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Tales of State Capture: Goldenberg, Anglo Leasing, and Eurobond

22 min read. WACHIRA MAINA examines three major corruption scandals during the Moi, Kibaki and Kenyatta eras that demonstrate how state capture facilitates the massive looting of public funds, and allows the culprits to get away scot-free.

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Tales of State Capture: Goldenberg, Anglo Leasing, and Eurobond
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Corruption and politics, never the twain shall part

Politics and corruption have always been intimates in Kenya since independence. Little wonder that the first commission of inquiry appointed after independence, the 1965 Chanan Singh Maize Commission of Inquiry, was triggered by a corruption scandal involving Paul Ngei, the then Minister for Marketing and Cooperatives.

Mr Ngei had permitted his wife Emma Ngei, through her company Uhuru Millers of Kangundo (commonly referred to at the time as Emma Stores) to directly buy maize from farmers, bypassing the Maize Marketing Board, which he chaired. This was despite the fact that the law did not allow Kenyans to buy maize straight from farmers (which was cheaper than buying from the government). Worse still, Ms Ngei was permitted to buy 2,000 bags of maize, but she refused to pay for them; she wrote “return to sender” on payment demands. In addition, she refused to remit the difference between the farmers’ price and the government price to the Board, which was also against the law.

Widespread speculation in maize by well-connected individuals, coupled with the government’s failure to import more maize in time, eventually led to a national shortage. The Chanan Singh commission of inquiry was appointed by President Jomo Kenyatta to investigate the cause of the maize shortage. Because of his relationship with Uhuru Millers, Mr Ngei was briefly suspended from the cabinet but was later reinstated.

Maize, then, before and since has had a long career in both politics and corruption. That first scandal set the tone for future graft: the politically connected rigging the system to benefit themselves, their relatives and their cronies and when unmasked, resorting to inconclusive methods of investigation, such as commissions of inquiry, task forces or inept prosecutions. The difference between that early corruption and the corruption described here as state capture is that most of it involved abuse of discretion and conformed closely to Robert Klitgaard’s definition: Corruption = Monopoly + Discretion – Accountability

The first corruption scandal encompassing major characteristics of state capture was the Turkwel Gorge hydroelectric power project between 1986 and 1991. Many aspects of the process of contracting for this project entailed rigging and repurposing legal processes for the benefit of President Daniel arap Moi and his cronies. According to an internal European Commission Memorandum of March 1986 written by Achim Kratz, the then Commission’s delegate to Kenya, the contract price for the project was more than double the amount Kenya’s government would have paid under a competitive international tender. The memo stated that the government knew that the price of the French contractor Spie Batignolles was extortionate, but hired them nevertheless, “because of high personal advantages”. Those “personal advantages” were millions of dollars paid to President Daniel Arap Moi and to the then Minister of Energy, Nicholas Biwott. Moreover, companies associated with people close to Moi and Moi’s family were sub-contracted to execute many elements of the Spie Batignolles contract.

The first corruption scandal encompassing major characteristics of state capture was the Turkwel Gorge hydroelectric power project between 1986 and 1991. Many aspects of the process of contracting for this project entailed rigging and repurposing legal processes for the benefit of President Daniel arap Moi and his cronies.

The effect of the combination of personal interest and inattention to geological and hydrological factors was that when the project was finally commissioned by President Moi in October 1993, the reservoir was under 25 per cent full and the project had already consumed three times the estimated cost. The knock-on effect was probably even greater: the Turkwel corruption provoked donors to cut funding to the energy sector, which would eventually generate the crippling power outages of the mid-1990s to the early 2000s.

Some of the lessons learnt from the Turkwel Gorge saga on repurposing state institutions and lawful processes to extract regime and personal gain would be applied with a vengeance to the first unambiguous case of state capture: the Goldenberg scandal.

Goldenberg: Designing the methods of state capture

In 1991 and 1992 Kenya underwent a foreign exchange crunch. The proximate cause for this was mounting pro-democracy pressure by the opposition and civil society groups, to which the government responded with violent crackdowns. Political repression and donor concern about corruption, combined with poor export performance of the leading foreign exchange earners of coffee, tea and tourism, led to a significant drop in hard currency reserves.

The government responded to this with an export promotion scheme in which exporters who deposited their hard currency earnings would not only receive the Kenya shilling equivalent of their deposits, but also an additional 20 percent “export incentive”. Goldenberg International, a company jointly owned by Kamlesh Pattni and the then director of the special branch (Kenya’s secret service), James Kanyotu, concocted a scheme to export gold and diamonds to three companies in Dubai and Switzerland on an understanding that they would be paid 35 per cent “export compensation”. The problem with this arrangement was that gold and diamonds were not covered in the Export Compensation Act and the “incentive” paid to the company was 15 per cent above the lawful limit.

The real scandal, though, was that Kenya had no diamonds and its gold mining was insignificant. In the beginning, Goldenberg International exports turned out to be entirely made up of gold smuggled from the Democratic Republic of the Congo (formerly Zaire). Later, the company stopped smuggling gold altogether and merely completed export declaration forms, produced fake hard currency deposit slips and got paid, not only the coupon amount on the fake deposit slips, but also the 35 per cent export compensation.

The total cost of the scandal is unknown, but some estimates indicate that up to 10 per cent of Kenya’s GDP was lost. The 2006 Bosire Commission of Inquiry into the scandal concluded that up to Sh158.3 billion of Goldenberg money was transacted with 487 companies and individuals. This is probably a gross underestimate, as in fact Goldenberg was a series of inter-connected financial scandals rather than the phantom exports of gold and diamonds that most investigations have focused on since 1992. (The scandal was first revealed in the Controller and Auditor General’s reports for 1991 and 1992.) According to various affidavits sworn by the main suspect in Goldenberg and associated scandals, the beneficiaries of these dealings included the President, the Vice President and his business associates.

Notwithstanding revelations in the Controller’s and Auditor General’s reports, together with whistleblower accounts covered in the media, the government initially stonewalled. This prompted the Law Society of Kenya (LSK) to seek the permission of the High Court to file a private prosecution to remedy the inaction of the Attorney General (AG).

The AG, Amos Wako, suddenly bestirred himself, asking to join the LSK case as a friend of the court. He promptly opposed the LSK’s application, arguing that he had been delayed by investigation reports, and requested the LSK to hand him such evidence as they had so that he may act. Backed by an affidavit by Japhet Masya, the Clerk to the National Assembly, the AG also argued that the High Court had no jurisdiction on Goldenberg given that the issue was before a committee of Parliament.

The total cost of the scandal is unknown, but some estimates indicate that up to 10 per cent of Kenya’s GDP was lost. The 2006 Bosire Commission of Inquiry into the scandal concluded that up to Sh158.3 billion of Goldenberg money was transacted with 487 companies and individuals.

Mr Wako’s pleas were both inexplicable and disingenuous: Parliament has no criminal jurisdiction and any policy issue on Goldenberg pending before one of its committees can have no effect on an indictment for corruption. The AG sounded more like a defence attorney than the head of public prosecutions and guardian of public interest that he was.

Dr Willy Mutunga, then the chair of the LSK, feared that Mr Wako’s ruse was proof that the government was “determined to complete the Goldenberg cover-up”. Mr Wako, he predicted, would continue to act like “counsel for all the accused persons” and would engineer “protracted delays”, “mention after mention, adjournment followed by adjournment”, ending in a “dramatic withdrawal of the cases”.

So it proved. The magistrate, Uniter Kidullah, appointed the Director of Public Prosecutions (DPP) after her decision in this case, rendered a rude and intemperate judgment, combining otiose proceduralism with personalised insults against the LSK: Mr Mutunga’s pleadings were inadmissible because he, rather than the secretary, had signed them; the LSK had no legal standing to file a private prosecution since it could not show how its interests had been harmed by the Goldenberg scandal and, so far as she could see, the LSK had acted outside its statutory mandate. Finally, she concluded that the only knowledge LSK seemed to have was that of “stealing from . . . clients”.

There the Goldenberg scandal would have died but for the government’s continuing hard currency crisis. The International Monetary Fund (IMF) and the World Bank warned Kenya that no new programme would be agreed with the country until the government took credible action on corruption in general and on Goldenberg in particular. It was this threat that spurred Attorney General Amos Wako to indict Pattni and his co-accused in 1997, five years after the scandal first broke.

But the charge was not meant to result in effective prosecution. Against the advice of his DPP, Bernard Chunga, the AG framed more than 90 counts in one charge in the face of clear precedent that so many counts would invalidate the charges. Knowing this, in July 1997, Kamlesh Pattni challenged the charges as illegal and was granted an order of prohibition by the High Court, stopping the trial. Donors, aghast at this turn of events, refused to lift the conditions they had imposed on aid to Kenya until Goldenberg was properly prosecuted.

A chastened AG filed new charges in August 1997, calculated to be good optics for an IMF mission that was expected in Nairobi in early 1998. In the meantime, Mr Pattni had concocted a new fraud to defeat any fresh charges that the AG might bring against him. Using forged papers, fake sale agreements backdated to 1992 with the connivance of the Registrar of Companies (in the Attorney General’s Chambers) Mr Pattni purported to be the owner of World Duty Free (WDF), the Isle of Man company to which he claimed to have sold the gold and diamonds. He then obtained court orders allowing him to take over management of WDF shops in Kenya.

The point of this devious scheme was that in a future prosecution Pattni could argue that as the owner of WDF he couldn’t be forced to testify against himself. Armed with this new civil suit, he challenged the fresh indictments, claiming these charges should be stopped as they were prejudicial to the WDF civil case. The court agreed with this risible claim, even though legal principle works the other way: where a criminal case raises the same issues as a civil case, the criminal case is heard first. There are two reasons for this: one, the public interest should be vindicated before the private interest and, two, given that the standard of proof in criminal cases – beyond reasonable doubt – is much higher than the standard in civil cases – on the balance of probabilities – it is more efficient to hear the criminal case first, since facts proved need not be proved again in the related civil case. This botched 1998 prosecution was the last action that the Moi government took to resolve the Goldenberg scandal.

In 2003, Mwai Kibaki succeeded Daniel arap Moi. He quickly set up a commission of inquiry into the Goldenberg scandal, ironically at just about the same time that his own cronies were busy siphoning monies out of Kenya under the Anglo Leasing scandal. The commission was chaired by Justice Samuel Bosire, who would later be declared as unfit to be a judge during the vetting of magistrates and judges mandated by the 2010 Constitution.

The point of this devious scheme was that in a future prosecution Pattni could argue that as the owner of WDF he couldn’t be forced to testify against himself. Armed with this new civil suit, he challenged the fresh indictments, claiming these charges should be stopped as they were prejudicial to the WDF civil case.

The Bosire Inquiry established what everyone always knew but could not prove, because the AG, Amos Wako, had developed feet of clay. Goldenberg, the commission concluded, involved the highest levels of President Moi’s government and Moi had personally authorised two Goldenberg-related payments. After the inquiry, the government imposed travel bans on people named by the commission as connected to Goldenberg. Bosire also recommended that retired President Moi’s role in Goldenberg be investigated. Nothing came of either the travel ban or the Moi investigation. In August 2006, the credibility of the report was seriously dented when Professor George Saitoti (formerly Vice President to Moi), who the commission had found culpable enough to warrant an indictment, got a court order expunging his name from that list of shame.

In the end, no one was ever convicted for any of the Goldenberg crimes. In 2006, six months after the release of the Goldenberg Report, David Munyakei – the man who first blew the whistle on the scandal only to be hounded into destitution for his efforts – died, a lonely and forgotten victim of the forces of state capture.

The Anglo Leasing Scandal

The Goldenberg script would be reprised in the second state capture case, the biggest scandal of the Kibaki era – the 2003 Anglo Leasing scandal. Anglo Leasing was a series of security-related scandals involving 18 state security contracts, collectively worth about $770 million (Sh55 billion), in which the government entered finance lease and suppliers’ credit agreements to pay for forensic facilities, security equipment and support services for Kenya Prisons, the Police Airwing, the police force, the Directorate of Criminal Investigations, the Administration Police, the National Security Intelligence Service (NSIS), and the National Counter-Terrorism Centre. Thirteen of the eighteen contracts were made under President Daniel arap Moi, the other five after 2002 under President Mwai Kibaki. The true identities and whereabouts of the companies remained unclear. Though the immediate investigation that blew open the scandal involved the Anglo Leasing and Finance Company, in truth the scandal involved many more companies owned by the same set of individuals: Deepak Kamani; Anura Perera; Amin Juma; Merlyn Kettering and Ludmilla Katuschenko.

Within these 18 generally irregular contracts, individual contracts were even more blatantly so: the contract for tamper-proof passports granted to Anglo Leasing and Finance Company was described by the Public Accounts Committee (PAC) – ironically chaired by Uhuru Kenyatta – as “an organised, systematic and fraudulent scheme designed to fleece the government through the so-called special purpose finance vehicles for purported security contracts”. How exactly Anglo Leasing became involved in these security contracts is unclear from the records, but the pattern itself is clear.

In 2000, the Department of Immigration did a “computer needs assessment” that concluded that to eliminate fraud, forgery, inefficiencies and revenue loss it would need to procure a passport -issuing system. This was to be done by restricted tender. The Ministerial Tender Committee invited five international firms to submit bids: two British firms, De La Rue Identity Systems and AIT International PLC; South Africa’s Face Technologies; Setec OY of Finland and Johannes Enschede of the Netherlands. Three firms responded. The decision was that AIT International PLC met both the commercial and technical specifications for the award.

However, the ministry’s budget for the 2000/2001 financial year did not cover the Sh622,039,944 contractual sum that AIT International PLC gave as the cost of the system. The procurement was deferred to 2002/2003. Six international firms were now invited to bid, the initial five and GET Group of the USA. Once again, three responded: De La Rue Identity Systems; South Africa’s Face Technologies and GET Group. The previously successful group, AIT International PLC, did not submit a bid.

A technical committee of the Government Information Technology Services concluded that none of the bids were responsive and subsequently recommended that they not only be disqualified but also that, “the system be redesigned and expanded to cover other aspects of the work of the Immigration Department, such as border controls and immigration monitoring”. It was now agreed that the expanded system would have five components: 1) high security new generation passports; 2) a secure passport issuing system; 3) high security new generation visas; 4) a high security visa-issuing system; and 5) computerisation of machine-readable immigration records. One consequence of expanding the system was a spiking of costs, which would require the Treasury to seek donor funds.

That is how matters stood when on 1 August 2003, a firm named Anglo Leasing and Finance Ltd of Alpha House, 100 Upper Parliament Street, Liverpool L19 AA, UK, sent an unsolicited technical proposal to the permanent secretary (PS) in the Vice President’s Office to supply and install an “Immigration Security and Document Control System, (ISDCS)”. The installation would be done by a sub-contractor of Anglo Leasing, François-Charles Oberthur Fiduciaire SA of Paris, France. To ease the funding problem, Anglo Leasing would offer a facility of €31,890,000 (Sh2.67 billion) to be repaid at an interest of 5% (later 4%) over a 62-month period.

On review, the PAC thought this highly irregular: a financing firm had prepared a detailed proposal for a project very similar to the one recommended by the Government Information Technology Services without a request from the government and, most curiously, in a manner that strongly suggested that the firm “had fore-knowledge of the recommendation to enhance and expand the system”.

Nonetheless, a month later, on 5 September 2003, the Vice President’s Office asked the Treasury to contract Anglo Leasing. That permission came through on 25 November 2003. Also on 5 September, the Vice President’s Office sought legal clearance from the AG’s Chambers, and in a letter dated 18 September 2003, the AG advised the ministry to do due diligence. For example, how many projects of this magnitude had Anglo Leasing successfully undertaken? What was the firm’s credit rating? The PAC did not see any evidence that tests had been undertaken or that the ministry had assessed the “authenticity, capacity, experience and track record of François-Charles Oberthur Fiduciaire”.

On review, the PAC thought this highly irregular: a financing firm had prepared a detailed proposal for a project very similar to the one recommended by the Government Information Technology Services without a request from the government and, most curiously, in a manner that strongly suggested that the firm “had fore-knowledge of the recommendation to enhance and expand the system”.

Even with all these things still outstanding, the government signed the Suppliers Services and Financing Credit Agreement for the ISDCS on 4 December 2003, and two months later, on 4 February 2004, a sum of Sh91,678,169.25 (described variously as “arrangement”, “commitment” and “administration” fees) was paid out to Anglo Leasing.

According to John Githongo’s dossier to the President, all the Anglo Leasing-type shell companies were probably established by one Pritpal Singh Thethy, an accountant and engineer who was associated with Anura Perera. These companies routinely won large contracts to supply goods and services at inflated prices to the security services and were notorious for paying generous kickbacks.

The unravelling of Anglo Leasing began when Maoka Maore, the MP for Ntonyiri, tabled documents in Parliament in April 2004, showing that Anglo Leasing and Finance Company Limited had been paid a Sh91 million commitment fee, amounting to 3 per cent of a Sh2.7 billion contract to produce the tamper-proof passports. The Department of Governance and Ethics, headed by John Githongo, tried to get to the bottom of the affair.

In that same month, whilst on a visit to the United Kingdom he asked Kroll Associates to do some due diligence on Anglo Leasing and discovered that no such company existed. Githongo had begun to suspect that very senior officials in the Kibaki administration were involved. Early suspects included Vice President Moody Awori, Minister for Justice and Constitutional Affairs Kiraitu Murungi, Minister for Finance David Mwiraria, Minister for Internal Security Chris Murungaru, Home Affairs Permanent Secretary Sylvester Mwaliko, Finance Permanent Secretary Joseph Magari, Internal Security Permanent Secretary David Mwangi, Alfred Getonga, Deepak Kamani and Jimmy Wanjigi.

From an early stage in a series of private meetings, the Vice President, as well as the ministers for justice and finance, assiduously tried to stop the investigation, partly based on the theory that “the Vice President had already given a parliamentary statement”. The scale of Anglo Leasing and the depth of its penetration into the inner sanctum of power would become much clearer over the next few months. It turned out that even as investigations kicked off, additional payments and commitment fees were being processed.

When these stories hit the media, the then Secretary to the Cabinet, Francis Muthaura, said that Anglo Leasing had contacted him and promised to repay the monies they had already received. Shortly thereafter, on 14 May 2004, Anglo Leasing and Finance Ltd wired back €956,700 from Schroder & Co Bank AG in Zurich.

Investigations would reveal even more dirt. By early June, inquiries had established that Anglo Leasing had been paid $5 million for a forensic laboratories contract for which they had done no work. The brains behind the revival of this Moi-era contract were Deepak Kamani, Jimmy Wanjigi, Chris Murungaru, Dave Mwangi, Alfred Getonga, and C. Oyula, the Financial Secretary. It was clear that there were many more Anglo Leasing type contracts, and eventually 16 of them would become public.

From an early stage in a series of private meetings, the Vice President, as well as the ministers for justice and finance, assiduously tried to stop the investigation, partly based on the theory that “the Vice President had already given a parliamentary statement”. The scale of Anglo Leasing and the depth of its penetration into the inner sanctum of power would become much clearer over the next few months.

The case of two of these Anglo Leasing-type companies – Sound Day Corporation and Apex Finance Corporation – closely followed the conspiratorial modus operandi of the contracts for the tamper-proof passports. The two companies, which were managed by Brian Mills, a US national, had signed four contracts, cumulatively worth more than $145 million. According to newspaper accounts, the three Kamanis – Chamanlal Kamani, Deepak Kamani and Rashmi Kamani – became directors of Sound Day in April 1990. Sound Day, like other Anglo Leasing companies, was to provide credit, as well as supply the equipment to be financed through that credit. However, the contract terms were that the equipment would not be supplied until the government paid the first instalment. Sound Day provided no credit, but charged 3 per cent interest on this “financing” whilst, in fact, the financing was the money that had been advanced by the Kenyan government in the first place. This Byzantine arrangement was later described in court as a “classic case of reverse financing”.

As Anglo Leasing unravelled, the attempts to stop investigations became both frantic and menacing. The Minister for Finance, David Mwiraria, indicated that he would not lay before Parliament a damning special audit report compiled by the Controller and Auditor-General until the Treasury had made some “major changes”. The Minister for Justice, Kiraitu Murungi, weighed in with the caution that Mr Githongo should be careful not to “knock out key political people” like Alfie (Alfred Gitonga) and Murungaru given that both were “key players at the very heart of government”. He would later add that, “if Chris [Murungaru] is dropped and Alfie [Gitonga] is dropped we are in trouble, the enemy will have won”. According to him, people were concerned that John Githongo “did not appreciate the political costs of his work”.

A different politician was later to emphasise these warnings, saying that if Githongo’s investigations threatened the “stability of the regime” then the President would stop backing him. Both Mwiraria and Kiraitu said that they hoped that the investigations would stop as soon as Anglo Leasing repaid the money. Over time, the cover-up efforts would turn bizarre: Francis Muthaura even questioned the legal authority of the Kenya Anti-Corruption Commission (KACC) to conduct the investigation and implied that the Anti-Corruption and Economic Crimes Act was not reasonable legislation, ostensibly because of the broad powers it gave to the KACC.

What the pressure on Githongo and the repayment of the money on the publicly known contracts revealed was a clever ploy to head off investigators from the other numerous yet to be known contracts by issuing a mea culpa on what was then publicly known.

One issue surrounding the scandal is what President Kibaki knew and when he knew it. For instance, on the forensic labs contract, the Secretary to the Cabinet had indicated to Githongo that he had briefed the President on this contract, but when Githongo met the President on 29 May 2004 Kibaki said that no one had briefed him and asked to be furnished with a copy of the contract. Two days later, Muthaura would insist that the President had been fully briefed and that it had been agreed that all payments were to be stopped and that the authorities must establish who Anglo Leasing were.

Later still, Mwiraria would claim that the President had requested that they “go easy” on Anglo Leasing given that the money had now been returned. Mwiraria and Kiraitu would argue that if the public were to know that there were other corrupt deals of this magnitude, “our government would fall”. Had the President in fact said this or were Mwiraria and Kiraitu using the authority of the Presidency to smother inquiries? Had the President lied when he told Githongo that he had not been briefed?

From the determined opposition to his inquiries, the lukewarm support he received from the President and the threatening messages that he received throughout this early phase of the investigation, Githongo feared for his life and went into self-imposed exile in the United Kingdom in 2005. His conclusion was that the Anglo Leasing scandal went all the way to the top and that its baseline was a scheme to finance the 2007 election.

One issue surrounding the scandal is what President Kibaki knew and when he knew it. For instance, on the forensic labs contract, the Secretary to the Cabinet had indicated to Githongo that he had briefed the President on this contract, but when Githongo met the President on 29 May 2004 Kibaki said that no one had briefed him and asked to be furnished with a copy of the contract.

In November 2005, President Mwai Kibaki finally acted. He dropped Chris Murungaru from the Cabinet. On 1 February, he dropped David Mwiraria and a fortnight later he had “accepted” Kiraitu Murungi’s resignation. Although 80 MPs demanded that the President fire his Vice President, Moody Awori, the President demurred. As with Goldenberg, the government imposed the usual travel bans on the principals and announced that it would also freeze their assets. Whether this happened or not is unclear; there is no official indication that it did.

In 2007, the UK’s Serious Fraud Office tried to get to the bottom of a $30 million transfer made by Apex Finance, one of the Anglo Leasing companies, between April 2002 and February 2004 through the Channel Island tax havens of Jersey and Guernsey. But by 2009 this effort had petered out, partly due to obstruction by Kenya. That same year, authorities in Switzerland launched investigations into Swiss companies named in the scam and froze their bank accounts. It, too, came to naught. By the time President Kibaki had served out his two terms in 2013, no action had been taken on Anglo Leasing.

The next time Anglo Leasing would be in the news was in early 2014, ahead of the country’s debut launch of a $2 billion sovereign bond, half of which would disappear into thin air in the biggest scandal of the Uhuru Kenyatta presidency. The facts were as follows. Kenya had lost a lawsuit in Geneva filed by two Anglo Leasing companies linked to Anura Perera – First Mercantile Securities Corporation and Universal Satspace. (Perera was one of the suspects named in the 2006 special audit of Anglo Leasing.) It then turned out that the country had to pay Sh1.4 billion to improve its credibility with international markets by clearing its (ostensible) debts in preparation for the launch of its debut in the foreign sovereign bond market, the Eurobond.

This was odd for two reasons. First, there was also a contrary judgment from the High Court in Kenya. Justice Mathew Anyara Emukule had ruled in 2012 that the two companies were non-existent entities that could not sue. Second, the government had claimed that the contract was vitiated by bribery and there was a PricewaterhouseCoopers (PWC) audit showing that the goods were over-priced and some had never been delivered, even though payments had been made. The Geneva court rejected these PWC findings.

As a matter of Kenyan law, the government had paid this large sum to non-existent parties. According to Treasury Cabinet Secretary Henry Rotich, it was necessary to pay out this amount lest the country suffer huge interest penalties. The Deputy Solicitor General, Muthoni Kimani, buttressed the Treasury’s argument with the claim that the Anura Perera litigation in Switzerland had adversely affected the issuing of the sovereign bond. Hot on the heels of this payment, National Treasury Permanent Secretary Kamau Thugge told the Public Accounts Committee that Mr Perera was now demanding an additional Sh3.05 billion for services given to the National Security Intelligence Service, now known as the NIS. (According to Thugge, Perera’s new demand related to another project, Flagstaff National Counter Terrorism Centre,that the government had contracted in 2004 at a cost of $41,800,000.)

A payment of $16.4 million to Deepak Kamani in 2014, also purportedly to facilitate the launch of the Eurobond, seems to have triggered the government’s interest in prosecuting the Anglo Leasing principals. In March 2015, 11 years after the scandal broke, 13 people connected to Anglo Leasing, including businessman Deepak Kamani and former minister Chris Obure, now a senator, were indicted.

The prosecution might be explained by President Kenyatta’s fury at the $16.4 million (Sh1.6 billion) Kamani payment and the extra Sh3.05 billion being demanded by Perera. In addition, some pressure seems to have come from Switzerland. Jacques Pitteloud, the Swiss ambassador to Kenya, told the Financial Times that Switzerland was tired of suffering reputational loss as a safe haven for stolen money. But the real political reason could well be that prosecuting Anglo Leasing deflected attention from scandals involving the friends and relatives of Mr Kenyatta. None of the targets of the Anglo Leasing indictments were connected to the Kenyattas.

As with Goldenberg, none of the arrests and indictments have so far led to convictions. This script of never holding to account those involved in state capture scandals would be replayed by Uhuru Kenyatta, as President, when he was himself caught up in the Eurobond scandal.

The Eurobond Scandal

Less than a year after the election of President Uhuru Kenyatta in March 2013, Kenya went to the international money markets to issue Kenya’s first sovereign bond worth $2.75 billion. This was done in two tranches. The first issue raised $2 billion (Sh176 billion at the time) and the second $815 million (Sh74 billion) for a total of $2.8 billion (Sh250 billion). The government said that the money would be used to reduce official borrowing from the domestic market, which would spur private investment by lowering interest rates.

According to an analysis by economist David Ndii, the government executed two transactions from the offshore account into which the $2 billion had been credited. It paid off a pending loan of $604 million (Sh53 billion) and then transferred $394 million (Sh35 billion) to the exchequer, leaving $1.002 billion (Sh88 billion) in that account. The government has never accounted for this money.

When inconsistencies were pointed out, the government responded with both lies and insults. The lies were that up to Sh120 billion had been used partly to pay pending bills to road contractors and for budget support. But as Ndii points out, the recurrent budget for the 2014/2015 financial year was funded by domestic revenues: the government raised Sh1.106 trillion in revenues, of which Sh229 billion was transferred to the counties. That left Sh877 billion for national government functions. The national government’s recurrent budget for that year was Sh897 billion, a mere Sh20 billion more than the revenue, reflecting no inflow of the Sh120 billion as claimed. According to this logic, the national government required only Sh20 billion more than what it had earned through revenue, so there was no way it could have used the Sh88 billion from the bond.

In its first public statement on the matter, the Treasury promised to give information on the projects that the Eurobond money had funded. It subsequently gave ministries three weeks to furnish the relevant information. Five weeks later, in an interview with Business Daily, the Cabinet Secretary for Finance lamented that “the ministries cannot differentiate whether the money they have received from the Exchequer came from VAT, income taxes, customs duties, excise taxes, domestic borrowing or the Eurobond”. This is true but irrelevant to the issue. Treasury should have been able to provide the answer. As Ndii points out, the government has a monitoring and evaluation responsibility. “For the Treasury to disburse a huge external loan, the biggest ever, without expenditure tracking seems downright irresponsible,” he commented.

In the following months, the government would “torture” the figures to show that the missing Eurobond money had indeed financed development projects. This was done by “wildly” (Ndii’s word) inflating the cost of nine projects in the energy sector that showed overruns of nearly Sh67 billion. Rural electrification of primary schools was said to have cost Sh34 billion rather than the Sh9.9 billion that had been budgeted. An unbudgeted item for the financial year, military modernisation, gobbled up another Sh62.8 billion. The point of cooking the figures, Ndii surmised, was to create a plausible storyline to explain the missing Eurobond money. “How high up does this fraud go?” he asked.

The government couldn’t – or rather wouldn’t – answer this question directly but its conduct in the coming years had the guilty air of an adulterer caught in flagrante delicto. As David Ndii explained, the government’s real problem was that it could not account for the Eurobond money that it had not spent and still manage to balance its accounts. In the 2014/15 financial year, it partially pulled off this miracle by reducing domestic borrowing for the year from Sh251 billion to Sh110 billion. The Sh140 billion reduction covered the exact amount of Eurobond money that it claimed to have carried forward from 2013/14. Unfortunately, this voodoo accounting was undone by the Central Bank accounts on domestic borrowing and was flatly contradicted by the interest that the government reported having paid on domestic borrowing for the year.

In the following months, the government would “torture” the figures to show that the missing Eurobond money had indeed financed development projects. This was done by “wildly” (Ndii’s word) inflating the cost of nine projects in the energy sector that showed overruns of nearly Sh67 billion.

In 2016 the Auditor General, Edward Ouko, tried to get to the bottom of the affair by conducting a forensic audit of Eurobond transfers from the Federal Reserve Bank of New York. As part of his preparations, he told Parliament that he had already made appointments with top US and UK financial institutions involved in the transactions. Mr Ouko promised to send forensic auditors to scrutinise transaction data at JP Morgan, the Federal Reserve Bank, City Transaction Services New York, JP Securities, Barclays Bank, ICB Standard Bank, Qatar National Bank and other banks that had handled the $2 billion Eurobond transactions.

Mr Kenyatta promptly blocked the investigation, arguing, implausibly, that by saying that “the Eurobond money was stolen and stashed in the Federal Reserve Bank of New York”, Mr Ouko was implying that the Kenyan government and the United States had colluded. “Who is stupid here?” the President scornfully asked.

In the next few years, the government became cockier and more belligerent. With the Auditor General not allowed to follow the international money trail, he was reduced to informing Parliament at the end of each audit year that “investigations into the receipts, accounting and use of funds related to the Sovereign/Eurobond are still ongoing and the accuracy of the net proceeds of Kshs 215,469,626,035.75 is yet to be ascertained”.

As Ndii’s analysis pointed out, unravelling this mystery should not have been as complicated as the Auditor General’s laconic conclusion might suggest and the Treasury’s effort to explain the mystery only compounded it, even with the IMF weighing in to support the official explanation. But as the Mozambique Eurobond story shows, the IMF has been criminally negligent in these matters.

In this case, the IMF’s attempt to aid the government was unavailing. The Fund showed that Eurobond money was received and spent in the 2013/14 financial year. But given that the Eurobond money was received in the last week of that financial year, it would not have been possible for it to be spent in that year. There was no drawdown until the first week of July, which was the start of the 2014/15 financial year. The difference between the Fund’s fiddling and the Treasury’s fiddling was that the IMF reported a domestic borrowing figure of Sh251 billion for 2014/15 domestic borrowing, whilst the Treasury showed one of Sh110 billion. As Ndii noted, “The IMF cooks the books one way, and the Treasury, the other”.

Mr Kenyatta promptly blocked the investigation, arguing, implausibly, that by saying that “the Eurobond money was stolen and stashed in the Federal Reserve Bank of New York”, Mr Ouko was implying that the Kenyan government and the United States had colluded. “Who is stupid here?” the President scornfully asked.

But the Treasury’s lies were also compounded by the mandarins’ poor memory. By 2015/2016, they seemed to have forgotten the 2014/2015 numbers. Now the Treasury reported Sh251 billion as the correct domestic borrowing figure. With Sh251 billion confirmed as the correct amount, the only way to account for the Eurobond Sh140 billion was to show the projects in which it was invested. That no such projects have been named implies that at least $1 billion of the Eurobond money has disappeared into thin air. The conclusion that it has most likely been stolen by some very senior untouchables is compelling.

With investigations never having been started, the Auditor General, beaten down by the President, and the marked lack of enthusiasm from the United States (particularly the New York Federal Reserve), it is unlikely that we will know who stole nearly $1billion of taxpayers’ money.

This is Part 3 of an abridged version of State Capture: Inside Kenya’s Inability to Fight Corruption, a report published by the Africa Centre for Open Governance (AfriCOG) in May 2019.

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Wachira Maina is a constitutional lawyer based in Nairobi, Kenya.

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Zimbabwe’s Trauma: Impunity, Disappearances and Torture

11 min read. TINASHE L. CHIMEDZA explores how state-sanctioned violence – a remnant of colonialism and the country’s liberation war – has become normalised in Zimbabwe.

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Zimbabwe’s Trauma: Impunity, Disappearances and Torture
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Taking the latest protests engulfing Zimbabwe since the 16th of August 2019, the article looks at how state repression against the opposition and the brutal crackdown on civil society activists are remnants of the country’s historic liberation war days. Instead of ‘smashing’ the colonial-settler brutal state security apparatus, the post-colonial nationalist class re-fashioned it and used its Chinese/Russian trained officers to build a total surveillance state that abducts, kidnaps, tortures, kills, and brutalises citizens, especially those belonging to the opposition.

This article gives the example of three activists who were abducted, tortured, and some who disappeared and points to how the state security apparatus has remained outside the bounds of accountability, and is funded heavily through budget and extra-budget means. To achieve its political ends, the ruling class is deliberately tiptoeing around much needed legislative and political reforms set out by the 2013 Constitution, which was won after a decade of political contest.

The article ends by pointing out that the opposition has qualitatively changed from the ‘old guard’ like Morgan Tsvangirai to a new younger and more impatient leadership under Nelson Chamisa. Add to this, the explosive concoction of unemployed, poor working-class conditions, economic informality, urban slums and the ruling political class, already suffering from intra-party factional fights, has a real political contest on its hands – in Zimbabwe a hungry man is very angry.

State-sponsored abductions, kidnapping and torture  

Three people.

The first. Tonderai Ndira.

A young activist belonging to the opposition Movement for Democratic Change (MDC) led by the former Prime Minister of Zimbabwe, Morgan Tsvangirai. He was an activist from the poor working-class neighbourhood of Mabvuku-Tafara, a few kilometres east of Harare that was a hotbed of opposition activism.

When they came for him, it was just before dawn on the 14th of May 2008. Just weeks from an election. In the cover of darkness. They rammed in into the house. No warrant. Just brutal force. They were almost a dozen of them, some clad in balaclavas, brandishing the infamous AK-47s in front of his wife and two young kids. He had no chance. Outnumbered. Outgunned. Dazed in his sleep. His wife and children screaming and all caught up in the maelstrom. They dragged him out with only his underwear. That was the last time his family saw him alive. As soon as the wife realised what had happened, she alerted neighbours, the party leadership and human rights activists. The search began and it led nowhere. After a few days those searching for ‘Dread’ Tonde turned to hospitals.

When they finally found him, it was a harrowing scene. They discovered his body by mistake on the Parirenyatwa morgue. Tonderai’s body had been left to rot in an open field in Goromonzi, which is rumoured to have the intelligence torture chamber built under Ian Smith in the 1960s. His bones were broken in several places. His jaw bone was shattered. There were multiple stab wounds. His tongue had been cut out. There was a bullet wound through the heart indicating that he was shot at close range. His skull had been clobbered with what looked like a blow from a steel hammer. It was an extra-judicial sadistic cold-blooded murder. His almost decomposing torso had evidence of extreme torture.

His wife would only identify him from a ring he had. His father had problems identifying his son. It is likely that they would have drugged him to make him unconscious, cuffed his hands, tied his legs, put the dreaded hoodie around his neck and then severely tortured him. They knew he was a fighter and they would have come prepared. Morgan Tsvangirai called the murder ‘callous’ at the funeral and a researcher, Sam Wilkins, would conclude in the Journal of Southern African Studies (Volume 39, December 2003) that Tonderai Ndira was ‘legendary’, a ‘peacemaker’, a ‘street fighter’, ‘charismatic’, ‘visionary’ and a ‘comedian’.

When they finally found him, it was a harrowing scene. They discovered his body by mistake on the Parirenyatwa morgue. Tonderai’s body had been left to rot in an open field in Goromonzi, which is rumoured to have the intelligence torture chamber built under Ian Smith in the 1960s.

It would later emerge that the violence of May, June, July and August in 2008 was a well-coordinated military operation, that the commanders who executed the coup of 2017 were in control and that the current president, Emerson Mnagagwa, was the anchor of that unprecedented mayhem. They wanted to send a message to the core activists of the MDC that the state was watching and to strike fear. By the time that orgy of violence was over in 2008, the MDC would allege that over 500 of its activists had been murdered and some had just simply disappeared. Since then there are rumours that just outside Marondera, less than 100 km to the east of Harare, there is a dam where locals claim ruling party activists tied ropes and granite stones around opposition activists and threw them to sink to the bottom.

The second, a young radical journalist. Itai Dzamara.

He was vociferous about the socio-economic collapse in Zimbabwe. Itai was daring. He had been arrested, beaten up and roughed up a few times. Despite this, he kept going back to Africa Unity Square in the middle of Harare not far from the Munhumutapa Government complex and right adjacent to the Parliament building. With a few comrades they had started what was called Occupy Africa Unity Square Movement. Sometimes they slept there, sometimes they held placards but they kept going back.

The nation was starting to notice and the opposition leader made a visit. What was initially an inconvenience for the Robert Mugabe regime was becoming a rallying point. They went for him first with the usual propaganda and when that didn’t seem to deter him, they finally went for his neck. Itai had become a vocal critic of the Mugabe-led government. He was arrested. He was beaten up and detained on several occasions. His protest message was simple: ‘FAILED MUGABE MUST STEP DOWN’.

When they went for him it was in broad daylight. Witnesses said they saw an all-terrain vehicle circling the barbershop. Itai Dzamara was convinced that it was a vehicle that belonged to the intelligence services. In the poor urban streets of Glen Norah, the expensive car, the well-fed men and the guns stuck out like a sore thumb. They pounced on him stealthily, accusing him of being a ‘cattle rustler’. The kidnappers cuffed him, threw him into the vehicle and sped off. The vehicle had no number plates. They were armed with the infamous AK-47s. It was a signature state-sanctioned operation.

The nation was starting to notice and the opposition leader made a visit. What was initially an inconvenience for the Robert Mugabe regime was becoming a rallying point. They went for him first with the usual propaganda and when that didn’t seem to deter him, they finally went for his neck.

Since then the young journalist has never been seen. The ruling political class said the journalist had arranged his own abduction. His wife and two kids were left in the horror and constant trauma that they too could be targeted by the state security. Since then accusations and counter-accusations have flown around. The state propaganda even went as far as claiming that Itai Dzamara had organised his own kidnapping. It would later take a High Court application and several pleadings in Parliament for the police to even feign some level of investigation into the disappearance.

The third, a human rights activist. Jestina Mukoko.

She now chairs the NGO Human Rights Forum. She was the Director of Zimbabwe Peace Project (ZPP). Jestina had also worked for Radio Voice of the People whose studio in Harare was bombed in the middle of the night in August of 2002. The printing press of the Daily News had suffered a similar fate days after Professor Jonathan Moyo had declared that it was time to “put a final stop to this madness”.

While ZPP is a small organisation, they had devised a network of peace activists across the country who document political violence and they filed detailed reports of who was doing what, when, how and against whom. The security apparatus was watching and they feared the concrete evidence that ZPP was slowly and meticulously gathering. They went for her in the dead of the night. In the cover of darkness, with no warrant, no identification cards, bundled her into a car in a nightdress, firearms openly displayed, drove off into the night and definitely not to a police station.

She would later testify that she was blindfolded on several occasions, threatened with execution, severely beaten with a piece of iron and horse pipe under her feet until they were swollen (falanga method) and interrogated almost daily by people who were demanding ZPP documents. By the time they were done, in three weeks’ time, she mysteriously appeared at court charged with ‘recruiting’ or ‘attempting to recruit’ young men to ‘undergo military training’ in order to commit ‘insurgency, banditry, sabotage or terrorism in Zimbabwe’. When she challenged the prosecution in the Constitutional Court, the court stayed the prosecution and the learned judges were stating the following:

It is clear from the facts that at the time the State security agents kidnapped the applicant from home and later detained her at the secret place, they did not have reasonable suspicion of her having committed the criminal offence she was later charged with. They then used torture, inhuman and degrading treatment during interrogation to extract from her information or evidence on which they expected that the public prosecutor would act as a basis of a reasonable suspicion of her having committed the criminal offence with which she was then charged. (Judgment No. SC 11/12 Const. Application No. 36/09)

Jestina Mukoko, supported by the Zimbabwe Lawyers for Human Rights (ZLHR) sued the Ministry of Home Affairs and was awarded damages. The people behind the unlawful abduction and torture were never exposed or prosecuted. She would later write a book titled The Abduction and Trial of Jestina Mukoko: The Fight for Human Rights in Zimbabwe chronicling the most sordid and chilling details of Zimbabwe’s ‘shadowy’ state.

Jestina Mukoko’s and the pattern of abductions of activists reads like the scripts from colonial Rhodesia, apartheid South Africa or the scenes described in The Gulag Archipelago by Aleksander Solzhenitysn. In defence of its class position and the ruling networks, Zimbabwe’s state security apparatus has flourished, with largesse straight from the state. The country’s presidents have shown no appetite for making them accountable.

Trauma and tactics of war: Impunity and unaccountability

In the 1980s, the then president, Robert Mugabe, appointed the Chihambakwe Commission to investigate the now infamous killings called Gukurahunnd, by the 5th Brigade of the Zimbabwe National Army (ZNA). The commission report was never published.

The current president appointed the Motlanthe Commission to investigate the 1st of August 2017 killings in Harare just after the elections of July 2017. The recommendations of the commission remain unimplemented. Prosecutions have happened. In an interview with the Zimbabwe Television Network (ZTN), the Chief of the Defence Forces, Commander Valerio Sibanda, blamed a ‘third force’ and claimed after that after one year investigations are continuing. But once in a while the president revealed openly the way the state, party and military have become deliberately conflated:

We must be respected. We are the majority. We are the people. We are the government. We are the army. We are the army. We are the Air Force. We are the army. We are the police. We are everything you can think of. We determine who can do mining in Zimbabwe. We determine who can construct a railway line in Zimbabwe. We determine who can build a road in Zimbabwe. No other party can do so. (President Emerson Mnagangwa, 8th of May 2019)

But to learn how this came to be we have to look into the history of the liberation national liberation movement in Southern Africa. Liberation wars were a very, very messy affair. Comrades turned on comrades, colonial governments infiltrated liberation movements and, in extreme cases, used targeted assassinations to eliminate leaders.

In the midst of that maelstrom, liberation movements developed very cruel and brutal means of dealing with opponents. These divisions went to the heart of the movements and the nationalists became paranoid. Those with political ambition exploited the lapses and fanned ethnic and regional differences. The contradictions were captured in a former liberation army commander’s autobiography written by Wilfred Mhanda: Dzino: Memoirs of A Freedom Fighter (2011) and also in Fay Chung’s Reliving the Second Chimurenga: Memories from Zimbabwe’s Liberation Struggle (2006)

In the liberation camps itself, faction turned against faction with fatal consequences. This security paranoia spilled over into the independence era and the nationalists found a network of state institutions, detention facilities and torture tactics that had been developed by the settler-colonial regime. To the very brutal, totally vicious security apparatus left by white colonial-setter colonial Rhodesia, the national liberation movement added lessons from China and Russia who had often trained both the military and intelligence officers.

In the midst of that maelstrom, liberation movements developed very cruel and brutal means of dealing with opponents. These divisions went to the heart of the movements and the nationalists became paranoid. Those with political ambition exploited the lapses and fanned ethnic and regional differences.

Zimbabwe’s current president was in charge of that state security apparatus, which was fanned across the country and embedded into society, from overt intelligence officers in every district office to covert intelligence officers across the major institutions across the country ranging, from universities and straight into hotels. The current First Lady is a former intelligence officer deployed in the hospitality sector. The country has become a total Stalinist surveillance society.

Trashing or fulfilling the Constitution of 2013?

As Zimbabwe’s political class pushes the country to the brink, the Constitution of 2013 has become a new battleground pitting the ruling party against the opposition led by Nelson Chamisa. The government is engaged in a very deliberate process of watering down the liberal rights regime introduced by the Constitution of 2013. On the other hand, the opposition has started to push back, arguing that the ruling political class is delaying reforms and making sure the old political landscape of authoritarianism is entrenched. This was captured well by journalist Hopewell Chinono:

We have a newish constitution, newish because it is now six years old. It was put to a national vote through a referendum and agreed upon by the whole country. Up to now the laws of our country have not been aligned to that constitution which was put in place just a few months before the current President became Minister of Justice in August of 2013. He held this Justice portfolio until November of 2017 when he subsequently became the country’s President, so he is aware of what needs to be done to fix this issue, all he needs is the political will to do it. (Nehanda Radio, 15 June 2019)

Zimbabwe’s nationalist-military class is also building and serving conspiracy stories in large doses. At some point they blame the opposition for not joining a state-directed dialogue process; at another time they blame ‘foreign nationals’ of training bandits, at another time they arrest civil society activists for attempting to ‘subvert an elected government’ and yet another time they blame the collapse to ‘sanctions’. The Sunday Mail, a government-controlled paper, continues with this line, stating that “Government and security officials have been consistently warning that the there is a ‘third hand’ behind the disturbances that have been plaguing Zimbabwe since the July 30 2018 elections.” (18 August 2019).

The president preaches reform but only tinkers with the Public Order Security Act (POSA), promises media reform and opening up the media landscape but appeals a judgment by the High Court that the public broadcaster is biased. The president promises a crackdown against corruption but appoints the wife of the Minister of Foreign Affairs and one of his key allies as Chair of Zimbabwe Anti-Corruption Commission (ZACC).

The charade then consists of a few arrests of bureaucrats and a minister but totally ignores a damning disclosure by the Ministry of Finance, in Parliament, that they do not have paperwork to account for US$3billion disbursed under the ‘command agriculture’ programme. Command agriculture superintended by the military continues to be funded from the budget and was arguably used as an open cheque to fund the military coup of November 2017. The president preaches ‘austerity for prosperity’ but charters luxury jets. But this state of affairs is driving a new wave of despair and more protest.

Winds of protest: The qualitative change in the opposition

In February of 2016, the leader of the main opposition, Morgan Tsvangirai, passed on after a battle with cancer. Initial instability in the party has quietened down. But there is also another qualitative change in the opposition. The MDC Alliance leadership is now dominated by former student leaders. These former student leaders are not afraid of protests; most of them have been tortured, detained in jails before, some have been charged of ‘treason and subversion’, some have been exiled before and they all share strong levels of solidarity. They have no links to the liberation movement and they have a long-running disdain for the ruling political class.

The MDC Alliance have started a national mobilisation process aimed at having rolling mass protests. While the High Court stopped the initial protest on the 16th of August 2019 and the police issued ‘prohibition orders’, Nelson Chamisa, the leader of the opposition, stated that they will not backing down, saying the following:

7/15.Throughout the course of history no oppressed people have achieved freedom by complying with the dictates of an unjust system. They have challenged it. This is the historic task of our people our generation. The system a vicious machinery but the people have a valiant spirit.

15/15.In the days, weeks and months ahead, peaceful action is our force. To the people who will come out to express themselves we say it’s important to exercise your rights and to do so peacefully. (Nelson Chamisa, Twitter posts, 17 August 2019)

The United Nations has estimated that close to 5 million people will need food aid in the 2019-2020 farming season. In urban areas, the socio-economic crisis is radicalising unemployed youth and the routine deployment of police, army and security services is putting the national psyche on knife’s edge.

Electricity is gone two-thirds of the day, cholera and typhoid is stalking the urban populace, jobs are nowhere to be found, inflation is spiralling out of control, fuel shortages are the new normal, income is fast collapsing, unions are threatening strikes and the ruling party is beset by far-reaching factional contests. If one were to place a finger on the nation’s urban areas one can feel the intense palpitations of a nation-state hurtling on auto-pilot and the political class is preaching to itself about ‘third force’ conspiracies.

The political class would do well to heed that warning by Bob Nester Marley –in Zimbabwe a hungry man is an angry man.

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The Rebels Within: The Politics of Kieleweke and Tanga Tanga in Central Kenya

12 min read. Dissent is brewing in President Uhuru Kenyatta’s Kikuyu strongholds, which has allowed Deputy President William Ruto to gain support in the region.

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The Rebels Within: The Politics of Kieleweke and Tanga Tanga in Central Kenya
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The fracas that took place in Gitui Catholic Church in Murang’a County on September 8, 2019, is a harbinger of the political battles that are going to be fought in Central Kenya and the larger Mt Kenya region by the fractious Jubilee Party antagonists.

“The battle for the soul of the Kikuyu vote is on and what we witnessed in Murang’a was a proxy war being waged by two factional camps, split by succession politics that are intent on capturing the Kikuyu vote ahead of the 2022 general elections,” said a Central Kenya politician who requested for anonymity.

The camps are led by President Uhuru Kenyatta and his Deputy William Samoei Ruto. Fronted by their respective protégés, the factions are known by their signature monikers – Kieleweke (it shall [soon] be evident) and Tanga Tanga (the roving group). Although President Uhuru has not come out openly to associate with the @Kieleweke group, which is being fronted by one Ngunjiri Wambugu, the flip-flopping Nyeri Town MP, his deputy, no doubt, has made it known that he is the de facto Tanga Tanga leader, a label he proudly carries.

The church lent itself as a perfect scene on a Sunday afternoon for the antagonists to outdo each other as they sought to prove to their respective masters that were ready and willing to wage a proxy battle on their behalf. As it will soon be evident, Murang’a County, sandwiched between Kiambu and Nyeri counties, is the very ground where the battle for the much-coveted Kikuyu electorate will be viciously fought.

If the Kieleweke group has smelt dissent and infiltration of enemies in what they consider to be their unrivalled turf, the Tanga Tanga group, in its roving mission, has stumbled upon a restless electorate, anxious and willing to be wooed by a ready suitor. The electorate has sniffed a one-time opportunity to prove (to its sister counties) that it too can also ascend to the highest echelons of political power and it should not be taken for granted.

The Kieleweke group, this time led by nominated MP Maina Kamanda – a man who now carries the label KYM (kanda ya moko, Kikuyu for a hatchet man) – “sneaked” into Kiharu constituency, an unacceptable political tourism into another MP’s territory without his prior notice. As Uhuru’s man on the ground, he had carried Sh1 million to be donated to the church on behalf of the president. Getting whiff of Kamanda’s meandering into his constituency, Ndindi Nyoro, the greenhorn Kiharu MP, who today is described as the “Murkomen” of Central Kenya, burst into the church to let Kamanda know that he was the sheriff in town and that others could not appear in his turf without his prior knowledge and permission.

“The ensuing kerfuffle between Nyoro and the elderly Kamanda inside the church was, as unfortunate, the proxy battles being fought elsewhere in the country by the Jubilee factional wings,” said a Mt Kenya politician who has known Kamanda for well over three decades. “We were with Kamanda in the opposition politics in the 1990s and one time I and another Central Kenya MP went to bail him out in Embu town after former President Daniel arap Moi ordered that he be locked in a police cell for his utterances.”

If the Kieleweke group has smelt dissent and infiltration of enemies in what they consider to be their unrivalled turf, the Tanga Tanga group, in its roving mission, has stumbled upon a restless electorate, anxious and willing to be wooed by a ready suitor.

The politician told me he has been calling Kamanda’s mobile phone number to no avail. “He has refused to pick my call…just as well…because I wanted to tell him that the September 8 ugly scene was beneath him. As a senior politician, he should have known better than to engage in such like shenanigans.”

But the Mt Kenya politician reserved the harshest barbs for both the Catholic Church’s leadership and the parish priest, Fr John Kibuuru. “That priest is a vagabond. For him to have allowed the politicians to desecrate the offertory was a cardinal sin to, especially us Catholics. The offertory is where we go to offer our supplications, it is a sacrosanct place – how dare he let vagabonds like him defile the holy sanctuary?”

The politician, a staunch Catholic known for his morning mass and an unfailing Sunday service attendance wherever he is, reminded me: “I have never conducted my politics inside the precincts of the church for all the 30-something years I have been in politics. The Church can bare me out…you can bare me out. If and when I want to meet the electorate, who form part of the congregation, I ask it we meet outside the church, after the priest is done with the mass. I’ve always respected the sanctity of the church.”

It was useless for Bishop John (Maria) Wainaina, of Murang’a diocese who also oversees the Kirinyaga diocese to issue a belated decree the day after, ordering politicians to keep off the church’s sanctum, said the politician. “The pulpit should not, at all times, be a place for politicians to address the electorate – the politicians have their forums to do that – and the church’s rostrum is not one of them.” The politician accused Fr Kibuuru of being partisan on the current succession politics and for letting himself be dined and wined by politicians.

“For my church, I’m sorry to say it has lost its direction: the clergy is no longer the light of the laity. For that ugly scene to have taken place in a Catholic church shows you just how lowly the Catholic church leadership in Kenya has sunk. Priests nowadays do what they feel like doing. The bishops cannot reign in on the priests because they themselves are no better.”

He added that the Catholic Church has been infiltrated by ethnic baronial politics, which has chosen to serve the interests of political power brokers. The politician said the church in general, in Kenya has ceded ground to the politician because of greed for money and power.

Gitui Catholic Church is on your way to Kangema and some of the congregants told me that Kamanda’s coming to Kiharu without notifying Nyoro was disrespectful and uncalled for. “Kamanda should know we have an MP whom we elected ourselves, he shouldn’t stomp here like it’s his area, Nyoro is young, but he is ours.” The Kiharu residents let it be known to me that “after all, Kamanda is not from here, he is from Nyandarua, if he wants to be elected, there is Nyandarua for him if Nairobi has become too hot for him to handle.”

The 36-year-old excitable Ndindi Nyoro has been riding on the crest of a popular wave since that hullabaloo with Kamanda. His electorate right now think of him as a local hero for standing up to Kamanda and for expressing his political stand – which at the moment gels with the electorate: dissatisfaction with President Uhuru’s disastrous politics.

Ndindi’s Kiambugi Mixed Secondary schoolmates remember him as a feisty young man who dreamt of one day being an important (wealthy) man. A relative of Ngenye Kariuki, Ngenye refers to Nyoro as his grandson. He campaigned for Ngenye in 1997 when he run for the same Kiharu seat, as a student. “He was very active, organising for Ngenye’s supporters to be ferried in trucks to his rallies and exclusive meetings,” said one of his schoolmates. Ngenye won the seat on a Safina ticket and Ndindi four years later transitioned to Kenyatta University. Kiambugi Mixed Secondary School later on was transformed into a boys’ only high school.

Between 2013 and 2017, Ndindi Nyoro, served as the Constituency Development Fund (CDF) manager for Kiharu under Irungu Kangata. When Kangata decided to go for the senator seat, there was understandably a mutual agreement between them that Nyoro should “take over” from Kangata. Today, Nyoro has publicly identified his politics with those of Deputy President William Ruto, claiming that he is the best suited to “take over” from President Uhuru who is serving his last second term. His Kiharu constituents seem to largely agree with him…for now.

The Matiba factor

Kiharu constituency is famous for being at one time represented by the irrepressible Kenneth Stanley Njindo Matiba, the rambunctious politician who was detained by President Moi in 1990 and never recovered from his stroke till his death in April 2018. Matiba still evokes nostalgic emotions from Murang’a residents, who still view him as the president they never had. It is a “grudge” they carry against their cousins from both Kiambu and Nyeri counties, albeit surreptitiously.

The general election of November, 1979 called by a new President Moi, who had taken over from Mzee Jomo Kenyatta, who had died on August 22, 1978, saw an energetic, bold and young Matiba enter the race for Kiharu, then known as Mbiri, armed to the teeth with the latest statistical data on the constituency. Fresh from being the managing director of East African Breweries Limited (EABL), Matiba waged a political battle pitted against the “mighty” Gikonyo Kiano, which Kiano, until his death in April 2003, was never to recover from.

In an era when statistics as an effective campaign tool was unheard off, Matiba came to Mbiri with data that laid bare the geographical, socio-political and economic facts of the constituency: gender composition, household incomes, number of graduates, population density, the area’s topography, voting patterns, I mean…name it. With these facts, Matiba, with military precision, combed the length and breadth of Mbiri, and floored Gikonyo, the first post-independence Minister of Trade and Commerce, in a battle royal that is the stuff of political legends.

When the son of Njindo entered the presidential race in 1992, it was not the same Matiba who, more than a decade before, had entered constituency elective politics as a corporatist, dare-devil, intelligent and sharp man. Although the presidential race was won by the incumbent Moi, Murang’a people to date believe that Matiba won that election, in which he ran alongside Ford Kenya’s Jaramogi Oginga Odinga and the Democratic Party’s Mwai Kibaki.

However, it was Kibaki’s entering the presidential race in 1992 that still rankles the Murang’a folks: Had he not run, the Kikuyu vote would not have been split and, therefore, Matiba would easily have romped home, many of them believe. It is something they will not say loudly, but it is still a chip on their shoulder after all these years.

Kiharu constituency is famous for being at one time represented by the irrepressible Kenneth Stanley Njindo Matiba, the rambunctious politician who was detained by President Moi in 1990 and never recovered from his stroke till his death in April 2018. Matiba still evokes nostalgic emotions from Murang’a residents, who still view him as the president they never had.

“The people of Murang’a County break no bones when they insist they have supported both Kiambu and Nyeri people to ascend to the presidency. But those same people have yet to reciprocate the gesture,” said a former Nairobi city councillor from Dagoretti. “This feeling of ‘abandonment and betrayal’ by their cousins, was aggravated in 2017, when the Murang’a moguls ceded control of Nairobi to a ‘lay about and nonentity’ through Uhuru’s carelessness and cowardly politics.”

The former councillor, who keeps tabs with the Rwathia Group, the influential and richest group of Kikuyu men who since independence have controlled the business and politics of Nairobi city, said the moguls seethe with anger against President Uhuru for the loss of the Nairobi County governor’s seat to Mike Mbuvi Sonko in 2017. “That is all we had asked from Uhuru, to allow us to have Nairobi, but even that he could not deliver,” confided the moguls to my councillor friend.

“The Murang’a people have smelt an opportunity and they are ready to seize it,” said the former councillor. “Uhuru is not going to be a factor insofar as 2022 succession politics are concerned: no Kikuyu voter, much less the political elite, is going to listen to him – he has done his call of duty and as it is, they are not amused with his performance,” the former councillor said.

The Raila factor

The anger against President Uhuru among the Kikuyu electorate makes Ruto seem like the only viable alternative. “It is going to take a near miracle for President Uhuru to persuade the Kikuyus to listen to him. The Kikuyu rebellion against the Kenyatta Family this time is real.”

The Kikuyus are plotting to vote for William Ruto as a protest vote and teach President Uhuru a lesson, said one of the richest magnates in Murang’a. “Raila will never rule this country. If Uhuru thinks we will be swayed by his belated shaking of hands with that ‘mad man’, he has another thing coming. Uhuru has overseen the systematic destruction of the Kikuyu economy – he was supposed to protect it, instead, what has he done? He has presided over its deliberate collapse. Is that not why he is sending Kamanda to us? Because he cannot dare venture into Central Kenya or anywhere near Mt Kenya region?”

The Murangá magnate said, “The Kikuyu people will frustrate Raila’s presidential efforts until he grows so old that he will not have the stamina to run. We are waiting for that Uhuru to come and tell us about the handshake. We will tell him our minds.” If by supporting Ruto, the Murangá people can attempt a stab at the presidency so be it, said the tycoon. He said that President Uhuru spent half of his presidential campaigns demonising Raila, so much so that, to now point the Kikuyu people to his direction is to really mock them. “Has Uhuru come back to the Kikuyu people to undo the damage?” he asked.

The many forays by Deputy President Ruto’s team into the heartland of the Kikuyu domain is because he has established that the people are divided and are not speaking in one voice, said a one-time senior civil servant from the Mt Kenya region. “He knows the President’s core constituency is bitter with him and because he [Uhuru] is unsure of their retribution against him, he has dilly-dallied going home. So the DP has taken advantage of this lacuna to make inroads into the region and is consistently preaching a message that entrenches their hatred for Raila Odinga.”

A poll survey conducted recently by a professional research group showed that if presidential elections were to be held today, William Ruto would win by 45 per cent countrywide, and in the Mt Kenya region, he would garner a very strong support. The poll’s sample size, significantly larger than the usual 3000 people, was picked across the 47 counties. The somewhat surprising poll results dissuaded the firm from publishing its findings and making them public. Ruto is considered an incumbent, and therefore a frontrunner, and the only person who has explicitly said he would be gunning for the presidency come 2022. His is not only a brand name, but he has name recognition across the country.

To tame the deputy’s presidential ambitions and to curtail his perceived inroads into Central Kenya and the larger Mt Kenya region, his political nemeses in the Jubilee Party have been making his interlocutors lives’ in the region, difficult.

The Kikuyus are plotting to vote for William Ruto as a protest vote and teach President Uhuru a lesson, said one of the richest magnates in Murang’a. “Raila will never rule this country. If Uhuru thinks we will be swayed by his belated shaking of hands with that ‘mad man’, he has another thing coming…”

“The hauling of the Kiambu governor to court and making him spend some days in police cells over corruption charges is part of the handshake’s efforts to throttle the DP’s penetration of the area,” said the former senior civil servant. “When he was thrown into custody at the Industrial Police Station cells, Ferdinand Waititu (Kiambu Governor) was visited at night by a Jubilee Party mandarin allied to President Uhuru’s wing who mocked him by telling him ‘to now call the DP’ to bail him out.” The mandarin allegedly warned Waititu that he was going to pay for his cavorting with the Deputy President.

Governor Waititu apparently is not the first Central Kenya politician to be “punished” by the “handshake team” for not toeing the line: “The first to be tamed was the deleterious Gatundu South MP Moses Kuria, who immediately after the swearing-in of President Uhuru Kenyatta for his second term in November 2017, was seen as Ruto’s point man in Central Kenya. He was slapped with an unpaid tax accumulated over the years that effectively cooled his heels,” said the former senior civil servant.

Yet, according to the senior civil servant, it was Governor Ann Mumbi Waiganjo, formerly known as Ann Waiguru, who had to be quickly nipped in the bud because she was thought to be running ahead of herself. Immediately after being confirmed as the Governor of Kirinyaga, after a protracted court battle filed by her opponent, former Gichugu MP and 2013 presidential contender, Martha Wangari Karua, it is alleged that Governor Ann Mumbi Waiganjo went around telling and whispering to anybody who cared to listen that she was primed to be Deputy President William Ruto’s running mate come 2022.

“The Kirinyaga governor was therefore seen as a possible and viable teammate of Ruto in his search for a deputy from the all-important Mt Kenya region,” said the former civil servant. “To stop forthwith that talk that apparently was interpreted as rallying the larger Mt Kenya region in the direction of the Deputy President’s team 2022, the governor was aptly reminded of the National Youth Service (NYS) mega scandal that took place in 2016 when Ann Waiguru was the Cabinet Secretary for Devolution.”

The sudden change of tune by the Kirinyaga governor is not out of step, said my source: “That today she is singing the ‘handshake tune’ is not as a result of a Damascus moment, the realisation that after all, it isn’t a good idea to be a deputy president of Kenya. It is the flexing of power of the opposing sides within the Jubilee Party at play.”

Since her change of tune regarding local and national politics, the governor has had to face the wrath of some of her constituents: Last month, when she went to open a market in Kagumo town, she was jeered by a mob that she claimed was paid to do so. Paid to do so, because it told her off over her support of “the handshake” and the Building Bridges Initiative (BBI).

Kagumo town in Kirinyaga Central constituency is the hotbed of Kirinyaga County politics. And this is not the first time the governor was being chased away from Kagumo: When she was campaigning for the governor’s seat, she was also one time ferreted out of the town. It took the intervention of Purity Wangui Ngirici, then campaigning for the Women Representative seat, to help her navigate around Kirinyaga County.

“It is Ngirici who held Ann’s hand in a manner of speaking and showed her the ropes in Kirinyaga,” said one of Karua’s chief campaigners. “Waiguru didn’t know the nooks and crannies of the county – it was Ngirici who showed her around. Remember Ngirici was always a William Ruto person: the helicopter she was campaigning in – which was emblazoned with her name Wangui – was lent to her by Ruto.” Purity Wangui Ngirici hails from one of the two most powerful families in Mwea: Mbari ya Douglas, (the clan of Douglas) and Mbari ya Mkombozi (the clan of the saviour). She is married to Ngirici, who is the son of the late spy master James Kanyotu.

Ngirici, who is in her late 40s, is the Women’s Rep, but by and large she controls the politics of Kirinyaga: three-quarters of all the elected MCAs owe allegiance to her. To checkmate her, the governor equally nominated her loyalist MCAs to counterbalance Ngirici’s force. Ngirici has trashed the handshake and has been telling the Kirinyaga electorate that the BBI’s motive is to unload Raila onto them by creating additional executive positions.

In Ngirici, Ruto has a powerful ally in the county. It is, therefore, not improbable to imagine where Ngirici’s politics are headed: in 2022 Ann Mumbi Waiganjo will have a worthy opponent for the governor’s seat. And if all factors remain the same, it is also not too difficult to imagine whose drumbeats she will be beating: William Ruto’s.

On the peripheries of Mt Kenya region, other Ruto allies include the Kikuyu MP Kimani Ichungwá, Kandara MP Alice Wahome, Kiharu MP Ndindi Nyoro and Bahati MP Kimani Ngunjiri. “These are relatively young MPs (of course apart from Kimani) in age and politics. They are pragmatic enough to know where their political bread is buttered; not with Uhuru, but with Ruto…so it’s nothing personal,” said a Jubilee Party politician from Mt Kenya.

In an area where 70 per cent of the incumbent MPs are thrown out every five years, these MPs are closely reading the signs on the wall – and the signs on the wall currently in the Mt Kenya region are that William Ruto is the man to beat.

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Will the New Competency-Based Curriculum Lead to Declining Educational Standards in Kenya?

8 min read. The newly rolled-out education system will not live up to the aim of transforming education in Kenya. Collective efforts are, therefore, needed to save Kenya’s education system from vested business interests and international agencies with hidden agendas.

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Will the New Competency-Based Curriculum Lead to Declining Educational Standards in Kenya?
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Research findings recently released by the Kenya National Union of Teachers (KNUT) show that Kenyan schools are woefully unprepared to implement the Competency-Based Curriculum (CBC) that is set to replace the so-called 8-4-4 system. The report comes at a time when the country is grappling with issues of curriculum review and the reform process, teacher training and recruitment, the formulation and implementation of a national education policy and the implementation of CBC. The research, conducted by KNUT, looked into issues of teacher preparedness, the availability and adequacy of teaching materials, the level of engagement between teachers and parents, as well as the challenges faced by head teachers and teaching staff in implementing CBC.

KNUT concludes that the implementation of CBC has been hurriedly undertaken while the majority of teachers have not been sufficiently trained in CBC content and teaching methods. It adds that most pre-primary teachers, as well as those for grades one to three have not received any training whatsoever while those that did attend training workshops were inadequately trained by trainers and facilitators who were themselves incompetent in the delivery of the CBC approach.

The research also found that the training sessions were poorly conducted and that their effectiveness fell well below expectations, hindering the ability of teachers to design, assess, and evaluate the delivery of lessons and learners’ outcomes. The report also notes that the resources and infrastructure required for learning, assessment and capacity-building in the CBC approach—which are completely different from those in use in the current system—are non-existent or inadequate at best. Parents and other stakeholders have not been involved in the reform process nor have public awareness campaigns been conducted following the roll-out of CBC.

The CBC system and design

Formal education was introduced in Kenya during the British colonial era and between 1964 and 1985 the education cycle comprised seven years of primary school, four years of secondary school, two years of high school, and three years of university education. The 8-4-4 system of education—eight years of primary school, four years of secondary school and four years of university education—was introduced in January 1985 to address concerns that the basic education previously provided lacked the necessary content to promote widespread sustainable self-employment.

The Kenyan primary school curriculum is approved for all public schools and most private schools—with the exception of international schools, which usually offer the British or American curriculum. The subjects studied at the primary level are English, Kiswahili, Mathematics, Science, Social Studies, Religious Education, Creative Arts, Physical Education and Life Skills. Pupils take a national examination at the end of the primary cycle with the results of the Kenya Certificate of Primary Education (KCPE) determining placement in secondary school.

In a major departure from the 8-4-4 system, the proposed CBC system was launched in 2017 and is designed to comprise two years of pre-primary education, six years of primary education, three years of junior secondary education, three years of senior secondary education and three years of university.

The Kenyan CBC is designed with the objective that at the end of each learning cycle every learner will be competent in the following seven core competency areas: communication and collaboration; critical thinking and problem-solving; imagination and creativity; citizenship; learning to learn; self-efficacy; and digital literacy.

CBC places emphasis on competence development rather than on the acquisition of content knowledge. This effectively means that the teaching and learning process has to change its orientation from rote memorisation of content to the acquisition of skills and competencies useful for solving real-life problems. Teaching methods include role-play, problem-solving, projects, case studies, and study visits, among other learner-centred strategies, and the teacher is expected to switch from the role of an expert to that of a facilitator who guides the learning process. Learners are expected to take responsibility for their own learning through direct exploration and experience while their teachers are expected to design effective learning activities geared towards the development of specific competencies.

Moreover, the revised curriculum requires teachers to frequently assess their students using assessment methods, such as portfolios, classroom or field observation, projects, oral presentations, self-assessments, interviews and peer assessments. Teachers are also required to change from a norm-referenced to a criterion-referenced judgment of learners’ capabilities or competencies to determine their progress. Finally, teachers are supposed to provide continuous, timely and constructive feedback to inform their students about the strengths and weaknesses of their performance since instruction and learning are reviewed and modified based on the feedback.

CBC places emphasis on competence development rather than on the acquisition of content knowledge. This effectively means that the teaching and learning process has to change its orientation from rote memorisation of content to the acquisition of skills and competencies useful for solving real-life problems.

It is clear, therefore, that the introduction of CBC in Kenyan schools calls for a comprehensive change in the instructional approach in terms of teaching, learning and assessment, and this requires changes in teacher training programmes in order to equip teachers (both pre-service and in-service) with the competencies that will enable them to effectively handle the challenges associated with CBC implementation in schools.

However, Kenya initiated the implementation of the Competency-Based Curriculum in 2017 in the absence of any research-based evidence on the effectiveness of the new system. Despite the challenges and shortcomings identified by the internal and external evaluations of the pilot study on CBC implementation, the government went ahead with the national roll-out of CBC in January 2019.

Prior to its adoption and roll-out, no comprehensive survey of international best practices was conducted and nor was there any research to support the argument that the CBC framework is more effective than the current learning outcomes-based curriculum framework. The needs assessment was not properly conducted. The summative evaluation, which was conducted in 2009, cannot be the basis for reforming the curriculum in 2018. The entire process was dominated by foreign consultants with no experience in curriculum reform in Kenya. The involvement of teachers, university lecturers, and prominent local experts was minimal.

Moreover, an illegality was committed at the time of rolling out CBC for pre-primary and Standards One to Three as there was no Sessional Paper to guide the process and, furthermore, no review of the existing education system had been undertaken by an Education Commission prior to the roll-out. Pilot testing of the curriculum was hurriedly done over a few short months and without appropriate syllabus or pupils’ books and teachers’ guides.

It must also be pointed out that the introduction of technical and vocational courses in the school curriculum is a serious mistake as the purpose of basic education is not to train students but to make them trainable. Empirical studies show that competency-based models are mainly applicable to vocational education and training due to the emphasis placed on standards of competence in occupational sectors. Competence is the possession and demonstration of knowledge, understanding, skills, attitudes and behaviour required to perform a given task to a described standard. The concept is therefore more useful in vocational education since the emphasis is on the ability of the student to perform a set of related tasks with a high degree of skills, and a particular competency can be broken down into its component parts through task analysis.

Prior to its adoption and roll-out, no comprehensive survey of international best practices was conducted and nor was there any research to support the argument that the CBC framework is more effective than the current learning outcomes-based curriculum framework.

The adoption of CBC in Kenya—as in some other African countries, such as Botswana, Senegal and South Africa—may be explained in part by the current tendency of some international agencies to favour such pedagogies. In most of the countries concerned, however, attempts to institutionalise child-centred pedagogy in schools and teacher-training institutions have been inconclusive and, indeed, no country in the world has successfully implemented CBC. It is therefore a disturbing development that the member countries of the East African Community have—according to Sessional Paper No. 14 of 2012—adopted a common policy of harmonising education systems and training curricula that will shift focus from the standard curriculum design to the CBC and assessment approach.

Tanzania introduced CBC in secondary schools in 2005 and in primary education in 2006. Back in 2001 the Ministry of Education and Culture had asked for education to be treated as a strategic agent in the creation of a well-educated nation. The ministry anticipated developing an education system that would enable Tanzanians to be sufficiently equipped with the knowledge needed to competently and competitively solve the development challenges facing the nation.

However, a 2012 study on the implementation of the competency-based teaching in schools in Tanzania established that CBC had not been well implemented and more efforts needed to be devoted to the development of tutors’ and principals’ understanding of the CBC approach. Other studies conducted to assess CBC implementation in Tanzania have confirmed that there is very minimal use of the CBC teaching approach in schools and that more than 80 per cent of the teachers lack a proper understanding of the approach and continue to use traditional knowledge-based teaching and learning methods, with assessment methods remaining the same as those used in assessing knowledge-based teaching and learning, while the teaching approach continues to be teacher-centred.

Hidden agendas

The role of education in the development process cannot be over-emphasised. There is substantial empirical evidence of the crucial role of education in poverty reduction, human development, job prospects for individuals and the broader social-economic development of nations. In other words, education plays a key role in the transformation of societies. Unfortunately, the impact of education in sub-Saharan African countries has been minimised because African countries have often been put under pressure to adopt unrealistic reforms by a small number of nameless and faceless experts working in international organisations, such as the United Nations Educational, Scientific and Cultural Organisation (UNESCO), the United Nations Population Fund (UNFPA), the United Nations International Children’s Fund (UNICEF), the International Monetary Fund (IMF), and the World Bank, who have a hidden agenda and normally exert their influence indirectly from behind the scenes.

Curriculum reform is necessary if we want to improve the quality of education in Kenya. However, curriculum reform should be based on the needs of learners and society and on best international practices and standards. It is an orderly, planned sequence in which curriculum specialists, teachers, university lecturers who have undertaken advanced academic studies in curriculum development and other local education experts—including the Ministry of Education professional staff who have extensive experience in curriculum development, implementation and evaluation—assist in conducting a needs assessment identifying a problem, finding a solution, conceptualising the required curriculum, planning and designing a reformed curriculum, pilot-testing the revised curriculum on a small scale, then implementing it nationally.

Unfortunately, the views of the Ministry of Education and the team of local consultants and foreign experts have tended to dominate decisions about the ongoing curriculum reform process. The prominent role of UNICEF—and not UNESCO—in the reform process raises fundamental questions about the agenda of the donor.

Curriculum reform is an improvement or change of the curriculum for the better. It involves the development and utilisation of the curriculum in new and unique ways that will enhance the attainment of higher levels of achievement for students. Curriculum reform is mainly concerned with changes in the content and organisation of what is taught. Many people and organisations, including teachers’ unions, professional bodies, religious organisations, students, teachers, curriculum specialists, quality assurance and standards officers, educational administrators and community leaders concerned with matters of education often seek to bring reforms to the school curriculum.

Curriculum reform is necessary if we want to improve the quality of education in Kenya. However, curriculum reform should be based on the needs of learners and society and on best international practices and standards.

In most African countries—and Kenya is no exception—curriculum developers are the gatekeepers who critically assess the different proposals for curriculum reform and make recommendations for the changes to be made to subject panels and academic boards. The authority for the decision to change the curriculum rests with the Academic Boards of Curriculum Development. Many educators, including those from Kenya, are now rejecting the externally-driven approach to education reform. They propose instead an interactive and participatory approach which involves—and begins with—an evaluation by classroom teachers and district education personnel. This ensures that the views of the people closest to the process of teaching and learning are taken into account.

Based on the findings of the research conducted by KNUT, it is fair to conclude that the implementation of CBC has not lived up to the aim of transforming education in Kenya. Collective efforts are, therefore, needed to save Kenya’s education system not only from vested business interests and local cartels, but also from international agencies and non-governmental organisations with hidden agendas. The Ministry of Education should commission highly educated and experienced curriculum developers and evaluators to produce a high-quality curriculum which is relevant to the Kenyan child and to the needs of the country.

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