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BBI and the Referendum: Another False Start?

10 min read.

Constitutional amendments have preceded every Kenyan election since 1992. But have these amendments brought about real change or are they merely tools that are used to entrench the status quo? DAUTI KAHURA finds out.

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BBI and the Referendum: Another False Start?
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As the Building Bridges Initiative (BBI) comes to a close (the last town hall meeting is slated for July 28, 2019, in Nairobi County) the spotlight on the initiative has shifted to its mandate, and has been heightened up by a section of Kenyans who are already anticipating its probable outcome. This directed interest and anticipation of the process led to two widely circulated documents on social media on July 15, which the BBI team, led by its chairman, Senator Yusuf Haji, promptly denied. The documents, titled BBI Technical Team Proposals and Proposed Changes to The Constitution were declared “fake” by Senator Haji.

BBI was constituted after President Uhuru Kenyatta and Raila Odinga, his chief political opponent, shook hands on March 9, 2018. On May 24, 2018, BBI was gazetted and soon commenced its countrywide solicitations of public opinion.

Paul Mwangi, one of the joint secretaries to BBI (the other one is Ambassador Martin Kimani), in an interview conducted by The Elephant, said that the BBI team was shocked to see the documents, purportedly authored by BBI, being posted on the Internet. “We were surprised to see these documents. Like everyone else, the team saw them for the first time on social media. It is to be expected that as we conclude our town hall county meetings, interest in BBI’s work has risen in all quarters of the Kenyan society,” said Mwangi. “BBI hopes to wrap up its county participation on or around August 9 and, therefore, any report purporting to second-guess the committee’s work that is not from the BBI’s team is to be disregarded.”

The initiative’s terms of reference were extended to October from May, 2019, after it fell behind its schedule. Once through with the Nairobi meeting, Mwangi said the team will immediately start compiling the deliberations with the help of a team of researchers, each of whom has been assigned the nine thematic areas: corruption, ethnic antagonism and competition, devolution, divisive elections, inclusivity, lack of national ethos, safety and security, shared prosperity, responsibilities and rights. “We should be done by October 24,” he said.

I asked Mwangi whether a referendum was one of the issues that the BBI deliberated upon, to which he quickly retorted, “I don’t wish to preempt anything at this time of the process. BBI will suggest solutions and it’s these solutions that will determine whether there will be a referendum or not.”

But an inside source, who cannot be named because he is officially not authorised to speak on behalf of BBI, said: “The issue of a referendum is a foregone conclusion – the question is not if, but when the referendum will be held. That is the climax of the process.”

The source said the town hall meetings have been a process of setting the ground for an eventual referendum. “We will not go to the next general election without a constitutional change, that is why the issue of a referendum has gripped the nation, and you can see that is what currently is preoccupying Kenyans.”

The source told me Ekuru Aukot’s referendum efforts are meant to be a distraction to BBI’s own referendum project: “Whoever is funding him wants to steal the thunder from BBI, dilute and make nonsense of the BBI’s forthcoming referendum.”

But an inside source, who cannot be named because he is officially not authorised to speak on behalf of BBI, said: “The issue of a referendum is a foregone conclusion – the question is not if, but when the referendum will be held. That is the climax of the process.”

The people behind Aukot’s referendum hope to argue “why have another referendum and there is already one at hand that is actually addressing the fundamental issues in the constitution that are troubling Kenyans?’ observed the source. Nicknamed Punguza Mzigo (reduce the load) one of the biggest issues that the Aukot’s referendum wants to deal with is the issue of “over-representation”, hence, a need to reduce some of the political seats, such as MPs’ seats. Aukot is the party leader of The Third Way Alliance Party.

“Were Ekuru’s referendum to be held, he would only need the consent of 24 counties, as per the 2010 constitution. He would then take his finding to Parliament, which as currently constituted, is presumably controlled by Deputy President William Ruto’s supporters in the Jubilee Party,” said the source. “Although Aukot’s referendum issues sound right and would easily resonate with a majority of Kenyans, the proposed constitutional changes he is seeking are meant to blind Kenyans, that indeed he cares about their plight. Truth be said, those changes would be difficult to implement and in any case, they would not be implemented immediately.”

As a pointer to the coming BBI referendum, Senator James Orengo, Ugunja MP Opiyo Wandayi, Alego Usonga MP Samwel Atandi and Rarieda MP Otiende Amollo, faulted the Punguza Mzigo initiative and counselled the Third Way Alliance party boss to be patient and wait for BBI, which, ostensibly according to them, will deal with all the issues pertaining to Kenyans.

Said Orengo on July 21: “We are waiting for the BBI report that has all the issues of the people. The questions in Aukot’s proposal have not undergone stakeholders consultations, let’s wait for October when we will have the BBI report and thereafter a referendum that will decide on the fate of Kenyans.”

Succession politics

Since 1992, when the country returned to multiparty elections, no presidential succession has not been preceded by a constitutional change, said my source. “That is why the elephant in the living room of the BBI’s unproclaimed core mission has been the referendum. A chronological understanding of the succession politics since 1992 to date should therefore locate the real reason behind BBI’s formation, its real agenda, bearing in mind the 2022 succession political perspective and its dynamics.”

Responding to Western countries’ pressure to liberalise the monolithic Kanu party politics, President Daniel arap Moi, in December 1991, orchestrated a political process that culminated in the removal of Section 2A of the old constitution that made Kenya a de jure single party system. And although the amendment to the constitution did not immediately transform the country into a democratic polity, it allowed for the introduction of pluralistic politics. That is how FORD, before it split into two (Ford-Asili and Ford Kenya), the Democratic Party of Kenya (DP) and the Kenya Social Congress (KSC), led by firebrand politician and ex-detainee, George Anyona, came into being. So, for the first time since independence, opposition parties were allowed to participate in the December 29, 1992 general election.

Faced with another election in five years, President Moi was again confronted with demands to expand the scope of the political space, as well as to institute constitutional and legal changes. Between 1992 and 1997, there were continuous demands from the opposition and civil society organisations to effect these changes, especially to level the tilted playing field. President Moi ignored these demands until a few months before the December 29, 1997 general election. Principally, to ease off the pressure that had been building and that had threatened to forestall the elections through a boycott under the clarion call of “no reforms, no elections”, he acquiesced to some minimum reforms.

Responding to Western countries’ pressure to liberalise the monolithic Kanu party politics, President Daniel arap Moi, in December 1991, orchestrated a political process that culminated in the removal of Section 2A of the old constitution that made Kenya a de jure single party system.

Inevitably, the question in 1997, as the country prepared for its second multiparty elections. was: Should we go to the elections with or without reforms? As the political temperatures gradually soared, it became imperative that the country needed some facilitative reforms.

The formation of the Inter-Parties Parliamentary Group (IPPG) allowed President Moi some breathing space, and afforded the opposition some minimum reforms to go to the elections with. Just a month before the election, in November, through the IPPG, a number of constitutional, legal and administrative changes were adopted. They included enlarging the Electoral Commission of Kenya (ECK) to accommodate representatives from the opposition, repealing the Public Order Act (which President Moi used to harass and scuttle the oppositions’ rallies), and allowing the registration of new political parties. At that time, the Safina Party, led by Paul Muite, was registered and more fundamentally, the Kenya Broadcasting Corporation (KBC) Act was amended to allow for more equal air time for all political parties.

Aware that the facilitative reforms had allowed President Moi to hold a largely incident-free election in which once again he trounced his opponents, civil society, led by the National Convention Executive Committee (NCEC) – which was at the forefront of demands for a new constitution, and which was opposed to piecemeal constitutional reforms – was unrelenting in its push for a new constitution. The issue of a new constitution, just like the facilitative reforms, was one that President Moi did not want to deal with and therefore kept postponing the matter.

By the late 1990s, when faced with an election that he would not participate directly in as a presidential candidate since being elected in 1978 after the death of President Jomo Kenyatta, President Moi had already started planning his exit and successor. A new constitution did not feature in his plans because his hand-picked successor, Uhuru Kenyatta, went into the elections under the old constitution, fraught as it was with risks.

To deflect the NCEC’s pressure and refusing to cave in to demands for a new constitution, President Moi suspended Parliament on October 25, 2002, and announced an election timetable, all in the name of forestalling Katiba Tuitakayo, a proposed new constitution model by NCEC. Under the old constitution, the President was bestowed with the powers to dissolve Parliament and call elections at his pleasure, and once Parliament was dissolved, a general election had to take place within 90 days.

On November 4, 1999, at a press conference, the NCEC spokesperson Prof Kivutha Kibwana pointed out that, “Kanu has demonstrated that it is unwilling and therefore incapable of ushering in constitutional and democratic change in Kenya.”

The general election was held on December 27, 2002, and President Moi’s project – the candidature of Uhuru Kenyatta running on a Kanu ticket – was defeated by Mwai Kibaki, formerly of the Democratic Party, but then running under the banner of the National Rainbow Coalition (Narc). The first thing that President Kibaki promised when he was sworn in at Uhuru Park on December 31, 2002 was a new constitution within a 100 days.

To fulfil his promise, Kibaki supported the continuation of the work of the Constitution of Kenya Review Commission (CKRC), which had been constituted in November 2000 by a legal framework for reviewing the constitution. CKRC was headed by the renowned constitutional lawyer, Prof Yash Pal Ghai. After their lengthy deliberations at the Bomas of Kenya, CKRC, came up with a new draft constitution. The draft included a raft of constitutional proposals, such as a parliamentary system of government with 14 regions, and a hybrid presidential system with more or less ceremonial powers but with co-shared executive powers between the president and a prime minister. It was an experiment that borrowed from both the British (parliamentary) and the American (presidential) systems.

“But instead of presenting the Bomas Draft to Kenyans, President Kibaki gave them a ‘skunk’ in the name of the Wako Draft,” said the source. “Amos Wako was the then Attorney General and instead of giving Kenyans the draft constitution that they had helped to come up with, he bastardised the Bomas Draft and edited the old constitution to cheat Kenyans that that was the new constitution that they had debated upon.”

This Wako Draft was the basis of the Orange vs Banana referendum in 2005. The Orange proponents opposed the draft, while the Banana supporters proposed the implementation of the draft. “The outcome of that referendum had not been difficult to predict,” said the source. “Clearly, what was being presented to Kenyans was not what they had proposed to CKRC and which had been adopted at Bomas of Kenya through the National Constitutional Conference (NCC).”

The Wako Draft was rejected by a majority of Kenyans and thereafter, President Kibaki fired all his cabinet ministers. Those who were aligned to the No (Orange) movement did not return to government. “Constitutional experts have always argued that it was at this point that President Kibaki ought to have resigned from government because the referendum had essentially passed a vote of no confidence in his government,” said the source.

The critics of the Bomas Draft, mainly technical people and some political elites, argued that the draft was a mongrel kind of constitution that failed to locate state power and therefore was not bold enough to differentiate between the president and the prime minister, who wielded real power. The critics pointed out that in a politically fragile country like Kenya, this was a risky venture.

“After the government was defeated in the referendum, electioneering went into high gear and that is when the Orange Democratic Party (ODM) was formed by Raila after he was sacked as a cabinet minister,” the source said. “The electorate was being prepped to go into the 2007 election without a new constitution and clearly this was a harbinger of things to come…the ominous signs were there…as sure as night follows day, there was going to be violence.”

The Wako Draft was rejected by a majority of Kenyans and thereafter, President Kibaki fired all his cabinet ministers. Those who were aligned to the No (Orange) movement did not return to government. “Constitutional experts have always argued that it was at this point that President Kibaki ought to have resigned from government because the referendum had essentially passed a vote of no confidence in his government,” said the source.

After the devastating election of December 2007, after which violence indeed erupted, especially in the North Rift, the country was taken back to pre-2002 scenario: the country needed to have a new constitution if it was to hold the next general election in five years time.

In 2008, Ekuru Aukot become the chief executive officer (CEO) and secretary of the Committee of Experts (CoE) that was mandated to look afresh into the matter of processing a new constitution. Nzamba Kitonga became the CoE’s chair. The CoE members included, among others, the current Supreme Court of Kenya judge Njoki Ndungú, Otiende Amollo, currently the MP for Rarieda, Atsango Chesoni, Prof Frederick Ssempembwa, a Ugandan, Chaloka Beyani, a Zambian, and Prof Christina Murrey from South Africa.

“The CoE came up with the Draft Proposed Constitution of Kenya, which it rolled out for people’s comments and opinions just like BBI is doing, only that its methods were different,” said the source. It printed the Draft in thousands, placed it as inserts in the mainstream newspapers, uploaded it online and also printed booklets which were distributed to the populace.”

After reviewing the Draft as the law required, the CoE passed the document to the Parliamentary Select Committee (PSC) on constitutional review chaired by Abdikadir Mohamed. The PSC meeting held in Naivasha made a significant change: it removed the hybrid system and replaced it with a purely presidential system, the one that Kenya has now.

The PSC Draft is what was published by Wako – “and as the law required of him, he was not to tamper with the draft, as he had done in 2005 with the Bomas Draft. The Draft was taken to Parliament as is and it was passed as a consensus document.”

After reviewing the Draft as the law required, the CoE passed the document to the Parliamentary Select Committee (PSC) on constitutional review chaired by Abdikadir Mohamed. The PSC meeting held in Naivasha made a significant change: it removed the hybrid system and replaced it with a purely presidential system, the one that Kenya has now.

“With the foregoing, it is obvious that Kenya must have, at the very least, constitutional changes, if it is to face the 2022 general election” said the source. “After the 2017 general election, in which for the first time in the history of legal jurisprudence, a presidential election win was revoked by the judiciary, to be followed by a fresh presidential election, the country for a while seemed to teeter on the precipice.”

“It looks like the political elite logic has always been to play the election game of holding elections every five years, while all they do is tweak the constitution to create the impression that we have dealt with real constitutional changes. All this in the name of perpetuating themselves, putting the opposition in its place and ensuring there is no tumultuous revolt,” said the source.

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Mr Kahura is a senior writer for The Elephant.

Politics

Asylum Pact: Rwanda Must Do Some Political Housecleaning

Rwandans are welcoming, but the government’s priority must be to solve the internal political problems which produce refugees.

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Asylum Pact: Rwanda Must Do Some Political Housecleaning
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The governments of the United Kingdom and Rwanda have signed an agreement to move asylum seekers from the UK to Rwanda for processing. This partnership has been heavily criticized and has been referred to as unethical and inhumane. It has also been opposed by the United Nations Refugee Agency on the grounds that it is contrary to the spirit of the Refugee Convention.

Here in Rwanda, we heard the news of the partnership on the day it was signed. The subject has never been debated in the Rwandan parliament and neither had it been canvassed in the local media prior to the announcement.

According to the government’s official press release, the partnership reflects Rwanda’s commitment to protect vulnerable people around the world. It is argued that by relocating migrants to Rwanda, their dignity and rights will be respected and they will be provided with a range of opportunities, including for personal development and employment, in a country that has consistently been ranked among the safest in the world.

A considerable number of Rwandans have been refugees and therefore understand the struggle that comes with being an asylum seeker and what it means to receive help from host countries to rebuild lives. Therefore, most Rwandans are sensitive to the plight of those forced to leave their home countries and would be more than willing to make them feel welcome. However, the decision to relocate the migrants to Rwanda raises a number of questions.

The government argues that relocating migrants to Rwanda will address the inequalities in opportunity that push economic migrants to leave their homes. It is not clear how this will work considering that Rwanda is already the most unequal country in the East African region. And while it is indeed seen as among the safest countries in the world, it was however ranked among the bottom five globally in the recently released 2022 World Happiness Index. How would migrants, who may have suffered psychological trauma fare in such an environment, and in a country that is still rebuilding itself?

A considerable number of Rwandans have been refugees and therefore understand the struggle that comes with being an asylum seeker and what it means to receive help from host countries to rebuild lives.

What opportunities can Rwanda provide to the migrants? Between 2018—the year the index was first published—and 2020, Rwanda’s ranking on the Human Capital Index (HCI) has been consistently low. Published by the World Bank, HCI measures which countries are best at mobilising the economic and professional potential of their citizens. Rwanda’s score is lower than the average for sub-Saharan Africa and it is partly due to this that the government had found it difficult to attract private investment that would create significant levels of employment prior to the COVID-19 pandemic. Unemployment, particularly among the youth, has since worsened.

Despite the accolades Rwanda has received internationally for its development record, Rwanda’s economy has never been driven by a dynamic private or trade sector; it has been driven by aid. The country’s debt reached 73 per cent of GDP in 2021 while its economy has not developed the key areas needed to achieve and secure genuine social and economic transformation for its entire population. In addition to human capital development, these include social capital development, especially mutual trust among citizens considering the country’s unfortunate historical past, establishing good relations with neighbouring states, respect for human rights, and guaranteeing the accountability of public officials.

Rwanda aspires to become an upper middle-income country by 2035 and a high-income country by 2050. In 2000, the country launched a development plan that aimed to transform it into a middle-income country by 2020 on the back on a knowledge economy. That development plan, which has received financial support from various development partners including the UK which contributed over £1 billion, did not deliver the anticipated outcomes. Today the country remains stuck in the category of low-income states. Its structural constraints as a small land-locked country with few natural resources are often cited as an obstacle to development. However, this is exacerbated by current governance in Rwanda, which limits the political space, lacks separation of powers, impedes freedom of expression and represses government critics, making it even harder for Rwanda to reach the desired developmental goals.

Rwanda’s structural constraints as a small land-locked country with no natural resources are often viewed as an obstacle to achieving the anticipated development.

As a result of the foregoing, Rwanda has been producing its own share of refugees, who have sought political and economic asylum in other countries. The UK alone took in 250 Rwandese last year. There are others around the world, the majority of whom have found refuge in different countries in Africa, including countries neighbouring Rwanda. The presence of these refugees has been a source of tension in the region with Kigali accusing neighbouring states of supporting those who want to overthrow the government by force. Some Rwandans have indeed taken up armed struggle, a situation that, if not resolved, threatens long-term security in Rwanda and the Great Lakes region. In fact, the UK government’s advice on travel to Rwanda has consistently warned of the unstable security situation near the border with the Democratic Republic of Congo (DRC) and Burundi.

While Rwanda’s intention to help address the global imbalance of opportunity that fuels illegal immigration is laudable, I would recommend that charity start at home. As host of the 26th Commonwealth Heads of Government Meeting scheduled for June 2022, and Commonwealth Chair-in-Office for the next two years, the government should seize the opportunity to implement the core values and principles of the Commonwealth, particularly the promotion of democracy, the rule of law, freedom of expression, political and civil rights, and a vibrant civil society. This would enable Rwanda to address its internal social, economic and political challenges, creating a conducive environment for long-term economic development, and durable peace that will not only stop Rwanda from producing refugees but will also render the country ready and capable of economically and socially integrating refugees from less fortunate countries in the future.

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Politics

Beyond Borders: Why We Need a Truly Internationalist Climate Justice Movement

The elite’s ‘solution’ to the climate crisis is to turn the displaced into exploitable migrant labour. We need a truly internationalist alternative.

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“We are not drowning, we are fighting” has become the rallying call for the Pacific Climate Warriors. From UN climate meetings to blockades of Australian coal ports, these young Indigenous defenders from twenty Pacific Island states are raising the alarm of global warming for low-lying atoll nations. Rejecting the narrative of victimisation – “you don’t need my pain or tears to know that we’re in a crisis,” as Samoan Brianna Fruean puts it – they are challenging the fossil fuel industry and colonial giants such as Australia, responsible for the world’s highest per-capita carbon emissions.

Around the world, climate disasters displace around 25.3 million people annually – one person every one to two seconds. In 2016, new displacements caused by climate disasters outnumbered new displacements as a result of persecution by a ratio of three to one. By 2050, an estimated 143 million people will be displaced in just three regions: Africa, South Asia, and Latin America. Some projections for global climate displacement are as high as one billion people.

Mapping who is most vulnerable to displacement reveals the fault lines between rich and poor, between the global North and South, and between whiteness and its Black, Indigenous and racialised others.

Globalised asymmetries of power create migration but constrict mobility. Displaced people – the least responsible for global warming – face militarised borders. While climate change is itself ignored by the political elite, climate migration is presented as a border security issue and the latest excuse for wealthy states to fortify their borders. In 2019, the Australian Defence Forces announced military patrols around Australia’s waters to intercept climate refugees.

The burgeoning terrain of “climate security” prioritises militarised borders, dovetailing perfectly into eco-apartheid. “Borders are the environment’s greatest ally; it is through them that we will save the planet,” declares the party of French far-Right politician Marine Le Pen. A US Pentagon-commissioned report on the security implications of climate change encapsulates the hostility to climate refugees: “Borders will be strengthened around the country to hold back unwanted starving immigrants from the Caribbean islands (an especially severe problem), Mexico, and South America.” The US has now launched Operation Vigilant Sentry off the Florida coast and created Homeland Security Task Force Southeast to enforce marine interdiction and deportation in the aftermath of disasters in the Caribbean.

Labour migration as climate mitigation

you broke the ocean in
half to be here.
only to meet nothing that wants you
– Nayyirah Waheed

Parallel to increasing border controls, temporary labour migration is increasingly touted as a climate adaptation strategy. As part of the ‘Nansen Initiative’, a multilateral, state-led project to address climate-induced displacement, the Australian government has put forward its temporary seasonal worker program as a key solution to building climate resilience in the Pacific region. The Australian statement to the Nansen Initiative Intergovernmental Global Consultation was, in fact, delivered not by the environment minister but by the Department of Immigration and Border Protection.

Beginning in April 2022, the new Pacific Australia Labour Mobility scheme will make it easier for Australian businesses to temporarily insource low-wage workers (what the scheme calls “low-skilled” and “unskilled” workers) from small Pacific island countries including Nauru, Papua New Guinea, Kiribati, Samoa, Tonga, and Tuvalu. Not coincidentally, many of these countries’ ecologies and economies have already been ravaged by Australian colonialism for over one hundred years.

It is not an anomaly that Australia is turning displaced climate refugees into a funnel of temporary labour migration. With growing ungovernable and irregular migration, including climate migration, temporary labour migration programs have become the worldwide template for “well-managed migration.” Elites present labour migration as a double win because high-income countries fill their labour shortage needs without providing job security or citizenship, while low-income countries alleviate structural impoverishment through migrants’ remittances.

Dangerous, low-wage jobs like farm, domestic, and service work that cannot be outsourced are now almost entirely insourced in this way. Insourcing and outsourcing represent two sides of the same neoliberal coin: deliberately deflated labour and political power. Not to be confused with free mobility, temporary labour migration represents an extreme neoliberal approach to the quartet of foreign, climate, immigration, and labour policy, all structured to expand networks of capital accumulation through the creation and disciplining of surplus populations.

The International Labour Organization recognises that temporary migrant workers face forced labour, low wages, poor working conditions, virtual absence of social protection, denial of freedom association and union rights, discrimination and xenophobia, as well as social exclusion. Under these state-sanctioned programs of indentureship, workers are legally tied to an employer and deportable. Temporary migrant workers are kept compliant through the threats of both termination and deportation, revealing the crucial connection between immigration status and precarious labour.

Through temporary labour migration programs, workers’ labour power is first captured by the border and this pliable labour is then exploited by the employer. Denying migrant workers permanent immigration status ensures a steady supply of cheapened labour. Borders are not intended to exclude all people, but to create conditions of ‘deportability’, which increases social and labour precarity. These workers are labelled as ‘foreign’ workers, furthering racist xenophobia against them, including by other workers. While migrant workers are temporary, temporary migration is becoming the permanent neoliberal, state-led model of migration.

Reparations include No Borders

“It’s immoral for the rich to talk about their future children and grandchildren when the children of the Global South are dying now.” – Asad Rehman

Discussions about building fairer and more sustainable political-economic systems have coalesced around a Green New Deal. Most public policy proposals for a Green New Deal in the US, Canada, UK and the EU articulate the need to simultaneously tackle economic inequality, social injustice, and the climate crisis by transforming our extractive and exploitative system towards a low-carbon, feminist, worker and community-controlled care-based society. While a Green New Deal necessarily understands the climate crisis and the crisis of capitalism as interconnected — and not a dichotomy of ‘the environment versus the economy’ — one of its main shortcomings is its bordered scope. As Harpreet Kaur Paul and Dalia Gebrial write: “the Green New Deal has largely been trapped in national imaginations.”

Any Green New Deal that is not internationalist runs the risk of perpetuating climate apartheid and imperialist domination in our warming world. Rich countries must redress the global and asymmetrical dimensions of climate debtunfair trade and financial agreements, military subjugation, vaccine apartheidlabour exploitation, and border securitisation.

It is impossible to think about borders outside the modern nation-state and its entanglements with empire, capitalism, race, caste, gender, sexuality, and ability. Borders are not even fixed lines demarcating territory. Bordering regimes are increasingly layered with drone surveillance, interception of migrant boats, and security controls far beyond states’ territorial limits. From Australia offshoring migrant detention around Oceania to Fortress Europe outsourcing surveillance and interdiction to the Sahel and Middle East, shifting cartographies demarcate our colonial present.

Perhaps most offensively, when colonial countries panic about ‘border crises’ they position themselves as victims. But the genocide, displacement, and movement of millions of people were unequally structured by colonialism for three centuries, with European settlers in the Americas and Oceania, the transatlantic slave trade from Africa, and imported indentured labourers from Asia. Empire, enslavement, and indentureship are the bedrock of global apartheid today, determining who can live where and under what conditions. Borders are structured to uphold this apartheid.

The freedom to stay and the freedom to move, which is to say no borders, is decolonial reparations and redistribution long due.

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Politics

The Murang’a Factor in the Upcoming Presidential Elections

The Murang’a people are really yet to decide who they are going to vote for as a president. If they have, they are keeping the secret to themselves. Are the Murang’a people prepping themselves this time to vote for one of their own? Can Jimi Wanjigi re-ignite the Murang’a/Matiba popular passion among the GEMA community and re-influence it to vote in a different direction?

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In the last quarter of 2021, I visited Murang’a County twice: In September, we were in Kandiri in Kigumo constituency. We had gone for a church fundraiser and were hosted by the Anglican Church of Kenya’s (ACK), Kahariro parish, Murang’a South diocese. A month later, I was back, this time to Ihi-gaini deep in Kangema constituency for a burial.

The church function attracted politicians: it had to; they know how to sniff such occasions and if not officially invited, they gate-crash them. Church functions, just like funerals, are perfect platforms for politicians to exhibit their presumed piousness, generosity and their closeness to the respective clergy and the bereaved family.

Well, the other reason they were there, is because they had been invited by the Church leadership. During the electioneering period, the Church is not shy to exploit the politicians’ ambitions: they “blackmail” them for money, because they can mobilise ready audiences for the competing politicians. The politicians on the other hand, are very ready to part with cash. This quid pro quo arrangement is usually an unstated agreement between the Church leadership and the politicians.

The church, which was being fund raised for, being in Kigumo constituency, the area MP Ruth Wangari Mwaniki, promptly showed up. Likewise, the area Member of the County Assembly (MCA) and of course several aspirants for the MP and MCA seats, also showed up.

Church and secular politics often sit cheek by jowl and so, on this day, local politics was the order of the day. I couldn’t have speculated on which side of the political divide Murang’a people were, until the young man Zack Kinuthia Chief Administrative Secretary (CAS) for Sports, Culture and Heritage, took to the rostrum to speak.

A local boy and an Uhuru Kenyatta loyalist, he completely avoided mentioning his name and his “development track record” in central Kenya. Kinuthia has a habit of over-extolling President Uhuru’s virtues whenever and wherever he mounts any platform. By the time he was done speaking, I quickly deduced he was angling to unseat Wangari. I wasn’t wrong; five months later in February 2022, Kinuthia resigned his CAS position to vie for Kigumo on a Party of the National Unity (PNU) ticket.

He spoke briefly, feigned some meeting that was awaiting him elsewhere and left hurriedly, but not before giving his KSh50,000 donation. Apparently, I later learnt that he had been forewarned, ahead of time, that the people were not in a mood to listen to his panegyrics on President Uhuru, Jubilee Party, or anything associated to the two. Kinuthia couldn’t dare run on President Uhuru’s Jubilee Party. His patron-boss’s party is not wanted in Murang’a.

I spent the whole day in Kandiri, talking to people, young and old, men and women and by the time I was leaving, I was certain about one thing; The Murang’a folks didn’t want anything to do with President Uhuru. What I wasn’t sure of is, where their political sympathies lay.

I returned to Murang’a the following month, in the expansive Kangema – it is still huge – even after Mathioya was hived off from the larger Kangema constituency. Funerals provide a good barometer that captures peoples’ political sentiments and even though this burial was not attended by politicians – a few senior government officials were present though; political talk was very much on the peoples’ lips.

What I gathered from the crowd was that President Uhuru had destroyed their livelihood, remember many of the Nairobi city trading, hawking, big downtown real estate and restaurants are run and owned largely by Murang’a people. The famous Nyamakima trading area of downtown Nairobi has been run by Murang’a Kikuyus.

In 2018, their goods were confiscated and declared contrabrand by the government. Many of their businesses went under, this, despite the merchants not only, whole heartedly throwing their support to President Uhuru’s controversial re-election, but contributing handsomely to the presidential kitty. They couldn’t believe what was happening to them: “We voted for him to safeguard our businesses, instead, he destroyed them. So much for supporting him.”

We voted for him to safeguard our businesses, instead, he destroyed them. So much for supporting him

Last week, I attended a Murang’a County caucus group that was meeting somewhere in Gatundu, in Kiambu County. One of the clearest messages that I got from this group is that the GEMA vote in the August 9, 2022, presidential elections is certainly anti-Uhuru Kenyatta and not necessarily pro-William Ruto.

“The Murang’a people are really yet to decide, (if they have, they are keeping the secret to themselves) on who they are going to vote for as a president. And that’s why you see Uhuru is craftily courting us with all manner of promises, seductions and prophetic messages.” Two weeks ago, President Uhuru was in Murang’a attending an African Independent Pentecostal Church of Africa (AIPCA) church function in Kandara constituency.

At the church, the president yet again threatened to “tell you what’s in my heart and what I believe and why so.” These prophecy-laced threats by the President, to the GEMA nation, in which he has been threatening to show them the sign, have become the butt of crude jokes among Kikuyus.

Corollary, President Uhuru once again has plucked Polycarp Igathe away from his corporate perch as Equity Bank’s Chief Commercial Officer back to Nairobi’s tumultuous governor seat politics. The first time the bespectacled Igathe was thrown into the deep end of the Nairobi murky politics was in 2017, as Mike Sonko’s deputy governor. After six months, he threw in the towel, lamenting that Sonko couldn’t let him even breathe.

Uhuru has a tendency of (mis)using Murang’a people

“Igathe is from Wanjerere in Kigumo, Murang’a, but grew up in Ol Kalou, Nyandarua County,” one of the Mzees told me. “He’s not interested in politics; much less know how it’s played. I’ve spent time with him and confided in me as much. Uhuru has a tendency of (mis)using Murang’a people. President Uhuru wants to use Igathe to control Nairobi. The sad thing is that Igathe doesn’t have the guts to tell Uhuru the brutal fact: I’m really not interested in all these shenanigans, leave me alone. The president is hoping, once again, to hopefully placate the Murang’a people, by pretending to front Igathe. I foresee another terrible disaster ultimately befalling both Igathe and Uhuru.”

Be that as it may, what I got away with from this caucus, after an entire day’s deliberations, is that its keeping it presidential choice close to its chest. My attempts to goad some of the men and women present were fruitless.

Murang’a people like reminding everyone that it’s only they, who have yet to produce a president from the GEMA stable, despite being the wealthiest. Kiambu has produced two presidents from the same family, Nyeri one, President Mwai Kibaki, who died on April 22. The closest Murang’a came to giving the country a president was during Ken Matiba’s time in the 1990s. “But Matiba had suffered a debilitating stroke that incapacitated him,” said one of the mzees. “It was tragic, but there was nothing we could do.”

Murang’a people like reminding everyone that it’s only they, who have yet to produce a president from the GEMA stable, despite being the wealthiest

It is interesting to note that Jimi Wanjigi, the Safina party presidential flagbearer is from Murang’a County. His family hails from Wahundura, in Mathioya constituency. Him and Mwangi wa Iria, the Murang’a County governor are the other two Murang’a prominent persons who have tossed themselves into the presidential race. Wa Iria’s bid which was announced at the beginning of 2022, seems to have stagnated, while Jimi’s seems to be gathering storm.

Are the Murang’a people prepping themselves this time to vote for one of their own? Jimi’s campaign team has crafted a two-pronged strategy that it hopes will endear Kenyans to his presidency. One, a generational, paradigm shift, especially among the youth, targeting mostly post-secondary, tertiary college and university students.

“We believe this group of voters who are basically between the ages of 18–27 years and who comprise more than 65 per cent of total registered voters are the key to turning this election,” said one of his presidential campaign team members. “It matters most how you craft the political message to capture their attention.” So, branding his key message as itwika, it is meant to orchestrate a break from past electoral behaviour that is pegged on traditional ethnic voting patterns.

The other plunk of Jimi’s campaign theme is economic emancipation, quite pointedly as it talks directly to the GEMA nation, especially the Murang’a Kikuyus, who are reputed for their business acumen and entrepreneurial skills. “What Kikuyus cherish most,” said the team member “is someone who will create an enabling business environment and leave the Kikuyus to do their thing. You know, Kikuyus live off business, if you interfere with it, that’s the end of your friendship, it doesn’t matter who you are.”

Can Jimi re-ignite the Murang’a/Matiba popular passion among the GEMA community and re-influence it to vote in a different direction? As all the presidential candidates gear-up this week on who they will eventually pick as their running mates, the GEMA community once more shifts the spotlight on itself, as the most sought-after vote basket.

Both Raila Odinga and William Ruto coalitions – Azimio la Umoja-One Kenya and Kenya Kwanza Alliance – must seek to impress and woe Mt Kenya region by appointing a running mate from one of its ranks. If not, the coalitions fear losing the vote-rich area either to each other, or perhaps to a third party. Murang’a County, may as well, become the conundrum, with which the August 9, presidential race may yet to be unravelled and decided.

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