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Colonial Deportation in Context: What Goes Around, Comes Around

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There are parallels to be drawn between the colonial measures of regulation, control and containment imposed on Africans and those imposed on today’s refugees and migrants.

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Brexit Britain’s dismal plan to export its “immigration problem” to Rwanda through the forced deportation of asylum seekers is in some ways redolent of how, more than a century earlier, Kenya Colony dealt with its “native question”. That centred upon how to control the “natives” in a white European colony.

Some of the same buzzwords can be heard again this time around. Morality, betterment, economics, labour, containment, segregation and deterrence. Africans (and migrants of other ethnicities) must be contained in the equivalent of “native” reserves so that states can better control them. Moving them into reserves (aka migrant hostels, barracks, camps or detention centres) is for their own good. They will learn to give up whatever they were doing and labour for the white man (or in Rwanda’s case, industrious black and brown people). They will learn by example to pull themselves up by their bootstraps, as if they had never worked hard before. They will be mighty grateful for the opportunities offered – or they damn well ought to be. Saviours, of whatever colour, will save the lazy “natives” from themselves – or in the case of cross-Channel migrants, from people smugglers. Morally, it is the right thing to do. Civilisation will rub off on them. But whether the deported migrants will be treated as citizens or subjects in their new “home” remains unclear.

Writing in The Times in April, the then Home Secretary Priti Patel, chief architect of the UK-Rwanda deportation scheme, said, “We can provide legal, safe, orderly and controlled ways for people to better their lives, flee oppression, persecution or conflict and enjoy new opportunities” (emphasis mine). This ignores the fact that forced deportation is itself oppressive, and a form of trafficking. The “best interests” argument was regularly used by colonial administrators, in Kenya and in other British colonies, to justify forced removals and other oppressive measures against Africans, such as the Maasai removals and the Talai resettlement (discussed below).

Continuities in the colonial treatment of mobile Africans, and the modern-day treatment of refugees and asylum seekers (both African and other non-whites), are plain to see. Scholars Hanna Brankamp and Patricia Daley write of labourers, migrants and refugees, then and now: “Colonial biopolitics dictated that nonwhite bodies only move at the behest of capital, colonial authorities, and certainly never of their own volition”. Discussing both colonial migrant labourers and post-colonial refugees and migrants, and historical trajectories of migration control, their term “racialized subjects in need of spatial fixation” is a useful one. They draw parallels between measures of regulation, control and containment that are still in vogue today.

The role of Brexit

The goal of ending unfettered immigration to Britain lay at the heart of the Brexit vote in 2016, when a slim majority of British people voted to leave the European Union (EU). Those voters, known as Brexiteers, seem to forget that 47.5 million people did not vote to leave. Though this figure includes 13 million people who did not vote at all, those who voted to stay in the EU are called Remainers. The country formally left the EU in January 2020. But Brexiteers are furious that Brexit has not delivered what they expected, or were promised. In particular, they rage at what they see as out-of-control immigration, and the spectre of “hordes” of young men “of fighting age” from Africa and the Middle East arriving on our beaches. The majority are wrongly assumed to be Muslims, who are believed, in the wake of several terrorist attacks by young Muslim men living in Britain, to pose a terror threat. Immigration, especially by cross-Channel dinghy from France, aided by people smugglers, has soared under successive Tory governments; 28,500 migrants crossed the Channel this way in the past year, treble the figure for the previous 12 months. More than 20,000 people have crossed since the start of 2022. Crossings have continued since the Home Office announced its deportation plan, which indicates that it is not a deterrent. Some 1295 people crossed in one day (22 August), a record for 2022 so far. The fact that the migrants are escorted ashore by Border Force officials, housed in hotels, fed and watered, and “paid” £39 a week, all at taxpayers’ expense, only infuriates Brexiteers more.

“Colonial biopolitics dictated that nonwhite bodies only move at the behest of capital, colonial authorities, and certainly never of their own volition”.

Gloating over this fiasco is the divisive figure of Nigel Farage, an éminence grise obsessed with immigration and the EU, who has never managed to get elected to the British parliament, despite seven attempts. He was, nonetheless, the driving force behind Brexit, when leader of the fringe UKIP (UK Independence Party) and Brexit Party. Farage continues to whip up anti-migrant sentiment on right-wing broadcast channels such as GB News, but also in the pages of serious national newspapers. If one person is single-handedly responsible for the anti-migrant rhetoric, it is Farage. Shamefully, the two final candidates who fought to succeed  Boris Johnson as Prime Minister, Rishi Sunak and Liz Truss, parroted Farage in their frantic attempt to appeal to Tory Party members who chose the new PM. As predicted, Truss won.  (The British electorate as a whole was not allowed to vote.) At an earlier stage of the contest, all the candidates said they supported the Rwanda deportation plan – despite the fact that several of them are, like Patel and Sunak, the children of immigrants to the UK. (Sunak’s parents were born in Kenya and Tanganyika, Patel’s are from Uganda.)

Fear of a mass invasion by Africans features in much of this rhetoric. Online comments contain hysterical claims that “the whole continent” is headed for Europe. “Most of Africa would prefer to live in Britain”, posted a reader at the Daily Telegraph on 22 June, one example that stands for many. In fact, the top countries of migrants’ origin include non-African countries such as Syria, Afghanistan, Iraq, Albania, Myanmar and Vietnam.

The deportation plan can be seen as the culmination of the Tories’ hostile environment policy towards immigrants, which was first introduced ten years ago. In 2012, the then Home Secretary, Theresa May, announced a strategy aimed at tackling “illegal” immigration by making life so unbearable for certain migrants they would voluntarily choose to leave. May herself used the words “a really hostile environment”. (Ironically, she now criticises the Rwanda deportation policy.) However, the opposition Labour Party first coined the expression in 2007. The then Labour immigration minister Liam Byrne referred to the desirability of creating a “hostile environment” in a consultation document that year, although the policy was not implemented. He has angrily denied May’s claims that Labour invented it.

Migration within colonial Kenya

Switching my focus to Kenya and the deeper historical context of forced migration, many of the internal relocations that took place in colonial Kenya (and the British protectorate that preceded it, before 1920) involved coercing Africans into leaving home to labour for white settlers. They moved seasonally in large numbers. “Squatters had not looked for work; [Lord Delamere] had sent for them, fetching their families and flocks by train”, writes historian John Lonsdale. However, not all displacement was coerced; this denies African and Asian agency, and overlooks all the other reasons why men, and women (often ignored in migration studies), moved as individuals in search of work.

The deportation plan can be seen as the culmination of the Tories’ hostile environment policy towards immigrants, which was first introduced ten years ago.

Norman Leys (a medical doctor and rights activist) reported how many colonial district officers initially refused to comply with demands from settlers and other private employers to use their influence and procure labourers. “Then an agitation began in Nairobi and in London. As a result of that agitation instructions were sent to district officers that, while no compulsion was to be used, ‘moral suasion’ was to be resorted to, chiefs were to be ‘encouraged’ to persuade their people to leave home to work for Europeans.” Then as now, Anglican bishops issued a statement condemning the plan. “We believe that ideally all labour should be voluntary. We recognise that, at present, this is impossible … [But] we are of the opinion that compulsory labour, so long as it is clearly necessary, should be definitely legalised.”

Under colonial vagrancy laws, it even became impossible for Africans who were not in employment to move around the country. The raising of the hut and poll tax also “encouraged” (Leys’ word, he was being ironic) Africans to seek wage labour outside their home areas. Settler estates depended on African labour to function, but recruitment proved difficult. Some settlers resorted to “exceptional violence” in order to get labour, in the words of scholars Bruce Berman and John Lonsdale. “The ferocity and unpredictability of the settler assault on the African population threatened to undermine the whole apparatus of colonial control”. The state had to step in to control labour supply, and did so after World War I when mass forced conscription into the Carrier Corps was seen to have been a “success”. (Some success; 95,000 African porters died.) It was a matter of carrots but more often sticks, as this appalling statement exemplifies:

I always treat my natives the same as I treat my children, I try to be kind to them, and to advise and direct them, but when kindness has no effect you have to do the same as they do in the public schools at home and throughout the empire – cane them. (Lt. Col. J.G. Kirkwood, Legislative Council member, Legco debate, 28 November 1941).

The language of infantilization persists today in the narratives around migrants.

Although the state, including the railway, was the largest single employer in the country at this point, thousands of men moved seasonally between the settler estates and African reserves, where their families tended to remain on the land. But over time, whole families moved to live on settler estates as squatters, and were initially allowed to bring their cattle with them. They grew subsistence crops, while women and children also provided labour to settlers during peak harvest and planting times. By 1931, the number of squatters in the highlands had risen to 113,176, the majority Kikuyu. They occupied one million acres of settler land, some of it land that the Maasai had formerly occupied. Although this arrangement brought some benefits for squatters (for one, it allowed them to expand beyond crowded Kikuyuland, creating a toe-hold that lasts to this day), harsh new laws forced African compliance with government. One of the most hated was the Registration of Natives Ordinance of 1915, which forced all males over the age of 15 to carry a form of identity called the kipande

Over time, settlers became alarmed about the large number of squatter stock on their land, and fearing the diseases that this stock allegedly carried, began forcing squatters and their stock off farms. Resentment at this was among the issues that sowed the seeds of Mau Mau (aka the Land and Freedom Army). “The squatters saw their economic deprivation as linked to their political subordination and it was these two problems that they hoped to eradicate when they took the oath and swore to support the Mau Mau movement,” wrote Tabitha Kanogo in her ground-breaking book Squatters and the Roots of Mau Mau.

Maasai and other forced moves

Some communities were forcibly moved in their thousands, to become internally displaced in other parts of colonial Kenya. The most infamous forced migrations were the Maasai moves following two treaties or “agreements” made between Maasai leaders and British protectorate officials in 1904 and 1911. The moves were ordered to make way for white settlement, first in the central Rift Valley, later in the highlands of Laikipia. Maasai from certain socio-territorial sections (not the Maasai as a whole) were initially moved into two reserves, one in the north, the other in the south on the border with German territory (later Tanganyika and Tanzania).  In 1904, the British promised the Maasai they could keep Laikipia for ever. But only seven years later, under pressure from settlers, they broke their pledge and moved the Maasai again, this time at gunpoint, into an enlarged southern reserve in what is now Narok County.

It is estimated that the Maasai lost up to at least 50 per cent of the territory they had once used, but the figure could be nearer 70 per cent. The losses did not just involve land, but included the loss of good grazing, access to water sources and sacred sites, and the fatal exposure of both humans and livestock to diseases like East Coast fever and malaria, which were unknown in Laikipia in those days. The ripple effects of these events continue to the present day, in agitation by Maasai for the return of lost land or compensation. Neither is likely to materialise, for a variety of reasons.

The language of infantilization persists today in the narratives around migrants.

Fears about Maasai warriors and the assumed threat they posed to Europeans in the early years of colonial rule were remarkably similar to the current rhetoric in Britain, centred on the irrational fear of “hordes of young men of fighting age” arriving on our shores. Not only is their potential (but unproven) violence feared, but also their perceived sexuality – “Lock up your daughters!” is the cry of the anti-migrant Tory right. This is obviously part of a larger racist trope, referred to as the “black peril” in the scholarship on settler colonies, but also prevalent in the USA, especially in the formerly segregated Deep South.

British administrators saw the warriors as a dangerous standing army, which could let rip at any moment. In a discussion of the merits of confining the Maasai to reserves, Protectorate Commissioner Sir Charles Eliot (the equivalent of a governor) wrote to the Foreign Office in 1903: “[Maasai] simplicity, loyalty, and soldierlike qualities inspire a sympathy which makes people forget that a race which regards fighting and raiding as the only occupations for a young man of honour can never be anything but a dangerous race.” He also condemned the warriors’ alleged “immorality”.  In fact, as other officials who knew the Maasai better than Eliot were constantly telling him, they had never attacked Europeans and posed no danger. “And they are not likely to,” wrote Deputy Commissioner Frederick Jackson, “so long as they are treated fairly”. On the contrary, several administrators sympathetic to the Maasai feared that racist South African settlers in the Rift Valley might attack the Maasai if they were not physically separated. For these and other reasons, they were forced into reserves.

Today, the Maasai are not alone in their grievance with historical injustices. The Talai clan of Kericho County, part of the Kipsigis community, has for years sought reparations for forced resettlement. The British evicted them in 1934-36 from the Kipsigis Reserve to an allegedly mosquito-infested valley at Gwassi near Lake Victoria, where they stayed, under supervision, until the mid-1950s. They claim to have been moved to make way for tea plantations, some of which are still owned by UK-based multinationals. A group of Talai wrote to Prince William (elder son of King Charles III) in May this year seeking an apology and his support for reparations. The letter says: “We inherited the pain, you inherited the profit.” They hoped for sympathy from Will “because Kenya is special to him”. Earlier appeals to the British government appear to have received no reply.

Some communities were forcibly moved in their thousands, to become internally displaced in other parts of colonial Kenya.

Historians who have researched Talai history, most particularly the role of ritual leaders or orkoiik, say there is in fact no evidence that the Talai were evicted from land that became tea estates. But they were certainly evicted under colonial laws, said one leading scholar, and “unquestionably have a case”. UN human rights rapporteurs investigated the case and found for the Talai in 2021, which the community hailed as a great victory. However, the UN may have “ordered” the British government to apologise and pay compensation, but that does not mean anything will happen. The Tory government has been a tad preoccupied since Prime Minister Boris Johnson was ousted, and a bitter struggle ensued to replace him.  And since Prince William has no political power or influence, all he can say is pole sana.

The Rwanda scheme is becoming more bogged down by the day. It recently emerged that British ministers who backed the plan were warned months ago, by the government’s own advisor, that Rwanda tortures and kills political opponents. The government wants to keep these comments in a Foreign Office report secret, partly in order not to offend Rwanda. Media houses, including the BBC, are challenging this. The doomed flights are postponed until after a judicial review of the policy at the High Court, London, which began on 5 September and is expected to last five days. President Paul Kagame has also thrown a spanner in the works by announcing, after pocketing the £120 million down-payment, that Rwanda will only take 200 migrants – a drop in the ocean. Patel and the Home Office she previously headed (she resigned on Monday 5 September, hours after Truss’s victory) made a major mistake by not specifying, in the MoU with Rwanda, how many migrants Britain planned to deport. Some of us suspect that our government never intended to carry out the policy in the first place. It was simply red meat thrown to Brexit voters.

This article is part of a series on migration and displacement in and from Africa, co-produced by the Elephant and the Heinrich Boll Foundation’s African Migration Hub, which is housed at its new Horn of Africa Office in Nairobi.

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Dr Lotte Hughes is an historian of Kenya and empire, and a journalist, who has written extensively about Kenya. Her publications include Moving the Maasai: A Colonial Misadventure (2006). Academic profile: https://open.academia.edu/LotteHughes

Politics

Lagos From Its Margins: Everyday Experiences in a Migrant Haven

From its beginnings as a fishing village, Lagos has grown into a large metropolis that attracts migrants seeking opportunity or Internally Displaced Persons fleeing violence.

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Lagos From Its Margins: Everyday Experiences in a Migrant Haven
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Lagos, City of Migrants

From its origins as a fishing village in the 1600s, Lagos has urbanised stealthily into a vast metropolis, wielding extensive economic, political and cultural influence on Nigeria and beyond. Migration in search of opportunities has been the major factor responsible for the demographic and spatial growth of the city as Lagos has grown from 60,221 in 1872 to over 23 million people today. The expansion of the city also comes with tensions around indigene-settler dynamics, especially in accessing land, political influence and urban resources. There are also categories of migrants whose status determines if they can lay hold of the “urban advantage” that relocating to a large city offers.

A major impetus to the evolution of modern Lagos is the migration of diverse groups of people from Nigeria’s hinterland and beyond. By the 1800s, waves of migrants (freed slaves) from Brazil and Freetown had made their way to Lagos, while many from Nigeria’s hinterland including the Ekiti, Nupes, Egbas and Ijebus began to settle in ethnic enclaves across the city. In the 1900s, migrant enclaves were based on socio-economic and/or ethnicity status. Hausas (including returnees from the Burma war) settled in Obalende and Agege, while the Ijaw and Itsekiri settled in waterfront communities around Ajegunle and Ijora. International migrant communities include the Togolese, Beninoise and Ghanaian, as well as large communities of Lebanese and Indian migrants. The names and socio-cultural mix in most Lagos communities derive from these historical migrant trajectories.

Permanent temporalities

A study on coordinated migrations found that, as a destination city, Lagos grew 18.6 per cent between 2000 and 2012, with about 96 per cent of the migrants coming from within Nigeria. While migration to Lagos has traditionally been in search of economic opportunities, new classes of migrants have emerged over the last few decades. These are itinerant migrants and internally displaced persons.

Itinerant migrants are those from other areas of Nigeria and West Africa who travel to work in Lagos while keeping their families back home. Mobility cycles can be weekly, monthly or seasonal. Such migrants have no address in Lagos as they often sleep at their work premises or in mosques, saving all their earned income for remittance. They include construction artisans from Benin and Togo who come to Lagos only when they have jobs, farmers from Nigeria’s northern states who come to Lagos to work as casual labourers in between farming seasons (see box), as well as junior staff in government and corporate offices whose income is simply too small to cover the high cost of living in Lagos.

While people from Nigeria’s hinterland continue to arrive in the city in droves, the wave of West African in-migration has ebbed significantly. This is mostly because of the economic challenges Nigeria is currently facing that have crashed the Naira-to-CFA exchange rates. As a result, young men from Togo, Ghana and Benin are finding cities like Dakar and Banjul more attractive than Lagos.

Photo. Taibat Lawanson

Photo. Taibat Lawanson

Aliu* aka Mr Bushman, from Sokoto, Age 28

Aliu came to Lagos in 2009 on the back of a cattle truck. His first job was in the market carrying goods for market patrons. He slept in the neighbourhood mosque with other young boys. Over the years, he has done a number of odd jobs including construction work. In 2014, he started to work as a commercial motorcyclist (okada) and later got the opportunity to learn how to repair them. He calls himself an engineer and for the past four years has earned his income exclusively from riding and repairing okada. Even though he can afford to rent a room, he currently lives in a shared shack with seven other migrants.

He makes between N5000 and N8000 weekly and sends most of it to his family through a local transport operator who goes to Sokoto weekly. His wife and three children are in the village, but he would rather send them money than bring them to Lagos. According to him, “The life in Lagos is too hard for women”.

Since he came to Lagos thirteen years ago, Aliu has never spent more than four months away from Sokoto at a time. He stays in Sokoto during the rainy season to farm rice, maize and guinea corn, and has travelled back home to vote every time since he came to Lagos.

 

The second category of migrants are those who have been displaced from their homesteads in Northern Nigeria by conflict, either Boko Haram insurgency or invasions by Fulani herdsmen. The crises have resulted in the violent destruction of many communities, with hundreds of thousands killed and many more forced to flee. With many who initially settled in camps for Internally Displaced Persons (IDP) dissatisfied with camp conditions, the burden of protracted displacement is now spurring a new wave of IDP migration to urban areas. Even though empirical data on the exact number of displaced persons migrating out of camps to cities is difficult to ascertain, it is obvious that this category of migrants are negotiating their access to the city and its resources in circumstances quite different from those of other categories of migrants.

IDPs as the emerging migrant class in Lagos 

According to the United Nations High Commission for Refugees, two of every three internally displaced persons globally are now living in cities. Evidence from Nigeria suggests that many IDPs are migrating to urban areas in search of relative safety and resettlement opportunities, with Lagos estimated to host the highest number of independent IDP migrants in the country. In moving to Lagos, IDPs are shaping the city in a number of ways including appropriating public spaces and accelerating the formation of new settlements.

There are three government-supported IDP camps in the city, with anecdotal evidence pointing to about eighteen informal IDP shack communities across the city’s peri-urban axis. This correlates with studies from other cities that highlight how this category of habitations (as initial shelter solutions for self-settled IDPs) accelerate the formation of new urban informal settlements and spatial agglomerations of poverty and vulnerability.

While people from Nigeria’s hinterland continue to arrive in the city in droves, the wave of West African in-migration has ebbed significantly.

IDPs in Lagos move around a lot. Adamu, who currently lives in Owode Mango—a shack community near the Lagos Free Trade zone—and has been a victim of forced eviction four times said, “As they [government or land owners] get ready to demolish this place and render us homeless again, we will move to another area and live there until they catch up with us.”

In the last ten years, there has been an increase in the number of homeless people on the streets of Lagos—either living under bridges, in public parks or incomplete buildings. Many of them are IDPs who are new migrants, and unable to access the support necessary to ease their entry into the city’s established slums or government IDP camps. Marcus, who came from Adamawa State in 2017 and has been living under the Obalende Bridge for five years, said, “I am still managing, living under the bridge. I won’t do this forever, my life will not end like this under a bridge. I hope to one day return to my home and continue my life”.

Blending in or not: Urban integration strategies 

Urban integration can be a real challenge for IDP migrants. Whereas voluntary migrants are often perceived to be legal entrants to the city and so can lay claim to urban resources, the same cannot be said about IDPs. Despite being citizens, and despite Nigeria being a federation, IDPs do not have the same rights as other citizens in many Nigerian cities and constantly face stigmatisation and harassment, which reinforces their penchant for enclaving.

The lack of appropriate documentation and skillsets also denies migrants full entry into the socio-economic system. For example, Rebekah said: “I had my WAEC [Senior Secondary school leaving certificate] results and when Boko Haram burnt our village, our family lost everything including my certificates. But how can I continue my education when I have not been able to get it? I have to do handwork [informal labour] now”. IDP children make up a significant proportion of out-of-school children in Lagos as many are unable to get registered in school simply because of a lack of address.

Most IDPs survive by deploying social capital—especially ethnic and religious ties. IDP ethnic groupings are quite organized; most belong to an ethnic-affiliated group and consider this as particularly beneficial to their resettlement and sense of identity in Lagos. Adamu from Chibok said, “When I come to Lagos in 2017, I come straight to Eleko. My brother [kinsman] help me with house, and he buy food for my family. As I no get work, he teach me okada work wey he dey do.”

The crises have resulted in the violent destruction of many communities, with hundreds of thousands killed and many more forced to flee.

Interestingly, migration to the city can also be good for women as many who were hitherto unemployed due to cultural barriers are now able to work. Mary who fled Benue with her family due to farmer-herder clashes explained, “When we were at home [in Benue], I was assisting my husband with farming, but here in Lagos, I have my own small shop where I sell food. Now I have my own money and my own work.”

Need for targeted interventions for vulnerable Lagosians

“Survival of the fittest” is an everyday maxim in the city of Lagos. For migrants, this is especially true as they are not entitled to any form of structured support from the government. Self-settlement is therefore daunting, especially in light of systemic limiting factors.

Migrants are attracted to big cities based on perceived economic opportunities, and with limited integration, their survival strategies are inevitably changing the spatial configurations of Lagos. While the city government is actively promoting urban renewal, IDP enclaving is creating new slums. Therefore, addressing the contextualised needs of urban migrant groups is a sine qua non for inclusive and sustainable urban development.

“I am still managing, living under the bridge. I won’t do this forever, my life will not end like this under a bridge. I hope to one day return to my home and continue my life”.

There is an established protocol for supporting international refugees. However, the same cannot be said for IDPs who are Nigerian citizens. They do not enjoy structured support outside of camps, and we have seen that camps are not an effective long-term solution to displacement. There is a high rate of IDP mobility to cities like Lagos, which establishes the fact that cities are an integral part of the future of humanitarian crisis. Their current survival strategies are not necessarily harnessing the urban advantage, especially due to lack of official recognition and documentation. It is therefore imperative that humanitarian frameworks take into account the role of cities and also the peculiarities of IDP migrations to them.

Lagos remains a choice destination city and there is therefore need to pay more attention to understanding the patterns, processes and implications of migration into the city. The paucity of migration-related empirical data no doubt inhibits effective planning for economic and social development. Availability of disaggregated migration data will assist the state to develop targeted interventions for the various categories of vulnerable Lagosians.  Furthermore, targeted support for migrant groups must leverage existing social networks, especially the organised ethnic and religious groups that migrants lean on for entry into the city and for urban integration.

*All names used in this article are pseudonyms

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Politics

It’s a Nurses’ Market Out There, and Kenyans Are Going For It

Nurses are central to primary healthcare and unless Kenya makes investments in a well-trained, well supported and well-paid nursing workforce, nurses will continue to leave and the country is unlikely to achieve its Sustainable Development Goals in the area of health and wellbeing for all.

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It’s a Nurses’ Market Out There, and Kenyans Are Going For It
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Nancy* is planning to leave Kenya. She wants to go to the United States where the nursing pastures are supposedly greener. I first met Nancy when the country was in the throes of the COVID-19 pandemic that tested Kenya’s healthcare system to breaking point. She was one of a cohort of recently graduated nurses that were hastily recruited by the Ministry of Health and thrown in at the deep end of the pandemic. Nancy earns KSh41,000 net with no other benefits whatsoever, unlike her permanent and pensionable colleagues.

When the then Labour and Social Protection Cabinet Secretary Simon Chelugui announced in early September 2021 that the government would be sending 20,000 nurses to the United Kingdom to help address the nursing shortage in that country, Nancy saw her chance. But her hopes were dashed when she failed to raise the KSh90,000 she needed to prepare and sit for the English language and nursing exams that are mandatory for foreign-trained nurses. Nancy would also have needed to pay the Nursing Council of Kenya KSh12,000 for the verification of her documents, pay the Kenya Medical Training College she attended KSh1,000 in order to get her exam transcripts, and apply for a passport, the minimum cost of which is KSh4,550 excluding the administrative fee. Nancy says that, contrary to then Health Cabinet Secretary Mutahi Kagwe’s disputed claims that a majority of applicants to the programme had failed the English language test, most nurses simply could not afford the cost of applying.

Of the targeted 20,000 nurses, the first 19 left Kenya for the UK in June 2022. But even that paltry figure represents a significant loss for Kenya, a country where the ratio of practicing nurses to the population is 11.66 per 10,000. The WHO considers countries with less than 40 nurses and midwives for every 10,000 people to not have enough healthcare professionals. Nearly 60 per cent of all healthcare professionals (medical physicians, nursing staff, midwives, dentists, and pharmacists) in the world are nurses, making them by far the most prevalent professional category within the health workforce. Nurses offer a wide range of crucial public health and care services at all levels of healthcare facilities as well as within the community, frequently serving as the first and perhaps the only healthcare provider that people see.

Kenya had 59,901 nurses/midwives in 2018, rising to 63,580 in 2020. Yet in 2021, Kenya was proposing to send almost a third of them to the UK to “address a shortfall of 62,000 in that country”.

The growing shortage of nurses in the UK has been blamed on the government’s decision to abolish bursaries and maintenance grants for nursing students in 2016, leading to a significant drop in the number of those applying to train as nurses. Consequently, the annual number of graduate nurses plummeted, reaching the current low of 31 nurses per 100,000 people, below the European average of 36.6 and half as many as in countries like Romania (96), Albania (82) and Finland (82). Facing pressure to recruit 50,000 nurses amid collapsing services and closures of Accident & Emergency, maternity and chemotherapy units across the country, the UK government decided to once again cast its net overseas. Established in 1948, the UK’s National Health Service (NHS) has relied on foreign healthcare workers ever since staff from the Commonwealth were first brought in to nurse back to health a nation fresh out of the Second World War.

The UK government’s press release announcing the signing of the Bilateral Agreement with Kenya states that the two countries have committed  “to explore working together to build capacity in Kenya’s health workforce through managed exchange and training” and goes as far as to claim that “with around only 900 Kenyan staff currently in the NHS, the country has an ambition to be the ‘Philippines of Africa’ — with Filipino staff one of the highest represented overseas countries in the health service — due to the positive economic impact that well-managed migration can have on low to middle income countries.”

It is a dubious ambition, if indeed it has been expressed. The people of the Philippines do not appear to be benefiting from the supposed increase in capacity that the exchange and training is expected to bring. While 40,000 of their nurses worked in the UK’s National Health Service last year, back home, according to Filipino Senator Sonny Angara, “around 7 of 10 Filipinos die without ever seeing a health professional and the nurse to patient ratio in our hospitals remains high at 1:50 up to 1:802”.

Since 2003 when the UK and the government of the Philippines signed a Memorandum of Understanding on the recruitment of Filipino healthcare professionals, an export-led industry has grown around the training of nurses in the Philippines that has attracted the increased involvement of the private sector. More nursing institutions — that have in reality become migrant institutions — are training nurses specifically for the overseas market, with the result that skills are matched to Western diseases and illnesses, leaving the country critically short of healthcare personnel. Already, in 1999, Filipino doctors had started retraining as nurses and leaving the country in search of better pay.

It is difficult, then, to see how the Philippines is an example to emulate. Unless, of course, beneath the veneer of “partnership and collaboration in health”, lies the objective of exporting Kenyan nurses with increased diaspora remittances in mind – Kenyans in the UK sent KSh28.75 billion in the first nine months of 2022, or nearly half what the government has budgeted for the provision of universal health care to all Kenyans. If that is the case, how that care is to be provided without nurses is a complete mystery.

Already in 1999, Filipino doctors had started retraining as nurses and leaving the country in search of better pay.

For the UK, on the other hand, importing nurses trained in Kenya is a very profitable deal. Whereas the UK government “typically spends at least £26,000, and sometimes far more, on a single nurse training post”, it costs only £10,000 to £12,000 to recruit a nurse from overseas, an externalization of costs that commodifies nurses, treating them like goods to be bought and sold.

However, in agreeing to the terms of the trade in Kenyan nurses, the two governments are merely formalizing the reality that a shortage of nurses in high-income countries has been driving the migration of nurses from low-income countries for over two decades now. Along with Ghana, Nigeria, South Africa and Zimbabwe, Kenya is one of the top 20 countries of origin of foreign-born or foreign-trained nurses working in the countries of the OECD, of which the UK is a member state.

Faced with this reality, and in an attempt to regulate the migration of healthcare workers, the World Health Assembly adopted the WHO Global Code of Practice on the Recruitment of Health Personnel in May 2010. The code, the adherence to which is voluntary, “provides ethical principles applicable to the international recruitment of health personnel in a manner that strengthens the health systems of developing countries, countries with economies in transition and small island states.”

Article 5 of the code encourages recruiting countries to collaborate with the sending countries in the development and training of healthcare workers and discourages recruitment from developing countries facing acute shortages. Given the non-binding nature of the code, however, and “the severe global shortage of nurses”, resource-poor countries, which carry the greatest disease burden globally, will continue to lose nurses to affluent countries. Wealthy nations will inevitably continue luring from even the poorest countries nurses in search of better terms of employment and better opportunities for themselves and their families; Haiti is on the list of the top 20 countries supplying the OECD region.

“Member States should discourage active recruitment of health personnel from developing countries facing critical shortages of health workers.”

Indeed, an empirical evaluation of the code four years after its adoption found that the recruitment of health workers has not undergone any substantial policy or regulatory changes as a direct result of its introduction. Countries had no incentive to apply the code and given that it was non-binding, conflicting domestic healthcare concerns were given the priority.

The UK’s Department of Health and Social Care (DHSC) has developed its own code of practice under which the country is no longer recruiting nurses from countries that the WHO recognizes as facing health workforce challenges. Kenya was placed on the UK code’s amber list on 11 November 2021, and active recruitment of health workers to the UK was stopped “with immediate effect” unless employers had already made conditional offers to nurses from Kenya on or before that date. Presumably, the Kenyan nurses who left for the UK in June 2022 fall into this category.

In explaining its decision, the DHSC states that “while Kenya is not on the WHO Health Workforce Support & Safeguards List, it remains a country with significant health workforce challenges. Adding Kenya to the amber list in the Code will protect Kenya from unmanaged international recruitment which could exacerbate existing health and social care workforce shortages.”

The WHO clarifies that nothing in its Code of Practice should be interpreted as curtailing the freedom of health workers to move to countries that are willing to allow them in and offer them employment. So, even as the UK suspends the recruitment of Kenyan nurses, they will continue to find opportunities abroad as long as Western countries continue to face nurse shortages. Kenyan nurses will go to the US where 203,000 nurses will be needed each year up to 2026, and to Australia where the supply of nursing school graduates is in decline, and to Canada where the shortage is expected to reach 117,600 by 2030, and to the Republic of Ireland which is now totally dependent on nurses recruited from overseas and where working conditions have been described as “horrendous”.

“Adding Kenya to the amber list in the Code will protect Kenya from unmanaged international recruitment which could exacerbate existing health and social care workforce shortages.”

Like hundreds of other Kenyan-trained nurses then, Nancy will take her skills overseas. She has found a recruitment agency through which to apply for a position abroad and is saving money towards the cost. She is not seeking to move to the UK, however; Nancy has been doing her research and has concluded that the United States is a much better destination given the more competitive salaries compared to the UK where nurses have voted to go strike over pay and working conditions. When she finally gets to the US, Nancy will join Diana*, a member of the over 90,000-strong Kenyan diaspora, more than one in four of whom are in the nursing profession.

Now in her early 50s, Diana had worked for one of the largest and oldest private hospitals in Nairobi for more than 20 years before moving to the US in 2017. She had on a whim presented her training certificates to a visiting recruitment agency that had set up shop in one of Nairobi’s high-end hotels and had been shortlisted. There followed a lengthy verification process for which the recruiting agency paid all the costs, requiring Diana to only sign a contract binding her to her future US employer for a period of two years once she had passed the vetting process.

Speaking from her home in Virginia last week, Diana told me that working as a nurse in the US “is not a bed of roses”, that although the position is well paying, it comes with a lot of stress. “The nurse-to-patient ratio is too high and the job is all about ticking boxes and finishing tasks, with no time for the patients,” she says, adding that in such an environment fatal mistakes are easily made. Like the sword of Damocles, the threat of losing her nursing licence hangs over Diana’s head every day that she takes up her position at the nursing station.

“The nurse-to-patient ratio is too high and the job is all about ticking boxes and finishing tasks, with no time for the patients.”

Starting out as an Enrolled Nurse in rural Kenya, Diana had over the years improved her skills, graduating as a Registered Nurse before acquiring a Batchelor of Science in Nursing from a top private university in Kenya, the tuition for which was partially covered by her employer.

Once in the US, however, her 20 years of experience counted for nothing and she was employed on the same footing as a new graduate nurse, as is the case for all overseas nurses moving to the US to work. Diana says that, on balance, she would have been better off had she remained at her old job in Kenya where the care is better, the opportunities for professional growth are greater and the work environment well controlled. But like many who have gone before her, Diana is not likely to be returning to Kenya any time soon.

*Names have been changed.

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Why Azimio’s Presidential Petition Stood No Chance

In so far as the court had nullified the 2017 elections, the evidential threshold required for any subsequent electoral nullification was going to be substantially high for any petitioner.

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Why Azimio’s Presidential Petition Stood No Chance
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Even before the 9 August general election, it was expected that the loser of the Kenyan presidential contest would petition the Supreme Court to arbitrate over the outcome. Predictably, the losing party, Azimio La Umoja-One Kenya Coalition, petitioned the court to have William Ruto’s win nullified on various procedural and technical grounds. Azimio’s case was predicated on, among others, three key allegations. First, that William Ruto failed to garner the requisite 50 per cent plus one vote. Second, that the Independent Electoral and Boundaries Commission (IEBC) chairman Wafula Chebukati had announced the outcome without tallying and verifying results from seven constituencies. Finally, that the commission could not account for 250,000 votes that were cast electronically.

As we know, Azimio lost the case as the judges dismissed all the nine petitions that the party had filed, unanimously finding that William Ruto had won fairly.

Adjudicating electoral fallouts

Since its inception in 2010, the Supreme Court has played a decisive role in adjudicating fallouts linked to contentious presidential politics in Kenya, with the court deliberating on the outcome of three out of the four presidential elections held after its inauguration. Prior to this, the losing party had no credible institutional mechanism of redress and electoral disputes were generally resolved through mass political action (as in 2007) or consistent questioning of the legitimacy of the winner (as in 1992 and 1997).

The Supreme Court’s presence has, therefore, been crucial in providing losers with an institutionalised mechanism to channel dissent, with the court operating as a “safety valve” to diffuse political tensions linked to presidential elections. It is, hence, impossible to conceive of the relatively peaceful elections held in 2013, 2017 and 2022 without the Supreme Court whose mere presence has been key in discouraging some of the more deadly forms of political rivalry previously witnessed in Kenya.

Relentless petitioning

While the Azimio leadership were right to petition the court in the recent election, first because this successfully diffused the political tensions among their supporters, and second because the court was expected to provide directions on IEBC conduct in future elections, it was clear that Raila Odinga’s relentless petitioning of the court in the previous two elections, and the nullification of the 2017 elections, was in essence going to be a barrier to a successful petition in 2022.

In so far as the court had nullified the 2017 elections, the evidential threshold required for any subsequent electoral nullification was going to be substantially high for any petitioner. The relentless petitioning of the court and the nullification of the 2017 elections had in essence raised the bar for the burden of proof, which lay with the petitioner(s) and, therefore, reduced the probability of a successful petition.

The Supreme Court’s presence has been crucial in providing losers with an institutionalised mechanism to channel dissent.

The reason for this is both legal and political. Legal in the sense that the IEBC is expected to conduct the elections under the law, which, among other issues, requires that the electoral process be credible and the results verifiable before any certification is made, otherwise the election is nullified, as was the case in 2017. It is political because the power to select the president is constitutionally, hence politically, delegated to the Kenyan people through the ballot, unless electoral fraud infringes on this, again as was the case in 2017.

The court in its deliberation must, therefore, balance the legal-political trade-off in its verdict in search of a plausible equilibrium. For instance, while the majority of Azimio supporters had anticipated a successful petition based on the public walkout and dissent by the four IEBC commissioners, it seems that the decision to uphold the results displayed the court’s deference to political interpretation of the law by issuing a ruling that did not undermine the Kenyan voters’ right to elect their president.

While the settlement of legal-political disputes by a Supreme/Constitutional court is a common feature across democracies, and continuously being embedded in emerging democracies like Kenya, it does seem that in this election, the political motivations for upholding the vote outweighed the legal motivations for nullifying it. In essence, the court demonstrated its institutional independence by ruling against the Kenyatta-backed Azimio candidate due to insufficient evidence.

Supreme Court power grab 

A counterfactual outcome where the evidential threshold for the nullification of presidential results is low would foster a Supreme Court power grab, in lieu with the 2017 nullification, by marginalising the sovereign will of Kenyans to elect their president.

In many ways, nullification of the results would also have incentivised further adversarial political behaviour where every electoral outcome is contested in the Supreme Court even when the outcome is relatively clean, as in the case of the 2022 elections.

It is this reason (among others) that we think underlined the Supreme Court justices’ dismissal of Azimio’s recent petition. The justices ultimately dismissed the evidence presented by the petitioners as “hot air, outright forgeries, red herring, wild goose chase and unproven hypotheses”, setting a clear bar for the standard of evidence they expect in order to deliberate over such an important case in the future.

In essence, the court demonstrated its institutional independence by ruling against the Kenyatta-backed Azimio candidate due to insufficient evidence.

Since the earth-shaking nullification of the 2017 elections, the Supreme Court transcended an epoch, more political than legal by “invading” the sovereign space for Kenyans to elect their president, thereof setting a precedence that any future successful petition to contest a presidential election requires watertight evidence.

In a sense, Azimio were victims of Odinga’s judicial zealotry and especially the successful 2017 petition. In so far as the evidence submitted to the Supreme Court by Azimio in 2022 was at the same level or even lower than the 2017 base, their case at the Supreme Court was very likely to be dismissed and even ridiculed as the justices recently did.

The precedent set by the 2022 ruling will, actually, yield two positive political outcomes. First, it will in the future weed out unnecessary spam petitions that lack evidence and rather increase needless political tensions in the country. Second, it has signalled to future petitioners, that serious deliberations will only be given to petitions backed by rock-solid evidence.

Missed opportunity

From the recent ruling, it is evident that the judgement fell far below the precedent set in 2017. The 2017 Supreme Court ruling that the IEBC should make the servers containing Form 34A publicly available, was crucial in improving the credibility of the 2022 elections, by democratising the tallying process. At a minimum, the expectation was that the justices would provide a directive on the recent public fallout among the IEBC commissioners with regard to future national tallying and announcement of presidential results.

By dismissing the fallout as a mere corporate governance issue, the justices failed to understand the political ramifications of the “boardroom rupture”. What are we to do in the future if the IEBC Chair rejects the results and the other commissioners validate the results as credible?

Additionally, by ridiculing the petitioners as wild goose chasers and dismissing the evidence as “hot air”, the justices failed to maintain the amiable judicial tone necessary to decompress and assuage the bitter grievances among losers in Kenya high-octane political environment.

In a sense, Azimio were victims of Mr Odinga’s judicial zealotry and especially the 2017 successful petition.

The Supreme Court ought to resist the temptations of trivializing electoral petitions, as this has the potential of triggering democratic backsliding, where electoral losers might opt for extra-constitutional means of addressing their grievances as happened in December 2007. It is not in the petitioners’ place to ascertain whether their evidence is “hot air” or not, but for the court to do so, and in an amiable judicial tone that offers reconciliation in a febrile political environment.

The precedent set by the 2017 ruling that clarified the ambiguities related to the IEBC’s use of technology to conduct elections, set an incremental pathway towards making subsequent elections credible and fair, and increased public trust in the key electoral institutions in Kenya.

The justices, therefore, need to understand that their deliberations hold weight in the public eye and in the eyes of political leaders. Therefore, outlining recommendations to improve the IEBC’s conduct in future elections is a bare minimum expectation among Kenyans. In this case, while they provided some recommendations, they failed to comprehensively address the concerns around the walk-out by the four IEBC commissioners.

At the minimum, chastising the IEBC conduct was necessary to consolidate the electoral gains made thus far but also recalibrate institutional imperfections linked to how elections are to be conducted and, especially, contestations around the role of the commissioners in the national tallying of results in the future.

This article is part of our project on information and voter behaviour in the 2022 Kenyan elections. The project is funded by the Centre for Governance and Society, Department of Political Economy, King’s College London.

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