Sometimes when I see an acacia tree, if the location is just right, I am transported back to my first home. For a moment, despite the heat and the dust, I see another scene, a rocky hillside brown with heather and a different kind of tree, a Scots Pine. My two homes, the highlands of Scotland, where I grew up, and the place where I now live, the dusty acacia plains of northern Kenya, are very different; one is cold and wet the other hot and dry. Yet there are similarities that go far beyond the obvious differences.
The Scottish highlands are a beautiful but harsh land. Comprising most of the north and western part of Scotland, an area bigger than some European countries (Holland and Belgium are both smaller), the land is made of mountains and glens, lochs and moors. It is deeply incised by sea lochs along its jagged coastline and includes a mass of island, large and small, spreading out from the mainland coast into the Atlantic Ocean. Despite the wild beauty, it has never been an easy place to make a life. Long winters and short, cold and wet summers combine with poor soil to make eking out a livelihood hard work. People who live off this land do so today much as they have always done, with hardy livestock and by growing seasonal crops when the weather allows.
During colonisation, the British took the best of the pastoralist lands of central and northern Kenya and placed the rest under lockdown – akin to martial law – to restrain the “heathen savages” in the Northern Frontier District. Much the same had happened in the highlands of Scotland centuries before.
The fundamentals of surviving a harsh environment in land on the margins of productivity are similar in the Scottish highlands and in the semi-arid areas of northern Kenya. To live in either place requires a tough kind of people who place a high value on community – because working together is essential to surviving the hard times. Both places have been largely ignored by successive governments and often left to the mercy of those that would take anything of value for themselves. This has resulted in a lingering sense of injustice that has, over the years, been the instigator of violence and a deep-seated resentment.
During colonisation, the British took the best of the pastoralist lands of central and northern Kenya and placed the rest under lockdown – akin to martial law – to restrain the “heathen savages” in the Northern Frontier District. Much the same had happened in the highlands of Scotland centuries before. Horrified by the persistent resistance to British rule by highland clans, the highlanders were subjected to one draconian measure after another, all aimed at reducing the power of the clan system and eradicating their culture, language and social cohesion. The culmination of this was the Highland Clearances of the late 18th century.
Then, as now, most of Scotland was owned by relatively few individuals, this being particularly true of the highlands. The Highland Clearances were a widespread action by landowners to move the people off their lands to make way for sheep. Land that had been worked and grazed by the local people was to be cleared of their homes, crop fields and livestock and given over exclusively to sheep farming, managed on a large scale. Landowners believed that there would be great profits to be made from sheep farming and were happy to enrich themselves at the expense of the local population, who were made homeless and destitute as a result. The landowners were supported by the British establishment, which was glad to be finally rid of a people who had so doggedly refused to be subjugated. There are those who see the Highland Clearances as little more than an exercise in ethnic cleansing.
Even now the highlands of Scotland are one of the least developed parts of Europe and have the lowest life expectancy in the region. The land is still carved up into huge estates owned by a few individuals and, until recently, little had been done to address past injustices or to acknowledge present ones. In this, as in the harsh beauty of the landscape, or the tough friendless of the people, I see many similarities between the Scottish highlands and the rangelands of the northern half of Kenya.
My father-in-law (a Laikipia Maasai) will tell you that, in the run up to independence, the Maasai believed that as soon as the country was handed back to Kenyans, they would get their Laikipia land back. All the land that had been taken over by colonialsts, and made into farms and ranches, would be theirs again to graze their livestock. However, when the time came, Jomo Kenyatta said “hakuna cha bure; lazima watu wafanye kazi” (there is nothing for free; you must work for it). My father-in-law says that when, after independence, they tried to take their cattle onto the ranches they were chased off by men on horses. Abruptly their optimism about independence came to an end. For them nothing had really changed, except that now, instead of being told that they could not graze on their land by a colonial government, they were hearing it from a Kenyan government.
If the story of the highlands tells us anything, it is that time will not, on its own, make feelings of injustice go away; if 300 years is not enough time in Scotland, we can’t expect little more than 50 years to do the trick in Kenya.
The land issue in Laikipia was further complicated by the Kenyatta’s government when it resettled Kikuyus there, some of whom were displaced from other areas. The lands they were settled on were mostly lands that were given up at independence and sold back to the government. Many of these plots are the small- to medium-sized farms of the people who make up Laikipia’s Kikuyu population today.
However, according to the Laikipia Unity and Land Initiative, there are approximately 230,000 acres of land that still largely remain unsettled by their 85,000 owners. This land has since been squatted on by small-scale farmers or makes up much of what is today’s open pasture land. Over the years since independence, much of the best land in Laikipia found its way into the hands of politicians and their supporters. Some was retained, some sold on. Many plots in Laikipia have been accumulated in recent years to form the large agricultural farms whose white plastic tunnels now fill vast acres. Kenyan companies own some of these businesses but many belong to foreign businesses or large multinationals.
Despite all the changes that come with time, historical injustices tend to fester and breach trust in modern societies long after they were perpetrated. They should not be ignored. However, we cannot just wipe out hundreds of years of history, or all the people who have lived through them, and reset things to some point in the past. For a start, which point in the past would you chose? The problem with land rights based on historical occupation is that, if you go back far enough, you can always find someone who was there before you.
The laws of the land
Modern Laikipia has a wide range of land uses and a diversity of people. There are small plots producing a few vegetables for sale and large farms that are part of international businesses; there is traditional pastoralism and modern cattle ranches, ranches dedicated to tourism, privately-owned conservation areas and multi-use group ranches owned by communities. The inhabitants are Kenyan, European, American and Asian. The Kenyans you meet will tell you they are Kikuyu, Meru, Maasai, Turkana, Samburu, Pokot, Somali and White (is that a Kenyan tribe now too?). Just as the background to the land issues in Laikipia are complex, so are the backgrounds and livelihoods of its population.
Land ownership today, in places like Laikipia or the Scottish highlands, however, it might have started out, is now based on laws agreed upon by the people’s representatives of the country. They have not been forced upon us by outsiders. In Kenya, even if the laws originated in colonial times, they have been continued by Kenyans. Whether we agree with them or not they are now Kenyan laws, passed or adopted by Kenyan legislators. The dream of grabbing land owned by white ranchers, or anyone else, in Laikpia or elsewhere, is not restitution. It is an act against the laws of this country and, therefore, against the collective will of the people that the laws are meant to represent. It is not a question of whether land issues exist or whether they should be resolved. Rather, it is a question of how that is to be done.
Accepting that most current land holdings in Laikipia are legally owned doesn’t mean that a few people owning huge tracts of land is in the best interests of society. Especially when inequality is shown time and again to have a greater negative impact than poverty. It doesn’t mean we should simply ignore problems we have inherited from past governments, colonial or post-colonial. We must tackle them, but we should do so from within today’s legal framework, including, if necessary, using the systems in place to change laws that are not in the best interest of the society they are intended to serve.
The scars of past injustices have left a mark on highland society that can be felt even now, so many years later. In part this is because to this day the majority of the highlands is still owned by relatively few individuals. While in other parts of the United Kingdom and Europe large aristocratic lands have been broken up, and those that live on the land have come, in different ways, to be not just vassals or tenants but owners, this did not happen in Scotland.
Research by Andy Wightman (a prominent land reform campaigner and author of Who Owns Scotland) has shown that half of Scotland is still owned by no more than 500 people. Some of the large estates have passed from one generation to another, and others have been sold on, but they remain intact. Which, according to academic and land reformer Jim Hunter, equates to “the most concentrated pattern of land ownership in the developed world”. The highlands have been for many years a rich man’s playground. Often the owners are absentee landlords with little interest in the welfare of their tenants, just turning up for a week or two each year to shoot some wildlife and then leave again.
With control over how the county budget is allocated, and with the ability to establish local and international partnerships that benefit their constituents, devolved counties could make community land ownership a realistic option.
If the story of the highlands tells us anything, it is that time will not, on its own, make feelings of injustice go away; if 300 years is not enough time in Scotland, we can’t expect little more than 50 years to do the trick in Kenya. The only thing that will make feelings of injustice go away is to deal with them.
Devolution and partnerships
Scottish devolution has been the impetus for people in the highlands to start addressing past injustices, and to deal with the current inequitable land distribution. Since the mid-1990s there has been a movement in the Scottish highlands for communities to buy out large landowners. Driven initially by communities where the landowner’s extreme neglect and mismanagement put the livelihood of the whole community at risk, it became a beacon of hope as a way to address this deeply rooted problem.
In 1997 a referendum on devolution gave Scotland its own government. While still part of the United Kingdom, the Scottish government has taken over responsibility for the day-to-day running of Scotland, including, among other things, the economy, education, transport, health, taxation and justice. With devolution came an extensive review of Scottish land laws and an acknowledgement of the land issues facing many Scots.
The Highlands and Islands Council led the initial push to provide government support for community buy-outs. Councils in Scotland are local authorities run by elected councillors and are responsible for providing a range of public services. Councillors can have a strong influence on their local area as they have a large say in how public resources are managed. The Highlands and Islands Council set up a land unit to provide technical advice and financial support to communities that wanted to embark on community land ownership. Technical and legal advice was important, but money was the biggest problem for communities wanting to buy out landowners. The Assynt community, which completed its buy-out in 1993, received a relatively modest donation from the Highlands and Islands Council of £10,000. The rest of the £300,000 came mostly from private donations. By 2002, when the Gigha community bought out their island for £4 million, they had a Scottish Land Fund grant of £3.5 million (£1 million of which had to be repaid within two years) and a £0.5 million grant from Highlands and Islands Enterprise (the economic development agency for the area). For several years the Scottish Land Fund was supported charitably by the National Lottery Fund but in 2012 the Scottish government established a fund offering government finance as well.
Without providing support for land management, education and funding for development, community buy-outs would do little to improve the lives of pastoralists.
The Scottish Land Fund states that its objectives are “to support communities to become more resilient and sustainable through the ownership and management of land, buildings and associated assets”. The Fund has a budget of £10 million a year to do this and provides extensive support to help communities build the capacity they need to deal with their many challenges.
The Scottish example shows us different ways in which a community can own land. Communities have taken ownership of land as trusts, limited companies or partnerships. The definition of community has also varied; in some cases the community is established as being only tenants of the land, in others it has been all the people living in the area. Some buy-outs have been undertaken in conjunction with the local government, or organisations such as conservation or wildlife bodies. In one case, a community purchased a 22,228-hectare hunting estate in partnership with a businessman who purchased the high value assets – a castle and salmon fishing rights.
In most cases, support from outside the community has been vitally important in making the purchase happen. This is a way in which the government, other organisations, or even individuals, can help to restore balance to societies affected by past and present land injustice. It is also important to state that these are not forced land sales. When a community wishes to undertake a buy-out, it informs the government and, if the proposal complies with the regulations (2003 Land Reform (Scotland) Act), the government will inform the landowner and a prohibition is put on the sale or disposal of the land. Effectively, this means that if the landowner wishes to sell or dispose of the land, the community has the right to buy it. The price is established by the government at market value.
The Northern Rangeland Trust (NRT) offers a framework where communities on public land can start to get involved with managing the land that they live on. This has been so effective in many cases that people tend to forget that neither NRT nor the community actually own the land.
The results of such community land purchases in Kenya could look a lot like current group ranch ownership. Many of these group ranches have partnered with individuals or businesses to develop tourism on the ranch and, in the case of a community buy-out, could help to provide some of the funding. Devolved county governments could also set up initiatives to support communities similar to those initiated by the Highland Council. With control over how the county budget is allocated, and with the ability to establish local and international partnerships that benefit their constituents, devolved counties could make community land ownership a realistic option.
Land reform and management
The Northern Rangeland Trust (NRT) offers a framework where communities on public land can start to get involved with managing the land that they live on. This has been so effective in many cases that people tend to forget that neither NRT nor the community actually own the land. The legal status of the land has not changed; it is still public land held in trust by the county and, as such, still at the mercy of political ambition, corruption or simply the tragedy of the commons.
Which brings us to another important point. Land reform in Kenya must be accompanied by support for land management. The ranch invasions in Laikipia are at least in part due to the severe and widespread degradation of the vast rangelands of northern Kenya. The public lands of northern Kenya dwarf the private ranches in Laikipia, and though parts of Laikipia have been for generations an important dry season resource, they are by no means the only ones. Other dry season resources have been so over-grazed that every year now looks like a drought year. Without providing support for land management, education and funding for development, community buy-outs would do little to improve the lives of pastoralists.
It is often said that before colonisation, or the arrival of neo-colonial aid and conservation bodies, pastoralists and other indigenous people were excellent custodians of the land. What is generally forgotten is that in those days there were far fewer people and the effect they had on the environment, for good or bad, was a lot less significant. With the massive increase in population in Kenya, especially in the north, as well as the effects of climate change, traditional practices can no longer be counted on to be beneficial or harmless. Established group ranches are witnessing this first-hand. What, at the time of formation, was a vast land is now overcrowded, without enough resources to support the ever-increasing community. New management methods for land and livestock are essential.
We do not lack the knowledge or the skills to tackle the issues left by past, or even current, land injustices. Neither do we lack the knowledge or skills to check the destruction of the rangelands that so many people rely on. We even know how to bring them back to past glories and to develop a livestock industry that can be so much more profitable and productive than our present one. We can make these things happen. We can change our own practices and improve our land, we can work together as communities to deal with grazing issues and we can put pressure on our political representatives to help us address land injustices and inequality.
There is no reason why we should not set up a Kenyan Land Fund to help communities buy out large ranches in Laikipia, or elsewhere, when they come on the market, or enable communities in other parts of Kenya to take ownership of the land they live on. There are environmental bodies ready to help with sustainable land use and others to support improved crop and livestock production. All we are lacking is the political will and commitment. The elephant in the land reform room is corruption in politics itself, but every five years we get a chance to do something about that too.
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Re-imagining the African University
In relation to their knowledge production, African universities should acknowledge the importance of producing research in support of development, while retaining their liberal education focus, he advises.
If they are not to be condemned to irrelevance, universities in Africa must strengthen their research and teaching and adopt a proactive stance in responding to the institutional and developmental demands of the Fourth Industrial Revolution (4IR).
This is according to Paul Zeleza, the former the vice-chancellor of the United States International University-Africa, and at present the North Star distinguished professor and associate provost at Case Western Reserve University, a private institution in Cleveland, Ohio, in the United States.
“Universities have a crucial role to play in pushing governments and the private sector to ensure that Africa has agency in the 4IR [Fourth Industrial Revolution] and, accordingly, derives significant benefits,” says Zeleza, giving warning that the continent may otherwise be “left behind or unduly exploited, as was the experience during the previous three industrial revolutions”.
“Instead of being what Kenyan pan-Africanist thinker Ali Mazrui used to describe as ‘pawns’ in the global system, Africans must become 4IR players,” he urges, citing the need for the continent to acquire sufficient high-performance computing capacity to undertake the complex data analytics and processing of big data sets that are required as part of the 4IR.
In the absence of such high-performance computing, Zeleza says, the continent will be indebted to external data processing and storage firms and “will not even receive the trinkets it was once paid [under colonialism] for its raw materials”.
In a parallel move, African universities should also make every effort to improve their research and pedagogic functions, seeking to support domestic development while also boosting their standing and the quality of their contributions at international level, he advises.
“The issue of relevance is a complex one,” Zeleza says. “It comes from the university’s anchoring in its society but that should not exclude being global … because, whether we like it or not, higher education is global.”
Indeed, he urges, “it is important that African universities do not surrender the global to others”.
Indigenisation vs internationalisation
“We also have to be global,” he says. “An appropriate balance has to be struck between indigenisation and internationalisation.”
However, Zeleza notes, higher education institutions on the continent are, at present, generally failing to make their mark globally, which is creating institutional harm in terms of their access to resources, students and staff.
For example, he says, Africa has yet to acknowledge the importance of research, including on critical issues such as climate change and health, in its funding priorities.
“A report produced by the United Nations Educational, Scientific and Cultural Organization (UNESCO) in June 2021 indicated that the continent’s expenditure on research and development, which includes the universities, was very low at about 0.5% of GDP, compared with a global average of about 1.9%.
“Meanwhile, its share of total global research and development expenditure was about 1%, with most of this taking place in South Africa and North Africa, indicating the dire conditions for research elsewhere on the continent.”
Pedagogy at global standard
Zeleza also notes that, while African universities should be providing pedagogy at a global standard, “this is not [their] current reputation in general, as is illustrated by the relatively low number of international students at higher education institutions on the continent”.
“In addition, and notwithstanding the justified criticism of the international university rankings, African universities fare poorly on these tables,” Zeleza says. “In the Times Higher Education rankings for 2021, only 60 of the 1,500 ranked institutions were from Africa.
“Whatever the misgivings about the rankings, they are used as a marketing tool and, in this way, influence the flows of students, faculty staff and resources.”
In this regard, Zeleza cites a preference among the Kenyan elite for sending their children to universities abroad as an example of the depths to which the reputations of many African universities have sunk.
It is a dynamic that he is keen to see reversed, particularly given what he describes as the inappropriate and often damaging nature of the education offered to African students at universities in North America, the United Kingdom and Australia.
“I used to see a lot of young students from Africa undertaking undergraduate studies in the United States and it was clear these kids were lost at a personal level and intellectually,” he says.
“They were not being developed in ways that were good for them. They were forced to deal with being treated as second- or third-class because of race issues; and they were not being equipped with any knowledge about their own countries, their own societies.”
However, African universities can reverse what Zeleza describes as their decline and reclaim their relevance by adopting greater agency and a more strategic approach in relation to their key functions, including their pedagogy and research, and their public-service and technological innovation roles.
The importance of research
In relation to their knowledge production, African universities should acknowledge the importance of producing research in support of development, while retaining their liberal education focus, he advises.
“Whatever particular questions the research is trying to answer, it should broadly seek to address fundamental social and community issues, as these are articulated in national, regional and global plans.
“The generation of knowledge for social impact is something that I think our universities should always have in front of them.”
In this respect, Zeleza is encouraged by the production of a new table for assessing the performance of higher education institutions according to their social impact – that is, in relation to the UN’s 17 Sustainable Development Goals (SDGs) – which is now being produced as part of the Times Higher Education World University Rankings.
“This produces quite different results from those produced by the traditional ranking methodology,” he says. “So, for example, these new rankings have recently listed Australasian universities at the top rather than your Oxfords or Harvards.”
In fulfilling their public service and engagement function, Zeleza stresses the importance of African universities trying to be intentional in building critical strategic and transformational relationships with multiple stakeholders, including the government; the private sector; intergovernmental institutions; community bodies; and philanthropic organisations.
“Universities have to engage their governments, partly in their role as major funders but also in order to provide the kind of research that can be translated into policy,” he says.
While advocating the establishment of mutually beneficial triple-helix arrangements among public- and private-sector partners and universities, he also urges higher education institutions to insist on a greater role in shaping international and continental initiatives.
For example, citing an ambitious African Development Bank programme to provide up to 50 million young Africans with digital skills that can make them employable, he notes the disproportionate influence of external consultants, who can typically hail from the Global North.
The problem, he says, is that African universities are then asked to bid to participate in the implementation of these schemes “but without having been involved in crafting the vision or the agenda for the initiative in the first place”.
Funding of universities
This also brings into sharp focus the ever-pressing matter of university funding. Zeleza advises university leaders to place a greater focus on seeking funding from African philanthropic organisations and high net-worth individuals.
“The data indicates that higher education is not a priority for giving among this group,” he says. This is quite contrary to experience in other parts of the world and among leading universities, such as Harvard and Princeton.
“So, the challenge for African universities as part of their mission of engaging society is to approach and cultivate these individuals in a strategic way.”
Zeleza also embraces the benefits that technology may bring to higher education, although, he says, “universities should avoid adopting a technologist kind of viewpoint in which technology is viewed as a thing and an end in itself”.
“The issue has to be the extent to which universities are enhancing their value proposition in terms of deploying and developing new technologies in support of digital learning, research and scholarship, and public service and engagement.”
In this regard, he advises that “universities must ensure that students are equipped with the appropriate digital skills, [which are] essential to employability”.
“There is also a need to equip students with information literacy so that they can navigate the huge and ever-increasing amount of information that is available, mostly online.”
The new technologies can further be deployed to facilitate competency-based educational practices, personalising learning, and allowing individual students to move at their own pace, Zeleza says.
Meanwhile, the more democratic access to knowledge facilitated by online technology is leading to new pedagogic approaches, he argues, and a change in the role of teaching professionals. “Teachers, lecturers and professors are no longer the fount of all knowledge.
“Increasingly, the teacher’s role is to equip the students with the ability to engage in critical enquiry and critical discourse. Thus, the lecturing method is giving way to a more interactive co-learning process – a kind of coaching relationship.”
Alongside this, Zeleza says, a new curriculum must be developed that can take account of technological development, including through the continuing establishment of new science degree courses but also through promoting a complementary role for some of the arts and humanities.
“The 4IR is not simply about technology in isolation, but also about how it is integrated with, contributes to, and is transformed by creativity,” he says.
“In this regard, I prefer the acronym STEAM, which includes an “A” for arts, to the acronym STEM, which refers only to science, technology, engineering and mathematics.”
Creating a new African ‘library’
On the question of the role of indigenous knowledge in the African university, Zeleza envisages an increasingly sophisticated approach to indigenous and other systems of knowledge or ‘libraries’ as Congolese French philosopher and historian Valentin-Yves Mudimbe termed them.
“The tendency is to freeze the notion of indigenous knowledge to an imaginary point in our collective history … and, typically, this reference point is that of pre-contact knowledge, meaning before contact with Europe and colonialism,” he says.
However, he explains, this gives rise to a “banal” definition of African knowledge as an oral formation that stands in opposition to written European or colonial knowledge.
There are at least three streams in Africa’s ancient knowledges, which include the Christian library, the Islamic library, and the oral one, “for lack of a better term”. Zeleza argues that African academics and intellectuals need to claim these libraries which have co-existed for more than a millennium on the continent.
The real problem, however, is “the overwhelming nature of the colonial library in terms of its impacts on our political and intellectual economies”, he says.
“We have become so consumed – and rightly so, to some extent – by the colonial library that we have forgotten these other libraries.”
In response, a key mission for the African academy is to create “a new library out of the constellation of the continent’s diverse libraries,” he says, “so that we can provincialise, deconstruct and decolonise formerly centric knowledges and in their place create empowering knowledges that do not limit us to a formulation of our identities that, itself, is part of the Eurocentric episteme”.
This article is based on an interview conducted by Professor Crain Soudien for the ‘The Imprint of Education’ project, which is being implemented by the Human Sciences Research Council (HSRC), South Africa, in partnership with the Mastercard Foundation. This project, which includes a series of critical engagements with experienced scholars and thought leaders on their reimaginings of higher education in Africa, investigates current and future challenges facing the sector, including best practices and innovations. The transcript has been edited for length and focus by Mark Paterson and Thierry M Luescher and the full interview will be available on the HSRC’s website.
Heckling: Political Fine Art or Mere Intolerance?
Tradition gives the politician the power to talk down to the public. But where is the citizens’ voice and platform to register their disapproval and displeasure? Is heckling inherently wrong?
Hakuna! Ongee! Tawe! Gũtirĩ!
The human being is a heckler. It doesn’t matter whether he’s a polished and refined bureaucrat or a rusty hawker in some dark and desolate alley along River Road. The accountant, when home from work and in front of his 40-inch TV, will still heckle and chuckle when he hears a disagreeable comment from a politician. The prize goes to the hawker though, who will attend a meeting and courageously make his feelings known.
The question as to whether heckling is right or wrong falls within the realms of nature. And nature, you’d agree, is complex. Questions of nature have no simple or simplistic answers. Nature scorns soundbites and clichés. And nature is not just about majestic forests, clothed in death-like stillness—or the power and poise of lions as their roar echoes and re-echoes across the rugged expanse of the Mara.
Finally, nature is not just about atoms and electrons.
When correctly comprehended, nature encompasses the metaphysical. It deals with ideas and ideals as well as values and virtues. In antiquity and during the classical periods, natural philosophy was a big scholarly tent under which men studied astronomy and beauty, physics and ethics—all side by side.
This is to show that to study heckling—is to study ethics—and to study nature.
In less than six months, Kenyans are going to the polls for an election that will usher in a transition. Politicians have many tools and avenues to pass their message across to the populace: a few refined town hall-like meetings, a dash of carefully worded social media messaging through platforms like Twitter and Facebook, and live TV interviews, where politicians and their apparatchiks smash phones and bang tables to emphasize their arguments.
Yet the truth is that a political rally remains the theatre of action and the real marketplace of political discourse. In a typical political rally, tradition gives the politician the power and prestige to talk down to the public. They clap and chant and then go home. The (un)settled opinion is that if a citizen does not agree with a politician or with his message, he should just stay away. Heckling, they are told, is immoral, uncouth, even criminal.
However, where is the citizens’ voice and platform to register their disapproval and displeasure? Is heckling inherently and invariably wrong? Are there situations when heckling should be tolerated, even encouraged? What is the place of heckling in a free and democratic society? How does the law on heckling intersect and overlap with issues to do with free speech?
To understand anything, it’s important to travel back in time to its roots and origins. Before the 18th century, the word “heckling” as we now understand it meant an entirely different thing. A heckler was then a person using a tool called a heckle to comb and refine flax, or in some cases, hemp. Heckling involved drawing out the unwanted fibres from the flax so that it would be clean enough to be spun. A heckler therefore was an industrious worker, who, I should imagine, was dignified and respected.
It was not a coincidence that the Scottish town of Dundee, which was home to many heckler-workers, would emerge as the place where heckling was refined and transformed to become the proto-type of the heckling that we now relate to. Heckler-workers would choose one from amongst themselves to read the day’s news to the whole group. In response to politicians’ reported speeches that they deemed absurd or ridiculous, the rest of the heckler-workers would taunt and tease, scorn and sneer.
A heckler was then a person using a tool called a heckle to comb and refine flax, or in some cases, hemp.
In Scotland, even when the meaning changed with the times, it did not at first involve derisive catcalls, loud jeers, or disruptive boos. Instead, heckling referred to the intense questioning of politicians by the public. The Scottish story tells us that heckling is a legitimate tool that has the potential to improve the democratic tone and texture of a republic. In many other countries, heckling has been a successful device both as a political thermostat (to influence public opinion or government policy) and political thermometer (to reflect public opinion or government policy). Public speeches about the Vietnam war, nuclear weapons, clean fuel, apartheid, and civil rights have, for the same intent, involved some heckling-punctuated protests. This history is important. It shows us that heckling was a socio-political device invented by struggling industrial workers—the class we would call hustlers in Kenya’s current political jargon. Even more curious and exciting is the fact that, as a political device and innovation, it evolved in Scotland, the birthplace of John Stuart Mill, the foremost patriarch and prophet of civil liberty including free speech.
Many political leaders have since been heckled, even those upon whose graves history has put gorgeous wreaths of beautiful flowers. Nelson Mandela was heckled by Muslim adherents in 2001, when he paid a visit to the Grey Street Mosque in Durban, Kwazulu-Natal, because of his stand on the war on terror and the American military campaign in Afghanistan.
In Kenya, the most enduring story of heckling was President Jomo Kenyatta’s visit to Kisumu in 1969 where he was met with shouts of “Ndume, Ndume”—the approving chants directed to elevate his then foremost political nemesis Jaramogi. When Kenyatta rose to speak, his unprintable expletives provoked the crowd. Chaos ensued. Police started firing randomly. Official government records put the death toll at 11.
Without being insensitive to the victims of this incident, this figure, in the weighing scale of fatalities—does not answer to the subsequent description of a massacre. Prof. Macharia Munene, in his book Historical Reflections on Kenya, alleges that the term Kisumu massacre evolved due to the push by historians such as William Ochieng and Bethwell Ogot. But that’s a story for another day.
Many political leaders have since been heckled, even those upon whose graves history has put gorgeous wreaths of beautiful flowers.
As we can see, the cost of heckling was paid in blood and tears. Most recently, thanks to the expanding democratic space, heckling is increasingly tolerated. While on the campaign trail recently, Raila was heckled some places in Meru. William Ruto has also been heckled in parts of the former Western Province.
There are convincing arguments against heckling. One very seductive argument is that heckling limits free speech.
The gold standard for free speech—in Western thought and civilization—is Mill’s Liberty. In this Tour de Force, the student of politics will find perhaps the most elegant arguments in favour of free speech ever penned. Listen to this:
If all mankind minus one, were of one opinion, and only one person were of the contrary opinion, mankind would be no more justified in silencing that one person, than he, if he had the power, would be justified in silencing mankind.
In issues to do with free speech, Mill argues, numbers mean nothing. The opinion and voice of a solitary man is equal to the voice and opinion of an impressive assembly.
When you silence a person, the cost to knowledge and social progress can be huge. And the person who “loses” is not just the person silenced. The loss is for the whole society, as Mill eloquently posits:
The peculiar evil of silencing the expression of an opinion is, that it is robbing the human race; posterity as well as the existing generation; those who dissent from the opinion, still more than those who hold it. If the opinion is right, they are deprived of the opportunity of exchanging error for truth: if wrong, they lose, what is almost as great a benefit, the clearer perception and livelier impression of truth, produced by its collision with error. [Emphasis mine.]
Yet in the chaotic sphere of heckling, there’s a tension and struggle between the free speech of the speaker and the free speech of the heckler. If you give one the benefit of an uninterrupted speech, you shut down and deny the other. It almost looks like a zero-sum game. You might argue that the meeting has been convened by the politician and therefore is technically the politician’s meeting, and that he should hold the exclusive keys of free speech.
This was William Ruto’s argument when he lost his cool in the face of sustained heckling during a Laikipia tour.
Granted, we are wont to view the heckler as the aggressor who wants to take a place belonging to someone else. That, moreover, the people who attend a rally or some other public meeting come purposefully to listen to the speaker and not the heckler.
Well, not quite.
In the Heckler’s Promise, Lee Campbell, argues in his paper that the heckler wants neither to be the official speaker nor silent mute. And that without the heckler, public speaking is not democratic as should answer to the meaning of participative democracy. Campbell also argues that if we muzzle the heckler, there’s no genuine encounter between the politician and the citizen.
Moreover, I tend to view heckling as social release—some form of catharsis—that is absolutely necessary in a living and breathing democracy. For how do you muzzle a citizen and subdue him with fake batons of decency and decorum—when he comes to listen to a member of parliament who has squandered the constituency’s allocations on girlfriends—by telling him to listen passively or to request for an impossible chance to speak? Or how can anyone really fault the crowd for heckling President Moi at the burial of Robert Ouko?
Yet in the chaotic sphere of heckling, there’s a tension and struggle between the free speech of the speaker and the free speech of the heckler.
You can say that he can register his disapproval through the ballot. And therein lies the problem. The politician has a vote, a voice, and a platform. Yet the voter only has the vote. And we’re not talking about legislation—which the citizen delegates to his legislator—according to the canons of representative democracy. Here, we’re talking about public discourse and/or expression.
You can also argue that the citizen can convene his own meeting. However, who knows him? If he calls a meeting, who will attend?
If we fully grasp the power dynamics between Prince and Pauper, to borrow the title of Mark Twain’s popular novel, then perhaps the heckler should be congratulated—not criticized.
Yet, the truth is that the prince and the pauper are not equal and never will be. Adam Smith, the celebrated classical economist and moral philosopher, even argues that social inequality is good for society. Without it, there cannot be any meaningful progress. Egalitarianism is utopia.
So, we should perhaps admit that a citizen will not have the voice and the platform like the politician. Yet even if the platform is the politician’s, it is wholly against nature to be passive like a pebble; even a stone causes ripples when it is thrown into water.
There can be a compromise: We don’t have absolute rights—even when it comes to the right of free speech or expression. So long as the speaker’s right to speak is not drowned out and completely halted, you have not interfered with his right to free speech. If you heckle him spontaneously or at intervals that do not make speech impossible, you may have just achieved the democratic ideal that the majority should decide—and the minority be heard. This is as it applies to the voice, separate to the vote.
So the point is: you should not heckle with the intention of disrupting—but only to register your displeasure. Otherwise, you’re limiting the speaker’s rights and the rights of others—who came to listen to what the speaker had to say. As celebrated jurist Oliver Wendell Holmes would memorably aver, “The right to swing my fist ends where the other man’s nose begins.”
But some might still argue that it’s right to disrupt a meeting. Of course that’s correct—even if it’s illegal! This is because something can be legal but patently unjust and unconscionable. That is the field and sphere of civil disobedience in the tradition of such figures as Henry David Thoreau, Martin Luther King Jr., and Mahatma Gandhi. Here’s what Martin Luther King Jr. said:
An individual who breaks a law that conscience tells him is unjust, and who willingly accepts the penalty of imprisonment in order to arouse the conscience of the community over its injustice, is in reality expressing the highest respect for the law.
In any case, ideas are like commodities. For instance, if you found someone selling heroin to children, and if you had the strength, would you leave him right there, and go to report the matter to the police? You’d first disrupt the sale. It’s the right thing to do.
By that analogy, if someone is selling poisonous and dangerous ideas, you’d be duty bound to disrupt him or her by any means including heckling. The fundamental element of civil disobedience is that disruption must be civil.
Of course, violence and stone-throwing are acts beyond the pale and which the law and society should condemn.
While heckling is to a large extent acceptable, it can be used by political opponents to disadvantage rivals in the political marketplace. That’s the reason organized heckling is suspicious. However, organized hecklings are not created equal. For instance, I don’t believe that voters should not organize to heckle a politician.
“The right to swing my fist ends where the other man’s nose begins.”
Politicians meet all the time to plan what they’ll tell us. This is organization. There’s nothing wrong if the people organize on how they’ll register their displeasure—provided they do this by themselves. The organized heckling that can’t pass muster is the one where a politician uses money to plan and heckle a rival’s meeting. This is corruption of political discourse which makes the political marketplace artificially un-even.
This treatise would not be complete without mentioning one other important function of heckling in a free and democratic society. Heckling tests the emotional intelligence and wit of a politician. It’s a bad sign for a democracy if a politician is easily rattled by hecklers.
The famous British parliamentarian John Wilkes was on the campaign trail when he met a heckler. This is how it went.
Heckler: Vote for you? I’d sooner vote for the devil.
John Wilkes: What if your friend is not vying?
Everyone, I can imagine, burst into uproarious laughter, while approving Wilkes witty response.
This is one area Deputy President William Ruto should probably work on.
Heckling can be fun, especially if it’s spontaneous. It can actually qualify as an artful form of expressing dissent.
So go and heckle—but don’t disrupt.
Fourth Industrial Revolution: Innovation or New Phase of Imperialism?
Africans must enter the Fourth Industrial Revolution in a manner that upholds our human dignity, our liberty as communities and individuals, and our human agency.
“Welcome to tomorrow!” and “Tomorrow is already here!” are popular phrases often used in the context of the so-called Fourth Industrial revolution (“4IR”). Thus at the Sight Tech global Conference held on 2nd and 3rd December 2020, one of the plenary sessions was titled “Our AI future is already here”. In Profit and Prejudice: The Luddites of the Fourth Industrial Revolution, Paul Donovan summarises the past three industrial revolutions as (1) steam power, (2) electric power, and (3) computer power. Nicholas Johnson and Brendan Markey-Towler speak of the four revolutions as the industrial revolution, the technological revolution, the digital revolution, and the fourth industrial revolution. They go on to note that the Fourth Industrial Revolution is the current period of economic transition since the mid-2000s, characterized by a fusion of new digital technologies, rooted in advances from the Digital Revolution, with technological applications in the physical and biological domains. Similarly, Klaus Schwab, Founder and Executive Chairman of the World Economic Forum, formerly the European Management Forum, observes that the fourth industrial revolution is characterized by a fusion of technologies that is blurring the lines between the physical, digital and biological spheres.
Nancy W. GLEASON cites MIT’s Erik Brynjolfsson and Andrew McAfee as referring to 4IR as the Second Machine Age (“2MA”). According to them, while the first machine age was about the automation of manual labour and physical strength, the 2MA technological progress in digital hardware, software and networks is about the automation of knowledge. At the core of the automation of knowledge is artificial intelligence (AI). Johnson and Markey-Towler explain: “Artificial intelligence, especially when endowed with machine learning algorithms, is a technology which seeks to mimic the functioning of the human mind, and which can therefore mimic human action guided by a process that mimics human thought.” Johnson and Markey-Towler further observe that artificial intelligence has greatly enhanced the use of robots:
…, the 4IR moves the goalposts from automation to smartization, whereby intelligently programmed software and robots are able to collect new data during the regular course of their operation, share it with other approved devices on the network, analyse the data, and use the conclusions to update their course of action. The 4IR took “dumb” autonomous machines and made them “smart.” This step was essential to the development of technological marvels such as self-driving cars and trucks and next-generation industrial robotics.
During the December 2020 Sight Tech Global Conference which I referred to at the beginning of this article, Kai-Fu Lee, one of the world’s top scientists and top investors in the field of artificial intelligence and author of AI Superpowers: China Silicon Valley and the New World Order, observed that the current generation’s breakthrough in a type of AI called neural nets, sometimes referred to as deep learning, has enabled remarkable advances in areas such as computer vision and natural language processing. He went on to state that today’s AI capabilities are so great in this raw form that what is needed now are the engineers, and, most importantly, the data to make the most of all the possibilities. He explained:
… computers … can see and hear at the same level as people now. So with speech recognition for machine translation and for object recognition, AI is now at about the same level as humans. And AI is improving rapidly, based on its ability to take a huge amount of data whether it’s spoken language or recorded videos to really train itself to do better and better. So over time, it will be a better see-er and hear-er than humans.” Referring to what he calls the third wave of artificial intelligence as perception AI, Lee spoke of “… extending and expanding this power throughout our lived environment, digitizing the world around us through the proliferation of sensors and smart devices. These devices are turning our physical world into digital data that can be analyzed and optimized by deep learning algorithms.
Nevertheless, Donovan notes that the phrase “industrial revolution” entered common usage long after the first industrial revolution had begun. He explains that Karl Marx’s collaborator on The Communist Manifesto, Frederick Engels, used the phrase in German in the 1840s, and the phrase was first used in English by Arnold Toynbee in 1882. This points to the fact that human beings often name something quite a while after they have experienced it, and the same has been true of 4IR, although we may have named it earlier than the first three because we are now more used to the idea of industrial revolutions than those who went before us were.
Klaus Schwab listed emerging 4IR technology breakthroughs in fields such as artificial intelligence, robotics, the Internet of Things, autonomous vehicles, 3-D printing, nanotechnology, biotechnology, materials science, energy storage and quantum computing among the things that would drastically change our lives. Indeed, the lives of the peoples of Africa are already being touched by 4IR in ways that many of them are yet to perceive—their smart phones, with their “Location” function on, are beaming data about their movements to networks, and the data are then sold to high-tech transport companies desperate for information about traffic flow in cities; many of them unwittingly allow phone apps to access their microphones and cameras, with the real possibility of their conversations and actions being monitored; their emails and social media accounts are being monitored for information about them that is sold to marketers, advertisers and politicians who use it for “targeted messaging”; their faces are increasingly being scanned by cameras connected to face-recognition software ostensibly to enhance security, but with the real possibility of surveillance for purposes unknown to them.
Human beings often name something quite a while after they have experienced it
What is likely to be more alarming to many, however, is the fact that the combination of artificial intelligence and robotics supported by high-speed online connectivity is threatening to render jobless in a few years’ time those without requisite new skills.
In 2021, Rob Floyd informed us that the African Centre for Economic Transformation (ACET), working with other institutional partners and nearly 40 data scientists and machine learning experts from around the globe, had completed the continent’s first “Artificial Intelligence Challenge”, ostensibly to help predict what infrastructure Africa will need in the future. According to Floyd, the exercise sought to identify machine learning tools and approaches that can inform policy decisions. The data scientists created models and designed methodologies that could help determine what infrastructure to build, where to build it, and what factors would have long-term economic impacts on the continent.
The fourth industrial revolution perpetuating western imperialism
According to the Merriam-Webster Dictionary, imperialism is “the policy, practice, or advocacy of extending the power and dominion of a nation especially by direct territorial acquisitions or by gaining indirect control over the political or economic life of other areas.” The peoples of Africa, Asia, the Americas, Australia and New Zealand first bore the brunt of Western imperialism in the form of colonialism. In The Invention of Africa, the Congolese philosopher V.Y. Mudimbe notes that “colonialism and colonization basically mean ‘organization’, ‘arrangement’. The two words derive from the Latin word colere, meaning to cultivate or to design.” He goes on to point out that the colonists (those settling a region), as well as the colonialists (those exploiting a territory by dominating a local majority) have all tended to organize and transform non-European areas into fundamentally European constructs.
Thus the politics, economics and systems of knowledge production in colonised territories were designed to imitate those of their Western colonisers. At independence in the late 1950s and early 1960s, classical colonialism in Africa was replaced by neo-colonialism. Kwame Nkrumah, in the Introduction to his Neo-Colonialism, the Last Stage of imperialism, wrote: “THE neo-colonialism of today represents imperialism in its final and perhaps its most dangerous stage. …. The essence of neo-colonialism is that the State which is subject to it is, in theory, independent and has all the outward trappings of international sovereignty. In reality its economic system and thus its political policy is directed from outside.”
In a chapter in The Disruptive Fourth Industrial Revolution: Technology, Society and Beyond, Rashied and Bhamjee observe that industrialisation in 4IR could easily continue along the path of coloniality, in which the wealthy countries of the Northern hemisphere exploit the resources of countries in the South, but that it could also result in some of the wealthier countries of the Global South exploiting their poorer counterparts. During the Third Industrial Revolution, the inequality between the wealthy countries in the North and the poor ones in the South was regularly referred to as “the digital divide” — a divide that is already finding its way into 4IR. Thus as Donovan observes, there are many people who cannot afford a smart phone and a data plan to enjoy the benefits of 4IR, so that “The democratisation of communication only applies to those above a certain income level.”
Indeed, the Digital Economy Report 2019, released by the UN Conference on Trade and Development, highlighted the disproportionate concentration of the digital economy in the United States and China, with the rest of the world trailing considerably, especially countries in Africa and Latin America. According to the Report, the United States and China accounted for 90 per cent of the market capitalization value of the world’s 70 largest digital platforms, over 75 per cent of the cloud computing market, 75 per cent of all patents related to blockchain technology, and 50 per cent of global spending on the Internet of Things.
“The democratisation of communication only applies to those above a certain income level.”
The report predicted that under current regulations and policies, this trajectory was likely to continue, contributing to increasing inequality. Yet, perhaps even more disturbing, is the digital divide right inside each of our countries in Africa, where the middle class enjoys virtually all the benefits of 4IR technologies that their counterparts in the affluent West and East enjoy, while the vast majority of their compatriots still grapple with lack of basic amenities such as access to piped water and electric power so that for them the issue of entering the digital world does not even arise. This latter digital divide significantly contributes to the perpetuation of the neo-colonial structures of domination for the benefit of the West and East.
Furthermore, in the edited volume The Fourth Industrial Revolution and Its Impact on Ethics, Geneviève Tanguay notes that disregard for factors such as cultural identity and political convictions is often reflected in the very design of 4IR products themselves. For example, observes Tanguay, machine learning algorithms, although designed to help in problem-solving and decision-making, are vulnerable to biases and errors arising either from their creators or from the datasets used to train the systems themselves. Tanguay goes on to write that Amazon’s time- and resource-intensive effort to build an Artificial Intelligence (AI) recruitment tool was shot through with bias against women: engineers reportedly attributed this bias to the AI combing through CVs submitted to the company over a 10-year period, most of which were submitted by men.
Donovan points out that consumers can now boycott companies that do not agree with their political positions: apps even suggest alternative products with better scores. However, he goes on to caution that, “With an app, the opinion that works out the details is someone else’s opinion. …. If the shopper has different priorities to the app designer, they may spend in areas they do not actually support.” In addition, observes Donovan, although it is often claimed that the communication technologies have democratized communication, “Algorithms give preference to some social-media users. They also will censor others. Government censorship was commonplace 300 years ago. The private-sector equivalent is the demonetisation, downgrading or banning of published content.” Such censorship from the so-called big tech has escalated in the era of COVID-19, ostensibly in a bid to fight the virus through scientifically-based information.
Disregard for factors such as cultural identity and political convictions is often reflected in the very design of 4IR products themselves.
Moreover, Western cultures are putting non-Western cultures under great pressure to allow themselves to be assimilated in the global (read “largely Western”) cultural pool on the false presumption that they are inferior to Western cultures. Thus in a chapter in African Values, Ethics, and Technology, Maleselo John Lamola points out that as the peoples of Africa use 4IR technologies designed with a Western cultural bias, they are negatively affected at a fundamental level:
The culturally disadvantaged user is … simultaneously mesmerised and alienated by an object that imposes itself as instrumental for the efficiencies of her life; during the same experience she must align her way of doing things to the intricacies of the operation of this device or machine, as well as to the social role it is cast to serve in her life.
A crucial aspect of human welfare is personal liberty, entailing rights such as those of free association, movement, expression and privacy. Yet 4IR is eroding these very liberties through surveillance: smart phones now easily “hear” and “see” much more than their users intend or know. Besides, governments are consolidating various databases (such as those on health insurance, births and deaths, voters’ lists, and criminal records) into single super-databases, so that at the click of a button those with access can view a citizen’s information in astoundingly fine details that can be used against him or her. Thus in the run-up to the 2020 US elections, some US citizens wrote a parody of the famous American civil war-period song “His Truth Goes Marching On”, part of which stated:
Our right to privacy is gone, devices are the spies.
For government surveillance those are now the ears and eyes.
They use the corporate data, no subpoenas, no surprise,
And still we don’t catch on.
All this calls to mind George Orwell’s dystopian novel, 1984, in which the single party, embodied by the mythical “Big Brother”, deploys 4IR-type technologies to monitor not only the people’s actions, but also their thoughts. The “inner party” consists of an elite which wields power by getting the “outer party” members to do their bidding. The party has a “thought police” which deploys all manner of 4IR type technologies to keep tabs on members of the outer party, including “telescreens” in homes and in public places that “listen to” and “see” all that the citizens say and do round the clock. The thought police are even able to read the thoughts of the members of the “outer party” and unleash punishments on them for any dissenting ideas. The “proles” (short for “proletariat”) are the illiterate masses, deeply despised by both inner and outer party members, and hardly have any interaction with the political process.
Furthermore, the party constantly re-writes history to suit its immediate purposes, fabricates narratives about consistent and abundant economic growth, about a mythical enemy of the state called Goldstein, and about never-ending war with this or that foreign power. It is working on a language called “Newspeak” to totally replace “Oldspeak” (English as we now know it, with a view to reducing the number of vocabulary in the language in order to eventually make it impossible for anyone to entertain or express critical thoughts against the regime. The party’s three slogans are: War is Peace, Freedom is Slavery, Ignorance is Strength.
Indeed, 4IR technologies now make a global dictatorship a much more conceivable possibility than it was for the first readers of 1984.
Kalundi Serumaga has illustrated how Africa’s land is “The Final Frontier of Global Capital”. This corroborates Mordecai Ogada’s assertion that “Conservation interests have built a cauldron into which the extremely wealthy are pouring startling amounts of money to subvert systems, grab lands, and plunder resources.” Yet the domination of Africa’s land that global capital seeks to achieve is being greatly aided by 4IR technologies that not only enhance the digitization of land records, but also detailed surveillance and high-tech warfare using 4IR-driven devices such as drones.
Which way forward?
We in Africa ought to urgently clarify our moral values, and based on them, formulate clear guidelines to restrain developers and marketers of 4IR technologies, serving the same old imperialists and some new ones, from dehumanising our people by manipulatively imposing technological innovations on them. Thus we ought to deeply reflect on the social visions of our forerunners such as that of Pixley ka Isaka Seme in his celebrated 1906 Columbia University speech titled “The Regeneration of Africa”. Seme spoke of a regenerated African civilization whose most essential departure “is that it shall be thoroughly spiritual and humanistic — indeed a regeneration moral and eternal.” As Lamola explains, for Seme, “the surrender of human agency to machines is … not fathomed. His was a novel conception of the possibility of the symbiosis of scientific progress with human spirituality.” Thus in my recent journal article on “The Fourth Industrial Revolution”, I proposed four normative considerations that, in my view, ought to guide the initiatives of the peoples of Africa in their deployment of 4IR technologies, namely, inclusiveness to meet the needs of all human beings, affordability to bridge the digital divide, respect for the right to cultural identity to guard against cultural imperialism, and ethical orientation as the over-arching guide to building a truly human society.
The domination of Africa’s land that global capital seeks to achieve is being greatly aided by 4IR technologies.
In sum, as we the peoples of Africa enter the Fourth Industrial Revolution, we ought to do so in a manner that upholds our human dignity, our liberty as communities and individuals, and, as a result, our human agency. This will entail a conscious and consistent repudiation of Eurocentrism in the realm of technology in line with Frantz Fanon’s admonition in the final chapter of his The Wretched of the Earth, A book he diligently worked to complete during the last ten months of his life:
If we want to turn Africa into a new Europe …, then let us leave the destiny of our countries to Europeans. They will know how to do it better than the most gifted among us.
But if we want humanity to advance a step further, if we want to bring it up to a different level than that which Europe has shown it, then we must invent and we must make discoveries.
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