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A Short History of Constitutions and What Politicians Do to Them

17 min read.

History, again, seems to be repeating itself. A system of government established in a constitution is in danger of being radically changed for the benefit of politicians. But this is not new, argues Prof. Yash Pal Ghai. In fact, a peer into the history of constitution-making in Kenya reveals a tendency of the political class to subvert theses processes for their own benefit.

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A Short History of Constitutions and What Politicians Do to Them
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1963 and Jomo

Kenya has gone through multiple systems of governance, starting with the British and their occupation of our country. There is little point in discussing the British period, though in some important ways it seems that our rulers have been inspired by the ethos of the colonial British. Britain did try, at the demise of its rule, to establish in Kenya, a Westminster parliamentary system but at the same time incorporating special provisions for the protection of minorities. Despite the resistance of the leaders of dominant tribes, particularly Jomo Kenyatta, they had to accept the rights of minorities (mostly indigenous), even though the proceedings took an enormously long time.

The major difference in the negotiations for the 1963 Constitution was over whether Kenya should be a unitary state or divided into regions (majimbo). It became clear to those opposing majimbo that this was the price for independence. The deep divisions among Kenyans (divisions created to a considerable extent by colonial policy) might have led to Kenya’s disintegration, but for pressure from Britain. Jomo realised that it was worth conceding to the British terms: so long as he became prime minister (with Britain out of the way), when he could dispense with majimbo. This he did within a year, with other major changes, making the state highly centralised—and under his control, not as prime minister but as executive president. Jomo, it has to be said with sadness, set an extraordinarily bad example for a head of state, with no respect for democracy or integrity. We still suffer from these ailments, which his son has promised to remove—with BBI?

1978 – 2002 and Moi

Daniel arap Moi, successor to Jomo (accepted only on the understanding that the Kikuyu politicians would be dominant), set no better example, adopting largely his master’s style of administration and lack of integrity. Jomo and Moi had no respect for the Rule of Law, a central virtue of the constitution giving us independence. Politics ceased to be about policies but instruments of violence (of even honest and nationalist Kikuyus). The popular Tom Mboya, a minister regarded by many as the rightful successor to Jomo was killed. It was widely believed by government agents.

2002-5 Kibaki and the Bomas Draft Constitution

The end of the Cold War and considerable agitation from the younger generation of Kenyans and pressure from West (formerly supporters of corrupt and cruel politicians rulers, here as elsewhere) led to the preparation of a new democratic and fair constitution. There were considerable discussions among the public on the values of the new constitution in which some kind of consensus emerged. But there was little discussion at first among politicians, but in due course, the then opposition parties came around to the idea of moving towards a new constitution. Moi’s party remained scrupulously out of any discussion.

Eventually, a committee of scholars and activists was appointed to undertake the process of wide consultations and to draw a draft of the constitution for consideration of a constituent assembly, consisting of a wide cross-section of Kenyans, in regional and professional terms. After nearly four years of consultations and negotiations, a draft constitution was agreed—and adopted, by the constituent assembly (“Bomas” after its venue, the Bomas of Kenya cultural centre). Its values included: national unity, rule of law, democracy, participation, a wide range of human rights (with special provisions for the marginalised), good governance, integrity, transparency, and accountable development.

Jomo and Moi had no respect for the Rule of Law, a central virtue of the constitution giving us independence. Politics ceased to be about policies but instruments of violence.

Needless to say that it received wide acclamation but not from that eminent Kenyan, Mwai Kibaki. Kibaki provided a very good example of the self-centred Kenyan politician. A senior minister once (in Kenyatta’s time), he had fallen out with President Moi by the time the process for adopting a new democratic constitution.

Initially, Kibaki probably thought that his chance of getting back into power was through the parliamentary system. He and his party (assisted by Kiraitu Murungi) were among the first to make submissions to the Constitution of Kenya Review Commission (CKRC). He urged it to adopt the parliamentary system—even though he had been the beneficiary of presidential system politics under Jomo and Moi. He made a spirited denunciation of what he called “the imperial presidency”. He appeared to stick to this position during much of the Bomas Constitutional Conference process.

Meanwhile the members of Bomas were debating the CKRC proposals – made after intensive consultations with Kenyans of all kinds, throughout the country. The membership of Bomas (officially 629) comprised all the parliamentarians (222), representation of all the districts (chosen by the District Boards), and civil society and professionals (with fair representation of women and people with disability). A broad consensus was emerging in favour of a parliamentary system: with a President having a largely formal role except for minimal powers to counterbalance possible abuses by the government, and a Prime Minister, with the support of Parliament, as head of government.

Kibaki and his team, however, changed tone at this stage and started arguing for the executive presidential system. Having defeated Moi’s chosen successor (Uhuru) in 2002 he had begun to realise the “virtues” of the presidential system that gave him as President so much power.

Kibaki and his team started more or less to boycott Bomas. And rumours suggested that Kibaki and his team were engineering a challenge to the entire Bomas draft – and as Chair a leading lawyer warned me, confidentially, that this was taking the form of a court case, which would go against the Bomas process. I increased the pace of the Bomas discussions, even at the cost of foregoing refinement of the provisions of the draft constitution on devolution.

…Kibaki and his team started arguing for the executive presidential system. Having defeated Moi’s chosen successor (Uhuru) in 2002 had begun to realise the “virtues” of the presidential system that gave him as President so much power.

The remaining Bomas members worked extremely hard, burning the midnight oil, with good discussion, to conclude the agenda and in the presence of a large audience (in addition to the Constitutional Conference members themselves), the draft constitution was adopted in accordance with the prescribed rules, by an overwhelming majority.

The court case and its consequences

Sure enough, a few days later, the High Court decided that there was a fundamental flaw with the whole Bomas process. There were major problems with the litigation. It was started three and a half years after the start of the process, when the draft constitution was nearly done.

The identity of the presiding judge caused a good deal of comment. At the time he was in the running for one of two prominent positions: as head of a new post of a new anti-corruption body, carrying the highest salary in the land, or promotion within the judiciary. After the case he was offered, and accepted, the former, a position essentially in the gift of Kiraitu Murungi who held a senior ministerial post. That judge’s lengthy judgment designed to demonstrate the faults in the procedure of Bomas, was full of references to cases and arguments that had not been raised by the plaintiff.

Bomas was killed thus. This enabled the government to take over the whole process, amend the document to take away the parliamentary system – returning to a largely presidential system. But the government’s butchered version of the constitution was rejected by the people in a referendum – as much motivated by disappointment with the regime as by the detail of the constitution. Nevertheless, no-one in the government mourned this referendum result: it left them with the old, discredited constitution, complete with its imperial presidency.

Returning to the old authoritarian system led to discrimination, ethnicity driven deceits and conflicts. Elections under the old system predictably gave rise to disputes. The 2007 elections were the most critical, with Kibaki and Odinga as the front runners—Odinga the supporter of Bomas constitution and Kibaki favouring the old model. The campaign was organised purely on ethnic lines (Kikuyu versus Luo). The campaigns of Odinga and, especially, Kibaki were conducted largely in their own tribal areas, each carefully avoiding the other’s territory. It is generally accepted that Odinga ran an impressive campaign, supporting the values implicit in the Bomas draft, not narrowing his support to his own tribe, travelling widely.

As the historian Charles Hornsby put it: Odinga personified a popular movement for radical change, while Kibaki was positioned as leader of a reactionary, tribalist, old guard that had mismanaged Kenya in the past. Odinga fought hard for integrity, while Kibaki was suspected of corruption.

Outwardly, it seemed that Odinga was winning by a huge majority, with wide national support, while Kibaki’s support was restricted to Kikuyu, Embu and Meru areas. Odinga’s team had won widely throughout the country. The mode of the counting of votes seemed increasing dubious as the results were announced—or not announced till the last minutes. Gradually Odinga’s huge initial lead over Kibaki started to give way to Kibaki’s lead. In the elections for Parliament, the victory of Odinga’s party, the ODM was overwhelming (presumably the counting was at this level). It was widely believed that Odinga had been cheated of his victory; there was ample evidence to this effect, acknowledged by the head of the electoral body itself. But the false result prevailed.

As historian Hornsby put it: Odinga personified a popular movement for radical change, while Kibaki was positioned as leader of a reactionary, tribalist, old guard that had mismanaged Kenya in the past.

Kenyans were so shocked by the extent of this deceit and it led to the greatest outburst of anger—and, shortly after, violence. As the historian Hornsby noted, “Kenya cracked apart in the worst outbreak of ethnic violence in the country’s history”—ironically in the interests of the candidate who had destroyed the Bomas draft which sought to eliminate ethnic conflict in our country. There was vast destruction of property—and worst, enormous number of killings. Kibaki had succeeded not only in killing Bomas constitution; but in nearly destroying the state of Kenya. Kenyan “leaders” were completely unable to bring the country under control. As a scholar said, “Kenya had seen the increasing use of violence as a political tool and the emergence of mono-ethnic youth militia”.

The county got into a situation in which its leaders could do nothing to bring it to peaceful resolution. African states and the international community had to intervene. An African team led by the former Secretary-General of the UN, Kofi Annan, was convened to bring the county to some order. We had no choice but to be guided by them. Kofi Annan himself advised strongly for the revival of the Bomas Constitution—which the local “leaders” had to accept. For the interim, Annan and his team were able, with great support from Western states, to overcome the resistance of Kibaki to form a coalition government in which Odinga would be the Prime Minister, and Kibaki remaining as the President—and Uhuru Kenyatta as Deputy Prime Minister! The Cabinet was formed by the agreement of Kibaki and Odinga! Meanwhile, discussions proceeded on a permanent constitution, mindful of Kofi Annan’s advice to enact the Bomas draft.

Finalising Bomas

The Bomas draft formed the basis for the work of the Committee of Experts, which was formed to carry forward the constitution project. And the parliamentary system of government – because of its inclusive and ultimately more democratic nature – became again the central proposal, so far as the system of government was concerned. But at the final stage the politicians took over control—and unexpectedly and arbitrarily decided on a presidential rather than a parliamentary system of government. Calculations about who– meaning which individuals – would benefit from which system of government again figured prominently in the reasoning that led to these results. The parliamentary committee had the power to make recommendations, not make decisions. But the Committee of Experts felt, unwisely, that it had to accept what the politicians “recommended” on the questions that touched on political power.

But why rehash this old history? Because history, again, seems to be repeating itself. A system of government established in a constitution is in danger of being radically changed for the benefit of politicians.

2018-20 The Building Bridges Initiative (BBI)

The government (or rather Uhuru and Raila) having created a so-called “Task Force” feel they or we are about to solve our problems.

At first it looked as though their mandate from Uhuru-Raila was broader than who held political power. What seemed to be needed was the fulfilment of the Constitution (which Uhuru and Raila professed to revere). And the Building Bridges Initiative (BBI) Task Force’s report is long and discusses much that touches on other issues. About nine of their proposals need changes to the Constitution; nearly 30 would require changes to ordinary law. Many others are just “let’s do what the law already requires”. The real concerns of our political leaders seem to be revealed by the decision announced at one stage to appoint a group of constitutional experts to assist the Task Force to “fine-tune” the BBI report (though this idea seems to have faded away). The discussion about a “referendum” also lays bare the real concerns. Under our law and Constitution the only situation that requires, or even contemplates, a referendum is constitutional reform. And the constitutional reform that is being focussed on is – and you have noticed it – is on the system of government. In other words, on who gets to hold political power – that political power that it is the sovereign right of the people of Kenya to allocate.

…History, again, seems to be repeating itself. A system of government established in a constitution is in danger of being radically changed for the benefit of politicians.

A reasonably competent team, in the form of the Task Force, listed a large list of constitutional and other violations—but every Kenyan knows these violations and that are mostly perpetrated by the state (including politicians).

Instead of taking any action, the government has extended the life of the Task Force (in the New Year), to educate Kenyans on the problems facing Kenya and how they could be solved.

The outcome of all this is continued feuding among political groups of little significant interest to most Kenyans. The major issue concerns leaders of major tribes as to political, legal arrangements after the end of the present terms of office. And the current solution for our problems is to ensure a prominent, prestigious, post for the major 5 or 6 tribes or more accurately for their leaders (against the terms of the Constitution). What has been canvassed with vigour is the retention of the President, as at present, outside Parliament, one Prime Minister with two deputy prime ministers with, perhaps responsibilities of their own. Raila, having been vocal in support of a full parliamentary system with the Prime Minister as head of government, more recently seems to have shifted to favour the BBI’s Tanzanian model of a weak Prime Minister as a side-kick to the President.

2020 The real problems facing Kenya

In brief, we all know that there are repeated and gross violations of the Constitution. The strength of the current Constitution is clear from Art. 10, especially 10(b) which prescribes national values and principle of governance. Some key provisions are national unity, democracy (including participation of the people, human dignity, equity, social justice, human rights – which include abolition of poverty and protection of the marginalised).

There is massive violation by political parties and the IEBC of electoral laws as well as of provisions on the nature of political parties under the Constitution. Article 91 sets out the rules governing political parties (such as having a national character, promote and uphold national unity; abide by democratic principles). A party cannot be founded on a religious, linguistic, racial, ethnic, gender or regional basis; engage in bribery or other forms of corruption, or use public resources to promote its interests or its candidates in elections.

The outcome of all this is continued feuding among political groups of little significant interest to most Kenyans. The major issue concerns leaders of major tribes as to political, legal arrangements after the end of the present terms of office.

There are massive violations of the Constitution by state agencies, from the office of the President to the lowest public officer. This is now widely acknowledged by President Uhuru and many other state officials.

But, yet again, our politicians have reduced our problems to “their” problems – those who call themselves politicians. The concerns are with who gets into power, not with how that power is used for the people of Kenya, in accordance with the Constitution in which Kenyans have placed so much faith, and into which they put so much effort. Our politics go no further than conflicts between politicians.

Handshake and BBI: Demise of the 2010 Constitution?

My view of Handshake and BBI is very different from what the President and Honourable Odinga claim it is—as creating peace and harmony among us all, moving away from ethnicity; catering to the needs of Kenyans. Perhaps I have become too cynical about politicians to believe that they are ever driven by the desire to help Kenyans—rather than only themselves. But I did work with them for four years, and met party leaders at least once a fortnight to report on and discuss the progress or otherwise of the constitution-making process. I could give you some examples of their selfishness (like claiming expenses for Bomas meetings when they did not attend the sessions—I did recover that in due course, under threat of going public!) and changing their strong position on a constitution proposal without any qualm or embarrassment if they see some advantage in doing so. The crude and embarrassing way they are changing their partners now over the BBI is an example.

…our politicians have reduced our problems to “their” problems – those who call themselves politicians. The concerns are with who gets into power, not with how that power is used for the people of Kenya, in accordance with the Constitution…

Knowing Raila as I have done, I was not surprised at the initiation of BBI. At that time BBI seemed to be a project to ensure the full implementation of the 2010 Constitution. He had identified 9 objectives and values of the Constitution, directly at the welfare of the people, that the Government had not implemented. That was it. This did not surprise me because I knew of his commitment to the welfare of the people. Over the years he has fought for their rights—and had suffered a long period in jail during the regime of Moi, because he fought for a fair administration, which respected the rights of Kenyans. He had been active in politics all his life for this cause. So my expectation was that, together with Uhuru, with his access to state resources and power, the Government would immediately deal with those gaps, particularly the provisions on human rights, and scrupulously and diligently address those issues (an impression I got from the only meeting that I had with their technical team) that the nine areas of the violation of the Constitution would be covered—and we would all be happy thereafter. But this did not happen—clear and simple as this might be, and as the Government is bound by the Constitution to implement them. Instead he and Uhuru set forth on a complex, expensive, and (as it turned out) tortuous path to achieve a long and complex strategy—but strategy for what?

The fault for the misery of millions of Kenyans is surely with Uhuru and his government. It is extraordinary that the powerful President (in office over six years) with control over a huge bureaucracy and resources should say that they need to consult people on their needs. Surely we know, and the President knows, the hardships that the people suffer constantly–in defiance of the  Constitution. What they would like the state do for them was conveyed to CKRC and is reflected in the Constitution, as the President knows well.

I am totally puzzled by his and Raila’s strategy—if this is the objective. I could understand the appointment of a technical team—and several members are indeed well qualified for the job. I assumed that they were to liaise with the relevant ministries, responsible to make good the Nine Deficiencies in the implementation of the Constitution. However, it became clear soon that this was not the intention—the team were advisers to Uhuru and Raila (I should have known from their composition!). Meanwhile I saw little remedial policies from the relevant ministries. Instead shortly later, Uhuru and Raila embarked on a tour of the country, explaining to the people (and to other politicians) the purpose and nature of BBI (by which title the whole project became known). Their entourage was itself of no mean size. It was not clear to me what really was being conveyed to the audiences.

The fault for the misery of millions of Kenyans is surely with Uhuru and his government. It is extraordinary that the powerful President with control over a huge bureaucracy and resources should say that they need to consult people on their needs.

Instead, what worried me most was the enormous expense that this exercise was incurring. It was not clear under what authority the huge sums of money were being expended. In any case funds were running out—until our benefactor, that sharp minded President of the USA, Trump, apparently voted us huge sums of money (gift or loan?). In the end, rumour has it, this became the major source of funds for this exercise—to keep up these tours, with huge audiences but less and less of any meaning.

Meanwhile their advisory team went around the country—with a clear mission. As I understand, they sought the views of ordinary Kenyans as to the hardships they face in everyday life and how their lives could be improved—for which purpose they could have examined people’s submissions to the CKRC as how their lives could be improved as well as the Constitution (particularly the Bill of Rights).

Before long, the focus of the grand BBI project shifted away from the needs of the people to the concerns of politicians—led by Uhuru and Raila and their entourage. At this stage the sharp conflict between two wings of politicians—Uhuru versus Ruto, became fully clear. It seems that Ruto has not given much attention to constitutional reform/change, more to political conflicts. So his clashes with Uhuru lacked reference to what had become constitutional matters of debate. The debate between the two is truly abysmal. Perhaps even Uhuru has lost track of the many amendments to the Constitution proposed by other politicians. The BBI has moved to a new level—of critical amendments to the Constitution—a long way from the politicians’ original apparent concern with fulfilling the Constitution to plans for fundamental changes in its structures. Whether the broad objectives of BBI have been replaced by other considerations or merely a complex system to achieve the same objectives, remains to be seen. We turn to that now.

Proposing Change to the Constitution

If BBI started with strengthening the Constitution, it ended by trying to weaken it. As mentioned earlier, the objective of their amendments was to move away from ethnic pre-occupation/domination of politics and state structures (consistently with the Constitution). Whether their intentions changed is unclear—but you will see.

It seeks to change the Executive and Parliamentary system. The office of the Presidency and the Deputy would remain. There would be posts of Prime Minister and two Deputy Prime Ministers, chosen by the largest party in Parliament. If that party is that of the President, as is likely, it will greatly increase the authority of the President, compared to the current situation (in which the President is already regarded too powerful). A point to note is that the number of key posts for politicians will more likely be 5: from the 5 largest tribes? It is also interesting that the key actors in the BBI are from these 5 tribes!

Before long, the focus of the grand BBI project shifted away from the needs of the people to the concerns of politicians—led by Uhuru and Raila and their entourage. At this stage the sharp conflict between two wings of politicians—Uhuru versus Ruto, came fully clear.

How the system will work is hard to foresee. Certainly not like the parliamentary prime minister—originally so dear to Odinga. In the event that the President and the Prime Minister come from different parties, because the dominant party in Parliament is not that of the President, there could be serious conflicts between two major political parties in the legislature—and more broadly.

There seems to be an assumption that, in order to prevent the rigging of elections, every leader of a major ethnic group should have an important office. This is a strange way to move away from ethnicity to nationhood – and hardly consistent with the sub-title of the BBI Report: “From a nation of blood ties to a nation of ideals”.

Another unsatisfactory proposal is that members of the IEBC should be appointed by political parties. This means giving up on the idea of an independent electoral commission, it assumes a fixed pattern of parties, but Kenyan parties change frequently. It is would almost certainly be unworkable, unstable, and prone to irregularities.

How democratically arrived at these proposals are is evident that the Speaker of Parliament prevented any debate on these proposals—no doubt not to give MPs of Ruto’s school an opportunity to voice their views.

There are various other proposals. One is to reduce the health responsibilities of counties, by establishing a National Health Service Commission to employ medical staff. True there have been counties in which health care has been deplorable. Others have provided a model for the national governments universal health care plans.

Appointing Ministers (a return to the old terminology rather than Cabinet Secretaries taken from the US system when we took their model of government) from Parliament responds to the ambitions of MPs who hate being confined to the role of legislator.

A very revealing proposal is that the person who comes second in the presidential poll should get an automatic seat in Parliament and be Leader of the Opposition. This responds to politicians’ frustration at failing to become president and then not even being an MP. There are various practical problems. First, the balance of parties in the National Assembly would be affected by the introduction of a member of a party who was not elected (a minor point unless numbers of MPs was very close for the two top parties/groups). But suppose the runner up in the presidential election is actually from the largest party in the National Assembly? It’s not impossible. What happens? The presidential runner up is both PM and leader of the opposition? Surely not. People from the same party are PM and Leader of the Opposition? Ludicrous.

A very revealing proposal is that the person who comes second in the presidential poll should get an automatic seat in Parliament and be Leader of the Opposition. This responds to politicians’ frustration at failing to become president and then not even being an MP.

Part of the problem is that the BBI recommended two solutions from similar problems – the sense of exclusion of the narrowly defeated.

I do not think that all the proposals have no merit. I think that a distinct status for Nairobi City as the capital of the country is not a bad proposal. It was actually recommended in the CKRC and Bomas drafts – but without details, these being left to an Act of Parliament.

But this and all the other ideas need very careful consideration, not the half-baked discussion in this report.

Need for a process

Whenever a constitution is to be considered for amendment there is need for a very thorough process. We would need much more detailed public participation, published proposals, giving Kenyans ample time to examine and discuss them. We would need national discussions, observing the best practices of public participation. In other words, something much more like the CKRC process, not this amateurish effort of a process and mishmash of proposals.

The whole process so far shows the tendency of politicians to mess around with the Constitution to their own benefit.

Raila Odinga has suffered for democracy in this country. He achieved a wider degree of public support, less pegged to ethnicity, than any other Kenyan politician in a democratic context. He has genuinely believed in ideologies and policies.

But is this where he would want to end his distinguished career in a shoddy and clumsy process, designed for the benefit of himself and a few others and for the exclusion of others?

I want to acknowledge gratefully Jill Cottrell Ghai’s assistance in this article.

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Prof. Yash Pal Ghai is Kenya’s preeminent constitutional lawyer and former chair of the Constitutional of Kenya Reform Commission (CKRC).

Politics

What Ails the Cashew Nut Sector in Kenya?

The lack of a focused policy since the 1990s has pushed the cashew nut sector into perennial decline. The sector’s disintegration started when the state-owned Kenya Cashewnut factory ollapsed in 1997 – a time when the political environment was not inclined to rescue a sector that had been a lifeline for thousands of Kenya’s coastal residents.

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What Ails the Cashew Nut Sector in Kenya?
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Lake Kenyatta Cooperative Society (LKCS) in Mpeketoni in Lamu – perhaps the only remaining cooperative society in Kenya’s coast region formed by cashew nut farmers in the 1970s – once collected 9,000 metrics tonnes of cashew nuts from its members during the sector’s heydays in the 1980s. Currently, despite boasting a membership that has stretched to over 6,000, the cooperative does not expect to collect anything beyond 300 tonnes this year. This is the volume it managed to collect in the last calendar year.

From a peak harvest of over a total of 36,000 tonnes in the late 1970s, when the cashew nut sector was at its highest peak, the sector is today struggling to even produce 11,000 tonnes.

Cashew nut farming and processing was once a thriving undertaking in Kenya. After nationalising the economy shortly after independence, the government of Jomo Kenyatta took full control of the cashew nut sector, which was dominated by Mitchell Cotts, a shipping giant. In 1975, the government formed Kenya Cashewnut Limited (KCL) and established a large-scale processing factory in Kilifi, with a capacity to process 15,000 metric tonnes of cashew nuts per year.

The National Cereals and Produce Board (NCPB), one of the shareholders of the newly created KCL, was granted legal monopoly to buy all the cashew nuts from farmers. Other shareholders of KCL were the Industrial and Commercial Development Corporation (ICDC), the Industrial and Development Bank (IDB) and the Kilifi District Cooperative Union (KDCU).

Farmers were organised into many cooperatives across the coast – big ones such as LKCS and KDCU and also small ones. To be able to pay farmers in time for cashew nuts collected, KCL pre-financed NCPB. The factory would determine its raw material requirements and the excess would be exported in shell to India. Essentially, the factory guaranteed a stable farm gate price and provided a predictable and reliable market.

In post-independence Kenya, market stability saw the sector expand production from about 5,000 tonnes in 1965 to over 36,000 tonnes in the late 1970s and early 1980s. In 1982, KCL made a net profit of Sh26 million (US$325,000), up from Sh3 million (US$37,500) in 1975 – nearly a ten-fold increase in just seven years.

At its peak, the KCL cashew nut factory employed over 4,000 people. During this period, coastal residents were able to send their children to good schools, raise their incomes, and develop local micro-economies.

Dwindling fortunes

Those heydays didn’t last for long though. In the 1980s, President Daniel arap Moi and his cronies started engaging in rent-seeking from parastatals in order to sustain a regime that was under threat.

By 1989, KCL got caught up in governance and financial challenges, and in February 1990, it rendered a large chunk of its employees jobless. At the same time, powdery mildew disease (PMD), which had not been witnessed before, hit crop yields and production. The resultant dwindling economic fortunes of KCL meant that it could not provide extension services to the cashew nut farmers, which spelt doom for the sector.

In post-independence Kenya, market stability saw the sector expand production from about 5,000 tonnes in 1965 to over 36,000 tonnes in the late 1970s and early 1980s. In 1982, KCL made a profit of Sh26 million (US$325,000), up from Sh3 million (US$37,500) in 1975 – nearly a ten-fold increase in just seven years.

When the disastrous 1990s’ World Bank-led Structural Adjustment Programmes (SAPs) hit the country, they found an already struggling cashew nut sector. By November 1992, the Parastatal Reform Programme Committee (PRPC) recommended the sale of 65 per cent of the shares the government held in KCL through NCPB, ICDC and IDB.

The PRPC recommended that Kilifi District Cooperative Union (KDCU), the owner of the remaining 35 per cent of the shares, be granted pre-emptive rights to buy the 65 per cent government shares. A parliamentary committee would later discover that partly due to the high cost involved in buying these shares, the three main directors of the KDCU had decided to strike a deal with some of President Moi’s closest business friends.

A Ministry of Agriculture report in 2009 noted that with a value of Sh141.2 per share, the 65 per cent share of the government was valued at Sh78 million (US$1.34 million). Debts acquired by the KCL in previous years that were owed to NCPB, ICDC, the Treasury, and the Italian government amounted to over Sh118 million (US$2.03 million). The company also owed Sh33 million (US$0.56 million) in redundancy payments to former employees. In total, the KDCU would have had to invest roughly US$4 million to finance the acquisition of the company – money it did not have. This is how private money was used to buy government shares in KCL.

In 2000, the Public Investments Committee (PIC) recommended that the factory be handed back to the farmers. The same year, a subsequent cashew nut report tabled in Parliament by PIC noted that the factory’s shares were illegally acquired by Moi’s cronies, including the president’s personal secretary, Joshua Kulei, who was accused of having defrauded the farmers.

A Ministry of Agriculture report in 2009 noted that the actual majority shareholders had the KDCU appoint themselves as the management agents of the factory, which was renamed Kilifi Cashew Nut Factory Limited (KCFL), and which was under the management of P.K. Shah, who took complete de facto control of the day-to-day business of the factory.

In 1996, the KDCU received a loan of Sh2 million (US$ 35,000) from its main owner, Kenya Plantations and Products Limited, to purchase raw cashew nuts (RCN) – which it secured with its 23 per cent shares, valued at a much higher Sh28.07 million in 1992 – as collateral for the loan. When it failed to pay back the loan, these shares were transferred to private investors.

Eventually, in 1997, KCL collapsed under its financial and operational burden. Unable to service an outstanding loan of about Sh95 million, Barclays Bank placed the factory under KPMG- managed receivership in 2000, and on 8 May 2002 sold all its assets, including the plant and machinery, to Millennium Management Limited (MML) for Sh58 million (US$ 0.97)

In just a few years, the marketing monopoly that the NCPB enjoyed and the logistical machinery it had put in place to procure cashews came a cropper. The board completely withdrew from marketing cashew nuts. This decision led to the disappearance of key functions, such as financing cooperatives and reliably supplying KCL with affordable raw cashew nuts.

The lack of a focused policy in the last three decades has pushed the cashew nut sector into a perennial multi-year production and profit decline. The sector’s decline and disintegration started when the state-owned KCL collapsed in 1997 – a time when the political environment was not inclined to rescue a sector that had been a lifeline for thousands of Kenya’s coastal residents.

New players  

With the stake of the factory diminished, and the end of its monopoly in cashew nut matters, exporters of raw cashew nuts emerged. These exporters were able to offer significantly higher and faster payments due to the high rebates they enjoyed for exporting raw materials that would in turn create jobs in the importing countries.

By buying through middlemen – who became the sector’s main players – the new market structure undermined the role of cooperative societies that had enjoyed state-sanctioned market support. They could not survive and all but collapsed.

The first main processor, Wondernut Ltd, came into the country in 2003. Kenya Nut Company (KNC), owned by Pius Ngugi, and Equatorial Nuts, owned by Peter Munga, which predominately deal in macadamia nuts from the Mount Kenya region where their factories are based, made forays into processing cashew nuts as well.

In just a few years, the marketing monopoly that the NCPB enjoyed and the logistical machinery it had put in place to procure cashews came a cropper. The board completely withdrew from marketing cashew nuts. This decision led to the disappearance of key functions, such as financing cooperatives and reliably supplying KCL with affordable raw cashew nuts.

With the Kilifi Cashew Nut Factory (partially revived by MML) and the later entry of another Central Province macadamia processor, Jungle Nuts, the number of active cashew processors in Kenya had expanded to five.

Even so, these five processors had to compete with the well-established exporters of raw, unprocessed nuts who had gained favour with farmers due to their market flexibility and higher prices. In the 2007/8 season, for instance, exporters of raw cashew nuts went on a buying spree that saw the share of processed export nuts drop by over 20 per cent that season. This posed a huge threat to local processors.

Despite a total ban on the export of raw cashew nuts in 2009 (which nut processors had called for) the industry has gone horribly wrong in the last decade. In their call to the government to ban exports, the nut processors argued that the ban would allow them an opportunity to gather enough harvest to enable them to utilise their excess installed processing capacity.

A baseline survey that had been done on the crop in 2009 by the Institute of Development and Business Management Services (IDS) on behalf of the Micro Enterprises Support Programme Trust (MESPT), a value chain government initiative, had revealed a sector reeling in distress.

This is the situation that the sector found itself in 2009 when the Nut Processors Association of Kenya (NutPAK) – the result of processors pulling together resources – was formed to lobby for the industry’s protection, with a keen focus on the export ban.

Despite a total ban on the export of raw cashew nuts in 2009 (which nut processors had called for) the industry has gone horribly wrong in the last decade. In their call to the government to ban exports, the nut processors argued that the ban would allow them an opportunity to gather enough harvest to enable them to utilise their excess installed processing capacity.

William Ruto, the current Deputy President who was then the Minister of Agriculture, met stakeholders in the cashew nut industry at Pwani University in Kilifi in March 2009. He ordered a Cashew Nut Revival Task Force (CNRTF) on 9 April 2009 to submit a report by the end of April and to come up with recommendations on measures to be taken to revive the cashew industry. John Safari Mumba, the former Managing Director of KCL and former MP for Bahari Constituency, and then the Chairman of the Kenya Cashew Growers Association, led the four-member task force.

When the task force finally submitted its report based on views it received from various players, it recommended banning the export of raw nuts.

That same year, Ruto heeded their call and pronounced an export ban on RCN after the four-member task force hastily collected views from the industry’s key players. On 16 June 2009, barely one month after the task force’s report had been submitted, Ruto published “The Agriculture (Prohibition of Exportation of Raw Nuts) Order, 2009” banning the export of raw cashew and macadamia nuts.

The government also announced that all nuts would be sold through the NCPB, which was then struggling to buy maize from farmers. It would later sell the produce to processors.

The population of cashew nut trees then stood at about 2 million, with 20 per cent of them beyond the production age and more trees projected to graduate to the unproductive age bracket in just a couple of years. Inadequate crop husbandry, the IDS study further revealed, saw farmers exploit less than a half of the total crop’s potential.

A disorganised nut market that followed the exit of KCL and the coming up of new entrants (largely exporters of RCN who relied mainly on brokers), affected the growth of the crop’s production and productivity since these traders would only emerge during the harvest season and did nothing to promote the crop. The exporters of RCN shifted base to neighbouring Tanzania, one of the world’s leading producers of cashew nuts that exports most of its nut produce raw.

Cashew nut woes

Fast forward to the 2010s. A statistic by the Nut and Oil Directorate shows that the area under cashew nut production went down from 28,758 hectares in 2015 to 21,284 hectares in 2016. Production also declined from 18,907 tonnes to 11,404 tonnes in the same period, with the value of the crop recording Sh398 million compared to Sh506 million in 2015. This was attributed to crop neglect and logging of cashew nut trees for charcoal and to pave way for other crops.

In the absence of farmers’ groups, a poorly structured NCBP and lack of enough collection centres in the cashew catchment areas, NCPB was not able to buy the nuts, so middlemen continue to dominate the scene to date.

To address these shortcomings, the sector’s stakeholders, led by the Provincial Director of Agriculture, formed a multi-sectoral task force to lead in revitalising the sector. Its other members included NutPAK, Cashew Nuts Growers Association and Kenya Agricultural Research Institute (KARI), which was to lead in production expansion.

The task force set out a cashew nuts revival programme that included increased production, streamlining the marketing system to rid the sector of middlemen and setting up minimum farm gate prices, among other measures. However, due to financial challenges, especially for the growers association, the team’s initiatives were not realised.

In the absence of farmers’ groups, a poorly structured NCBP and lack of enough collection centres in the cashew catchment areas, NCPB was not able to buy the nuts, so middlemen continue to dominate the scene to date.

The matter was made worse in 2013 when the agriculture function was devolved and the task force initiatives lost the support of the Ministry of Agriculture, which dealt a devastating blow to its programmes. Unfortunately, the foundation it had sought to build since 2010 was not transitioned to county governments in cashew catchment areas after devolution.

The county governments have continued to under-fund the cashew nut sector and lack strong policy guidelines to promote the sector. Last year, Kwale County allocated only Sh1.5 million to promote procurement of cashew seedlings in a programme that was being funded by the European Union (EU) to increase production in Lamu, Kwale and Kilifi counties. The EU injected Sh240 million through Ten Senses Africa, which was meant to plant 333,333 trees in each of the three cashew-producing counties.

The main processors have scaled down operations in the cashew nut sector. Most of them are located in the Mount Kenya region, where they have mainly focused on macadamia nuts. The ban on the export of raw cashew nuts favoured the macadamia sector, which has recorded a five-fold increase to reach a production of 50,000 metric tonnes per year.

The industry has thus been left to new entrants but there are strong indications that it still has potential, if well supported. In 2019, for instance, the total estimated area under cashew growing was reported to be 22,686 hectares, which is a marginal improvement from the 22,655 hectares reported in 2018, due to efforts to plant new seedlings.

The sector’s revival

The COVID-19 pandemic has simply worsened the cashew export market. This decline has been exacerbated by rare new pests, and a disorganised free-for-all market that has dampened supplies for cashew cooperatives and nearly sealed the sector’s fate.

LKCS’s chairman, David Njuguna, doubts that the cooperative will be able to offer a farm gate pre-2019 price of Sh30 a kilo once the farmers dispose of the harvest they are still hoarding. According to his estimates, a highly compromised cashew nut quality this year means that farmers will only be able to recover 34 per cent from their entire harvest. This can be attributed to poor crop husbandry, thanks to the low price the crop has been fetching, thus denying farmers the capacity to profitably commercialise the sector.

Mumba led a task force in 2009 that formulated seven clear recommendations that were to be carried out before the ban was effected:

  1. To revive the cashew nut industry, the Ministry of Agriculture should first establish a cashew nut revitalisation desk with immediate effect to coordinate the task report’s recommendations;
  2. The ministry should with immediate effect establish a regulatory apex body for the development of the cashew nut industry to be named the Kenyan Cashew Nut Development Authority (KECADA);
  3. KECADA should initiate the process of formulating a cashew nut policy independent from other crops;
  4. Immediately following the formation of KECADA, regulation for a minimum farm gate price should be put in place;
  5. The government, in conjunction with KECADA, should establish funds to support farm input subsidies, as well as guarantees for public-private partnerships financing cashew farmers;
  6. Former farmers’ cooperatives should be revived; and
  7. Most importantly, only once these recommendations have been put in place (particularly the minimum price), should the government consider implementing an export ban on raw cashew nuts, which should be reviewed regularly regarding its effects.

By putting together the right structures and policies, both the national and county governments can bring this important cash crop back to its former glory.

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Why Cash Transfers Are an Efficient Method of Reducing Food Insecurity

With high levels of mobile phone and internet penetration, coupled with advanced digital technologies in the financial sector, Kenya has favourable conditions for cash transfers to the most vulnerable populations. However, corruption and lack of reliable data on beneficiaries can derail efforts to make all Kenyans food secure during and after the COVID-19 pandemic.

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Why Cash Transfers Are an Efficient Method of Reducing Food Insecurity
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As governments across the globe continue to grapple with the economic effects of COVID-19, many are faced with the additional burden of guaranteeing food security for millions of their citizens. Restrictions in movement and other social distancing measures adopted to contain the spread of the virus have put a significant strain on food supply chains, both at production and distribution links. As a result of this, millions have been pushed to the brink of hunger. The United Nations estimates that up to 265 million people will face acute food shortage by December 2020, a sharp increase from earlier predictions of 135 million people. A disproportionate share of these people live in low- and middle-income countries where shock-responsive social safety nets are inadequate or poorly managed.

In Kenya, long before the World Health Organisation (WHO) declared COVID-19 a global pandemic, an estimated 1.3 million Kenyans were already facing acute food shortage as a result of prolonged droughts, extended long rains well into the harvesting season and a locust infestation not witnessed in a decade.

On 13th March, after the country reported its first case of the virus, the government instituted containment measures in the interest of public health. This further disrupted food supply chains and consequently put a strain on the country’s food systems. Stay at home advice, a night curfew, closure of non-essential social spaces and social distancing requirements have reduced economic activity resulting in job and income losses. The resultant reduced household purchasing power further propelled more households into crisis food shortage.

Further, and with schools closed, millions of students who benefit from school feeding programmes are losing out on this benefit, with parents having to fully take on an all-day feeding responsibility. The World Food Programme (WFP) now projects that a total of 5 million Kenyans will require food and livelihood assistance as a result.

Three months into the pandemic, we can already see a deacceleration of philanthropic acts to provide food supplies to the most vulnerable populations compared to the early days of the pandemic, an indication that private charity, while important, is not adequately prepared to address the need and is not sustainable. Given the uncertainty of when a vaccine will get to the market and when we will see the resumption of normalcy, it is expected that millions will require food assistance and government and private philanthropy will need to better coordinate this assistance and ensure that households remain food secure during this pandemic.

Food packages vs cash transfers

According to the Kenya Food Security Steering Group, despite the adverse climatic shocks, Kenya’s food availability remains stable as a result of a favourable harvest due to above average short rains towards end of the year in most agricultural areas. COVID-19, however, presents a challenge of affordability for many households, who no doubt will require food assistance.

However, how can governments, development agencies and philanthropists provide this assistance in a manner that provides choice, flexibility, and dignity to those that need it and in line with their individual circumstances?

Three months into the pandemic, we can already see a deacceleration of philanthropic acts to provide food supplies to the most vulnerable populations compared to the early days of the pandemic, an indication that private charity, while important, is not adequately prepared to address the need and is not sustainable.

How do we put people at the centre of this assistance by not only providing food, but promoting financial inclusion of the poorest and most vulnerable during this pandemic? How do we ensure that the nutritional needs and requirements of the vulnerable are not generalised and reduced to a few food and other household items? How do we move away from paternalistic tendencies that have long viewed hunger as a question of charity rather than one of justice? Who decides what food items a given household requires in comparison to the rest?

These questions require reflection on the forms and manner in which food assistance can be provided. Should we provide households with food packages or should we provide cash transfers?

In determining a suitable approach, we will need to be cognisant of the unique challenges COVID-19 throws into this long-standing debate of food packages vs cash transfers in development circles. Firstly, and from an epidemiological standpoint, there is a need to reduce social contact as much as possible to ensure food distribution does not become a conduit for virus transmission. Secondly, it is worth noting that the pandemic is causing involuntary stay-at-home, therefore disengaging many from meaningful economic activities, and thereby creating COVID-induced dependency.

This group is particularly of concern given that there is no telling how long they will require assistance even when restrictions are eased. As such, cash transfers remain a lifeline for many as they allow people to navigate through the pandemic and rebuild their lives after the crisis. Thirdly, given the reduced household purchasing power and the resultant decreased demand in household and food items, cash transfers can be an effective tool in turning food need into an effective food demand to sustain supply chains, particularly among downstream smallholder farmers. This, however, needs concerted efforts to ensure distributional links, particularly to small open-air markets, as a majority of lower-income households in urban areas depend on these markets for their food supplies.

Interventions to ensure that households remain food secure will, therefore, need to provide households with flexibility and choice in determining food and other household items that meet their unique circumstances. Choice will need to be devolved to the household level and not left to the imaginations of benefactors – government or private.

Cash transfers have proven to do exactly this by increasing household expenditure, particularly food expenditure, thereby enabling households to meet their unique and diverse dietary requirements, improved health and nutritional outcomes and other outcomes, such as savings and investments. The 2015/16 Kenya Integrated Household Budget Survey (KIHBS), for instance, shows that food remains a high expenditure item at the household level, with 33.5 per cent of cash transfers received from within Kenya used on food items, only preceded by education, at 44.6 per cent.

However, food consumption is higher in rural households compared to education spending, at 38.9 per cent and 38.2 per cent, respectively. Further, the survey shows a higher proportion of food expenditure in female-headed households compared to male headed households, especially in the rural areas, at 41.8 per cent and 35.2 percent, respectively.

In addition to providing beneficiaries with choice, cash transfers have a positive spillover effect of stimulating local markets to the benefit of downstream local producers and retailers. However, in determining amounts for disbursement, it is worth ensuring these are informed by household food consumption rates to sufficiently cover food needs.

Granted, food packages bear the benefit of cushioning beneficiaries against commodity price spikes, especially where markets are disintegrated and retail prices are vulnerable to erratic price changes. But on the flip side, they often limit dietary diversity and may fail to respond to disparate nutritional needs across households, especially those with infants, young children, lactating mothers, pregnant women, and the elderly. Food packages normally contain food items with long shelf life (i.e. cereals, rice, maize, wheat flour, salt, cooking oil and other household items), often leaving out short shelf life items, such as milk and other dairy products, that have essential nutrients for household members with unique nutritional requirements.

The 2015/16 Kenya Integrated Household Budget Survey (KIHBS), for instance, shows that food remains a high expenditure item at the household level, with 33.5 per cent of cash transfers received from within Kenya used on food items, only preceded by education, at 44.6 per cent.

Administratively, food packages present logistical challenges in distribution, and depending on the approaches of distribution, may be inconsistent with measures to curb the further spread of the virus. For instance, social distancing measures require minimal social contact, yet distribution of food packages require social proximity, which makes these packages possible conduits for virus transmission.

Additionally, food packages are prone to mismanagement by those responsible for distribution. When factored in, the cost of corruption may significantly impact the overall cost of food distribution. For instance, a 2011 World Bank review of India’s Public Distribution System (PDS) showed that 58 per cent of food did not reach the intended beneficiaries.

In contrast, because cash transfers are distributed through mobile money, not only are the administrative costs of this form of assistance reduced, but cash transfers provide a transparent framework for distribution, thereby minimising misappropriation.

Cash transfers have their limitations too. Targeting of the most deserving beneficiaries may be a challenge where accurate identification and validation of beneficiaries is hampered by lack of reliable data.

Strong digital infrastructure

Kenya’s ICT sector has rapidly grown over the years, placing the country’s mobile phone and internet penetration at 91 per cent and 84 per cent, respectively, which is above Africa’s average of 80 per cent and 36 per cent, respectively. Although variations exist in mobile ownership between rural and urban populations, at 40 per cent and 60 percent respectively, Kenya still fairs relatively well in reaching rural populations. On the gender front, more females (10,425,040) than males (10,268,651) own a mobile phone, according to the 2019 Kenya Population and Household Census.

Kenya’s digital payment infrastructure is equally advanced, making it a global leader in mobile money usage. Data from the Central Bank of Kenya shows that as by December 2019, there were 58 million active mobile money accounts and 242,275 mobile money agents across the country. In 2019, Kenyans transacted a total of Sh4.35 trillion (almost half the country’s GDP) through their mobile phones. According to the KIHBS 2015/16, mobile money transfer was used more by households in rural areas compared to those in urban areas, at 46.2 per cent and 38.9 per cent, respectively, an indication of the effectiveness of mobile money- enabled cash transfers in reaching the most vulnerable.

To further deepen reach and ensure vulnerable populations, such as the elderly, women and remote populations, are reached, there is a need for the government and mobile phone operators to temporarily relax the know-your-customer requirements, and ensure all targeted individuals/household are facilitated to access cash transfers through mobile money.

These advancements provide a strong digital infrastructure that when effectively deployed can support a massive cash transfer programme to ensure households are adequately cushioned during this pandemic. Given the time lag in collecting socio-economic data at the national level, a lag that may not quickly correspond to the changing socio-economic characteristics of the population, data from mobile and internet usage offer a quick and verifiable option of targeting the most vulnerable and therefore making them food insecure.

In 2019, Kenyans transacted a total of Sh4.35 trillion (almost half the country’s GDP) through their mobile phones. According to the KIHBS 2015/16, mobile money transfer was used more by households in rural areas compared to those in urban areas, at 46.2 per cent and 38.9 per cent, respectively…

Combined, mobile phone use and historical mobile money transactions provide massive data, which when carefully analysed, prove a useful resource for assessing the socio-economic standing of individuals, and therefore accurately determining individuals who most qualify for assistance.

Additionally, technology offers a robust and trusted framework that when optimally utilised limits leakages that are often associated with traditional methods of cash disbursement. For one, they make visible households that qualify for cash transfers and when disbursements are due. The predictability they offer also enables households to know when to expect cash and therefore plan better for both food and other household expenditure.

Constraints

Effective mobile-enabled cash transfer programmes rely on rich verifiable data that accurately capture the changing socio-economic positions of citizens. Employment and income status of citizens need to be regularly updated to ensure they accurately capture the most deserving. While the government has over the years invested in collecting socio-economic data through the national census, most recently during the 2019 Kenya Population and Household Census, as well as digital registration of citizens during the Huduma Namba registration, there is a need to build on to these databases, and regularly update the same for purposes of establishing robust social welfare systems.

COVID-19 and its impact on household well-being is perhaps bringing to the fore the value of big data in building such systems and cushioning livelihoods through evidence-based social protection policies, particularly as far as these policies are meant to guarantee household food security. The ability of applying these lessons will determine how prepared governments are in fighting the next pandemic and food security challenges, especially as climate change continues to threaten food security systems.

In the immediate term, and as the government props up its cash transfer programme, there is a need for community-based participatory approaches in assessing the most vulnerable and needy households to ensure efficient utilisation of funds. Relying on community social capital is an effective way of determining households that were vulnerable prior to COVID-19 and those that have become dependent as a result of the pandemic.

Corruption

A pandemic itself, corruption is a systemic problem in Kenya, with proven ability to cripple noble initiatives aimed at benefiting the poor. Worse, this problem has significantly reduced trust levels between the government and citizens and has limited citizens’ participation in governance matters. There is, therefore, a need to build safeguard measures in cash transfer programmes to minimise avenues for leakages. This should include digitised and transparent targeting criteria, citizen-led participatory monitoring and oversight, as well as effective complaint mechanisms.

Corruption thrives in information asymmetry. Therefore, automated platforms that make information accessible to the public on who qualifies for transfers, how much they are eligible for, and the frequency of distribution (with all data privacy protocols observed) provide a better bet in bridging this gap.

Information and communication technologies (mobile-enabled transfers coupled with digitised social safety net frameworks) have the potential effect of limiting the discretionary powers of public officers in determining who benefits. This reduces human intervention in the process, thereby limiting opportunities for cash diversion for personal gain. The technologies, when properly managed, can also minimise political manipulation, capitalisation and clientelism to the advantage of the political class. This, however, is dependent on a strong commitment by the government in ensuring cash for disbursement is made available in the first instance. More importantly, citizens will need to push for structured collective social accountability mechanisms, such as social audits and citizens reports, and will need to actively participate in holding public officials accountable.

Corruption thrives in information asymmetry. Therefore, automated platforms that make information accessible to the public on who qualifies for transfers, how much they are eligible for, and the frequency of distribution provide a better bet in bridging this gap.

Given the uncertainty of COVID-19’s staying power, and its disruption to food supply chains, there is no doubt that food security will remain a key concern that requires better coordinated approaches in feeding those who are most vulnerable. The approaches and manner in which this is done will need to take into consideration the unique challenges the pandemic presents.

With advanced digital technologies, particularly in the financial sector, Kenya is well ahead of many countries in the developing world and well prepared to deepen cashless assistance as it works to contain the spread of the disease. Perhaps this is the litmus test for the government’s ability to rise up to the challenge of walking the talk on ensuring its food security and nutrition commitment under the Big Four Agenda.

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Curfews, Lockdowns and Disintegrating National Food Supply Chains

The disruption of national food supply chains due to COVID-19 lockdowns and curfews has negatively impacted market traders, but it has also spawned localised – and more resilient – supply chains that are filling the gap in the food system.

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Curfews, Lockdowns and Disintegrating National Food Supply Chains
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Our stomachs will make themselves heard and may well take the road to the right, the road of reaction, and of peaceful coexistence…you are going to build in order to prove that you’re capable of transforming your existence and transforming the concrete conditions in which you live.” – Thomas Sankara, assassinated leader of Burkina Faso

 On July 6, 2020, Kenya’s President Uhuru Kenyatta announced phased reopening of the country as the government moved to relax COVID-19 restrictions. That day found me seated in a fishmonger’s stall in Gikomba market, located about five kilometres east of Nairobi’s Central Business District (CBD) and popularly known for the sale of second-hand (mitumba) clothes. The customer seated next to me must have received a text message on her mobile phone because she began howling at the fishmonger to tune in to the radio, which was playing Benga music at the time. It was a few minutes after 2 p.m.

“I order and direct that the cessation of movement into and out of the Nairobi Metropolitan Area, Mombasa County and Mandera County, that is currently in force, shall lapse at 4:00 a.m. on Tuesday, 7th July, 2020,” pronounced the president on Radio Jambo.

The response to this news was cathartic. The female customer, on hearing the words “cessation of movement shall lapse” ululated, and burst out in praise of her God – “Nyasaye” – so loudly it startled the fishmonger. The excited customer jumped on her feet and started dancing around the fish stalls, muttering words in Dholuo. Nyasacha, koro anyalo weyo thugrwok ma na Nairobi, adog dala pacho. Pok a neno chwora, chakre oketwa e lockdown. Nyasacha, iwinjo ywak na. Nyasacha ber.” Oh God, I can now leave the hardship of Nairobi and go back to my homeland. I have not seen my husband since the lockdown measures were enforced. Oh God, you have heard my prayers. Oh God, you are good to me.

“She, like most of us are very happy that the cessation measures have been lifted. Life was becoming very hard and unbearable,” said Rose Akinyi, the fifty-seven year old fishmonger, also known as “Cucu Manyanga” to her customers because of her savvy in relating to urban youth culture. “Since the lockdown, business has been bad. Most of my customers have stopped buying fish because they have either lost their sources of income while others have been too afraid of catching the coronavirus that they have not come to make their usual purchases,” explained Akinyi.

Gikomba market is also Nairobi’s wholesale fish market.  Hotels, restaurants, and businesses flock there to purchase fresh and smoked fish from Lake Victoria and Lake Turkana. But with the government regulations to close down eateries, fish stocks have been rotting, lamented Akinyi. She has had to reduce the supply of her fish stocks in response to the low demand in the market.

“With the re-opening of the city, I plan to travel to my home county of Kisumu and go farm. At least this way I can supplement my income because I don’t see things going back to normal anytime soon,” she explained.

Two days later, I found my way to Wakulima market, popular known as Marikiti. The stench of spoilt produce greets you as you approach the vicinity of the market, Nairobi’s most important fresh produce market. News of the president’s announcement had reached the market and the rush of activity and trade had returned.

Gikomba market is also Nairobi’s wholesale fish market.  Hotels, restaurants, and businesses flock there to purchase fresh and smoked fish from Lake Victoria and Lake Turkana. But with the government regulations to close down eateries, fish stocks have been rotting, lamented Akinyi.

“Since the lockdown, business has been dire to say the least,” complained one Robert Kharinge aka Mkuna, a greengrocer and pastor in a church based in Madiwa, Eastleigh. Robert, who sells bananas that he gets from Meru County, noted that “business has never been this bad in all my twenty years as a greengrocer. Now, I’ve been forced to supplement my income as a porter to make ends meet. Before COVID-19, I would sell at least 150 hands of bananas in a day. Today, I can barely sell five hands,” he explains.

Robert, who is also a clergyman, leans on his faith and is hopeful that things will get back to normal since the cessation of movement has been lifted. He also hopes that the county government of Nairobi will finally expand the Marikiti market to cater for the growing pressure of a city whose population is creeping towards five million.

A short distance from Robert’s stall and outside the market walls stands Morgan Muthoni, a young exuberant woman in her early twenties selling oranges on the pavement. Unable to find space in the market, she and a number of traders have opted to position themselves along Haile Selassie Avenue, where they sell produce out of handcarts.

“When President Uhuru announced the cessation of movement in April, our businesses were gravely affected,” Muthoni says as attends to customers. “I get my oranges from Tanzania and with the lockdown regulations, therefore, produce hasn’t been delivered in good time despite what the government has been saying. Before COVID-19, I would get oranges every two days but now I have to wait between four and five days for fresh produce. My customers aren’t happy because they like fresh oranges and I’m now forced to sell them produce with longer shelf life.”

COVID-19 vs the Demand and Supply of Food
With the prior government lockdowns in Nairobi and Mombasa’s Old Town, which have large populations and are key markets for various food products, the government had to ensure that people in those areas were not cut off from essential goods and services. It was also the mandate of the government to shield farmers and manufacturers of the goods from incurring heavy losses because of the restrictions. Despite good attempts by the authorities to introduce measures that allowed the flow of goods to populated areas affected by the lockdown, there were several reports of police harassment.

“Truck drivers are complaining that they are been harassed by the police for bribes at the police stops, which is gravely affecting our businesses. The police, with their usual thuggery, are using this season of corona to mistreat and extort truck drivers to pay bribes in order to give them way at police checks even if they have adhered to the stipulated regulations,” complained Muthoni.

The movement of goods is further complicated by the disjointed health protocols. “We also hear that because Magufuli’s Tanzania has a different policy towards COVID-19, trucks drivers are taking longer at the border because they need to be tested for coronavirus before they are allowed to pass. But we don’t know how true these reports are. For now, we believe that things will get better since the cessation has been lifted. If God is for us, who can be against us?” Muthoni concludes.

Divine intervention is a recurring plea in these distressed economic times, but unlike Muthoni and Robert, who remain hopeful, this is not the case for Esther Waithera, a farmer and miller based in Mwandus, Kiambu, about 15 kilometres from Nairobi. Kiambu, with its fertile rich soils, adequate rainfall, cool climate, and plenty of food produce, is a busy and bustling administrative centre in the heart of Kikuyuland.

After the president’s announcement of the quasi-lockdown and curfew, Waithera has been spending her afternoons selling fresh produce from her car that is parked opposite Kiambu mall on the weekends and in Thindigwa, a splashy middle-class residential area off the busy Kiambu Road, on weekdays.

“Before COVID-19, I used to supply fresh farm produce to hotels and restaurants across the city. But now I have been forced to sell my produce from my car boot because if I don’t, my produce will rot in the farm. My husband runs the family mill and even that has been doing badly since the coronavirus came to plague us. We have had to decrease our milling capacity and the cost of maize flour to adjust to new market prices as demand reduces.”

After the president’s announcement of the quasi-lockdown and curfew, Waithera has been spending her afternoons selling fresh produce from her car that is parked opposite Kiambu mall on the weekends and in Thindigwa, a splashy middle-class residential area off the busy Kiambu Road, on weekdays.

Maize is Kenya’s staple food and Kenyans rely on maize and maize products for subsistence but, “Kenyans are going hungry and many households are skipping meals to cope with these harsh times,” explains Waithera.

Waithera, who is a mother of three children, doesn’t seem hopeful about the future. “This government that we voted for thrice has let us down. They have squandered the lockdown and have caused economic harm without containing COVID-19. Now we are staring at an economic meltdown, a food crisis and a bleak future for our children.”

A devout Christian of the evangelical persuasion, Waithera deeply believes that “God is punishing the country and its leaders for its transgressions because they have turned away from God and taken to idol worship and the love for mammon”. And like the biblical plagues, “the recent flooding, the infestation of desert locusts and the corona pandemic are all signs from God that he has unleashed his wrath on his people unless we repent our wrongdoings and turn back to God”, laments a bitter Waithera.

For Joyce Nduku, a small-scale farmer and teacher based in Ruiru, this new reality has provided her with opportunities for growth. She acknowledged that her sales have increased during the COVID-19 pandemic, saying, “I now have more customers because there are not enough vegetables available in the market from upcountry”.

Localised and more resilient food systems

At a time when regular food supply chains have not been assured, some food markets have closed, mama mbogas (women vegetable vendors) are out of business, and the cessation of movement is deterring travel, Nduku attributes her increased food production to meet the growing demand to a business model that lays emphasis on a localised food system and short food supply chains.

Approaching food production through a localised food system, she says, “gives me local access to farm inputs”.

She adds, “I get my manure from livestock keepers within my locale and my seeds from local agrovets. I have direct access to my consumers, removing middlemen who expose my produce to unsafe and unhygienic handling and high logistical and transport costs. Hence I’m able to increase the access to safe and affordable food.”

Agriculture, forestry and fishing’s contribution to GDP in 2019 was 34.1 per cent, according to the Kenya National Bureau of Statistics’ Economic Survey 2020. Another 27 percent of GDP is contributed indirectly through linkages with other sectors of Kenya’s economy. The sector, the survey revealed, employs more than 56 percent of the total labour force employed in agriculture in 2019. It also provides a livelihood (employment, income and food security needs) to more than 80 percent of the Kenyan population and contributes to improving nutrition through the production of safe, diverse and nutrient dense foods, notes a World Bank report.

Yet, in a matter of weeks, Nduku tells me, “COVID-19 has laid bare the underlying risks, inequities, and fragilities in our food and agricultural systems, and pushed them close to breaking point.”

These systems, the people underpinning them, and the public goods they deliver have been under-protected and under-valued for decades. Farmers have been exposed to corporate interests that give them little return for their yield; politicians have passed neoliberal food policies and legislation at the peril of citizens; indigenous farming knowledge has been buried by capitalist modes of production that focus mainly on high yields and profit; and families have been one meal away from hunger due to untenable food prices, toxic and unhealthy farm produce and volatile food ecosystems.

Nduku firmly believes that the pandemic has, however, “offered a glimpse to new, robust and more resilient food systems, as some local authorities have implemented measures to safeguard the provision and production of food and local communities and organisations have come together to plug gaps in the food systems.”

Food justice

Many young Kenyans have also emerged to offer leadership with more intimate knowledge of their contexts and responded to societal needs in more direct and appropriate ways. If anything, Nduku tells me, “we must learn from this crisis and ensure that the measures taken to curb the food crisis in these corona times are the starting point for a food system transformation”.

The sector, the survey revealed, employs more than 56 per cent of the total labour force employed in agriculture in 2019. It also provides a livelihood (employment, income and food security needs) to more than 80 per cent of the Kenyan population…

To achieve the kind of systematic transformation Kenya needs, we must “borrow a leaf from Burkina Faso’s revolutionary leader Thomas Sankara”, Nduku adds. Sankara emphasised national food sovereignty and food justice, advocated against over-dependence on foreign food aid, and implemented ecological programmes that fostered long-term agro-ecological balance, power-dispersing, communal food cultivation, and the regeneration of the environment, which remain powerful foundations for food justice today.

Indeed, we must also not rely on discrete technological advances or conservative and incremental policy change. We must radically develop a new system that can adapt and evolve to new innovations, build resilient local food systems, strengthen our local food supply chains, reconnect people with food production, provide fair wages and secure conditions to food and farm workers, and ensure more equitable and nutritious food access for all Kenyans.

Importantly, Nduku emphasises, “We must start thinking about the transformation of our food systems from the point of view of the poorest and those who suffer the greatest injustice within the current framework of our food systems.” This will provide a much more just, resilient and holistic approach to food systems transformation.

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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