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The Never-Ending Curfews and State-Sanctioned Violence in Northern Kenya

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No place in Kenya has been more affected by brutal curfews, lockdowns, and policing of bodies than northern Kenya. While state-sanctioned violence has been a central feature of life in northern Kenya for over a century, egregious human rights violations have not found closure, even after the release of the TJRC’s report and recommendations.

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The Never-Ending Curfews and State-Sanctioned Violence in Northern Kenya
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States have responded to the outbreak of COVID-19 with a raft of measures depending on their capacities and the opinions of their functionaries. Some countries have also imitated or “adopted” the containment measures rolled out by their counterparts elsewhere.

By and large, the common denominator of these responses has been curtailment of freedom of movement through lockdowns and curfews. Curfews are normally put in place to limit freedom of movement for security reasons. However, in the context of a public health emergency like the COVID-19 pandemic, they are designed to contain the movement of persons and that of pathogens among them.

In the wake of the global COVID-19 pandemic, Kenya has put in place dawn-to-dusk curfews to contain the spread of the virus. (A recent executive directive has changed the hours to from 9 p.m. to 4 a.m.) Unfortunately, the positive intentions of the curfew notwithstanding, there have been widely reported cases of police brutality in its “enforcement”.

While on the surface the idea of curfews sounds benign and even necessary, the attendant state violence that has been witnessed in different parts of the country is always met with public resentment. For the people of Northern Kenya, in particular, it stirs up painful historical and recent memories of military and police abuses in the region.

It is worth noting that the foundation of Kenya was inextricably linked to epidemics and later some form of curfews (kafio in local parlance). Historically, colonialism imposed itself in the region in the aftermath of the rinderpest epidemics between the 1890 and 1891 that devastated livestock (the mainstay of pastoralism) and wildlife across much of Africa.

With the advent of colonialism, the region that came to be identified as the Northern Frontier District (NFD) constituted around half of Kenya’s land mass. This mainly arid area populated by nomadic pastoralists was treated as a buffer to the more “productive” highlands of central Kenya, and was consequently excluded from any form of “development”. The arrival of independence did little to peel back this colonial exclusionary practice; instead, it perfected the marginalisation of the region.

Colonialism as violence

In the pastoralists’ world, mobility is fundamental to economic, political, and ritual reality.  Life, and indeed survival, are predicated on movement across the vast landscape, either in search of pasture and water for livestock or simply to perform rituals in a sacred place at appointed times of the year. This movement is not haphazard as some might assume, but is underpinned by a sophisticated understanding and use of space. Movement is a strategic way to maximize the use of the available resources and to conserve the environment at the same time. Imposing other models that curtail movement in the way the modern states do is therefore profoundly disruptive to pastoralism.

With the advent of colonialism, the region that came to be identified as the Northern Frontier District (NFD) constituted around half of Kenya’s land mass. This mainly arid area populated by nomadic pastoralists was treated as a buffer to the more “productive” highlands of central Kenya, and was consequently excluded from any form of “development”.

The establishment of the colonial arrangement of fixed national territories and internally demarcated “Tribal Grazing Areas” fundamentally restricted the mobility of herders and pastoralist communities. When not in conservation rhetoric, this restriction of movement was often framed as a security issue where communities were to be “protected” from raids by other groups. communities from raids by other groups This framework greatly destabilised the pastoralists’ spatial organisation of lives and livelihoods, forcing them to make do with whatever resources that were included in “their” territories.

Closure, lockdown and law

This territorialisation of ethnic groups was affected through a set of draconian laws aimed at keeping people “in place”.  Between 1902 and 1949, pieces of legislation were crafted to undergird partitioning of space and ultimately punish the “offenders”. The Outlying District Ordinance of 1926 and the Special Districts (Administration) Ordinance of 1934 are illustrative of this legal regime.

The Outlying District Ordinance declared the whole of the NFD a “Closed District” and prohibited persons from entering or leaving it without the permission of the Provincial Commissioner (PC). Consequently, movement was strictly controlled and depended on the issuance of a limited number of biannual passes.

In 1934, the PC was given exclusive powers under the Special Districts (Administration) Ordinance to grant permission to residents to graze their livestock only in particular areas – a move that tied previously mobile nomadic pastoralists to specifically designated geographical spaces. By pegging communities to particular “grazing areas” and consolidating their identity along grazing lines, “tribalism” was thus greatly promoted during this period.

Furthermore, there was a general apartheid-style division of space not only through Tribal Grazing Areas to distinguish who got to use which pasture areas and wells, but also who got to live where. There was an established separation of black and white areas: the townships were for white colonial administrators and a few Arab and Indian traders, and the reserves (risaaf in local parlance) were for the various indigenous ethnic groups. Those who showed “tribal indiscipline” and who trespassed into “closed areas” or stayed in the township past certain designated hours were slapped with heavy fines.

In 1934, the PC was given exclusive powers under the Special Districts (Administration) Ordinance to grant permission to residents to graze their livestock only in particular areas – a move that tied previously mobile nomadic pastoralists to specifically designated geographical spaces.

The north was also closed off from formal education, with only a handful of government primary schools and no secondary schools in most of the districts. It took the Catholic Church (which came in in the second half of the twentieth century) to transform the health and education sectors by building dispensaries, hospitals, and schools in the region. Prior to that, the Catholic Church had been refused entry to carry out any proselytisation or development work in the region.

War metaphors

War metaphors have recently been invoked in the context of the global COVID-19 pandemic.  The fight against the virus itself has been framed as a war. More importantly, past wars have also been invoked to try to make sense of the restrictions around movement and to contemplate the envisaged scale of devastation.  The argument is often framed around World War II. The German Chancellor, Angela Merkel’s much praised speech in the early days of the pandemic is an example of this war rhetoric .

Kenya’s former Prime Minister, Raila Odinga, also recently invoked war  when he observed, “Today, the whole world stands where Europe was in 1945.” He subsequently went on to urge the United States and Europe “not to abandon their roles” to help other parts of the world just like the United States “saved” Europe in the aftermath of WWII.

It might be worth considering the lingering effects of such global events and many more “small” wars on hitherto small and obscure parts of the globe like the NFD. No place in Kenya has arguably faced the consequences of war more than the northern region. While World War II did not directly affect many parts of Kenya, Kenya was fertile ground for the recruitment of soldiers (askaris) by the British.

What is often forgotten is that the NFD was the scene of military combat. Marsabit was, in fact, a frontier in the Italo- Abyssinian war and World War II. The administrative station in the township, about 300 miles from the Kenya-Ethiopia border, was used by the Royal Air Force (RAF) as one of the main bases for launching attacks on the frontier.

As the situation grew volatile, the colonial administrators were evacuated from the town to central Kenya and the few traders in the township, mainly Somalis belonging to the Isaak and Herti clans, also fled to other parts.  The local “native population” was subsequently evacuated from the town to a plain known as Diid Wachu as a measure against aerial raids. The local airstrip was subsequently bombed by the Italian forces but fortunately there were no casualties.  All this is recounted within living memory of older residents of the region as “gaaf taliana” – the time of the Italians.

Post-WWII exclusion 

The State of Emergency in the early 1950s in response to the Mau Mau insurgency in central Kenya exacerbated the movement restrictions already in place in northern Kenya. Within a few days of the declaration of the State of Emergency, the first political detainees – Jesse Kariuki and Ex-senior Chief Mbiu Koinange – arrived in Marsabit.  By 1952, three of the “Kapenguria Six” – Richard Achieng Oneko, Fredrik Kubai and Bildad Kagia – were detained in Marsabit and attended the court sessions in Kapenguria. According to colonial reports at the Kenya National Archives, by the end of 1952, there were a total of ten political detainees in Marsabit.

That the political detainees were shuttled off to the north during the emergency was underpinned by this warped and prejudiced colonial view that the north is a punishing place.

The words of one former colonial administrator, Charles Chevenix Trench, best characterise this view:

“The north was another world. Most of the country is scrub-desert, every tree and bush bristling with hooked ‘wait-a-bit’ thorns, which tears at flesh and clothes. One can seldom see more than three hundred yards, often much less. There was no permanent water except for the Uaso Nyiro, Tana and Juba rivers, the Lorian swamp, and a few clusters of deep wells. It was a country in which small forces were ambushed and cut up, large forces suffered cruelly from hunger and thirst, and both lost their way.” (1993:48)

Exiling the detainees to northern Kenya essentially meant consigning them to an “open prison”, in the colonial mental cartography.

The politics of independence  

In the background of negotiations for Kenya’s independence there was the lingering question of the fate of the Northern Frontier District (NFD): Should the region be part of Kenya or Somalia? This question generated a fierce debate. Kenya wanted the NFD to be part of Kenya, and Somalia wanted the region to form part of Greater Somalia that would include the Ethiopian Ogaden, British Somaliland, the former Italian Somaliland, and Djibouti. This was given a further impetus in 1960 when British Somaliland and Italian Somalia joined to form the independent Republic of Somalia.

To resolve the issue, in typical British fashion, the Colonial Secretary, Regiland Maulding, formed the Regional Boundaries Commission in 1962. The same year, the committee recommended that the predominantly Somali-inhabited areas should remain as part of Kenya as the North Eastern Province. This was despite the fact that a referendum had shown that most of the inhabitants were in favour of joining Somalia. To solicit for their opinion in a plebiscite and not honouring the community’s response was a recipe for fomenting resentment.

Subsequently, the region boycotted the 1963 elections to select the government that would take over from the British after independence on 12 December.  With the backing of the regime in Mogadishu, the region started an armed insurgency to secede from Kenya. The newly independent Kenyan government responded by declaring a State of Emergency in northern Kenya on 28 December 1963, only two weeks after independence.  This would later precipitate the Shifta War between 1963 and 1968.

The so-called Shifta War

The trigger for the declaration of the State of Emergency was the assassination of the first African District Commissioner, Mr. Daudi Dabasso Wabera, and the Senior Chief, Haji Galma Dido. As part of the State of Emergency, the government issued a series of regulations and administrative edicts: all the residents of the NFD were required to register and carry identity papers. Curfew orders, movement restrictions, and livestock seizures (as a form of collective punishment) were imposed to curtail Shifta activity.

Further, the security forces could arrest and detain any person without a warrant for 28 days.  This further cemented securitisation of the relationship between the people of the region and the Kenyan state and automatically transferred the burden of proof of whether the people of Northern Kenya were Shiftas.

To inflict further misery on the people, in 1966 the government introduced a forced villagisation programme for residents of NFD. Villagisation was predicated on the classic counterinsurgency principle that the centre of gravity in an insurgency rests with the population, and once the insurgents are starved of the population’s support, food and logistics, they will eventually be uprooted.

This meant a scorched-earth policy of collective punishment of the population that included torture, extrajudicial executions, especially of men, and destruction of the livestock economy. (Some draw a direct link between the region’s current poverty and the destruction of the livestock economy by the security agencies during this period.)

Regarding villagisation in the NFD during the Shifta period, G.G Kariuki, the then Minister for Internal Security, told Parliament, “We do not want to be told that there are loyal Somalis, let loyal Somalis come out and show us their loyalty. Let them be put in a camp where we can scrutinise them and know who [amongst them] are good.” 

To inflict further misery on the people, in 1966 the government introduced a forced villagisation programme for residents of NFD. Villagisation was predicated on the classic counterinsurgency principle that the centre of gravity in an insurgency rests with the population, and once the insurgents are starved of the population’s support, food and logistics, they will eventually be uprooted.

Central to villagisation (in addition to the cessation of free movement of people and livestock) was an attempt to turn the people of northern Kenya away from pastoralism towards settled agriculture. At the heart of this mindset is the false dichotomy that pastoralism is bad and settler agriculture is good. This was affirmed by the first post-independence development policy, Sessional Paper Number 10 of 1965, on African Socialism and its Application to Planning in Kenya.

While the 1952 State of Emergency declared by Governor Everlyn Baring and the Mau Mau rebellion tend to get plenty of attention within Kenya’s historiography, the same cannot be said of the Shifta War, despite the uncanny resemblance and parallels of the colonial British policies and modus operandi and the way the Kenyan government dealt with the Shifta insurgency.

Parallels between Mau Mau and Shifta

The post-independence administrators, many whom had served in the British colonial administration, saw a parallel between the Mau Mau and the Shifta. For them, the only way to deal with an insurgency was to use the colonial playbook on the Mau Mau. The Kenya Truth, Justice and Reconciliation Commission (TJRC) stated, “This villagisation programme was eerily reminiscent of the detention camps created during the colonial period.”

The government not only committed the crime but went further and attempted to conceal it. According to the TJRC, “The Kenyan government made a deliberate and concerted effort to cover up abuses committed in connection with the conflict, and enacted the Indemnity Act in order to protect government officials for accountability for wrongful acts committed in the conflict.”

In the local history, this period is collectively memorialised as Gaaf D’aaba – When Time Stopped i.e. when the normal rhythm of nomadic movement was stopped, and people and animals were detained in conditions similar to concentration camps. (The State of Emergency in NFD was only lifted in 1991, 23 years later.)

To demonstrate the premeditated nature of this crime, individuals involved in this operation were immune from prosecution by the passage of the Indemnity Act Cap. 44. This Act gave provincial administrators and security officers immunity from prosecution for anything they did in northern Kenya.

In the local history, this period is collectively memorialised as Gaaf D’aaba – When Time Stopped i.e. when the normal rhythm of nomadic movement was stopped, and people and animals were detained in conditions similar to concentration camps.

This was not the last time the people of northern Kenya had to contend with the state’s brutality anchored in curfew.  Indeed, the hegemonic legal and documentary practices that were used for the control of movement have been salient in much of northern Kenya’s experience under both the colonial and independent administration. The handing over of advisories from one colonial administrator to another had it that: “The great thing about the N.F.D. is that almost everything is illegal, unless it is specifically authorised in writing.”

It might as well have been a piece of advice the Kenyan post-independent state got from its colonial counterpart as the passbook introduced during the colonial period (abandoned in other parts at independence) continued to be a requirement in the NFD as late as the 1980s, more than two decades after independence.

More assault

For four days in February 1984, Wajir County, then a district, was turned into a war zone when members of the Kenya Army burst into homes, raping women, destroying property, and seizing the men. Men from the Degodia clan, and anyone caught up in the search, were ferried to the Wagalla airstrip. Once they arrived at the airstrip, they were undressed and forced to lie on the scorching ground. Those who resisted were shot on the spot. They were kept there without food or water, baking in the hot sun.

To emphasise the gravity of the crime, the TJRC stated that the detention, torture and killing of male members of the Degodia clan at the airstrip, and the rapes, killing of livestock and burning of homes in the villages “was a systematic attack against a civilian population and thus qualifies as a crime against humanity”. Like other previous operations, the Kenya Army also targeted the economic backbone of the community, namely, pastoralism. The Kenya Army killed livestock indiscriminately.

To date, there is no accurate official number of people killed during what is now known as the Wagalla Massacre. The government’s claim of only 57 deaths is preposterous considering that hardly any household was spared during that “operation” by the Kenya Army. In fact, the government frustrated the TJRC by denying them access to the official record of the operation. The TJRC, in its 2013 report, refuted the official figure by stating: “The official death toll for the Wagalla operation has been given as 57. While it is clear that the death toll was greater…the government has never officially revised the figure of 57.” The TJRC concluded that the scale of the massacre ranged from between 1,000 and 5,000 deaths, depending on the source.

To date, there is no accurate official number of people killed during what is now known as the Wagalla Massacre. The government’s claim of only 57 deaths is preposterous considering that hardly any household was spared during that “operation” by the Kenya Army.

The Kenyan state was so keen so suppress any information about the massacre that it declared Dr Annalena Tonelli, an Italian health activist who worked in Wajir, and who had documented the massacre, persona non grata. Were it not for the brave efforts of this woman who compiled a report and handed it over to an American diplomat, Barbara Lefkow, few would have known about the scale of the atrocities committed by the state at the Wagalla airstrip.

The “War on Terror”

When confronted with a policy challenge, especially in northern Kenya, the default setting of the Kenyan state is to use the security agencies with an express permission to cause maximum damage. This approach is ingrained in the national DNA. It is not a bug, but rather a feature of the Kenyan state.

Little wonder then, when Kenya invaded Somalia in 2011, there was a predictable blowback by Al Shabaab inside Kenya. Kenyan security agencies responded to this threat by resorting to the tried-and-tested rule book of imposing curfews and carrying out extrajudicial executions and disappearances of Al Shabaab suspects. This despite the Prevention of Terrorism Act and many other legislations that could have been used to counter terrorism.

On 2 April 2014, following a spate of attacks by Al Shabaab, including the dramatic attack on the Westgate mall in Nairobi in September 2013, Kenya launched Operation Usalama Watch. The logic of the operation was to smoke out homegrown Al Shabaab and their sympathisers living in the Nairobi neighbourhood of Eastleigh and its surrounding areas, which is dominated by ethnic Somalis.

During the operation, more than 4,000 people, a large proportion of whom were Somali refugees, were arrested and detained at the Kasarani Stadium with utter disregard for the rule of law. While indisputably facing security threats emanating from Somalia, especially from Al Shabaab, the rounding up all ethnic Somalis, including children, was flagrant racial profiling akin to collective punishment of the entire community for the crimes of a few.

There is a direct line linking the classifications of Somalis as Shiftas and now terrorists. Like previous massacres and egregious violations, predictably, no one was held accountable for this, despite the eerie similarity to what the British colonial administrators did to suspected Mau Mau fighters.

Historical memory 

Among other sentiments, curfews related to COVID-19 have elicited historical memories of state-sanctioned violence and curfews in the country. Curfews in Nairobi and Nanyuki following the 1982 attempted coup come to mind.

However, no place in the country has been more affected by state-sanctioned brutal curfews, lockdowns, and policing of bodies than northern Kenya. In fact, there are generations of northern Kenyans who have known nothing else. As an old man from Isiolo quipped in a narration to one of the authors, “Ya naaf nuu taat”. They (curfews and police brutality) have become (part of) our bodies – a statement that is emblematic of the palpable resignation that many northerners feel regarding restrictions of movement forced upon them by an all-too powerful and hostile state.

While closure, containment and curfews – and the attendant state violence – have been a central feature of life in northern Kenya for over a century, these egregious violations have not found closure, even after the release of the TJRC report and recommendations on ways to rectify historical injustices.

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Hassan Kochore, a student of African history, anthropology and politics, is currently pursuing a PhD at Max Planck Institute for Social Anthropology in Germany. Abdullahi Halakhe is a Horn of Africa analyst.

Politics

Beyond Political Freedom to Inclusive Wealth Creation and Self-Reliance

Malawi can alleviate poverty and become a model for development and democracy by investing in and improving the quality of human capital, the quality of infrastructure, and the quality of institutions.

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Beyond Political Freedom to Inclusive Wealth Creation and Self-Reliance
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The Tonse Alliance that made history in June by winning the rerun of the presidential election, the first time this has happened in Africa. It represented a triumph of Malawian democracy, undergirded, on the one hand, by the independence of the judiciary, and on the other, by the unrelenting political resilience and struggles of the Malawian people for democratic governance. In short, we can all be proud of Malawi’s enviable record of political freedom. However, our democratic assets are yet to overcome huge developmental deficits. Our record of economic development and poverty eradication remains dismal, uneven, and erratic.

Malawi’s persistent underdevelopment does not, of course, emanate from lack of planning. In 1962, Dunduzu Chisiza convened “what was perhaps the first international symposium on African Economic Development to be held on the continent”. It brought renowned economists from around the world and Africa. In attendance was a young journalist, Thandika Mkandawire, who was inspired to study economics, and rose to become one of the world’s greatest development economists. I make reference to Chisiza and Mkandawire to underscore a simple point: Malawi has produced renowned and influential development thinkers and policy analysts, whose works need to be better known in this country. If we are to own our development, instead of importing ready-made and ill-suited models from the vast development industry that has not brought us much in terms of inclusive and sustainable development, we have to own the generation of development ideas and implementation.

I begin, first, by giving some background on the county’s development trajectory; and second, by identifying the three key engines of development – the quality of human capital, the quality of infrastructure, and the quality of institutions – without which development is virtually impossible.

Malawi’s development trajectory and challenges

Malawi’s patterns of economic growth since independence have been low and volatile, which has translated into uneven development and persistent poverty. A 2018 World Bank report identifies five periods. First, 1964-1979, during which the country registered its fastest growth at 8.79%. Second, 1980-1994, the era of draconian structural adjustment programmes when growth fell to 0.90%. Third, 1995-2002 when growth rose slightly to 2.85%. Fourth, 2003-2010, when growth bounced to 6.25%. Finally, 2011-2015, when growth declined to 3.82%. Another World Bank report, published in July 2020, notes that the economy grew at 3.2% in 2017, 3.0% in 2018, an estimated 4.4% in 2019, and will likely grow at 2.0% in 2020 and 3.5% in 2021.

Clearly, Malawi has not managed to sustain consistently high growth rates above the rates of population growth. Consequently, growth in per capita income has remained sluggish and poverty reduction has been painfully slow. In fact, while up to 1979 per capita GDP grew at an impressive 3.7%, outperforming sub-Saharan Africa, it shrunk below the regional average after 1980. It rose by a measly 1.5% between 1995 and 2015, well below the 2.7% for non-resource-rich African economies. Currently, Malawi is the sixth poorest country in the world.

While the rates of extreme poverty declined from 24.5% in 2010/11 to 20.1% in 2016/17, moderate poverty rates increased from 50.7% to 51.5% during the same period. Predictably, poverty has a gender and spatial dimension. Women and female-headed households tend to be poorer than men and male-headed households. Most of the poor live in the rural areas because they tend to have lower levels of access to education and assets, and high dependency ratios compared to urban dwellers, who constitute only 15% of the population. Rural poverty is exacerbated by excessive reliance on rain-fed agriculture and vulnerability to climate change because of poor resilience and planning. In the urban areas, poverty is concentrated in the informal sector that employs the majority of urban dwellers and suffers from low productivity and incomes, and poor access to capital and skills.

While the rates of extreme poverty declined from 24.5% in 2010/11 to 20.1% in 2016/17, moderate poverty rates increased from 50.7% to 51.5% during the same period. Predictably, poverty has a gender and spatial dimension.

The causes and characteristics of Malawi’s underdevelopment are well-known. The performance of the key sectors – agriculture, industry, and services – is not optimal. While agriculture accounts for two-thirds of employment and three-quarters of exports, it provides only 30% of GDP, a clear sign of low levels of productivity in the sector. Apparently, only 1.7% of total expenditure on agriculture and food goes to extension, and one extension agent in Malawi covers between 1,800 and 2,500 farmers, compared to 950 in Kenya and 480 in Ethiopia. As for irrigation, the amount of irrigated land stands at less than 4%.

Therefore, raising agricultural productivity is imperative. This includes greater crop diversification away from the supremacy of maize, improving rural markets and transport infrastructure, provision of agricultural credit, use of inputs and better farming techniques, and expansion of irrigation and extension services. Commercialisation of agriculture, land reform to strengthen land tenure security, and strengthening the sector’s climate resilience are also critical.

In terms of industry, the pace of job creation has been slow, from 4% of the labour force in 1998 to 7% in 2013. In the meantime, the share of manufacturing’s contribution to the country’s GDP has remained relatively small and stagnant, at 10%. The sector is locked in the logic of import substitution, which African countries embarked on after independence and is geared for the domestic market.

Export production needs to be vigorously fostered as well. It is reported that manufacturing firms operate on average at just 68 per cent capacity utilisation. This suggests that, with the right policy framework, Malawi’s private sector could produce as much as a third more than current levels without needing to undertake new investment.

After independence, Malawi, like many other countries, created policies and parastatals, and sought to nurture a domestic capitalist class and attract foreign capital in pursuit of industrialisation. The structural adjustment programmes during Africa’s “lost decades” of the 1980s and 1990s aborted the industrialisation drive of the 1960s and 1970s, and led to de-industrialisation in many countries, including Malawi. The revival and growth of industrialisation require raising the country’s competitiveness and improving access to finance, the state of the infrastructure, the quality of human capital, and levels of macroeconomic stability.

Over the last two decades, Malawi has improved its global competitiveness indicators, but it needs to and can do more. According to the World Bank’s Ease of Doing Business, which covers 12 areas of business regulation, Malawi improved its ranking from 132 out of 183 countries in 2010 to 109 out of 190 countries in 2020; in 2020 Malawi ranked 12th in Africa. In the World Economic Forum’s Global Competitiveness Index, a four-pronged framework that looks at the enabling environment – markets, human capital, and the innovation ecosystem – Malawi ranked 119 out of 132 countries in 2009 and 128 out of 141 countries in 2019.

Access to finance poses significant challenges to the private sector, especially among small and medium enterprises that are often the backbone of any economy. The banking sector is relatively small, and borrowing is constrained by high interest rates, stringent collateral requirements, and complex application procedures. In addition, levels of financial inclusion and literacy could be greatly improved. The introduction of the financial cash transfer programme and mobile money have done much to advance both.

Corruption is another financial bottleneck, a huge and horrendous tax against development. The accumulation of corruption scandals – Cashgate in 2013, Maizegate in 2018, Cementgate and other egregious corruption scandals in 2020 – is staggering in its mendacity and robbery of the county’s development and future by corrupt officials that needs to be uncompromisingly uprooted.

Malawi’s infrastructure deficits are daunting. Access to clean water and energy remains low, at 10%, and frequent electricity outages are costly for manufacturing firms that report losing 5.1% in annual sales; 40.9% of the firms have been forced to have generators as backup. The country’s generating capacity needs massive expansion to close the growing gap between demand and supply. Equally critical is investment in transport and its resilience to contain the high costs of domestic and international trade that undermine private sector development and poverty reduction.

Digital technologies and services are indispensable for 21st century economies, an area in which Malawi lags awfully behind. According to the ICT Development Index by the International Telecommunications Union, in 2017 Malawi ranked 167 out of 176 countries. There are significant opportunities to overcome the infrastructure deficits in terms of strengthening the country’s transport systems through regional integration, developing renewable energy sources, and improving the regulatory environment. Developing a digitally-enabled economy requires enhancing digital infrastructure, connectivity, affordability, availability, literacy, and innovation.

Malawi’s infrastructure deficits are daunting. Access to clean water and energy remains low, at 10%, and frequent electricity outages are costly for manufacturing firms that report losing 5.1% in annual sales.

The services sector has grown rapidly, accounting for 29% of the labor force in 2013 up from 12% in 1998. It is dominated by the informal sector which is characterized by low productivity, labor underutilization, and dismal incomes. The challenge is how to improve these conditions and facilitate transition from informality to formality.

Enablers and drivers of development

The challenges of promoting Malawi’s socio-economic growth and development are not new. In fact, they are so familiar that they induce fatalism among some people as if the country is doomed to eternal poverty. Therefore, it is necessary to go back to basics, to ask basic questions and become uncomfortable with the county’s problems, with low expectations about our fate and future.

From the vast literature on development, to which Thandika made a seminal contribution, there are many dynamics and dimensions of development. Three are particularly critical, namely, the quality of human capital, the quality of infrastructure, and the quality of institutions. In turn, these enablers require the drivers embodied in the nature of leadership, the national social contract, and mobilisation and cohesiveness of various capitals.

The quality of human capital encompasses the levels of health and education. Since 2000, Malawi has made notable strides in improving healthcare and education, which has translated into rising life expectancy and literacy rates. For the health sector, it is essential to enhance the coverage, access and quality of health services, especially in terms of reproductive, maternal, neonatal, and early child development, and public health services, as well as food security and nutrition services.

The introduction of free primary education in 1994 was a game changer. Enrollment ratios for primary school rose dramatically, reaching 146% in 2013 and 142% in 2018, and for secondary school from 44% in 2013 to 40% in 2018. The literacy rate reached 62%. But serious challenges remain. Only 19% of students’ progress to Standard Eight without repeating and dropout rates are still high; only 76% of primary school teachers and 57% of secondary school teachers are professionally trained. Despite increased government expenditure, resources and access to education remain inadequate.

Consequently, in 2018 Malawi’s adult literacy was still lower than the averages for sub-Saharan countries (65%) and the least developed countries (63%). This means the skill base in the country is low and needs to be raised significantly through increased, smart and strategic investments in all levels of education. Certainly, special intervention is needed for universities if the country, with its tertiary education enrollment ratio of less than 1%, the lowest in the world, is to catch up with the enrollment ratios for sub-SaharanAfrica and the world as a whole that in 2018 averaged 9% and 38%, respectively.

Human capital development is essential for turning Malawi’s youth bulge into a demographic dividend rather than a demographic disaster. Policies and programmes to skill the youth and make them more productive are vital to harnessing the demographic dividend. Critical also is accelerating the country’s demographic transition by reducing the total fertility rate.

As for infrastructure, while the government is primarily responsible for building and maintaining it, the private sector has an important role to play, and public-private-partnerships are increasingly critical in many countries. It is necessary to prioritise and avoid wish lists that seek to cater to every ministry or constituency; to concentrate on a few areas that have multiplier effects on various sectors; and ensure the priorities are well-understood and measurable at the end of the government’s five-year term. Often, the development budget doesn’t cover real investment in physical infrastructure and is raided to cover over-expenditure in the recurrent budget.

The quality of institutions entails the state of institutional arrangements, which UNDP defines as “the policies, systems, and processes that organizations use to legislate, plan and manage their activities efficiently and to effectively coordinate with others in order to fulfill their mandate”. Thus, institutional arrangements refer to the organisation, cohesion and synergy of formal structures and networks encompassing the state, the private sector, and civil society, as well as informal norms for collective buy-in and implementation of national development strategies. But setting up institutions is not enough; they must function. They must be monitored and evaluated.

Human capital development is essential for turning Malawi’s youth bulge into a demographic dividend rather than a demographic disaster. Policies and programmes to skill the youth and make them more productive are vital to harnessing the demographic dividend.

The three enablers of development require the drivers of strong leadership and good governance. Malawi has not reaped much from its peace and stability because of a political culture characterised by patron-clientelism, corruption, ethnic and regional mobilisation, and crass populism that eschews policy consistency and coherence, and undermines fiscal discipline. Malawi’s once highly regarded civil service became increasingly politicised and demoralised. Public servants and leaders at every level and in every institutional context have to restore and model integrity, enforce rules and procedures, embody professionalism and a high work ethic, and be accountable. Impunity must be severely punished to de-institutionalise corruption, whose staggering scale shows that domestic resources for development are indeed available. To quote the popular saying by Arthur Drucker, “organisational culture eats strategy”.

Also critical is the need to forge social capital, which refers to the development of a shared sense of identity, understanding, norms, values, common purpose, reciprocity, and trust. There is abundant research that shows a positive correlation between the social capital of trust and various aspects of national and institutional development and capabilities to manage crises. Weak or negative social capital has many deleterious consequences. The COVID-19 pandemic has made this devastatingly clear – countries in which the citizenry is polarised and lacks trust in the leadership have paid a heavy price in terms of the rates of infection and deaths.

Impunity must be severely punished to de-institutionalise corruption, whose staggering scale shows that domestic resources for development are indeed available. To quote the popular saying by Arthur Drucker, “organisational culture eats strategy”.

The question of social capital underscores the fact that there are many different types of capital in society and for development. Often in development discourse the focus is on economic capital, including financial and physical resources. Sustainable development requires the preservation of natural capital. Malawi’s development has partly depended on the unsustainable exploitation of environmental resources that has resulted in corrosive soil erosion and deforestation. Development planning must encompass the mobilisation of other forms of capital, principally social and cultural capital. The diaspora is a major source of economic, social and cultural capital. In fact, it is Africa’s largest donor, which remitted an estimated $84.3 billion in 2019.

In conclusion, Malawi’s development trajectory has been marked by progress, volatility, setbacks, and challenges. For a long time, Malawi’s problem has not been a lack of planning, but rather a lack of implementation, focus and abandoning the very basics of required integrity in all day-to-day work. Also, the plans are often dictated by donors and lack local ownership so they gather the proverbial bureaucratic dust.

Let us strive to cultivate the systems, cultures, and mindsets of inclusion and innovation so essential for the construction of developmental and democratic states, as defined by Thandika and many illustrious African thinkers and political leaders.

This article is the author’s keynote address at the official opening of the 1st National Development Conference presided by the State President of Malawi, His Excellency Dr. Lazarus Chakwera, at the Bingu International Convention Centre, Lilongwe, on 27 August, 2020.

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Kenya’s Gulag: The Dehumanisation and Exploitation of Inmates in State Prisons

Kenyan prisons today carry the DNA of their forebears – the colonial prisons and Mau Mau detention camps. They are about brutalising prisoners into submission and scaring the rest of society into compliance with the state. And like their colonial predecessors, they are also sites of forced labour.

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The influx of the Mau Mau transformed the prison population in Kenya from one predominantly made up of recidivist petty criminals and tax defaulters to one composed largely of political prisoners, many of whom had no experience of prison life and who brought with them new forms of organisation.

Prison life was harsh, with its share of brutalities and fatalities. Between 1928 and 1930, about 200 prisoners in Kenya died. According to British historian David Anderson, “Kenya’s prisons were already notably violent before 1952 [when the Mau Mau uprising began], more violent than other British colonies.”

However, the incorporation of prisons and detention camps into the “Pipeline” (the system developed by the colonial state to deal with the Mau Mau insurgents and to try and break them using terror and torture) inevitably led to the institutionalisation of the methods of humiliation and torture.

As Anderson notes, “Most of the staff in both the Prison Service and in the [Mau Mau] detention camps were Africans. Some were even Kikuyu. They certainly ‘learned’ these methods during their periods of early employment.” He goes on to say that “those who ran the service by the 1960s and early 1970s were all men who had been recruited and trained during the Mau Mau period”. He thinks it “very likely that these individuals practiced what they had learned as cadets and trainees in the 1950s…I think the Mau Mau experience certainly hardened Kenya’s prison system and introduced a greater range of punishments and harsher treatment for prisoners as a consequence of the conditions off the Emergency”.

Compare, for example, this account of the treatment of Mau Mau detainees in the 1950s published in Caroline Elkins’ book, Britain’s Gulag: The Brutal End of Empire in Kenya:

Regardless of where they were in the Pipeline (the system of camps established for deradicalizing Mau Mau detainees and prisoners), roll call meant squatting in groups of five with their hands clasped over their heads. The European commandants would then walk through the lines, counting and beating the detainees. “The whole thing was just so ridiculous,” recalled one former detainee from Lodwar. “Whitehouse [the European in charge] would just count us over and over again.”

It bears stark similarities to this account published in the Daily Nation about conditions in Kenyan prisons 65 years later:

Omar Ismael, 64, a former Manyani inmate who served nine years till his exoneration in 2017, says he woke up at 5am, despite his advanced aged. They then squat in groups of five to be counted and checked by guards. “My knees are still hurting to date. I have a joint problem too as a result,” he says. He says they had at least six head counts per day. The first one at 5am, followed by 10am, noon, 4pm, 6pm and 7pm.

Kenyan prisons today carry the DNA of their forebears – the colonial prisons and Mau Mau detention camps. They are about brutalising prisoners into submission and, along with the police and military, scaring the rest of society into compliance with the state. They are places of dehumanisation, abandonment and retribution. And like their colonial parents, they prefer to employ the least educated. (At present, out of a staff complement of 22,000, the Kenya Prison Service only has about 700 graduate officers.) As of 2015, according to the World Prison Population List prepared by the Institute for Criminal Policy Research, Kenya has incarcerated more of its citizens per 100,000 population than any other country in Eastern Africa with the exception of Rwanda and Ethiopia.

Notably, about 50 per cent of Kenya’s 54,000 prisoners are pre-trial detainees or those held in remand as they await trial – people legally considered innocent. By comparison, the median proportion of pre-trial prisoners in Africa is 40 per cent and nearly 30 per cent globally. In Eastern Africa, only Uganda and Ethiopia have a higher proportion of pre-trial detainees than Kenya. As in colonial times, pre-trial detention is driven by two factors – the need to extract resources from the populace and the subjugation of the native through criminalisation of ordinary life.

In 1933, submissions to the Bushe Commission provided some flavour of how the threat of arrest and imprisonment was ever-present among the natives.

Relates one Ishmael Ithongo:

Once I was arrested by a District Officer on account of my hat because I did not see him approaching. He came from behind and threw it down. I asked him why because I did not know him. He called an askari and asked for my name. It was in a district outside. He asked me, “Don’t you know the law here that you should take off your hat when you see a white man?” Then he asked me, “Have you got your kipandi?’ I said “No, Sir.” So I was sent to prison… When an askari thinks that you look smart he asks if you have your kipandi. I have seen natives who are going to church in the morning who have changed their coat and forgotten their kipandi. They meet an askari. “Have you got your kipandi?” “No.” “Ah right” and they are marched off to prison.

This will sound familiar to many Kenyans today whose encounters with the police often begin with demands for the production of the kipande (ID card) and end with a stint in overcrowded police cells. However, there are some differences. An audit of pre-trial detention by the National Council on the Administration of Justice found that police generally arrested and charged people for petty offences, with close to half of those arrests occurring over weekends. Most releases from police custody also happened over the weekend with no reason recorded for two-thirds of those releases. Further, only 30 percent of all arrests actually elicited a charge, the vast majority for petty offences. This implies that most police detentions today are something of a catch-and-release programme designed to create opportunities to extract bribes rather than labour.

However, for those who get incarcerated, matters are somewhat different. The exploitation of prisoners’ labour continues. Like the Mau Mau detainees, they are required to work for a token amount determined by the government, which, unlike its colonial ancestor, does not even pretend that the 30 Kenyan cents per day is meant as a wage, with the Attorney-General declaring in court that “prison labour is an integral component of the sentence”. The courts have held that it is entirely compatible with the protection of fundamental rights for the Prison Service to do this as well as to deny convicts basic supplies such as soap, toothpaste, toothbrushes, and toilet paper. Apparently, the conditions the convicts are experiencing cannot be called forced labour and servitude because, the strange reasoning goes, “the Constitution and the Prisons Act do not permit forced labour or servitude”.

Notably, about 50 per cent of Kenya’s 54,000 prisoners are pre-trial detainees or those held in remand as they await trial – people legally considered innocent…In Eastern Africa, only Uganda and Ethiopia have a higher proportion of pre-trial detainees.

Like in colonial times, the beneficiaries of this prison industrial complex are the state and those who control it. Remandees and convicts are liable to be put to work cleaning officials’ compounds and there have been persistent rumours of them being compelled to provide free labour for the private benefit of prison officers and other well-connected government officials, as is the case in Uganda.

While in 1930 earnings from convicts’ labour accounted for a fifth of the total cost of the Prisons Department, the official goal today, as declared by the Ministry of Interior, is for the Department to transform into a “financially self-sustaining entity”. To achieve this, President Uhuru Kenyatta has created the Kenya Prisons Enterprise Corporation with the aim of “unlocking the revenue potential of the prisons industry” and to “foster ease of entry into partnership with the private sector”.

This basically entails deeper exploitation of prisoners’ labour. And even though Kenyatta speaks of improving remuneration, it is notable that this is not a free exchange. Whatever the courts might say, it is clear that the state and its owners feel entitled to the labour of those they have incarcerated, much like their predecessors (the colonial regime and the European settlers) once felt entitled to African labour.

This will sound familiar to many Kenyans today whose encounters with the police often begin with demands for the production of the kipande (ID card) and end with a stint in overcrowded police cells. However, there are some differences. An audit of pre-trial detention…found that police generally arrested and charged people for petty offences, with close to half of those arrests occurring over weekends.

In this regard, the attitude is very like that of the white settler in Kiambu, Henry Tarlton, who told the 1912 Native Labour Commission regarding desertion by African workers that “this is my busiest season and my work is entirely upset, and it is hardly surprising if I am in a red-hot state bordering on a desire to murder everyone with a black skin who comes within sight”. Another white settler, Frank Watkins, in a letter to the East African Standard in 1927 boasted of his “methods of handling and working labour”, which included “thrash[ing] my boys if they deserve it”.

This brutality, especially directed towards African males, was paired with forced labour from the very onset of the colonial experience. (Brett Shadle, Professor and Chair of the Department of History at Virginia Tech, notes that the settlers were much more reticent about their violence on African women, which tended to be sexual in nature.) These settlers were already pushing the colonial state to institute unpaid forced labour on public works projects in the reserves (which it eventually did) as a means of driving Africans to wage employment for Europeans.

But it was within the prison system and Mau Mau detention camps that the practice of forced labour found its full expression. According to Christian G. De Vito and Alex Lichtenstein, “Conditions inside the detention camps created in Kenya in the 1910s and 1920s and in the prison camps opened in 1933 depended on the assumption that forced labour, together with corporal punishment, could actually serve as the only effective forms of penal discipline.” The influx of Mau Mau detainees, they explained, overwhelmed the system “since police repression by far exceeded the capacity of the already overcrowded prisons, and the colonial government decided to establish a network of camps, collectively called the ‘Pipeline’, characterized by violence, torture, and forced labour.”

These are the footsteps in which the Kenyan state is walking. Nelson Mandela once said that a nation should not be judged by how it treats its highest citizens but by how it treats its lowest ones. By that measure, the current Kenyan state is no different from its colonial predecessor.

“It is also worth thinking about what happens to the prison at the end of colonialism,” says Prof Anderson. “There is no movement for prison reform in Kenya after 1963 – rather the opposite: the prison regime becomes harsher and is even less well funded than it was in colonial times. By the end of the 1960s, Kenya is being heavily criticised by international groups for the declining state of its prison system and the tendency to violence and abuse of human rights within the system.”

Prof Daniel Branch stresses that “post-colonial prisons urgently need a history. The Mau Mau period rightly gets lots of attention, but there’s very little by scholars on the post-colonial period”.

It is critical, as Kenya marks a decade since the promulgation of the 2010 constitution, that we keep in mind Mandela’s words and ask whether, if at all, it has changed how those condemned by society – “our lowest ones” – are treated. That will, in the end, be the true measure of our transformation.

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The Myth of Unconditionality in Development Aid

Based on interviews and ethnographic fieldwork in Western Kenya, Mario Schmidt argues that local interpretations of Give Directly’s unconditional cash transfer program unmask how the NGO’s ‘myth of unconditionality’ obscures structural inequalities of the development aid sector. Schmidt argues that in order to tackle these structural inequalities, cash transfers should be ‘ungifted’ and viewed as debts repaid and not as gifts offered.

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The New York Times praises the US-American NGO GiveDirectly (GD), a GiveWell top charity, for offering a ‘glimpse into the future of not working’ and journalists from the UK to Kenya discuss GD’s unconditional cash transfer program as a revolutionary alternative in the field of development aid. German podcasts as well as international bestsellers such as Rutger Bregman’s Utopia for Realists portray grateful beneficiaries whose lives have truly changed for the better since they received GD’s unconditional cash and started to invest it like the business people they were always meant to be. At first glance, GD indeed has an impressive CV.

Since 2009, the NGO has distributed over US$160 million of unconditional cash transfers to over tens of thousands of poor people in Kenya, Rwanda, Uganda, the USA and Liberia in an allegedly unbureaucratic, corrupt-free and transparent way. Recipients are ‘sensitized’ in communal meetings (baraza), the cash transfers are evaluated by teams of internationally renowned behavioral economists conducting rigorous randomized controlled trials (RCTs) and the money arrives in the recipients’ mobile money wallets such as the ones from Mpesa, Kenya’s celebrated FinTech miracle, without passing through the hands of local politicians.

In 2015 and after finalizing a pilot program in the Western Kenyan constituency Rarieda (Siaya County), GD decided to penetrate my ethnographic field site, Homa Bay County. On the one hand, they thereby hoped to enlarge their pool of potential beneficiaries. On the other hand, they had planned to conduct further large-scale RCTs (one RCT implemented in the area, studied the effects of motivational videos on recipients’ spending behavior). To the surprise of GD, almost 50% of the households considered eligible for the program in Homa Bay County refused to participate. As a result, the household heads waived GD’s cash transfer which would have consisted of three transfers amounting to a total of 110,000 Kenyan Shillings (roughly US$1,000).

In order to understand what had happened in Homa Bay County and why so many households had refused to participate, I teamed up with Samson Okech, a former field officer of Innovations for Poverty Action (IPA) who had conducted surveys for GD in Siaya. Samson had been an IPA employee for over ten years and belongs to the extended family I work with most closely during fieldwork. During our long qualitative interviews with recipients of GD’s cash transfer and former field officers as well as Western Kenyans who refused to be enrolled in the program, the celebratory reports by journalists and scholars were replaced by a bleaker picture of an intervention riddled with misunderstandings and problems.

Before I offer a glimpse into what happened on the ground, I want to emphasize that I am neither politically nor economically against unconditional cash transfers which, without a doubt, have helped many individuals in Western Kenya and elsewhere. It is not the what, but the how against which I direct my critique. The following two sections illustrate that a substantial part of Homa Bay County’s population did not consider GD’s intervention as a one-time affair between themselves and GD. In contrast, they interpreted GD’s program either as an invitation into a long-term relationship of patronage or as a one-time transfer with obscured actors.

These interpretations should make us aware of ethical problems entailed in conducting social experiments (see Kvangraven’s piece on Impoverished Economics, Chelwa’s and Muller’s The Poverty of Poor Economics or Ouma’s reflection upon GD’s randomisation process in Western Kenya). They can also crucially encourage us to think about ways of radically reconfiguring the political economy of development aid in Africa and elsewhere.

Instead of framing relations between the West and the Rest as relations between charitable donors and obedient recipients, in my conclusion I propose to ‘ungift’ unconditional cash transfers as well as development aid as a whole. Taking inspiration from rumors claiming that Barack Obama, whose father came from Western Kenya, has created GD in order to rectify historical injustices, I suggest rethinking cash transfers as reparations or debts repaid. Consequently, recipients should no longer be used as ‘guinea pigs’ but appreciated as equal partners and autonomous subjects entitled to reap a substantial portion of the value produced in a global capitalist economy that, historically as well as structurally, depends on exploiting them.

Why money needs to be spent on ‘visible things’

Those were guidelines on how to use the money. It was important that what you did with the money was visible and could be evaluated’, William Owino explained to us after we had asked him about a ‘brochure’ several other respondents had mentioned. One of the studies on the impact of GD’s activities in Siaya also mentions these brochures. In order to ‘emphasize the unconditional nature of the transfer, households were provided with a brochure that listed a large number of potential uses of the transfer.’ 

When being asked which type of photographs and suggestions were included in these brochures, respondents mentioned photographs of newly constructed houses with iron sheets, clothes, food and other gik manenore (‘visible things’). When we inquired further if the depicted uses included drinking alcohol, betting, dancing or other morally ambiguous goods and services, the majority of our respondents dismissed that question by laughing or by adding that field officers had also advised them against using the money for other morally dubious services such as paying prostitutes or bride wealth for a second or third wife.

One of our respondents in Homa Bay took the issue of gik manenore to its extreme by expressing the opinion that GD’s money must be used to build a house with a fixed amount of iron sheets and according to a preassigned architectural plan so that GD, in their evaluation, would be able to identify the houses whose owners had benefited from their program quickly and without much effort. Such practices of ‘anticipatory obedience’ are also implicitly at work in the rationalizations of another respondent. He expected that GD’s field officers who had asked him questions about what he intended to do with the money during the initial survey – questions whose answers had, in his opinion, qualified him to receive the cash transfer – would one day return to see if he had really used the money according to his initially stated intention. The logic employed is clear: The ‘unconditional’ cash transfers needed to be spent on useful and, if possible, visible and countable things so that GD would return with further funds after a positive evaluation.

Recipients understood the relation with GD not as a one-off affair, but as an entrance into a long-term relation of fruitful dependency. In contrast to GD which, like most neoliberal capitalists, understands unconditional cash as a context-independent techno-fix, the inhabitants of Homa Bay framed money as an entity embedded in and crystallizing social power relations.

From such a perspective, free money is not really free, but like Marcel Mauss’ famous gifts, an invitation into a ‘contract by trial’ which has the potential to turn into a long-term relationship benefitting both partners if recipients pass the test and reciprocate with obedience. While some actors framed the offer of unconditional cash as a test that could lead into an ongoing patron-client relationship between charitable donors and obedient recipients, others, the majority who refused to accept GD’s offer, interpreted it as a direct exchange relation with unseen actors.

Why money is never free

‘People in the market and those I met going home told me it is blood money’, Mary, a 40-year old mother remembered. After she had been sampled, Mary had never received money from GD but failed to understand why and believed the village elder had ‘eaten’ her money. She further told us that rumors about ‘blood money’ circulated in church services and funeral festivities. ‘Blood money’ refers to widespread beliefs that accepting GD’s cash implied entering into a debt relation with unknown actors such as a local group sacrificing children or the devil.

Comparable rumors playing with the well-known anthropological trope of money’s (anti)-reproductive potential circulate widely in Homa Bay: Husbands who wake up only to see their wives squatting in a corner of the room laying eggs, a huge snake that lives in Lake Victoria and vomits out all the money GD uses, mobile phones that can be charged under the armpit or find their way into the recipient’s bed if lost or thrown away (many people allegedly threw their phones away in order to cut the link to GD), money that replenishes automatically or a devilish cult of Norwegians that abducts Kenyan babies and transports them to Scandinavia where they are adopted into infertile marriages.

All of these rumors, which are epitomized in a phrase some recipients considered to be GD’s slogan, Idak maber, to idak matin – (‘You live well, but you live short’) – revolve around the same paradox: Money initially offered with no strings attached, but whose reproductive potential will soon demand blood sacrifice or lead to a fundamental change in one’s own reproductive capacities.

Local attempts to ‘conditionalize’ GD’s unconditional cash as well as rumors about tit-for-tat exchanges with the devil undermine GD’s assumption that their cash transfers are perceived by recipients as unconditional. This has two consequences. On the one hand, it questions the validity of studies trying to prove that the program was successful as an unconditional cash transfer program. On the other hand, it urges us to focus on the unintended consequences caused by GD’s intervention. While Western Kenyans who have given consent to participate in the intervention invested their hopes in an ongoing charitable relation with GD, those who have refused to participate – as well as some who did – have been haunted by fear and anxiety triggered by situating GD’s activities in a hidden sphere.

All this raises ethical and political questions about GD’s intervention in Homa Bay County. Did GD, an actor that is neither democratically elected nor constitutionally backed up, have the right to intervene in an area where almost 50 % of the population refused to participate? Did the program really reach the poorest members of society if accepting the offer depended on understanding the complex networks of NGOs that constitute the aid landscape? Should it not be considered problematic that a US-American NGO uses whole counties of an independent country as laboratories where they experimentally test the feasibility of unconditional cash transfers in order to assure their donors that recipients of unconditional cash ‘really’ do not spend donations on alcohol and prostitutes?

Apart from raising these and other ethical and political questions, the reactions of the inhabitants of Homa Bay County can be understood as mirrors reflecting a distorted but illuminating image of the development aid sector. Narratives about women laying eggs and satanic cults sacrificing children exemplify an awareness of the fact that, on a structural level, the development aid sector is shot through with inequalities and obscure hierarchical power relations between donating and receiving actors. At the same time, recipients’ anticipatory obedience to use the cash on ‘visible things’ unmasks a system that appears overwhelmed by the necessity to constantly evaluate projects in order to secure further funding.

By ‘conditionalizing’ cash transfers as long-term patronage relations or tit-for-tat exchanges with the devil, inhabitants of Homa Bay unmask GD’s ‘myth of unconditionality’ and thereby relocate GD into the wider development aid world in which they have never been equal partners.

Why we must ‘ungift’ development aid

‘I think it was because of Obama’, a former colleague of Samson who had administered the surveys of GD in Siaya County told me while we enjoyed a meal in a restaurant along Nairobi’s Moi Avenue after I had asked him why the rejection rates of GD’s program in Siaya had been so low. According to rumors that circulated widely during GD’s first years in Siaya, Barack Obama, whose father came from a village in Siaya County, had teamed up with Raila Odinga, an almost mythical Luo politician, in order to channel US-American funds ‘directly’ to Western Kenya, i.e. without passing through the Central Kenyan political elite who had – in 2007 as well as 2013 – ‘stolen’ the elections from Raila.

As a consequence, at least some recipients did not agree with interpretations of the cash transfers as market exchanges with shadowy actors or invitations into long-term relationships of patronage. Rather, they conceptualized the transfers as reparations originating in Obama’s attempt to recoup losses accumulated by the Luo community due to political injustices provoked by the actions of what many consider to be a corrupt Kikuyu elite. This conjuring of a primordial ethnic alliance between Obama and Western Kenyans might strike many as chimerical.

Be that as it may, we should acknowledge that the rumor of Obama’s intervention situates the cash transfers in a social relation between two equals who accept their mutual indebtedness and act accordingly by putting things straight. By reinterpreting GD as a clandestine operation invented by their political leaders, Barack Obama and Raila Odinga, inhabitants of Siaya portray themselves as belonging to a community of interdependent equals whose members are entitled to what the anthropologist James Ferguson has called their ‘rightful share’.

How would development aid look like if we dared to transfer this idea of a community whose members acknowledge their equality and mutual indebtedness to our global economic system? One way to redeem the fact that we all live in a highly connected capitalist economic system spanning the whole globe and depending on exploiting a huge portion of the global community would be to follow in the footsteps of the inhabitants of Siaya and rebrand cash transfers as reparations being paid for historical and structural injustices.

By way of conclusion, I want to suggest the idea of ‘ungifting’ development aid, i.e. to reframe it as a duty and to accept that recipients of cash transfers have the right to receive their share of the value produced by the global capitalist economic system. Consequently, cash transfers should be considered as debts repaid and not as gifts offered.


Names of individuals in this article have been anonymized.

This article was first published in the Review of African Political Economy.

Names of individuals in this article have been anonymized.

 

 

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