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‘I Will Crush You’: The November 18 Kampala Massacre

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On 18 November, the insecurities of the past welled up in a bloody bout of peacetime carnage in Kampala – a massacre ignited by fear of a musician who has stolen the nation’s heart.

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‘I Will Crush You’: The November 18 Kampala Massacre
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“If I can’t have you
I’ll go out of my mind”
-Whitesnake

Just how serious the moment was comes to you afterwards. Caught in the centre of the riot, the adrenaline high, the gauntlet of fire, smoke, tear gas and gunfire raging around you, you are shielded from the knowledge that this could be the day they kill you.

Afterwards, when you have escaped the bullet and the gas, and have made it home, and the adrenaline has worn out, the pain begins. What if I was among those that died?

It is the evening of trauma, the time for unanswerable questions. You look at the images coming in and think, a week ago, I stood by this mall searching for twine. I was at the same spot the retired lecturer, 71-year old John Kittobe, was cut down. How about the 15-year-old Amos Segawa, bleeding to death, killed on Kafumbe Mukasa Road where there are things I always need to buy?

There is more. The videos keep coming in. Where the yellow, sporty hatchback with the president’s poster drove into a crowd (Charlottesville-style) you too had wedged your way out between a Mercedes Benz trailer and an Isuzu Bighorn. At each Christmas, you regularly drive past the town the church laity Richard Mutyaba was killed in. And the sunny-faced Onesmus Kansiime was shot in a place I went past just a month earlier.

Is there a formula to empirically plot these events? How did the angels of death that roamed this bit of earth in mid-November bearing AK-47s look at a figure and decide that that body, that young man, that woman will die today?

Then comes the impossible matrix: what can I do to not be killed? Should I not raise a defiant voice, not write this article? But then none of those killed were rabble-rousers.

Talk, you die; keep quiet, you die

So why was it them and not me? Why did the shooting happen this week instead of last week when I was right there?

Then, survivor’s guilt: I should have been there holding the hand of that boy whose legs were crushed to smithereens. What right do I have to remain alive when they are all gone?

Perhaps this comes closest to answering these wearied questions: a sheer coincidence of missed appointments and of a malfunctioning carburetor that kept you parked by the roadside, you realise, was all that stopped you standing at the spot where the bullet went through Mr Kittobe.

Those that were killed led quiet, unprotesting lives.  Talk, you die; keep quiet, you die. How about the rest of us noise makers, who write articles like this, the makers of music, the poets and activists who are frequently warned, “There is a plan for you”.  Every day, you walk past your designated killer and even say good morning to him. “Your time will come. Be careful.”

You realise there is a bullet out there with your name on it. They just haven’t fired it yet.

The bridge

The hand of fate had me and a writer friend drive a few kilometers north of the city centre. Hard rain in the morning had kept me an hour behind my intended time of arrival. There were a couple of things I needed – and still need – in the downtown area that bore the brunt of the violence. But the rain had ruined my day so I cut the city centre out of my planned schedule.

Meeting done, and as the two of us were approaching the overpass at Bwaise at precisely 3 p.m, it was reported that Mr. Kittobe had been shot dead.

Every day, you walk past your designated killer and even say good morning to him. “Your time will come. Be careful.”

The pillars of black smoke rising everywhere did not yet register. A group of young men were running across the road hurriedly. But they do that in Kalerwe, no? A couple of police officers in heavy riot gear were waving their arms in command. That too has been standard  in the last 20 years.

But past the gentle curving section that takes you from the Kalerwe-Mpererwe junction, the pile of burning tyres is ominous. Before we get there, there comes the smell of tear gas and a single shot. Burning tyres, tear gas and gunshots – the macabre trinity.

We remember the news of the arrest of Bobi Wine and understand it fully.

The overpass raises the ground underneath us but we will never make it past it. We slow down. A young man shouts in urgent Luganda. We press on. At the top of the bridge, we see his point. Down beyond the overpass, the hundreds of unmoving vehicles are jammed. To our left, clogged up on Sir Apollo Kagwa Road, even more vehicles. To our right there is the actual event, the crackle of gunshots interspersed with shouts of heightened emotions. The only clear route out of this is behind us and it is filling up fast. We need to act.

Gunshots, and that eerie clarity when you know they are shooting to kill.

Now that we are fully aware, we start to notice, in every movement, an affirmation that the Museveni regime had not given up.

Something is building up, like an approaching storm. We must get out. We make the U-turn.

We never made it across the bridge. Below, a maelstrom. The uncrossed bridge, the bridge of burning tyres and missing phones.

Cassava, potato and banana gardens

The old Bwaise road is blocked by a massive, burning barricade. We swerve right in time to avoid the gridlock. I wrack my brain to remember the muddy, potholed backyards of Makerere Kavule, where I grew up in the 1990s. Lord, let it not be too far ahead. Just ahead, the biggest burning barricade we will see all day, in Makerere Kavule. The Lord is kind. We find the easy-to-miss byway.

“Enkuubo enfu”. The road is bad, a young man warns us.

“I know this place,” I reassure the poet and press on.

U-turns

Lesson learned: keep away from big, smooth roads. Cling to byways and earth ruts. You clamour up the back of Makerere hill on number one and number two, there with the ugly cassava and lianna side, with the burrs and forget-me-nots, the side of its hill that Makerere does not put on its admission prospectus. We intended to slingshot across the city westwards. But the Kikoni-Kasubi districts, from the ridge overlooking Makerere West, was a disturbed beehive of burning barricades and military and zero vehicular traffic.

An afternoon of U-turns. Rapidly back up, head directly south and at the Sir Apollo Kagwa Road (in Kampala you can’t escape Sir Apollo Kagwa, a relentless, tyrannical memory of the seminal betrayer of Uganda) and Makerere Hill junction, a sharp turn west. Cars rapidly going uphill on third gear, as quickly as they can before the inescapable Nakulabye junction is shut. And just in time to catch youths tearing the pavements, a troop of riot gear- and gun-wielding soldiers steadily pacing in their direction. The clash is inevitable. But the distraction buys us a few seconds. We shield behind a blanket of raging tyre fire and smoke, and leap onto Namirembe district.

From Sir Apollo Kagwa Road to Namirembe Cathedral, we have been in the open air of modern roads too long. Time again to dive out of sight on back roads.

In the backwaters of the Nateete-Mackway suburb, the air seems the most riotous – the giant barricades, youths clutching shirts, running, soldiers and police alert and trigger- happy. A quick left, and at the early Martyrs Church, searching an option route out west. It is more cassava, banana and potato fields and villagers watching curiously this unscheduled invasion of town cars in their shambas. But there are barricades even this deep. The difference is that there are no soldiers or police, so it’s a civilised pleading with the motorists – don’t cheat us poor people; don’t take our land.

The realisation comes that when the big moment of history approaches, there is no out of sight to fall into.

It is at the top of the ridge, just before Busega, when we feel out of the danger zone, that I realise how much trouble we had escaped.

After nearly an hour hunting through the sidelines of banana, yam and cassava fields for a way out of the city, a black Toyota Harrier stood thrumming ahead of us, not moving.

“Get out,” he yells.

‘Mr Bobi Wine I arrest you because you do this so many times’

In the days that follow, when all the headlines have been scanned and radio analyses have been listened to, and the unwatchable videos have been watched and re-watched, we all know what we have always known: We Ugandans are being punished for falling in love with Bobi Wine rather than with the other one who considers himself the more attractive suitor. Has this not been the story for four decades now? That Mr. Yoweri Museveni, having failed to win at the ballot box, has lashed out in violence?

It is said that the most deadly thing that Milton Obote ever wielded was a microphone. And in 1980, it is said, his listeners never stood a chance when faced with his killer tongue.

Kizza Besigye is like that. He stands up and moves a hand. Not a word said but already there are tears streaming down faces. He speaks and something moves in the crowd, an almost metaphysical, transcendental transformation.

It is different at Mr. Museveni’s rallies. At your kindest, you might call him a policy wonk, a man who likes to string off measures, deliverables, reasons and figures. He does not speak to the heart. Without the military reining the crowds in, as happened on the day Daniel arap Moi stepped down in Nairobi, he will move his listeners to jeer and boo him. He does not have the words that will make people feel warm inside. He has a pathological fear of elections.  Thoroughly wooden, his best pick-up line is, “I will crush you.”

It is said that the most deadly thing that Milton Obote ever wielded was a microphone. And in 1980, it is said, his listeners never stood a chance when faced with his killer tongue.

At Besigye’s rallies, they jostle, push forward, slip and fall for the privilege of handing him some money, or a chicken. He makes them believe in something. But Museveni had him tear-gassed, beaten and blinded – to disfigure the face they found irresistible.

In Shakespeare’s play, Othello, the hatred-blinded Iago, unaccepting of the fact that someone he considers dark, ugly, without substance, and full of pompous emptiness can be attractive to someone else, says venomously:

He hath a daily beauty in his life that makes me ugly

But take Obote and Besigye and add them up. The combination is Bobi Wine, a man young enough to be Mr. Museveni’s grandson. Still the fear returns.  The reaction of Mr. Museveni remains the same as it was when he faced off against Obote and Besigye. The deeply fear that they will speak and win.

On 18 November 2020, the insecurities of the past welled up in a bloody bout of peacetime carnage that Kampala will not wish to remember. (Just in case we forget, at the end of 2016, scores were massacred in the West town of Kasese, the likely site of the coming pogrom should Uganda break down.)

Kiwaani

I have never taken the time to stream Bobi Wine’s music. After November 18 and 19, I wanted to find out just what it is that endears a country to him and so hurts the other man.

As good a track to begin with is Kiwaani. Upbeat and sad, delightful and morose, it was Bobi Wine’s breakout hit in 2009-2010. You start to see that Bobi Wine, unbeknownst to us who did not pay closer attention at the beginning, but who was already sealing the love deal. Whilst Museveni basked in his 2006 triumph and prepared for another “Rap” in 2009-10, Bobi Wine was already placing the winning hand.

It remains perhaps his quintessential song, an address that spoke to Ugandans in ways we had not been spoken to since Philly Bongole Lutaaya and Okot P’Bitek before him (an inheritor then of poet laureate burdens). Dulcet, rising, in pathos, long-suffering, there was a song telling us what we were feeling. Back then, lines in it were quoted repeatedly to explain why things were unbearable. Kampala, it declared, was the place of failure.

A deceptively laid-back track, Kiwaani opens in classic Kadongo Kamu (one-man guitar) melody, seemingly to hark back to a bygone age. This is followed by rapid, brief strings. Then comes the rescuing poetry.

A melody taken off a slum kid’s chant of sowaani (the plate at feeding time), repurposed to say Kampala wears sheds, Bobi Wine put it to good effect. And there he is, in his element, seductive, laying it on thick, simplifying and pre-digesting inaccessible lyrics, a distillation of critical discourse – postcoloniality, duality, deconstruction, neoliberal philanthropy. It is all there. There is just enough straight Luganda to make you get it. For the rest, you just have to speak ghetto to get it.

His coming of age mood was dense, chewy, accessible, personable.  He might have played nothing more beyond Kiwaani and stayed forever as the defining describer of Kampala. After you listened to that track, you could not take your eyes away from the dreadlocked lark.

A decade later, the melody is still haunting.

Mr. Money

Then there was the author of Mr. Money, at one time the undisputed anthem of Kampala. And you asked again, how did I not know how to put it into words what I see daily in this city? As if knowing what would become of him in later years, the young, twenty-something Bobi Wine had sung these lines:

Those who pursue me find me far ahead
Rich and poor, let this music touch you

Before he was a political prisoner, he was a prisoner of conscience, and he quotes his tormentors:

‘Mr Bobi Wine I arrest you because you do this so many times
I arrest you and take you to SPC and charge you with idle and disorderly”

Mr. Money is in many ways, the song that really tells it as it is. He is in his element. But it is still safe territory. He is belting out the Kadongo Kamu man’s craft, telling stories, not the mash and splash postmodernity of Kiwaani.

But the essential Bobi Wine is there, as he always had been, and would be in later years –  rousing, exhilarating, musical, leading from the front.

I say man made money, money made man mad

He could have stopped at Mr. Money and been great.

Carolyn

He could even have stopped at Carolyn, and still been great. One of those required evergreen melodies no songster must go out without, Carolyn is a happy song, a party staple, like What A Wonderful World, or Here Comes the Sun, or the tenderest, caressing ballard of Tabu Ley’s Mireille Mwana, He is not only happy, he is doing happiness. There is Bobi Wine, happy, letting it rip; he is enjoying it, letting the melody run, run, run. A love song. A recollection of high school sweetheart nostalgia. A celebration.

But is he not channeling the late Kafeero with his slim, scanty-bearded, straw hat-wearing mien? What is he doing with the adungu, harp and rattle troupe? 1997 was a wonderful year.

She used to call me Master Bio because I used to handle money-o.

This man made beautiful songs. They love him for it. Before he stood for them, he serenaded them.

Kyarenga

The earlier joie de vivre expressed in Carolyn is resurrected in perhaps the most ambitious of Bobi Wine’s songs, Kyarenga, the eponymous song of the album for which the notorious crackdown of the 2018 launch cemented what would be the position of government going forward. Kyarenga is set as a love song. The strapping youth who has the village belle’s heart is challenged by variegated powerful and moneyed suitors. But he has the belle’s heart. The belle has eyes only for him.

This man made beautiful songs. They love him for it. Before he stood for them, he serenaded them.

The song, and the video (by this point Ugandan music videographers had come into their own), is a thinly disguised allegory of the moment, of the songster who has a nation’s heartbeat but is attacked and harassed by the powerful who think their position and money entitles them to love. Why force the nation to love you when who they want is me?

But does that explain this unhinged violent fear of voters choosing someone who steals their hearts?

Paradiso

The heavier, Mtukuzi-sampling opening, but Kiswahili-lyrics Paradiso pays homage to a different Uganda, Uganda, the East African country. A track with a kick, perhaps the lowest depth of Bobi Wine pathos. It speaks to the generation disinherited by neoliberalism, scattered in the face of the earth to look for fortunes, and returning, in the words of T.S. Eliot, to find alien people clutching strange gods.

Situka

The politically overt Bobi Wine comes out clear in 2015/2016. He releases Situka and declares,

When leaders become misleaders
And mentors become tormentors
When freedom of expression becomes target of suppression
Opposition becomes our position

If he was speaking to Mr. Museveni, he was also speaking to Mr. Obote, Idi Amin and the grandest of all Ugandan tyrants, Sir. Apollo Kagwa. And this is a point lost in the heat of the moment. The fight that has raised Bobi Wine was a century in the making. Mr. Museveni need not feel it is directed at him. When he is gone, that war will still rage on. The things we need Bobi Wine for are not the things we require Mr. Museveni for.

He is the Ugandan musician who broke through his art into the public consciousness. But also, in this era, he is music breaking beyond the point Bob Marley left it. We can hardly think of a musician, anywhere, in recent times, who has caused such a stir in an uncertain, frightened world.

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A.K. Kaiza is a Ugandan writer and journalist.

Politics

A Dictator’s Guide: How Museveni Wins Elections and Reproduces Power in Uganda

Caricatures aside, how do President Yoweri Museveni and the National Revolutionary Movement state reproduce power? It’s been 31 years.

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Recent weeks have seen increased global media attention to Uganda following the incidents surrounding the arrest of popular musician and legislator, Bobi Wine; emblematic events that have marked the shrinking democratic space in Uganda and the growing popular struggles for political change in the country.

The spotlight is also informed by wider trends across the continent over the past few years—particularly the unanticipated fall of veteran autocrats Muammar Gaddafi in Libya, Hosni Mubarak in Egypt, Yaya Jammeh in Gambia, and most recently Robert Mugabe in Zimbabwe—which led to speculation about whether Yoweri Museveni, in power in Uganda since 1986, might be the next to exit this shrinking club of Africa’s strongmen.

Yet the Museveni state, and the immense presidential power that is its defining characteristic, has received far less attention, thus obscuring some of the issues at hand. Comprehending its dynamics requires paying attention to at-least three turning points in the National Resistance Movement’s history, which resulted in a gradual weeding-out of Museveni’s contemporaries and potential opponents from the NRM, then the mobilisation of military conflict to shore up regime legitimacy, and the policing of urban spaces to contain the increasingly frequent signals of potential revolution. Together, these dynamics crystallised presidential power in Uganda, run down key state institutions, and set the stage for the recent tensions and likely many more to come.

The purge

From the late 1990s, there has been a gradual weeding out the old guard in the NRM, which through an informal “succession queue,” had posed an internal challenge to the continuity of Museveni’s rule. It all started amidst the heated debates in the late 1990s over the reform of the then decaying Movement system; debates that pitted a younger club of reformists against an older group. The resultant split led to the exit of many critical voices from the NRM’s ranks, and began to bolster Museveni’s grip on power in a manner that was unprecedented. It also opened the lid on official corruption and the abuse of public offices.

Over the years, the purge also got rid of many political and military elites—the so-called “historicals”—many of whom shared Museveni’s sense of entitlement to political office rooted in their contribution to the 1980-1985 liberation war, and some of whom probably had an eye on his seat.

By 2005 the purge was at its peak; that year the constitutional amendment that removed presidential term limits—passed after a bribe to every legislator—saw almost all insiders that were opposed to it, summarily dismissed. As many of them joined the ranks of the opposition, Museveni’s inner circle was left with mainly sycophants whose loyalty was more hinged on patronage than anything else. Questioning the president or harboring presidential ambitions within the NRM had become tantamount to a crime.

By 2011 the process was almost complete, with the dismissal of Vice President Gilbert Bukenya, whose growing popularity among rural farmers was interpreted as a nascent presidential bid, resulting in his firing.

One man remained standing, Museveni’s long-time friend Amama Mbabazi. His friendship with Museveni had long fueled rumors that he would succeed “the big man” at some point. In 2015, however, his attempt to run against Museveni in the ruling party primaries also earned him an expulsion from both the secretary general position of the ruling party as well as the prime ministerial office.

The departure of Mbabazi marked the end of any pretensions to a succession plan within the NRM. He was unpopular, with a record tainted by corruption scandals and complicity in Museveni’s authoritarianism, but his status as a “president-in-waiting” had given the NRM at least the semblance of an institution that could survive beyond Museveni’s tenure, which his firing effectively ended.

What is left now is perhaps only the “Muhoozi project,” a supposed plan by Museveni to have his son Muhoozi Kainerugaba succeed him. Lately it has been given credence by the son’s rapid rise to commanding positions in elite sections of the Ugandan military. But with an increasingly insecure Museveni heavily reliant on familial relationships and patronage networks, even the Muhoozi project appears very unlikely. What is clear, though, is that the over time, the presidency has essentially become Museveni’s property.

Exporting peace?

Fundamental to Museveni’s personalisation of power also has been the role of military conflict, both local and regional. First was the rebellion by Joseph Kony’s Lord’s Resistance Army in northern Uganda, which over its two-decade span enabled a continuation of the military ethos of the NRM. The war’s dynamics were indeed complex, and rooted in a longer history that predated even the NRM government, but undoubtedly it provided a ready excuse for the various shades of authoritarianism that came to define Museveni’s rule.

With war ongoing in the north, any challenge to Museveni’s rule was easily constructed as a threat to the peace already secured in the rest of the country, providing an absurd logic for clamping down on political opposition. More importantly, the emergency state born of it, frequently provided a justification for the president to side-step democratic institutions and processes, while at the same time rationalising the government’s disproportionate expenditure on the military. It also fed into Museveni’s self-perception as a “freedom fighter,” buttressed the personality cult around him, and empowered him to further undermine any checks on his power.

By the late 2000s the LRA war was coming to an end—but another war had taken over its function just in time. From the early 2000s, Uganda’s participation in a regional security project in the context of the War on Terror, particularly in the Somalian conflict, rehabilitated the regime’s international image and provided cover for the narrowing political space at home, as well as facilitating a further entrenchment of Museveni’s rule.

As post-9/11 Western foreign policy began to prioritise stability over political reform, Museveni increasingly postured as the regional peacemaker, endearing himself to donors while further sweeping the calls for democratic change at home under the carpet—and earning big from it.

It is easy to overlook the impact of these military engagements, but the point is that together they accentuated the role of the military in Ugandan politics and further entrenched Museveni’s power to degrees that perhaps even the NRM’s own roots in a guerrilla movement could never have reached.

Policing protest

The expulsion of powerful elites from the ruling circles and the politicisation of military conflict had just started to cement Musevenism, when a new threat emerged on the horizon. It involved not the usual antagonists—gun-toting rebels or ruling party elites—but ordinary protesters. And they were challenging the NRM on an unfamiliar battleground—not in the jungles, but on the streets: the 2011 “Walk-to-Work” protests, rejecting the rising fuel and food prices, were unprecedented.

But there is another reason the protests constituted a new threat. For long the NRM had mastered the art of winning elections. The majority constituencies were rural, and allegedly strongholds of the regime. The electoral commission itself was largely answerable to Museveni. With rural constituencies in one hand and the electoral body in the other, the NRM could safely ignore the minority opposition-dominated urban constituencies. Electoral defeat thus never constituted a threat to the NRM, at least at parliamentary and presidential levels.

But now the protesters had turned the tables, and were challenging the regime immediately after one of its landslide victories. The streets could not be rigged. In a moment, they had shifted the locus of Ugandan politics from the rural to the urban, and from institutional to informal spaces. And they were picking lessons from a strange source: North Africa. There, where Museveni’s old friend Gaddafi, among others, was facing a sudden exit under pressure from similar struggles. Things could quickly get out of hand. A strategic response was urgent.

The regime went into overdrive. The 2011 protests were snuffed out, and from then, the policing of urban spaces became central to the logic and working of the Museveni state. Draconian laws on public assembly and free speech came into effect, enacted by a rubber-stamp parliament that was already firmly in Museveni’s hands. Police partnered with criminal gangs, notably the Boda Boda 2010, to curb what was called “public disorder”—really the official name for peaceful protest. As police’s mandate expanded to include the pursuit of regime critics, its budget ballooned, and its chief, General Kale Kayihura, became the most powerful person after Museveni—before his recent dismissal.

For a while, the regime seemed triumphant. Organising and protest became virtually impossible, as urban areas came under 24/7 surveillance. Moreover, key state institutions—the parliament, electoral commission, judiciary, military and now the police—were all in the service of the NRM, and all voices of dissent had been effectively silenced. In time, the constitution would be amended again, by the NRM-dominated house, this time to remove the presidential age limit—the last obstacle to Museveni’s life presidency—followed by a new tax on social media, to curb “gossip.” Museveni was now truly invincible. Or so it seemed.

But the dreams of “walk-to-work”—the nightmare for the Museveni state—had never really disappeared, and behind the tightly-patrolled streets always lay the simmering quest for change. That is how we arrived at the present moment, with a popstar representing the widespread aspiration for better government, and a seemingly all-powerful president suddenly struggling for legitimacy. Whatever direction the current popular struggles ultimately take, what is certain is that they are learning well from history, and are a harbinger of many more to come.

This post is from a new partnership between Africa Is a Country and The Elephant. We will be publishing a series of posts from their site once a week.

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Politics

The Enduring Blind Spots of America’s Africa Policy

America should move way from making the military the face of its engagement with Africa and instead invest in deepening democracy as a principled approach rather than a convenient choice.

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The Enduring Blind Spots of America's Africa Policy
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While Donald Trump’s administration completely neglected America-Africa relations, the blind spots bedeviling America’s Africa policy preceded his 2016 election. Correcting the systemic flaws of the past 30 years will require a complete rethink after the controversial President’s departure.

To remedy America’s Africa policy, President Joseph Biden’s administration should pivot away from counterterrorism to supporting democratic governance as a principal rather than as mere convenience, and cooperate with China on climate change, peace, and security on the continent.

America’s Africa policy 

America’s post-Cold War Africa policy has had three distinct and discernible phases. The first phase was an expansionist outlook undergirded by humanitarian intervention. The second was nonintervention, a stance triggered by the experience of the first phase. The third is the use of “smart” military interventions using military allies.  

The turning point for the first phase was in 1989 when a victorious America pursued an expansive foreign policy approach predicated on humanitarian intervention. Somalia became the first African test case of this policy when, in 1992, America sent almost 30,000 troops to support Operation Restore Hope’s humanitarian mission which took place against the background of the collapse of the Somalia government in 1991.

On 3-4 October 1993, during the Battle of Mogadishu, 18 US servicemen were killed in a fight with warlords who controlled Mogadishu then, and the bodies of the marines dragged through the streets of Mogadishu. The media coverage increased pressure on the politicians and six months later America withdrew from Somalia — a case of the New World Order meeting the harsh reality of civil conflict.

The chastening experience resulted in America scaling back its involvement in internal conflicts in far-flung places. The result was the emergence of the second phase — non-engagement when Rwanda’s Genocide erupted in 1994 and almost a million people died in 100 days revealed the limitations of over-correcting the Somalia experience. This “non-interference” phase lasted until the twin Nairobi and Dar es Salaam US embassy bombings by Al Qaeda in 1998.

This gave way to the third phase with the realisation that the new threat to America was no longer primarily from state actors, but from transnational non-state actors using failing states as safe havens. The 2002 National Security Strategy states: “the events of September 11, 2001, taught us that weak states . . . can pose as a great danger to our national interests as strong states.”

Counterterrorism training and equipping of African militaries is the central plank of this new security policy. As a result, counterterrorism funding has skyrocketed as has America’s military footprint in Africa. As a result, Africa has become the theatre in which the Global forever War on Terror is fought.

The counterterrorism traps 

The reflexive reaction to the events of September 11 2001 spawned an interlocking web of covert and overt military and non-military operations. These efforts, initially deemed necessary and temporary, have since morphed into a self-sustaining system complete with agencies, institutions and a specialised lingo that pervades every realm of America’s engagement with Africa.

The United States Africa Command (Africom) is the vehicle of America’s engagement with the continent. Counterterrorism blurred the line between security, development, and humanitarian assistance with a host of implications including unrelenting militarisation which America’s policy establishment embraced uncritically as the sine qua non of America’s diplomacy, their obvious flaws notwithstanding. The securitisation of problems became self-fulfilling and self-sustaining.

The embrace of counterterrorism could not have come at a worse time for Africa’s efforts at democratization. In many African countries, political and military elites have now developed a predictable rule-based compact governing accession to power via elections rather than the coups of the past.

“Smart” African leaders exploited the securitised approach in two main ways: closing the political space and criminalising dissent as “terrorism” and as a source of free money. In Ethiopia, Yonatan Tesfaye, a former spokesman of the Semayawi (Blue) Party, was detained in December 2015 on charges under Article 4 of Ethiopia’s Anti-Terrorism Proclamation ((EATP), arguably one of the the country’s most severe pieces of legislation. But Ethiopia has received millions of dollars from the United States.

The Department of Defense hardly says anything in public but gives out plenty of money without asking questions about human rights and good governance. Being a counterterrorism hub has become insurance policy against any form of criticism regardless of state malfeasance.

Egypt is one such hub. According to the Congressional Research Service, for the 2021 financial year, the Trump Administration has requested a total of US$1.4 billion in bilateral assistance for Egypt, which Congress approved in 2018 and 2019. Nearly all US funding for Egypt comes from the Foreign Military Finance (FMF) account and is in turn used to purchase military equipment of US origin, spare parts, training, and maintenance from US firms.

Another country that is a counterterrorism hub in the Horn of Africa is Ethiopia. For the few months they were in charge, the Union of Islamic Courts (ICU) brought order and stability to the country.  Although they were linked to only a few of Mogadishu’s local courts, on 24 December 2006, Ethiopia’s military intervened in Somalia to contain the rise of Al Shabaab’s political and military influence.

The ouster of the ICU by Ethiopia aggravated the deep historical enmity between Somalia and Ethiopia, something Al Shabaab — initially the youth wing of the ICU — subsequently exploited through a mix of Somali nationalism, Islamist ideology, and Western anti-imperialism. Al Shabaab presented themselves as the vanguard against Ethiopia and other external aggressors, providing the group with an opportunity to translate their rhetoric into action.

Ethiopia’s intervention in Somalia could not have taken place without America’s blessing. The intervention took place three weeks after General John Abizaid, the commander of US forces from the Middle East to Afghanistan, met with the then Ethiopian Prime Minister Meles Zenawi.  The intervention generated a vicious self-sustaining loop. Ethiopians are in Somalia because of Al Shabaab, and Al Shabaab says they will continue fighting as long as foreign troops are inside Somalia.

America has rewarded Ethiopia handsomely for its role as the Horn of Africa’s policeman. In both Ethiopia’s and Egypt’s case, on the score of human rights and good governance, the net losers are the citizens.

Drone attacks 

In keeping with the War on Terror being for forever, and despite departing Somalia in 1993, America outsourced a massive chunk of the fight against Al Shabaab to Ethiopia primarily, and later, to AMISOM. America is still engaged in Somalia where it has approximately 800 troops, including special forces that help train Somalia’s army to fight against Al Shabaab.

America carried out its first drone strike in Somalia in 2011 during President Barack Obama’s tenure. Under the Trump administration, however, the US has dramatically increased the frequency of drone attacks and loosened the oversight required to approve strike targets in Somalia. In March 2017, President Trump secretly designated parts of Somalia “areas of active hostilities”, meaning that the high-level inter-agency vetting of proposed strikes and the need to demonstrate with near certainty that civilians would not be injured or killed no longer applied. Last year, the US acknowledged conducting 63 airstrikes in the country, and in late August last year, the US admitted that it had carried out 46 strikes in 2020.

A lack of transparency regarding civilian casualties and the absence of empirical evidence that the strikes lead to a reduction in terrorism in Somalia suggest that expanding to Kenya would be ill-advised. The US has only acknowledged having caused civilian casualties in Somalia three times. Between 2016 and 2019, AFRICOM failed to conduct a single interview with civilian witnesses of its airstrikes in Somalia.

Despite this level of engagement, defeating Al Shabaab remains a remote possibility.

Containing the Chinese takeover 

The Trump Administration did not have an Africa policy. The closest approximation of a policy during Trump’s tenure was stated in a speech delivered by John Bolton at a Conservative think tank decrying  China’s nefarious activities in Africa.  Even with a policy, where the counterterrorism framework views Africa as a problem to be solved by military means, the containing China policy views African countries as lacking the agency to act in their own interests. The problem with this argument is that it is patronising; Africans cannot decide what is right for them.

Over the last decades, while America was busy creating the interlocking counterterrorism infrastructure in Africa, China was building large-scale infrastructure across the continent. Where America sees Africa as a problem to be solved, China sees Africa as an opportunity to be seized.

Almost two years into the Trump administration, there were no US ambassadors deployed in 20 of Africa’s 54 countries even while America was maintaining a network of 29 military bases.  By comparison China, has 50 embassies spread across Africa.

For three consecutive years America’s administration has proposed deep and disproportionate cuts to diplomacy and development while China has doubled its foreign affairs budget since 2011. In 2018, China increased its funding for diplomacy by nearly 16 per cent and its funding for foreign aid by almost 7 per cent.

As a show of how engagement with Africa is low on the list of US priorities, Trump appointed a luxury handbag designer as America’s ambassador to South Africa on 14 November 2018. Kenya’s ambassador is a political appointee who, when he is not sparring with Kenyans on Twitter, is supporting a discredited coal mining project.

The US anti-China arguments emphasize that China does not believe in human rights and good governance, and that China’s funding of large infrastructure projects is essentially debt-trap diplomacy. The anti-China rhetoric coming from American officials is not driven by altruism but by the realisation that they have fallen behind China in Africa.

By the middle of this century Africa’s population is expected to double to roughly two billion. Nigeria will become the second most populous country globally by 2100, behind only India. The 24-country African Continental Free Trade Agreement (AfCFTA) entered into force on 30 May 2019. AfCFTA will ultimately bring together all 55 member states of the African Union covering a market of more than 1.2 billion people — including a growing middle class — and a combined gross domestic product (GDP) of more than US$3.4 trillion.

While Chinese infrastructure projects grab the headlines, China has moved into diversifying its engagement with Africa. The country has increased its investments in Africa by more than 520 per cent over the last 15 years, surpassing the US as the largest trading partner for Africa in 2009 and becoming the top exporter to 19 out of 48 countries in sub-Saharan Africa.

Some of the legacy Chinese investments have come at a steep environmental price and with an unsustainable debt. Kenya’s Standard Gauge Railway is bleeding money and is economically unviable.

A fresh start

Supporting democratic governance and learning to cooperate with China are two areas that will make America part of Africa’s future rather than its past.

America should pivot way from making the military the most visible face of its engagement with Africa and instead invest in deepening democracy as a principled approach rather than a convenient choice.

Despite the elegy about its retreat in Africa, democracy enjoys tremendous support. According to an Afro barometer poll, almost 70 per cent of Africans say democracy is their preferred form of government. Large majorities also reject alternative authoritarian regimes such as presidential dictatorships, military rule, and one-party governments. Democracy, while still fledgling, remains a positive trend; since 2015, there have been 34 peaceful transfers of power.

However, such positive metrics go hand in hand with a worrying inclination by presidents to change constitutions to extend their terms in office. Since 2015, leaders of 13 countries have evaded or overseen the weakening of term limit restrictions that had been in place. Democracy might be less sexy, but ignoring it is perilous. There are no apps or switches to flip to arrest this slide. It requires hard work that America is well equipped to support but has chosen not to in a range of countries in recent years There is a difference between interfering in the internal affairs of a country and complete abdication or (in some cases) supporting leaders who engage in activities that are inimical to deepening democracy.

The damage wrought by the Trump presidency and neo-liberal counterterrorism policies will take time to undo, but symbolic efforts can go a long way to bridging the gap.

America must also contend with China being an indispensable player in Africa and learn to cooperate rather than compete in order to achieve optimal outcomes.

China has 2,458 military and police personnel serving in eight missions around the globe, far more than the combined contribution of personnel by the other four permanent members of the UN Security Council, Russia, the US, France and Britain. China had more than 2,400 Chinese troops take part in seven UN peacekeeping missions across the continent — most notably in Mali and South Sudan. Of the 14 current UN peacekeeping missions, seven are in Africa, consuming two-thirds of the budget.

Climate change and conflict resolution provide opportunities for cooperation. Disproportionate reliance on rain-fed agriculture and low adaptation to the adverse impact of climate change make Africa vulnerable to the damaging effects of climate change, the consequences of which will transcend Africa. Through a combination of research, development, technological transfer and multilateral investment, America and China could stave off the impact of climate change in Africa.

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Hijacking Kenya’s Health Spending: Companies Linked to Powerful MP Received Suspicious Procurement Contracts

Two obscure companies linked to Kitui South MP Rachael Kaki Nyamai were paid at least KSh24.2 million to deliver medical supplies under single-source agreements at the time the MP was chair of the National Assembly’s Health Committee.

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Hijacking Kenya’s Health Spending: Companies Linked to Powerful MP Received Suspicious Procurement Contracts
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Two obscure companies linked to Kitui South MP Rachael Kaki Nyamai were paid at least KSh24.2 million to deliver medical supplies under single-source agreements at the time the MP was chair of the National Assembly’s Health Committee, an investigation by Africa Uncensored and The Elephant has uncovered.

One of the companies was also awarded a mysterious Ksh 4.3 billion agreement to supply 8 million bottles of hand sanitizer, according to the government’s procurement system.

The contracts were awarded in 2015 as authorities moved to contain the threat from the Ebola outbreak that was ravaging West Africa and threatening to spread across the continent as well as from flooding related to the El-Nino weather phenomenon.

The investigation found that between 2014 and 2016, the Ministry of Health handed out hundreds of questionable non-compete tenders related to impending disasters, with a total value of KSh176 billion including three no-bid contracts to two firms, Tira Southshore Holdings Limited and Ameken Minewest Company Limited, linked to Mrs Nyamai, whose committee oversaw the ministry’s funding – a clear conflict of interest.

Number of Suppliers Allocated BPAAlthough authorities have since scrutinized some of the suspicious contracts and misappropriated health funds, the investigation revealed a handful of contracts that were not made public, nor questioned by the health committee.

Mrs Nyamai declined to comment for the story.

Nyamai has been accused by fellow members of parliament of thwarting an investigation of a separate alleged fraud. In 2016, a leaked internal audit report accused the Ministry of Health — colloquially referred to for its location at Afya House — of misappropriating funds in excess of nearly $60 million during the 2015/2016 financial year. Media stories described unauthorized suppliers, fraudulent transactions, and duplicate payments, citing the leaked document.

Members of the National Assembly’s Health Committee threatened to investigate by bringing the suppliers in for questioning, and then accused Nyamai, the committee chairperson, of blocking their probe. Members of the committee signed a petition calling for the removal of Nyamai and her deputy, but the petition reportedly went missing. Nyamai now heads the National Assembly’s Committee on Lands.

Transactions for companies owned by Mrs Nyamai’s relatives were among 25,727 leaked procurement records reviewed by reporters from Africa Uncensored, Finance Uncovered, The Elephant, and OCCRP. The data includes transactions by eight government agencies between August 2014 and January 2018, and reveals both questionable contracts as well as problems that continue to plague the government’s accounting tool, IFMIS.

The Integrated Financial Management Information System was adopted to improve efficiency and accountability. Instead, it has been used to fast-track corruption.

Hand sanitizer was an important tool in fighting transmission of Ebola, according to a WHO health expert. In one transaction, the Ministry of Health paid Sh5.4 million for “the supply of Ebola reagents for hand sanitizer” to a company owned by a niece of the MP who chaired the parliamentary health committee. However, it’s unclear what Ebola reagents, which are meant for Ebola testing, have to do with hand sanitizer. Kenya’s Ministry of Health made 84 other transactions to various vendors during this period, earmarked specifically for Ebola-related spending. These included:

  • Public awareness campaigns and adverts paid to print, radio and tv media platforms, totalling at least KSh122 million.
  • Printed materials totalling at least KSh214 million for Ebola prevention and information posters, contact tracing forms, technical guideline and point-of-entry forms, brochures and decision charts, etc. Most of the payments were made to six obscure companies.
  • Ebola-related pharmaceutical and non-pharmaceutical supplies, including hand sanitizer
  • Ebola-related conferences, catering, and travel expenses
  • At least KSh15 millions paid to a single vendor for isolation beds

Hacking the System

Tira Southshore Holdings Limited and Ameken Minewest Company Limited, appear to have no history of dealing in hygiene or medical supplies. Yet they were awarded three blanket purchase agreements, which are usually reserved for trusted vendors who provide recurring supplies such as newspapers and tea, or services such as office cleaning.

“A blanket agreement is something which should be exceptional, in my view,” says former Auditor-General, Edward Ouko.

But the leaked data show more than 2,000 such agreements, marked as approved by the heads of procurement in various ministries. About KSh176 billion (about $1.7 billion) was committed under such contracts over 42 months.

“Any other method of procurement, there must be competition. And in this one there is no competition,” explained a procurement officer, who spoke generally about blanket purchase agreements on background. “You have avoided sourcing.”

The Ministry of Health did not respond to detailed questions, while Mrs Nyamai declined to comment on the contracts in question.

Procurement experts say blanket purchase agreements are used in Kenya to short-circuit the competitive process. A ministry’s head of procurement can request authority from the National Treasury to create blanket agreements for certain vendors. Those companies can then be asked by procurement employees to deliver supplies and services without competing for a tender.

Once in the system, these single-source contracts are prone to corruption, as orders and payments can simply be made without the detailed documentation required under standard procurements. With limited time and resources, government auditors say they struggle especially with reconciling purchases made under blanket agreements.

The agreements were almost always followed by standard purchase orders that indicated the same vendor and the same amount which is unusual and raises fears of duplication. Some of these transactions were generated days or weeks after the blanket agreements, many with missing or mismatched explanations. It’s unclear whether any of these actually constituted duplicate payments.

For example, the leaked data show two transactions for Ameken Minewest for Sh6.9 million each — a blanket purchase order for El Nino mitigation supplies and a standard order for the supply of chlorine tablets eight days later. Tira Southshore also had two transactions of Sh12 million each — a blanket purchase for the “supply of lab reagents for cholera,” and six days later a standard order for the supply of chlorine powder.

Auditors say both the amounts and the timing of such payments are suspicious because blanket agreements should be paid in installments.

“It could well be a duplicate, using the same information, to get through the process. Because you make a blanket [agreement], then the intention is to do duplicates, so that it can pass through the cash payee phase several times without delivering more,” said Ouko upon reviewing some of the transactions for Tira Southshore. This weakness makes the IFMIS system prone to abuse, he added.

In addition, a KSh4 billion contract for hand sanitizer between the Health Ministry’s Preventive and Promotive Health Department and Tira Southshore was approved as a blanket purchase agreement in April 2015. The following month, a standard purchase order was generated for the same amount but without a description of services — this transaction is marked in the system as incomplete. A third transaction — this one for 0 shillings — was generated 10 days later by the same procurement employee, using the original order description: “please supply hand sanitizers 5oomls as per contract Moh/dpphs/dsru/008/14-15-MTC/17/14-15(min.no.6).

Reporters were unable to confirm whether KSh4 billion was paid by the ministry. The leaked data doesn’t include payment disbursement details, and the MOH has not responded to requests for information.

“I can assure you there’s no 4 billion, not even 1 billion. Not even 10 million that I have ever done, that has ever gone through Tira’s account, through that bank account,” said the co-owner of the company, Abigael Mukeli. She insisted that Tira Southshore never had a contract to deliver hand sanitizer, but declined to answer specific questions. It is unclear how a company without a contract would appear as a vendor in IFMIS, alongside contract details.

It is possible that payments could end up in bank accounts other than the ones associated with the supplier. That is because IFMIS also allowed for the creation of duplicate suppliers, according to a 2016 audit of the procurement system. That audit found almost 50 cases of duplication of the same vendor.

“Presence of active duplicate supplier master records increases the possibility of potential duplicate payments, misuse of bank account information, [and] reconciliation issues,” the auditors warned.

They also found such blatant security vulnerabilities as ghost and duplicate login IDs, deactivated requirements for password resets, and remote access for some procurement employees.

Credit: Edin Pasovic/OCCRP

Credit: Edin Pasovic/OCCRP

IFMIS was promoted as a solution for a faster procurement process and more transparent management of public funds. But the way the system was installed and used in Kenya compromised its extolled safeguards, according to auditors.

“There is a human element in the system,” said Ouko. “So if the human element is also not working as expected then the system cannot be perfect.”

The former head of the internal audit unit at the health ministry, Bernard Muchere, confirmed in an interview that IFMIS can be manipulated.

Masking the Setup

Ms Mukeli, the co-owner of Tira Southshore and Ameken Minewest, is the niece of Mrs Nyamai, according to local sources and social media investigation, although she denied the relationship to reporters. According to her LinkedIn profile, Ms Mukeli works at Kenya Medical Supplies Agency, a medical logistics agency under the Ministry of Health, now embroiled in a COVID procurement scandal.

Ms Mukeli’s mother, who is the MP’s elder sister, co-owns Icpher Consultants Company Ltd., which shares a post office box with Tira Southshore and Mematira Holdings Limited, which was opened in 2018, is co-owned by Mrs Nyamai’s husband and daughter, and is currently the majority shareholder of Ameken Minewest. Documents also show that a company called Icpher Consultants was originally registered to the MP, who was listed as the beneficial owner.

Co-owner of Tira Southshore Holdings Limited, Abigael Mukeli, described the company to reporters as a health consulting firm. However Tira Southshore also holds an active exploration license for the industrial mining in a 27-square-kilometer area in Kitui County, including in the restricted South Kitui National Reserve. According to government records, the application for mining limestone in Mutomo sub-county — Nyamai’s hometown — was initiated in 2015 and granted in 2018.

Mukeli is also a minority owner of Ameken Minewest Company Limited, which also holds an active mining license in Mutomo sub-county of Kitui, in an area covering 135.5 square kilometers. Government records show that the application for the mining of limestone, magnesite, and manganese was initiated in 2015 and granted in 2018. Two weeks after the license was granted, Mematira Holdings Limited was incorporated, with Nyamai’s husband and daughter as directors. Today, Mematira Holdings is the majority shareholder of Ameken Minewest, which is now in the process of obtaining another mining license in Kitui County.

According to public documents, Ameken also dabbles in road works and the transport of liquefied petroleum gas. And it’s been named by the Directorate of Criminal Investigations in a fuel fraud scheme.

Yet another company, Wet Blue Proprietors Logistics Ltd., shares a phone number with Tira Southshore and another post office box with Icpher Consultants Company Ltd., according to a Kenya National Highway Authority list of pre-qualified vendors.

Family LinksMrs Nyamai and her husband co-own Wet Blue. The consulting company was opened in 2010, the same year that the lawmaker completed her PhD work in HIV/AIDS education in Denmark.

Wet Blue was licenced in 2014 as a dam contractor and supplier of water, sewerage, irrigation and electromechanical works. It’s also listed by KENHA as a vetted consultant for HIV/AIDS mitigation services, together with Icpher Consultants.

It is unclear why these companies are qualified to deliver all these services simultaneously.

“Shell companies receiving contracts in the public sector in Kenya have enabled corruption, fraud and tax evasion in the country. They are literally special purpose vehicles to conduct ‘heists’ and with no track record to deliver the public goods, works or services procured,” said Sheila Masinde, executive director of Transparency International-Kenya.

Both MOH and Ms Mukeli refused to confirm whether the ordered supplies were delivered.

Mrs Nyamai also co-owns Ameken Petroleum Limited together with Alfred Agoi Masadia and Allan Sila Kithome.

Mr Agoi is an ANC Party MP for Sabatia Constituency in Vihiga County, and was on the same Health Committee as Mrs Nyamai, a Jubilee Party legislator. Mr Sila is a philanthropist who is campaigning for the Kitui County senate seat in the 2022 election.

Juliet Atellah at The Elephant and Finance Uncovered in the UK contributed reporting.

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