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Daniel arap Moi and the Politics of Kenya’s Release

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Much has been written about Daniel arap Moi, and his death has uncorked a litany of previously hidden details and insights into the Shakespearian drama he presided over while in office. But how do we evaluate the legacy of Moi’s agency during his time in office?

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Daniel arap Moi and the Politics of Kenya’s Release
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The death of Daniel Toroitich arap Moi on 4 February triggered a predictable avalanche of contradictory responses. The national media has led the canonisation campaign while a range of other Kenyans sniped at the “Professor’s” poor human rights record and state corruption. BBC correspondent Dickens Olewe reported that Moi left a legacy that will be vigorously debated in the wake of his death, underscoring that “Kenya has changed a lot since Mr Moi left office but his influence will continue to be felt for a long time”.

The resurrection of the Kenya African National Union has already proved to be one of the former President’s most durable achievements. Moi revived the moribund party that brought Kenya independence as the vehicle for his patrimonial rule. The observation that KANU is still ruling the nation is one of the truisms of Kenyan political exegesis. The names and slogans have changed, but the political monoculture that was seeded by Jomo Kenyatta and watered by Moi has held sway over each successive government.

Moi himself was a more elusive phenomenon. His generous and magnanimous persona masked his political acumen. Moi’s two terms under the multi-party regime complicated the enigmatic leader’s profile considerably, adding another decade to the President’s long conversation with the nation. Most of this conversation occurred on the stump where for decades he reiterated his mantra of peace, love and unity with metronomic consistency.

Heavy-handed and despotic after the chaotic 1982 coup attempt, his two terms under the multi-party system allowed the President to sharpen his skills and play the political trickster exposing the opposition’s motivations as no different from those of his own KANU sycophants.

The political monoculture that was seeded by Jomo Kenyatta and watered by Moi has held sway over each successive government

“You Kenyans,” he once berated a large assembly of wananchi, “you Kenyans are a very difficult people to govern!”

The constant succession of schemes, gambits, and political gimmicks served up by his cronies and opponents alike validated his credentials as a mariner in a turbulent ocean. Moi kept the ship of state moving forward at a time when a mix of internal and external forces deemed African governance to be more a case of good seamanship than the neoliberal navigation advocated by the country’s Western partners.

All of this makes sorting out the Moi legacy a highly cautionary exercise. People who were not around for the grand political trope Moi set in motion may not understand what the fuss is about. He was a corrupt and long-serving autocrat who cracked heads. But it is nevertheless important to recognise how the death of a leader serves to crystallize a nation’s perception of itself, and how it got to where it is now.

Political History as System Cycles: Exploitation and Conservation

History comes in different packages. Sometimes it tells the story of empires and civilisations, other times it focuses on the life of great individuals. In recent times, scholars have focused on the social and cultural life of communities and nations to fill out the frame. Scientists have produced works of history detailing how soils, climate, and epidemics have molded life on earth across the eons.

More recently, the study of system dynamics has seen the ecological concepts reproduced across various disciplines, leading in turn to the rise of trans-disciplinary analyses of complex systems. The science of complexity defines decision-makers influencing how a given system behaves as agents—actors subject to larger forces that determine how the games they play are decided.

It is important to recognize how the death of a leader serves to crystallize a nation’s perception of itself, and how it got to where it is now

It follows that systemic influences shaped the landscape that Daniel arap Moi in turn shaped over the course of his 95 years. Much has been written about the man, and his death uncorked a litany of previously hidden details and insights into the Shakespearian drama he presided over while in office. But how do we evaluate the legacy of Moi’s agency during his time in office?

Kenya has undergone several transitions beginning in the run-up to European intervention. Models of ecological cycles provide one method for analysing the developmental dynamics underlying these transitions. Sanderson and Hollings, scholars associated with the resilience movement, have proposed that their model of ecological succession cycles is applicable to social systems.

The cycle encompasses four phases: exploitation, conservation, creative destruction or release, and renewal and reorganisation. These phases are best regarded as ideal types that unfold in an uneven manner with significant overlap. They nevertheless provide a useful backdrop for assessing the evolution of a given system, which in this instance is Moi’s Kenya.

The exploitation phase corresponds to the decades bookending the colonial interlude. Imperial intervention created a new political economy in Kenya based on large-scale agriculture and its state-based support structure dominated by a small ethnic elite. Kenya was both redesigned and reimagined from above as an aggregation of communities distinguished by linguistic and cultural markers and separated by territorial boundaries.

Colonialism instigated a new cycle of far-reaching change for the now politically and spatially bounded territory. In another historical iteration, the region’s borders could have followed different criteria. Left to its own devices, for example, the regional process may have lumped the decentralised societies of the Kenya highlands together with other Bantu speakers to the south and east, or a greater Cushitic nation could have emerged out of the vast rangelands of the Horn of Africa.

This may still happen over time. But the fact of the matter is that history conspired to merge an amalgamation of communities into a nation more variegated and diverse than the population of Europe. These communities share a space the size of France. The mix of ecologies and economies the new colony encapsulated made Kenya unique, even by the standards of this culturally diverse region. The British colonisers controlled the territory by simplifying the equation.

Exploitation was consolidated through the importation of institutions of governance and protocols adapted to the European experience. For the colonial administrators who found indigenous production systems in varying states of crisis and recovery following the disasters of the 1890s, the practical issue was generating the economic output necessary to finance the protectorate and soon-to-be colony. They built the railroad to Uganda, and most of the investment and change over the next eight decades occurred in the agricultural highlands it served.

The inhabitants of these areas bore the brunt of European occupation, which is not to say that the neglect of other communities was not exploitative. The incorporation of the indigenous population into the capitalist economy accelerated with the Swynnerton Plan of 1954, which shifted the role of the indigenous households from labourers to semi-autonomous producers.

This, and the inevitability of political independence, marked the beginning of the conservation phase. Jomo Kenyatta’s agency focused on the preservation of the post-colonial status quo, presided over by his ethnic cohorts with an element of power sharing incorporating a new caste of tribal power brokers into the ranks of the new elite.

Exploitation was consolidated through the importation of institutions of governance and protocols adapted to the European experience

Where other African leaders sought to move directly into the release phase and liberate their people from the political and mental dominance of external hegemonies, President Kenyatta opted to conserve the country’s economic configuration. “I cannot experiment with the lives of my people,” he told his fellow East African heads of State, the socialists Julius Nyerere and Milton Obote.

Conservation also involved expanding new avenues of accumulation within the post-independence economy. For over a decade Kenya achieved a combination of diversified economic growth and political stability. But the template remained the same: in 1975 coffee, tea, and petroleum products still provided 75 per cent of Kenya’s export earnings. Most Kenyans still derived their livelihoods from agriculture.

The development of the conservation phase reached its apogee during the coffee boom of 1977-78, prompting displays of conspicuous consumption. Ordinary Kenyans were treated to the spectacle of the highly publicised shopping trip to London of a group of coffee planters and their wives; they chartered an extra Boeing 747 to convey their purchases back to Kenya.

The country’s state capitalism reinforced large-scale production, formal sector enterprises, exchange controls and import substitution, a provincial administration controlling preferential access to resources and services, and an elitist education model. Although Kenya was a paragon of stability, there were cracks in the façade. Corruption was increasing and the one-party state had become a no-party state run by Kenyatta’s Kiambu kitchen cabinet.

Coffee came to symbolise the pinnacle of the development of the conservation phase. The industry’s subsequent decline is an interesting exemplar of release phase transitional dynamics. The shift from Kenyatta to the Moi regime described a similar arc of boom and decline. Kenya’s colonial blueprint had reached its natural limit as a small ethnic cabal controlled the government, and large swaths of the country were ruled as an internal colony.

Land ownership was a volatile manifestation of Kenya’s dual economy and structural inequality. In the 1979 census Kenya registered a 3.6 per cent population growth rate, and jumped to an unprecedented 4.1 in the 1989 census, guaranteeing decades of increasing pressure on the already hard-pressed economy and land resources. This configuration could not be sustained.

The transition from conservation to release was already underway when Moi took office in August of 1978. The vice president’s limited ability to grow his wealth despite his privileged position in Kenyatta’s government set him apart from Kenyatta’s inner circle. They regarded him as, “a passing cloud” although Mzee Kenyatta had rejected their assessment. They believed that Kenya needed a hard-nosed capitalist who could keep in check the unruly masses and the Marxist agitators who made a point of drinking their beer out of cow horns.

Two plots to remove Moi from the line of succession brought the fault lines into clear view. One involved amending the constitution, the other was the Ngoroko Squad, ostensibly an anti-poaching unit clandestinely created to remove the vice president and his key allies in the event of the death of the ailing Kenyatta.

The former failed following the intervention of the Attorney General, Charles Njonjo, and the other backfired when President Kenyatta died in Mombasa, allowing the Coast Provincial Commissioner to set in motion the swearing-in process before the Ngoroko Squad could intervene. Moi was to face many other threats over the course of his tenure.

Kenya’s Release Phase Political Dynamics

Forest succession is a commonly cited example of the ecological model featured here. The establishment of tree species corresponds to the exploitation phase, the maturing of trees supporting the greater arboreal ecology corresponds to the conservation phase, and destruction, usually by fire, triggers the release phase, which eventually gives way to reorganisation in the form of whatever similar or new ecological system follows in its place.

Ecological release is similar to the creative destruction of capitalism, a concept derived from Marx and popularised by the Austrian economist Joseph Schumpeter. The impact of ecological release, however, considerably exceeds the influence of Schumpeterian innovation in the business cycle. Release, in contrast, proceeds by breaking up the rigid conservative order, which takes the system into the more liquid, chaotic regime of complexity science.

Kenya needed a hard-nosed capitalist who could keep in check the unruly masses and the Marxist agitators who made a point of drinking their beer out of cow horns

Release rearranges established linkages, leading to a more fluid but turbulent state system, facilitating what Robert Kaufmann refers to as spontaneous internal organisation, a process strongly influenced by the system’s initial conditions. Reorganisation inevitably generates varying degrees of violence. Conflict, in the context of this case study, is a function of agents within the system pursuing different strategic objectives.

This is an important caveat qualifying the role of human agents, especially in a complex system like Kenya where the potential for political violence is always close to the surface. The criteria in this context is not based on ethical or moral considerations, but on how conflict affects the capacity to adapt and to navigate the system from release to the reorganisational phase.

When Kenya’s release cycle began to erode the post-independence order, most Kenyans attributed it to disruptive developments reverberating within the political arena. At the time, no one was able to anticipate the directionality of these developments and the trajectory that was set in motion. Most Kenyans hoped a blend of continuity and incremental change would prevail over the radical agenda of the Kenyatta state’s critics.

The new president was well aware of his vulnerable position when he took over. Kenyatta’s death generated a temporary mood of political reflection similar to the one we are currently witnessing. Moi took advantage of this by declaring he would fuata nyayo za Mzee, follow in the footsteps of Kenyatta. Most Kenyans were not familiar with the Swahili term for footstep (nyayo) when he made the declaration tethering the new regime to the conservative policies of the first government.

The idealistic goals of the post-independence neo-Marxists were fading across the continent. Nyayo governance became a form of adhocracy predicated on Moi’s vision of national unity, but otherwise unencumbered by any ideological orientation. The missionary Christianity of Moi’s upbringing only partially filled the space that it shared with the anti-intellectual biases and suspicion of external blueprints Moi displayed once he was in the chair. His intimate familiarity with the Kenya landscape and the behavioural proclivities of its inhabitants became the theory behind the trial and error process that characterised most of Moi’s time in office.

The prospects of a fresh start—Moi famously stated that sleeping in a bed of gold will not guarantee a good night’s sleep—reassured the body politic. But the sponsors of the change-the-constitution plot were unrepentant. They saw Moi as a soft target, an unsophisticated church-going country lackey who could be dealt with in due course.

Moi quickly adapted his low profile modus operandi to deal with the threat. The new Moi emerged as a master of ambiguity and unpredictability, sowing uncertainty to offset his weak power base. He began by instigating the pro-Nyayo and anti-Nyayo debate, which allowed him to cull his opponents in the Kenyatta network of high-ranking administrators and regional power barons.

This was the first in a series of often theatrical ploys played out in the public sphere. These tactics required no small amount of public acrobatics and reverse spin by the new coalition of political travellers and opportunists hitched to the Moi caravan. It was later extended to high-ranking civil servants, cabinet ministers, ambassadors, and other members of the Moi nomenklatura in the form of unexpected announcements on the state broadcaster’s 1 pm news bulletins.

Most Kenyans hoped a blend of continuity and incremental change would prevail over the radical agenda of the Kenyatta state’s critics

The 1977 spike in world Arabica prices had boosted Kenya’s domestic income by 14 per cent. The boom gave way to a precipitous reversal of the sector’s fortunes, exacerbated by widespread use of counterfeit agro-chemicals in 1979 that resulted in catastrophic crop failures.

The problems affecting coffee production soon spread to other areas of the estate sector such as sisal, maize and wheat, and livestock farming. But Kenya’s commercial smallholders absorbed most of the pain. Moi used their marginalisation to increase small-scale producer cooperatives’ representation in institutions like the Kenya Producers Cooperative Union (KPCU) and otherwise exploited smallholder grievances to further counter the influence of the estate sector’s entrenched elites.

The financial buffer protecting the Kenyatta elite planters concentrated around Thika and Nakuru was wearing thin, decreasing the clout of another set of anti-Nyayo actors. But the powerful kingmaker behind the Moi succession, Charles Njonjo, was the real threat. Njonjo tipped his hand when he attended a Kiambu church where the pastor’s sermon referred to “the lead sheep who cannot lead his flock to good pasture.”

Moi outflanked him by announcing that Western governments were grooming “a traitor in our midst”. Kenyans added another previously obscure Swahili term, to their vocabulary as speculation over the unnamed msaliti mounted over the days, sending an array of possible saboteur candidates running for cover.

One of the president’s allies eventually named Njonjo. Parliament shouted him down when he tried to defend himself. Removed from office and isolated, a commission of enquiry that was high on entertainment but low on hard evidence finished the job, sending the pardoned but disgraced Njonjo into retirement in 1983.

The institutional entropy overtaking Kenya’s public sector was less amenable to political quick fixes. The endemic discontent in Luo Nyanza spread to other communities, encouraging a cabal of non-commissioned Air Force officers to plot a Samuel Doe-style military coup on 1 August 1982. The poorly executed takeover was symptomatic of the creeping disorder underpinning popular opposition to the Moi state. This coup redirected the subsequent course of events. Moi called snap elections, trusting the electorate to undertake another culling operation.

Some of the problems fueling the decomposition of the old status quo were internal and some were external, such as the donor-dictated structural adjustment policies and the privatisation of state assets that followed in their wake. Others were a mix of environmental factors and the government’s limited capacity to manage contingency arrangements, like the maintenance of strategic grain reserves during the boom-bust maize production cycle of the early 1980s.

They saw Moi as a soft target, an unsophisticated church-going country lackey who could be dealt with in due course

The food security problem became a full-blown national crisis when the 1984 long rains failed. Even though the government response to the famine was efficient, the narrative from below blamed the government for the stomach cramps and diarrhoea caused by the American yellow maize distributed as relief food.

The redistributive logic behind Moi’s patrimonial politics fed the spreading corruption of the post-1982 period. Where Kenyatta’s corruption was elitist, Moi presided over a more inclusive government that partially mitigated the backlash against his populist gravy train. Regardless of the motive and the contribution of the collinear neoliberal policies to the public sector meltdown, the corrosive impact on social services was the same.

In the meantime, Kenya’s reputation for stability was now more a function of the growing chaos raging across the greater region than of the nation’s internal equilibria. The consensus abroad focused on the need for programmatic policy-based solutions to address Kenya’s faltering progress. If Moi’s gospel of peace, love, and unity appeared homespun and quaint, his by-the-seat-of-his-pants governance style came across as reactionary in contrast.

Moi had, by that point, no patience with any form of political critique however constructive or patriotic. When the government massacred several thousand ethnic Somalis quarantined without food and water at the Wagalla airstrip in Wajir in February 1984, the opposition remained silent. The double standard applied to Kenya’s minority communities provides a backdrop for the number of brave and principled critics of the government who also paid a heavy price over the years.

The fire that started as a bush-clearing exercise was raging out of control.

Razing the Forests

In 1989 I returned to Kenya to undertake a PhD on the commercialisation of small-scale agriculture, and all was not well. The Ministry of Agriculture’s Land Rovers were running out of fuel by mid-month, cooperatives and local authorities went into remission. The purchasing power of civil service salaries continued to decline, agricultural output stagnated, the new American Ambassador ratcheted up the criticism, and Kenya’s traditional allies diverted their developmental funding to the country’s emergent civil society.

Disenchantment with the government had increased apace with the impact of donor conditionalities. For KANU’s primitive accumulators, the Bretton Woods policy reforms turned out to be very good news. The political machine had to be fed, and the privatisation policies provided a new entry point. Kenya’s public lands became a source of new fuel. Privatisation released Moi’s State House to unleash a wave of environmental degradation.

The narrative from below blamed the government for the stomach cramps and diarrhea caused by the American yellow maize distributed as relief food

The Nyayo tea zones carved out of the margins of highland forests had signalled the Moi government’s position on Kenya’s dwindling forest cover. Forested areas of the Rift Valley like the Enosoopukia watershed and the Mau escarpment were opened to smallholder settlement. Local compradors used their State House connections to target other local forests, urban real estate, riparian border zones, and communal land reserves. Excisions in Nairobi’s Karura forest, a stone’s throw from the United Nations Environment Programme headquarters, became the stuff Nobel Prizes are made of.

A 1990 profile published in the New Yorker portrayed Moi as a paragon of Africa’s Big Man syndrome. Previous to this, one of my former students had published a similar exposé in the International Herald Tribune. However correct these critiques may have been on the surface, they did not factor in the larger dynamics at work, including the effects of International Financial Institutions’ policies on African policy.

Privatisation in Kenya reminded me of Victor Borges’ short story, The Gospel According to Mark. A Christian missionary goes off to a remote atoll to share the good news with its primitive inhabitants. He spends the better part of a year preaching in a simple wooden church. The natives duly attend, but remain dull-eyed and show no sign that they comprehend the import of his sermons. Then, early one Friday morning in April, his pupils come to his house en masse. They are uncharacteristically excited and babbling in their language, which the missionary has yet to master. He only recognises some localised words from the scriptures. Their joy and enthusiasm increase as they escort him to the church. Perplexed, the missionary turns the corner where, with smiles and gesticulations, they point to the cross and the nails they have prepared especially for him, their foreign saviour.

Local compradors used their State House connections to target other local forests, urban real estate, riparian border zones, and communal land reserves

Cannibalising parastatals and running down other state corporations and using the purloined resources to buy the assets back at throw-away price became standard procedure. Prime land was privatised only to be sold back to the government at inflated prices. The plot-grabbing mania snowballed until schools, churches, private property, and even the dead in their cemeteries were fair game for the grabbers and their accomplices in the hallways of the Ministry of Lands. Like the bodyguard who stole the President’s gold KANU cockerel from the bedroom of his Kabarak farm, one especially bold privateer obtained a title for a Nairobi plot that actually belonged to Moi.

While politicians and activists incited their constituents against the Moi government, angry peasants targeted their local patrons, co-op officials, and corrupt civil servants. The seizure of cooperative factories, the burning of tea and cane fields, and the revolt of rice growers forced state marketing bodies to raise producer prices and in some cases cancel farmers’ loans. Smallholder producers launched lawsuits against managers of cooperatives, others attacked officials or burnt down their houses. The reform of the Cooperatives Act side-lined the front-line ministry of rural development, leaving producers at the mercy of local mafias and a new class of brokers and middlemen usurping their role.

Powerless to stop the forces they had set in motion, the IMF mandarins turned off the taps and left capitalism in Kenya to sort itself out without them. Elsewhere in Africa the turbulence released by their neoliberal medicine was claiming many of Africa’s Big Men: how was Moi to avoid the same fate?

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Dr. Goldsmith is an American researcher and writer who has lived in Kenya for over 40 years.

Politics

Wakasighau: The Forgotten Victims of British Colonial Land Dispossession

The effects of the British colonial policy of subjugation through dispossession and exile continue to reverberate among the Wakasighau.

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Wakasighau: The Forgotten Victims of British Colonial Land Dispossession
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Two years have gone by since I last saw Mzee Joshua Mwakesi Mwalilika. He hasn’t changed a bit. His birth certificate says he was born in 1923. This means that Mzee Mwalilika is just two years shy of a hundred. He says that the birth certificate is wrong, that he was actually born in 1921. Mzee Mwalilika is from Taita, of the Wakasighau, a people who were uprooted from their native Kasighau region and exiled by the British to Malindi where they languished for over twenty years.

It all started in August 1915, at a time when Kenya was under British colonial rule and neighbouring Tanzania, then Tanganyika, was under the Germans. World War I had begun and, being so close to the border with Tanganyika, Kasighau was bound to suffer the effects of the war. When the Germans attacked the British, the British took revenge on the local African populations.

“All the houses were torched in the entire Kasighau on August 11th 1915. From Kigongwe, Makwasinyi, Jora, Kiteghe, Bungule, and Rukanga,” recalls Mzee Mwalilika. It was the handiwork of the British; they were on a punitive expedition against the Wakasighau whom the British suspected of having betrayed them to the Germans. A few days prior, the Germans had  carried out a night raid on the British garrison at Kasighau, committing a massacre. This was eight years before Mzee Mwalilika was born.

One version of the events is that after the attack, the Germans wrote a letter to the British claiming that the locals had voluntarily betrayed them, which prompted the British to retaliate. At Rukanga Village in Kasighau, retired teacher Jonathan Mshiri, now aged 71, says that local accounts of the events tell of two individuals from the area who unknowingly directed some Germans who were on a spying mission to where the British had set up camp.

“Two people were harvesting honey in the bush and the soldiers came and interrogated them and said, ‘Can you show us where the wazungu are?’” says Mwalimu Mshiri. “They used the term wazungu not British, so Kinona and Mwashutu thought that these white people were just friends of fellow white people. They did not know that these were Germans.”  The Germans laid waste to the British garrison at Jora in Kasighau and 38 British soldiers, including their captain, were taken captive by the Germans. This enraged the British so much that they decided to exile the entire Kasighau community.

For the Kasighau people, the British chose Malindi. After torching all the houses in the five villages, they rounded up all the people and gathered them at a place that was central to all the villages. “The British chose these open grounds because it gave them a view of Tanganyika where the Germans had come from,” explains Ezra Mdamu, a descendant of the survivors. “They also hoped that some of the villagers would have a better chance of pointing out exactly where the Germans had headed to. The people were also subjected to torture to extract information from them.”

The Wakasighau were then forced to march to Maungu Township, some 35 kilometres by today’s roads. From Maungu to the border at Holili is 144 kilometres using today’s road network, if indeed the German attackers had come through Holili.

The captives were herded into train wagons and taken to Malindi where the British had prepared the ground by forewarning the Giriama that the Wakasighau were cannibals.

At Maungu, the captives were herded into train wagons and taken to Malindi where the British had prepared the ground by forewarning the Giriama that the Wakasighau were cannibals. “What the new hosts did was put poison in the water holes, and this led to many deaths amongst our people,” Mwalimu Mshiri explains.

Macharia Munene, professor of History and International Affairs at the United States International University, says that using exile as punishment summarizes the colonial policy of subjugation and dispossession of local peoples.

“Most of these people who were deported were individuals, people trying to challenge colonial authority,” he says, “but colonialists also deported groups of people, often to hostile, undesirable places.”

Return to Kasighau

The plight of the Kasighau in their new land did not go unnoticed, and various parties, including church organizations, brought pressure to bear on the colonialists to review their position. But it was not until 1936 that the Kasighau people were allowed to return home, only to find most of their land gone.

“All the land around Kasighau Hill was termed as hunting blocks where the British people could hunt. The block here was called ‘66A’, the Kasighau people were only confined to a 10km² block around the hill called ‘Trust Land’. The rest of the land was called ‘Crown Land,’” says Mwalimu Mshiri.

It was not until 1936 that the Kasighau people were allowed to return home, only to find most of their land gone.

After independence in 1963, Crown Land became State Land and some of the remaining land was handed over to ex-WWII British colonial soldiers. The people of Kasighau were not represented at the time and the remaining land was subdivided into ranches that today surround the 10km² settlement area. It is within some of these ranches that mineral deposits and precious stones are found, and there are frequent tussles between the youth, miners and investors.

According to a report titled The Taita Taveta County Integrated Development Plan 2013-2017, only 35 per cent of all landowners possess title deeds. The report says that land adjudication was ongoing to ensure that all landowners possess title deeds. The 2019 census puts the population of Taita Taveta at 340,671. Kasighau Ward alone is home to 13,000 people. The majority say they do not have title deeds.

No land, more problems

In February 2019, a group of young men from Kasighau descended on a disputed mine inside Kasighau Ranch. Around the mining area are mounds of earth and makeshift tents. People selling foodstuffs have followed in the wake of the miners. Those mining say they are simply going for what they believe belongs to them. They do not have the heavy equipment needed for serious mining operations such as earthmovers or elaborate underground mining shafts. They are artisanal miners who rely on simple tools such as hoes, spades and mattocks.

“When we young people saw that we did not have leaders serious on championing our rights, we decided to have our own revolution,” says Elijah Mademu, a youth leader. “We decided to redeem our lost lands, lands rich in mineral resources. There are about 500 young men and women eking out a living from these minerals.”

According to retired Kasighau Location chief Pascal Kizaka, the occupation of the mine can be attributed to population pressure and young people running out of options. “Every economic activity starts with land. Without land, you are like that person who is given water but cannot drink it,” he says.

Prof. Macharia says land ownership remains a significant cause of conflict across much of Kenya where land issues remain unresolved. “The government, particularly the area MP and area governor, because they have power, they should raise the issue and say, these are our people, so process their [land] titles.”

However, Taita Taveta Lands County Executive Committee member Mwandawiro Mghanga disputes the assertion that the county or the leadership at the local level are fully able to resolve the issue of title deeds, arguing that land and natural resources adjudication have not been fully devolved.

“It is true in this matter there are injustices, but on title deed issues even the entire Taita Taveta County has the same problem. In Kasighau the plan is to let them get the title deeds alongside the rest of the county”, he says.

“Of course there are six ranches, agriculturally-driven ranches (ADR’s) and there’s Kasighau Ranch which is very large. . . . There should not be a drive motivated by the capitalist system to grab ranches. What needs to be done is that everyone who needs a title for land to settle should have access to it.”

“Without land, you are like that person who is given water but cannot drink it.”

Land alone might not be the only thorny issue. Chief Kizaka laments that throughout his time living and working in the area, local Kasighau people have noticeably been lagging behind even in education matters. For instance, a 2013 report on inequalities compared Kasighau Ward to neighbouring Mbololo ward and found that only 8 per cent of Kasighau residents have a secondary education or above. A Kenya National Bureau of Statistics report titled Exploring Kenya’s Inequality: Pulling Apart or Pooling Together? shows Kasighau’s literacy rates to be four times less than Mbololo’s 32 per cent of the population who have gone beyond secondary school education.

“By independence time, we had only three primary schools, in Bungule, Rukanga and Mwakwasinyi. Illiteracy was very high. You can imagine, illiterate parents producing illiterate children,” bemoans Chief Kizaka. “There is no movement. The number of locals in school is very low. Compared to many parts of the country where locals are the majority, here we do not dominate.”

Today, Mwalimu Jonathan Mshiri says the thought of squeezing almost his entire descendants onto 15 acres of land troubles him daily. He knows too well that already the 13,000 Kasighau residents, whose numbers are increasing, are also facing the difficulty of having to make do with 10 square kilometres of land.

“We are the Kasighau people, we belong to this mountain and the surroundings, why are we not being given the priority?” he asks.

It is 6 p.m. and as the sun sets in the west, in the direction of Tanzania, it casts a golden glow on the Kasighau massif, but the dark despair of the Wakasighau remains.

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Politics

Big Pharma and the Problem of Vaccine Apartheid

In this report on the TWN-Africa and ROAPE webinar on vaccine imperialism held last month, Cassandra Azumah writes that the unfolding vaccine apartheid which has left Africa with the lowest vaccination rates in the world is another depressing example of the profit and greed of Big Pharma facilitated by imperialist power.

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Big Pharma and the Problem of Vaccine Apartheid
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The webinar on ‘Vaccine Imperialism: Scientific Knowledge, Capacity and Production in Africa’ which took place on 5 August 5, 2021, was organized by the Review of African Political Economy (ROAPE) in partnership with the Third World Network-Africa (TWN-Africa). It explored the connections and interplay of Africa’s weak public health systems, the profit and greed of Big Pharma enabled by the governments of the industrialized Global North, and the Covid-19 pandemic from a political economy perspective. This report summarizes the main discussions held during the conference, including an overview of each of the main points discussed. The webinar was the first in a three-part series of webinars scheduled by the two organizations under the theme Africa, Climate Change and the Pandemic: interrelated crises and radical alternatives.

The format of the event involved keynote presentations from three speakers, a five-minute activist update on the COVID-19 situation from two African countries, and an interactive discussion with participants. Chaired by Farai Chipato, a Trebek Postdoctoral Fellow at the University of Ottawa and ROAPE editor, the session included presentations from Rob Wallace, an evolutionary epidemiologist and public health geography expert at the Agroecology and Rural Economics Research Corps; Tetteh Hormeku, Head of Programmes at Third World Network-Africa (TWN-Africa) and Marlise Richter, a senior researcher at the Health Justice Initiative in South Africa.

The current state of the pandemic – Rob Wallace

Rob Wallace began the session by providing a global perspective on the current state of the COVID-19 pandemic. He presented data showing that though the total number of vaccinations are increasing, the percentage of people fully vaccinated is concentrated in the West. We are currently experiencing a third wave of the pandemic, which is being driven by the delta variant. Though the cases in Africa are relatively lower than in other parts of the world, it is still a marked increase from the first and second waves which were less severe. This is not the trajectory that was predicted for COVID-19 on the continent in the early days of the pandemic. Marius Gilbert et al had speculated that Africa would be vulnerable to the virus due to a lower public health capacity and underlying co-morbidities that might increase the spread and damage of the virus. However, the incidence of the virus has played out in a different way, Africa’s cases are not as high as that of other continents. The possible reasons that have been given for this are: demographics (a younger population), open housing (which allows greater ventilation), and an ongoing circulation of other types of coronaviruses which have induced a natural, partial immunity in the population.

Wallace also commented on herd immunity, stating that it is not a panacea for defeating the virus. He referenced a paper by Lewis Buss et al on COVID-19 herd immunity in the Brazilian Amazon which found that although 76% of the population had been infected with the virus by October 2020, they had not achieved herd immunity (which is usually estimated at 70-75%), and proliferation of the virus was ongoing. He pointed out that the key lesson from this study is that there is no magical threshold for herd immunity; it may be different for different populations or there may be no threshold at all.

Likewise, he contended that defeating COVID-19 has little to do with vaccination as a silver bullet, but much to do with governance and the wellbeing of the population being at the crux of any public health decisions a government would take. A multi-pronged approach should be taken to defeat the virus, one that includes vaccinations, wearing of masks, social distancing, and testing and tracing. He argued however, that in the neoliberal regimes of the industrialised North, dealing with COVID-19 is organized around profit.

This was not the case in the early days of the outbreak. Initially, the World Health Organisation (WHO) and the National Institutes of Health (NIH) in the US were in favour of having open medicine and making sure any pharmaceutical products produced to fight the virus were free to all. To this end, WHO developed the COVID-19 Technology Access Pool (C-TAP). However, the lobbying of Big Pharma and the likes of Bill Gates worked to centre the COVID-19 response around the model of intellectual property rights. This has had a considerable impact on the evolution of the virus, allowing it enough room to evolve such that pharmaceutical companies can make profits by selling booster shots of the vaccine. According to Wallace, this speaks to the “sociopathic nature” of the neoliberal regimes in the Global North who are willing to put the profits of Big Pharma over the lives of people. He opined that we need to act in solidarity to create a system in which disparities between the Global South and Global North are removed.

Health justice and the pandemic in South Africa – Marlise Richter

Marlise Richter’s presentation shed light on the work of the Treatment Action Campaign (TAC) and the lessons that can be learnt from their struggles for access to medicines (in particular ARVs). She pointed out that the TRIPS agreement (Trade-Related Aspects of Intellectual Property Rights – TRIPS – is a legal agreement between member states of the World Trade Organisation) had a big impact on how the HIV/AIDS epidemic was addressed, resulting in a limited number of ARVs reaching the Global South.

The HIV epidemic was particularly acute in South Africa, the number of people living with the virus ballooned from 160,000 in 1992 to over 4.2 million people by 2000. At this time, ARV’s had been developed but were unaffordable in Africa, costing up to US$10,000 a year in 1998.

The TAC used multiple strategies such as skilled legal advocacy, high quality research, social mobilization, demonstrations, and public education to fight the pharmaceutical industry and their abuse of intellectual property rights protections. It joined the case brought by the Pharmaceutical Manufacturers Association (PMA) against the South African government for allowing parallel importation of drugs in order to bring down prices of medicines. Its intervention contributed to pressuring the PMA to withdraw its claims in 2001. In addition, it applied pressure at the 13th International AIDS Conference in Durban in 2000 by staging a march to highlight the danger of President Mbeki’s AIDS denialism and demanded access to ARVs in Africa.

From 1999 onwards, the TAC also campaigned for a national prevention of mother-to-child transmission of HIV. This case was won at the high court and precipitated a national ARV roll-out plan in April 2004. Finally, in 2002, TAC and the AIDS Law Project filed a complaint with the Competition Commission against GlaxoSmithKline (GSK) and Boehringer Ingelheim arguing that they violated the competition law by abusing their dominance in the market and charging excessive prices for ARVs. This forced the companies to reach a settlement in 2003 leading to a drastic cut in ARV prices. By employing these tactics, the TAC and other activists were able to transform both the national and global conversation on drug pricing, eventually leading to South Africa having the largest HIV treatment program globally and pharmaceutical companies reducing the prices of ARVs.

Following the success of the campaigns to provide access to ARVs in Africa, activists in the Global South fought for the Doha Declaration. The Doha Declaration waived some of the provisions in TRIPS in order to prevent public health crises and promote access to medicines for all. However, Richter commented that not many of these flexibilities have been used. She posits that this is due to immense political pressure from the West. The US in particular has singled out governments that seek to use the TRIPS flexibilities and placed them on the US Special 301 Watch List.

Returning to the present, Richter presented data that showed that on 3 August, there have been just under 200 million confirmed cases and over 4.2 million deaths of COVID-19. 28.6% of the world’s population has received at least one dose of the vaccine with 14.8% fully vaccinated. But to give a sense of the disparity in vaccine administration across the world, she indicated that 4.21 billion doses have been administered globally with 38.67 million administered daily, but in low-income countries only 1.1% of people have received at least one dose. Narrowing it down to Africa, only 1.58% of the population has been fully vaccinated. This variance in administered vaccines is also present across the continent. In July 2021, Morocco had 28.9% of its population fully vaccinated, Botswana and South Africa had 5.3% and 5% of their populations fully vaccinated, and the Democratic Republic of the Congo had 0%. These incongruities are also evident when we assess the number of vaccines promised against vaccines delivered, with South Africa receiving only 26% of the vaccines promised. Continuing at the current pace, it would take South Africa two years and three months just to vaccinate 67% of its population.

Richter quoted the WHO Director-General saying, “The world is on the brink of a catastrophic moral failure – and the price of this failure will be paid with lives and livelihoods in the world’s poorest countries.” Following from this, she believes that it makes ethical sense and public health sense for vaccines to be distributed equitably amongst the world’s population. In a bid to fight for vaccine equity, South Africa and India co-sponsored the TRIPS waiver in October 2020. If successful, this waiver will bring about flexibilities in the TRIPS agreement which would have an immense impact on the manufactured supplies of vaccines and other medical goods. For the waiver to be passed, a consensus amongst all member states of the WTO needs to be reached. While the waiver is supported by over 100 countries (predominantly in the Global South), it has been blocked most notably by the EU, Australia, Norway and Japan, countries which have enough vaccines to vaccinate their population many times over. Putting this into perspective, in January 2021 the EU had 3.5 vaccines per person and Canada had 9.6 vaccines per person, as compared to 0.2 vaccines per person in the African Union. By blocking this waiver, the industrialised North is further entrenching the extreme inequalities currently faced by the Global South.

Richter concluded her presentation by speaking on a recent development in South Africa, where Pfizer-BioNtech has recently signed a ‘fill and finish’ contract with the Biovac Institute. She claimed that while this is a first step in developing manufacturing capacity, it is not enough to achieve vaccine independence because it does not include the sharing of Pfizer-BioNtech’s technology or know-how. In addition, the ‘fill and finish’ approach does not address issues of security of supply, nor does it allow local manufacturers the freedom to make their own pricing decisions. She believes that if we start from the premise that health is a human right, as the TAC does, we will regard health equity and especially vaccine equity as essential in the struggle against the pandemic.

The political economy of the continuing fight against intellectual property rights negatively affecting public health goods in Africa – Tetteh Hormeku

Tetteh Hormeku’s presentation was centred around the challenges that African countries have confronted in the process of trying to develop their own pharmaceutical capacity. These challenges go beyond the struggles for the TRIPS waiver and include the impact of some of the choices governments have made. He focused on two interrelated points that frame the predicament of African countries in relation to the current vaccine situation:

1) The vaccine process is dominated by pharmaceutical Multinational Corporations (MNCs) based in the advanced industrial countries and supported by their governments. The controversy around the TRIPS waiver is a clear example of the extent to which advanced countries and their MNCs would like to hold on to their place in the international order.

2) On the non-existent domestic pharmaceutical capacity in African countries, Tetteh explained that he uses the phrase “domestic pharmaceutical capacity” because:

  • It does not include a subsidiary of an MNC signing a production agreement with a local African company.
  • The word ‘domestic’ combines both the local character of production and the fact that it is embedded within the nation, its challenges, people, drives and imperatives.
  • It does not refer to nations alone, but also to regional and continental initiatives.
  • It captures pharmaceutical capacity beyond the production of vaccines.

Tetteh provided the following case-study to show how these two points are interrelated. 24 February marked the first shipment of COVID-19 vaccines to Ghana, and there was an optimism that it would be the beginning of a steady supply of vaccines to the country – six months later, less than 2% of the population has been vaccinated. Around the time Ghana received this first shipment, it was in talks with the Cuban government for support on the transfer of technology to improve its pharmaceutical capacity.

This date in February also marked the anniversary of the overthrow of Kwame Nkrumah in 1966. Six months before the coup Nkrumah’s government had established a state pharmaceutical enterprise. After the coup, the military government tried to hand it over to Abbott Laboratories, an American pharmaceutical company, under such outrageous terms that the resulting backlash from the populace led to the abandonment of this plan.

The creation of a state-owned pharmaceutical enterprise in Ghana and in other African countries in the post-independence era was a reaction to colonial policies which deliberately curtailed the production of knowledge and science across the continent. The aim of developing a pharmaceutical industry domestically was to intervene on three levels:

  • Creating an industry with the technical know-how and the machinery to be able to participate in the production of pharmaceutical products.
  • Creating an industry which is linked to the process of developing and building knowledge and being at the frontiers of knowledge. This involved creating linkages with universities and scholars.
  • Making use of traditional sources of medical knowledge. The state pharmaceutical enterprise was in operation until the 1980s when due to the Structural Adjustment Programs (SAPs) it was privatized and unable to compete in the free market.

Tetteh pointed out that two lessons can be taken from this anecdote:

  • The government strongly intervened to ensure pharmaceutical production was linked to public procurement and public policy. The market for the product was guaranteed (army, public hospitals etc.).
  • The government intervened to ensure that certain medical products could not be imported into the country. These interventions were crucial in creating the legal and scientific conditions within which the state-owned enterprise thrived until the SAP period.

A key success of the state pharmaceutical enterprise was that it was able to bargain with Big Pharma on its own terms. At the time, Big Pharma needed to negotiate with the state pharmaceutical enterprise to produce their products locally since they had no access to the Ghanaian market. Although Ghana’s intellectual property rights regime replicated and mimicked some of the standards in the Global North, it was an indication of the amount of space countries in the Global South had to develop their own legislation with respect to intellectual property for public health. However, this option is no longer available to these countries. According to Tetteh, TRIPS inaugurated the monopoly that Big Pharma has over technical know-how for medical products. It has also enabled bio-piracy which allows Big Pharma to appropriate African traditional knowledge and patent it for themselves. In the 1990s, the Organisation of African Unity (OAU) tried to create an African model law to enable a fight against bio-piracy but was unsuccessful.

The creation of a state-owned pharmaceutical enterprise in Ghana and in other African countries in the post-independence era was a reaction to colonial policies, which deliberately curtailed the production of knowledge and science across the continent

Tetteh noted that the current situation highlights the importance of getting the TRIPS waiver, as it is a starting point for building domestic pharmaceutical capacity. The waiver goes beyond just patents and encompasses a host of other intellectual property rights such as copyrights, and industrial design. It covers all the important bases for making medicines in a modern context. Looking back to the Doha Declaration, very few countries were able to make real changes to their laws in order to make use of the flexibilities. This was due in part to the entrenchment of TRIPS in other agreements such as AGOA (the African Growth and Opportunity Act) and the EPAs (Economic Partnership Agreements). However, importantly, there was no real commitment by African leaders to making these changes.

Tetteh argued that African leaders are not making the strategic choices that would eventually lead them to developing independent pharmaceutical industries. Suggesting that South-South cooperation is an avenue to address the current issues the continent faces, he argued that instead of using all their funds to buy vaccines, African countries could have allocated some funds to support phase three of Cuba’s vaccine trials. By doing this, they would have been able to negotiate for a consistent relationship in terms of knowledge exchange and the transfer of technology.

Updates on COVID-19 in Senegal and Kenya

Cheikh Tidiane Dieye provided an update on the COVID-19 situation in Senegal. The country recorded its first case of the virus in March 2020. Since then, the government has put in place measures such as curfews, travel restrictions and the banning of public gatherings to contain the spread of the disease. The Senegalese government did not enforce a lockdown because the country has a large informal sector which would have been negatively impacted by a lockdown.

Senegal is currently experiencing its third wave – driven by the delta variant. The total number of cases has increased significantly over the last year, moving from 9,805 cases and 195 deaths in July 2020 to 63,560 cases with 1,365 deaths as of July 2021. This increase in cases has taken a toll on the country as it does not have the healthcare infrastructure to deal with the virus caseload. The vaccination campaign was launched in February this year, with about 1.2 million doses received, 1.8% of the population fully vaccinated and 3% receiving their first dose.

He stated that Senegal is currently facing two issues:

  1. Lack of access to the vaccines. This is because the country does not have the means to purchase enough vaccines for its population and is currently relying on donations from COVAX. This has resulted in protracted waiting times for the vaccine. These waiting times can cause complications for vaccine administration, since there are people who have received the first dose but must wait for longer than the recommended time of eight weeks to receive their second dose.
  2. A significant part of the population is reluctant to receive vaccines and sensitization campaigns are proving ineffective.

He remarked on one key development in Senegal – the creation of a vaccine manufacturing plant funded by the World Bank, the US, and a few European countries. The plant is expected to produce 300 million doses a year, first of COVID-19 vaccines and then other types of vaccines against endemic diseases. This project will be implemented by the Institut Pasteur de Dakar which already produces yellow fever vaccines.

ROAPE’s Njuki Githethwa provided an update on the COVID-19 situation in Kenya. He mentioned that the delta variant has caused a surge in cases and deaths. There have been currently over 200,000 cases since the pandemic began with the total number of deaths at 4,000 at the end of July. He pointed out that this third wave is affecting the lower classes which were spared in the initial stages of the pandemic. Kenya has received 1.8 million doses of the vaccine, with about 1.7% of Kenyans vaccinated. He noted that if vaccinations continue at this pace, it will take over two years for Kenyans to be fully vaccinated.

A key success of the state pharmaceutical enterprise was that it was able to bargain with Big Pharma on its own terms. At the time, Big Pharma needed to negotiate with the state pharmaceutical enterprise to produce their products locally since they had no access to the Ghanaian market

According to Njuki, the disbursement of vaccines from the West is being portrayed as a symbol of charity, solidarity, and sympathy. This portrayal is underlain by the West positioning themselves as saints while vilifying other countries like India and China. He also mentioned that there is a class dynamic at play in Kenya regarding the distribution of vaccines. People in affluent areas have ease of access whereas the less privileged wait in long queues to get vaccinated. As a result, most of the population, including frontline workers, are yet to be vaccinated. Schools in the country reopened at the end of July, and only about 60% of teachers have been vaccinated. Njuki touched on the fact that there is an optimism that more vaccines are coming, however the government is not doing enough to sensitise the population. There is still a lot of misinformation and superstition surrounding the vaccines.

Moving beyond the state?

The discussion was further enriched by contributions from the participants. Gyekye Tanoh, for example, noted that in the past the presence of state pharmaceutical enterprises around the continent constituted an active and embodied interest. This influenced the way transnational pharmaceutical companies were able to negotiate, severely limiting their power. However, such a thing is not present today on the continent. In fact, a study from the McKinsey Institute pointed to the fact that the pharmaceutical industry has the highest markups in Africa, meaning that while the continent is not the biggest market, it is the most profitable region in the world. Currently, the interests of Big Pharma dominate, he asked, how do we begin to shift this? Is it time to look beyond the state as a leading agent for change? What can progressives do in this situation?

Senegal is currently experiencing its third wave – driven by the delta variant. The total number of cases has increased significantly over the last year, moving from 9,805 cases and 195 deaths in July 2020 to 63,560 cases with 1,365 deaths as of July 2021

In response to Gyekye’s question, Tetteh argued that he does not believe that it is time to look beyond the government. In the case of the pharmaceutical industry, the market is created by production and government procurement of pharmaceutical products. Real change cannot be realised without the involvement of the government and well thought out policies. But there is still a role for progressives. Activists need to mobilise and organize around broad paradigmatic changes and clear concrete policy choices that can be implemented in the immediate, medium, and long term.

Wallace added that the objectives of activists in the Global North should be to support the efforts of those in the Global South. This is especially important because COVID-19 is not the only virus that can cause real damage. We need to make structural changes that ensure the Global South is not at the mercy of the Global North whose economic model has contributed to the current situation.

Farai Chipato ended the session by thanking the speakers and participants for their contributions to the fruitful and important discussion. Chipato urged participants to join ROAPE and TWN-Africa for their two upcoming webinars: ‘Popular public health in Africa: lessons from history and Cuba’ and ‘Alternative strategies and politics for the Global South: climate-change and industrialisation.’

This article was originally published in the Review of African Political Economy (ROAPE) Journal. 

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Omissions of Inquiry: Kenya and the Limitations of Truth Commissions

Gabrielle Lynch provides a radical analysis of the mechanisms of transitional justice. Looking at the case of Kenya, Lynch argues that truth commissions which hope to achieve truth, justice and reconciliation also require ongoing political struggles, and substantive socio-economic and political change. While reconciliation and justice may be goals which truth commission can recommend, and sometimes contribute to, they cannot be expected to achieve them.

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Omissions of Inquiry: Kenya and the Limitations of Truth Commissions
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In today’s world, it is almost expected that a truth commission will be introduced in the wake of conflict or a period of authoritarianism to try and consolidate a transition to democracy and peace. A truth commission generally understood – as per Priscilla Hayner – as a temporary state-sanctioned body that investigates a pattern of past abuse, engages ‘directly and broadly with the affected population, gathering information on their experiences’ and which aims to conclude with a public report.

The underlying idea is that societies need to confront and deal with unjust histories if they are to establish a qualitative break with that past. Proponents of modern truth commissions thus ‘look backwards’, not as interested historians, but as a way to ‘reach forwards.’ As Archbishop Desmond Tutu explained in his foreword to the South African Truth and Reconciliation Commission (TRC) report:

The other reason amnesia simply will not do is that the past refuses to lie down quietly. It has an uncanny habit of returning to haunt one … However painful the experience, the wounds of the past must not be allowed to fester. They must be opened. They must be cleansed. And balm must be poured on them, so they can heal. This is not to be obsessed with the past. It is to take care that the past is properly dealt with for the sake of the future.

Motivated by this desire to render the past ‘passed’ in the substantial sense of being ‘dead’ or ‘over and done with’, modern truth commissions dedicate most of their time to two activities: the holding of public hearings and production of a final report.

This is a relatively recent development. Early truth commissions did not hold public hearings and were largely fact-finding bodies. However, ever since the South African TRC of the 1990s, truth commissions have held hearings as a stage for various actors – victims, perpetrators, political parties, state institutions and so forth – to present their account of past wrongs. The underlying idea is that people will have a chance to speak and be heard, and thus regain their humanity; that a wider (and engaged) audience will bear witness to a new human rights-conscious regime; and the overview provided will feed into, and help legitimise, a final report. The latter in turn intended to record and acknowledge past wrongs and provide recommendations that can help to promote truth, justice and reconciliation.

However, while much hope is often placed, and much time and money expended, on truth commissions and their hearings and final reports, it is evident that these processes generally fall far short of ambitious goals and high expectations. But what explains this gap between aspiration and reality?

This is one of the questions that I address in a new book – Performances of Injustice: The politics of truth, justice and reconciliation in Kenya – which analyses several transitional justice mechanisms introduced following Kenya’s post-election violence of 2007/8 when over 1,000 people were killed and almost 700,000 were displaced.

This includes the establishment of the Truth, Justice and Reconciliation Commission (TJRC). Significantly, the Commission’s mandate recognised that, while the 2007/8 post-election violence was triggered by a disputed election, it was fuelled by more deep-rooted problems.  In turn, the Commission was tasked with investigating a wide array of injustices – from state repression and causes of political violence to perceptions of economic marginalisation and irregular land acquisition – between Kenya’s independence in 1963 and the end of the post-election violence in February 2008.

Established through an Act of Parliament in 2008, and operational from 2009 to 2013, the TJRC sought to meet its mandate, in large part, by collecting statements (with over 40,000 collected in total), holding public and women’s hearings in 35 locations across the country and adversely mentioned person (AMP) hearings in western and Nairobi, and publishing a substantial final report that runs to over 2,000 pages.

Despite such achievements, the Commission was soon mired in controversy with calls for the chairman – who was soon linked to three injustices that the Commission was meant to investigate – to resign, while the public hearings attracted little media attention, and the final report is yet to be discussed in parliament let alone implemented.

The Kenyan experience highlights a range of lessons and insights. This includes the fact – as recently outlined in a piece for The Conversation – that transitional justice mechanisms are not ‘tools’ that can be introduced in different contexts with the same effect. Instead, their success (or failure) rests on their design, approach and personnel – all of which are incredibly difficult to get right – but also on their evaluation and reception, and thus on their broader contexts, which commissions have little or no control over.

However, the lessons that can be drawn go beyond reception and context and extend to the inherent shortcomings of such an approach.

First, while victims appreciate a chance to speak and be heard, the majority clearly submitted statements or memoranda or provided testimony in the hope that they would be heard and that some action would be taken to redress the injustices described. As one woman explained after a women’s hearing in Nakuru, she was glad that she had spoken and how, having told her story, the Commission would ‘come in and help.’

To be fair, the TJRC’s founders were aware of the inadequacies of speaking, which is why they included ‘justice’ in the title and gave the Commission powers to recommend further investigations, prosecutions, lustration (or a ban from holding public office), reparations and institutional and constitutional reforms.

However, on the question of whether recommendations would be implemented, the Commission rather naively relied on the TJRC Act (2008), which stipulated that ‘recommendations shall be implemented.’ However, such legal provisions proved insufficient. Amidst general scepticism about the Commission’s work, parliament amended the TJRC Act in December 2013 to ensure that the report needed to be considered by the National Assembly – something that is yet to happen.

Moreover, to document and acknowledge the truth requires that one hears from both victims and perpetrators. However, the latter often have little motivation, and much to lose, from telling the truth. This was evident in Kenya where, during the AMP hearings I attended, where I heard little that was new and not a single admission of personal responsibility or guilt. Instead, testimonies were characterised by five discursive strands of responsibility denied: denial through a transfer of responsibility, denial through a questioning of sources, denial through amnesia, denial through a reinterpretation of events and an assertion of victimhood, and denial that events constituted a wrongdoing. However, while AMPs denied responsibility, none denied that injustices had occurred. As a result, while the hearings provided little clarity on how and why a series of reported events may have occurred, they simultaneously drew attention to, and recognised, past injustice. In this way, they provided a public enactment of impunity: Kenya’s history was replete with injustice, but AMPs were unwilling to shoulder any responsibility for it.

This ongoing culture of impunity points to another issue, which is that – for most victims – injustices clearly do not belong to the past but to the present and future. The loss of a person or income, for example, often constitutes a course that now seems beyond reach – from the hardship that accompanies the loss of a wage earner to the diminished opportunities that stem from a child’s extended absence from school. However, the past also persists in other ways, from the injustices that never ended, such as gross inequalities or corruption, to fears of repetition and experiences of new injustice.

Unfortunately, the idea that one can ‘look backwards to reach forwards’ downplays the complex ways in which the past actually persists, and possible futures infringe on the present. This is problematic since it can encourage a situation where small changes dampen demands for more substantive reform. At the same time, it can facilitate a politicised assertion of closure that excludes those who do not buy into the absence of the past, the newness of the present, or the desirability of imagined futures and provides a resource to those who seek to present such ‘difficult people’ as untrusting, unreasonable and unpatriotic.

This is not to say that truth commissions are useless and should never be considered. On the contrary, many view speaking as better than silence, while the commission’s report provides a historical overview of injustice in Kenya and a range of recommendations that activists and politicians are using to lobby for justice and reform.

However, when introduced, truth commissions should be more aware of the importance of persuasive performances and how their initial reception and longer-term impact is shaped by broader socio-economic, political and historic contexts. Truth commissions also need to adopt a more complex understanding of the ways in which the past persists, and possible futures infringe on the present and avoid easy assertions of closure.

Ultimately, such ambitious goals as truth, justice and reconciliation require not Freudian ‘talk therapy’, although catharsis and psycho-social support are often appreciated, but an ongoing political struggle, and substantive socio-economic and political change, which something like a truth commission can recommend, and sometimes contribute to, but cannot be expected to achieve.

This article was first published in the Review of African political Economy (ROAPE).

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