The country has just gone through a population census conducted by the Kenya National Bureau of Statistics (KNBS) that was conducted in the last week of August 2019. The results of that census are yet to be analysed, but in 2009, the census found that more than 80 per cent of Kenyans identified themselves as Christians. The same proportion of Kenyans also indicated that faith was a central cog in their everyday life, that faith and prayers, not only ruled their daily lives, but also influenced their decisions and shaped their moral values.
In Kenya, as indeed is the case elsewhere in Africa, religious leaders enjoy high levels of public trust and respect, more than politicians, government bureaucrats, judges, magistrates, and even corporate leaders. This is not the case in the developed countries of the West especially (except in America) where religion is considered a private affair.
In the 1970s, through to the 1980s, till the beginning of this millennium, a crop of religious leaders in Kenya identified themselves as the “conscience of the nation” and the “moral voice of the voiceless”. They were regarded by the public as the “epitome of integrity”. Dubbed as “firebrands”, religious leaders, such as Bishop John Henry Okullu, at one time the provost of All Saints Cathedral in Nairobi, Bishop Alexander Muge, the soldier-turned-cleric, Archbishop David Gitari, all from the Anglican Church, plus Timothy Njoya of the Presbyterian Church of East Africa (PCEA) and Archbishop Ndingi Mwana ‘a Zeki of the Catholic Church, who served for long as the archbishop in Nakuru diocese, not only spoke truth to power, but also held to account former dictator President Daniel arap Moi and the ruling Kanu party hawks.
These architects of social justice condemned rampant institutional state corruption, abuse of human rights, the instigators of ethnic land clashes and faced Moi and Kanu’s monolithic one-party rule head-on, without fear. The constant harassment and death of some of these icons of democracy and pillars of social justice coincided with the explosion of evangelical/Pentecostal Christianity in the country. This type of Christianity prides itself in the democratisation of charisma, in which any charlatan, without any theological education or training whatsoever, simply emerges, starts a one-man church, ordains himself and thereafter, creates a business empire run solely by his family members.
This calibre of evangelical/Pentecostal leaders usually frown upon theological training and are impervious to any institutional systems of control because they would like to remain accountable only to themselves. This is not to state that there is indeed evangelical/Pentecostal clergy that is composed of men and women of integrity.
Social scientists theorise that this kind of behaviour by some of these religious charlatans is encouraged by the moral decadence of the political class and a corrupt state. The Kenyan state, as currently constituted, is characterised by wanton corruption, theft of public coffers, exclusion of minorities and certain regions of the country, rampant tribalism in the government, all of which have impoverished the masses and left them extremely vulnerable to these religious charlatans who have spawned a multi-million shilling industry.
Kenyan politicians are some of the highest paid public servants in the world, whose sole concern, it seems, is self-aggrandisement and primitive accumulation of riches. It is no wonder that religious leaders seem to gain trust in situations where the population is highly susceptible to political and socio-economic vulnerabilities. This, today, is the stark reality of many Kenyans. Unemployment is rife among the youth, the healthcare facilities across the country are wanting and cancer, among other life-threatening diseases, are claiming scores of Kenyans, while the government has yet to come up with effective policies that can mitigate these problems.
In situations like this, people become desperate and look to supernatural powers to find meaning and solace, hoping for divine answers to their pain and frustrations. Research in the global South points to similar scenarios, especially in Latin America where evangelical creed has been spreading like the Amazon forest fires that have been wreaking havoc in Brazil and Bolivia in the past several weeks.
SAPs and the proliferation of Pentecostal Christianity
The infamous structural adjustments programmes (SAPs) of the late 1970s and 1980s led to the collapse of social infrastructure, particularly in the education and health sectors, which put tremendous strain on public service delivery. The impact of SAPs was felt across the African continent. It also, in a manner of speaking, heralded the proliferation of evangelical/Pentecostal and charismatic churches that many politico-economy observers have directly linked to the SAPs crisis. Impoverished by the debilitating effects of SAPs, many Kenyans and Africans in general turned to the deliverance and faith healing ministries to cater for their daily existential problems and to dull their socio-economic sufferings.
Kenyan politicians are some of the highest paid public servants in the world, whose sole concern, it seems, is self-aggrandisement and primitive accumulation of riches. It is no wonder that religious leaders seem to gain trust in situations where the population is highly susceptible to political and socio-economic vulnerabilities.
Since then, Pentecostalism has become a thriving business and the shortest route to wealth accumulation and influence in a continent teeming with a population explosion, environmental degradation, climate change, ethnic conflicts and internecine wars, disease, massive unemployment and grinding poverty.
Evangelical pastors turned to employing all manner of tricks and techniques to exhort money from their gullible flock. They built costly magnificent churches, bought luxurious cars and houses, and generally continue to live opulent lives while their church members languish and wallow in grim poverty, misery and squalor.
The pastors tell the faithful to give money to God so that God can bless them in return. They dupe the flock by telling them that divine favours come to those who pay their tithes and offerings regularly. Often, they use the biblical injunctions such as “givers never lack” to squeeze money out of people. Pentecostal pastors also claim to have healing powers that can make the deaf hear, the blind see and the lame walk. Self-styled archbishop Gilbert Deya (of the babies’ disappearance scam saga) has been one such pastor.
In a continent with crippled medical facilities, often plagued by lack of medicine and medical equipment, claims of divine healing and miracles by some of the duplicitous evangelical/Pentecostal ministers have abounded, with disastrous effects. These pastors have always preyed on the impoverished masses that cannot afford proper medical care. They take advantage of the broken healthcare system and the helplessness of poor people. They offer ineffective prayers and supposed healing crusades to enrich themselves. The healthcare crisis in Africa has bred desperation and fomented the desire for miracles, faith healing and deliverance sessions in the hope of getting cured.
At prayer healing services in some Pentecostal churches, pastors invite people infected with HIV/AIDS to the pulpit for public healing prayers. After the dramatic prayers, the infected people are asked to throw away their antiretroviral medications and consider themselves healed.
The presumed healing prayers of the pastors are not free, and many desperate people spend a fortune paying for those prayers. These prayers continue to be administered, even as the believers’ conditions worsen and some eventually die. Desperation, stigma, family rejection and fear of witchcraft drives people into a never-ending search for miracles and cure from healing crusades and prayer rallies.
Moral failure of leadership
The growing rise of political influence and power among the Pentecostals has made them almost untouchable. Many have weaved their way into politics, becoming political influencers who shape debates and drive policy. Hence, anybody critical of the Pentecostal pastors is faced with their wrath, resistance, and condemnation from their enthusiastic members who are in government and politics.
When the former Attorney General Prof Githu Mugai published a proposed regulatory framework to control rogue clergy and religious organisations in Kenya, certain politicians, both from the ruling Jubilee party and the opposition, claimed that the government wanted to muzzle freedom of worship. The Religious Societies Rule published by the Attorney General Office in 2016 required, among other things, religious bodies to have a constitution that explicitly showed their doctrinal belief. It also required these bodies to be registered by the government, to be open to scrutiny, and above all, that pastors to have as a minimum a theology certificate from a credible and recognised institution of higher learning. Yet, the truth of the matter is that many Kenyans are still opposed and reluctant to see religious bodies regulated by the government, their public outcry about the pastors’ waywardness notwithstanding.
At prayer healing services in some Pentecostal churches, pastors invite people infected with HIV/AIDS to the pulpit for public healing prayers. After the dramatic prayers, the infected people are asked to throw away their antiretroviral medications and consider themselves healed.
The question of the day then has always been: are our Christians that gullible or are they just desperate? There is no doubt that many Christians are searching for a moral vocabulary when grappling with social and economic hard times. This is what makes them gullible. For many, church is a space to be in community with one another – a space for healing – both emotional and physically. It is a space for spiritual fellowship, for easing pain and negotiating identities and relationships. Peoples’ involvement in these type of churches cannot be exactly pinned on any particular issues. Instead, it is a function of a complexity of issues that are not just spiritual, but that are also personal and communal. During times of crisis, people turn to the church to be in community.
In many parts of Africa, the majority of the people are perpetually living in moments of one crisis after another. They feel lost, alone and in need of moral guidance. They look up to their clergy to provide a moral universe and leadership and space for healing. Indubitably, some rogue clergy have taken advantage of this perilous situation to speak the language that the gullible Christian wants to hear.
It is a challenge that many African governments grapple with every day. In 2004, the Nigerian Broadcasting Commission (NBC) banned the broadcasting of “miracles” on national television. Faith healing happens to be the greatest threat to scientific medical advancement and healthcare delivery in Africa. President Paul Kagame of Rwanda deregistered nearly 8,000 churches and demanded that the clergy get theological education before they open a church.
The greatest threat of Pentecostalism is its unregulated clergy and the moral failure of its leadership. Although other Christian denominations also suffer from this moral crisis, Pentecostalism seems to have been affected the most. Deeply embedded within the Pentecostalism’s ethos is a personality cult. Evangelical charismatic leaders are often virtually worshipped by many of their followers. Averse to proper theological education, they instead claim to have the power of the Holy Spirit as their sole teacher. Oftentimes, supported by their fanatical followers, these leaders, become small gods who cannot be questioned. In a “Christian” country like Kenya, these type of church leaders become very powerful and attractive to influential political elites.
In 2004, the Nigerian Broadcasting Commission (NBC) banned the broadcasting of “miracles” on national television. Faith healing happens to be the greatest threat to scientific medical advancement and healthcare delivery in Africa.
It is this power and godlike behaviour that leads many of the Pentecostal pastors to deal with the churches’ coffers as their personal money and church properties as their family business. While there are Pentecostal churches, such as Christ Is The Answer Ministries (CITAM), that have instituted structures and policies to handle cases of financial and pastoral misconduct, ineptitude and impropriety, many of these “personalised” evangelical churches find it hard to work within systems.
In Kenya, evangelical/Pentecostal and charismatic churches are under the Evangelical Alliance of Kenya (EAK), but it is not clear whether they have a system of checks and balances to regulate their churches. To the best of my knowledge, there is no body that regulates the so-called independent churches in Kenya and their ministers. A favourite Bible verse favoured by these pastors that says, “touch not my anointed” (Psalms 105:15) is always flashed by these ministers to fend off and stifle criticism of any kind.
Pastors Kanyari and Ng’ang’a are a power unto themselves. Many well-meaning Christians have decried such rogue religious leaders in Kenya, prompting observers to ask if religion is indeed the bane of Kenyan society. This is because of their recklessness, waywardness, lack of moral rectitude and their nefarious activities, not to mention the source of their wealth, which they always flaunt with abandon.
Kenya and Nigeria, comprise some of the most highly religious societies in Africa, but they are at the same time two of the most corrupt countries in Africa, if not in the world, according to Transparency International (TI)’s Corruption Perceptions Index. Since it was launched in 1995, Kenya has always been ranked in the bottom half of the countries surveyed – a paradox but one that we have to contend with.
The same is the case with South Africa, Uganda and Zimbabwe. An authentic church leadership has been always critical in fighting political and socio-economic ills in society. Yet, once it is co-opted by the state, it ceases to identify itself with the people and their societal struggles and finds itself silent in the face of wanton corruption perpetrated by the state’s aficionados.
The making of cult leaders
Ever since he burst into the public limelight in 2004, Prophet Owuor of the Repentance and Holiness ministry travels like the President of Kenya, his “presidential-like” motorcade complete with sirens, chase cars and top-of-the-range fuel guzzlers. Meanwhile, his fanatical followers clean the roads he is passing on with soap and detergent. Never mind that his members have never engaged in a public drive to clean the environment, even as a religious corporate responsibility.
In fact, Owuor’s rallies leave heaps of garbage at crusade venues, where tree branches are cut in celebration of purported miracles performed by the “Lord of the mightiest…mightiest of prophets,” of Yehovah, as Owuor is referred to by his followers. He is always received on a red carpet and his podium is decorated like that of a president, complete with a “presidential chair” called the “Lord’s Chair” that is always carried around wherever he goes. Prophet Owuor is clearly a man obsessed with temporal powers, even as he apparently flaunts his supposedly spiritual powers.
Ever since he burst into the public limelight in 2004, Prophet Owuor of the Repentance and Holiness ministry travels like the President of Kenya, his “presidential-like” motorcade complete with sirens, chase cars and top-of-the-range fuel guzzlers.
His retinue of security people (some of whom are believed to be from the disciplined forces) provide him with state-like security. A body count of his security detail revealed up to 24 armed men. Prophet Owuor’s religious high-handedness has led observers to wonder about the “securitisation of religion” and “religionisation of the state” in Kenya. His motorcade often causes a stir as ordinary motorists are forced off the road to make room for Kenya’s spiritual president.
The reasons for such overt displays of extravagance, opulence and power by these religious charlatans are ostensibly to pump up their egos and prove to ordinary mortals that they are extraordinary. This show of imagined “spiritual” power is obviously manufactured by people suffering from megalomania and a false sense of deep personal importance and self-love that implicitly suggests that they would like to be treated as demigods.
The tragedy of this crude display of raw power and ostentatious wealth is that it is all derived from manipulation, and very often through excessive and unsustainable debt. Followers who question the profligate lifestyle of Prophet Owuor have been known to be intimated and threatened with the curse of catching terminal ailments such as cancer and being involved in freak fatal car accidents.
The other cultish manifestation is the tendency towards the supernatural and the spectacular. The signs and wonders of “miracles” include healing, raising people from the dead, prophesying, and sharing of visions. Never mind that the majority of these miracles are frequently stage-managed using actors and actresses, psychological tools or modern technologies. Owuor has often circulated tens of images of him being transfigured, doubled and tripled. Similarly, he has circulated images of the sun clapping at him, the glory shining on him and other such theatrics. All these serve to attract and keep his members intact, and to maintain the hierarchical power structure. There is no mistaking that Owuor considers himself as the only “true” prophet.
His ministry was recently been embroiled in a sex scandal, in which his most trusted lieutenant and right-hand man was accused by several church women of cunningly sleeping with them. The women described Owuor’s acolyte and bishop of Kasarani area as a deceitful man who lured female worshippers to his house in Nairobi, oftentimes in the ungodly dark hours, to have carnal knowledge with them. The excuse he would use to entrap them was always prayers to cast out the demons that were hiding in their bodies. Why those demons needed to be chased away in the dead of the night and when the women were completely nude, only the bishop can explain. Until, the exposé in the last week of August 2019, the issue of sex pests within Owuor’s closely-knit inner circle was the worst kept secret.
The adoration and veneration of these so-called “men of God” is another distinguishing characteristic of cultism. The “Apostle,” “prophet” and “messiah”, is imaged as the chosen one, God’s messenger, the dispenser of blessings and curses, grace, health and even wealth. In the case of Owuor, he is the beholder of the golden keys to heaven, and he alone has the powers to bless people to eternity or lock them out completely. These spiritual elites also supposedly have one-to-one conversations with God, not once, but sometimes several times in a day. For Owuor, Jesus Christ actually comes down from his throne to lie and sleep on his feet.
In seeking to display their cult-like tendencies, these type of leaders catastrophically end up dividing and isolating church members from their family, friends and even their community. Some of the Prophet Owuor’s followers that I spoke to recounted harrowing experiences and heart-wrenching stories of isolation of members who were portrayed as evil and sinful. Stringent control of church women on what they should wear, how they should wear it and even how to comport themselves are some of the control measures that afflict Owuor’s followers. One time as he held his crusade in Nakuru, I asked one of his adherents why some men and women were wrapped in curtains and he told me, “They are not to engage in sexual intercourse before and during the crusade. The Prophet demands that they abstain from connubial activities until he is done with the crusade.” Some of Prophet Owuor’s members have resorted to not shaking hands with non-church members.
Owuor’s ministry has a long list of do’s and don’ts for his followers, which include among other things, what to wear, how to speak and who to speak to. This exclusionism of members in his church has generated tremendous interest from a bewildered public. Testimonies of families breaking up are common in the church.
Another tell-tale sign of a cultist movement is the craze about possessing high-sounding titles. Owuor has more titles than any other religious charlatan I know of. Yet, followers of such leaders, educated or not, are always awed by such grandiose titles. They always seem to be intrigued by religious power and sometimes some just want to have a new religious experience.
Prophet Owuor has attracted a significant number of academics, civil servants and professionals who legitimise his cult-like image. Apparently, they are attracted by their leader’s lofty education status. It is through such obeisance of deep faith and trust, a great need to belong, sincerity, spiritual manipulation and vulnerability and isolation that gives rise to this kind of spiritual abuse.
Rogue clergy and religious charlatans are increasingly becoming a national crisis in Kenya. There has been pressure from the public for the government to tame this wayward “Christian industry” by introducing stiff regulations. Yet, the question of the people’s apparent gullibility cannot be wished away.
Why is it that they do not seem to learn from past experiences of busted rogue pastors? The Kenya government is, therefore, caught in between protecting freedoms of expression and putting a stop to religious malevolence. The government regulating the religious organisations is one thing, it is another for these faith-based organisations to also put their houses in order and regulate themselves as well if they hope to reclaim their integrity and respect.
Support The Elephant.
The Elephant is helping to build a truly public platform, while producing consistent, quality investigations, opinions and analysis. The Elephant cannot survive and grow without your participation. Now, more than ever, it is vital for The Elephant to reach as many people as possible.
Your support helps protect The Elephant's independence and it means we can continue keeping the democratic space free, open and robust. Every contribution, however big or small, is so valuable for our collective future.
Is Somalia’s Quest for Membership of the EAC Premature?
Somalia must first ensure sustained progress in stability, infrastructure development, governance, and economic growth before considering full membership of the East African Community.
The current members of the East African Community (EAC) are Tanzania, Kenya, Uganda, Rwanda, Burundi, and South Sudan. The Somali Federal Government, under the leadership of Hassan Sheikh Mohamud, has expressed a strong interest in joining the EAC, sparking questions among Somali citizens as to whether the country is ready to join such a large and complex regional bloc.
During President Hassan Sheikh Mohamud initiated Somalia’s pursuit of EAC membership during his previous term as a president from 2012 to 2017. However, little progress was made during his first term and, following his re-election, President Hassan reignited his pursuit of EAC membership without consulting essential stakeholders such as the parliament, the opposition, and civil society. This unilateral decision has raised doubts about the president’s dedication to establishing a government based on consensus. Moreover, his decision to pursue EAC membership has evoked mixed responses within Somalia. While some Somalis perceive joining the EAC as advantageous for the country, others express concerns about potential risks to Somalia’s economic and social development. President Hassan has defended his decision, emphasising that Somalia’s best interests lie in becoming a member of the EAC.
To assess Somalia’s readiness to join the EAC, the regional bloc undertook a comprehensive verification mission. A team of experts well versed in politics, economics, and social systems, was tasked with evaluating Somalia’s progress. The evaluation included a thorough review of economic performance, trade policies, and potential contributions to the EAC’s integration efforts. During this process, the team engaged with various government institutions and private organisations, conducting comprehensive assessments and discussions to gauge Somalia’s preparedness.
One of the key requirements for Somalia is demonstrating an unwavering commitment to upholding principles such as good governance, democracy, the rule of law, and respect for human rights. Somalia must also showcase a vibrant market economy that fosters regional trade and collaboration.
Successful integration into the EAC would not only elevate Somalia’s regional stature but would also foster deeper bonds of cooperation and shared prosperity among the East African nations. While this is a positive step towards regional integration and economic development, there are several reasons for pessimism about the potential success of Somalia’s membership in the EAC.
Somalia must also showcase a vibrant market economy that fosters regional trade and collaboration.
Somalia has faced significant challenges due to prolonged conflict and instability. The decades-long civil war, coupled with the persistent threat of terrorism, has had a devastating impact on the country’s infrastructure, economy, governance systems, and overall stability.
The following fundamental factors raise valid concerns about Somalia’s readiness to effectively participate in the EAC.
Infrastructure plays a critical role in regional integration and economic growth. However, Somalia’s infrastructure has been severely damaged and neglected due to years of conflict. The country lacks adequate transportation networks, reliable energy systems, and while communications infrastructure has improved, internet penetration rates remain low and mobile networks – which are crucial for seamless integration with the EAC – can be unavailable outside of urban centres. Rebuilding such infrastructure requires substantial investments, technical expertise, and stability, all of which remain significant challenges for Somalia.
Political stability and governance
The EAC places emphasis on good governance, democracy, and the rule of law as prerequisites for membership. Somalia’s journey towards political stability and effective governance has been arduous, with numerous setbacks and ongoing power struggles. The lack of a unified government, coupled with weak state institutions and a history of corruption, raises doubts about Somalia’s ability to meet the EAC’s standards. Without a stable and inclusive political environment, Somalia may struggle to effectively contribute to the decision-making processes within the regional bloc.
Economic development and trade
Somalia’s economy has been heavily dependent on the informal sector and faces substantial economic disparities. The country needs to demonstrate a vibrant market economy that fosters regional trade and collaboration, as required by the EAC. However, the challenges of rebuilding a war-torn economy, tackling high poverty rates, and addressing widespread unemployment hinder Somalia’s ability to fully participate in regional trade and reap the benefits of integration.
Somalia continues to grapple with security challenges, including the presence of extremist groups and maritime piracy. These issues have not only hindered the country’s development but also pose potential risks to the stability and security of the entire EAC region. It is crucial for Somalia to address these security concerns comprehensively and to establish effective mechanisms to contribute to the EAC’s collective security efforts.
Economic Disparity and Compatibility
Somalia’s economy primarily relies on livestock, agriculture, and fishing, which may not align well with the more quasi-industralised economies of the other EAC member states. This mismatch could result in trade imbalances and pose challenges for integrating Somalia into the regional economy. For instance, according to the World Bank, Somalia’s GDP per capita was US$447 in 2021 whereas it is US$2081 for Kenya, US$1099 for Tanzania, and US$883 for Uganda. Furthermore, Somalia faces significant economic challenges, including capital flight that drains resources from the country, contributing to its status as a consumer-based economy.
This divergence in economic structures could lead to trade imbalances and impede the seamless integration of Somalia into the regional economy. The substantial economic gap between Somalia and other EAC member states suggests a significant disparity that may hinder Somalia’s ability to fully participate in the EAC’s economic activities. Additionally, Somalia has yet to demonstrate fiscal or economic discipline that would make it eligible for EAC membership. While Somalia has a functioning Central Bank and the US dollar remains the primary mode of financial transactions, the risk of integration lies with the other EAC members; cross-border trade would occur in an environment of instability, posing potential risks to the other member state.
Somalia faces significant economic challenges, including capital flight that drains resources from the country, contributing to its status as a consumer-based economy.
While these fundamental challenges remain, it is important to acknowledge the progress Somalia has made in recent years. This includes the gradual improvement in security conditions, the establishment of key governmental institutions, and the peaceful transfer of power. One can also argue that many of these fundamental economic, infrastructure, political instability, and security concerns exist across the East African Community. However, what makes Somalia unique is the scale of the challenges it faces today. Somalia has adopted a federal political structure, which has not worked well so far. This level of fragmentation and civil political distrust makes Somalia’s case unique. More than ever, Somalia needs meaningful political and social reconciliation before it can embark on a new regional journey.
The absence of an impact assessment by the relevant ministries in Somalia is alarming. Without this assessment, it becomes challenging to make informed decisions about the potential benefits of joining the EAC and the impact on our economy and society. Conducting this assessment should be a priority for Somalia’s ministries to ensure a comprehensive evaluation of the potential benefits and risks involved in EAC membership. Furthermore, President Hassan Sheikh Mohamud’s decision to pursue Somalia’s integration into the EAC lacks political legitimacy as a decision of this nature would normally require ratification through a popular vote and other legal means through parliament. The failure to achieve this could potentially allow another president in the future to unilaterally announce withdrawal from the EAC.
Fragile state of Affairs and internal disputes
The recent reopening of the Gatunda border post between Uganda and Rwanda after a three-year period of strained relations indicates a fragile state of affairs. The East African Court of Justice has ruled that Rwanda’s initial closure of the border was illegal, highlighting the contentious nature of inter-country disputes. Furthermore, Tanzania and Uganda have formally lodged complaints against Kenya, alleging unfair advantages in trade relations, and have even gone as far as threatening Kenya with export bans. These grievances underscore the underlying tensions and competition between member states, which could potentially hinder the harmonious functioning of the East African Community. These political and economic disagreements among member states increase the risks associated with Somalia’s membership. Somalia must carefully evaluate whether it is entering a united and cohesive bloc or one plagued by internal divisions. Joining the East African Community at this juncture carries the risk of being drawn into ongoing disputes and potentially being caught in the crossfire of inter-country rivalries.
Conflict in South Sudan
The prolonged conflict in South Sudan, which has been ongoing since its admission to the East African Community (EAC) in 2016, serves as a cautionary tale for Somalia. Despite the EAC’s efforts to mediate and foster peace in the region, the outcomes have been mixed, resulting in an unsustainable peace. This lack of success highlights the challenges faced by member states in resolving conflicts and maintaining stability within the community. Somalia must carefully evaluate whether its participation in the EAC will genuinely contribute to its stability, economic growth, and development, or if it risks exacerbating existing internal conflicts. Joining the community without a solid foundation of political stability, institutions, and peace could potentially divert resources and attention away from domestic issues, hindering Somalia’s progress towards resolving its own challenges. South Sudan’s admission to the EAC in 2016 was seen as a major step towards regional integration and stability. However, the country has been mired in conflict ever since, with two civil wars breaking out in 2013 and 2016. The EAC has been involved in mediation efforts, with mixed results.
Somalia must evaluate the readiness of its institutions, infrastructure, and economy to effectively engage with the East African Community. Comprehensive preparations are crucial to ensure that joining the community is a well thought-out and strategic decision, rather than a hasty move that could further destabilise the nation. Somalia needs to assess whether its infrastructure, institutions, and economy are sufficiently developed to cope with the challenges and demands of integration. Premature membership could strain Somalia’s resources, impede its growth, and leave it at a disadvantage compared to more established member states.
Somalia must carefully evaluate whether it is entering a united and cohesive bloc or one plagued by internal divisions.
Somalia must ensure sustained progress in stability, infrastructure development, governance, and economic growth before considering full membership of the EAC. A phased approach that prioritises capacity building, institution-strengthening, and inclusive governance would enable Somalia to lay a solid foundation for successful integration and reap the maximum benefits from EAC membership in the long term. Failure to address these concerns would make Somalia vulnerable to exploitation and market monopolies by stronger economies, and could also risk a lack of seamless convergence for Somalia’s membership. While there is political will from EAC leaders to support Somalia’s membership, it is vitally important that they make the right decision for Somalia and the EAC bloc as a whole to ensure a successful integration. I believe that, at this juncture, the disadvantages of Somalia joining the EAC outweigh the benefits.
2023 Marks 110 Years Since the Maasai Case 1913: Does it Still Matter?
It was a landmark case for its time, a first for East Africa and possibly for the continent. A group of Africans challenged a colonial power in a colonial court to appeal a major land grab and demand reparations. They lost on a technicality but the ripple effects of the Maasai Case continue to be felt.
In the name Parsaloi Ole Gilisho there lies an irony. It was spelled Legalishu by the colonial British. Say it out loud. He gave them a legal issue, all right. And a 110-year-old headache.
This extraordinary age-set spokesman (a traditional leader called ol-aiguenani, pl. il-aiguenak) led non-violent resistance to the British, in what was then British East Africa, that culminated in the Maasai Case 1913. Ole Gilisho was then a senior warrior, who was probably in his mid- to late thirties. In bringing the case before the High Court of British East Africa, he was not only challenging the British but also the Maasai elders who had signed away thousands of acres of community land via a 1904 Maasai Agreement or Treaty with the British. This and the 1911 Agreement – which effectively rendered the first void – are often wrongly called the Anglo-Maasai Agreements. In Ole Gilisho’s view, and those of his fellow plaintiffs, these elders had sold out. The suit accused them of having had no authority to make this decision on behalf of the community. This represented a very serious challenge by warriors to traditional authority, including that of the late laibon (prophet) Olonana, who had signed in 1904, and died in 1911.
The British had expected the Maasai to violently rebel in response to these issues and to colonial rule in general. But contrary to modern-day myths that the Maasai fought their colonisers, here they resisted peacefully via legal means. They hired British lawyers and took the British to their own cleaners. Spoiler: they lost, went to appeal, and lost again. But archival research reveals that the British government was so convinced it would eventually lose, if the Maasai appealed to the Privy Council in London (they didn’t), that officials began discussing how much compensation to pay.
The facts are these. The lawsuit was launched in 1912. There were four plaintiffs, Ole Gilisho and three fellow Purko (one of the 16 Maasai territorial sections) Maasai. In Civil Case No. 91 they claimed that the 1911 Maasai Agreement was not binding on them and other Laikipia Maasai, that the 1904 Agreement remained in force, and they contested the legality of the second move. They demanded the return of Laikipia, and £5,000 in damages for loss of livestock during the second move (explained below). Ole Gilisho was illiterate and had never been to school. But he and his fellow plaintiffs were assisted by sympathetic Europeans who were angered by the injustice they saw being perpetrated against a “tribe” that British administrators conceded had never given them any trouble. These sympathisers included people who worked for the colonial government, notably medical Dr Norman Leys and some district officials, lawyers, a few missionaries, the odd settler, and a wider group of left-wing MPs and anti-colonial agitators in Britain.
What had led up to this? After the 1904 Agreement, certain groups or sections of Maasai had been forcibly moved from their grazing grounds in the central Rift Valley around Naivasha into two reserves – one in Laikipia, the other in the south on the border with German East Africa. The British had pledged that this arrangement was permanent, that it would last “so long as the Maasai as a race shall exist”. But just seven years later, the British went back on their word and moved the “northern” Maasai again, forcing them at gunpoint to vacate Laikipia and move to the Southern Reserve. In all, it is estimated that the Maasai lost at least 50 per cent of their land, but that figure could be nearer 70 per cent. The ostensible reason for moving them was to “free up” land for white settlement – largely for British settlers but also for South Africans fleeing the Boer War (also called the South African War).
But just seven years later, the British went back on their word and moved the ‘northern’ Maasai again, forcing them at gunpoint to vacate Laikipia and move to the Southern Reserve.
By the time the case came to court, Ole Gilisho had become a defendant, even though he was in favour of the plaint. So were at least eight other defendants. He had signed the 1904 Agreement, and now stood accused with 17 other Maasai of having no authority to enter into such a contract. The first defendant was the Attorney General. Ole Gilisho’s son-in-law Murket Ole Nchoko, misspelled Ol le Njogo by the British, and described as a leading moran (il-murran or warrior) of the Purko section, was now the lead plaintiff. The plaint was called Ol le Njogo and others v. The Attorney General and others.
Challenges facing the plaintiffs
Most Maasai were illiterate in those days, and this obviously placed them at a major disadvantage. They could not write down their version of events. They were forced to rely, in their dealings with officials and their own lawyers, upon translators and semiliterate mediators whose reliability was questionable. But it is evident, from the archival record which includes verbatim accounts of meetings between Maasai leaders and British officials in the run-up to the moves and case, that the level of verbal discourse was highly sophisticated. This comes as no surprise; verbal debate is a cornerstone of Maasai society and customary justice. Unfortunately, that alone could not help them here. They knew they needed lawyers, and asked their friends for help. Leys, who was later sacked from the colonial service for his activism, admitted in a private letter: “I procured the best one in the country for them.” This was more than he ever admitted openly.
Local administrators used intimidation and all kinds of devious means to try and stop the case. (I didn’t come across any evidence that the Colonial Office in London sanctioned this; in fact, it ordered the Governor not to obstruct the main lawyer or his clients.) They allegedly threatened Ole Gilisho with flogging and deportation. They threatened and cross-questioned suspected European sympathisers, including Leys and the lawyers. They banned Maasai from selling cattle to raise the legal fees, and placed the Southern Reserve in continuous quarantine. It was hard for the plaintiffs, confined to a reserve, to meet their lawyers at all. At one point, lawyers were refused passes to enter the reserve, and their clients were prevented from leaving it.
We hear Ole Gilisho’s voice in the archival record. Forced to give a statement explaining his actions to officials at Enderit River on 21 June 1912, when asked if he had called Europeans to his boma, he replied: “Is it possible for a black man to call a white man?” He denied having called the Europeans (probably lawyers or go-betweens), saying they had come to him. Leys later explained to a friend that Ole Gilisho had probably been “terrified out of his wits”, and hadn’t meant what he said.
What happened in court
The case was thrown out when it first came before the High Court in Mombasa in May 1913. The Maasai appealed, and that is when the legal arguments were fully aired by both sides – lawyers for the Crown and the Maasai. The appeal was dismissed in December on the grounds that the plaintiffs’ claims were not cognisable in municipal courts. The two agreements were ruled not to be agreements but treaties, which were Acts of State. They could not, therefore, be challenged in a local court. It was impossible for the plaintiffs to seek to enforce the provisions of a treaty, said the judges – “The paramount chief himself could not bring such an action, still less can his people”. Claims for damages were also dismissed.
The Court of Appeal’s judgement centred on the status of a protectorate, in which the King was said to exercise powers granted to him under the Foreign Jurisdiction Act of 1890. Irrational as it sounds, the Crown claimed that British East Africa was not British territory, and the Maasai were not British subjects with any rights of access to British law, but “protected foreigners, who, in return for that protection, owe obedience” to the Crown. As Yash Pal Ghai and Patrick McAuslan later put it, when discussing the case in a 1970 book: “A British protected person is protected against everyone except the British.” On the plus side, the judges ruled that the Maasai still retained some “vestige” of sovereignty. (The Maasai’s lawyer argued that they did not.) This triggered later moves by Maasai politicians, in the 1960s, to float the idea of secession from Kenya and the possible creation of a sovereign Maasai state. John Keen had threatened this in 1962 at the second Lancaster House Conference in London, attended by a Maasai delegation.
Alexander Morrison, lawyer for the Maasai, argued that British rule and courts were established in the protectorate, which had not been the case 30 years earlier. The Maasai were not foreigners but equal to other British subjects in every way. The agreements were civil contracts, enforceable in the courts, and not unenforceable treaties. If one took the Crown’s claim about Acts of State to its logical conclusion, he argued, a squatter refusing to leave land reserved for the Maasai could only be removed by an Act of State. None of his arguments washed with the judges. (See my 2006 book Moving the Maasai for a fuller account.)
Morrison advised his clients to appeal. It seems they couldn’t raise the funds. However, oral testimony from elders reveals a different story: Ole Gilisho had planned to sail to England to appeal to the Privy Council, but he was threatened with drowning at sea. This is impossible to verify, but it rings true.
In an interview carried out on my behalf in 2008 by Michael Tiampati, my old friend John Keen had this to say about the outcome of the case: “If the hyena was the magistrate and the accused was a goat, you should probably know that the goat would not get any form of justice. So this is exactly how it was that the Maasai could not get any fair justice from British courts.”
Contemporary African resistance
Unbeknown to the Maasai, there was growing anti-colonial resistance in the same period in other parts of Africa. All these acts of resistance have inspired African activists in their continuing struggles. To mention a few: the Chilembwe rebellion in Nyasaland, now Malawi (1915); the Herero revolt in German South West Africa, now Namibia (1904–1908); resistance in present-day Kenya by Mekatilili wa Menza (largely 1913-14); the First Chimurenga or First War of Independence in what is now Zimbabwe (1896–1897); and the Maji Maji rebellion in German East Africa, now Tanzania (1905–1907). But none of these rebellions involved lawsuits. The closest precedent may have been R vs Earl of Crewe, Ex-parte Sekgoma in 1910. Chief Sekgoma, who had been jailed by the British in the Bechuanaland Protectorate (now Botswana) after many attempts to remove him as chief, instructed his lawyer to bring a writ of habeus corpus against the Secretary of State for the Colonies, Lord Crewe. He demanded to be tried in an English court, refusing an offer of release on condition that he agrees to live in a restricted area of the Transvaal. The suit was dismissed, the court ruling that the King had unfettered jurisdiction in a protectorate, and his right to detain Sekgoma was upheld. Sekgoma apparently said: “I would rather be killed than go to the Transvaal. I will not go because I have committed no crime – I wish to have my case tried before the courts in England or else be killed.” Freed in 1912, he died two years later.
The case, and other key events in early twentieth century Maasai history, have given rise to several myths. They include the idea that the stolen land should “revert” to the Maasai after 100 years, but that was not stated in the 1904 Agreement, which was not limited in time, was not a land lease, and has not “expired” as many people claim. Neither agreement has. Keen knew this, but nonetheless called for the land to “revert”. Other myths include the idea that Olonana’s thumbprint was placed on the 1911 Agreement posthumously, and it must therefore be invalid. But neither his thumbprint nor name are on the document, which was “signed” by his son Seggi. Anyhow, Olonana was a key ally of the British, who had no reason to kill him (which is another myth).
The original of the 1904 Agreement has never been found, which has led some Maasai to believe that it never existed and therefore all the land must be restored and compensation paid for its use to date. There may be sound legal arguments for restorative justice, but this is not one of them. These myths are ahistorical and unhelpful, but may be understood as attempts to rationalise and make sense of what happened. Some activists may wish that the Maasai had resisted violently, rather than taken the legal route. Hence the insistence by some that there was a seamless history of armed resistance from the start of colonial rule. Not true. There are much better arguments to be made, by professional lawyers with an understanding of international treaty rights and aboriginal title, which could possibly produce results.
Ole Gilisho had planned to sail to England to appeal to the Privy Council, but he was threatened with drowning at sea.
Where does all this leave the Maasai today? Over the years, there has been much talk of revisiting the case and bringing a claim against Britain (or Kenya) for the return of land or reparations for its loss. None of this has resulted in concrete action. I attended a planning workshop in Nairobi in 2006 when plans were laid for a lawsuit. VIPs present included the late Ole Ntimama, scholar Ben Kantai and John Keen. Keen declared, with his customary flourish, that he would stump up a million shillings to get the ball rolling. I don’t know how much money was raised in total, but it disappeared into thin air. As did the lawyers.
Leading lawyers have advised that too much time has passed, and (unlike the successful Mau Mau veterans’ suit) there are no living witnesses who could give evidence in court. It is unclear whether the agreements still have any legal validity. The British government might argue, as it previously has, including in response to my questions, that it handed over all responsibility for its pre-1963 actions to the Kenyan government at independence. This is a ludicrous argument, which is also morally wrong. Former colonial powers such as Germany have accepted responsibility for historical injustices in their former colonies, notably Namibia. Has the time come for Ole Gilisho’s descendants to call a white man to court?
Who Is Hustling Who?
In Kenya, political elites across the spectrum are trying to sell off the country for themselves—capitulation is inevitable.
My drive to Limuru happened on the first Wednesday (July 19) of the protests. Everything was eerily quiet, Nairobi, renowned for its traffic jams, was quiet. Matatus and buses were parked in their hubs. Shops and stalls were closed. Even the hawkers that dot the roads and highways stayed home. Save for the heavy police presence everywhere, it felt like the country had come to a standstill.
We got to Kangemi shortly after the police had shot and wounded two protestors—the road was strewn with stones and armed riot police huddled by the side of the road waiting for the next wave of attacks that never came. In the end, six people would be shot to death throughout the country, and countless were injured and arrested. Coming from the US, where police arrest protestors and shoot black people, there were no surprises here. The US can hardly be the standard of good policing or democratic practices, but the lives lost simply for asking the government to center the people in its economic planning seemed especially cruel.
But it was the emptiness of the roads that made the whole drive eerie. Perhaps I was refracting what was happening in Kenya through what followed the 1982 coup in which 240 people were killed; or the ethnic clashes of the 1990s that culminated in the 2007 post-election violence. Yet, there was a general agreement among people that there was something different about the Kenya of today—that something was already broken and the nightmares to come were slowly but surely revealing themselves—like a bus carrying passengers and the driver realizing the brakes were out just as it was about to descend a steep hill.
Voting with the middle finger
But all this was predictable. President Ruto has been a known quantity since the 1990s when he led the violent Moi youth wingers. He and his running mate and later president, Uhuru Kenyatta, were brought in front of the ICC to face charges of crimes against humanity following the post-election violence in 2007. Some key witnesses disappeared and others were intimidated into silence. Who in their right mind gives evidence against those in control of the state? The ICC was already discredited as being Western-crimes-against-humanity friendly (the US has never been a signatory rightly afraid its former presidents, such as George Bush, would be hauled before the court). The ICC eventually withdrew the case in March 2015.
I kept asking everyone I met, why was Ruto voted in spite of his history? The answers varied: He rigged the elections; he did not rig and if he did, he only managed to be better at it than Raila Odinga; he appealed to the youth with the idea of building a hustler nation (what a telling term); the Kikuyus have vowed never to have a Luo president and therefore opted for Ruto who is Kalenjin as opposed to Odinga who is Luo.
I sat with older Kikuyu men in the little Nyama Choma spot in Limuru Market and they talked about a generational divide between the Kikuyu and youth (Ruto) and the elderly Kikuyus (Odinga). But the one I heard over and over again was that Kenyans are tired of the Kenyatta and Odinga political dynasties. As one Trump supporter was to say, they voted for him with the middle finger. And so, the Kenyans who voted for Ruto were giving a middle finger to the Kenyatta, Moi and Odinga political dynasties. But no one had really expected buyer’s remorse to kick in one year into the Ruto presidency.
I also asked about Odinga’s protests: what was the end game? One theory is that he was looking at power-sharing, having done it once before, following the 2007 elections. In our shorthand political language, he was looking for another handshake. Some said the people have a right to protest their government, and he is simply asking the government to repeal the tax hikes and reinstate the fuel subsidies. Others believed that he wants to be a genuine and useful voice of opposition for the good of the country and its poor.
My own theory is that he is attempting a people-powered, centered, democratic, and largely peaceful takeover—where people take to the streets to overthrow an unpopular government. We saw this in Latin America in the 2000s. In response to Odinga’s absence during the three days of protests (he was sick), some leaders in his Azimio party have started using this language. The only problem with this strategy is that the sitting government has to be wildly unpopular. Ruto still has a lot of support, meaning that he does not have to compromise or give up power. It was to my mind turning into a stalemate and I was worried that the state would respond with more state-sponsored violence.
But real economics broke the stalemate. In a country where people are barely surviving and the majority are poor without savings to rely on, or relatives to reach out to for help, the hawkers, small stall and shop owners simply went back to work. In other words, those that would have been hurt the most by three days of protests (a day at home literally means a day without food for the family) simply went back to work, and the matatus and buses hummed back to life, slowly on Thursday and full throttle by Friday.
Saturday around Westlands might as well have been as busy as a Monday as people overcompensated for lost time to either sell or shop. If the protests were going to succeed the opposition (composed of some of the wealthiest families in Kenya, including Odinga’s) really should have thought about how best to protect those who would be the most affected. They should find legal and innovative ways to put their money where their political mouths are.
Cuba as Kenya’s north star
Odinga had to change tactics and called for a day of protest against police violence instead of three-day weekly protests in perpetuity. He is now in danger of turning into a caricature of his old revolutionary self and becoming an Al Sharpton, who instead of protesting the American government for the police killings of black people, protests the police themselves leaving the government feeling sanctimonious. Obama or Biden could weigh in, in righteous indignation without offering any real change (remember Obama’s emotional pleas over gun shootings and police shootings as if he was not the one occupying the most powerful office in the US)?
The one question that keeps eating at me is this: why is the most apparent outcome at the time a surprise later? Ruto was always going to sell off Kenya with a percentage for himself and his friends. Odinga was always going to capitulate. The end result is that the Kenyan bus will continue to careen on without brakes. So, what is to be done?
I was in Cuba earlier this year. I got a sense of the same desperation I felt in Kenya but the difference is Cubans have free access to healthcare, education, housing, and food security. They have free access to all the things that make basic survival possible. Before calling for the tax hikes and cutting fuel subsidies might it not have been more prudent to have a safety net for Kenyans? Would that not have been the most logical thing? But of course not, Ruto is acting at the behest of the IMF and big money. Ruto has learned the art of pan-African political rhetoric. Abroad he can call for a different non-US-centered economic system and castigate the French president over paternalism but at home, his politics are hustler politics.
Life in Cuba is difficult, as a result of relentless sanctions from the US, but it is far from impossible. It remains the north star for those who understand discussions around fundamental change as the only starting point. We can have arguments about the nature of those fundamental changes, but we can all agree we should not be a country where one family, say the Kenyatta family, owns more than half a million acres of land. Or where, as Oxfam reported, four individuals hold more wealth than that held by 22 million Kenyans. The kind of politics that begin with a necessity for fundamental change will obviously not come from Ruto.
But one hopes it can still come from the Odinga camp. Or even better, from a genuinely progressive people-powered movement that has inbuilt questions of fundamental change in its political, economic, and cultural platform.
In spite of the empty roads, Limuru Market was thriving and Wakari Bar kept its reputation as one of the best places for Nyama Choma and for lively political conversations. People are paying attention, after all, it is their lives and livelihoods on the line. Politicians, especially those in the opposition and the political left should listen as well.
Op-Eds5 days ago
Tigray Atrocities: Extending ICHREE Mandate Crucial for Accountability
Culture2 weeks ago
From Harry Kĩmani to Kwame Rĩgĩi, the Rise and Rise of Kikuyu Soul Music
Politics2 weeks ago
Is Somalia’s Quest for Membership of the EAC Premature?
Op-Eds2 weeks ago
Decoding India’s Move to Include Africa as Permanent G20 Member
Op-Eds5 days ago
Climate Change and the Injustice of Environmental Globalism
Data Stories7 days ago
Sex Education: Are We Doing Enough?
Reflections5 days ago
Ama Ata Aidoo: A Tribute
Reflections5 days ago
Mĩcere Gĩthae Mũgo: A Mother and a Gardener