speak like there is already a plan?

Gen Oyay Deng Ajak: Yes, it is there. Look, when we went for these peace talks in Rome I told them that if there are any mistakes that I have done in my life, it is to refuse to take up arms from 2014 when we were released from jail. I could have joined Riek or I could have formed a separate front to fight Salva. And there are so many of my colleagues who are calling. So, it is a mistake which I have done almost eight years now. We have been made refugees from the country we liberated, we have been chased from but we will not continue staying in Kenya, Ethiopia or Uganda. This year, we are going to put on our uniform and go back and fight Salva Kiir. And he must go. That country belongs to all of us not to a particular group or leader to destroy. So definitely, we are going to fight him.

Eliud Kibii: You are confirming there are plans underway?

Gen Oyay Deng Ajak: Yes, we are working on it and this is what I am saying. We are talking to various SPLA officers from all communities and Salva is going to be shocked very soon. And there are no peace talks that will work with Salva Kiir again and so the only option left to us is to fight him. We are planning, we are organizing and we are ready.

Eliud Kibii: Could President Salva Kiir be reacting to such plans when he says Uhuru betrayed him when he released you, then detainees, to Kenya only for him to issue you with passports?

Gen Oyay Deng Ajak:  He is always blaming other people. If President Kenyatta were to help us, even with weapons, we would have marched to Juba a long time ago. But Kenyatta said he wants peace in South Sudan and wants a peaceful solution. What did Kenyatta do? Nothing.

Salva is unable to unite his own people and now wants to blame leaders in the region. The region has told us they can only help us by facilitating talks. No country has given us weapons to fight him.

So, if he is complaining about a passport, that’s an assistance he can blame the region for it. Of course, I need a Kenyan passport to go for treatment in South Africa. Is it a crime for Kenya to give me this? You don’t go and fight with a passport. So he has failed and just wants to blame other people.

Eliud Kibii: Do you feel there are people in his government who like you feel he needs to go?

Gen Oyay Deng Ajak: They are many but there are very few in government who are revolutionaries. But the government in Juba has been taken over by former Khartoum people, the National Congress Party. Those we were fighting. They are the ones who have taken over in Juba, traitor who have blood of the South Sudanese in their hands. We will get them soon. This year, the time of Salva is coming. And it has happened all over the world.

Eliud Kibii: What message would want to send to the people of South Sudan?

Gen Oyay Deng Ajak:  They should celebrate this Independence Day. From every family, we have lost a child during the struggle. They must always remember they fought and attained their independence. They should be proud of themselves.

And the tragedy we are going through is man-made and Salva will go. And when he goes this year, we will have a strong government of South Sudan.

My message is those who are being misled by Salva Kiir, don’t join them We are going to look for them. It happened in Rwanda, Liberia, Sudan and it is now going to happen in South Sudan. Those responsible for the atrocities will he held to account, we are going to arrest them, including Salva Kiir. Either he goes to court at The Hague or arrest him as the Sudanese have arrested Bashir and try him. I would not want to kill him, he must be arrested and taken to court. This is what I have to say.

Eliud Kibii: And how are the five vice-presidents working with all the divisions?

Gen Oyay Deng Ajak:  There is no government in South Sudan. It is gang of criminals and the five vice presidents, we as the South Sudanese did not discuss and agree on them. Riek was just pushed.

It was Bashir or Museveni who came up with the idea. They are not working; they are not even functioning. One of them asked the President to relive him of his duties. It is only Salva who is running government alone.

For instance, what is the function of Riek in Juba? His army, which he has been commanding for six, seven years is still out there. How can you be proud of yourself and you sit in the chair as vice president when you leave your own people who have been fighting for you all these years outside and you run to Juba to get money or positions. That is rubbish.

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Politics

Wolf in Shepherd’s Garb: Bishop Gakuyo and Stolen Middle Class Dreams

Unless more interventionist regulation is put in place, Kenya’s elites will continue to use Saccos as vehicles for predatory accumulation and Kenyans will continue to see their dreams deferred.

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Wolf in Shepherd’s Garb: Bishop Gakuyo and Stolen Middle Class Dreams
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1When Michael Kariuki* first heard about Ekeza Sacco in 2016, he was quietly excited. He was listening to Kameme FM, the popular Gikuyu language radio station, when host Njogu wa Njoroge began talking about a new savings opportunity live on air. What wa Njoroge described was intriguing. Ekeza’s promise was of a middle-class lifestyle embodied in homeownership, entrepreneurship and family success. Through such radio broadcasts, television adverts and even its own campaign bus, Ekeza exhorted Kenyans to join the Sacco in order to pursue their dreams and aspirations, to use loans for “putting up a residential house, buying a dream car, purchasing a plot/piece of land, start a business or any other venture.” Like other Savings and Credit Cooperatives in Kenya (Saccos for short), Njoroge explained how Ekeza was offering its members the opportunity to withdraw three times the amount of their savings in the form of a loan.

But there was an important twist to Ekeza’s offer, one that gave members a distinct advantage. Unlike other Saccos, Ekeza was offering loans without the need for guarantors – other Sacco members who personally put up their savings as a guarantee for another member’s loan. Instead, at Ekeza, the title deeds and logbooks of the properties and vehicles that members would eventually purchase with their loans would act as loan securities. In other words, Ekeza was offering easy access to capital that is hard to come by in contemporary Kenya where banks charge high interest rates and Saccos require social membership. For Kariuki, that a guarantor was not required made saving with Ekeza an attractive opportunity – the chance to obtain capital that would allow him to purchase a car and become a taxi driver without having to undertake the difficult task of finding other Sacco members to stand in as his guarantors. Along with thousands of other Kenyans, Kariuki soon joined the Sacco.

A construction worker who worked long, hard days in the heat of Mombasa, Kariuki went on to save KSh180,000 with Ekeza over the next two years, sending money to his Sacco savings account directly from his MPesa account on his mobile phone. It was the first time in his life that Kariuki had ever saved such a large amount of money. He told me of the sacrifices he and his family made so that he could put more of his earnings into his savings, that there were “some things” — basic necessities and even food — they had to forego in the hope that his savings, and the taxi business that he would start with the loan, would allow him to build them a better future.

But in December 2017, Kariuki started to realise something was wrong. He had gone to withdraw a loan of KSh25,000 from the Sacco’s office in Thika. After filling out the paperwork, he was asked by Ekeza staff to wait the normal 60 days that it would take for the loan to be cleared and arrive in his account. Kariuki went back to Mombasa and waited, but his loan never arrived.

In January 2018, he returned to the office to find out what had happened with his loan. Ekeza staff assured him that his loan was on its way and he was asked to wait again but this time Kariuki refused. Suspecting something was wrong with the Sacco itself, he asked to withdraw all his savings at a fee of KSh1000. Kariuki filled out the paperwork and was once again asked to wait for 60 working days for his savings to reach his bank account.

In March 2018, four days before he was due to receive his savings, Kariuki’s wife called him. She had seen on the news that Ekeza had been officially deregistered by the Kenyan government pending investigations into its accounts. With the SACCO’s accounts frozen, Kariuki could do nothing but wait; he returned to the Ekeza office three times in 2018 and 2019 asking about the status of his savings, to no avail. Like tens of thousands of other Ekeza members, he has been stuck in limbo ever since.

The Ekeza Sacco story

Michael Kariuki’s story is a fairly common one for members of Ekeza Sacco – that after carefully building their savings for around two years, they were finally on the brink of receiving a loan, only to find it constantly delayed before eventually discovering that the SACCO had been deregistered by the government. But even Kariuki’s story is just one aspect of the Ekeza debacle. Other Sacco members reported how Gakuyo “bought” land from them without ever paying them in full. Others had their land and vehicles seized even after repaying their loans in full. All told, members lost around KSh2.6 billion in savings.

In March 2018, Commissioner of Co-operatives Mary Mungai formally closed Ekeza pending an investigation and an audit of the Sacco’s accounts. Suddenly, the Sacco’s 53,000 members were plunged into confusion and concern about the fate of their savings. The Sacco’s chairman, David Ngari Kariuki, an evangelical church pastor known as Gakuyo, assured members that their savings were safe. However, an audit of Ekeza’s accounts revealed around KSh1.5 billion of irregular transfers to bank accounts of persons and businesses associated with the chairman.

The audit report revealed fraud on an enormous scale but little has been done to address the plight of the members who have lost their savings. Over the last two years, Ekeza has maintained that its liquidity was damaged by rumours rather than Gakuyo’s expropriation of funds. In the aftermath of the Commissioner’s audit, Ngari moved to sell several of his assets and has repeatedly assured members that their deposits will be refunded, announcing a new 5-tier schedule for doing so in January 2020. Audaciously, Ekeza offered its members plots of land in what were seen as sub-par locations, their monetary worth far below what members had invested. Whilst Ekeza insists that it has refunded thousands of its members, particularly those with savings worth less than KSh50,000, reports from Ekeza victims suggest that there are many more thousands who are yet to receive their money. On social media, victims’ groups continue to organise, but with waning hope that they will ever see their money returned.

The audit report revealed fraud on an enormous scale but little has been done to address the plight of the members who have lost their savings.

Over the past three years, I have been exploring the effect the fallout of Ekeza’s deregistration and the subsequent uncertainty faced by its members. The majority live in muted hope, actively choosing not to think about the money because of the stress the loss of their savings has caused them. Marriages have been ruined. Some Ekeza members have committed suicide after losing their savings. The overwhelming story is one of bitterness and anger towards Ngari. The words of the man I have anonymised in this article as Kariuki give some sense of that bitterness:

If I could be like a soldier holding a gun, I could be searching for that man just to kill him and leave everything. If I die, I die. Because that money, it was my first time to enter into a SACCO, save things. I have never saved an amount like that.

This article aims to recap the story of Ekeza Sacco – how it came to prominence, how its deregistration has shaped the lives of its members, and how its collapse reveals the illusory promises of the “working class” dream in contemporary Kenya, how aspirations of leading better material lives are undermined by political authority. The story of Ekeza Sacco is not merely one of fraud, but also one of frustration and anguish with a contemporary Kenya that works for the powerful few, depriving ordinary citizens of the material basis on which they might build their dreams.

The rise, the fall, and the resistance

Ekeza Sacco was established in 2013 and formally registered in 2014, but it rose to prominence in the run-up to Kenya’s 2017 elections. Throughout the first half of the year, the Sacco was regularly advertised on Gikuyu language radio stations like Kameme FM alongside its partner firm, Gakuyo Real Estate. During the same period, Ngari attempted to vie for governorship of Kiambu, but eventually joined Ferdinand Waititu’s “United 4 Kiambu” team, an alliance of Kiambu politicians (including current governor James Nyoro) through which Waititu contested and ultimately won the gubernatorial seat. Through his association with Waititu, Ngari appeared at rallies across the county throughout 2017. At the time, friends and acquaintances of mine in Kiambu were optimistic of the impact Ngari would have on the county through his association with the prospective new governor. “He will be the one bringing development, I am sure”, one Kiambu farmer told me.

At the same time, an Ekeza Sacco-branded mobile truck was travelling around Kiambu exhorting people to “Invest to nurture your dreams”. “His adverts were so convincing,” one member told me. Another told me how Ekeza’s near-ubiquitous presence made him believe in its legitimacy. “It was everywhere during the elections.” Whilst the new Sacco gained prominence and legitimacy through its relentless advertising campaign, for many of those who joined the Sacco in 2016 and 2017, it was Ngari’s status as a pastor that helped earn their trust. “Because he’s a bishop. He has a good reputation. So I thought my money was safe”, one member reflected. Others found out about the Sacco through family members. Ann Njeri, a 30-year-old woman from Githurai, found out about the Sacco through her mother-in-law, and soon encouraged her husband to invest in the Sacco to save for a plot of land. For Njeri, “It was a normal Sacco just like others but at least this particular one had been started by a bishop so it had more credibility.” She convinced her husband that they should invest in Ekeza in order to buy a plot of land in Nairobi’s outskirts on which to build a home. The couple went on to save KSh500,000 with the Sacco.

Ngari attempted to vie for governorship of Kiambu, but eventually joined Ferdinand Waititu’s “United 4 Kiambu” team, an alliance of Kiambu politicians.

For many of the people who joined, Ekeza offered easier access to capital than some of its competitors. As mentioned above, one of the main advantages of saving with Ekeza was that it did not require members to have guarantors for their loans. “They weren’t even asking for security in the case you were taking a loan to buy land from the sister company, Gakuyo,” one member explained. “They would just wait until you pay the full amount before giving you the title deed, and that was my strategy then.” Members contrasted the ease of entry into Ekeza with the difficulty of becoming a member of what are viewed as more successful and legitimate Saccos such as Mwalimu Sacco. Another member reflected how difficult he thought it would be to join Mwalimu Sacco compared to Ekeza. “I have to have some friends there.”

Ekeza Sacco promised ordinary Kenyans the chance to live their dream as members of Kenya’s fledgling middle-class. “Invest to nature [sic] your dreams”, read one of the Sacco’s slogans. Many Ekeza members were attracted by the prospect of acquiring land – either to build a home to live in, or to rent out in order to supplement their incomes. In this regard, Ekeza’s popularity ought to be viewed in the light of Kenya’s current “gold rush” on land — the idea that land in Kenya is “getting finished”, ever increasing in value because of its growing scarcity. It is precisely the same scarcity-speculation combination that fuels elite land grabs.

But it was partly through the purchase of Gakuyo Real Estate plots that members began to discover that their investments were flawed. Gakuyo Real Estate’s practice was to buy large plots of land and sub-divide them into individual plots for the construction of stone houses. But in some cases, members would arrive at their new, loan-purchased plots, only to find that the original owners still held the title deed. It was also revealed that Gakuyo Real Estate was in the practice of purchasing land via instalments and allowing members to access their land before completing the payment to the original owners. Some Ekeza members were denied ownership of plots that they had paid for because the Sacco had not paid for the plots in the first place.

Ekeza Sacco promised ordinary Kenyans the chance of living their dreams as members of Kenya’s fledgling middle-class.

For others, it was in far more mundane circumstances that they began to realise something was amiss. One member, Andrew Mwangi, arrived at the Ekeza office in Thika one afternoon in early 2018 to find a commotion at the front desk. Another member was complaining that they had filed for complete withdrawal of their savings and had waited months but received nothing. Mwangi was alarmed. “I immediately filled the withdrawal form.”

The deregistration of the Sacco by Mary Mungai in March 2018 opened a new phase in the Sacco’s lifespan – a political struggle for its control. Not prepared to wait, Ekeza members quickly organised themselves into victims’ groups. Under the leadership of Charles Mage, one group of Ekeza Sacco members stormed the Sacco’s office in Thika. Soon enough, the police took note and in March 2019, Ekeza victims were invited to the Directorate of Criminal Investigations on Kiambu Road to record statements.

For its part, Ekeza maintained that its collapse had been caused by “panic withdrawals’ – that the Sacco’s reputation had become a “political tool” in the 2017 elections, a target for opponents who had raised doubts amongst the membership, causing a raft of withdrawals and a liquidity crisis. The Sacco described the situation as a “mishap”. No mention was made of the immense suffering caused to members through the loss of their savings. The message to members was: “bear with us”. In 2018, Sacco members with smaller amounts of savings — KSh5,000 and below — were refunded, but it left around 53,000 members with substantial savings still waiting.

More significant shifts were to come. At an AGM in February 2019, overseen by the Commissioner Mary Mungai, Sacco members voted to remove Gakuyo and put a temporary board of five people in charge, including Charles Mage as acting Chairman. At the same time, the Commissioner reinstated the Sacco, with the intention that the new interim board would begin refunding members’ deposits.

This moment of optimism quickly passed as Ngari’s lawyers moved rapidly to challenge the new board’s appointment in the courts, citing the possibility of members’ savings being plundered by the new committee. The court issued an injunction, and its effect was to return power to Ngari, locking out members who thought they were on the cusp of regaining control of their savings through access to the Sacco’s bank accounts. At several meetings in 2019, Ekeza Sacco members debated their predicament; the interim committee now had no control over the Sacco’s accounts, the offices were closed and no form of redress was available. The atmosphere at these meetings was combative.

The Ekeza debacle is characteristic of a contemporary Kenya defined by an unequal capacity to secure a place in the future.

But by 2020, the resistance of Ekeza Sacco victims’ groups had begun to weaken. The death of Charles Mage in a road accident in March 2020, an event that went unreported in national media outlets, further weakened the leadership of members who want to see their savings returned. Whilst some members are preparing court cases against the Sacco in 2021, arrangements are increasingly being made in private rather than through collective action, with Ekeza victims wary of being spied upon by members of “Gakuyo’s team”. Meanwhile, Ngari has re-emerged as a figure close to James Nyoro, promising a bigger, better Ekeza, assuring members that refunds are on the way. Ekeza victims have found their plight politicised, used as a football in Kiambu’s politics. Ngari has blamed the failure of his Sacco on Ferdinand Waititu, the now disgraced former governor of Kiambu, claiming that Waititu used Ekeza funds in his campaign.

Lives in limbo 

The Ekeza debacle is characteristic of a contemporary Kenya defined by an “unequal capacity to secure a future”. It is emblematic of how those in political authority cannibalise the aspirational projects of ordinary Kenyans, “eating their sweat”. “We are ready to prosper here in Kenya, bwana Peter,” one Ekeza member told me at a victims’ group meeting on Thika Road. “It is our leaders who cut us. These people who lead us are not honest, they just deceive us.”

For Ekeza members, the immense difficulty in generating savings and capital for aspirational projects compounds the sense of loss. Most Ekeza members I spoke to described themselves as “hustlers”, working long hours for uncertain wages in the informal economy. Their struggle is evoked here by Andrew Mwangi:

You know I lost a lot of money. And you know, I was thinking about that thing each and every day. And I was thinking, maybe we will get our money back. Finally, I came to find out we are not being paid at all. So I told myself I will never think about it again. I agree, the money is lost. And up to now, I don’t engage in any way [with the Sacco]. I just left it like that. I’m sick and tired, I’m tired. I don’t think about that any more. Every time I talk about it, my heart bleeds. That was my money. That was my sweat. I worked so hard for it. My goal was to own a property. That was my dream. My dream was broken by this guy. . . . I even hate mentioning the name. So what I can say is that I do not even follow the money anymore.

Michael Kariuki’s words strike a similar tone:

My faith is still there. But I can’t put all my faith in there. I have to work, feed my family, do everything. I can’t put all my mind there, thinking about all that money I saved and it went. If it got lost, it got lost. So, I’ll never get it back. But, for the rest of the victims are just struggling if the money will come. If I stay thinking about the money, I’ll just get sick.

Whilst their words belie a remarkable capacity to move on, for most members the fallout from their loss has been blame within their families. Ann Njoki told me how her husband was understanding, but how other Ekeza members she knew had ended up divorced as a result of losing savings, facing the blame from their partners for the loss of family money.

Meanwhile Ngari continues to walk free, having faced no charges from the DCI, working now as advisor to James Nyoro in the Kiambu County government, a state of affairs that some Ekeza victims find not only frustrating but also insulting — indicative of a Kenya that works for the privileged few, rather than the common mwananchi.

Up to now, he’s in this government, of which even Kenyan government is not bothering about these people who saved their money in that account. It is not bothering with. The chairman now is just talking and talking nonsense of which the government is not bothering anything.

These frustrations extend beyond Ekeza itself to perceptions that Kenya has failed as a place in which one can live and better oneself. A 24-year-old friend of mine from Ruaka who lost KSh64,000, his entire savings, was despondent. “This is Kenya, man”, he told me. “Most likely the politicians have been given something to make sure nothing happens. If I had a choice of leaving this place, I would definitely do that.”

Warnings for the Sacco sector

“Limited liquidity is holding SACCOs back from becoming specialised housing finance providers — or mortgage SACCOs (SAMCOs) — like the saving and loans and building societies in industrialised markets,” remarks a recent academic paper on housing finance in emerging markets. “It is therefore critical for SACCOs to deepen deposit-taking activities.” Ekeza Sacco might be an outlier case — an instance where a particular “fraudster” has deprived members of their savings. As a recent report by FSD-Kenya reiterated, a single case of fraud need not lead to fears that the Sacco sector is fundamentally flawed.

But there are important lessons to learn from the Ekeza Sacco story. As the FSD report noted, the increased size of Saccos “comes at the cost of it becoming increasingly difficult for members to look after their own interests directly; to ensure that the management and boards of the SACCO are not taking undue risks or worse.” In order to increase that membership, Saccos like Ekeza begin to look ever more like Ponzi schemes, their business models based on the recruitment of new members and the sale of a dream, rather than community banking. This was a point not lost on the late Charles Mage.

“The SACCO is not meant to be managed by one person,” he remarked to me when we first discussed the Sacco in August 2019. “This guy [Gakuyo] was making all the decisions as if it’s his own company”. As Mage put it, Gakuyo was withdrawing funds from Ekeza “any time he wanted”, buying plots and buildings, building hotels. As he found out in the Commissioner’s audit, “there was a time the SACCO’s account went down to 0.”

Meanwhile Ngari continues to walk free, having faced no charges from the DCI, working now as advisor to James Nyoro in the Kiambu County government.

If Saccos can enter the market already in the hands of wealthy and politically connected individuals, and members can be recruited ad infinitum, the scene is set for Kenya’s elites to use them as vehicles for predatory accumulation. Stronger and more interventionist regulation is required to ensure internal transparency — that there are proper lines of communication between members and boards. If Saccos chase greater liquidity through ever-increasing membership, further regulation and oversight from members will be imperative. Recent research suggests that Ekeza evaded regulation through setting up in different counties.

But despite the early action of Sacco Commissioner Mary Mungai, the eventual lack of government action has already damaged the trust that regulators are up to the task. Many Ekeza members say that they have lost trust in the Sacco sector, vowing never to save with one again.

Fault lines and futures

More than a story of individual fraud, the Ekeza debacle reveals the fault lines in the false promises of contemporary Kenya. Whilst politicians and business leaders promise Kenyans wealth and prosperity, they are able to manipulate institutions to their liking, consuming the sweat of those who work while avoiding sanction. Ordinary Kenyans find themselves struggling for better lives without any such advantage. When one looks at the Ekeza case, fears and suspicions of theft seem justified, anti-elite sentiment vindicated. The cynicism and hopelessness, depression and suicide that have followed in the wake of the Ekeza collapse are hardly surprising. When one struggles in the informal economy, only for one’s savings to be “eaten” by a self-proclaimed pastor, when national and county governments practically ignore your plight, what can you do? It is little wonder that William Ruto’s “hustler” narrative is gaining traction when frustration is brewing over the way things work in “hii Kenya”. If the Ekeza collapse has provoked immense anguish, it has also fuelled Kenyans’ desire for a different Kenya — one where institutions work in the interests of the citizen, of the “hustlers”. Regardless of its as yet unknown trajectory, Ruto’s “hustler” narrative promises Kenyans that a new Kenya is at hand. Without understanding injustices like Ekeza, palpably and materially felt, we cannot appreciate the new calls for justice and an end to the “dynasties” that Ruto’s campaign now promulgates.

* All names have been anonymised to protect identities.

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The Politics of Violence in Marsabit County

A weak state, corruption, political entrepreneurship and improper creation of administrative units fuel deep conflict and hatred between the communities.

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The Politics of Violence in Marsabit County
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 “. . . one half of Kenya about which the other half knows nothing about and seems to even care less.” 1950s American writer Negley Farson describing the Northern Frontier Districts.

Ethnic rivalries are a global phenomenon that has spared neither the most established economies nor the developing nations. Kenya is no exception, most notably Northern Kenya which has been haunted by ethnic conflict since time immemorial. The conflicts in Marsabit, in particular, date back to the establishment of the postcolonial African state.  Prior to colonisation by the British, pastoralist communities in the region were grazing on the slopes of the Ethiopian highlands and in the Kenyan lowlands. The establishment of the Kenyan-Ethiopian border by the British colonialist disrupted traditional grazing patterns and resource sharing, and affected how communities relate to each other. The creation of artificial boundaries by the colonialist without the involvement of the local populations created hatred among the pastoralists, distorted grazing patterns and led to competition for natural resources.

The treatment of northern Kenya as a separate region within Kenya and the marginalization of its communities led to demands for secession at Kenya’s independence. When these were not met, the NFD exploded in rebellion in late 1963. Known as the Shifta War, the guerrilla insurgency lasted four years and resulted in massive loss of human life. The war of secession ended when Kenya and Somalia agreed to put their differences aside and signed an agreement in September 1967 that did not involve the insurgents. The agreement left some communities feeling betrayed by others, in particular the Somali whose relations with the Borana were left in tatters.

Conflicts and violence among the pastoralist communities living on the periphery of Kenya take different forms, including cattle rustling, clan and ethnic violence, and the displacement of people. The proliferation of Small Arms and Light Weapons (SALWs), climate change, land and water scarcity, the collapse of inter-communal social contracts, and bad politics have exacerbated this already tenuous situation.

The vast arid and semi-arid upper eastern region of northern Kenya experiences intermittent communal conflict because it shares a porous border with the Republic of Ethiopia to the north and has routes into Somalia which feed the illegal gun market. According to a 2017 small arms survey, the number of illegal arms in civil possession in Kenya is estimated at 750,000; the country has the highest number of unregistered firearms compared to other East African countries. The illegal arms economy is driven by supply from Ethiopia, most notably through the rebel fighters within the country. It is also fed by the al–Shabaab militia group through the Somalia corridor to neighbouring Wajir County. The supply of illicit arms also flows from South Sudan through the Lake Turkana route where unpaid soldiers and rebel fighters are still at large. Easy access to arms and light weapons has increased the severity of armed conflict undermining peaceful co-existence.

The Ethiopian government has little or no control over its porous border with Kenya through which illegal arms are trafficked. This contributed to the Turbi massacre which was linked to conflicts over water points and grazing land between the Gabra and Borana communities.  Despite the formation of peace committees representing both sides, and numerous initiatives by different groups and peace declarations, the conflict has not subsided.

The question of land 

Land remains central to the conflict in Marsabit County, most notably in the Saku Constituency which borders Isiolo and Garissa counties. Unlike other parts of Marsabit County, Saku enjoys a moderate climate and has plenty of green pasture and ample boreholes (mainly within the grazing zones).

Saku shares similar geographic characteristics with the neighbouring Isiolo County, which has experienced conflict with Garissa County. Every pastoral community would like to have access to the green pastures and water points at Saku but the politicisation of access has worsened this conflict.

Skewed policy responses to conflicts over land by government authorities have worsened the situation. Dialogue to address land conflict and establish administrative units has degenerated into ethnic conflict due to failure to ensure proper public participation as enshrined in Constitution of Kenya 2010. There is an “implementation gap” between theory and practice when it comes to land policy that is often sacrificed at the altar of short-term political gain.  The failure by the government to include women, the youth, and the elders of the affected communities in discussions on how to close the implementation gap in order to minimize conflict and achieve durable peace has created an unsustainable environment in Marsabit County.

The state’s failure to determine land boundaries has also exacerbated the situation and the vague demarcation of community land boundaries and the politics of land expansion have further aggravated the problem and intensified ethnic conflict.

The Borana and Gabra

In explaining ethnic conflicts like the Moyale and Marsabit clashes, and the Turbi and Forolle massacres , the standard argument advanced by many interlocutors is that conflicts occur due to competition over pasture and water sources. This reasoning does not really explain the trade in arms and the “political entrepreneurs”. The whole conflict revolves around the battle for votes and wealth as well as the expansion of administrative boundaries. To gain more recognition and support from the electorate, politicians act both within and outside the law to maintain their status, for instance by establishing new administrations units, awarding tenders to those of their tribe and offering lucrative jobs to their families and those from their own tribe. This breeds hatred and conflict as other tribes are left out.

The arms economy is another aspect that is left unexplained. The gun trade is massive business in the vast north and it is mostly the community that does not take part in the conflicts that does the trading. The trade in small arms is carried out with the full knowledge of the security apparatus. Money for the purchase of guns is raised by the community through collections from households and from those in employment. Failure to pay the set amount for gun purchases attracts heavy sanctions and penalties. Once the money is raised, the supplier is provided with the specifications of the arms and ammunition to be delivered at a specific location. Members of the security administration sometimes sell bullets to the communities in conflict at exorbitant prices. All these demonstrates how a weak state, corruption, political entrepreneurship and improper creation of administrative units fuel deep conflict and hatred between the communities.

There is an “implementation gap” between theory and practice when it comes to land policy which is often sacrificed at the altar of short-term political gain.

Conflict in Marsabit is predominantly between the Borana and the Gabra communities. These two warring communities previously lived harmoniously together, sharing compounds and household necessities. They intermarried and agreed on mechanisms to manage shared pasture and water points during periods of drought and in the rainy season. However, the situation has changed over the past decades and people have fled their homes and settled elsewhere.

The Gabra displaced the Borana from Hurri Hills and they resettled in Elle Borr near Sololo town. In their turn, the Gabra were evicted from the Gadamoji region of Saku Constituency during the 2005 Turbi massacre and they resettled in Jirime location in central Marsabit. These incidents point to an increasing rift between the two ethnic groups, which primarily revolves around land politics.

Attempts by the political elite to bring zones with plenty of pasture within “their” tribal boundaries have inflamed the situation. The Shurr region had been in Saku Constituency when former Member of Parliament for Saku, Jarso Jillo Falana, took office. Shurr came under North Horr Constituency in suspicious circumstances during his term.

Similarly, Horronderr and Shegel are in Saku Constituency but there are plans to move them to North Horr Constituency, which will shrink grazing zones for the pastoralists living in the Saku region. This is being done without public participation. Furthermore, Gabra encroachment into regions like Horronderr, which are Borana grazing zones, has led to loss of lives and livestock.

Traditional methods of resolving land issues have failed because of the breakdown of the social compact between these ethnic groups and the deep political divide. The communities have left it to politicians to find solutions but corruption within the local government has led to partial implementation of land policies.

Assigning districts and regions inappropriately to one ethnic group to the detriment of others living in the same area is a major cause of alarm and concern. For instance, two new sub-counties – Turbi and Dukana – were created in North Horr Constituency and gazetted on 7 October 2020. The change brought additional benefits like recruitment into the military and other special services from the national government. With the gazettement of these two sub-counties, other ethnic communities with larger populations felt left out, the skewed land boundary changes and the selective allocation of benefits from the national coffers resulting in more profound division and hatred.

The creation of the two sub-counties has pitted the Borana against the Gabra because it was seen as politically driven process. The land and boundary disputes are made worse by the fact that there are no clear land boundaries between the Borana and Gabra communities who coexist in the same  settlements and share the same grazing lands. The boundary disputes are likely to escalate if the process of demarcation of boundaries by the Independent Electoral and Boundaries Commission (IEBC) ahead of the 2022 general elections proceeds without proper public participation and sensitivity to the conflict.

The Dedha system

The communities of northern Kenya have established traditional methods of managing water resources and pasture. In the Borana community, a management council called the Dedha manages these resources.

The Dedha system breaks down pasture into grazing units (artha) which in turn are divided into several small grazing camps (fora). The existence of Dedha natural resource policies, some of which are incompatible, has resulted in complex rangeland management regimes and given rise to fragmented interventions and inadequate natural resource policies in relation to pastoralism. The majority of pastoral land resources are held by the national government under a controlled access system that regulates the management and utilization of resources.

The Dedha manager (jars dedha) controls access to the resource, with the control being intensified during periods of drought. The management of shallow wells falls under the owner of the well (aba ella) and the person who decides the watering rotation for each water point (aba erega).

Conflict in Marsabit is predominantly between the Borana and the Gabra communities.

Aba ella assigns first rights based on a clan’s membership and affiliation (sunsuma), and ownership. In case the well has extra capacity, the aba erga decides second rights, which are assigned to other clans whilst third rights are accorded to pastoralists from other ethnic groups.

In extreme cases, those moving with livestock (qunn) are granted temporary first rights to water use just like the sunsuma and the owner.

This well-crafted sustainable natural resource management system is challenged by the modern rules where people and livestock can move anywhere across the country. This throws the traditional mechanisms into disarray and makes resource management difficult.

What future for Marsabit?

Marsabit County has in the past experienced intense tribal conflict over the control of natural resources, land boundaries, and more recently, political power.

Devolved governance was meant to guarantee the equitable distribution of national resources. However, in Marsabit County it has ushered in a new era of power struggles, deep hatred and division among the ethnic communities. The divisions between the communities are so deeply entrenched that ethnicity is a common factor in how the county government undertakes development projects and programmes and offers jobs.

There is no one-size-fits-all approach for handling the multifaceted land problems in Marsabit County. The top-down peace-making process spearheaded by the NGOs in collaboration with the state agencies has failed due to lack of well-defined community boundary policies from the state, politicisation of the security apparatus and war as political business.

The United Nations Development Programme (UNDP), in collaboration with the Kenya government and Intergovernmental Authority on Development (IGAD), have spent US$200 million on a five-year integrated peace programme to engage both sides in peace-building. However, to date, the spending of this colossal amount of money has not yielded any remarkable results. The current peace-building process needs to take into account the developing dynamics of conflict in Marsabit.

The county government needs a conflict-sensitive service delivery and development plan instead of playing the tribal card in developing infrastructure, providing job opportunities and services to its community, which is against the principles enshrined in the Constitution of Kenya 2010.

Although there is no all-encompassing approach to diminish the frequency and intensity of land-related conflict in Marsabit County, there are vital considerations that development practitioners, policymakers, national and local administration need to take into account concerning resource management and governance.

The first step is to establish the political will to solve land problems. Securing land and resource governance entails engaging political processes as well as consolidating land social movements. Political will is pivotal as it plays an essential role in how boundaries are mapped and administrative units are established.

The communities of northern Kenya have established traditional methods of managing water resources and pasture.

The second is mainstreaming conflict and conflict mitigation into the planning and implementation process across all sectors and stakeholders and subsequently establishing district peace committees. This structure should be constituted with the help of all local communities and should encourage the collection of vital data relating to conflict in order to forestall outbreaks of conflict.

The interests of the citizens should be prioritized and public participation in land and water resource governance and management should be strengthened, just like in the case of the Dedha system established by the Borana community. Failure to include the views and opinions of the locals, in creating new administrative units and boundaries, for instance, has led to bloodshed in many of the ASAL regions. Government policy responses should be also be void of political interest.

The illegal flows of guns and ammunition must be stemmed and the local populations disarmed. This will help to reduce hostilities among the existing communities. The state security machinery needs to be committed to this duty in order to regain the public’s confidence.

Finally, policy interventions to the build capacities of local customary institutions to undertake water and land governance and management should be the preferred option as, with the support of the state in terms of coordination and resources, these informal institutions are best suited to resolve local conflicts.

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