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Revisiting the Goldenberg Ghosts

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The Goldenberg scandal did not just negatively impact the Kenyan economy, it also left in its wake damaged and destroyed lives. Central Bank of Kenya employees who raised queries about the massive fraud were quickly sacrificed. These individuals and their families have hauntingly traumatic memories of Moi and his government.

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As a curious child growing up in the early 1990s, I had a general idea from reading the newspapers that my father brought home that Daniel arap Moi’s Kenya was not a place to play around. Then, in August 1992, these abstract ideas became realities. One evening, my visibly distressed mother brought home a newspaper bearing the photo of her elder brother appearing unconscious and lying on a bed at Nairobi Hospital. The caption had my uncle’s name, Francis Lukorito (whom we called Uncle L), followed by an explanation that the hospitalised Central Bank of Kenya employee had been arrested days earlier in relation to the mysterious death of the multiparty stalwart Masinde Muliro.

Pius Masinde Muliro, the founding member of the Forum for the Restoration of Democracy (FORD), had been declared dead on a Nairobi-bound flight from London, where he had gone to fund-raise for the party. FORD was a serious contender in the 1992 general election following the repeal of Section 2(a) of the constitution, abolishing Moi’s one-party state. That newspaper, with the usually charming Uncle L appearing bruised, swollen and defeated, became part of family memorabilia, in remembrance of the day my uncle became an enemy of the state.

Uncle L was a tall, heavily built and worldly individual who people aspired to become. He finished his high school education at Lenana School and proceeded to undergraduate Bachelor of Commerce studies at the University of Nairobi. He was an impressionable 23-year-old when the Central Bank of Kenya came calling in 1976. He was first sent to Milan, then to Washington, D.C. for further training. Within a short period of time, he became the bank’s superintendent, then the senior Superintendent. The future was supposed to be bright – until August 1992 happened.

As narrated to the Judicial Commission of Inquiry into the Goldenberg Affair, where Uncle L took the witness stand on 14 January 2004, the truth was that Muliro and Uncle L came a long way. When Muliro was attending school in Tororo, Uganda, before proceeding to the University of Cape Town in South Africa, he made a habit of passing by my grandfather’s home at the Kenya-Uganda border, not too far from Tororo, where he spent time with my grandfather, who was his age-mate. Since then, Muliro remained a regular visitor to my late grandfather’s home, in the process becoming my uncle’s guardian.

On 14 August 1992, while minding his business at work, Uncle L received a call from a friend who informed him that Muliro was dead. Shocked and in disbelief, he left for Muliro’s Nairobi residence in Upper Hill, where he confirmed the news. As Muliro’s children contemplated their next move in dealing with their patriarch’s death, it was decided that Uncle L would become the treasurer for the funeral organising committee. Uncle L drove back to work, unaware that his association with Muliro was about to be conveniently used as a scapegoat to kick him out of the Central Bank – in a bigger game of chess that was being played at Moi’s State House.

Five days later, on 19 August 1992, three plainclothes policemen showed up at the Central Bank. With them was Mr. H. H. Njoroge, Uncle L’s head of division, and a Mr. Karanja, the bank’s chief security officer. The men requested Uncle L to accompany them. No explanations were given. Since the bank officials were aware of what was transpiring, Uncle L obliged. Outside the bank building, on Haile Selassie Avenue, Uncle L saw a Special Branch Peugeot 504 station wagon with two more men inside. There and then, in Moi’s Kenya of detention without trial, he knew his goose was cooked. Multiparty politics had been begrudgingly restored, and although it appeared the democratic space was expanding, in Uncle L’s world, there lurked a monster which was about to cripple the Kenyan economy, an ogre which he and a few others had tried to slay, but which had now come back to haunt them.

As senior superintendent, Uncle L had to scrutinise all export compensation scheme-related CD3 forms submitted to the Central Bank by commercial banks on behalf of their exporting customers. Uncle L worked with Mr. David Meader, an Australian national seconded to the bank from the International Monetary Fund. The duo flagged a whopping 17 billion shillings, which they considered an irregular payout to a company called Goldenberg International, which was purporting to be exporting massive amounts of gold and diamonds on a daily basis to Europe, the Middle East and Asia (even though Kenya had no known commercial deposits of either). For every US dollar earned in the purported sales abroad, Goldenberg was under a statutory export compensation claim where it was paid thirty US cents by the Central Bank in Kenya shillings as a reward for boosting Kenya’s exports.

However, proof of sales and exports of gold and diamonds later turned out to be forgeries.

By mid-1992, six months prior to the first multiparty presidential election in three decades, the flow of CD3 forms intensified. At that time, Uncle L and Mr. Meader raised red flags about what they believed was fraud by writing to the Central Bank’s chief banking manager, the director of research, the deputy governor and the national debt office. As they kept scrutinising more CD3 forms, more anomalies surfaced. Unknown to Uncle L and Mr. Meader, the scheme involved some of the most powerful individuals in Kenya, including the Head of the Special Branch (Kenya’s intelligence service), who was a partner in Goldenberg International, a company owned by Kamlesh Pattni.

Two decades later, while answering a question posed by the Goldenberg Commission’s lead counsel, Dr. John Khaminwa, Uncle L admitted that he and Mr. Meader suspected that they were in the middle of a multi-billion financial scandal, which was being executed right in front of their eyes. As it would later emerge, some of the individuals whom they wrote to complain about the 17 billion shillings and other irregularities were in fact part of the action.

Khaminwa: Why do you believe Mr. Riungu, Mr. Waiguru and Mr. Karanja were responsible for your arrest? 

Lukorito: Because when I was working on pre-shipment finance papers, Mr. Pattni was very close to Mr. Riungu. On a daily basis, Mr. Pattni would come and see Mr. Riungu. While working on the papers with Mr. Meader, I would see Mr. Pattni going into Mr. Riungu’s office next door.

Upon entering the Peugeot 504, Uncle L was driven to the Nairobi Area Police Headquarters, where he was taken to a basement office. There, he met three policemen – Mr. Kimurgor, Mr. Murage and Mr. Slim – who wanted to know how he knew Muliro, how he came to know about Muliro’s death, how close he was to the opposition leader, and whether he knew where Muliro stayed. Uncle L gave them the history by writing a 16-page statement.

Later that evening, he was thrown into the back seat of the Peugeot, where he was made to lie down on the vehicle’s floor. The policemen sat and stepped on him as they drove along. After a not-so-smooth drive, the vehicle slowed down at what seemed like the entrance of a building. As they pulled Uncle L out, he saw Hotel InterContinental’s beige façade. If he hadn’t expected the worst, then being in the precincts of Nyayo House gave him reason to be afraid.

Two decades later, while answering a question posed by the Goldenberg Commission’s lead counsel, Dr. John Khaminwa, Uncle L admitted that he and Mr. Meader suspected that they were in the middle of a multi-billion financial scandal…As it would later emerge, some of the individuals whom they wrote to complain about the 17 billion shillings and other irregularities were in fact part of the action.

He was taken to an upper floor within Nyayo House where he met a new set of hostile Special Branch interrogators. This time, the story was that he was an opposition mole within the bank. He told them he wasn’t. The beating started. Uncle L collapsed. When he came to, he was in a dark room filled with water that made his skin itchy. His body was swollen and aching all over. Lucky for him, he was picked up later that night and delivered to Parklands Police Station.

The following morning, Uncle L was driven to Nairobi Area Police Headquarters. This time there was not much to talk about other than kicks and blows. He collapsed. When he came to, he found himself at Nairobi Hospital, where the photo in the newspaper my mother brought home was taken. How the media knew who he was, why he had been arrested and where he was hospitalised is anyone’s guess. Uncle L had not been charged with any crime, but he had been badly tarred with a broad brush – he was now a government official caught in the middle of the country’s “dangerous” opposition politics. He stayed bedridden for six days.

The impact of the beatings meted on Uncle L are captured in the 14 January 2004 proceedings of the Goldenberg Commission, which read: (The witness was then referred to a medical report signed by Dr. D. K Gikonyo, a physician and cardiologist, which showed that on admission, among other things, his blood pressure was extremely high – 230/130. (He has since become hypertensive.) After a mandatory two week sick leave, Uncle L was quickly interdicted.

“Following your arrest by the police on 19 August 1992, we write to advise you that it has been decided to interdict you with immediate effect in accordance with Rule 6.35 (b) of the Staff Rules and Regulations,’’ read the letter from the Central Bank of Kenya’s Administration Division, signed by Mr. C.K. Ndubai. ‘‘While on interdiction, you will be paid half your salary and you will be required to report on every working day to the Head, Security Division, where you will sign a register of attendance. You will not leave your place of work except with the permission of the Head of Security Division. The interdiction will remain in force until further notice.” 

This is how a lame game of ping pong at the highest level of Moi’s government started. On 21 September 1992, Uncle L received another letter, ostensibly reversing his earlier interdiction and requesting him to report to the Principal, Development Division, for assignment of duties.

“This is to advise you that it has been decided that your interdiction be lifted with immediate effect and that you report in your former Division. Accordingly, please arrange to report to the Principal, Development Division immediately for assignment of duties.”

On 8 July 1993, Mr. J. K. Waiguru, the Central Bank’s Secretary had some news.

“Following the lifting of your interdiction and posting back to your division, there has been further development in this matter. Would you please report to the Deputy Governor for further instructions.”

When Uncle L went to see the deputy governor, he was advised to go and see the head of the civil service, Prof. Philip Mbithi, who was stationed at Harambee House. Prof. Mbithi told Uncle L to go home and wait. Someone would be sent to him. Uncle L waited for over six months without pay. Then in February 1994, Prof. Mbithi sent someone to Uncle L’s Nairobi home to bring him over. On reaching Harambee House, Prof. Mbithi referred Uncle L to his personal assistant, Mr. S. Z. Ambuka. Mr. Ambuka showed Uncle L a letter dated 10 February 1993 – signed by Mr. Ambuka – addressed to Dr. Wilfred Koinange, the Permanent Secretary in the Ministry of Finance.

You will recall that early this week, I talked to you about the redeployment of the above-named officer who previously worked with the Central Bank and whom we were asked to assist in re-deploying to any of the other banking institutions.

You asked me to check with the Central Bank and confirm [Uncle L’s] status with them before you could take over the case. I had discussions with the bank secretary who confirmed that:

(a) When [Uncle L] had a discipline case with them, he was struck off their payroll.

(b) However, when it was later decided that [he] be forgiven and rehabilitated, he was reinstated in the payroll.

(c) Later on, a decision was made that [Uncle L] be referred to the Office of the President for re-allocation of duties elsewhere. When he was referred to the Office of the President (and subsequently to Treasury), he ceased being in the CBK payroll.

(d) The Bank Secretary advises that [Uncle L] could apply for early retirement from the bank. This early retirement, if approved, would be frozen as [Uncle L] would not be entitled to any retirement benefits until he attains the mandatory age of 50 years.

(e) [Uncle L] would then be available for you to assist him get a fresh placement in any other financial institutions.

[Uncle L] has accordingly been informed and is herewith sent to you for the necessary assistance.”

There it was. Having tried to kick Uncle L out of the Central Bank and failed, his case had now been referred to the country’s top civil servant at Harambee House to enact the final chess move. It was being fashioned as a case of an ill-disciplined employee, but no one at the Central Bank wanted to take administrative responsibility for Uncle L’s predicament. It was all so confusing until Jacinta Mwatela, a witness at the Goldenberg Commission, solved the puzzle.

Khaminwa: Were you forgiven and rehabilitated? 

Lukorito: I do not know that I was supposed to be forgiven because I had committed no offence.

Khaminwa: Something I don’t seem to understand. You were employed by the Central Bank, then how does the Head of the Public Service come into a corporate organisation like CBK?

Lukorito: I do not understand either.

Khaminwa: In Mrs. Mwatela’s statement in Exhibit 111, could you read what she says about you.

Lukorito: [Reads statement.] “I remember Mr. Pattni visiting me in my new office. He arrogantly and proudly reprimanded me for my alleged stupidity in questioning his affairs. He claimed that my stupidity would get me nowhere. I did not reply to him. He specifically referred to one Mr. Lukorito who had been sacked and informed me that no one played about with him and got away with it. I knew he had powerful connections and no purpose would be served in answering him.”

There it was, confirmed in black and white: Goldenberg. Uncle L’s mistake was that he had stood in the way of Kamlesh Pattni, who could leverage state power, including the Office of the Head of the Civil Service, to deal with him firmly.

Having tried to kick Uncle L out of the Central Bank and failed, his case had now been referred to the country’s top civil servant at Harambee House…It was being fashioned as a case of an ill-disciplined employee, but no one at the Central Bank wanted to take administrative responsibility for Uncle L’s predicament. It was all so confusing until Jacinta Mwatela, a witness at the Goldenberg Commission, solved the puzzle.

Unless one lived through it or studied Moi’s state in the 1980s and 1990s, one may be prone to ask: How could Pattni wield so much power within the state, including at the Office of the President, knowing that power was centralised around Moi? More importantly, one may then want to ask: How did Uncle L try to interfere with the Goldenberg pay-outs, and did he have powers to stop Kenya’s biggest economic crime to date? The answer lies in an exchange between Uncle L and lawyer Cecil Miller, appearing for the Deposit Protection Fund at the Goldenberg Commission.

Miller: Mr. Lukorito, did you question the duplication of CD3s in writing?

Lukorito: Yes. They should be with CBK.

Miller: Who did you write to?

Lukorito: The chief banking manager, the director of research, the deputy governor and the national debt office.

Miller: Did you get a response?

Lukorito: They did not come directly but they came in the form of whether we had agreed on the level of Treasury Bills that we were to advertise for the weekly tenders. If we all agreed on the amount, we would advertise. 

Miller: Am I right in saying that technically you were the final port of call in relation to CD3s and pre-shipment?

Lukorito: Yes my lords.

Miller: If you look at page 17 of your statement, you mention Exchange and Pan African banks. 

Lukorito: Yes my lords. 

Miller: You then proceed to say on page 18; “The funds would be withdrawn from CBK under a currency withdrawal scheme by the two banks and then the amount withdrawn by the beneficiaries at the bank.” Would you know who the beneficiaries were?

Lukorito: I would not know my lords. We would detect the money movement using the open market operations ledger. 

Miller: You raised a concern on page 39 – your memo – on the potential snowball effect on the banking sector. And you got a response which you say you were not satisfied with?

Lukorito: I was not my lords.

Miller: If you look at page 14 of your statement, you list the beneficiaries of the pre-export finance scheme. You left the bank in November 1994. 

Lukorito: I was arrested on August 19, 1992 and from that day I just used to report but I was not working within the bank.

Miller: So you would not know that three of these banks went into liquidation thereafter?

Lukorito: I wouldn’t know. 

Miller: And you would not know whether they had paid their pre-shipment funds by the time? 

Lukorito: I would not know. 

Dr. Wilfred Koinange seemed like a man of few words. ‘‘I have nothing to do with you,’’ he told Uncle L. With that, my uncle was forcibly retired from the Central Bank of Kenya aged 40, an age where he wasn’t entitled to a pension. This is how Kenya is known to treat its best.

‘‘That is all I wish to say in deciding to risk my life by becoming an actor instead of a privileged spectator in the fraudulent deals through CBK during my last years with them.’’ Uncle L told the Commission when wrapping up his testimony. ‘‘And while I can claim a background in central banking, I can only claim a very great interest in the fields of money, banking and finance which would have enabled me to contribute to the economic transformation taking place in our sub-region. It is my hope that someday I will have the opportunity to bring to consummation that interest.’’                                                            

*** 

Sometime in 2014, Uncle L pulled me aside during a family gathering, sat me under a tree and started reading to me a letter of solidarity sent to him during his travails at the hands of the Moi state by a mutual friend he shared with Muliro, who had since moved abroad. The letter was aged, worn thin by the elements and now turning brownish. As he read it, it was as if he was being transported into a different realm. Tears started rolling down his cheeks, but his voice didn’t falter. He was crying, but he wasn’t. I felt both sorry and proud of him, for his endurance, defiance and stoicism. It was an awkward yet special moment. As always, the conversation veered back to Goldenberg. He quickly dispatched his son to bring more documents. He wanted to show me the architects of the 1990-1994 Goldenberg fraud.

Unless one lived through it or studied Moi’s state in the 1980s and 1990s, one may be prone to ask: How could Pattni wield so much power within the state, including at the Office of the President, knowing that power was centralised around Moi?

According to Uncle L, much as it had siphoned billions of shillings, Goldenberg International was not the only guilty party; the Goldenberg Inquiry listed over 500 individuals and companies as recipients of portions of the loot. In the end, the Kenyan public was defrauded to the tune of 158 billion shillings (2.8 billion US dollars at the 1994 exchange rate), the scam transferring the equivalent of over 10% of Kenya’s GDP for the 5 years concerned into private hands. In the process, the Kenya shilling collapsed – dropping from 21 shillings in 1990 to 56 shillings in 1994 against the US dollar. Some of the names Uncle L mentioned, known to those who know within the banking system, left me dumbfounded. But then no one could talk. Those like him who dared speak were unceremoniously pushed to the gutter, their lives turned upside down.

The same fate befell Joseph Mumelo, the Central Bank’s Head of Foreign Exchange, who was married to my mother’s first cousin. As mentioned in the 8 February 2020 Saturday Nation article “Legitimate and dubious means Moi used to build empire”, Uncle Joe was asked not to interfere whenever money was siphoned through the Moi-affiliated Transnational Bank. In 1993, a terrified and non-cooperative Uncle Joe was arrested and detained before being kicked out of the bank.

When I joined Nairobi School in 1999, my family had already moved out of Nairobi, and so I spent my mid-term breaks either at Uncle Joe’s or Uncle L’s. They both had children my age. By then, Uncle L had long moved to his rural home. Uncle Joe retreated to his new home on the outskirts of Nairobi.

Whenever I visited, Uncle Joe and I stayed up until the wee hours of the morning playing Scrabble. He would open up to me about all sorts of things. Through him and Uncle L, I learnt the proper meaning of lying low. Just like Uncle L, Uncle Joe never drove any of his cars. He enlisted the services of a taxi driver who drove a Volkswagen beetle, and unless the guy showed up, Uncle Joe rarely left the house. On some nights, when he was brought home by his friends, Uncle Joe refused to get out of the vehicle until the song playing on the car stereo played to the end. His were little pleasures. Just like Uncle L, with his roaring voice, he cursed loudly at Moi and his men on the rare occasions he watched the news. Everyone knew to stay quiet.

According to Uncle L, much as it had siphoned billions of shillings, Goldenberg International was not the only guilty party; the Goldenberg Inquiry listed over 500 individuals and companies as recipients of portions of the loot. In the end, the Kenyan public was defrauded to the tune of 158 billion shillings (2.8 billion US dollars at the 1994 exchange rate)…

Seeing that Uncle Joe died before he could appear as a witness at the Goldenberg Commission, Uncle L decided to do family duty by adding Uncle Joe’s police statement at the time of his arrest as an annexure to his own, so that Uncle Joe could be heard posthumously. Below, the Commission’s Dr. Khaminwa questions Uncle L about Uncle Joe’s statement on the pay-outs.

Khaminwa: Would you look at your additional statement and read it. 

Lukorito: [Reads statement.]Further to my January 12, 2004 statement, I wish to state that sometime in July 1993, I learnt from the Central Bank of Kenya that one of my former seniors there, Mr. Joseph Mumelo had been arrested by police and was at Kileleshwa Police Station. I visited him and he told me that the previous governor Mr. Kotut had asked him to pass some cheques relating to some banks and when he later on put it in writing, the governor disowned him. I told him that I also had a similar problem with pre–export finance in relation to Goldenberg International. He told me he believed that it was the source of my problem with the bank. I later learnt that he was released and retired from bank service. I have been shown a statement recorded from the late Mumelo on July 23, 1993. The deceased shared the same views as those noted in my memo to Mr. Riungu on January 21, 1992. 

Khaminwa: You state that you had problems with Mr. Kotut regarding pre–export finance, could you remind us what the problem was? 

Lukorito: We got some applications from Goldenberg International but Mr. Riungu was absent. The papers were pushed to Mr. Kotut’s office but we never got any reply. We were not able to proceed because the papers were, to me, very suspect. They had the same CD3 serial numbers from different banks and the amounts were substantial. Mr. Mumelo appeared scared and told me that he was not staying at home because he had been threatened by powerful people. He was moving from hotel to hotel. He cautioned me and from July 1993, I never drove any of my vehicles.

Uncle Joe’s and Uncle L’s well-being – careers, livelihoods, health, family life and their wives’ and children’s welfares and futures – all became collateral damage because they raised queries which had the capacity to unravel Goldenberg. These are the hauntingly traumatic memories some families have of Moi and his government. Sadly, the Goldenberg culprits remain unpunished to date.

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Isaac Otidi Amuke is a Kenyan writer and journalist.

Politics

Do You Know What Is on Your Plate?

You may not know it but you’ve probably been ingesting carcinogenic, mutagenic and neurotoxic chemicals along with your ugali, sukuma wiki and kachumbari.

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Do You Know What Is on Your Plate?
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I had never really given much thought to what I ate and how it was produced. That is until, in the early 90s, an outbreak of Bovine Spongiform Encephalopathy – BSE, more commonly known as mad cow disease – led to the slaughter of 4.4 million head of cattle in the United Kingdom in an effort to contain the disease, and to a decade-long ban of British beef exports that ruined that country’s beef industry. The BSE outbreak is thought to have been caused by the practice of supplementing cattle feed with meat-and-bone-meal (MBM) rendered from the remains of other animals. The disease soon crossed over to humans through the consumption of BSE-contaminated beef, a new version of the neurological Creutzveld-Jakob Disease (vCJD) that took its first victim in May 1995 and has killed 177 people to date. In 2013 researchers reported that one in 2,000 people in the UK are carrying the human form of mad cow disease.

That same year, in February, a government livestock inspector was assassinated outside his home in the Belgian Flanders; Karel Van Noppen had been investigating the illegal trade in synthetic growth hormones that unscrupulous beef farmers were using to speed up the fattening of beef cattle and turn a quick profit. The use of synthetic growth hormones in cattle rearing has been found to have adverse effects on human health. I was living in Belgium at the time and I started asking myself what I had been eating. I wasn’t the only one; by the end of the decade, astute beef farmers were turning a tidy profit from the sale of organic beef to consumers like me who had become wary of the factory methods of production that had led to the BSE crisis.

With the appearance of organic beef on Belgian supermarket shelves, other organic produce soon followed and the shelf space dedicated to organic foods steadily grew. IFOAM-Organics International defines organic agriculture as “a production system that sustains the health of soils, ecosystems, and people. It relies on ecological processes, biodiversity and cycles adapted to local conditions, rather than the use of inputs with adverse effects. Organic Agriculture combines tradition, innovation, and science to benefit the shared environment and promote fair relationships and good quality of life for all involved.”

Today, in the West at least, it is perfectly possible to eat, drink and even dress only organic; but you must have deep pockets because organic produce is more expensive than conventionally grown produce.

The right to adequate food is recognised in the 1948 Universal Declaration of Human Rights and is enshrined in the 1966 International Covenant on Economic, Social and Cultural Rights of which Kenya is a signatory. The Office of the High Commissioner for Human Rights of the United Nations clarifies that the right to adequate food implies that food must be available, accessible and it must also be adequate, meaning that “the food must satisfy dietary needs . . . be safe for human consumption and free from adverse substances, such as contaminants from industrial or agricultural processes, including residues from pesticides, hormones or veterinary drugs . . . .” The irony is that even though produce that is certified organic meets all of these requirements, it is not produced in sufficient quantities and where it can be found, it is beyond the reach of most consumers, whether they are in the West or here in Kenya.

Having jumped on the organic consumers’ bandwagon back in Brussels after the 1998 dioxin- contaminated chicken crisis finally convinced me to abandon conventionally-grown produce, I was keen to maintain the lifestyle once back in Kenya, only to find the limited choice of produce that is certified organic prohibitively expensive. I did the next best thing and decided to grow organic fruits and vegetables, both for my own consumption and for sale to the end consumer, and thus did I come into close contact with the world of farming.

City girl born and bred, and never having grown so much as a blade of grass, I needed all the help I could get and turned to Mr John Wanjau Njoroge, founder and director of the Kenya Institute of Organic Farming and a pioneer of the organic movement in Kenya. Mr Njoroge sent me a recently graduated young couple who set me on the road to organic farming. It has been a steep learning curve; after a first successful crop of greenhouse tomatoes, bacterial wilt decimated the second one.

Kenyan smallholder farmers produce 80 per cent of the 400,000 tonnes of tomatoes produced annually — representing 7 per cent of all horticultural produce grown every year — but commercial production of the fruit is fraught with difficulties; if it isn’t tuta absoluta, it is fusariam wilt, or if you’re really unlucky, it is both. And so, to control these and other pests and diseases, farmers reach for chemical pesticides and fungicides.

The trade in pesticides in Kenya is largely in the control of private sector distributors and retailers who import and distribute the products to the Kenyan end-user, but there appears to be a training deficit in the safe use of these chemicals. Farmers rely on agrovets and agricultural extension officers for information on pesticides, yet the Kenya Organic Agriculture Network (KOAN) has reported that “they are recommending pesticide products that are toxic to human health, bees and fish”.

An analysis of pesticide residues in tomatoes and french beans from Murang’a and Kiambu counties found the presence of omethoate in tomatoes, an active ingredient whose use in vegetables is banned in Kenya, suggesting “poor pesticide handling practices by some tomato farmers in the two counties”.

And the situation is not much better in Laikipia County where a 2019 study of pesticide application and pesticide residue levels in kales and tomatoes in the Ewaso Narok wetland found that the majority of farmers had no training in the use of pesticides. The study also found chlorpyrifos and diazinon residues in the tomatoes sampled; both these active ingredients are banned in the European Union.

It is particularly worrying that chlorpyrifos — a pesticide that is harmful to the brains of foetuses and young children — can still be found on the Kenyan market. Chlorpyrifos was banned in the EU in February 2020 but it is also one of the seven active ingredients in the pesticides and fungicides that were found by KOAN to be in use in Kirinyaga and Murang’a counties.

KOAN reports that “The pesticides withdrawn in Europe are mostly used on tomatoes (15 active ingredients), followed by kale (14), maize (14), cabbage (10), coffee (10) and french beans (6). Since tomatoes, kale, maize and cabbage are part of the daily Kenyan diet, there is a real and significant threat to food safety.” The study found that tomatoes had the highest toxicity score, followed by kales and maize, all foods eaten by Kenyans daily.

It is particularly worrying that a pesticide that is harmful to the brains of foetuses and young children can still be found on the Kenyan market.

But even more worryingly, KOAN reports having found high residue levels of acephate and methamidophos in the tomatoes sampled. Acephate, which has been withdrawn in Europe, is registered by the Pest Control Products Board for use on roses and tobacco. Methamidophos is not registered for use in Kenya.

The reason why active ingredients which have been withdrawn in the EU (or whose use is restricted) find their way to Kenya is because of the so-called Double Standard; EU Regulation EC304/2003 allows EU companies to produce and export to other countries pesticides that are banned or restricted in the EU, effectively protecting EU citizens while exposing non-EU citizens to the ravages of dangerous chemicals and infringing on their right to food that is safe for human consumption. Indeed, the United Nations Special Rapporteurs on Toxic Wastes and the Right to Food have found that “widely divergent standards of production, use and protection from hazardous pesticides in different countries are creating double standards, which are having a serious impact on human rights.”

And while the Rotterdam Convention requires an exporter based in an EU member state to indicate their intention to export banned or severely restricted chemicals to a non-EU country so that the latter is alerted, this arrangement is hypocritical and merely serves to enable EU companies to continue manufacturing dangerous chemicals for sale in non-EU countries while providing them with the ready excuse that importing countries are aware of the nature of the chemicals they are bringing in.

Domesticating the 1966 International Covenant on Economic, Social and Cultural Rights, Article 43 (1) (c) of the Constitution of Kenya 2010 states that, “Every person has the right to be free from hunger, and to have adequate food of acceptable quality.” In line with this last requirement, and in the face of the dangers presented by the poorly regulated trade in pesticides, the Route to Food Initiative (RTFI), Biodiversity and Biosafety Association of Kenya, Kenya Organic Agriculture Network and Resources Oriented Development Initiative petitioned the National Assembly in September 2019 to withdraw harmful pesticides from the Kenyan Market.

In their petition, they reported that there are products on the Kenyan market which are classified as carcinogenic (24), mutagenic (24), endocrine disrupter (35), neurotoxic (140) and many others which have been shown to have an effect on reproduction (262). The petitioners argued that, while the volume of imports of insecticides, herbicides and fungicides had grown 144 per cent between 2015 and 2018, there was no data available concerning pesticide use and its impact on food and the environment, and also noted that the increase in pesticide use had not been accompanied by the necessary safeguards to control their application.

The petitioners also said that by failing to publish information in its possession on the levels of pesticide residues in food samples collected, and to put in place a monitoring system, the Kenya Plant Health Inspectorate Service (KEPHIS) was acting in contravention of Section 15 of the Pest Control Products Act. The petitioners also accused the Pests Control Products Board (PCBP) of failing to adhere to the international codes of conduct of the World Health Organization (WHO) and the Food and Agriculture Organization (FAO).

In its report on the petition tabled a year later in October 2020, the National Assembly’s Departmental Committee on Health responded that a blanket ban “without due consideration or risk assessment will not help, especially in the tropical conditions and areas experiencing an invasion of pests and diseases throughout the year.” The committee also argued that “severe limitation of the number of products available . . . will make sustainable use of plant protection products difficult, particularly managing the development of resistant pest populations.” The committee claimed that such a ban would threaten food security, lead to expensive food and reduced farmer incomes due to insufficient production.

The committee did however recommend that the PCPB develop regulations to ensure that only licensed and registered persons run agrovet outlets, and that the Ministry of Agriculture, Livestock and Fisheries undertake an analysis of the products on the Kenyan market in order to exclude those that are carcinogenic, mutagenic, neurotoxic and endocrine disruptors, and recommend the withdrawal from the Kenyan market of harmful and toxic pesticides. All this was to take place within 90 days.

Well, I visited two agrovets in our little township here in Nyandarua County who both told me that PCPB inspectors came calling last year to ensure that licence fees were paid and to ascertain that the products on their shelves had the PCPB logo indicating that they are authorised for sale in Kenya. Neither has been informed of any changes in the PCPB list of pest control products registered for use in Kenya and I could have bought pesticides and fungicides containing all but two of the active ingredients that KOAN found on produce in Kirinyaga and Murang’a counties: chlorpyrifos, which as I have mentioned above is harmful to the brains of foetuses and young children; diazinon, a neurotoxic organophosphate;  permethrin, a neurotoxin that is also highly toxic to animals, particularly fish and cats; bifenthrin, which has been classified as a possible carcinogenic; and carbendazim, a mutagenic fungicide that can cause birth defects and damage fertility. These active ingredients — all of which are banned in the EU — are among the top ten most harmful ingredients in terms of toxicity for humans and the environment.

Route to Food, which has done a study on pesticide use in Kenya, notes that, “Pesticides can persist in the environment for decades and pose a global threat to the entire ecological system upon which food production depends. Excessive use and misuse of pesticides results in contamination of surrounding soil and water sources, causing loss of biodiversity, destroying beneficial insect populations that act as natural enemies of pests and reducing the nutritional value of food.”

If we are agreed that access to safe food is a human right, then we must reject food production methods that endanger our health and put our lives in peril, that pollute our water and our environment and jeopardise our biodiversity, methods that put the profits of the shareholders of companies domiciled in foreign countries before the wellbeing of Kenyan consumers.

It is ironical that Kenya goes to great lengths to meet the phytosanitary conditions and Maximum Residue Levels (MRLs) imposed by the EU – Kenya’s main market for horticultural exports – while at the same time exposing its own citizens to the dangers of toxic pesticides manufactured in the EU.

If we are agreed that access to safe food is a human right, then we must reject food production methods that endanger our health.

We are not condemned to remain on the path of industrial agriculture, which has proven to be so devastating to the environment and to human health. As Daniel Maingi notes, “Perhaps it is time we looked to nature and farmers’ know-how in using another branch of science called agroecology” which, as the Food and Agriculture Organization (FAO) has recognised, is “holistic, balancing focus on people and the planet, the three dimensions of sustainable development – social, economic and environmental – while strengthening the livelihoods of smallholder food producers.”

We must therefore be vocal in our support of the endeavours of organisations such as the Route to Food Initiative, Biodiversity and Biosafety Association of Kenya, the Kenyan Organic Agriculture Network and Resources Oriented Development Initiative, in order to ensure that the recommendations of the National Assembly’s Departmental Committee on Health do not remain a dead letter but form the basis of a fundamental change in the way we produce the food we eat.

This article is part of The Elephant Food Edition Series done in collaboration with Route to Food Initiative (RTFI). Views expressed in the article are not necessarily those of the RTFI.
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How Biotechnologies are Shaping Kenya’s Food Ecosystem

Kenya has severally taken the top spot in “enabling the business of agriculture” annual rankings, opening its doors to patent-protected biotechnologies that could lead to the effective loss of our food sovereignty.

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How Biotechnologies are Shaping Kenya’s Food Ecosystem
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It has been said that he who controls the food, controls the people. But others have added that he who controls the seed, controls the food system. The race by multinational corporations (MNCs) to own and register patent protection on seeds and genetic traits, including DNA sequences, has led to a hierarchy of big players who now dominate the global markets through national and international legal instruments.

We have reached the stage where only four corporations dominate the global seeds and genetic traits markets, as they roll out patent-protected biotechnologies to both large and smallholder farmers worldwide. This is seen as a critical step in shaping food ecosystems here in Kenya and elsewhere in the world.

Power relations and roles in the biotech industry

During the last three years the world has witnessed spectacular mergers and acquisitions amongst the biggest actors in the industry — DowDuPont now Corteva, Bayer-Monsanto now just Bayer, and Syngenta/ChemChina. Together with BASF, these merged MNCs now control over 70 per cent of the global seed and pesticides market.

Their far-reaching wealth and power has been enabled by states and government actors working with global organisations such as the WTO (World Trade Organization) and UPOV (Union for the Protection of New Plant Varieties). The consequences have been a concentration of market share and influence, capital accumulation, and unprecedented economies of scale which have led to the marginalisation and the disinheritance of our common seed and genetic resources. The process of agricultural investment in so-called biotech innovation has come to be known as “the Green Revolution” or, increasingly now, the “Gene Revolution”.

Green Revolution (GR) is best understood as the wide-scale adoption and use of disruptive agricultural research and various technologies, including biotech, that are intended to increase agricultural productivity. Green revolutions therefore effectively convert farming and agriculture into an industrial system, because of the extensive adoption and use of new high-yielding seed varieties that often must be accompanied by the intensive use of mechanisation, large volumes of water and expensive irrigation infrastructure, pesticides, and fertilisers. The seed is a critical piece of GR and is the first portal to creating large-scale bio-economies, and imposing and enforcing patent and breeders’ rights protection through national and binding international laws.

The larger GR endeavour was initiated by Norman Borlaug. With funding from the Rockefeller Foundation, Borlaug helped develop high-yielding dwarf varieties of rust-resistant wheat. The Green Revolution’s early success in India was led by the agricultural scientist M. S. Swaminathan. He is known as the “Father of Green Revolution in India” for his role in introducing Borlaug’s dwarf varieties of wheat and rice in India. One of the impacts of this green revolution was that the yields of wheat and rice doubled, but the production of other food crops such as indigenous rice varieties, sorghums, millets, and pulses declined. This led to the loss of distinct indigenous varieties from cultivation and also caused the extinction of others.

Seed biotechnologies have profoundly changed consumption patterns over the years; the dietary diversity of India’s population has decreased as Indians eat more wheat and rice devoid of nutritive value.  Studies have shown that traditional coarse cereals (complex carbohydrates, high protein) have been permanently replaced by more white wheat and polished rice diets (simple carbohydrate, low protein), with the accompanying effects of obesity and malnutrition. An overweight population (BMI>25) has emerged as a new public health challenge, and this is most evident in large-landholding households, especially in the high-input agriculture areas.

In Africa, the first green revolution was a failure and efforts have been underway for a relaunch. The Alliance for a Green Revolution in Africa (AGRA) was founded in 2006 to bring high-yield agricultural practices and biotechnologies to millions of smallholder farming households. Bill Gates has an absorbed relationship with the wonder of computers and technologies.  Fascinated by the possibilities of big data and biotechnologies as the centerpiece for a new disruptive revolution in Africa’s agriculture, Bill Gates, through the Bill & Melinda Gates Foundation, together with partners including the Rockefeller Foundation, have collectively pumped more than US$1 billion in funding to the Nairobi-based AGRA.

Indians now eat more wheat and white rice devoid of other nutrients that used to come from the inclusion of sorghum, millet and mung beans in traditional diets.

To the delight of agribusiness corporations, GR means an expansion in the use of new biotech seeds, fertilisers, pesticides and, of course, irrigation infrastructure and the related mechanisation. To ensure that new seed technologies are adopted and used on a larger scale, Bill Gates has also channeled significant funding to entities such as the African Agricultural Technology Foundation (AATF), African Seed Trade Association, Kenya’s seed trader associations, and private companies. The goal is to influence and catalyse the transformation of agriculture policies and legislations and open up Kenya for commercial agriculture.

Together with the World Bank, the Gates Foundation has funded local stakeholders to lobby and advocate for reforms to remove “obstacles” in policies, laws, and regulations in agriculture, in what they term as “enabling the business of agriculture” (EBA). The annual ranking of countries is closely watched by investors and used by the World Bank, USAID, DfID, and other bilateral donors, to guide their funding. As a result, EBA drives the race to deregulate. Governments in poor countries compete with each other to “reform and change their agricultural laws” so that they can be ranked among the “Doing Business” best performers. Kenya’s performance in these rankings is also keenly followed by pro-biotech advocacy lobby groups.

The technology is the seed

Seeds carry the genetic traits or DNA sequences claimed as proprietary rights by the breeders or corporations that control them. The technology is in the seed and is the seed. Through stewardship agreements, farmers purchase seed, promise and sign on the dotted line that they are merely renters of the biotechnology and not owners. As such, they cannot multiply that seed for replanting; new seed must be purchased. They can also not store, give to others or even sell their harvested seed. Failure to adhere to these terms is a violation punishable by national and international laws. This means that MNCs are effectively controlling what food ecosystems emerge once a country decides to rely on biotech-gene seeds. It is an effective loss of food sovereignty and an abuse of farmers’ rights to seed, including the right to food at the household level.

Unfortunately, there have been many incidences where seed corporations systematically replace indigenous seeds with their proprietary hybrids through “generous donations”. After a few seasons, faced with a lack of alternative sources, the users must purchase patent-protected seeds.

Such is the case of the recently rolled-out Bt. cotton hybrids in Kenya. Dubbed first-generation biotech crops, Bt. traits focused on increasing market share and profits to patent holders by promising to eliminate the need for pesticide sprays against a limited range of insects. Another GM crop resistant to Round-up herbicide sprays caused enormous increases in Bayer’s sale of its herbicide, resulting in massive increases in market dominance. Once these crops become entrenched in the market and food ecosystem, farmers are often faced with a serious challenge as there are no alternative versions from other competing companies. In Kenya — as in India — Bayer-Mahyco has absolute power and market control, a situation enabled by the government with little public discourse.

Through stewardship agreements, farmers must purchase seeds and promise by signing on the dotted line that they are merely renters of the seed and not owners.

In the second-generation biotech crops, there was a focus on the traits desired by farmers, and much of the research was funded by public-private partnerships, as opposed to being funded only by the private sector, as was the case for first-generation GMOs. Virus-resistant cassava and sweet potato, together with GM banana in Uganda, are candidates in the former category, which is seen as an attempt by MNCs to repair their public image with the help of philanthro-capitalists like Bill Gates. These Biotech crops are vegetatively propagated (not grown from seed), and are not amenable to traditional plant breeding, creating an opening for a GM approach. Critically, vegetative propagation also means that farmers do not need to repurchase seed every year. What effect these second-generation feel-good biotech crops will have on the food ecosystems is yet to be ascertained. Second-generation GMOs in agriculture include “functional” plants designed to produce pharmaceuticals, fuels, and industrial compounds. It is doubtful that these new biotechnologies will have a role in Kenya’s food ecosystem.

The future of GR in Kenya’s food system

In India, GR technologies were rolled out in 1967 when dwarf and rust-resistant wheat varieties were released. The results were so fast and so significant that, just three years later, Norman Borlaug was awarded the Nobel Peace Prize in 1970 in recognition of his contributions to world peace through increasing food supply. It is claimed that he saved a billion people from starvation.

In Africa, it has now been 15 long years since the new GR was launched. AGRA pledged in self-declared milestones that it would double the earnings of 20 million small farmers by 2020 while halving food shortages in 20 African countries. A Tuft University study found little evidence of significant increases in productivity, income, or food security for people in the 13 main AGRA target countries, but rather, demonstrated that AGRA’s Green Revolution model is failing. Between 2013 and 2015, AGRA and CIMMYT released at least 25 water-efficient drought-tolerant maize hybrids (WEMA) for farmers in Kenya. To date, there have not been any magical yield increases as was evident in India when the hybrid wheat and rice varieties were released. Despite the widespread use of these biotech varieties, the increased use of pesticides and fertilisers, and the extensive use of tractors, GR remains a dream in Kenya’s food economies.

There have been many incidences where MNCs systematically replace farmers’ own indigenous seeds with their proprietary hybrid seeds by providing “generous seed and fertiliser donations”.

Why is it so difficult to ignite a green revolution in Africa? AGRA has funded projects and lobbied African governments for the development of policies and market structures that promote the adoption of Green Revolution technology packages. Kenya has taken the top spot in enabling the business of agriculture, opening its doors to these biotechnologies. It has won praise and accolades from donors and partners. What else is there to be achieved? It is highly doubtful that affixing Bayer’s Bt. insect toxin gene to the drought-tolerant WEMA (now TELA) trait will be the launch of Kenya’s green (maize) revolution. It is also highly uncertain that Kenyans will suddenly change their modern dietary habits and start eating biotech cassava, engineered, not for high yields, but to resist viruses.

There is a wave of “new genetic modification techniques” touted to lead to the third generation of GMOs. These include genome editing using various tools such as special enzymes to cut, repair, or even bring new segments into the DNA of living food organisms. Such technics appear to be science visioning, with biotech supporters saying that one will be able to delete allergy traits from the DNA of peanuts and make lactose-free milk to the joy of lactose-intolerant populations.  These modification techniques have already been tested out in the current roll-out of mRNA-mediated covid-19 vaccines, and appear poised to make a thundering entrance into Kenya’s and Uganda’s food ecosystem through cassava that is protected against viruses. Noteworthy is that citizen resistance against this GMO technology will be met with a stern and stark reminder that it is the same GM technology that was used to protect us from the coronavirus and its associated mutations. The new GM technology skipped many important safety and risk assessments and the vaccines were released under public emergency orders worldwide.

In 1967, Norman Borlaug’s GR varieties undoubtedly averted food shortages albeit temporarily. But they were unable to deter poverty. In fact, GR technologies might have added to it. The high-yielding seeds demand expensive fertilisers and more water. In India, GR led to rural impoverishment, increased debt, social inequality, and the displacement of vast numbers of peasant farmers.

What then must we do to ensure a just and equitable food system in Kenya? What is the way forward for gene and green revolutions in Kenya? It appears that our experts and technologists have had every room and resource to make Kenya food-secure using all forms of modern biotechnologies yet there have been no significant results to phone home about. Perhaps it is time to cut our losses and shirk the industrial-agricultural model that is based on industrial principles. Climate change is not helping Kenyan farmers. Researchers have been unable to come up with solid biotechnologies that can sustainably overcome stresses from our unique harsh farming climates. Perhaps it is time we looked to nature and farmers’ know-how in using another branch of science called agroecology.

GR agriculture increased farmer debt, which resulted in increased social inequality, and the displacement of vast numbers of peasant farmers who had to make way for larger farms.

Agroecology encourages the building of resilience through crop and varietal biodiversity on the farm. Monocrops are to be avoided to reduce pests and diseases. Farmers and extensionists teach that planting mixed varieties of locally adapted maize on the same farm creates resilience against pests like stem borers and fall armyworms that GMO Bt. maize seeks to control. Farm-level diversity is the key to survival. Seeds with many traits – drought resistance, early ripening tendencies – make for greater ability to adapt to climate change. Relying on just a few varieties is dangerous and making unending royalty payments to the holders of those food varieties is worse as it undermines food sovereignty at the farm level.

Agroecology encourages the defense of farmers’ rights, the rights to nature, and demands the renegotiating of the contract between state and society as stipulated in our 2010 constitution. Farmers have a right to seed for food and livelihoods. They should be able to freely keep, further develop, sell or even gift their planting material as is culturally accepted. The government should be at the forefront of protecting their rights – and not creating skewed power relations between farmers and farm input providers.

Good agroecology practices further demand an accelerated shift towards local food production and short supply chains. The emphasis is on local food sufficiency that encourages ethical consumerism.

There is an urgent need to review, reform, and reconfigure the UN’s agri-food agencies to be more responsive to the poor and disadvantaged in the food system. The FAO (Food Agriculture Organization) and the CGIAR (Consultative Group on International Agricultural Research) have received funding from the World Bank and the Bill & Melinda Gates Foundation, swaying research and policy priorities towards more biotechnologies in our food systems. Dr Agnes Kalibata, President of AGRA and board member of the International Fertilizer Development Center, has been appointed as the UN Secretary General’s special envoy to the 2021 UN Food Systems Summit to be held in September 2021. This signals that the summit will be yet another forum that advances the interests of MNCs and agribusiness at the expense of farmers.

It is time to put the seed back into the hands of the farmers. Remember, he who controls the seed controls the food system. If Kenya is to take back control of its food system and reassert its sovereignty over its agriculture, its citizens — free from corporate influences — must be at the forefront of any restructuring of the food system. This is the only path to a just and sustainable food bio-economy that is not subject to the whims and fancies of corporate controllers of biotechnologies.

This article is part of The Elephant Food Edition Series done in collaboration with Route to Food Initiative (RTFI). Views expressed in the article are not necessarily those of the RTFI.
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The Extraordinary Journey of J. P. Magufuli and Comparative Perspectives of Dog-Eat-Man Regimes

Tanzania and Kenya represent two of the continent’s more closely matched territories. But the contrast between the two countries remains among the most intriguing examples of post-independence Africa’s political comparison.

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Magufuli’s Legacy: The Good, the Bad and the Ugly
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In 2015 John Pombe Magufuli became Tanzania’s accidental President. Colourful and charismatic, Magufuli charmed the masses during his five years in office. He demanded results and pulled off successes that were elevated to the status of minor miracles. He channeled his inner Julius Nyerere to revive Tanzania’s distinctive internal self-reliance-based identity.

The state was back, and the state was Magufuli. He used his campaign against the mabepari class to grandstand on a regular basis, and the coronavirus pandemic provided the former chemist with an opportunity to elevate his anti-imperialist credentials. His controversial stance won him approval across the region: several of my colleagues remarked that “Magufuli is the only African President to speak truth to the pandemic”.

Then his government ministers began getting sick. Magufuli disappeared from public view. After two weeks of rumour and speculation, Tanzania’s Vice President announced his passing due to a chronic heart condition. Corona or coronary? Magufuli’s outsized sending off soon overtook conjecture about the cause of his death.

It began with the usual laudatory speeches by his fellow African heads of state. The dead president then set off on a grand tour that took him across the country by land, sea, and air. The wananchi paid homage by throwing their clothes on the road in front of the motorcade escorting the casket. People lining the road chanted, “jeshi, jeshi!”

The lionisation of the dead president was a fascinating trope, amplified by the mellifluous High Swahili commentary accompanying the televised coverage of the Magufuli hegira. My wife had become a Samia Suluhu Hassan fan. She insisted that the TV remain tuned to the Tanzania Broadcasting Corporation channel.

The stature of Tanzania’s domestic Shujaa grew over the course of the week. Like the mythical wrestler Anteus, who grew stronger when he touched the ground, Hayati Rais appeared to be drawing new power from the landscape as the conquering hero’s body made the long journey from Zanzibar to Chato, his lakeside home.

By day three of the roadshow, Tanzania’s state media was praising the departed leader, as Jabali ya Africa, “the rock who stood up to the West”. But Twitter was providing an interesting counter-narrative; for Tanzania’s online opposition, the “Jabali” was “Jiwe”, the “stone” who terrorised his critics and pummeled the political opposition. Day four brought the claim by a Chama Cha Mapinduzi party sycophant that the Magufuli show was attracting an audience larger than that of the last two World Cups.

I was looking forward to seeing Chato, the village that during Magufuli’s tenure had been transformed along the lines of Houphouët-Boigny’s Yamoussoukro birthplace in Côte d’Ivoire, and Mobutu Sese Seko’s Gbadolite home in the Congo. I was not able to catch the end of the journey because of a close friend’s funeral. But I did witness the dead president’s final apotheosis, which led me to pause on my way out the door: “With due respect to our respective religions”, one of the TBC commentators was remarking, “it should be recognized that President Magufuli was a Nabii.”

The roadshow that followed was a skillfully executed event that provided the Bulldozer’s inner circle with the breathing room needed to ring-fence the new President.

Nabii is the Swahili term for prophet. The proof of his prophethood (unabii wake), the commentors went on to explain, lay in the fact that President Magufuli was the only world leader God sent to warn us that the pandemic is a crisis manufactured by the global elite to extend the hegemony of Big Pharma and other agents of the international capitalist order.

The real news for some of us was Vice President Samia Sulubu Hassan’s swearing in as the Republic’s sixth Head of State. Tanzania’s record of relatively seamless political succession was further enhanced by her status as a female Muslim from a minority community. My wife, who is from Lamu and has never seen anyone of her background in a position of power, declared, “Samia is my president.”

It is hard to envision a similar sequence occurring in Kenya, or for that matter in any other country in the Horn of Africa.

Dog eat dog versus man eat nothing

“No contrast, no information”, my field linguistics professor used to tell us. The large number of African states and the interesting dyads they form makes for a lot of information. Nigeria and Ghana, Mozambique and Angola, Egypt and Sudan, Guinea and Sierra Leone, are examples that come to mind. But the Kenya-Tanzania contrast remains among the most intriguing examples of post-independence Africa’s political comparison.

Tanzania and Kenya represent two of the continent’s more closely matched territories. They are linked by centuries of interaction on the coastal strip and a common history that gave rise to Swahili as the region’s lingua franca. Together they host the world’s most famous concentration of wildlife. Artificially divided into two countries by European powers, the modern nations created by imperial intervention were shaped by the same colonial model. Both gained independence under leaders inspired by the spirit of Pan-Africanism.

Tanzania’s record of relatively seamless political succession was furtherenhanced by her status as a female Muslim from a minority community.

Tanzania’s more uniform geography supported the intricately networked small-scale societal adaptations documented in Kjekjus’s classic study, Ecology Control and Environmental Management in East Africa. Kenya’s physical environment conditioned the country’s more complex ethno-economic composition diversity; late precolonial era migrations contributed to Kenya’s more variegated population of Bantu-, Nilotic-, and Cushitic-speaking communities.

Where the harshness of the German occupation in Tanzania inoculated the population with a healthy dose of anti-colonial consciousness, many Kenyan communities welcomed the Pax Britannica, in part due to the disruptions of the decade preceding it. Efforts to force peasants to cultivate cotton for export in Tanzania triggered the Maji Maji rebellion in 1905, and the movement rapidly spread across southern and parts of central Tanganyika until its brutal suppression.

The commercial economy introduced by Kenya’s colonial rulers created new opportunities and avenues for accumulation. The first stirrings of anti-colonial opposition only emerged after World War II. The ethnic base of the Mau Mau insurgency contrasted with the nationalist focus of Tanzania’s liberation politics. The new countries nevertheless came into existence driven by a common vision of the future and its possibilities.

It was a time of idealism and political experimentation. Shared orientations propelled Kenya, Tanzania, and Uganda to form the East African Community soon after independence. The union represented a practical first step towards Kwame Nkrumah’s vision of a United States of Africa—before political liberation gave way to an era of competing ideologies, superpower patronage, and military coups. Much of the ideological superstructure of that period ended up either dissipating gradually or collapsing for reasons that have been rigorously documented.

Technically, both Kenya and Tanzania subscribed to the third path option championed by the non-aligned movement, but their economies were moving on diverging paths. The East African Community foundered, undermined by economic differentials fueled by Kenya’s colonial economic legacy and Tanzania’s Fabian socialism. The ideological bifurcation saw Kenya and Tanzania become proxies for the struggle between the world’s capitalist and socialist systems.

The clash between Jomo Kenyatta’s conservatism and Julius Nyerere’s idealism highlighted their contrasting political ideologies and the external support they attracted. In 1975 the submerged tensions between the two countries surfaced in an exchange of words between Tanzania’s President Julius Nyerere and Kenya’s Attorney General, Charles Njonjo. Nyerere referred to Kenya as a “dog eat dog” society; Njonjo retorted by describing Tanzania as a “man eat nothing economy”.

The ideological bifurcation saw Kenya and Tanzania become proxies for the struggle between the world’s capitalist and socialist systems.

There is a simpler explanation. Where Kenya retained the hierarchical Anglo-colonial template after independence, Tanzania adopted the more integrative Swahili model of nation-building. As Jomo Kenyatta once told his fellow East African presidents after Milton Obote adopted the socialist Common Man’s Charter in Uganda, “I cannot experiment with [the] lives of my people.”

Donor-mandated structural adjustment policies of the 1990s brought the countries’ economies into closer alignment. But the different trajectories pursued by Kenya and Tanzania continued to reflect their contrasting developmental strategies, and the delicate balance of competition and cooperation defining the two countries’ bilateral relations.

Convergence revisited

Kenya and Tanzania’s ideological differentials are sufficient but not necessary explanations of the two nations’ post-independence divergence.

Crawford Young’s seminal work published in 1981, Ideology and Development in Africa, confirmed as much for the two decades following independence. Young concluded that the strong ideological groundings informing Africa’s capitalist, socialist, mixed, and Afro-Marxist economic models, although important, did not significantly influence their performance. This is consistent with historical studies that show how countries within a geographical region tend to converge over time.

This trajectory appears to hold for the comparison examined here. Tanzania has recorded impressive economic growth under the neoliberal policy regime. Although Kenya is still East Africa’s strongest economy with an annual GDP of US$37 billion versus Tanzania’s US$28 billion, Tanzania’s per capita GDP is now only US$200 less than Kenya’s (US$1,600 vs. US$1,400). Some 50 per cent of Kenya’s population is below the poverty line in contrast to 33 per cent in Tanzania, which also performs better in several categories of social development.

Tanzania was catching up to Kenya in the Transparency International annual corruption rankings until Tanzania’s position improved slightly after Magufuli took office. His anti-corruption campaign saw hundreds of civil servants lose their jobs, but only a few cases of prosecution. The offensive targeting international investors and domestic business interests took up the slack. The state charged international investors and domestic businessmen in court for underpaying taxes and other violations.

Barrick Gold Corporation, the Canadian mining company that has helped make gold the country’s leading export commodity, received a notice claiming it owed US$190 billion in fines and unpaid taxes. Many of these cases resulted in negotiated settlements and revisions in the terms of their contracts. Barrick ended up settling by paying US$300 million and increasing the government’s stake in their operations to 50 per cent.

Some 50 per cent of Kenya’s population is below the poverty line in contrast to 33 per cent in Tanzania, which also performs better in several categories of social development.

Both of these campaigns, and Magufuli’s rejection of China’s debt diplomacy and IMF loans, enhanced the President’s reputation as the “Bulldozer”, but did little to effect the structural changes needed. Tundu Lissu, the head of Tanzania’s main opposition party, reported that many of the settlements were actually shakedowns initiated by the President’s CCM faction. Such behind the scenes venality accounts for Magufuli’s silencing of Tanzania’s media and the intensified persecution of the opposition during last year’s national elections.

Sources on the ground report a more complicated picture than the pumped-up legacy conveyed by state media. Although Tanzania joined the ranks of lower middle-income societies in 2020, the improved household income generated by the pro-market policies enacted by Magufuli’s predecessors is being eroded by the rising cost of living, while demographic growth is increasing pressure on the country’s land and natural resources.

Presidential activism failed to arrest the downward drift of conditions across Tanzania’s rural areas. Magufuli’s opposition to international capital limited smallholder access to the contract-farming arrangements that have enabled Kenya’s small-scale producers’ participation in global supply chains. While the benefits of contract farming are contested in academic circles, participation in out-grower schemes has led to improvement in producer terms in a number of cases, and improved access to inputs while diversifying livelihood options for many rural households.

The revival of the East African Community in 2010 was boosting both countries’ commodity exports to each other until tit-for-tat border disputes contributed to a drop to pre-2010 levels. Bilateral trade is a sub-set of the policy frame promoting regional integration, which has in turn triggered a scramble to upgrade the infrastructure facilitating trans-national linkages. This brings us to the governments’ penchant for mega-projects like Kenya’s grandiose Lamu Port-South Sudan-Ethiopia-Transport corridor project (LAPSSET) and Tanzania’s Southern Agricultural Growth Corridor (SAGCOT).

LAPSSET came to be viewed as a cash cow for Kenya’s state-based cartels before it stalled due to the withdrawal of once enthusiastic international investors. Analysis of the SAGCOT corridor indicates it has generated mainly just-for-show benefits while facilitating the entrance of large-scale agribusiness actors at the expense of local smallholder communities. Both countries are beneficiaries of economically dysfunctional Chinese railroads, contrasting monuments to that country’s contribution to regional linkages over the years.

Even in the presence of more comprehensive analyses of the two countries’ development, it is difficult to arrive at definitive conclusions about the efficacy of the Kenya and Tanzania models. They are more connected — Kenya-based companies are the second largest source of foreign investment in Tanzania — than at independence, yet seem even farther apart now with respect to their political sensibilities.

Local folk models provide more succinct perceptions of the differences. Talk to Kenyans and they will characterise Tanzanians as laid back, loquacious, and xenophobic; talk to Tanzanians and they will tell you their neighbors are arrogant, aggressive, and hopelessly tribal. But if you pursue the conversation further, most will show that they understand their neighbours better than formal analyses like the one above convey. Informants on each side of the border will probably concede that their governments have become dog-eat-man regimes.

Political theatre and executive revisionism

Is Magufuli’s hyper-nationalism at odds with Kenya’s constitutionally mandated federalism? In reality, each of these shifts from the previous status quo have been manipulated to reinforce the two states’ tradition of top-down governance. Both governments face an ongoing crisis of constitutionalism, and both have resorted to elaborate exercises of political theatre to camouflage their respective political elites’ strategies to remain at the top of the food chain.

Kenya’s Building Bridges Initiative began with the handshake marking the reconciliation between Uhuru Kenyatta and Raila Odinga, then morphed into a comprehensive gambit to revise the nation’s new constitutional order. Two years later the government released an eloquently worded BBI task force report that was long on promises to fix long-festering problems, but short on how they would be implemented.

Informants on each side of the border will probably concede that their governments have become dog-eat-man regimes.

The provisions to double the seats in the senate, create 80 new parliamentary constituencies, and create positions for a prime minister and four deputy presidents are hard to justify for a country that already expends 48 per cent of its budget on state salaries. Unlike his father, Uhuru Kenyatta is not averse to experimentation. But the circus orchestrated by the BBI’s political beneficiaries has worked to redirect attention away from such inconvenient details.

Since the handshake the Kenyan public has been subjected to an unrelenting procession of media publicity, traveling pep rallies, and tactics used to herd reluctant politicians into the BBI corral. The campaign has been an amped up version of the Moi playbook, featuring theatrics reminiscent of the anti-Nyayo charade the former President used to outmaneuver his opponents during his early days in office.

The rapid deterioration of Magufuli’s health clearly caught his CCM faction by surprise. The media coverage of the President’s elevation from politician to prophet contrasted with the opaque treatment of his last two weeks on earth — or was it actually one week, as the intelligence that he actually passed away on the 10th of March claimed?

The Nabii failed to prophesise his departure from the stage. The roadshow that followed was a skillfully executed event that provided the Bulldozer’s inner circle with the breathing room needed to ring-fence the new President, who receded into the background after her eloquent speech at the funeral. In the meantime, critics were pointing out how the new government’s key appointments violated the process mandated in Tanzania’s constitution.

These games, however cynical, are part of a larger contest being waged across the larger Horn of Africa region, pitting executive power at the centre against distributed governance. Museveni’s Uganda presidency has dynastic ambitions, Rwanda is a developmental dictatorship, and Farmajo wants to restore the same kind of centralised state in Somalia that led to its collapse in 1991. Ahmed Abiy’s ugly war in Tigray is linked to his ambition to reverse the devolution established by the 1994 constitution that declared all sovereign power resides in the Nations, Nationalities and Peoples of Ethiopia.

The strategies to bolster control at the centre that we are witnessing in Kenya and Tanzania may be benign by comparison, but the actions taken to muzzle the press and critics of government policies, along with political impunity, and institutionalised corruption, are not. They differ from the efforts to recentralise the state elsewhere by degree, not in kind.

Reimagining the African state?

The trend is part of a wider global pattern. Since 2017 opposition to heavy-handed governments and their policies has erupted across the world, occurring mainly in authoritarian and authoritarian-leaning states. These surging protests correlate with the reversal of gains in democratisation, respect for human rights, and increased local autonomy across the world.

Liberalisation catalysed a universal movement towards self-determination and the deconcentration of political power. Twenty years ago, scholars were even predicting the end of the nation-state as we know it. In recent years the state has fought back with a vengeance. Recent African developments, for example, reflect the influence of the surveillance state in China that is now challenging the democratic values guiding the post-1945 world order.

There was near-universal belief in the monolithic state at independence, and in the assumption that Africa’s leaders would use its power for the benefit of their populations. By the end of the 1960s these beliefs and assumptions were in tatters. African nations’ largely trial-and-error efforts to balance the nation-building equation since that time still represent the prerogative to adapt the state to the continent’s unique initial conditions.

The unique combination of scholarship, deep historical inquiry, and political imagination that flourished during the post-independence period, at least in theory, remains a useful resource for navigating Africa’s developmental future. The reforms of the post-1989 period come over as dismal and devoid of spirit in comparison, incapable of generating the creativity and passion inspired by the ideas that preceded them.

Tanzania was one of the continent’s leading exemplars of that era’s critical thinking. To his credit, John Pombe Magufuli fought to establish an equitable relationship with international capital while his counterparts in Kenya were drinking the foreign debt Kool-Aid. Theory is useful but trial and error empiricism is the best teacher. We hope that President Samia Suluhu Hassan will use the information generated by the two countries’ contrasting experience to negotiate an adaptive middle path without too much fanfare.

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