In her subtly seminal work of fiction Dust, the novelist Yvonne Adhiambo Owour names “silence” as Kenya’s third official language, after English and Kiswahili.
Kenya today is a challenging place to live in, especially if you are young, very old, female, and not rich, which is just about everybody.
The country is currently in the grip on an election cycle. This suggests that change is on the way. Or is it?
This article should be about who is saying what to the electorate, and what their chances are.
But, given the grim economic realities for those called “the poor” in Kenya, it would seem that Kenyan elections since the return of multipartyism have been about not who is in the running, but who is not present. More about what is not being said, than who said what. Somebody seems absent from the party.
What happened to the Kenyan revolution?
In just one succinct paragraph written in Kwani 02, Andia Kisia, eschewing the de-personal that data-reciting brings to the matter of “development, tells us the meaning of poverty in Kenya, and the need for change:
“What does it really mean to say that a people are not yet ready for a revolution? A revolution implies change to the status quo and the status quo in Kenya, as in any so-called developing country, is a sorry one indeed: it is poverty of the most life- destroying kind, a situation maintained and defended by a small wealthy and avaricious class. Open any development economics text, and Kenya always merits a mention as one of the countries with the largest disparities between rich and poor. The poor know this not as an interesting fact in a textbook, but as their daily reality: as the ignorance of daily meals, as the death of children from the most innocuous ailments, from medieval life expectancy rates. It seems unforgivably arrogant to say that these people do not want to see the substance of their lives change for the better, that they are not ready for that change. So what does it mean to say that Africans in general, or Kenyans in particular, are not ready for revolution? (p. 311)
Into the breach has sauntered a whole cast of hugely colourful characters, whose activities generate plenty of sound. Given how increasingly lethal electoral politics have become here, perhaps it is better not to name names or point to examples. But we can all think of at least two.
The antic-laden political drama rolling out this election season seems to see nothing of the concerns Andia Kisia describes, and takes place against the meta-narrative of the Odinga/Kenyatta sometimes friendly, sometimes acrimonious almost Lebanese-style feud in which the son of a former Vice President is going to run against the son – now President – of the President to that Vice President.
All our yesterdays
To hear, or rather, to have heard Kenya’s literary giant Ngugi wa Thiong’o tell it, Kenya once was on the brink of a socialist upheaval that was to sweep away the entire basis of post-colonial Kenyan society, and even excavate its settler colonial roots.
This perspective took root among more than a few intellectuals, and many youth, particularly students. It gave rise to heated discourse in the media and led to public demonstrations. The authorities reacted. Riots and other disturbances were dealt with physically. Interestingly, however, there was also an engagement at the level of ideas, in however circumspect a style executed. Ngugi, in particular, acquired a couple of nemeses in the media and academia that seemed to devote much of their energy to tracking and deconstructing his various arguments.
At a more exalted, shall we say, level, even the Kenyan presidency was moved to weigh in. This basically became an extension of the Cold War debates about the best or better ways to organise society. As such, the philosophical dimension of the matter was often brought in.
People were individuals, not “cogs in a machine”, one would hear the president assert at some national function.
That was back in the very late 1970s.
Today is a different picture, to say the least. We certainly don’t hear many –if any – national figures tussling with tenets of Enlightenment thinking.
How did mainstream Kenyan politics move from talk for and against revolution to what we see now? Or more accurately, why is there such a persistent silence around this question, to the point that it never even seems to get asked?
There is a memory hole. One can trace the evolution of radical thinkers such as Ngugi from the days of the December 12 Movement, right up to a certain point, then everything seems to go dark. Why?
A promising beginning
One key factor in Ngugi’s global appeal was the way in which he wove the Kenyan story into the fabric of wider and older struggles for social justice, if not outright revolution.
To South American intellectuals, his analyses of the meaning and impact of settler colonist culture resonated strongly with their own centuries of Portuguese and Spanish settler presences.
He must easily be the first, and possibly only, English language-rooted African writer I have come across who could reference and cite a whole host of Spanish and Portuguese-speaking South American writers and thinkers at will, and even draw parallels with them.
To African diaspora thinkers in the Caribbean, the United States and Europe, especially England, his specific focus on the linguistic and ethnic workings of anti-African racism struck a similar chord.
This did present problems. To match his narrative with theirs, he had to present Kenya as one country.
The 500-year Iberian dominance of South America had produced a political culture that expressed itself in Iberian languages, and framed its vision from within what was considered the most advanced stages of all the European thinking birthed by the Enlightenment: Marxism. A certain homogeneity of direction emerged there. Even Catholic priests in the region espoused a “liberation theology” rooted in Marxist ideology.
Other strands existed. The one of particular significance would be the voices of the indigenous people still present in the South American continent. Sometimes small, often marginalized, these varied communities somehow managed to get through a nearly complete genocide, with memories and critically, language, somewhat intact.
It was Ngugi’s on-the-ground activism that cemented this global reputation. His writing, fiction first, then a series of accompanying essays bedded in some form of critical theory, had given life to his ideas. The fiction often located itself in the politico-cultural experience Ngugi’s own Kikuyu people underwent during the late colonial period in Kenya, and just after, particularly, the impact the eight-year war waged against freedom fighters had on him as a young man from a family caught up in the conflict.
He began by applying his thinking to his place of work, the University of Nairobi. What he did can now be seen as a template for even the “decolonize education” movement in South Africa today. Three things happened: the Department of English Literature became the Department of Literature; the course content began to reach systematically far beyond the original staple of European/English classics; and Ngugi became a marked man.
His next major initiative was the Community Theatre initiative, through a couple of productions featuring peasant folk (a process that began to cement in his mind the question of language: In what language had struggle been taking place? What was to be the language of the new revolution?)
In insisting on the development of a literature in (in his case) Gikuyu, he spoke the language of indigenousness while advancing the politics of the progressive imagining of the European-planted states. With the historical ignoring of the surviving Native Americans in South America, all revolutions could comfortably converse in Spanish or Portuguese. In Africa, the natives, and their languages, sit in the mainstream. So, while the aforementioned homogeneity of language and, therefore possibly also, thought, could comfortably emerge among South American revolutionaries, Africa was to be a different matter. This was a contradiction waiting for explanation, and one that Ngugi’s intellectual critics (state-sponsored or not) seized upon: was he proposing a revolutionary Tower of Babel, or would certain languages acquire a preeminence in the lexicon of revolution?
Nevertheless, such was the giant who landed among the Black and African diaspora of London in the early 1980s. A writer, a teacher, an activist, former political prisoner, and exile.
Modesty on the part of many Kenyan activists in London at the time often leads them to downplay the significance of their presence – with Ngugi at its centre – among the people they went on to work with. Modesty, maybe, or perhaps as a way of drawing a veil on the journey of Kenyan politics from that point, to this, where citizens killed one another, and where poverty and destitution remain national characteristics.
The template for the exile part of their movement seems to have been the long- established anti-apartheid movement, kicking off with the formation of the Committee for the Release of Political Prisoners in Kenya.
This I suppose, was a good start. And it seems a decision was made that what the movement did not otherwise have in order to build support in Europe, it was going to have to create. The mining of the anti-colonial, anti-settler narrative was a logical place to start. South Africa had settlers, so had Kenya.
Don’t get me wrong; it must have taken a special kind of courage to decide to take on any Kenyan regime during the Cold War. Many an otherwise safe middle class career was being sacrificed by becoming associated with rebellion; they were taking on one of the (then) better organised police states on the continent, with an unbroken praxis in the matter of breaking rebels, reaching back into the 1950s; they were also standing up to a regime that in the dynamic of the global US vs. USSR confrontation, was seen by Western interests as a critical bulwark.
This was not small thing to be doing.
I was in a position to observe how Ngugi, and the cluster of well-entrenched black activist networks that received him, went on to unfurl the public face of Kenyan resistance to the Daniel arap Moi regime and to imperialism among the diaspora.
It was also an exercise in comparisons. As a diaspora activist on Uganda issues, I was keen to see where our concerns may intersect, and what each learned from similar experiences.
Three things emerged quite distinctly.
First, an antipathy towards engaged debate. This was evidenced in an inability to address the question mentioned already, which was legitimate in itself, but also became a reliable propaganda tool for the Moi regime due to the revolutionaries’ unwillingness to address it.
Specifically: what was the 1951-1958 conflict in Kenya? Was it a war for Kenyan independence? Was it a civil war among the Kikuyu nation between those “in”, and those “out” of colonial favour? Was it a Kikuyu cultural uprising for the reclamation of their land? Would parsing such distinctions matter anyway?
This came out strongly in the way the Kenya Liberation story was presented. As an early activity, a broad group of pan-Africanist youth, from places as far flung as the Caribbean, Ghana, Senegal and, of course Kenya, staged Ngugi and Micere Mugo’s play The Trial of Dedan Kimathi.
Something remained with me from that time.
One particular passage in the staging (and I cannot recall whether it was part of the original text or not) had the actor explain how “the white man came to Kenya and promoted divisions among the people by teaching them that ‘You are Girama, and you Samburu, and you Kamba…’, or words close to that. The point being made was that Kenyans were one people, and that if they stood together as one nation, victory was assured.
But this, and other lines like it, would then be followed by enthusiastic bursts of singing of songs someone had clearly researched well from the era of the Mau Mau uprising, just about all of which were in Gikuyu, not surprisingly.
So (the ahistoricity aside) another question came to mind: was the struggle about liberating a pre-existing nation called Kenya, or about creating one through such a struggle?
But where there was such an aversion to debate, no answers seemed available.
Second, there was a fascination with things military, and particularly the associated secretiveness. Statements like “armed struggle is the highest expression of a peoples’ culture” were often made, but not quite explained. This also expressed itself in an unwillingness to clinically describe and analyse the Mau Mau war with anything like the vigour it would be presented in drama. Outstanding questions like:
How did the war end? Did the insurgents win? If so, why is there still a need for “liberation”? If not, why did the fighting stop?
Third, a woeful naivety about how people managed to remain in State Houses in our region. I recall expressions of genuine surprise among some of these comrades, as well as among the “vague leftists” of the Abdul Rahman Babu variety, about the way the then government of Julius Nyerere had returned to the Moi government the Kenya Air Force officers who had fled to Tanzania after their abortive 1981 coup attempt.
After his efficient inveigling, then swallowing up, of the Zanzibar revolution at the Americans’ behest in the early 1960s, any attentive observer of our region should have known where President Nyerere stood on Empire questions once the chips were really down. And if you get into the business of organising rebellion against a Western-backed regime, you would be well-advised to become a very attentive observer.
For revolutions, failures of theory lead to failures of practice. And bouts of brisk physical activity can often be used to cover up those gaps, or deflect scrutiny from them.
This was the opportunity and circumstance created by the roughly one-year period (1985-1986) during which the National Resistance Army morphed from a rebel organisation into the internationally recognised government of Uganda.
During the greatly under-reported proceedings of the Kenya Truth, Justice and Reconciliation Commission, a number of interesting puzzle-pieces came to light that certainly help explain a few things about the sudden disappearance of a whole revolutionary movement.
There had emerged a certain mesmerisation, to put it very mildly, at least among the Mwakenya activists I knew, with the NRA, and its ascension to power.
No less than three Kenyan resistance groups received material support in military training and information from the early NRA regime. To ask what happened next, is to stand at the mouth of the memory hole.
Contradictions and their silences
Nowhere does this seem to come through in the politics of the NRA assuming power in Uganda. And nobody seemed less willing to see the NRA for what is was than many among the movers and shakers of the Kenyan resistance.
This led to complications for us in the exile discourse spaces that exile politics caused us to share, as well as raised serious questions about the Kenyan resistance’s actual commitment to human rights, democracy and, in a few cases, simple logic.
Of course, nothing was usually said explicitly in public spaces – that would only encourage a debate – but it was clear that the crop of Kenyan resisters we knew were in awe of the NRM, and clearly lacked an intellectual or political interest in any analysis before that.
The starkest, and in a way worrying, example I saw of this was the sight of one prominent exile activist literally dancing with joy at a remark made by the then very new President Yoweri Museveni who had come to make his first address to the large UK Ugandan community at the Commonwealth Institute headquarters in 1987. This person is now a prominent political personality in Kenya.
The remark itself had been a hackneyed rehash of Kwame Nkrumah’s “we are pro-Africa” declaration of non-alignment. On being asked by a member of the largely star-struck gathering if NRA was “pro-East, or pro-West”, the president had responded, “We are pro-Uganda”. The audience applauded, and the Kenyan danced.
There was more to come.
How come they were happy to defend the then NRA practice of open-air queue voting while condemning the Moi regime when it sought to implement the exact same practice during Kenya elections?
Why did they condemn the Moi-KANU regime as a one-party state, while ignoring the NRA’s 1986 Legal Notice No. 1 that banned all other political party activity?
Why was the near-permanent presence of British soldiers in Kenya a thing to be condemned, while nothing was to be said of the accreditation of the British military attaché to the UK Nairobi embassy, as “advisor” to the NRA delegation at the 1985 Nairobi Peace Talks?
If the NRA was indeed an anti-imperialist organisation, then how should we explain the generous praise heaped upon it by the UK media? Or were they accepting the idea that the UK media were not tied to the task of promoting British interests? If so, what had happened to all the critical theory about race, and representation, and about the media space as a battleground over hidden and open narratives? When the African mind was being “colonised”, did the Western media play no role in this? Is it, in other words, to now be taken as “neutral”?
There were never answers given to these questions, only silence and dismissals. This thinking seemed to stem from an earlier failure to address intellectual contradictions.
The practical effect for anyone else fishing in the same waters was to find oneself permanently doubted by the leaders of black diaspora organisations, and a few white socialist ones as well. “If you are interested in the Ugandan revolution”, they would ask, “why don’t you simply go and join hands with the revolutionaries that have just taken power, instead of trying to fight them?”
Why should they believe your words against a whole, ANC-type organisation peopled by the cream of the Kenyan Left intellectuals?
It became important, therefore, to settle the question of black diaspora views of the emerging and triumphant NRA. And the first step to this would have been to settle the matter with the go-to voice on matters East African in the UK: the Kenyan anti-Moi resistance.
This was not possible, as they showed no inclination towards a principled political stand. I vividly recall one experience where one of their senior cadres, who also worked in a senior post at the good old Africa Centre, simply blocked the proposal that activist groups from the Uganda exile community also participate in the holding of the upcoming Africa Day celebrations, which were to focus on Uganda that year. Instead, an agenda of the festivities to be led by the (now (NRA/NRM-run) Ugandan embassy in the UK was very rudely imposed on the organising committee.
Get it clearly: a political refugee was defending the right of a sitting government to lock other political refugees out of a discourse regarding their own country.
But here’s the thing. The tragedy was not so much that the Kenyan revolution sold the myth of an NRA “liberation” to the Afro-Caribbean diaspora; it was that they also sold the same myth to themselves. My submission is that the subsequent strategic decisions made on the basis of that miscalculation led eventually to the absence of a viable “Left” voice, or even a simple legacy, in Kenyan politics today. Hence the endless Bonfire of the Vanities, aka, election time.
Footnotes to a lingering silence
However, a few years prior to that, I had had my own experience, while I was still active in London. I chance encountered the same prominent member of the anti-Moi resistance, right on the steps of the Africa Centre.
His tune, to which he was not dancing, had changed significantly. Having just come back from a trip to Uganda, he gave me a wholly unexpected response to my polite query as to how his trip had gone.
He had not one kind word to say about the entire NRA project or its leaders. His rant was long and excoriating, as well as very accurate.
This, coming from the same person I had witnessed pirouette with joy at a Ugandan presidential witticism, stunned me into silence. What could possibly have happened?
This is where the silence begins.
I will not speculate. I know of only two things. One, I read in a newspaper, of the Ugandan government’s decision to remove a certain key figure of the Kenyan armed resistance from Ugandan soil to Sweden. This was in the early 1990s.
I read also of a development years later when a small article and photograph showed members of what was being called the February Eighth Revolutionary Army (FERA) being repatriated back to Kenya after standing down, having been isolated in training camps in Uganda for nearly a decade.
It is back to the Kenya War of Independence riddle: How did Uganda’s relationship with the Kenyan revolution end, and for what reasons?
I asked a Kenyan writer, who had been tweeting a running commentary on new Moi-era Nyayo House revelations by former Mwakenya activists who had survived the torture chambers, if any information was coming out from them about how and why their relationship with the Uganda “revolutionaries” ended up? After promising to check and get back to me, I have not heard from her since on the matter. Has she too lapsed into the Kenyan language of silence?
I have lived with this issue for over thirty years, it turns out. I had to become knowledgeable about it because of the extent to which it was damaging our own political work. Now, I want to stop.
Reflecting on it a few years ago for an essay, I had emailed a response to someone I had known to be in the anti-Moi resistance regarding mail he had sent to me about some recent outrageous behaviour by his former friends now running Uganda. Basically, I asked if he was willing to accept his share of the blame in selling this outfit to the global Left, and what the hell had happened to him anyway, to disappear just like that?
“Many factors, global, local and internal to our movements ensured that we failed,” he wrote back. “Lack of discipline, knowledge, greed, dictatorship, sexual violence, lack of proper organisational accountability and so much else. Many young Kenyans perished because of what I think we can call ‘left bourgeois apathy’ and a lack of real political commitment. (Bourgeois envy of the rich was the driver of the ‘revolution’ and once achieved then the revolution for them had arrived). Thereafter, people must continue to justify their existence so they must continue shouting to at least assuage their ‘left consciousness’.”
There can be no doubt that conventional Kenyan politics, like the structure of the Kenya economy itself, cannot provide solutions to the deep-seated structural problems that Ngugi wa Thiong’o so ably began to describe and analyse over 40 years ago.
It is as if time has opted to stand still where the critical issues, like land reclamation, war reparations and workers’ rights, are concerned.
And there can be no doubt that if nothing useful is done, things will only get worse.
If there ever was a need for clarity of discourse, perhaps it is now, and if there was ever a place in need of it, perhaps it is Kenya. Instead, the country remains swamped in the politics of personality and inconsequence, and the very name “MwaKenya”, ends up reduced to a schoolyard slang for exam cheat-notes. An apt tribute, perhaps, to an organisation with too many leaders with a penchant for subterfuge and cutting intellectual corners.
Meanwhile, the last time I checked, a progressive diaspora space known as the Third World Book Press remains listed as the Uganda Chicago Consulate’s contact point for the Ugandan Diplomatic Mission to the United States.
Support The Elephant.
The Elephant is helping to build a truly public platform, while producing consistent, quality investigations, opinions and analysis. The Elephant cannot survive and grow without your participation. Now, more than ever, it is vital for The Elephant to reach as many people as possible.
Your support helps protect The Elephant's independence and it means we can continue keeping the democratic space free, open and robust. Every contribution, however big or small, is so valuable for our collective future.
Equality, Family and Unpaid Domestic Work: Kenyan High Court Ruling
The judgment of the Kenyan High Court joins a global constitutional conversation of how institutional inequalities within the family may be judicially redressed.
In an interesting judgment delivered earlier this month, the High Court of Kenya at Nakuru held that the housework and care-work performed by a female spouse (the plaintiff) entitled her to an equal share of the matrimonial property at the time of the dissolution of marriage. The facts of MW v AN were that the parties were married in 1990, separated in 2003, and divorced in 2011. The dispute centred on the fate of a house constructed at Nakuru. While the house was registered in the name of the male spouse (the defendant), the plaintiff argued that she had taken out extensive loans to finance the purchase of the land and the construction of the house. Moreover, despite having a job herself, she had been the sole caregiver in the family. The defendant, for his part, argued that not only had he bought the plot on his own, but had also been providing financial contributions towards the upkeep of his wife.
The High Court of Kenya at Nakuru held that the housework and care-work performed by a female spouse (the plaintiff) entitled her to an equal share of the matrimonial property at the time of the dissolution of marriage.
Justice Mumbua Matheka observed that Section 6(7) of the Matrimonial Property Act of 2013, matrimonial property “vests in the spouses according to the contribution of either spouse towards its question, and shall be divided between the spouses if they divorce or their marriage is otherwise dissolved.” In Echaria v Echaria, it had been held by the Court of Appeal that where there was a “substantial but unascertainable contribution” by both parties, a default rule of equal division would apply. The question, of course, turned upon the meaning of the word “contribution”.
In this context, Justice Matheka observed that “contribution” would have to include not only tangible financial contribution, but also the “unseen” contribution of housework and care-work. In paragraph 38, she observed:
This other part of mothering, housekeeping and taking care of the family is more often than not not given any value when it comes to sharing matrimonial property. It is easy for the spouse working away from home and sending money to lay claim to the whole property purchased and developed with that money by the spouse staying at home and taking care of the children and the family. That spouse will be heard to say that the other one was not employed so they contributed nothing. That can no longer be a tenable argument as it is a fact that stay at home parents and in particular women because of our cultural connotations do much more work (house wives) due to the nature of the job . . . hence for a woman in employment who has to balance child bearing and rearing this contribution must be considered. How do we put monetary value to that process where a woman bears the pregnancy, gives birth, and takes care of the babies and where after divorce or separation she takes care of the children single handedly without any help from the father of the children. . . . Should this court take this into consideration when distributing matrimonial property where the husband as in this case is left in the matrimonial home where the wife rents a house to provide shelter for herself and the children? I think it should count, especially where the husband has not supported the raising of the children, has not borne his share of parental responsibility.
Furthermore, this would have to be determined by evidence:
It is time that parties took time to give evidence, sufficient enough to support the value to be placed on the less obvious contribution. It is unfair and unjust for one party to be busy just making their money (the ‘seen’ income) while the other is doing two or three other jobs in the family whose income is ‘unseen’ and then claim this other one did nothing. This attitude is so entrenched we still hear women especially who are housewives say: sifanyi kazi (literally I do not do any work) simply because they do not leave the home to go earn money elsewhere.
Consequently, Justice Matheka held that notwithstanding the fact that the matrimonial property was registered in the name of the husband, the maximum “equality is equity” would apply, and that consequently “the property be valued, sold and each party have 1⁄2 share of the proceeds of the sale.”
Justice Matheka’s judgement is important because of the explicit recognition it gives to “unseen” and unpaid housework, within the context of domestic relationships; as has been well established by now, across the world and across societies, within the institution of the family, the burden of such work is gendered in nature (see, e.g., The Second Shift) – and often, unseen and unpaid domestic work by the female spouse is what “frees up” the male spouse to enter the labour market and engage in the kind of financially remunerative work that, ultimately, results in (for example) matrimonial property being bought with “his” money, and therefore registered in his name. Thus, departures from traditional notions of property are essential in order to do justice in and within the institution of the family.
It is important to contextualise this judgment, both within the framework of Kenyan and comparative law. In Kenya, the default position used to be (as in many other countries) that only financial contributions were to be taken into account in calculating respective shares in the matrimonial property upon dissolution of marriage. Explicitly seeking to change this, the Kenyan Constitution of 2010 contained Article 45(3), which – borrowed from CEDAW – states that, “Parties to a marriage are entitled to equal rights at the time of marriage, during the marriage and at the dissolution of the marriage.” In her book, Equality in Kenya’s 2010 Constitution (2021), Dr Victoria Miyandazi notes that the intention behind Article 45 was, inter alia, to address “harmful practices such as . . . unequal claims to matrimonial property upon divorce.” In Agnes Nanjala Williams vs Jacob Petrus Nicholas Vandergoes, the Court of Appeal directly applied Article 45 between two private parties to mandate an equal division of assets between the spouses, even in the absence of a statutory framework (“horizontal application of rights”).
Justice Matheka’s judgement is important because of the explicit recognition it gives to “unseen” and unpaid housework.
This position, however, was arguably overruled by the Matrimonial Property Act of 2013, which required judges to take into account the relative contributions of the spouses (as indicated above), but also explicitly specified that the word “contributions” included “domestic work, childcare, and companionship.” The Matrimonial Property Act was challenged by the Federation of Woman Lawyers on the basis that the displacement of the 50 per cent rule in favour of “non-monetary contributions” would restore the gendered inequality within marriage, based on the difficulty of calculating non-monetary contributions. This challenge, however, was rejected by the court.
In that context, the judgment in MW v AN is important, as it essentially restores the position of the default equality rule where there is evidence of “non-monetary contribution”, and allays fears that judiciaries that might not have entirely broken out of patriarchal norms will use the vagueness of the statutory clause to devalue housework or care-work.
Furthermore, this is a position that has been advanced by progressive courts across the world. Perhaps the most outstanding example is New Zealand, where the Property Relations Act of 1976 established a presumption of equal sharing at the time of dissolution, and specifically provided that financial contribution was not to be treated as weightier than non-financial contribution. In numerous judgments interpreting the Property Relations Act, the New Zealand courts have interpreted it with a view towards fulfilling the statutory purpose of achieving the “equal status of women in society”, holding, for example, that wherever the provisions of the Act were ambiguous, the default presumption would be in favour of the property being matrimonial/joint (and therefore, subject to equal division).
The judgment in MW v AN is important, as it essentially restores the position of the default equality rule where there is evidence of “non-monetary contribution”.
Indeed, Justice Matheka’s language is also remarkably similar to a 1992 judgment of the Colombian Constitutional Court. In Sentencia No. T-494/1992, the Constitutional Court was considering the eviction of a widow from the matrimonial home; the widow’s non-monetary contributions had not been taken into account in determining whether or not she had a legal interest in the home. The Constitutional Court noted that such a position would have the effect of “invisiblising” domestic work, and deepening inequalities within social relations. The court went on to question the “artificial” distinction between “productive” and “non-productive work”, and noted that refusal to factor in unpaid domestic work would violate the Colombian Constitution’s guarantee of equality and non-discrimination.
The judgment of the Kenyan High Court, thus, joins a global constitutional conversation of how institutional inequalities within the family may be judicially redressed; and it also, I submit, advances the goals of Article 45(3) – itself a fascinating constitutional provision. For these reasons, it deserves careful study by students of comparative constitutional law.
The False Narratives That Stand in the Way of Our Future
Science vs the arts is a false dichotomy. We must intertwine our artistic skills with our scientific insights to invent our future.
Over the last few years, I have come to understand at least three narratives that some Kenyans use to wish away the contradictions of the Kenyan state. No matter how much such Kenyans are presented with evidence of changing times or with history that gives a different perspective, they will repeat these narratives louder to drown out the other voices.
Behind all these narratives lies an effort to wish away the fragmentation of the people by the Kenyan state. But, more than that, these narratives are protected by the curriculum of the public schools which does not allow the teaching of the arts, and particularly the teaching of history. Kenyans are thus denied the opportunity to develop their intellectual capacity to understand not just the limitations of the Kenya state, but to understand the reality of the world in the 21st century.
These narratives are: Social issues such as crime, truancy and drug abuse afflict young men due to the neglect of the “boy child” (by whom, it is never clear), which in turn is due to advocacy for girls by Western feminists; Tanzania is communist and Kenya is capitalist; more Kenyan students need to study the sciences because that’s what the job market needs.
The boy child
Kenyans use the narrative of the neglect of the boy child to deflect questions that affect mostly poor young men, such as police brutality against men, the flawed masculinity promoted by the Kenyan male elite, and the culture of rape that is not only sexual but also financial, intellectual and environmental. By avoiding such analysis, we evade acknowledging that although Kenyan men dominate property ownership and positions of power, those men belong to a socio-economic minority.
Not dealing with the interaction between gender and class allows us to cling to the hope that manhood can be a ticket for all Kenyan men to gain same access to the wealth and power enjoyed by the ruling class. The reality is, though, that this model of the state cannot accommodate more than a minority with that much wealth and power. But rather than dismantle this exploitation, Kenyans would rather blame girls. Imagine that. We adults are blaming children for our failure to establish an equitable society.
This distraction of Kenyans from the inequality of the state is further integrated with race through Kenyans’ focus on Western feminism. Ironically though, the goal of Western feminism is exactly that: to silence questions about the Eurocentric global system and instead simply negotiate white women’s place in it. And this argument has been made for decades by scholars like Micere Mugo, Oyeronke Oyewumi, Ifi Amadiume and Amina Mama, while men such as Ousmane Sembene and Thomas Sankara have tied women’s freedom to African freedom as a whole. However, Kenyan education is grossly Eurocentric. Many graduate students have never heard of these names, and what many Kenyans know of feminism is what they read from white American evangelicals, whose thoughts are shared every Sunday on many Kenyan pulpits.
The narrative of communist Tanzania vs. capitalist Kenya is equally twisted, especially when one remembers that the Berlin Wall fell twenty-seven years ago and the Soviet Union collapsed twenty-five years ago. However, holding onto this myth serves a purpose: it helps us avoid asking questions about our country’s internal exploitation and poor foreign policy choices. The narrative also comforts a certain superiority complex that is rooted in eurocentrism. We think we’re better than Tanzanians because we’re richer. However, we forget that the “we” who are richer are a minority of Kenyans, all thanks to tribalism, which enables us to “share” in the wealth of the privileged few in our respective ethnic groups. In tribalist thinking, kumeza mate ndiko kula nyama, to swallow saliva is to eat meat.
We can also avoid the reality that Tanzania may have a point in questioning the Economic Partnership Agreement (EPA) that Kenya has enthusiastically signed with the European Union. Already, there are credible voices, like former president Benjamin Mkapa and scholar Horace Campbell, indicating that the EPA will benefit only the flower industry (whose members include colonial settlers), and will take the rest of Kenya to the cleaners. But instead of us asking whether our own government signed the EPA agreement in the interests of the Kenyan people, it is easier to dismiss Tanzania as “communist” and “cold” towards Kenya.
We have also not come to terms with the history of Kenya’s anti-African foreign policy choices since independence. In word, Kenya publicly declared opposition to apartheid, but in deed, Kenya did not support the ANC and was, in fact, trading with apartheid South Africa. Tanzania, on the other hand, was a base for the ANC. A similar thing happened with the genocide against the Tutsi in Rwanda. As Tanzania welcomed Rwandan refugees, Kenya was home to the rich génocidaires (President Juvenal Habyarimana’s wife was one of those who fled to Europe through Kenya). At the height of the killings, Kenya sent a planeload of Tutsi refugees back to Rwanda. What happened to those refugees is anyone’s guess.
Education: Science vs. arts
In the war against the arts, the narrative of science vs. the arts deflects responsibility for a crawling economy from the leaders to the people. If graduates are jobless, the narrative implies, it is because the graduates are studying the wrong subjects in school, not because the greed and stupidity of the Kenyan ruling class has been an obstacle to the economy expanding to accommodate all talents and professions. That is why the truth that medical and engineering graduates are not getting employed, and the few who do find work are not getting paid, has not yet entrenched itself in public conversations about careers in the sciences.
The problem is that this narrative against arts education is stuck in the industrial era (yes, the 19th century in the West, not Africa), where the governments and industries expected mass education to produce workers for factories. The world has since moved on to the information age, where the automation of knowledge by computers means that “progress” is determined by access to information. And experts are now talking of a conceptual age where what counts is not only information, but also the ability to use it creatively, otherwise called innovation.
In the war against the arts, the narrative of science vs. the arts deflects responsibility for a crawling economy from the leaders to the people.
The division between arts and sciences is traumatizing, even to the individual learner. I remember our frustration as form five students being forced to choose between sciences and arts. A number of us actually loved mathematics and scored distinctions in O levels, but we were told that if we did mathematics we had to do biology, chemistry or physics, in which we were not interested. Can you imagine what innovations would have come out of my generation had we been allowed to do both arts and science, even at university?
What this means is that the whole science vs. arts narrative is literally useless. And yet, the Jubilee government has entrenched this schism, with the Education Cabinet Secretary and his boss, the Deputy President, attacking arts programmes as irrelevant to the country’s needs. As if that is not bad enough, the proposed new curriculum talks of separating schools into “talent” and “technical” schools.
This country does not need to widen this schism in knowledge but to narrow it, so that our youth learn to combine data and information with creativity, and in so doing, craft solutions at both the macro and micro level. Kenyan students should be able to do mathematics and linguistics, or music and physics, agriculture and fine art, or history of the sciences, if they so wish. But instead of bridging this gap, the government is stuck in the 60s, when it saw science and arts as opposite poles.
Worse, the government is basing this division on the equally archaic idea of the job market that belongs to the days of independence. In those days, the government was so desperate for Africans to fill the posts left behind by colonialists that people were guaranteed jobs even after primary school, and they would rise up the ranks in those careers and then retire. But that era no longer exists. These days, a growing proportion of people are in careers different from the ones for which they were trained, and are likely to have changed jobs at least four times before they retire. The job market is no longer the same. What we need is a critical and creative reflection on what these changing times mean for education.
Dealing with our contradictions
We Kenyans need to stop hiding behind dated narratives of colonial tribalism and the Cold War and develop the guts to confront the good, the bad and the ugly of our history and our national consciousness. We must not shy away from asking ourselves difficult questions about what colonialism actually did to us, how that colonialism is deeply embedded in the current political culture, and how that exploitation is masculinized and transmitted through the education system. We can get the facts about our oppression from science and the social sciences. But we can only face the accompanying dread and implications for social change through the arts.
Experts are now talking of a conceptual age where what counts is not only information, but also the ability to use it creatively, otherwise called innovation.
We also must realize that the reason successive Kenya governments have deliberately discouraged us from learning the arts, and particularly the history of Kenya and of the African continent, is not because they are concerned with development needs. The political class does not want us to understand the reality that we the people are slaving away to enrich a minority.
The schisms that divide Kenyans from each other along ethnicity and gender, or separate Kenyans from their neighbours, or delude us that our professions have no link to our talents, all serve to prevent us from making connections across time, space and cultures. We understand our realities only with a healthy dose of the arts, and we can only craft solutions by weaving our creativity with the tools of science and all the knowledge available to humankind.
We must therefore reject these narratives that fragment the Kenyan psyche along gender, ethnicity, religious and professional lines. Let us choose to uproot patriarchy, misogyny and religious bigotry, to understand our continental history, and to intertwine our artistic skills with our scientific insights. Only then can we, as Thomas Sankara said, dare to invent the future.
I Write What I Like: Steve Biko’s Legacy of Black Consciousness and Anti-Capitalism Revisited
Continuing our look at the life of Steve Biko, Heike Becker writes about two extraordinary events.
In 2015 students at South African universities rose up in a mass revolt. Young women and men born after the end of apartheid in 1994 demanded free education; they forcefully insisted that tuition fees be scrapped, and also that the contents, methodologies and academic teachers reflect the post-apartheid ‘free’ South Africa.
In the new student movements the legacy of Steve Biko, who was murdered by the apartheid regime on 12 September 1977 became important again. Young students regarded Biko’s call to autonomous Black action as still relevant for contemporary South Africa. Black Consciousness philosophy gained significance again when students insisted upon the reform of curricula, which they said conveyed racist and colonialist forms of knowledge and ignored, even scorned African intellectual experience. Calls on black people to first free their own minds, become conscious of their own, and each other’s conditions and work together to change the material conditions of black students have been the guiding principles of the new South African student movements as they were for the generation of the 1970s.
A brush with the police: Biko’s early politicisation
Stephen Bantu (Steve) Biko was born in what is today the Eastern Cape province of South Africa on 18 December 1946. His father worked as a policeman, and later as a clerk in the King William’s Town Native Affairs office. He was also enrolled for legal studies at the University of South Africa (UNISA), the distance-learning university. Steve’s father died suddenly in 1950, when Steve was four years old. His mother subsequently raised the children on her own, working as a cook at a local hospital.
In 1962 Steve started his senior secondary schooling at the famous mission educational insitutiton in the Eastern Cape, Lovedale college, where his elder brother Khaya was already a student. Khaya, who was politically active with the Pan Africanist Congress (PAC), became a major influence on Steve’s introduction to resistance and liberation politics. A few months into Steve’s studies at Lovedale the Biko brothers were taken into custody by the police. Khaya, who was suspected of being involved with Poqo, the armed wing of the PAC, was charged and sentenced to two years imprisonment, with 15 months suspended. Steve was interrogated by the police and though released he was subsequently expelled from the school after only attending it for three months.
Though he was forced to return home he continued going to classes at Lovedale, where he became friends with Barney Pityana, at the time a student at the school. This friendship became significant in the formation of the Black Consciousness movement, and especially the South African Student Organisation (SASO).
Black Consciousness ideology and the formation of SASO
SASO arose out of profound revolts against apartheid and institutional racism, which spread across South African universities from the mid-1960s. In 1968 at Fort Hare, a fairly independent black institution for higher education, students boycotted the installation of the new rector Johannes Marthinus de Wet, a member of the Afrikaner broederbond (a secret society of male white nationalists). Later in the year the university was closed and 23 students, among them Barney Pityana were not allowed to come back. Significantly, a new organisation of student protest arose in the very last days of 1968 when SASO was founded during a meeting, exclusively attended by black students. This event took place at Mariannhill, a Catholic mission west of Durban, and the site of St. Francis College, a coeducational independent secondary school, which was the alma mater of Biko, from which he had matriculated with very good grades in 1965 and subsequently taken up studies at the ‘non-European’ medical school of the University of Natal. Biko became the new organisation’s first President when SASO was officially inaugurated at the Turfloop campus of the University of the North (UNIN) in July of the following year.
The developments that led to the formation of SASO need to be understood in the politics of South Africa’s 1968 moment, a reinvention of the politics of protest. The late 1960s and early 1970s saw the emergence of new repertoires of resistance in student protests. Yet SASO’s formation was also due to the complex relations of black students with the country’s long-existing national student organisation NUSAS (National Union of South African Students). NUSAS, which had been founded in 1924, was open to students of all races.
At the ‘black’ universities which had been established as apartheid institutions in the early 1960s small numbers of students joined NUSAS, and at some institutions battles took place for permission to form autonomous Student Representative Councils (SRC) and to affiliate to NUSAS. Yet there also was frustration about racist tendencies within the student association. At issue was that NUSAS despite its multiracial membership was essentially dominated and controlled by white students.
In 1968 Biko and others thus formed SASO, which for political reasons offered membership to students of all ‘black’ sections of the population, which included those assigned to the apartheid categories of ‘African’, ‘Coloured’ and ‘Indian’. In 1971 the SASO Policy Manifesto set out the Black Consciousness doctrine.
On the organisational level, the SASO activists held that to avoid domination by white ‘liberals’ black people had to organise independently. In 1970 Biko wrote in the SASO Newsletter, suggestively signing as ‘Frank Talk’:
The role of the white liberal in the black man’s history in South Africa is a curious one. Very few black organisations were not under white direction. True to their image, the white liberals always knew what was good for the blacks and told them so…
Nowhere is the arrogance of the liberal ideology demonstrated so well as in their insistence that the problems of the country can only be solved by a bilateral approach involving both black and white. This has, by and large, come to be taken in all seriousness as the modus operandi in South Africa by all those who claim they would like a change in the status quo. Hence the multiracial political organisations and parties and the ‘nonracial’ student organisations, all of which insist on integration not only as an end goal but also as a means.
Black Consciousness as SASO’s official ideology was profoundly influenced by the SASO leadership’s reading of Frantz Fanon, particularly the militant philosopher’s Black Skin, White Masks and the African-American Black Power movement. In the early years the focus was on the psychological empowerment of black people; they believed that black people needed to rid themselves of any sense of racial inferiority, an idea they expressed by popularizing the slogan ‘black is beautiful’. As early as 1971, the SASO leadership discussed proposals to cast off the students-only attitude, including the formation of a Black Workers’ Council (later renamed the Black Workers Project) and launched the Black People’s Convention (BPC), a new political movement that would soon run alongside SASO. Practically the activists organised Black Community Programmes (BCPs).
In the early years of its existence, the all-black SASO was allowed space to grow at the black universities, in part because the government regarded the separate black student association and its emphasis on largely psychological-oriented black consciousness as quite compatible with the apartheid ideology. They were to learn soon that SASO, and more generally the ‘black conscious movement’ that Biko promoted, posed a major threat to the regime. But by the time that SASO began to be more active in political campaigns, from about 1972 onwards, the organisation had established already firm structural roots, which made it difficult for the government to entirely suppress it.
An early example of the dialectics of repression and radicalised politicization included the 1972 student protests at ‘Turfloop’ after the Student Representative Council (SRC) President, Onkgopotse Tiro, was expelled after speaking out against Bantu education during a graduation ceremony at the university. 1974 became a crucial year. In January SASO officially condemned the presence of the Apartheid forces in Namibia; the organisation also reaffirmed the non-collaboration stance of the Black Consciousness Movement and condemned the Bantustan leaders. In September of the same year a rally celebrated the ascension of FRELIMO (the Mozambican liberation movement under the leadership of Samora Machel) into power in Mozambique was held despite the refusal to grant permission for the action.
Repression followed suit. Eighty SASO and BPC leaders were detained without trial for their support of the pro-FRELIMO rally and during the following year tried at the Supreme Court in Pretoria, eventually in 1976 they were sentenced and incarcerated on Robben Island. In 1974 SASO was listed as one of the affected organisation under the Affected Organisation Act of 1974. This prohibited it from receiving foreign funding to pursue its objectives. In July 1975 SASO held its annual conference under very difficult conditions. Only one member of the executive committee could attend the meeting. The rest of the executive members were either banned or had been arrested. Finally in October 1977, SASO and other Black Consciousness organisations were banned under the Internal Security Act. The most brutal example of repression of course was the murder of Steve Biko while in detention in September 1977.
The ‘Durban Moment’
As South African student politics radicalised, the protests initially confined to university politics grew beyond campus concerns; they became instrumental in laying the grounds for the new black trade unions that emerged in the 1970s. In some instances, black and white students, and a few younger, radical academics, worked together in these new-left politics. Radical academics were involved particularly in the efforts around strikes and black labour unions. The connection between students, radical academics, workers and other marginalised social groups becomes brilliantly apparent in the ‘Durban moment’, probably the most significant political development ensuing from South Africa’s 1968. The ‘Durban moment’ is often regarded as the beginning of the new wave of resistance that led to the Soweto uprising, the massive uprisings of the 1980s and eventually the demise of the regime.
Early 1973 saw a massive strike wave in the port town of Durban. By the end of March 1973, almost 100,000, mainly African workers, approximately half of the entire African workers employed in Durban, had come out on strike. Through songs and marches, workers made their demands heard – the first public mass action since the political activism of the 1950s. This was political action, and also more immediately a labour revolt; workers exercised the power of factory-based mass action.
What looked like spontaneous strikes, originated in a complex mix: low wages, the humiliation of pass laws and racism, the hardship of migrant labour, forced removals, and significantly the denial of black workers’ right to organize. The strikes signalled the growth of militant non-racial trade unionism, and in a wider sense a revived spirit of rebellion in the country.
There were links between the eruption of workers’ action and the underground liberation movements; the resurgence of Marxist thinking among a new generation came into play. There was however also, though this has sometimes been denied, decisive influence of the recently emerged Black Consciousness movements’ ideas. Of special importance was the links between activist intellectuals, who in different ways embodied South Africa’s 1968 moment, thinking in new ideological perspectives, and having tried out new methods of activism. Most significant here was the special political alliance, intellectual and personal friendship between Steve Biko and Richard (‘Rick’) Turner, a lecturer in political philosophy at the University of Natal, who held a doctorate on the political works of Jean-Paul Sartre, which he had completed at the Sorbonne in Paris. In the early 1970s Turner was a researcher into labour issues, and a community and labour organiser in Durban, deeply influenced by the French Left, including Althusserian readings of Marxism.
Turner’s and Biko’s philosophical and political ideas significantly shaped the massive strikes in Durban in the early 1970s and continued to impact on the resistance movement against apartheid in different ways throughout the 1980s. Biko’s radical emancipatory Black Consciousness ideology in conversation with Turner’s anti-capitalist notion of ‘participatory democracy’ provided a brief glimpse into the possibilities of another South Africa.
The murder of Biko while in police detention in September 1977, and the assassination of Turner a few months later, in January 1978 at his home in Durban were devastating for their families, friends and comrades. They were shattering too for the country’s politics of resistance, closing off new non-authoritarian radical forms of resistance. Biko’s (and Turner’s) imaginative power and creativity, and their reflection on alternatives to apartheid beyond the management of the state by the liberation movement in power remains a tremendous inspiration.
This article was first published in the Review of African political Economy (ROAPE).
Op-Eds1 week ago
Miguna Miguna Must Return Home and Court Orders Must Be Obeyed
Culture2 weeks ago
Tea, Receipts and the Tabloidization of Kenyan Culture and Society
Op-Eds2 weeks ago
The Lies They Tell Us About Education, Work, and the Arts
Politics2 weeks ago
How Dadaab Has Changed the Fortunes of North-Eastern Kenya
Politics6 days ago
Laikipia Land Crisis: A Ticking Time Bomb
Politics2 weeks ago
The Assassination of President Jovenel Moïse and the Haitian Imbroglio
Culture2 weeks ago
The Pitfalls and Potentials for African Cinema
Politics2 weeks ago
Dadaab: Playing Politics With the Lives of Somali Refugees in Kenya