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Who is Policing the Police? Kenya’s Lame Duck Oversight Mechanism

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Seven years after an independent oversight body was formed to monitor and investigate police misconduct and abuse, Kenyans are still suffering under the hands of an incompetent and uncaring police force that gets away with excesses with impunity. Has IPOA lived up to its promise?

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Who is Policing the Police? Kenya’s Lame Duck Oversight Mechanism
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I
First Impressions

 

On the right-hand corner at the top of Policing Lens, the Independent Policing Oversight Authority (IPOA)’s quarterly newsletter, two heavily padded policemen positioned inside the frame of a magnifying glass are holding shields branded ‘Police’. The duo have their baton-wielding fists raised in the air, poised to descend on a seemingly already subdued civilian lying motionless on the ground. This surreal image ushers one into IPOA’s world, a Freudian admission that the National Police Service (NPS) may not be as transformed from what it used to be when it was known as the Kenya Police Force – still deploying brawn in place of brain.

This disturbing yet at once candid logo subconsciously summarises IPOA’s statement of intent, which is that the statutory agency is not afraid of confronting the dark history and the not-so-squeaky-clean present day state of affairs within the police, an unflattering confession they are willing to make publicly. Conversely, the choice of IPOA’s optics could be (mis)construed as an act of concession, confirming that despite its far-reaching powers and mandate, IPOA, just like the overpowered civilian victim of police brutality, remains subdued by police excesses.

Yet the need for IPOA to live up to its full mandate cannot be gainsaid.

 

II
Waki, Alston and Ransley

During the 29 May 2009 United Nations Human Rights Council sitting in Geneva, Switzerland, Prof. Philip Alston, the then UN special rapporteur on extrajudicial, summary or arbitrary executions, faced a dilemma. Coming merely two months after his inaugural Kenya working tour, Prof. Alston was calling for the investigation of the Kenya Police Force in a case where it was suspected of involvement in the execution of two human rights defenders. But as he pushed for an investigation into the police, Prof. Alston regretted that as things stood at the time (and maybe as they still stand to date), it was impossible to investigate the police.

Prof. Alston wrote: ‘‘As there is, according inter alia to the report of the Commission of Inquiry into Post-Election Violence (CIPEV, pages 420-421), no existing independent unit capable of effectively and credibly investigating possible police misconduct in Kenya, we consider it imperative that an independent investigation be carried out with support from a foreign police force.’’

Prof. Alston was partly basing his observation on the October 2008 Commission of Inquiry into Post-Election Violence (CIPEV) report authored by Court of Appeal Judge Philip Waki, who chaired the CIPEV, otherwise referred to as the Waki Commission. Apart from pointing out the extent to which it was impossible to investigate the police for suspected police-inflicted deaths and injuries, the Waki Commission showed the extent to which the police were suspected of serious human rights violations during the 2007/2008 post-election violence, where one in every three of the 1,133 deaths documented by CIPEV were as a result of bullet wounds. These figures, though supported by morgue data, were disputed by the Commissioner of Police, Maj. Gen. Hussein Ali, who knew of only 616 deaths, emphatically telling CIPEV that only the police could give authoritative figures for those who died as a result of the post-election violence.

The Waki Commission showed the extent to which the police were suspected of serious human rights violations during the 2007/2008 post-election violence, where one in every three of the 1,133 deaths documented by CIPEV were as a result of bullet wounds.

It was under these circumstances that CIPEV recommended the establishment of an “Independent Police Conduct Authority” outside the police, with the legislative power and authority to investigate complaints against the police and police conduct. By the time Alston was suggesting international investigation of police killings, nothing had happened to implement CIPEV’s crucial recommendation, but his report now made it imperative to establish an independent police oversight agency to curtail future contemplation of seeking foreign investigative assistance.

As if pre-empting Prof. Alston’s May 29 presentation in Geneva on 7 May 2009, President Mwai Kibaki tasked Justice (retired) Philip Ransley to look into concerns raised by the other two Philips – Alston and Waki – by appointing him to chair the National Task Force on Police Reforms. Ransley’s Commission aimed ‘‘to examine existing policies and institutional structures of the police, and to recommend comprehensive reforms that would enhance effectiveness, professionalism and accountability in the police services.’’ Ransley was given 90 days, and in October 2009, having wrapped up his hearings, Ransley handed his report, which contained a whopping 200 recommendations, to the head of state.

Ransley asked for, among other things, terminological change seeking the establishment of the National Police Service (NPS), a change from the scandal-ridden Kenya Police Force. The idea was to shift the mindset of the police towards civilians, a change from always resorting to force in the course of duty to one of offering a professional service. This was to also influence civilians’ perception of the police, from that of antagonism to one of co-operation and collaboration. Ransley similarly asked for the setting up of the National Police Service Commission (NPSC), tasked with overseeing the human resource component of the NPS, starting from recruitment, appointments, promotions, and general welfare of the police, away from the Public Service Commission (PSC), which previously handled these responsibilities.

More importantly, and in responding to Alston’s and Waki’s concerns, Ransley recommended the establishment of the Independent Policing Oversight Authority (IPOA), a civilian body mandated by law to keep the proposed NPS in check. In imagining an ideal scenario, Ransley envisioned an IPOA to watch over financial spending by the NPS; ensure the NPS adhered to international best practices in policing; receive and initiate investigations into complaints on police misconduct; monitor, review and audit police investigations; as well as coordinate other institutions on issues of police oversight, among other things.

 

III
The Resistance

That Ransley’s task force completed its work within 90 days and submitted its report soon thereafter came as a surprise to sceptics, including those within the diplomatic corps. This was evidenced in a WikiLeaks cable originating from the US embassy in Nairobi, which read:

‘‘…However, several prominent persons have expressed doubts about the government’s motives in establishing the PRC. They note that the PRC’s short 90-day mandate is far too little for such a massive task and that Police Commissioner Hussein Ali will act to thwart all but superficial reforms. We share some of these doubts, but will take a wait-and-see approach, recognizing that the PRC provides an opportunity – the only one at this time – for much-needed police reform. The UK shares our doubts, but will support the commission financially by paying for a UK and a Commonwealth police expert to serve on the PRC. If the GOK acts to implement real reform we are positioned to support the effort with funds….’’

The Americans and the British might have had valid reasons to second guess the intentions in setting up the Ransley task force, referred to erroneously in the WikiLeaks cable as the Police Reform Commission (PRC). A few months earlier, before the appointment of Ransley and his team on 7 May 2009, the then powerful Minister of State for Internal Security and Provincial Administration, Prof. George Saitoti, had placed a mischievous announcement in the Kenya Gazette, Notice Number 8144 of September 2008. The alert was about a Police Oversight Board, a proposed agency populated by presidential appointees, which the minister wanted domiciled in his ministry, and whose members – named in the gazette notice – the minister had powers to dismiss at will. This therefore meant that the mandate to oversee the police would remain within the state, under the same ministry as the police, a bad attempt at pseudo self-regulation. Prof. Saitoti’s actions seemed pre-emptive.

At around the same time, the non-statutory Kenya Human Rights Commission (KHRC), among others, was busy singing the chorus of the establishment of a civilian police oversight body. In fact, the KHRC had gone as far as drafting a bill proposing the creation of the Police Oversight Board, a name and concept which the minister appropriated. The difference was that the KHRC was proposing an autonomous civilian agency, while the minister wanted to create an appendage of the police within his portfolio. It was these sorts of cat-and-mouse games that eroded credibility on efforts by the state towards police reforms, setting the stage for doubting Thomases as Ransley got working.

Further, in revelations contained in the aforementioned WikiLeaks cable, Prof. Saitoti was reported to have told the US Assistant Secretary of State for Africa, Johnnie Carson, that what was needed in police reform was ‘‘evolution, not revolution’’. The minister had also been quoted – utterances he denied having ever made – saying that only “normal reforms are required [like] looking into the welfare of officers, adequate facilities to increase the morale and efficiency” of the police. This strategy, of doing cosmetic reforms by focusing on the more bureaucratic end of things as opposed to delving into the more substantive questions of police violations, is one which would later be used to keep IPOA distracted from its core mandate.

 

IV
The Inaugural Term

On 27 August 2010, almost a year after Ransley’s task force submitted its report to President Mwai Kibaki, Kenya promulgated a new constitution. With the new legal regime in place, and staying true to Ransley’s recommendations, Parliament passed the IPOA Act (Act No. 35 of 2011), legislation which paved way for the establishment of the Independent Police Oversight Authority (IPOA). This was a huge milestone. Other than South Africa’s Independent Police Investigative Directorate (IPID), there remains no other policing oversight agency in Africa.

However, rather than looking to South Africa, IPOA heavily borrowed its architecture from the UK’s Independent Office for Police Conduct (IOPC), formerly the Independent Police Complaints Commission (IPCC). This was possibly a direct result of the input by the British expert seconded to the Ransley task force, as explicitly intimated in the WikiLeaks cable. Consequently, IPOA’s objectives were outlined in Section 5 of the Act thus: 

  1. a) Hold the Police accountable to the public in the performance of their functions;
  2. b)  Give effect to the provision of Article 244 of the Constitution that the Police shall strive for professionalism and discipline and shall promote and practice transparency and accountability; and
  3. c) Ensure independent oversight of the handling of complaints by the Service.

In adhering to the Act’s requirements on the hiring of the IPOA board, the president, through Kenya Gazette notices 6938 and 6939 of 22 May 2012, appointed IPOA’s inaugural chairman and the agency’s board members, who were all sworn in on 4 June 2012. Ransley’s team had outlined the composition of the board to include two persons with experience in public administration, alongside individuals with knowledge in financial management, corporate management, human rights, and one with experience in religious leadership. The board’s chairperson had to be someone qualified to be appointed a judge of the High Court of Kenya.

Further, in revelations contained in the aforementioned WikiLeaks cable, Prof. Saitoti was reported to have told the US Assistant Secretary of State for Africa, Johnnie Carson, that what was needed in police reform was ‘‘evolution, not revolution’’.

As fate would have it, Macharia Njeru, currently a member of the Judicial Service Commission (JSC), who had served as a member of the Ransley task force, was picked as IPOA’s first chairman. One would have imagined that having been part of the Ransley team, Njeru would hit the ground running, having had the advantage of being one of the agency’s draftsmen. However, by the end of his board’s six-year term, Njeru’s team came under heavy criticism,for what was considered an utterly dismal performance, especially by victims of police excesses.

 

V
The Numbers

During its inaugural term, IPOA received an average of four serious complaints a day. As a result, the common refrain against the agency was that of the almost 10,000 cases of police misconduct reported to it, IPOA had only secured a paltry three convictions. These were: High Court Criminal Case No. 41 of 2014 (Republic Vs Inspector of Police Veronicah Gitahi and Police Constable Issa Mzee, and Criminal Appeal No. 23 of 2016 (Inspector of Police Veronicah Gitahi and Police Constable Issa Mzee Vs Republic), and High Court Case No. 78 of 2014 (Titus Ngamau Musila).

Pundits argue that strictly speaking, these were two convictions. In the first case, two police officers were convicted, thereafter appealing the ruling. They lost at the appellate court, a development which saw IPOA count the double loss by the officers as two wins on its part.

During its inaugural term, IPOA received an average of four serious complaints a day. As a result, the common refrain against the agency was that of the almost 10,000 cases of police misconduct reported to it, IPOA had only secured a paltry three convictions.

By 30 April 2018, when the inaugural board’s mandate was just coming to a close, the agency had received a total of 9,878 complaints. These were both from members of the public and from within the police service. Of these, 5,085 were classified as needing to be investigated. The rest, as per IPOA’s breakdown of the numbers, were referred to the Internal Affairs Unit of the National Police Service (748 cases), IPOA’s inspections and monitoring directorate (364 cases), the National Police Service (249 cases), the National Police Service Commission (319 cases), the Kenya National Commission on Human Rights (41 cases), Officers Commanding Police Stations (370 cases), the Directorate of Criminal Investigations (289 cases), and another 312 cases were shared between the Ethics and Anti-Corruption Commission, the National Land Commission, and the Commission of Administrative Justice (Office of the Ombudsman).

Of the 5,085 cases meant for investigations, 752 were reported to have been investigated and completed, 458 were closed preliminarily, 72 were still under investigation, 76 were under legal review by IPOA, 103 were forwarded to the Office of the Director of Public Prosecutions, 11 were sent to the Ethics and Anti-Corruption Commission, with 6 referred to the National Police Service. Furthermore, 459 complaints were dismissed as falling outside IPOA’s mandate, 1,642 cases were closed for what IPOA terms ‘‘withdrawal by complainants; matters before Court; not actionable; and insufficient information.’’ 64 cases were before the courts.

As of March 2019, the total number of cases reported to IPOA stood at 12,781, with 136 cases taken to court. In a mark of progress, three more convictions have been added to IPOA’s tally since the new board took office in September 2018. It goes without saying that the new board is to a large extent building on the groundwork done by their predecessors, meaning by the end of the six-year mandate, IPOA’s second board should have better figures in comparison.

By any account, IPOA’s 2012–2018 numbers are mind-boggling, its paltry three convictions not doing much in terms of building confidence within the aggrieved civilian population. As a matter of fact, naysayers will be forgiven for thinking the numbers being thrown around are all a well-choreographed game of smoke and mirrors, a case of motion without movement.

However, the question one may want to ask is, was IPOA set up for failure from the word go?

 

VI
The Bureaucracy

While listening to Macharia Njeru campaigning to be picked as the male representative of the Law Society of Kenya in the Judicial Service Commission, it became obvious that the one talking point IPOA’s inaugural chairman wouldn’t let go of was that he had successfully built an institution from scratch.

Njeru’s exit message as his term came to a close was on how much he, his board and IPOA’s senior staffers had worked in putting in place systems. There was talk of financial management awards, all bureaucratic shenanigans – not unimportant but neither were they IPOA’s core mandate. There was certainly need for institution building, but at what expense did this happen? Did Njeru’s team sacrifice IPOA’s primary oversight responsibility at the altar of corporatism, or was it a trap set for him from the word go – to keep him busy paper pushing and not allow his team adequate time and resources to focus on police misconduct?

When looking at IPOA’s founding financials – an annual budget of Sh96 million (US$ 960,000) in 2012/2013 – it is clear that from the beginning one of the ways the state wished to put the agency on a tight leash was by limiting its budgetary allocations. Seeing that the agency needed to build from the bottom up – hire premises, recruit and train staffers, establish regional offices, among other day-to-day operational logistics, it was evident that with a paltry financial allocation, the board would be kept busy micromanaging budget line items as police violations went through the roof. For instance, it is astonishing to note that in 2013, IPOA could only hire an initial staff of six people.

Possibly seeing that the agency had fallen into the institution-building-at-the-expense-of-its-core-mandate trap, IPOA’s budget eventually grew to Sh696 million in 2017/2018 and Sh800 million in 2018/2019, barely Sh1,000 (US$10) per complaint per day, and definitely an insignificant amount of money considering the scope of oversight expected of the agency. By the time Njeru’s team was leaving, IPOA had acquired a total of 27 motor vehicles – a number one might find laughable, seeing that IPOA’s operations needed to cover the entire country – and had a staff roster of a mere 143 employees. How was such an institution, even if perfectly structured, capable of overseeing a National Police Service that recruited an average of 10,000 police officers on an annual basis? Would IPOA ever be fit for purpose?

In 2014, the board developed a four-year strategic plan to coincide with its 2018 exit. The plan was built around four pillars, namely compliance by the police with human rights standards; restored public confidence and trust in police; improved detention facilities; a functional Internal Affairs Unit (IAU) of the National Police Service; and a model institution on policing in Africa. In its usual brick and motor state of mind, IPOA reported that ‘‘it is pleased that the National Police Service has secured an office for the IAU, and indications are that the Unit will be operational by August 2018.’’ Other than that, it is anyone’s guess as to whether any of the other targets were satisfactorily achieved under the strained circumstances the agency was operating under.

 

VII
The Backlash

By all means, IPOA’s inaugural term had too many moving parts that kept the agency busy, thereby making it drop the ball on many occasions regarding delivery of its core mandate to civilians, who continue to suffer in the hands of rogue elements within the National Police Service. According to Wangui Kimari of the Mathare Social Justice Centre (MSJC), and as has become a common refrain in Kenyan society today, vitu kwa ground ni different (reality bites). For starters, IPOA is not perceived as a friend of the civilians, thanks to its one-size-fits-all bureaucracies.

‘‘Victims of police brutality and families of those killed by the police in places like Mathare and Korogocho are weary of going to report their complaints to IPOA for many reasons,’’ Wangui told me when we met in Nairobi. ‘‘Some of them are broke, they cannot even afford bus fare, yet they are expected to go to IPOA’s intimidating head office to make a statement. Once at IPOA, the majority of the complainants, who are either illiterate or semi-literate, will always be harassed for either not filing their complaints properly or for leaving out crucial information. It is in filling these gaps that trusted grassroots organisations such as the social justice centers come into the picture, but even after lodging the complaints properly, the long periods of time which lapse before IPOA moves on the cases is discouraging to the victims and their families.’’

In a word, IPOA’s operations are not fit for purpose since its user experience remains wanting.

According to Gacheke Gachihi, an MSJC activist, IPOA needs to have its tentacles in places such as Mathare, which record some of the highest numbers of extrajudicial killings. It is public knowledge that informal settlements in Nairobi have well-known killer cops, some whom go as far as parading their past, present and future conquests on social media. To Gacheke, the fact that IPOA does not have outposts in places like Mathare shows its top-bottom approach to oversight, where instead of going to the ground, the agency keeps to its air-conditioned offices.

‘‘IPOA needs to come and be in the midst of the people who need it most,’’ Gacheke told me. ‘‘Their presence here can work as a deterrent to rogue police officers. If they think residents of Mathare flood their registry, they will be surprised at the many cases which go unreported.’’

According to Gacheke Gachihi, an MSJC activist, IPOA needs to have its tentacles in places such as Mathare, which record some of the highest numbers of extrajudicial killings. It is public knowledge that informal settlements in Nairobi have well-known killer cops, some whom go as far as parading their past, present and future conquests on social media.

In the opinion of some front line human rights aficionados who wished to remain anonymous – they do not wish to sanitise IPOA’s arrogance with a comment – IPOA’s biggest shortfall has been its opacity. They claim IPOA behaves as if it is ignorant of the fact that for it to succeed it needs to operate within an ecosystem comprising all kinds of stakeholders nurtured by trust. It is this sense of indifference from IPOA, they say, which has resulted in disengagement by human rights defenders, who are getting completely disinterested in IPOA’s work processes. ‘‘They never answer calls or reply to emails,’’ one of them told me. ‘‘It is a complete disgrace.’’

The other battle on IPOA’s plate is that of perception. Wangui told me that when she brought mothers and widows of victims of extrajudicial killings to IPOA’s open day, the majority of them did not want to come close, since they considered IPOA as part of the National Police Service. ‘‘They wouldn’t go to the IPOA stand,’’ Wangui told me, ‘‘because to them, hao ni polisi.’’

 

VIII
The Missing Repository

According to leading human rights lawyer Sam Mohochi – previously executive director of the Independent Medico-Legal Unit (IMLU) and immediate former executive director of the Kenyan Section of the International Commission of Jurists (ICJ-K) – any suspicious death, and particularly death at the hands of or while in the custody of the police or of a prison officer, should automatically trigger a Magistrate’s Inquest under Sections 386 and 387 of the Criminal Procedure Code. In Mohochi’s view, IPOA should therefore be the undisputed repository for all such cases in instances where the police are involved, such that IPOA either exonerates or implicates them.

‘‘All custodial deaths should result in an inquiry being instituted,’’ Mohochi told me in Nairobi. ‘‘But you will notice that as things stand, IPOA does not comply with provisions of the law.’’

‘‘If you look at most cases of extrajudicial killings in Kenya, unless the family or other actors complain, no automatic legal action occurs,’’ Mohochi told me. ‘‘But two, now bring in IPOA. All such cases are automatically expected to be referred to IPOA, directly, by the police. That then means that in IPOA’s progress reports, the agency should always indicate how many such cases have been forwarded to it, by the police. Unfortunately, if you look at IPOA’s progress reports, they are completely silent on that. Yet that would have been the repository where you could keep tally of extrajudicial killings, irrespective of whether investigations are complete or not. That way, there could be a credible tally of encounter killings by the police, reported by the police. What we mostly have are statistics of cases reported by victims, against the police.’’

In Mohochi’s opinion, the ideal situation in cases where police bullets have been used to either harm or kill civilians should be that the Officer Commanding Station (OCS) who is in charge of the police in a given jurisdiction should be the one to forward any suspicious police action to IPOA as a measure of accountability. This means that if the police abuse their powers in a locality and the OCS does not report it to IPOA, then the agency should have punitive measures in dealing with such a non-compliant OCS.

And if dealing with an OCS gets cumbersome – which should not be the case since IPOA has statutory powers – then IPOA should at the very least have its own investigators stationed at every police station in order for the agency to get first-hand accounts of police excesses, which are then forwarded to the agency’s legal and investigative units. Failure to do this, Mohochi says, will result in the majority of police violations to go unreported; even if they get reported, there will always be the evidential challenge since the police, in protecting each other, will neither secure the crime scene nor get witness statements of their own volition.

‘‘IPOA should issue a circular to all police stations,’’ Mohochi told me, ‘‘that should any case of extrajudicial killings occur, they need to be notified immediately. Failure to do so, even IPOA’s own investigators will not find it easy investigating a non-cooperative police service.’’

Further, Mohochi told me, what IPOA is doing – documenting police violations and prosecuting rogue officers – is something that was already being done by non-state actors. However, the establishment of IPOA was meant to scale things up in terms of convictions, something which is not happening. In Mohochi’s recollection, police officers have been jailed before IPOA came into place, but IPOA was meant to act as a bigger deterrent through higher conviction rates. If this is not attainable, Mohochi fears that IPOA will not be serving the purpose it was founded for.

 

IX
The Evidence Puzzle

Over the years, and as intimated by Mohochi, insufficient evidence has remained one of the prominent bottlenecks in litigating against police violations in cases of extrajudicial killings. For the most part, aside from entities such as the Independent Medico-Legal Unit (IMLU), who were for a long time the go-to place for independent, credible autopsies, especially in public interest cases, attempts to prosecute the police either by IPOA or other actors have run into headwinds for lack of admissible evidence on the cause and circumstance of death. As such, the passing of the National Coroners Service Act of 2017 came as a huge relief for both human rights defenders and evidence-based agencies such as IPOA. This meant that in the event of any suspicious deaths, then there would be a legally mandated entity which would take up the matter, preserve the evidence, institute an inquiry, after which prosecutorial steps can follow.

According to the Kenya National Commission on Human Rights (KNCHR) handbook on the Act, much as the Kenyan version of the coroner’s office will not be quasi-judicial, as an important starting point, the Act establishes a framework for investigations and determination of the cause of reported unnatural deaths in the country. Some of the anticipated quick wins are that obstruction of investigations, bearing false witness, and refusal to comply with directions from the coroner will be things of the past.

Further, the Act provides immunity from civil and criminal prosecution, or any other administrative action for that matter, for those who give evidence to the coroner. This is a huge improvement from the current reliance on Sections 385-387 of the Criminal Procedure Code, which provide for an inquest in cases of suspicious deaths, but does not have the sorts of far-reaching powers provided by the Act. Unfortunately for IPOA and its civilian complainants, and in that typical Kenyan self-sabotage fashion, since the signing of the Act into law in July 2017, it remains gathering dust, and is still not operationalised.

 

X
The Recruitment Charade

However, after everything is said and done, one of IPOA’s persisting headaches remains the almost always scandalous police recruitment exercise. It goes without saying that if the National Police Service keeps filling its ranks with individuals not suited for policing, then no matter what interventions IPOA resorts to, its in-tray will forever remain full of cases of police misconduct by rogue officers, persons who were never fit to be part of the service from the word go. To date, no matter what IPOA or other statutory watchdog agencies like the Kenya National Commission on Human Rights (KNCHR) do, the problem of shoddy police recruitment has kept recurring, courtesy of the now perfected selective application of recruitment guidelines.

For starters, recruitment of police officers is the sole prerogative of the National Police Service Commission (NPSC), as recommended by the Ransley task force. However, the law allows the NPSC some discretion, through which it can delegate this responsibility to the Inspector General of Police. This, however, should not be a recipe for subpar recruitment, because the recruitment process should be strictly guided by the NPSC’s Legal Notice No. 41 of 2015. The legal regulations contain general provisions, recruitment categories, gender, regional and ethnic balance requirements, functions of the NPSC in the recruitment, advertising timelines and positions to be advertised for, contents of the advertisement, composition of recruitment panels, calendar of activities for the entire recruitment process, determination of successful candidates, disqualifications, a complaints management system, training schedule and issuance of certificates upon appointment, and submission of the recruitment report to Parliament.

More importantly, Regulations 11-15 of the Legal Notice prescribe a two-tier recruitment process, where in the initial stage, interested candidates submit applications to the NPSC, which having considered education qualifications, gender and ethnic balance, et cetera, is then required to shortlist three times the number of prospective officers it wishes to enlist at each of the recruitment centers. These names are then meant to be shared with the public so that any objections about the recruitment of any individual can be brought forth. Thereafter, the NPSC is supposed to conduct verification of documents as well as medical and physical aptitude examinations. Taking into consideration how rigorous the process should be, from the time of advertisement of vacancies to when the new recruits report to training, Regulation 17 of the Legal Notice provides for a 90-day period for completion of the recruitment cycle.

Unfortunately, the NPSC and the Inspector General of Police have continued practising their traditional one-day recruitment exercises, where they focus not on intellectual aptitude, as the two-tier processes envisions, but give prominence to physical attributes. Aside from that, flawed advertisement processes, lack of public participation, cases of bribery and patronage, and the locking out of observers – who are mandated by law to have access to the entire recruitment process – continue to be the order of the day.

In July 2014, the newly established IPOA took a bold step by taking the NPSC to court after it observed incidents of corruption, fraud and massive irregularities during recruitment. IPOA sought for nullification of the entire exercise, prayers which were granted by the High Court. On appeal, IPOA’s victory was upheld by the Court of Appeal under Petition No. 390 of 2014 and Civil Appeal No. 324 of 2014 (The Recruitment Decisions). According to those in the know, the government did not look at IPOA’s actions favourably, resulting in reported cases of not-so-subtle intimidation, with strong attempts at creating factions within the IPOA board.

Unfortunately, the NPSC and the Inspector General of Police have continued practising their traditional one-day recruitment exercises, where they focus not on intellectual aptitude, as the two-tier processes envisions, but give prominence to physical attributes.

In a sad turn of events, neither the NPSC nor the Inspector General of Police seemed to have learnt their lesson. Two years later, the Kenya National Commission on Human Rights (KNCHR) released a comprehensive report titled ‘‘DisService to the Service: Report of the Monitoring of the 2016 Recruitment of Police Constables to the National Police Service’’, in which it extensively observed that police recruitment continued being marred with serious irregularities characterised by interference from the executive arm of government and a total disregard of the two-tier process, which is meant to attract a higher calibre of trainee officers.

In one of its pleadings, the KNCHR wrote, ‘‘The continuous lack of adherence to follow the two-tier process means that achieving professionalism within the National Police Service will remain a pipe dream. The recruitment process serves as the point of entry into the service, and thus any attempts at professionalising the service should begin at this level.’’

Therefore under the prevailing circumstances, where regulations are ignored at will by the highest organs of the state, IPOA will remain a lame-duck mitigating force inside a garbage-in garbage-out setup.

 

This report is a criminal human rights reporting project of Africa Uncensored and the Institute of War and Peace Reporting (IWPR).

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Isaac Otidi Amuke is a Kenyan writer and journalist.

Politics

Moving to the Metropole: Migration as Revolution

In an act that should be seen as revolutionary, Africans are moving to the centre to benefit from the resources that continue to be extracted from their continent.

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Moving to the Metropole: Migration as Revolution
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When African students and other black persons escaping Ukraine at the start of the Ukraine-Russia conflict were being ejected from exiting transport (trains and busses) and denied entry into neighbouring Poland, many Africans were enraged with the shameless display of racism. One of these Africans was a middle-aged man from Congo—must have been a graduate student—only recently settled in Germany. Seated inside a café at the Berlin central train station with five of his German and British friends, he exploded: “One wonders how they built all these things? From where did you get all this money? Look where we are, this Hauptbahnof [main train station] must have consumed a fortune. The vehicles you make? No way!” His monologue lasted a while as his friends listened either in agreement or disbelief: “This is our money,” he went on.  “This is why you never stop these civil wars on the continent only to treat us like sub-humans. But we will not stop coming, whatever the cost!” he declared. His voice sounded austere, choked with emotion. None of his friends volunteered an immediate response. Then one said, this Ukraine situation is embarrassing.

While the angry tirade was sparked by the treatment of Africans trying to escape a war zone, clearly, this man had thought about all this stuff for some time. He must have been educated or observant enough to make the connections between the extraction back home in the DRC, the endless violent wars, the resources in Europe (as coming from his home), and the racist treatment of his kindred who otherwise deserve some respect for sustaining the beautiful lifestyles and infrastructures of the western world. Had he listened to Mallence Bart-Williams’ viral TEDx Talk? The story of this Congolese man, whom I will call Tshibumba Matulu (after the painter Tshibumba Matulu that Dutch anthropologist, Johannes Fabian writes about in Remembering the Present) is the story of “the metropole and the periphery” that dependency theorists Samir Amin, Immanuel Wallerstein and Andre Gunder Frank developed in the 1970s and 1980s. The last line of his vitriol is interesting enough in the sense that now, Africans are seeking to see the world as one whole and thus determined to move to the centre—follow up on and seek to enjoy their resources—at whatever cost. Indeed, despite the innumerable roadblocks (immigration laws, expensive and convoluted visa processes, slave traders in the Maghreb, drowning in the Mediterranean, rank racism, and Islamophobia in the western world), Africans are moving to the centre, to the metropole, en masse. They are determined to follow up on their resources.

This is the story of both the open and disguised violence of neoliberalism, where Africa is heavily mined on the cheap, exploited through unequal exchange, climate/conservation colonialism, with the proceeds coming from African human and natural resources being stolen through inexplicable claims of value addition. This point of view has been recently, succinctly and loudly expressed by Italian Prime Minister Giorgia Meloni in her fight with French President Emmanuel Macron over immigration policies in Europe. Known for her anti-immigrant policies, Meloni’s (selfish) position is that if the French stopped stealing resources from 14 African countries through the clearly colonial and extortionist CFA, Africans would not be forced to make the dangerous journeys to Europe (where, by implication, they come to follow up on their resources, which are violently extracted leaving behind absolute poverty and suffering). In that viral clip doing the rounds across the globe, Meloni concludes that the solution to stop Africans from moving from their country to Europe is to leave them alone and have them receive the full benefit of their God-given resources:

So, the solution is not to take Africans and bring them to Europe, the solution is to free Africa from certain Europeans [especially France] who exploit it and allow these people to live off what they have.

While this message seemed directed at the French, the spread of (both violent and structural) capitalism across the African continent is real and threatening. With the collapse of the African economies about 30 years ago (via structural adjustment programmes), where foreign-owned companies returned under the neoliberal order and took over Africa’s major resources or the pillars upon which these economies stood—mineral resources (gold, oil, coffee, diamonds), banking, telecommunications, selling of agricultural products which used to be a function of cooperatives and direct government help—the continent has been left in a clear condition of morbidity. The bold choice, which I argue should be seen as revolutionary, is to move to the centre and demand the benefits of the resources that have been endlessly stolen from the continent, violently and through disguised extractivist structures.

***

Being a Congolese from Goma, Tshibumba Matulu must have witnessed the scramble for Congolese resources by the rich and mighty of the western world very up-close and personal—Dan Gertler International (DGI), Glencore Plc. and Alain Goetz, all of whom have a strong foothold in the country’s mining sector. These multinational companies own almost all the mining sites in the DRC, and have been implicated in the unending violence in the country, which is connected to the ways in which resources are mined. Take South Sudan as the other example where Glencore has a strong foothold in South Sudanese oil. In early November 2022, Glencore Plc. executives were found guilty of bribing the South Sudanese leadership—starting just four weeks after the country’s independence—as “they sought to profit from political turmoil . . . they inserted themselves into government-to-government deals that had been negotiated at preferential rates”.  The Africa Progress Panel estimated that in a period of two years (2010-2012), DRC lost US$1.3 billion in asset sales to DGI. A 2021 study showed that DRC risked losing US$3.71 billion to controversial Israeli businessman Dan Gertler. This is a lot of money—which ends up in Israel where Gertler is one of the richest men and has been controversially implicated in a thousand scandals in Congo. To understand the fact that modern extraction follows a colonial model, one has to appreciate the fact that colonialism’s extraction was and is always outsourced to corporations. King Leopold operated in his individual capacity as a businessman, using his loot to build estates, infrastructures and palaces in Belgium (and not on the African continent). That an independent businessman, Dan Gertler, would promise guns to a government and actually deliver on his promise exposes the ways in which governments in the west outsource businessmen to colonise Africa on their behalf.

These multinational companies own almost all the mining sites in the DRC, and have been implicated in the unending violence in the country.

Dependency theory so succinctly exposed the roots and execution of underdevelopment in Black Africa, which is, in brief, resources being extracted on the cheap from the periphery (Africa), to be moved and generate more value in the metropole. If these resources ever come back to the continent (Latin America or Africa), they return more expensively. In this periphery-metropole dichotomy, endless capitalist exploitation (which mostly thrives on violence) not only depletes resources and opportunities at the periphery, but also makes life unliveable and unbearable. It then enacts tougher controls to keep the peoples of the periphery at the periphery so that they do not move to the metropole and overwhelm its amenities. This is why African journeys to the metropole are not only dangerous, but are also defined by more drama that tends to generate an incredible amount of grim news broadcasts. Dependency theory does not explicitly follow up on the revolutionary journeys where the exploited—like Tshibumba Matulu—painstakingly seek the benefits of their resources in the metropole. This is perhaps because it pursued another route out of this colonial conundrum, which was to de-link the metropole from the periphery.

Capitalism’s violence, revolutionary journeys

Transiting through airports in Dubai or Doha, one will encounter East African languages, especially Kiswahili and Luganda. Manning a counter in twos or threes, staff tend to speak to each other in their languages. While duty stations may not be allocated depending on the mutual native linguistic intelligibility between workers, since all speak English, somehow, workers from the same Great Lakes linguistic community find themselves together. That the numbers of labour migrants moving to the Middle East have soared over the past years is not just testament to the availability of job opportunities in the Middle East, but also to the dire conditions in which they live in their countries—conditions made difficult by the capitalist neoliberal reforms of the 1980s, and in some cases by conflict (especially in Northern Uganda, Karamoja, Turkana areas, South Sudan and Somalia). Middle Eastern salaries are not the greatest attraction as they range between US$600 and US$900 depending on seniority (far much less for domestic work). But that the same amounts cannot be earned back home speaks more to the dire conditions at home.

Data from the Uganda Ministry of Gender, Labour and Social Development published in the Daily Monitor, indicates that for the last six years (2016-2022), an average of 24,086 Ugandans left the country annually in search of employment, especially in the Middle East. What makes conditions so hostile in the Great Lakes Region?  Besides Somalia and Central African Republic—where there is outright violence—why is the scale of movement of young people in particular so high in the Great Lakes region? It is the ravages of both internal capitalism (by the petty bourgeoisies) and foreign capital moving from South Africa northwards, but also coming from Europe and North America—and China exploiting the neoliberal environment. This is evident in cases of land grabbing, forced evictions, refugee crises caused by resource wars, especially in DRC and South Sudan, and the terrible business environment in the region.

Dependency theory does not explicitly follow up on the revolutionary journeys where the exploited painstakingly seek the benefits of their resources in the metropole.

Theoretically and practically, without the violence of the state and other related state actors, it is difficult for capitalism to reproduce itself.  States do not only set the conditions under which extraction occurs (such as banking regimes, neoliberal regimes), but they are also ready to commit violence on the exploited. In Uganda, cases of land grabbing by local capitalists have made land ownership and agriculture difficult. In other cases, collusion between the state and foreign capitalists to evict peasants off their lands is causing first, rural urban-migration, and then journeys abroad. Among the most memorable cases is that of the 2001 evictions in Mubende where the German coffee company Neumann Gruppe used outright violence (with the help of the state), including shooting, burning houses and animals, and maiming people to create way for a coffee plantation. Over 2,000 families remain destitute and are yet to find justice. Faced with mass unemployment, extortionist banking regimes with high interest rates that have stymied creativity and made business difficult across East Africa, many young people struggle to start thriving businesses.

Violent evictions have also taken place in Kenya and Tanzania to create way for capitalist expansion or capitalist ostentation (Franz Fanon warned that political elites would turn the continent into an entertainment centre for foreign capitalists). This is the story in Samburu where evictions have taken place to create way for American charities. It is the story of the green colonialism that led to the Ogiek and Maasai evictions from the Mau Forest in the name of conservation. Guillaume Blanc’s recently published book, The Invention of Green Colonialism, demonstrates how the rhetoric of conservation (by colonially founded organisations including UNESCO, WWF, IUCN) perpetuates a colonial model of conservation that privileges animals and plants over humans. While capitalists in Europe and North America—consuming endlessly—have destroyed nature, they have maintained a mythical, fictionalised Eden in Africa, insisting that peasants, who have developed ways of coexisting with nature, who eat very little meat, have neither cars, nor computers nor smartphones, are a danger to the environment. They are evicted from huge swathes of land that are then reserved for white people to hunt and gaze at wild animals.

Away from the forests and the plains, the poor are also being “cleansed” from the capital cities. The 2021 Mukuru Kwa Njega eviction in Nairobi that left 40,000 people homeless is etched in the memories of Kenyans. In what Mwaura Mwangi aptly termed “Demolition Colonialism”, thousands of poor Nairobians have had their houses demolished so that the rich can enjoy easy transit. This is not anti-development position, but rather a reading that seeks to recognise the rights of the poor, and make visible the history of slums in major cities across Africa.

Theoretically and practically, without the violence of the state and other related state actors, it is difficult for capitalism to reproduce itself.

Then come the wars in the DRC, Somalia, CAR, and South Sudan—a product of business dealings by multinationals including Glencore and CNOOC, among others— that have led to an increase in refugees numbers, now reaching 2.3 million people according to UNHCR. In his book Saviours and Survivors, Mahmood Mamdani implicates CNOOC and ExxonMobil in protecting oil wells using different rebel groups in the Sudan-South Sudan conflict. The end product of these clandestine oil dealings are the over 1.5 million refugees hosted in Uganda, making it the country with the largest number of refugees in the world. The influx of people escaping resource-related conflicts has overwhelmed resources in the Great Lakes region.  And while many of the refugees will stay in the region, many others are making the journey to the Middle East, to Europe and to North America.

With all this aggressive capitalist expansion manifesting in different forms, the African in the Great Lakes (and other places on the continent) is left with no choice but to make the journey to Europe and to North America. I want to read these journeys not just as migration, but as revolution. They might seem puny, unorganised and migrating out of desperate need, but Africans are moving to the centre to benefit from the resources that continue to be extracted from their continent. This is how the extractors perceive these journeys—not as migration, but as revolution—which explains why there are so many roadblocks along the way.

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The Campaign that Remembered Nothing and Forgot Nothing

Once a master of coalition building, Raila Odinga killed his own party and brand, handed over his backyard to William Ruto, threw in his lot with Uhuru Kenyatta, ended up being branded a “state project”, and lost.

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The Original sin

A seasoned Nairobi politician, Timothy Wanyonyi had cut a niche for himself in the Nairobi governor’s race that was filled with a dozen candidates who had up to that point not quite captured the imagination of Nairobians. Some candidates were facing questions over their academic qualifications while others were without a well-defined public profile. In that field Wanyonyi, an experienced Nairobi politician, stood out. On 19th April, the Westlands MP’s campaign team was canvasing for him in Kawangware. They had sent pictures and videos to news teams seeking coverage. But that evening their candidate would receive a phone call to attend a meeting at State House Nairobi that would put an end to his campaign. Before Tim made his way to State House, insiders around President Uhuru Kenyatta told reporters that Wanyonyi was out of the Nairobi governor’s race.

Wanyonyi’s rallying call “Si Mimi, ni Sisi”—a spin on US Senator Bernie Sanders’ “Not me. Us” 2020 presidential campaign slogan—distinguished him as a candidate who understood the anxieties of Nairobians. “They were looking for someone who would see the city as a home first, before seeing it as a business centre,” one of his political consultants told me. But the Azimio coalition to which Wanyonyi’s ODM party belonged was very broad, with several centres of power that didn’t take into account—or maybe didn’t care about— Nairobi’s political landscape. Wanyonyi’s candidacy was hastily sacrificed at the altar of the coalition’s politics. Former President Uhuru Kenyatta, the coalition’s chairman, had prevailed on Raila Odinga, its presidential candidate, to essentially leave Nairobi to Kenyatta’s Jubilee Party in exchange for ODM picking the presidential candidate.

That was the only consideration on the table.

However, it was a miscalculation by the coalition. Azimio failed to appreciate the complex matrix that is a presidential election in Kenya. While the top ticket affects the races downstream, it can be argued that the reverse is also true. It is ironic that Raila Odinga, a power broker and a master of coalition building who was running for presidency for the fifth time, was choosing to ignore these principles. His own ascension in politics had been based on building a machine—ODM—that he used carefully during every election cycle. Yet in this election he was killing his own party and brand. The Azimio La Umoja coalition party was built as a party of parties that would be the vehicle Raila would use to contest the presidency. However, the constituent parties were free to sponsor parliamentary candidates. It sounded like a good idea on paper but it created friction as the parties found themselves in competition everywhere. To keep Azimio from fracturing both itself and its votes, the idea of “zoning”—having weaker candidates step down for stronger ones, essentially carving out exclusive zones for parties—gained traction, and would itself lead to major fall-outs, even after it was adopted as official Azimio policy in June.

However, beyond the zoning controversy, Wanyonyi’s candidacy served as a marker for a key block of Odinga voters—the Luhya—assuring them of their place within the Azimio coalition. Luhya voters have been Odinga’s insurance policy during his last three presidential runs. With Nyanza and the four western Kenya counties of Kakamega, Bungoma, Vihiga and Busia in his back pocket, he would be free to pick up other regions. Odinga claimed 71 per cent of the Luhya bloc in 2017 but this time, western voters were feeling jittery about the new political arrangements.

There is also another consideration. The Luhya voting bloc in Nairobi is also significant, and Odinga had carried the capital in his previous three presidential runs. The Nairobi electoral map is largely organized around five big groups: the Kikuyu, Luo, Luhya, Kamba, and Kisii. For the ODM party, having a combination of a Luo-Luhya voting bloc in Nairobi has enabled Odinga to take the city and to be a force to reckon with.

However, it appeared that all these factors were of no importance in 2022. So, Tim Wanyonyi was forced out of the race. He protested. Or attempted to. Western Kenya voters were furious, but who cared?

Miscalculation

The morning after the State House meeting, a group calling themselves Luhya professionals had strong words for both Odinga and Azimio.

“We refuse to be used as a ladder for other political expediencies whenever there is an election,” Philip Kisia, who was the chairman of this loose “professional group” said during a press conference that paraded the faces of political players from the Luhya community. The community had “irreducible minimum” and would not allow itself to “to be used again this time.” Other speakers at that press conference—including ODM Secretary General Edwin Sifuna—laid claim to what they called the place of the Luhya community in Nairobi. The political relationship between Luhyas and Luos has not been without tensions; in the aftermath of the opposition’s unravelling in the 90s, Michael Kijana Wamalwa and Raila Odinga fought for supremacy within the Ford Kenya party. Wamalwa believed the throne left by Jaramogi Oginga Odinga was his for the taking. However, Odinga’s son, Raila, mounted a challenge for the control of the party, eventually leaving Ford Kenya to build his own party, the National Development Party (NDP). The Luhya-Luo relationship was broken. Luhya sentiment was that, having been faithful to Odinga’s father, it was time for Wamalwa to lead the opposition.

These old political wounds have flared up during every election cycle, and Raila Odinga has worked for decades to reassure the voting bloc and bury the hatchet. This time, however, he was different. He didn’t seem to care about those fragile egos. After the press conference, a strategist in Odinga’s camp wondered aloud, “Who will they [Luhyas] vote for?”

The next 21 days were to be pivotal for Kenya’s presidential election. Azimio moved on and introduced Polycarp Igathe as their candidate for Nairobi. A former deputy governor in Nairobi who had quit just months after taking office, Igathe is well known for his C-suite jobs and intimate links to the Kenyan political elite. His selection, though, played perfectly into the rival Kenya Kwanza coalition’s “hustlers vs dynasties” narrative which sought to frame the 2022 elections as a contest between the political families that have dominated Kenya’s politics and economy since independence. The sons of a former vice president and president respectively, Odinga and Uhuru were branded as dynasties while the then deputy president claimed for himself the title of “hustler”.

These old political wounds have flared up during every election cycle, and Raila Odinga has worked for decades to reassure the voting bloc and bury the hatchet.

But, William Ruto’s side also saw something else in that moment—an opportunity to get a chunk of the important Luhya vote. Ruto first entered into a coalition with Musalia Mudavadi, selling their alliance as a “partnership of equals”, and then followed that up with the offer of a Luhya gubernatorial candidate to Nairobians in the name of Senator Johnson Koskei Sakaja.

Meanwhile, Wanyonyi’s half-brother, the current Speaker of the National Assembly, Moses Wetangula, was a principle in Ruto’s camp. Up to this point, Wetangula had struggled to find a coherent message to sell Ruto’s candidacy to the Luhya nation. But, with his brother being shafted by Azimio, Wetangula saw a political opening; he quickly called a press conference and complained bitterly about the “unfair Odinga” whom he said the Luhya community would not support for “denying their son a ticket to run for the seat of the governor of Nairobi”. His press conference went almost unnoticed and it is not even clear if Azimio took notice of the political significance of Wetangula’s protestations.

Azimio had offered their opponents an inroad into western Kenya politics and Ruto wasted little time trying turn a key Odinga voting bloc. With Sakaja confirmed as the Kenya Kwanza candidate for the Nairobi governor’s race, Wetangula and Kenya Kwanza made Western Kenya a centrepiece of their path to presidency. Tim Wanyonyi was presented as a martyr. The Ford Kenya leader took to all the radio stations, taking calls or sending emissaries, to declare Odinga’s betrayal. In the days and weeks that followed, William Ruto would make a dozen more visits to Luhyaland than his rival, assuring the voters that there would be a central place reserved for them in his administration. In contrast, on a visit to western Kenya, Raila Odinga expressed anger that an opinion poll had shown him trailing Ruto in Bungoma. “He is at nearly 60 per cent and I am at 40 per cent. Shame on you people! Shame on you people! Shame on you!” he told the crowd. He would eventually lose Bungoma and Trans Nzoia to William Ruto.

To be sure, Odinga won western Kenya with 55 per cent of the vote, but William Ruto had 45 per cent, enough to light his path to the presidency. He would repeat the same feat in Nairobi and coast regions, traditionally Odinga strongholds where he would have expected to bag upwards of 60 per cent of the vote. Azimio modelling had put these regions in Raila’s column but Kenya Kwanza took advantage of the mistake-prone Odinga. And wherever Odinga blundered, Ruto mopped up. As Speaker, Wetangula is today the third most powerful man in in the country. Yet just four years ago, he was an Odinga ally who had been stripped off his duties as a minority leader in the Senate by Odinga’s ODM party. At the time he warned that the divorce “would be messy, it would be noisy, it would be unhelpful, it would not be easy, it would have casualties”. It was the first of many political blunders that Odinga would make.

Unforced errors

Looking back, Odinga’s 2022 run for the presidency had all the hallmarks of a campaign that didn’t know what it didn’t know; it was filled with assumptions, and sometimes made the wrong judgment calls. By handing over his backyard to Ruto and choosing to ally with President Uhuru Kenyatta, Raila ended up being branded a “state project”.

In 2005, Odinga had used the momentum generated by his successful campaign in a referendum against Mwai Kibaki’s attempt to foist on the country a bastardized version of the constitution negotiated in Bomas to launch early campaigns for his 2007 presidential run. However, this time, as the courts hamstrung his attempt to launch the BBI referendum, Ruto was already off to the races, having begun his presidential campaign three years early.

“He is at nearly 60 per cent and I am at 40 per cent. Shame on you people! Shame on you people! Shame on you!”

With the rejection of constitutional changes, which were found to be deeply unpopular among many Kenyans, Odinga was finally in a strange place, a politician now out of touch, defending an unpopular government, a stranger to his own political base. The failure of BBI as a political tool was really the consequence of Odinga’s and Kenyatta’s inability to understand the ever-changing Kenyan political landscape. Numerous times they just seemed to not know how to deal with the dynamism of William Ruto. He would shape-shift, change the national conversation, and nothing they threw at him seemed to stick, including, corruption allegations. For a politician who created the branding of opponents as his tool, Odinga had finally been branded and it stuck.

Bow out

In the final day of the campaigns, both camps chose Nairobi to make their final submissions. Azimio chose Kasarani stadium. It was, as expected, full of colour, with a Tanzanian celebrity musician, Diamond Platnumz, brought in to boot. Supporters were treated to rushed speeches by politicians who had somewhere else to be. Azimio concluded its final submission early and the speeches by Odinga and his running mate, Martha Karua, weren’t exactly a rallying call. It was as if they were happy to be put out of their pain as they quickly stepped off the stage and left the stadium. In contrast, Ruto’s final submission was filled with speeches of fury by politicians angered by “state capture” and the “failing economy”. Speaker after speaker roused the audience with their defiant messages. They ended the meeting an hour before the end of IEBC campaign deadline. A video soon appeared online of William Ruto sprinting across the Wilson airport runway to catch a chopper and make it to one final rally in central Kenya before the IEBC’s 6 p.m. campaign deadline.

Pictures of the deputy president on top of a car at dusk in markets in Kiambu were the last images of his campaign to be shared on social media. Ruto won because he wanted the presidency more than Odinga and was willing to work twice as hard as both Odinga and Kenyatta.

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Lagos From Its Margins: Everyday Experiences in a Migrant Haven

From its beginnings as a fishing village, Lagos has grown into a large metropolis that attracts migrants seeking opportunity or Internally Displaced Persons fleeing violence.

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Lagos, City of Migrants

From its origins as a fishing village in the 1600s, Lagos has urbanised stealthily into a vast metropolis, wielding extensive economic, political and cultural influence on Nigeria and beyond. Migration in search of opportunities has been the major factor responsible for the demographic and spatial growth of the city as Lagos has grown from 60,221 in 1872 to over 23 million people today. The expansion of the city also comes with tensions around indigene-settler dynamics, especially in accessing land, political influence and urban resources. There are also categories of migrants whose status determines if they can lay hold of the “urban advantage” that relocating to a large city offers.

A major impetus to the evolution of modern Lagos is the migration of diverse groups of people from Nigeria’s hinterland and beyond. By the 1800s, waves of migrants (freed slaves) from Brazil and Freetown had made their way to Lagos, while many from Nigeria’s hinterland including the Ekiti, Nupes, Egbas and Ijebus began to settle in ethnic enclaves across the city. In the 1900s, migrant enclaves were based on socio-economic and/or ethnicity status. Hausas (including returnees from the Burma war) settled in Obalende and Agege, while the Ijaw and Itsekiri settled in waterfront communities around Ajegunle and Ijora. International migrant communities include the Togolese, Beninoise and Ghanaian, as well as large communities of Lebanese and Indian migrants. The names and socio-cultural mix in most Lagos communities derive from these historical migrant trajectories.

Permanent temporalities

A study on coordinated migrations found that, as a destination city, Lagos grew 18.6 per cent between 2000 and 2012, with about 96 per cent of the migrants coming from within Nigeria. While migration to Lagos has traditionally been in search of economic opportunities, new classes of migrants have emerged over the last few decades. These are itinerant migrants and internally displaced persons.

Itinerant migrants are those from other areas of Nigeria and West Africa who travel to work in Lagos while keeping their families back home. Mobility cycles can be weekly, monthly or seasonal. Such migrants have no address in Lagos as they often sleep at their work premises or in mosques, saving all their earned income for remittance. They include construction artisans from Benin and Togo who come to Lagos only when they have jobs, farmers from Nigeria’s northern states who come to Lagos to work as casual labourers in between farming seasons (see box), as well as junior staff in government and corporate offices whose income is simply too small to cover the high cost of living in Lagos.

While people from Nigeria’s hinterland continue to arrive in the city in droves, the wave of West African in-migration has ebbed significantly. This is mostly because of the economic challenges Nigeria is currently facing that have crashed the Naira-to-CFA exchange rates. As a result, young men from Togo, Ghana and Benin are finding cities like Dakar and Banjul more attractive than Lagos.

Photo. Taibat Lawanson

Photo. Taibat Lawanson

Aliu* aka Mr Bushman, from Sokoto, Age 28

Aliu came to Lagos in 2009 on the back of a cattle truck. His first job was in the market carrying goods for market patrons. He slept in the neighbourhood mosque with other young boys. Over the years, he has done a number of odd jobs including construction work. In 2014, he started to work as a commercial motorcyclist (okada) and later got the opportunity to learn how to repair them. He calls himself an engineer and for the past four years has earned his income exclusively from riding and repairing okada. Even though he can afford to rent a room, he currently lives in a shared shack with seven other migrants.

He makes between N5000 and N8000 weekly and sends most of it to his family through a local transport operator who goes to Sokoto weekly. His wife and three children are in the village, but he would rather send them money than bring them to Lagos. According to him, “The life in Lagos is too hard for women”.

Since he came to Lagos thirteen years ago, Aliu has never spent more than four months away from Sokoto at a time. He stays in Sokoto during the rainy season to farm rice, maize and guinea corn, and has travelled back home to vote every time since he came to Lagos.

 

The second category of migrants are those who have been displaced from their homesteads in Northern Nigeria by conflict, either Boko Haram insurgency or invasions by Fulani herdsmen. The crises have resulted in the violent destruction of many communities, with hundreds of thousands killed and many more forced to flee. With many who initially settled in camps for Internally Displaced Persons (IDP) dissatisfied with camp conditions, the burden of protracted displacement is now spurring a new wave of IDP migration to urban areas. Even though empirical data on the exact number of displaced persons migrating out of camps to cities is difficult to ascertain, it is obvious that this category of migrants are negotiating their access to the city and its resources in circumstances quite different from those of other categories of migrants.

IDPs as the emerging migrant class in Lagos 

According to the United Nations High Commission for Refugees, two of every three internally displaced persons globally are now living in cities. Evidence from Nigeria suggests that many IDPs are migrating to urban areas in search of relative safety and resettlement opportunities, with Lagos estimated to host the highest number of independent IDP migrants in the country. In moving to Lagos, IDPs are shaping the city in a number of ways including appropriating public spaces and accelerating the formation of new settlements.

There are three government-supported IDP camps in the city, with anecdotal evidence pointing to about eighteen informal IDP shack communities across the city’s peri-urban axis. This correlates with studies from other cities that highlight how this category of habitations (as initial shelter solutions for self-settled IDPs) accelerate the formation of new urban informal settlements and spatial agglomerations of poverty and vulnerability.

While people from Nigeria’s hinterland continue to arrive in the city in droves, the wave of West African in-migration has ebbed significantly.

IDPs in Lagos move around a lot. Adamu, who currently lives in Owode Mango—a shack community near the Lagos Free Trade zone—and has been a victim of forced eviction four times said, “As they [government or land owners] get ready to demolish this place and render us homeless again, we will move to another area and live there until they catch up with us.”

In the last ten years, there has been an increase in the number of homeless people on the streets of Lagos—either living under bridges, in public parks or incomplete buildings. Many of them are IDPs who are new migrants, and unable to access the support necessary to ease their entry into the city’s established slums or government IDP camps. Marcus, who came from Adamawa State in 2017 and has been living under the Obalende Bridge for five years, said, “I am still managing, living under the bridge. I won’t do this forever, my life will not end like this under a bridge. I hope to one day return to my home and continue my life”.

Blending in or not: Urban integration strategies 

Urban integration can be a real challenge for IDP migrants. Whereas voluntary migrants are often perceived to be legal entrants to the city and so can lay claim to urban resources, the same cannot be said about IDPs. Despite being citizens, and despite Nigeria being a federation, IDPs do not have the same rights as other citizens in many Nigerian cities and constantly face stigmatisation and harassment, which reinforces their penchant for enclaving.

The lack of appropriate documentation and skillsets also denies migrants full entry into the socio-economic system. For example, Rebekah said: “I had my WAEC [Senior Secondary school leaving certificate] results and when Boko Haram burnt our village, our family lost everything including my certificates. But how can I continue my education when I have not been able to get it? I have to do handwork [informal labour] now”. IDP children make up a significant proportion of out-of-school children in Lagos as many are unable to get registered in school simply because of a lack of address.

Most IDPs survive by deploying social capital—especially ethnic and religious ties. IDP ethnic groupings are quite organized; most belong to an ethnic-affiliated group and consider this as particularly beneficial to their resettlement and sense of identity in Lagos. Adamu from Chibok said, “When I come to Lagos in 2017, I come straight to Eleko. My brother [kinsman] help me with house, and he buy food for my family. As I no get work, he teach me okada work wey he dey do.”

The crises have resulted in the violent destruction of many communities, with hundreds of thousands killed and many more forced to flee.

Interestingly, migration to the city can also be good for women as many who were hitherto unemployed due to cultural barriers are now able to work. Mary who fled Benue with her family due to farmer-herder clashes explained, “When we were at home [in Benue], I was assisting my husband with farming, but here in Lagos, I have my own small shop where I sell food. Now I have my own money and my own work.”

Need for targeted interventions for vulnerable Lagosians

“Survival of the fittest” is an everyday maxim in the city of Lagos. For migrants, this is especially true as they are not entitled to any form of structured support from the government. Self-settlement is therefore daunting, especially in light of systemic limiting factors.

Migrants are attracted to big cities based on perceived economic opportunities, and with limited integration, their survival strategies are inevitably changing the spatial configurations of Lagos. While the city government is actively promoting urban renewal, IDP enclaving is creating new slums. Therefore, addressing the contextualised needs of urban migrant groups is a sine qua non for inclusive and sustainable urban development.

“I am still managing, living under the bridge. I won’t do this forever, my life will not end like this under a bridge. I hope to one day return to my home and continue my life”.

There is an established protocol for supporting international refugees. However, the same cannot be said for IDPs who are Nigerian citizens. They do not enjoy structured support outside of camps, and we have seen that camps are not an effective long-term solution to displacement. There is a high rate of IDP mobility to cities like Lagos, which establishes the fact that cities are an integral part of the future of humanitarian crisis. Their current survival strategies are not necessarily harnessing the urban advantage, especially due to lack of official recognition and documentation. It is therefore imperative that humanitarian frameworks take into account the role of cities and also the peculiarities of IDP migrations to them.

Lagos remains a choice destination city and there is therefore need to pay more attention to understanding the patterns, processes and implications of migration into the city. The paucity of migration-related empirical data no doubt inhibits effective planning for economic and social development. Availability of disaggregated migration data will assist the state to develop targeted interventions for the various categories of vulnerable Lagosians.  Furthermore, targeted support for migrant groups must leverage existing social networks, especially the organised ethnic and religious groups that migrants lean on for entry into the city and for urban integration.

*All names used in this article are pseudonyms

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