The onset of the COVID-19 pandemic has challenged the public service infrastructure as never before. We commend the government for the efforts it has made to limit the contagion. In particular, we commend health service personnel for their tireless round-the-clock monitoring, testing and treatment of those affected by the disease.
I appreciate the 300 water points rolled out by the National Water and Sewerage Corporation and Kampala Capital City Authority on Friday 27 March. NWSC must be funded to enable them to continue to offer handwashing points in urban areas.
It is heartening to observe the positive public response to the Ministry of Health guidance and directives. I join the President of Uganda in emphasising that the contagion can only be stopped if we collectively practice physical distancing, frequent handwashing and avoiding touching our faces. These are the only preventive measures possible. There is no cure available so far.
The Director of the World Health Organisation, which is at the forefront of the fight against the pandemic, has described lockdowns as “extreme social & economic restrictions”.
In Uganda, our first confirmed case of COVID-19 was detected on 21 March 2020. As of Friday 3 April, Uganda had 48 confirmed cases. It is not easy for public servants and it is not easy for the ordinary citizen, but if we continue to cooperate, the pandemic will end. Uganda is among the countries with fewer than 100 cases and we stand a good chance of overcoming this crisis if we make the right policy choices now.
We agree with the WHO that the lockdown provides a window of opportunity to curb and finally defeat the disease but also to prevent a resurgence of infections once the lockdown is lifted. We believe it is necessary to “Refocus the whole of government on suppressing and controlling Covid19”, as Dr Tedros Ghebreyesus, Director-General of the WHO, has advised.
The World Health Organisation, which is at the forefront of the fight against the pandemic, has described lockdowns as “extreme social & economic restrictions”
We agree that “on their own, these measures will not extinguish epidemics”. We adopt the recommendation that, to be effective, the lockdown must be accompanied by measures aimed at strengthening the health service. It is our view that Uganda’s response to this pandemic can lay the foundations for a healthier and better-prepared country.
In everything we do, we must prioritise the safety of the health workers at the frontline. We therefore propose that they are provided with daily transport, risk and other duty-facilitating allowances, as well as personal protective equipment (PPE). In his address to the nation on 31 March, the President reported that health workers in upcountry facilities are avoiding suspected COVID-19 cases because they lack protective gear. This is unfortunate and must be addressed immediately at all Regional Referral Hospitals. It was shocking to hear in the Presidential Address on Friday 3 March that Uganda only has 10 per cent of the PPE required at this time.
We also support the call by some members of Parliament to pay health workers a motivational allowance, on time and during this crisis, not in arrears.
It may not be possible in the short term to expand, train and deploy our healthcare and public health workforce as recommended but the recruitment process can begin. The news that hundreds of healthcare workers are being recruited at all levels is welcome. Hopefully, the majority are clinicians and nurses.
What is possible in Uganda in the short-term is to continue efforts to “find, isolate, test, treat and trace” those who may have been exposed to the virus and who together with their families are at risk. Of the 48 cases, nearly all were incoming travellers and contacts of travellers arriving mostly from Dubai, 15 from the United Kingdom, three from the United States, one from Kenya. By 28 March, only three confirmed cases were not incoming travellers. We wish them all an easy recovery.
Uganda is among the countries with fewer than 100 cases and we stand a good chance of overcoming this crisis if we make the right policy choices now
In the two weeks prior to the airport closure, 2,661 high-risk travellers entered the country. Also, there are others that had not been identified before Dubai emerged as a high-risk country. Less than 1,000 of these people have been quarantined and tested. It would help to offer amnesty to the hundreds remaining to encourage them to come forward. The security services need only be deployed if there is further failure to cooperate after the amnesty is announced. In any event, the forces should endeavour to treat citizens with the respect they deserve. Wanton violence of the type we have seen contributes nothing to disease control and undermines faith in the government to lead us out of this crisis.
As has been noted, the more tests done, the greater the number of positive diagnoses. While we appreciate the donation of testing equipment from the WHO and Jack Ma, we note that we remain vulnerable as long as our capacity to test depends on donations. We recommend that Uganda seeks short-term measures to find funds for test kits. The public needs to be informed whether all the tests being used are WHO-approved. There is some concern about the potential for false negative results and, being a “fragile State” that is receiving multiple donations, we need assurance that all equipment is up to par.
Regional Referral Hospitals, and Naggulu and Mulago Specialised Hospitals, have been tasked with the management of COVID-19 cases. The input of the Uganda Medical Association, whose members are at the frontline of this battle, is required in signing off those entities equipped to take on the task. This will ensure healthcare workers at those designated facilities have adequate equipment, drugs and PPE. It is hoped that funds will be made available to provide testing facilities in hospitals outside Entebbe.
Wanton violence of the type we have seen contributes nothing to disease control and undermines faith in the government to lead us out of this crisis
Biosafety professionals should be involved in setting up any quarantine sites outside hospital settings to avoid healthcare-associated infections after the pandemic passes. The same should apply to General Hospitals and all Health Centre IVs if the need arises. Regional quarantine and treatment centres are needed to ensure everyone has a good chance of survival wherever in the country they may live as transporting patients across the country puts health workers at risk. Moreover, disinfection of markets, taxi parks and, where possible, other public places should take place before the lockdown is lifted.
Funding the fight
To fund the interventions we request that money currently allocated to Ministries, Departments and Agencies for non-essential activities be reallocated to increasing the number of tests carried out per day and providing transport and PPE for health workers. For example, fuel expenditure saved by grounding government vehicles and cancelling bench-marking trips, conferences, and treatment abroad for ailments that are treatable in Uganda, should also be reallocated to the health sector. Above all, we should minimise waste; expenditure on advertising in the media, printing official bulletins and so on, is not a priority. As WHO recommends, the way forward is “find, isolate, test, treat & trace”.
Most challenging, however, is the third recommendation from WHO: “Expand, train & deploy your health care & public health workforce”. Currently, we have five hospital beds per 10,000 people, 200 intensive care units and less than one (0.9) doctor per 10,000 people. To further complicate matters, other affected countries will seek to import our doctors to combat COVID-19 in their countries. The United States has already invited work visa applications from doctors. The US has 25.9 doctors per 100,000 people but 300,000 COVID-19 cases. Robust interventions on our part will serve in the current crisis and during any future health crises.
As WHO recommends, the way forward is “find, isolate, test, treat & trace”
The immediate sizeable source of funds would be the suspension of the Lubowa Specialised Hospital Project targeting health tourists. The total project cost is Sh1.4 trillion ($379 million). After the first payment of Sh327 billion ($87million), there remains a balance of Sh139 billion. These funds are needed to provide primary healthcare, intensive care and emergency care for Ugandans. (The existing budget for the 41 hospitals to be built in 39 districts is Sh1.3 trillion.) The reallocation from Lubowa Hospital should take place as soon as possible and should the lender decline, the rest of the loan should be cancelled.
Easing the Economic Impact of COVID-19
The majority of Ugandans are employed in the informal sector. In fact, 83 per cent of non-agricultural workers are in the informal sector (World Bank Databank). The majority of workers (75.2 per cent) are classified as being in “vulnerable employment” (Human Development Report 2019, UNDP). What this means is they do not have health insurance and are unlikely to have savings or any other form of social safety net. For the fishermen and small traders who pay annual licence fees, Uganda Revenue Authority could consider extending the validity of those licences to take account of trade lost during the pandemic.
Borrowers from the Youth Livelihood Programme and the Women’s Entrepreneurship Programme present a problem. The 83,000 participants in the government-funded loan schemes such as the Youth Livelihood Programme were already having difficulties making repayments and the majority defaulted. During this time we request that the government suspends the pursuing of defaulters and resumes collections when normal work resumes.
Those in debt to micro-finance companies can be assisted by freezing interest accumulation during the lockdown and extending repayment periods once work resumes. Boda boda riders who have bought their motorcycles on credit fall into this category.
Formal Small and Medium Enterprises face similar loan repayment challenges and require similar consideration. The Bank of Uganda has the responsibility to use those mechanisms as are within in its powers to maintain economic stability. It should ensure that SMEs are not forced out of business by enabling banks to extend repayment periods for loans. In this connection, borrowers forced to default should not be penalised and listed by the Credit Rating Bureau.
Both the formal and informal sectors increasingly use digital means to do business. To reduce the use of potentially infectious money, and to make transactions more affordable, we request that the government lift the OTT tax (excise duty on over-the-top services). The government is also urged to reach an agreement with Telcos to further reduce their rates for all telephony.
Mortgages and rent
Without work, the informal sector and struggling SME owners may be unable to pay rent and may face eviction. Bear in mind landlords too may rely on the rent to repay building loans and cater for their families. Therefore, for those in the informal sector we request that the government works out an arrangement with landlords to grant a month’s grace period for those forced to default on rent. The government could take on the debt for the period of the lockdown. For those in the formal sector, the government should consider guaranteeing the rent and mortgage payments and later recover them from salary or from the National Social Security Fund (NSSF) savings of the tenant. Moreover, the NSSF Act needs to be amended to give members access to their savings during emergencies in future.
Payment of electricity and water bills will become more difficult in the days ahead. The National Water and Sewerage Corporation has explained that it is unable to waive water charges because it too must meet its obligations to employees and suppliers.
What is needed are subsidies for consumers in difficulty. Two options are possible for a fixed period: a VAT waiver on water and electricity or selective subsidies through Yaka credits and water credits for those most in need. It should be possible to apply online or to regional offices and be granted these credits according to criteria agreed upon between the government and the utilities providers.
Social protection of the most vulnerable
We note the relief being distributed to the vulnerable in Kampala and Wakiso districts. It is true that many urban dwellers have been suddenly deprived of incomes and require support. However, rural people in vulnerable employment are also affected by the lockdown through loss of income. Many depend on roadside markets between towns and cities, traffic which no longer exists.
The elderly are the most vulnerable because globally fatalities have been most prevalent among this demographic and also because their caregivers will be unable to provide for them as before. Yet many of the elderly are themselves caregivers to grandchildren and employers of farm workers. The government has already compiled a list of the aged to which it pays a monthly grant. This Senior Citizens’ Grant is vital in keeping the rural economy afloat and for children being cared for during this time and therefore it must be paid in full and in a timely manner.
The incapacitated and those whose caregivers are themselves incapacitated by illness will need to be added to the list of the vulnerable as will the unemployed who will lose caregiver support. Nearly all Ugandans are at risk of financial disaster if they were to become seriously ill. The Human Development Report states that 75 per cent of Ugandans are at risk of catastrophic expenditure – expenditure which wipes them out financially – were they to require surgery. COVID-19 may not require surgery but in the worst cases (should they appear) it will require intensive care. With a reported 200 ICU beds nationally and most probably all occupied, the situation is dire.
In the absence of public transport, a special public transportation plan for patients and expectant mothers travelling to hospitals and medical centres should be put in place. The beginnings have been difficult as travel passes have not been easy to obtain. We propose hiring and branding vehicles for delivering COVID-19 patients to health facilities. The modalities can be worked out by the Joint Task Force. People Power Co-ordinators will be available to assist in locating those who require transport to health facilities.
The 21 per cent of people living in poverty forms a large part of the vulnerable section of the population. Undernourishment (caloric intake below minimum energy requirements) has been steadily rising for the last 14 years, from 29 per cent to 41 per cent. We have been advised by the Ministry of Health that people have a better chance of surviving COVID-19 infection if they are adequately nourished. To exclude them from the lockdown-affected persons requiring assistance is unfair and counter-productive as they are more likely to succumb to infection.
We cannot afford not to be prepared for other disasters. The shortage in medical masks, respirators, gowns and goggles caught Uganda unprepared yet this was forecast by the World Health Organisation on 27 February.
A resurgence of the desert locust plague in the region was forecast to begin in early May. A swarm entered Amudat district for the second time on 3 April. If it grows, there will be food shortages.
Extreme climate events such as mudslides this rainy season cannot be ruled out either. Our preparedness should reflect the seriousness of the situation and funds set aside to deal with any eventualities. A government statutory contingency fund must be put in place with immediate effect.
On an individual level, to increase food security, owners of uncultivated land are requested to either plant staple foods or allow food to be planted on their land during this rainy season. This arrangement would be limited to this season that is coinciding with the lockdown period.
Funding the safety net
To fund the social safety net, it will be necessary for the government itself to get debt relief on the national debt. Currently over 65 per cent of revenues goes towards debt payment. While we appreciate the World Bank’s call for suspension of debt repayments to development partners and offer of a loan package to finance the campaign against COVID-19, this is not a time to acquire more debt. Lenders are aware that Uganda is a fragile state and, therefore, negotiations for debt cancellation to enable us to provide a social safety net must go ahead and they must succeed. The absence of a social safety net is the direct result of ill-advised development policies.
Long-term interventions: Rehabilitation of the Health Care System
People Power has long argued that the stagnation in health and other services must be addressed as a matter of urgency, not in 2022 or in 2026 but now. This pandemic will end but without strong health and other public services, we shall remain vulnerable to the next epidemic, pandemic or extreme climate event. So we would like all interventions to go beyond the COVID-19 pandemic to cater for future needs.
The health, water and sanitation and all other sectors must be transformed into robust, life-enhancing government services.
Our expenditure on health decreases nearly every year. That trend must be reversed. We must go from spending 6 per cent of GDP on the health service to spending the 15 per cent we signed up to in the Abuja Declaration.
Not surprisingly, a review of the hospitals around the country reveals that the majority have faulty equipment. To finance a health service that meets national requirements, the health insurance scheme that has been in the pipeline for over a decade needs to be rolled out.
We must go from spending 6 per cent of GDP on the health service to spending the 15 per cent we signed up to in the Abuja Declaration.
We need to develop the capacity to manufacture items for clinical use, e.g. protective gear for health workers. We have the capacity. In 2019 young Ugandans developed life-saving and cost-saving bio-medical equipment. All are important because of the nationwide shortage of medical equipment especially in rural areas. Olivia Koburongo and Brian Turyabagye developed the Mama-Ope smart jacket for digital pneumonia diagnosis. In 2018 Phyllis Kyomuhendo invented M-Scan a portable ante-natal ultrasound device. Brian Gitta and colleagues developed a bloodless malaria test (Winner of the Africa Prize for Engineering Innovation, founded by the Royal Academy of Engineering in the UK); we often cannot afford reagents used to test blood. In 2014 Dr Chris Nsamba developed an incubator for premature babies which he donated to the government. It is in use at Mukono Health Centre IV whereby last year it had saved the lives of 243 critically ill babies. Uganda has one of the highest rates of premature deaths in the world.
In 2019 young Ugandans developed life-saving and cost-saving bio-medical equipment
However, Dr Nsamba failed to get any government funding although a government agency later claimed to have sponsored the development. The government should make a firm commitment to support local innovators by buying their products while following procurement rules to give all innovators a competitive chance.
Water and Sanitation
Only 18 per cent of the population has access to basic sanitation services with which to keep themselves and their homes healthy. Of every 100,000 deaths, 31 are related to unsafe water and poor sanitation and hygiene services. Of every 100,000 deaths, 159 are caused by household and air pollution (Human Development Report 2019, UNDP).
In the long term, there needs to be an investment in the water sector that meets the needs of the 82 per cent without access to basic sanitation services.
We are grateful for the government’s transparency in admitting that the limited water supply to homes has been caused by “poor planning and implementation of programmes over the years”. As a result, the water and environment sector now needs at least nine times the present level of funding every year for the next 12 years to meet national development targets (Budget Monitoring and Accountability Unit Briefing Paper 30/19, Ministry of Finance, June 2019).
During the lockdown many will struggle to get fuel for cooking. Under normal circumstances, less than 1 per cent of Ugandans has access to clean fuels and technologies for cooking. Apart from being unsustainable environmentally, the daily search for firewood, like the daily trip for water, takes away time children would otherwise have spent in school, acquiring skills to innovate for our survival as a people.
We have an opportunity to reflect on the type of nation we want to be. Are we willing to invest in our human development and well-being or will we forever belong to WHO’s category of “the most fragile and vulnerable countries”?
Human development costs money. We will only see a change if we manage our resources better, this goes both to government and to the population. We must eliminate non-essential expenditure; expenditure on salaries of political appointees and on electioneering – cash handouts in return for votes. We must eradicate waste; last year vehicles were bought at a cost of $5.5 million for the Commonwealth Parliamentarians Conference. It was said that they would thereafter be used for government work but they have not been surrendered to the pool for use in fighting COVID-19. The recent budget proposals for the desert locust emergency, especially by the ICT ministry, show that we have not learned this yet.
As a Nation, we need to reflect on the wisdom of splintering the country into tiny entities paying salaries for MPs, and public service but remaining financially unable to maintain decent health centres, hospitals or roads, or to deliver quality education in most local government institutions.
As individuals, each one of us must have as much integrity as we expect from our leaders. In the last four years, Uganda lost Sh28 billion in the Youth Livelihood Programme. An audit of a sampling of Youth Livelihood Project groups which received loans found that 64 per cent were non-existent (representing 71 per cent of the value of the loans). Another 25 per cent had embezzled the funds. This means that repayments were not available for re-lending to new Youth Interest Groups.
We must never again be found without sufficient medical facilities. We must never again find ourselves lacking water with which to wash our hands and prevent disease.
The physical environment in which we live and work can and must be transformed. Unsanitary working conditions in markets and other public places must be addressed beginning with the NWSC/KCCA handwashing points which we expect will become a permanent feature.
We must never again find ourselves lacking water with which to wash our hands and prevent disease.
A durable solution to the broken public transport system is needed, especially in cities and towns. This pandemic has taught us that public transport is a public good that must be supplied, regulated, maintained and sanitised by the government. Supplementary systems are well and good, but the primary responsibility for public transport lies with the government.
On behalf of the millions of People Power foot soldiers across the country, I call upon the government of Uganda and all Ugandans to reflect and consider the proposals I have laid out here.
For God and My Country.
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Africa’s Land, the Final Frontier of Global Capital
If the designs of global big money are not stopped in their tracks, Africa is threatened with environmental degradation and nutritional poverty.
Three great factors are coming together to constitute what may be a whole new, and final chapter in the book of horrors that have been visited on the African people since the birth of Western European capitalism.
If Native Africans do not begin to think very deeply about what this is going to mean for what is left of them, in terms of their livelihoods and ways of living, then the recent past will seem like a small piece of paradise.
Unlike our ancestors, who are often blamed — opportunistically — for the original conquest of Africa and the trade in enslaved Africans that came before it, this time round, there will be no excuses or debate. Africa now knows what colonial conquest is and what it does, in a way that our unfortunate ancestors could not.
The first factor is that capitalism is fast running out of things to destroy in order to make profits. The climate crisis is the best evidence of this. This has been a long-term trend, certainly since the 1960s. However, the most recent financial collapse of 2008 certainly intensified it. Of the grand things and sectors left for capitalism to ravage, there is the production of food for the masses of people crowded into the towns and cities of the West, with no space, time or fundamental skills to produce it for themselves from scratch.
The global corporate food industry is based on one key assumption: that the human race, as it continues to grow in number, will become less and less able to independently produce food for itself. These is because of embedded assumptions about the inevitability of intensive urbanization, as well as time and lifestyle choices, themselves often culturally encouraged, if not imposed, by the same industry.
Food, that indispensable need, is now recreated as a guaranteed industrial commodity.
And so, a lot of corporate interest and money has migrated into the corporate agriculture sector, globally. Global big money is now trying to colonise food production itself, on a global scale, in order to find new ways of keeping its money valuable. Writing in mod-2011, the late Dani Nabudere perceives a deeper conflict:
During the first three months of 2008-the year the global economic crisis intensified, international nominal prices of all major food commodities reached their highest levels for fifty years. The United Nations Food and Agricultural Organisation-FAO reported that food price indices had risen, on the average, by 8% in 2006 compared with the previous year. In 2007, the food index rose by 24% compared with 2006 and in the first three months of 2008, it rose by 53% compared with 2007. This sudden surge in prices was led by increases in vegetable oils, which on the average increased by 97%, followed by grains with an increase of 87%, dairy products with 58% and rice with 46%.
This means that investing in food, or the assumption of the future existence of food as a commodity to be traded. In short, what is known as the Futures market. But the problem with futures is that at some point, the commodity will have to come into existence.
The second thing native Africans need to be aware of, and arising from the first, is that African land is going to be in demand in a way not seen even at the height of the period of European colonial domination.
Most of the world’s arable land is now found somewhere in Africa. It is unclear if by this is meant arable land under use, or also land that can be put to agricultural use (but may be located under a forest, or something, at present).
The March 2012 issue of Finance & Development Magazine sheds some light on that equation:
Throughout the world, it is estimated that 445 million hectares of land are uncultivated and available for farming, compared with about 1.5 billion hectares already under cultivation. About 201 million hectares are in sub-Saharan Africa, 123 million in Latin America, and 52 million in eastern Europe. . .
The third factor is that arable land is only arable if it has fresh water near it. And it is only viable for corporate exploitation if it also has no people on it. Africa is therefore the prime target: plenty of fresh water, and very few real land rights.
In my estimation, the area of Africa between the Western and Eastern Rift Valleys running along the length of the Nile valley below the Sahel has been identified as on the last open, near-virgin territories, ripe for intensive mechanized agricultural exploitation.
That area’s human settlements have historically originated around the pattern of freshwater bodies. A lot of Uganda was once a wetland. As a result, the country will find itself located at the very epicentre of any such an enterprise.
Dr Mike Burry, a now legendary American stock market operator is reported in the Farmfolio website to have said, “I believe that agricultural land – productive agricultural land with water on site – will be very valuable in the future . . . . I’ve put a good amount of money into that.”
The website goes on to report quite sarcastically,
Over the next three decades, the UN forecasts the global population to increase to about 10 billion. How do you imagine farmland investments will benefit from an over 30% increase in mouths to feed? Good luck feeding two billion people with Bitcoin or gold nuggets.
In this sense, colonialism was just the attempted start, with the former white settler farm economies of Kenya and southern Africa as the increasingly decrepit leftovers. The goal now is African land in general, wherever land can be turned over to large-scale (and therefore mechanised, “scientised” and corporatized) production of the commodities needed to make factory food.
The implications are clear: the goal of the huge capitalist formations that dominate public and foreign policy in the industrial countries, and whose agribusiness interests have a global reach, is to turn Africa into a huge farm, both as an opportunity, and as a response to an internal crisis.
In a May 2017 opinion piece published in the UK Guardian newspaper, then United Nations Environment Programme Head Erich Solheim made a similar point:
Several scenarios for cropland expansion – many focusing on Africa’s so-called “spare land” – have already effectively written off its elephants from having a future in the wild. These projections have earmarked a huge swathe of land spanning from Nigeria to South Sudan for farming, or parts of West Africa for conversion to palm oil plantations.
All this speaks directly to the immediate future of the African people. Put bluntly, in order to put industrial agriculture in place here, there will have to be genocide, massive environmental damage, widespread human displacement, and therefore repression and conflict as the tools of implementation.
African land is going to be in demand in a way not seen even at the height of the period of European colonial domination.
The Alliance for Food Sovereignty in Africa (AFSA), calls the bringing of the US agribusiness model to Africa “a grave mistake”. They describe the model as “the single largest cause of biodiversity loss worldwide,” that “also fails to solve hunger, negatively impacts small-scale farmers, and causes environmental harm.”
It is in this context that the debates in Uganda and Kenya, for example, about land use and policy, can then be appreciated.
In Uganda, President Yoweri Museveni has launched a political offensive (once again) against the Kingdom of Buganda, describing its neo-traditional land tenure system as “evil” and in desperate need of reform.
This should not come as a surprise to anyone. First of all, Mr Museveni has firmly established himself as the pre-eminent fixer for imperialist ambitions in the Great Lakes Region. Whatever the owners of Western capital want here is what he will always try to deliver, no matter the collateral damage. Secondly, whenever the Ugandan president hatches a plan targeting the wealth and resources of native Ugandans, he begins with an attack on Buganda. Not because there is anything more valuable there, but because it enables the ideological seduction of a useful section of Ugandan political society: Ugandan “patriotism” was built on the notion that native identities are a bad thing, and that the Ganda identity is the worst of all.
It worked in the process of marginalising native voices in the independence movement and replacing them with smooth-talking “pan-Africanists”.
It then worked again with the creation of the culture of dictatorship between 1966 and 1979. Voices raised in opposition were easily dismissed as “divisive”, or retrograde. The mission now, was to build the new non-ethnic nation.
More recently, it has been deployed again to justify global neo-liberal designs on African land, through dismissing native resistance to it as “backward” and “parochial”.
Once it has been politically established that the overriding of native objections to anything is an essential and desirable part of development, then the “principle” can be applied in practice, to all other parts of the country.
Through its loyal and devoted client, the National Resistance Movement regime, Western capitalism is targeting all Ugandan land, regardless of which natives own it and under what system.
The same principle works differently in Kenya, but towards the same end. Initial white settler-based agriculture was never successful. Part of the story of Kenyan independence is actually the story of the Empire at headquarters becoming increasingly unwilling to deploy the economic, political and military resources needed to maintain a colony largely for the benefit of a small group of unproductive, self-regarding “middle-class sluts”, as one of the British commanding officers is alleged to have described the settlers.
However, a legacy of that time is that unlike in Uganda, vast areas of Kenya’s potentially productive land are still in white and foreign ownership. And a lot of this is in areas historically within a pastoralist ecosystem.
A succession of Kenyan governments neglected to address this historical injustice. In fact, through corruption, key individuals in a number of those regimes actively took advantage of the situation and joined the white families in becoming big landholders themselves.
Put bluntly, in order to put industrial agriculture in place here, there will have to be genocide.
Today, the three-way contestation between native (often pastoralist) communities, dogged white and other land oligarchs, and a wavering, uncaring state, rumbles on.
Co-author of The Big Conservation Lie: The Untold Story of Wildlife Conservation in Kenya, longstanding Kenyan conservation biologist, and land rights activist, Mordecai Ogada, has long argued that the whole wildlife tourism-based “conservation” industry run off the vast settler-leased native landholdings is basically a landgrab. The question will be Is this just for tourism, or will it be open to other ventures, like industrial agriculture?
It could lead to something deeper. Arguments for “development” and “rangeland/wildlife conservation” will be mobilised as a cover to carry out large-scale land grabbing and the eviction of peasants and pastoralists from lands they have historically occupied. Not just for the parochial descendants of the original white settlers now turned “conservationists”, but the kind of mega-scale mechanised planting that has been so central (and destructive) to the American mid-west, the Amazon basin, and native Canada.
This was also partly how the war that eventually split Sudan played out in the now separated south, and still plays out in Darfur and the Nuba Mountains. A significant section of Arab-descended northern economic elites was centered on the production of wheat. According to the Sudanese intellectual Dr Fatimer Babiker Mahmoud, in the late 1980s, this sector was making millions of dollars annually from the large-scale planting, harvesting and export of the grain to Europe, Asia and the Arab world.
Sometimes this meant the clearing of the more fertile lands of the south, the Nuba mountain lowlands and the Darfur region – all largely inhabited by Black Africans – for the mechanised growing of wheat. This is what gave the conflict its racial character, as Arab chauvinist arguments were used to justify this genocide.
But, as with the white settler projects, these should be seen as trial runs in the greater measurement of our economic history. There is a need to understand the sheer scale and scope of these operations.
What may be coming will be much grander in scale, out of both Western necessity and greed.
Of the top ten foods listed as traded the most within global trade by the Just-Food Magazine website in 2014, (fish, soybean, wheat, palm oil, beef, soybean meal, corn, chicken meat, rice and coffee) there are five key items that drive the processed food industry: palm oil, wheat, soya and corn. It seems sugar cannot be accurately measured because it features in just about anything processed.
In addition, meat production (chicken, beef and pork) is dependent on the others on the list. Cattle are fed on corn, and soya (and the soybean meal) comprises part of what is fed to chickens.
The scale of the operations means that huge sums of money are invested. In today’s world, this means money from banks and institutional investors (hedge funds, etc.) as shareholders in agribusiness corporations. Poultry factories can contain up to forty thousand chickens permanently locked in cages for laying, or just warehouses of several thousand square feet. In early 2020, some 20 million chickens were being slaughtered each week in the United Kingdom. Corn and other grain are usually planted on lots measuring thousands of hectares apiece.
When investing on this scale, certain guarantees must be put in place. These are not matters that are left to chance, or fortune. And the primary purpose of all capitalist economic activity, especially in the West, is to obtain the biggest private return possible on any investment. And also usually in the shortest possible turnaround time.
This is why “insurance” measures are locked in from the start. In particular, chemical-based fertilisers, pesticides and fungicides and also increasingly, the use of genetically modified seeds and livestock, as well as steroids and antibiotics to promote rapid growth and prevent sicknesses.
In fact, through corruption, key individuals in a number of those regimes actively took advantage of the situation and joined the white families in becoming big landholders themselves.
The goal is huge, regular volumes of uniform products to be processed and marketed to huge urbanized populations.
The whole commercialisation process begins in the West, where this industry is the most developed. The European conquest of the continents of north and South America, also mark the period when food production migrated from being a community-based activity, to an industry.
This led to the clearance of human settlement from large areas of land, as well as the destruction of forests and wetlands, all to make way for the animal ranches and very big plantations.
This way of life is now being increasingly imposed on all societies, as “the normal”.
The recent riots in the Republic of South Africa for example, are an illustration of the dangers of becoming prisoners of a privately owned, mechanised food supply system, and also an attempted repudiation of it.
The rest of Africa is quickly “catching up” to this advanced backwardness, with the increasing rate of unplanned migration to urban centers due to loss of opportunities in community-based agriculture.
In Uganda for example, this process was driven by the intentional Museveni-led neo-liberal disruptions to the adapted system of community-based agriculture that has been built up in the country over a period of nearly eight decades.
Agricultural production remains at the heart of this struggle. The Africans sought to ensure that they continued to produce their indigenous food crops so as to retain food sovereignty, while at the same time engaging in the new cash crop economy that was encroaching on their land and labour power.
Official African policy within each African state, as well as in the regional economic blocs and the various policy and finance bodies (such as the African Development Bank), remain uncritically in support (or at least not opposed) to this general strategic direction.
What may be coming will be much grander in scale, out of both Western necessity and greed.
“Africa must start by treating agriculture as a business,” wrote African Development Bank (AfDB) President Dr Akinwumi Adesina, in African Business magazine in 2017. “It must learn fast from experiences elsewhere, for example in south east Asia, where agriculture has been the foundation for fast-paced economic growth, built on a strong food processing and agro-industrial manufacturing base.”
Our official planners suffer from a tragic tendency of conflating any activity involving money and machines, with “development”. The intention is to duplicate life as it is almost universally led in the Western-style countries. They think is will bring “industrialisation”, and through that, jobs.
There are four significant conflicts or budding conflicts on the continent right now, in which arable land for mechanisation will increasingly become a factor. These are in southern Ethiopia, Congo and the whole Sahel zone, anchored on Nigeria (and Sudan), and Kenya.
If these developments are not challenged and stopped, Africa can look forward to environmental degradation, and nutritional poverty.
We will all become Africans in South Africa, and poor people in the West.
Assuming the Western industrial system lasts much longer. And that the planet also does.
How Capitalism Uses and Abuses the Arts
The arts business is a very flawed, archaic and extremely exploitative model but artists continue to rely on corporate sponsorship, without questioning the shrinking spaces and opportunities for the arts to thrive.
In my last piece, I talked about how our education system destroys the arts by corrupting the meaning of education, work and the arts. And I said that these lies that are perpetuated in the name of education come from the unholy and abusive marriage between education and business. (I have said elsewhere that this marriage should be annulled immediately.)
In this piece, I’m going to talk about how capitalist business is the prime beneficiary of the terrible state of the arts in Kenya.
Businesses swing artists between two extremes. On one hand, which I already explained in my previous letter, the business (parasite) sector encourages the education system to degrade the arts, so that art does not look like real work that takes skill and resources. By doing that, the business sector justifies artists not being paid for their work. If you have noticed that you are not getting paid, or your payment is delayed, it is because of that madharau for the arts. The accountants cooking books look at you and think to themselves “Why should I pay someone for shaking around or singing for people? Even I could have done that work if I wasn’t here balancing books.”
On the other hand, capitalism does pay artists huge amounts of money, like we see in Hollywood where people like Oprah and Jay Z have become billionaires through entertainment.
In the end, artists are treated like battered spouses. One minute, a spouse is being abused and beaten, and the next minute, when the battered person has had enough, the abuser apologizes, swears how much they love the battered person and promises not to beat the spouse again. And the cycle starts again.
Art and wealth
The first thing to understand about the arts business is that it is a very flawed, archaic and extremely exploitative model. I will talk mainly about music, but book publishing and other types of art business work using the same principle.
Basically, the art business uses the rentier model, like a landlord. A landlord builds a house once but earns money on that house as long as he owns the right to that house. The “work” of living there, or the business carried out there, is done by other people, but the landlord earns a cut of that work despite doing no work. Simply because he owns the property in which the work was done.
And that is the same thing record labels and studios do. They provide initial capital and make the artist sign a 360-degree contract that allows the label to earn from everything the artist is involved in for the rest of the artist’s life: performance, recording, brand merchandise and even artistic license. An artist who is signed to a record label is an enslaved person. In the US, artists who are lucky earn 10 to 15 per cent of the revenues they generate for the music industry. The rest are unlucky and earn much less, if anything.
Imagine that. For every artist billionaire we know, their record label earns nine times more.
As an artist, you’re probably thinking, “Well, it may be exploitative but at least it works. Why can’t those exploiters come and work in Kenya?”
Actually, they are working here, and we know it. They have names like MCSK and Liberty Afrika. And the way these companies exploit artists is the same way other companies exploit everybody else in employment. The wages we earn are nothing compared to the profits that entitled, lazy and ignorant fat cats make from our work, and yet — as we see with the doctors — companies are constantly coming up with new schemes to avoid paying us for the work we do.
An artist who is signed to a record label is an enslaved person.
I tell my arts students that they should spend time in the university studying and imagining a different model for earning income from the arts. For instance, 360-degree contracts should be considered slavery and outlawed. Saying that every future income of an artist is tied to the initial capital invested in their recording is just as ridiculous as a food supplier to a restaurant saying that they should earn 90 per cent of every plate or meal served by the restaurant. Once the food is delivered and paid for, the contract should end there. Artists should pay studios, publishers and marketers separately as bills, not on promise of royalties.
But because my students have been told that education is only for jobs, none has ever taken up my challenge to think about this.
There is another form of abuse and exploitation of artists that is less talked about because it is less easy to quantify. That is idea theft.
Through platforms like hubs, and through demanding proposals for shows and other performances, institutions exploits the artist’s energy and innovation, then pull the rug from under the artist and run off with the idea. That is why artists will start small concert gigs and before long, corporates, instead of sponsoring those gigs, create their own versions because they can pour in the money to make it big.
And these initially sustainable and indigenous ideas soon turn into monsters. These corporates invade natural parks like Hells Gate to sell even bigger than they should. Not only do they subvert eco-systems, they also crush their conservation opponents with media blitz and economic blackmail. What started as a Kenyan artistic initiative is not only hijacked but also turned into a short term, exploitative and destructive tsunami that dies almost as soon as it is born.
I tell my arts students that they should spend time in the university studying and imagining a different model for earning income from the arts.
Other artists report having given studios or media houses an idea for a show, leaving with a promise that they will hear from the producers. Within a few weeks, they see a bad version of the show they proposed. Is it a wonder that television entertainment is so unimaginative and poorly executed?
But this is the nature of capitalism: like a paedophile, it lets nothing mature and thrive. It instead derives a perverted sense of pleasure from exploiting the vulnerable and destroying budding ideas before the ideas develop to maturity.
Impunity and abuse
This paedophilia is replicated across all institutions. As someone recently said on Twitter, we are often employed on the promise of our ideas, upon which we are promptly frustrated and prevented from developing them.
No institution has escaped change and democratic supervision like the workplace. Workers around the world are succumbing to the abuse of the workplace, whether they are employed or not. Stress levels are high, and sexual bullying, mental illness, addiction and suicide are on the rise. The workplace has become a crime scene, where people get away with abuse and psychological torture.
But what is slightly unique about the arts is that when artists suffer from the same vices, the business world convinces us that this inhumanity is part of the artists’ creativity. That is why the high rate of depression and suicide among artists is not treated as a pandemic. When artists suffer violence such as being shot in clubs and being drugged and raped, we the abused and terrorized Kenyan public thinks that their abuse comes with the artistic territory.
In fact, we even accept that the business community does not treat artists as workers like other employees. Artists are not paid a salary, pension and benefits. They don’t go on leave. They are on the road all the time, or constantly searching for new gigs and new contracts, and never taking a break. The constant toil takes a toll on their minds and bodies and they start to use substances to stabilize their lives instead of getting some rest. Then there is the parasite industry of the paparazzi who make sales from intruding on artists’ lives and selling the details to the world.
The workplace has become a crime scene, where people get away with abuse and psychological torture.
But instead of us criminalizing these vices committed against artists, we let the business world convince us that this inhumanity is part of the artists’ creativity. That is utter nonsense.
Worse, the impunity also makes every new generation join the arts thinking that creativity requires criminality, substance abuse and insanity.
And the business sector has an evil, devilish interest in making literal murder and depravity acceptable for artists. Because of the power of the arts to free people, capitalism cannot let the arts thrive on their own, for the arts will inspire the people to challenge the tyranny of business by looking for alternative business models.
But at the same time, capitalism needs the power of the arts to manipulate people to behave in the interests of business. It puts the arts on a leash, so that the arts go only where capital wants the arts to go — to sedating the masses into accepting exploitation or into buying things.
And the artists, unfortunately, are joined to corporations at the hip and naively celebrate their reliance on corporate sponsorship, without questioning the shrinking spaces and opportunities for the arts to thrive.
And we artists need to understand that this abusive relationship is made possible by the hostility of the church. Instead of the church being our refuge in times of trouble, the clergy side with the state when the state crushes us through bans and censorship that are implemented in the name of morality.
Laikipia Land Crisis: A Ticking Time Bomb
Historic land injustices, changing land ownership and use, and heightened competition for natural resources — exacerbated by the effects of climate change — make for a perfect storm.
“Here we have a territory (now that the Uganda Railway is built) admirably suited for a white man’s country, and I can say this with no thought of injustice to any native race, for the country in question is either utterly uninhabited for miles and miles or at most its inhabitants are wandering hunters who have no settled home . . . .” Sir Harry Johnstone
There have been significant changes in the pattern of land ownership in Laikipia in the last two decades. These changes are set against a background of profound inequalities in land ownership in a county where, according to data in the Ministry of Lands, 40.3 per cent of the land is controlled by 48 individuals or entities. The changes have not brought about an improvement in the lives of the pastoralists and other indigenous communities who occupied Laikipia before colonisation. These groups — and the Maasai in particular, following their 1904 and 1911 treaties with the British — were forced out and relegated to reserves in southern Kenya to make way for the establishment of large commercial ranches owned by White settlers. Those indigenous inhabitants who remained were pushed by subsequent colonial legislation to Mukogodo in the north of the county, the driest part of Laikipia.
The pastoralists did not recover their land with the end of colonial rule. On the contrary, Jomo Kenyatta, the first president of Kenya, encouraged White settlers to remain after independence and today, some of the descendants of those settlers who decided to make Kenya their permanent home still occupy vast swathes of land in Laikipia County. Those who were unwilling to remain in Kenya under majority rule sold their land to the Kenyatta administration. As Catherine Boone, Fibian Lukalo and Sandra Joireman observe in Promised Land: Settlement Schemes in Kenya, 1962 to 2016,
With the approach of independence, the settler state and the British government stepped in to protect the interests of Kenya’s white land-owners by creating a land market for white settlers who wanted to sell their agricultural holdings, and supporting land values for those who wanted to stay. The buyer of most of these properties was the Government of Kenya, using loans provided by the British Government and the World Bank. Through this process, the Kenyan state acquired about half of the land in the (ex-) Scheduled Areas.
In 1968, under the World Bank-funded Kenya Livestock Development Programme — whose stated objective was “to increase beef production for home consumption and export mainly by subsistence pastoral groups” — the government enacted the Land (Group Representative) Act (Cap. 287) that saw the creation of 13 group ranches in the northern part of Laikipia, which is the driest part of the county. However, well-connected local elites helped themselves to part of the land, excised as individual ranches. There are 36 such individual ranches that should have been part of the group ranches.
Those ranches that were sold to the Kenyan government by the departing British settlers are within the expansive Laikipia plateau. The government later sold them to land buying companies formed by Kikuyus that in turn subdivided them into individual holdings. Examples of such lands include Kamnarok, Kimugandura, Kirimukuyu, Mathenge, Ireri and Endana, among others. The remaining land was gazetted as government land such ADC Mutara and Kirimon, or outspans such as Ngarendare and Mukogodo, which were used for finishing livestock for sale to the Kenya Meat Commission.
Land tenure and use
In the Kenyan context, and compared to other counties, the history of land in Laikipia County is unique, with a diversity of tenure systems each representing a unique system of production. The map below shows the different land use and tenure systems in Laikipia County that include large-scale ranches, large-scale farms, group ranches and smallholder farms.
There are 48 large-scale ranches sitting on 40.3 per cent of the total land area in Laikipia County, 9,532.2km², some of which are still owned by the descendants of the colonial settlers. The ranches occupy huge tracts of land, the three largest being Laikipia Nature Conservancy with 107,000 acres, Ol Pejeta with 88,923.79 acres, and Loisaba with 62,092.97 acres.
Source: Ministry of Lands
Most of these large-scale ranches — many of which have an integrated economic system that includes livestock, horticulture, wildlife conservation and tourism — were acquired during the colonial period and legislation governing their ownership was taken from the colonial law and integrated into the constitution of independent Kenya under the land transfer agreement between the colonial government and the Kenyatta regime. It should be noted that the Maasai land campaign of 2004 pushing the government to address historical injustices following the forced ouster of Maasai from their ancestral lands in Laikipia, brought to light the fact that some of these ranches had no legal documents of ownership. In an article titled In the Grip of the Vampire State: Maasai Land Struggles in Kenyan Politics published in the Journal of Eastern African Studies, Parselelo Kantai observes,
Ranchers interviewed could not remember how long their own land-leases were supposed to last, were unaware of the Anglo-Maasai Agreement, and, in at least one case, were unable to produce title deeds to their ranches. And when opinion was expressed, it bordered on the absurd: the ‘invaders’, observed Ms Odile de Weck, who had inherited her father’s 3,600-acre Loldoto Farm, were not genuine — not Maasai at all. They were, she noted emphatically, Kikuyus. The Maasai, she said, had willingly ceded rights to Laikipia, had been compensated long ago and now resided happily in some other part of Kenya, far away.
Immediately following the campaign, the Ministry of Lands started putting out advertisements in the print media inviting those landowners whose leases were expiring to contact it.
Twenty-three large-scale farms occupy 1.48 per cent of the land in Laikipia County. These farms are mostly owned by individuals from the former Central Province who bought the land following sub-division by the Kenyatta administration, or through land buying companies, which opted not to sub-divide the land but to use it as collateral to access bank loans.
Source: Ministry of Lands
Smallholdings sit on 27.21 per cent of the total land area in Laikipia County. These farms were initially large-scale farms bought by groups of individuals who later sub-divided them into smallholdings of between two and five acres. There are three categories of farmers in this group: those who bought land and settled to escape land pressure in their ancestral homes, those who bought the land for speculative purposes, and those who bought land and used it as collateral for bank loans. A majority of the first group still live on their farms, practising subsistence, rain-fed agriculture. Most members of the other two groups are absentee landowners whose idle land has over time been occupied by pastoralists in search of water and pasture for their animals, or by squatters seeking to escape the population pressure in the group ranches. In some cases, pastoralists have bought the idle land and have title.
The 13 group ranches cover 7.45 per cent of the total Laikipia land area and are occupied by pastoralists who use them for communal grazing. However, some of the group ranches such as Il Ngwesi, Kijabe, Lekurruki and Koija have also established wildlife conservancies and built tourist lodges.
Changing land ownership, changing landscapes
Since the late 1990s, when agitation for political reforms and a new constitution began in earnest, and in the intervening period, new patterns of land ownership and land use have been emerging in Laikipia County.
Data from the Laikipia County Government indicates that 16 of the 48 large-scale ranches have been internally sub-divided into units of between 3,000 and 4,000 acres, with the land rates due for each sub-division paid according to the size of the sub-division. The sub-divisions are made through private arrangements and do not appear in the records at the Ministry of Lands. There are claims that the sub-divided parcels have been ceded to European retirees looking to acquire land for holiday homes in Laikipia, and to White Zimbabweans. There are also claims that the large, palatial, private residences that have sprung up within the sub-divided parcels are in fact tourist destinations for a high-end clientele in a business that operates outside Kenya’s tourism regulatory framework and violates Kenya tax laws.
In the Kenyan context, and compared to other counties, the history of land in Laikipia County is unique, with a diversity of tenure systems each representing a unique system of production.
Whatever the case, the County Government of Laikipia confirms, “Most of the white settlers buying property are soldiers or tourists who loved the [county’s] climate, its people and natural beauty and want to experience it all over again. Big time investors [sic] in real estate flock the area, either to buy or construct multi-million shilling holiday homes, targeting wealthy European settlers and tourists.”
The Laikipia County Government also confirms that the large-scale ranches have also been leasing training grounds to the British Army Training Unit Kenya (BATUK), adding, “In 2009 BATUK expanded these grounds to 11 privately owned ranches, including Sosian, Ol Maisor and the Laikipia Nature Conservancy.”
Multinationals have also moved in, buying up the large-scale farms, particularly those situated near permanent sources of water, where they have set up horticultural businesses growing crops for export to the European market. The arrival of export horticulture in Laikipia has increased competition for resources as “agro-industrial horticulture, pastoralism and small holder agriculture compete for land, capital, and water, with access to water being particularly hotly contested.”
Absentee owners of smallholdings that have over time been occupied by squatters are also selling their land. With the help of brokers and officials from the Ministry of Lands, the smallholdings are consolidated and sold to individuals and companies who may not be aware that the land is occupied and that the sale could be a potential source of conflict.
Only the group ranches — which are occupied by pastoralists who use traditional grazing management techniques — have not changed hands and remain intact. They are, however, facing pressure from a growing population, intensive grazing and increasingly frequent droughts that are putting a strain on the natural resources.
On the other hand, most of the land gazetted as government land has been grabbed by senior government officials, politicians and military personnel. Of the 36 government outspans, only four remain. Outspans neighbouring large-scale ranches have been grabbed by the ranch managers and such grabbed land has since changed hands and been acquired by individuals.
Where farmers were settled in forests during the era of former President Daniel arap Moi, forest cover was plundered for timber and the forest floor given over to cultivation. When President Mwai Kibaki succeeded Moi, these farmers were constantly under threat of eviction but they continue to occupy the forests to date. There are, however, intact forest reserves where on-going human activity has not had a negative impact. They are used and managed by pastoralists as grazing lands, or managed by conservation groups, or by the government.
Impact of change of ownership on other livelihood groups
Land deals are coming to compound an already existing multiplicity of problems related to the access, use and management of scarce resources in Laikipia County. Compared to neighbouring counties, in the past Laikipia received moderate rainfall and severe droughts like those experienced in 2009, in 2017 and now in 2021 were the exception. This attracted pastoralists from Baringo, Samburu and Isiolo counties to settle in the county in search of water and pasture for their livestock.
Over time, land pressure in central Kenya also forced subsistence farmers to move and settle in Laikipia, practicing rain-fed agriculture and keeping small herds of sheep, goats and cattle. This has led to competition for space and resources that has been compounded by frequent and increasingly severe droughts in recent years.
“The Maasai, she said, had willingly ceded rights to Laikipia, had been compensated long ago and now resided happily in some other part of Kenya, far away.”
The consolidation of smallholdings belonging to absentee owners — where land that had previously been sub-divided into units of between two and five acres is now being merged to form bigger units of 500 acres and above, sold off and fenced — is further reducing the land available to pastoralists and to squatters who have been using such idle land to graze livestock and grow crops, leaving them with limited options and leading to an increase in levels of vulnerability as they have to rely on relief food in order to survive.
The smallholder land consolidation process, which is being undertaken by former ranch managers who are brokering for individual buyers, is also blamed for the over-exploitation of natural resources in some areas and their conservation in others. In those areas occupied by farming communities, forest cover has been exploited either for charcoal burning, firewood or timber production as people look for alternative sources of livelihood. In the smallholdings where pastoralists have title, overgrazing of the rangelands due to constrained mobility does not allow the range to regenerate. This in turn has led to the degradation of the land and the emergence of unpalatable invasive species of plants like prosopis that render grazing areas unusable, further compounding the problem of access to pasture in the few areas left for pastoralists to graze.
In the group ranches, the most degraded rangelands are overrun with opuntia stricta, an invasive species of cactus whose fruit is harmful to livestock and has caused “economic losses in excess of US$500 in 48% of households in Laikipia”.
On the other hand, in the large-scale ranches, large farms, consolidated smallholder farms and group ranches where conservation and resource use fall under the intensive management of a few individuals, the availability of resources is assured even during times of stress. However, the availability of resources for one group of users and the lack of resources for another often leads to conflict as those without poach from those who have them. One example is when pastoralists graze illegally in the large-scale ranches whenever there is scarcity in their own areas, leading to arrests and sometimes confiscation of livestock from the pastoralists by government agencies in an attempt to protect the large-scale ranches.
Historical injustices and government failures
Article 60 of the Constitution of Kenya 2010 guarantees equitable access to land and security of land rights. Further, Article 68(c)(1) states, “Parliament shall enact legislation to prescribe minimum and maximum land holding acreages in respect of private land.” Parliament has failed to pass such legislation and, indeed, the government has shied away from addressing historical land injustices in Kenya in general and in Laikipia – where they are most visible – in particular. Policy makers rarely discuss justice in the context of land reform and what has taken place are land law reforms in lieu of the essential land reforms that would confront the material consequences of unequal access to land. As Ambreena Manji observes in her paper Whose Land is it Anyway?,
The consequences of a legalistic approach to land reform are starkly evident in Kenya’s new land laws. First and foremost, it foreclosed debates about redistribution, prioritising land law reform as the most effective way to address land problems and so evading more difficult questions about who controls access to land how a more just distribution might be achieved.
The recent violence that visited death and destruction on parts of Laikipia is a continuation and an escalation of a crisis that first came to a head in May 2000 when pastoralists drove their livestock into Loldaiga farm. Then the Moi government intervened and allowed the pastoralists into the Mt Kenya and Aberdare forests while big ranchers supported the government by allowing some animals onto their ranches.
In 2004, pastoralists again occupied commercial ranches while agitating for the non-renewal of land leases which they believed had expired. This time the Kibaki government used force to dislodge them. However, the question of land leases remains unresolved to date. Outbreaks of violence have become more frequent since 2009, caused by a combination of factors including the effects of climate change and increasingly frequent droughts that force pastoralists from neighbouring Baringo, Isiolo and Samburu into Laikipia in search of water and pasture. This inevitably leads to conflicts with ranchers onto whose land they drive their animals.
Population pressure, from both humans and livestock, is another cause of conflict in Laikipia. The carrying capacity of group ranches is stretched to the limit while it is plenty on neighbouring commercial ranches. Moreover, population migration to Laikipia from neighbouring counties is placing additional pressure on resources.
The sub-divisions are made through private arrangements and do not appear in the records at the Ministry of Lands.
The proliferation of small arms in the county has added to the insecurity; pastoralists from neighbouring counties invade and occupy commercial ranches, conservancies, smallholdings and forests armed with sophisticated weapons. Laikipia pastoralists have also acquired weapons both to defend themselves and their animals and to invade other land.
Politicians have since 2009 also been encouraging pastoralists from neighbouring counties to move to Laikipia on promises of protection in exchange for votes. There are also claims that politicians have been helping the pastoralists to acquire arms and that most of the livestock being grazed in private ranches and farms belongs to senior government officials and politicians who have exerted pressure on the government not to act on the pastoralists.
In the twilight of another Kenyatta government, relations between the commercial farmers and ranchers, the pastoralists and the smallholders remain poor and there is a lot of suspicion among them, with each group acting as an isolated entity. But for how long can the big commercial ranches and large-scale farms continue to thrive in the midst of poor farmers and dispossessed pastoralists?
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