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Nyayo House: Unravelling the Architecture and Aesthetics of Torture

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“I’m conflicted. Sometimes I want them to just tear it down. But it’s also part of our history. If we don’t deal with the legacy of that past then we are likely to repeat the same mistakes”.

Wachira Waheire spends several of the first minutes of our interview sizing me up. As he shares this observation with me, he is guarded and measured, uncertain that he will collaborate with me until he establishes who I am and why I need to speak to him. It is Saturday morning in the Kenyan capital Nairobi and the museum coffee shop where we are meeting is buzzing. Only when I show him samples of my previous writing on my phone does he begin to relax and speak a little more freely. “You know this story is very traumatising,” he tells me. “Every time a journalist asks me to talk about it, I give a piece of myself away. I relive the experience again. It’s very hard.”

Waheire was bundled back into the vehicle and driven around for hours before he was dropped off in the bowels of a building he didn’t recognise. “I was promised a short questioning – I ended up in prison for four years. But had I not been so young and healthy I’m not sure I would even be here today,” he says, laughing mirthlessly.

This story is the 17 days Waheire spent in the tower looming over us during our interview, days in which he was beaten, tortured and interrogated before he was finally transferred to a maximum security prison, where he was held in solitary confinement for four years. In 1986, Waheire was 25 and two years out from university when Kenyan Special Branch officers showed up at his office and asked him to follow them. The officers calmly escorted him to the back of a four-wheel-drive vehicle and took him to his home. There, they found a political poster featuring an ear of corn and an AK-47 that stated that food insecurity was the root of revolution. The officers argued that that was enough to charge him with sedition. Suddenly the mood shifted.

Waheire was bundled back into the vehicle and driven around for hours before he was dropped off in the bowels of a building he didn’t recognise. “I was promised a short questioning – I ended up in prison for four years. But had I not been so young and healthy I’m not sure I would even be here today,” he says, laughing mirthlessly.

The building where Waheire was held is Nyayo House, once the Nairobi provincial headquarters and administrative heart of the city. Commissioned in 1973 by the Ministry of Works, it was initially planned as the 14-storey “Nairobi House”. In 1979, a year after he assumed office following the death of his predecessor Jomo Kenyatta, President Daniel arap Moi, also known by the sobriquet Nyayo, renamed the project Nyayo House. In a 2003 interview, the then chief government architect, the late A. A. Ngotho, said that by the time they broke ground, the decision to use the building for Special Branch offices as well as other government ministries had been taken.

Nyayo House is loaded with symbols of the relationship between the two presidents. It was for several years the second tallest building after the Kenyatta International Conference Centre, a nod to the way Moi, who served as vice president under Kenyatta, always positioned himself as secondary to his predecessor. Indeed, the word “Nyayo” is Kiswahili for footsteps – a nickname that Moi gave himself and his political philosophy to indicate that he would follow in the footsteps of his predecessor. Thus the building initially conceived as Nairobi House became Nyayo House on completion, and for almost 22 years, Nairobi’s big men symbolically presided over the capital city until Times Tower was completed in 1995.

Both Nyayo House and Nyati House were at the heart of the Moi regime’s torture network, and Kenyans who remember the 1986 to 1992 period still associate the two buildings with arbitrary arrests, detentions and disappearances. Growing up in Nairobi, we avoided walking past Nyati House, especially because of rumours that you could be arrested and held incommunicado for simply looking at the building in the wrong way.

The Moi regime was on shaky grounds from the beginning, but its most severe challenge was an attempted coup by the air force in 1982 that triggered a wave of punitive repression that arguably didn’t end until the Moi regime itself ended and reached its apogee in sites like Nyayo House. Between 1982 and 1985, after the building had been finished, the government architects who oversaw the project were asked by the Special Branch to make several alterations to the original planning that would turn an office block in the heart of a major city into one of the most secretive and notorious prisons in the country. Twelve strong rooms in the basement were turned into pitch black holding cells and concrete slabs blocked elevator access to all but five floors. Access to the top three floors was blocked almost entirely, except through a single door.

In a 2003 interview with a local paper, the then police commissioner Bernard Njiinu argued that even he didn’t have a sense of the full scope of what was happening in the building. “I knew what I read in the newspapers like anybody elsewhere,” he told journalists, even though he was building a picture of his own from titbits of information he gathered independently.

Waheire gives credence to this argument. “It used to be a very busy government office,” he recalls, “but we were always brought in at night, and they made it so that the office workers never knew what was happening in the basement.” Thus, while by day bureaucrats pushed paper and traded water cooler banter, by night hundreds of political prisoners were held incommunicado in the basement, shuffled to the rooftop for painful beating and interrogation sessions, and then shuffled back downstairs for more torture in the form of sensory deprivation and environmental manipulation. Those in the offices may not have known the particulars, but certainly most of Nairobi suspected that all was not well within the building. There were too many “suicides” off the top floor. There were too many armed police officers milling about in the corridors and at the entrances, shouting at civilians to stay away from the staircases.

The scale of the operation was eventually so large that it couldn’t be contained completely and locals would swear that even the air around the building was sodden with the stench of death. The fear and paranoia it triggered is still reflected in the way Nairobians who remember that time navigate the city, leaving a wide berth around Nyayo House even if it is the shortest route to their destination. It is seared in the collective memory of the city.

Do buildings have memory? The phrase “institutional memory” generally refers to the way ideas get preserved and transmitted across a network over time. But there isn’t really a word to describe the ways in which negative energies become indelibly associated with buildings or constructed artefacts that have been used to violent ends. Yet violence like torture marks buildings not least with the physical debris of damaged human bodies: blood stains the walls and floors and soaks into the concrete; human waste in substantial quantities festers in poorly ventilated spaces.

Walking through such spaces, especially when these spaces have been built or altered to accommodate such uses, one often gets a sense of claustrophobia. Spiritualists may argue that this is the weight of tormented spirits that succumbed to unnatural deaths in these spaces, but non-spiritualists would probably observe that our perception of physical spaces is altered by the uses we associate with them.

Moreover, there’s the more ethereal sense of oppression that lingers even after the torture. Walking through such spaces, especially when these spaces have been built or altered to accommodate such uses, one often gets a sense of claustrophobia. Spiritualists may argue that this is the weight of tormented spirits that succumbed to unnatural deaths in these spaces, but non-spiritualists would probably observe that our perception of physical spaces is altered by the uses we associate with them. The philosopher Saul Fisher argues in the Stanford Encyclopedia of philosophy that beyond aesthetics or beauty, our experience of the built environment contributes to our state of mind – “the ways we experience architectural objects may contribute to how we comprehend, and interact with, those objects.” So an ugly building used as a space to save lives will evoke an entirely different emotion from a beautiful building used for torture.

The experience – even if second hand – of associating a building with torture, or even with deep uncertainty that is amplified by watching others’ anxieties around such buildings, shapes the way we experience these buildings. You feel it when walking through the basement of Elmina Castle in Ghana, a major stopover for the transatlantic slave trade, where hundreds of thousands of slaves were held in near complete darkness before being shipped off to slavery between 1637 and the abolition of slavery in 1814. It is present in the small rooms of Tuol Sleng prison in Phnom Penh, Cambodia, where almost 20,000 Cambodians were tortured and killed during Pol Pot’s regime. Long after the blood stains have dried and the smell of decaying flesh has wafted, the weight of history hangs in the air in these places, altering our experience of even the most banal bureaucratic artefacts.

But does it persist forever?

Certainly, a collective memory of oppression changes the way people interact with buildings and constructed artefacts: a step is just a step until a parent tells you that it is the “naughty step” where you’re expected to wait out a time out. But buildings like Nyayo House in Nairobi or John Vorseter Square (Johannesburg Central Police Station) in Johannesburg, which both remain in quotidian use, raise the question of whether the legacy of torture is imprinted indelibly into the structures’ DNA. Like Nyayo House, John Vorseter Square was at the heart of a violently oppressive state in which political prisoners were arbitrarily detained, tortured and killed. The similarities don’t end there; John Vorseter Square is also an architecturally uninspiring building that would be left out of any city tour of Johannesburg were it not the site of so much of the apartheid state’s machinery of murder. As with Nyayo House, none of this is a secret, but governments continue to use these buildings.

It’s been 25 years since the last confirmed incident of torture at Nyayo House, and in the lead-up to the International Day in Support of Victims of Torture, the city has still not resolved what to do with the building. The Truth Justice and Reconciliation Commission (TJRC) convened in 2008 and suggested that it should be turned into a museum, a move that Waheire – who worked with the commission – supports. “It’s a symbol of unfinished business because it remains there and it remains in use,” Waheire reflects. Yet, Waheire isn’t convinced that demolishing the building would give victims the closure that they need. “It should remain,” he tells me, “and they should retain the name to retain the essence. If they change the name they can change everything. It should remain Nyayo House so that the history is encapsulated.”

Memory is an idea that Waheire obsesses over, especially as he watches the state erase the truth about Nyayo House torture from the minds of younger generations by leaving it out of the current school curriculum. In other countries, such buildings are decommissioned and turned into museums – spaces where a community can reckon with an ugly chapter of its history. But Nyayo House is a staggeringly tall tower in the heart of a city struggling for space. There simply aren’t enough artefacts from the 12-room cell below and the three stories at the top to fill every space of the building as a museum.

Waheire sees a compromise, arguing that the basement alone should be turned into a museum, instead of its current use as a storage space and dumpsite for office waste from above. “The government hasn’t accepted the idea [of Nyayo House as a historical site] so they are attempting to delete that history. It’s filthy. It is a dumpsite. It was cleaned in 2013 during the [TJRC] hearings but since then …” he trails off. Preserving the memory of these dark years is Waheire’s main work that he does as a volunteer, pushing for the public to rally and protect this memory so that it may never happen again.

Nyayo House is one of a pair of buildings in downtown Nairobi indelibly marked by a legacy of torture, the other being Nyati House, a squat and architecturally uninspiring stack of gray concrete that once served as the headquarters of the dreaded Special Branch, a clandestine arm of the police force that was instrumental in arresting, detaining and torturing real or imagined dissidents during the Moi era. In a 2012 interview with a local newspaper Wanyiri Kihoro, a former detainee, observed of Nyati House that “people would get shivers just from passing by the building’s entrance. It was shrouded in so much mystery that it would seem your own personal demons came alive with each step towards it.”

Over time, stories began to leak, especially when it became impossible to ignore the sheer number of “suicides” reported at Nyayo House. It seemed strange that while no one was allowed access to the top three floors of the building, and at a time when suicide was technically illegal in Kenya, a dead body having allegedly jumped off the top floor would show up every few days. Growing up in Nairobi in the 1990s, I remember being advised to walk past the building quickly in case a body was falling.

Nyayo House, on the other hand, has at least some architectural merit. The dull orange exterior dominates the intersection of two of Nairobi’s main thoroughfares – the Uhuru Highway and Kenyatta Avenue – and its phallic symbolism is all the more prominent as it towers past the trees of the three parks that comprise the southern boundary of the central business district.

Although fundamentally an archetype of the sterile brutalism of Nairobi in the 1980s, it is not an entirely uninspiring example. Rather than a solid rectangular shape, it has a doubled-H shape, and is essentially three towers connected by a corridor. The orange of the two outer towers contrasts slightly with the dull brown of the core tower, and its corners are rounded where other towers have sharp edges. Combined with the flamboyant two-tone colour, the structure of the building adds a touch of quirkiness to the austere design.

In 1985, when it was opened, Nyayo House reflected a style that was perceptively different from the city’s Kenyatta International Convention Centre (KICC). The latter conformed to the flamboyance of the African modernist frenzy of the 1960s and 70s – the euphoria of the independence era leading to fanciful, extravagant designs that birthed a rotating restaurant flaring from the ceiling of a tower like an elaborate head dress, while a squat plenary hall echoing the lines of a traditional hut sits nearby. Nyayo House, on the other hand, was a concession to the pragmatism of the economic austerity of the 1980s – clean, tame lines with only the smallest concessions to artistic flare.

Both Nyayo House and Nyati House were at the heart of the Moi regime’s torture network, and Kenyans who remember the 1986 to 1992 period still associate the two buildings with arbitrary arrests, detentions and disappearances. Growing up in Nairobi, we avoided walking past Nyati House, especially because of rumours that you could be arrested and held incommunicado for simply looking at the building in the wrong way. In a 2014 interview with the local press, John Ng’aari, a pro-democracy activist in the 1980s, said that he still felt an urge to urinate in fear whenever he walked past Nyati House and that “seeing it evokes memories of the old terror days when speaking out was a crime. Amongst our prayer items in those days was ‘may God save us from Nyati House’”.

Waheire’s ambiguous position on Nyayo House is indicative of the less categorical perspective that Nairobians have towards Nyayo House compared to Nyati House. Unlike Nyati House, which is still used as a police building, and is therefore, closed to the public and shrouded in secrecy, Nyayo House has always been a mixed-purpose building. Since 1983 when the building was completed, it has been home to the Department of Immigration, the provincial administration where Nairobi residents applied for various permits and official documents, as well as the head office for the first privately owned television station in the country’s history, the Kenya Television Network (KTN). Given this expansive use, it has always been and remains one of the busiest buildings in the country, with queues for new passports and permits often snaking around the parking lot and into the street. All of this went on even while people like Waheire were moaning in misery – beaten, deprived of food, sleep and water – in the basement below.

Buildings like Nyayo House are integral to the process of administrative massacres because they allow authorities to bureaucratise the process of torture and killing and to normalise the process as a function of the state.

Ngotho, in the Saturday Nation of 5 May 2012, insisted that Nyayo House was not deliberately built for torture, but testimony given at the Kenya Truth, Justice and Reconciliation Commission argued otherwise. In their summary findings, the commission argued that “the infamous Nyayo House torture chambers were designed and built […] specifically for the purpose of terrorising those who were critical of, or perceived to be critical of, the established regime.” Waheire concurs. “After the 2002 change of government,” he tells me, “they tried very hard to destroy evidence of all the torture that had happened but when they tried to demolish the torture chambers, the architects told them that if they did that it would undermine the structural integrity of the whole building. That suggests that the torture chambers were part of the structure from the beginning.”

Ngotho argued otherwise. He told a newspaper in 2003 that the sound- and waterproof rooms that would become the main torture chambers were designed as strong rooms for the storage of important documents produced by the government officers upstairs. They were poorly ventilated because people were not expected to spend extended periods of time there, he insisted. Similarly, the elevators to the basement only served certain floors because only the occupants of those floors required access to the money and the secret documents kept in the basement at any time.

Another architect working on the project concurred with Ngotho. Gideon Mutemi Mulyungi told the TJRC that the rooms were initially designed to store cash and sensitive and valuable government documents, and that they were built with reinforced concrete so that they would be fire resistant, and that because of the lack of natural ventilation, air was piped in through special air vents in the roof and walls to assist in climate control.

Still, Ngotho conceded that the Special Branch did, in fact, have a hand in the final design of the building. He recalled that two senior Special Branch officers and a British national, a “Mr. Parkins”, regularly briefed his team on changes that needed to be incorporated into the structure. And to make the situation really work, the building’s administrators put in place several restrictions on the structure’s use. For instance, the original elevators to the basement only served five of the 27 floors: “those government offices that really needed them”, recalled Ngotho. When public elevators were made available, civilians were prohibited from using the staircases even to the first floor, meaning that the lifts at Nyayo House were always crowded. Eventually, the flow of everything from people to recycled air was structured around restricting access to the extremities of the building.

Eventually, the building could no longer contain its secrets. Over time, stories began to leak, especially when it became impossible to ignore the sheer number of “suicides” reported at Nyayo House. It seemed strange that while no one was allowed access to the top three floors of the building, and at a time when suicide was technically illegal in Kenya, a dead body having allegedly jumped off the top floor would show up every few days. Growing up in Nairobi in the 1990s, I remember being advised to walk past the building quickly in case a body was falling. The suicide theory held up only as long as the autocratic regime remained in power. Soon after the democratic vote in 2002, survivors and security officers who had worked in Nyayo House confirmed that those who died during the torture would be thrown off the top of the building to mask the extent of their injuries.

In a 1995 article for the University of Pennsylvania Law Review, law professor Mark Osiel defined an administrative massacre as “large scale violations of basic human rights to life and liberty by the central state in a systematic and organised fashion, often against its own citizens.” An administrative massacre is particularly horrifying because it involves building a bureaucracy around human rights violations in order to sanitise them and create an illusion of legality. The political theorist Hannah Arendt first used the term to describe the horrors of British colonialism, especially in India, when colonial administrators would justify widespread murders and deportations of locals in the most sterile bureaucratic terms, a practice that extended to Nazi Germany, where SS officials kept meticulous records of the machine they built to exterminate Jews, Romas, homosexuals and other groups deemed “undesirable and irredeemable”.

Architecture is an integral part of an administrative massacre, particularly where the state in question wants a visible monument to both contain the horror and make an example of those who endure it. Buildings like Nyayo House that are geared primarily to this purpose are not designed to horrify – a remarkable building that stood out from the rest of the architecture would quickly become a focal point for protest and possibly revolt. Rather, the more banal and routine the exterior, the more citizens are likely to accept that what goes on within is a normal part of state function – even if this banality is a function of how quickly the buildings are put together by an autocratic state.

Examples of this type of building can be found on every continent. Many have been turned into museums, like Tuol Sleng in Phnom Penh and the Stasi prison in Berlin. Some are still in continuous use, like John Vorseter Square. The US government’s Guantanamo Bay detention camp in Cuba is the most notable addition to the list, although similar smaller sites, like Richmond Hill prison in Grenada, also exist. Oftentimes buildings that facilitate administrative massacres are modified from other functions, but rarely are they as architecturally striking as the Escuela de Mecanica de la Armada in Buenos Aires – the largest detention centre used during Argentina’s Dirty War from 1976 to 1983. Even though it was an educational facility like Tuol Sleng, this classical revivalist building, with its four imposing pillars, looks more like a museum than any of the other buildings on this list, and so the transition into a museum of the period was perhaps smoother.

Nyayo House was part of the administrative massacre of Kenyans in the 1980s. Unlike generalised violence in neighbouring countries like Uganda and Somalia, it percolated slowly and relied on the acquiescence of the public rather than on widespread demonstrations of force. It focused on fear as a method of control rather than outright destruction, and caused significant physical harm to a few in order to impose psychological control over the majority. It also altered the character of the city significantly – until the mid-2000s, pedestrian traffic around Loita Street was uncharacteristically light for a bustling African city, as civilians avoided walking past both Nyayo House and Nyati House in order to avoid getting caught in the dragnet of a paranoid state.

Although the Truth, Justice and Reconciliation Commission (TJRC) recommended that the Nyayo House torture chambers be converted into a museum, the government has so far resisted this recommendation for many reasons. Quite simply, the state refuses to acknowledge the magnitude of the suffering it inflicted on its citizens.

Buildings like Nyayo House are integral to the process of administrative massacres because they allow authorities to bureaucratise the process of torture and killing and to normalise the process as a function of the state. It is, therefore, almost predictable that the most banal exterior should house a bloody history of violence because the form of a building that truly manifested the function of such buildings might prove too grotesque to contemplate. Similarly, the decision to use buildings close to the proximity of the city centre serves not only to speed up the process of arbitrary arrest and detention, but also serves as a visual reminder of what the state is doing. An administrative massacre relieves the perpetrator of the need to entirely mask what they’re doing: they need the public to suspect just enough so as to incite paranoia and paralysing fear.

Although the Truth, Justice and Reconciliation Commission recommended that the Nyayo House torture chambers be converted into a museum, the government has so far resisted this recommendation for many reasons. Quite simply, the state refuses to acknowledge the magnitude of the suffering it inflicted on its citizens. Many of those who ended up in office after the end of the authoritarian Moi regime had served under that regime. Mwai Kibaki, the president who set up the TJRC, was once vice president under Moi and also served as chair of the National Security Committee that oversaw internal security at the time that the Nyayo House machine was being deployed. Beyond having knowledge, it is possible to infer that he was complicit, and thus had no incentive to adopt the recommendations of the commission. Kibaki’s successor Uhuru Kenyatta, who received the final report of the TJRC in 2013, has also failed to adopt the commission’s recommendations.

This leaves survivors like Waheire in limbo. On the one hand, they have been financially compensated following prosecutions against the state in the days after Moi left office, but, on the other hand, they sense that without a physical monument to their suffering their place in history is being systematically erased. Kenya is a young country with an average age of 18.1 years, meaning that an entire generation has already emerged since the last prisoner left Nyayo House: an entire generation that doesn’t know why people walk quickly and look up when passing Nyayo House.

Waheire believes that such collective amnesia is disrespectful and undermines the stability of the country in general. As a founding member of the Nyayo House Torture Survivors Association, he battles the state on preserving the memory of the era. (The organisation remains unregistered because the state said its mission was prejudicial to national security.) Waheire volunteers to keep information archived and organised, sharing the Kenyan story at regional and international meetings of torture survivors but is pushing back against apathy from other survivors who, once compensated, argue that the past is better buried.

The sole “good” dimension of the administrative massacre is the meticulous record-keeping that makes such memory projects possible. “We have all the information we need,” Waheire tells me. “We know 98 per cent of the names of the people who were held there and my long-term goal is at least to be able to memorialise them in a plaque or statue of some kind.”

Until then, the tower remembers for everyone. The torture cells below can be buried underneath reams of waste paper but they cannot be detached from the building, which also means that they cannot be physically erased from our collective memories.

This article was initially published in Disegno Magazine, #15, June – August 2017.

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Nanjala Nyabola is an independent writer and political analyst based in Nairobi, Kenya.

Ideas

Free the Weed: A Short History of Marijuana

Debates around whether or not to make cannabis legal often fail to recognise that this herb has been used for centuries in many parts of the world.

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Free the Weed: A Short History of Marijuana
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For generations now in most of the world, cannabis has been a prohibited substance, one often vilified as a noxious bringer of addiction. Yet change is coming fast. Several states have already amended statute books to soften laws relating to cannabis (whether through allowing its medicinal use, decriminalising its possession and use, or full-blown legalisation), and many others are considering amendments. Age-old consensus on the substance has cracked, although many remain deeply opposed to any push to “free the weed”.

In Kenya, debate has grown strong too, driven by, among others, the late Ken Okoth, the MP for Kibra, who pushed for a bill legalising and regulating the substance before his sad passing. This article traces the history of this controversial substance and policy towards it, with a particular focus on Africa, and looks at the likely impact – good and bad – as a botanical outlaw is increasingly rehabilitated.

Beginnings

Cannabis, also known as marijuana, has long been used by humans as medicine, food (its seeds are highly nutritious, as is the oil derived from them), and importantly as fibre. Long before most Europeans were even aware of the psychoactive properties of this plant, cannabis was the major source of fibre used to make the rope and rigging that powered navies in the era of European imperial expansion.

Rather than bringing to mind this marine history, however, for most people around the world, the name cannabis conjures up images of a haze of psychoactive smoke emanating from the mouths of such legendary “stoners” as Bob Marley, Bob Dylan and Fela Kuti. It also conjures up the characteristic leaves of the cannabis plant – odd-numbered combinations of serrated spears that have become symbolic not just of cannabis culture but a much wider culture of defiance.

Even the taxonomy of the plant is controversial, as researcher Chris Duvall (author of a new book, The African Roots of Marijuana) has shown. An orthodox theory holds that there is one species – Cannabis sativa – that has been cultivated and used in different ways: for fibre, for food and for its psychoactivity. Such a theory has suggested a racialised view of cannabis usage – that industrious Europeans built great seafaring empires out of hemp, while other people used it to get high.

Cannabis, also known as marijuana, has long been used by humans as medicine, food, and importantly as fibre. Long before most Europeans were even aware of the psychoactive properties of this plant, cannabis was the major source of fibre used to make the rope and rigging that powered navies in the era of European imperial expansion.

However, a two-species theory – that there is Cannabis sativa more suited to producing fibre, and Cannabis indica more capable of psychoactivity – gives a more accurate botanical view of why cannabis is valued in different regions for different purposes: sativa and indica varieties simply grew in different climates, the latter more at home in warmer regions.

Whatever the taxonomic truth, cannabis originated in Eurasia, and palaeobotanical evidence suggests that people were already making use of cannabis as far as East Asia 12,000 years ago, though in what ways is now impossible to discern. It seems likely that cannabis was being farmed in East Asia 6,000 years ago, while Koreans appear to have been making fabric from it around 5,000 years ago.

But people have also long been aware of the psychoactive qualities of cannabis, and a burial site 2,700 years old in northwestern China has preserved a large cache of potent cannabis, possibly for ceremonial or shamanic use. In South Asia, there is also a long history of cannabis usage for fabric and for intoxication, a distinction emerging in Sanskrit between sana and bhanga, the former a source of plant fibre, the latter a source of intoxication and medicine. Bhang, of course, is now a widely dispersed term (in East Africa too) used for intoxicating cannabis.

This plant and its usage then took many different routes around the world. These routes owed much to a number of maritime and overland trade networks that have transported cannabis and its cultures of use. Around 5,000 years ago, cannabis was projected westwards as far as Egypt through overland trade linking India to Mesopotamia and beyond, while Indian Ocean trade networks brought cannabis to East Africa’s coastline, where it has had a presence for at least a thousand years. From there it spread inland and into many different African cultures of consumption, the use of the term bhang in much of the region suggestive of its Indian Ocean network origins, although many local terms suggest possible multiple routes of entry.

The Atlantic slave trade was another vector of its spread; slaves departing from the Angolan coast sometimes carrying cannabis seeds, which led to its spread in Brazil. Another vector in its spread has been war, its popularity in West Africa owing much to the return of soldiers who had been fighting in Asia during World War II and were exposed to its consumption there. In Europe, the use of cannabis for intoxication purposes was initially an elite pursuit of Bohemians in the nineteenth century, the likes of Baudelaire popularising experimentation with the drug in an age of intense European intellectual interest in “exotic” mind-altering substances that also included opium.

While cannabis has many different cultures of consumption, there has been something of a globalisation of its appeal over the twentieth century, especially through its link to various types of music. Long associated with jazz in the US, cannabis’ popularity was also boosted by musicians such as Bob Marley and Fela Kuti. For Fela Kuti, cannabis had much symbolism as a symptom of defiance against authority, and this has long been a core part of the herb’s appeal for many consumers within various countercultures.

Much of this aura of defiant cool derives from the fact that for over a century cannabis has itself been an outlaw, as both internationally and nationally many jurisdictions have prohibited the production, trade and use of this controversial plant. Yet these prohibitions are now under threat as never before, as even countries that have long fought and promoted the “war on drugs”, such as the United States, are experimenting with various forms of decriminalisation and legalisation, while other countries still try and hold firm against calls for legislative change.

Regulating the herb

For as long as mind-altering substances have been used by humans, attempts to regulate their use have likely been used. Whether alcohol, opium or cannabis, the psychoactive qualities of such substances mean that they are usually viewed with great ambivalence – substances that can ease worries and bring pleasure, yet also bring harm and danger. Such ambivalence has spurred efforts to restrict access to those seen as able to use them responsibly, or to forbid their use completely.

While cannabis has many different cultures of consumption, there has been something of a globalisation of its appeal over the twentieth century, especially through its link to various types of music. Long associated with jazz in the US, cannabis’ popularity was also boosted by musicians such as Bob Marley and Fela Kuti.

The widespread claim that historically East African societies restricted access to alcoholic beverages and khat to elders reflects concerns over youthful drinking and chewing. It also suggests that similar types of restrictions and regulations might have been in place for cannabis in East Africa and elsewhere.

However, the formal prohibition of cannabis is mostly a twentieth-century story, albeit with a number of precursors, including the Merina king Andrianampoinimerina prohibiting it in the late eighteenth century in Madagascar on the grounds that it made his subjects “half-witted”. Its prohibition story links to that of opium, and the growing international calls for its regulation and prohibition that grew strong after the nineteenth-century Opium Wars where the British compelled China, through force, to accept imports of opium from India in the interests of their Imperial economy.

Unease with the free trade in opiates led to the International Opium Commission conference in 1909 in Shanghai, and later the International Opium Convention that called for controls and restrictions of the trade in opiates and cocaine was signed in 1912. This marked the start of the internationalisation of drug control. Cannabis was not added to these conventions until 1925 when, at the request of Egypt, cannabis was added to the conventions and its exports restricted. Subsequent conventions (including the 1961 Single Convention on Narcotic Drugs) further globalised attempts to suppress a growing range of psychoactive substances, including cannabis.

This international story of drug conventions and cannabis prohibition played out differently in various countries, the US history of marijuana prohibition and its link to characters such as Harry Anslinger of the Federal Bureau of Narcotics being the most familiar. Historians such as Isaac Campos and Jim Mills have also analysed the equally fascinating history of cannabis policy in Mexico, India and the UK.

In African countries, most state laws and policies proscribing the use, trade and production of cannabis, opiates and cocaine first emerged during the colonial period, particularly in the 1920s, though in some colonial states, these laws were put on the statute books even earlier. The major mind-altering substances of interest to African and colonial officials before then had been alcoholic drinks, as well as kola nuts and khat. The lucrative kola trade had been regulated and taxed since the end of the eighteenth century by states administering foreign trade, such as the Asante Kingdom in today’s Ghana. Alcohol use had been prohibited in many of Africa’s Muslim societies for long and became the subject of intense international debates and domestic control at the end of the nineteenth century. In particular, the trade and production of distilled spirits became the target of state regulation at that time.

African control efforts on cannabis, opiates and cocaine generally commenced only after the national and international debates on distilled spirits had become quiet. In 1927 the first Nigerian Dangerous Drugs Ordinance restricted the use and trade of cannabis, opium and coca products to medical and scientific purposes and put them under the supervisory powers of the chief medical officer of the colony. The law made the unlicensed use and trade in these drugs a crime.

In African countries, most state laws and policies proscribing the use, trade and production of cannabis, opiates and cocaine first emerged during the colonial period, particularly in the 1920s, though in some colonial states, these laws were put on the statute books even earlier.

In Kenya there is an earlier history. An Opium Regulations Ordinance was put in place in 1902. This was intended to restrict the import and production of opiates to permit holders, and sales were restricted to the discretion of medical officers. “Opium” included a wider range of substances, including “bhang”, the main term used in East Africa then and now for cannabis. This ordinance had little teeth, and pressure grew from colonial officers in western Kenya (where much cannabis was grown and consumed) for possession to be outlawed too and harsher penalties introduced for those producing or trading such substances without permits. This pressure in part led to the Abuse of Opiate Ordinance in 1913 that attempted to eradicate illicit consumption of not just opium, but a range of opiates, as well as cocaine and cannabis.

The Kenya colony and its opiate ordinances apart, drug ordinances did not usually grow out of colonial anxieties about these drugs’ threats to health or a paternalistic concern to “protect Africans” from foreign substances, as had been the case with distilled spirits. In South Africa, debates on the use and control of opium were also closely tied to the growing gold mining industry in the Transvaal as it was feared to decrease the productivity of South Africa’s workforce. In 1923 the South African government even urged the League of Nations to classify cannabis as a dangerous substance requiring international control.

In effect, most African drug laws were based on colonial blueprints, such as the Hong Kong Drug Ordinance, which was circulated among British colonial governments in the 1920s. These laws often preceded local concern with cannabis, opiates and cocaine and served more to satisfy the legal obligations of governments under new international laws, such as the 1925 and 1931 Geneva Opium Conventions. In the course of the first half of the twentieth century, most African colonies were therefore signed up to a range of international treaties on drug control, without there being much of a local concern or debate about the laws transposed into domestic legal codes, except for the case of Kenya and South Africa.

This situation changed somewhat by the late 1950s and early 1960s, when most African countries gained political independence. This period coincided with the wider use and growing public concern about cannabis and saw the first effective government policies on cannabis. In West Africa, concern was driven by medical professionals who encountered cannabis-smoking ex-soldiers among their patients. Doctors, such as Thomas Adeoye Lambo, Africa’s first Western-trained psychiatrist, started exploring Africa’s new drug and addiction problems in their research and public speeches.

Cannabis addiction also became a key discussion point at the newly founded Pan-African Psychiatric Congress and its African Journal on Psychiatry (Lambo 1965; Lewis 1975). This new medical and also media interest in cannabis led to important policy changes in some countries, such as Ghana and Nigeria. In the latter, a coup d’état brought a group of reform-minded soldiers to power who aimed to address cannabis use with the draconian Indian Hemp Decree of 1966 shortly before the country slid into a civil war.

Cannabis thus became firmly embedded in the statute books of most African nations. However, this legal uniformity belied continuing ambivalence towards the substance. Legality or illegality, of course, rarely perfectly matches societal attitudes, and many continued to view the substance positively in various ways, including as a traditional medicine, and as a recreational substance associated with popular figures such as Bob Marley and Fela Kuti. Furthermore, its illegality only further increased its reputation as a symbol of defiance against authority. For many, cannabis law has little legitimacy – or power, given the lack of state capacity to police it effectively – and it has grown to be a vital part of the rural and urban economy in much of Africa. On the other hand, many, for social, cultural or religious reasons, have bought into the idea of cannabis as socially and medically harmful and something that should be restricted.

African debates

In such a cultural climate, legalisation or decriminalisation campaigns were unlikely to take root beyond the margins. Indeed, in an earlier book we suggested that debate on drug policy had yet to take off in most African countries (2012). Yet things appear to be changing, as the impact of policy change even in parts of the USA – long the leader in the “War on Drugs” – has global repercussions.

On a more regional level, the activities of organisations like the West African Drugs Commission have also expanded the narrative away from a simple focus on repressive supply-side policy in relation to drugs of all types. In East Africa too there are moves towards alternative “harm reduction” policies, especially in regard to heroin use in cities like Dar es Salaam and Mombasa, and more recently also in Nairobi. In Africa, as elsewhere, the international consensus around drug policy is fracturing, especially in regard to cannabis.

Since 2011 in Cape Town an annual cannabis march has been held that has increased markedly in popularity, symbolising the seismic changes occurring in cannabis legislation in South Africa, perhaps the African country with the strongest drug counter-culture. As with parts of the USA, permitting medical use of cannabis appears the first step in this process, and South Africa is developing provision in this regard. In addition to this, a recent court case in the Western Cape has raised hopes further that legalisation is around the corner. Several activists (including those from the “Dagga Party”, dagga being the common South African term for cannabis) brought a case “seeking a declaration that the legislative provision against the use of cannabis and the possession, purchase and cultivation of cannabis for personal or communal consumption is invalid”.

In March 2017, the court ruled that there should be a stay of prosecutions for possession of small quantities of cannabis and use of cannabis in private settings, and gave the government 24 months to amend the law in this regard. On 18 September 2018, South Africa’s Constitutional Court confirmed this judgement and thus made the growing and use of cannabis for private use legal with immediate effect, although the exact implementation of the decision is yet unclear. While there are no doubt many more hurdles to overcome for the campaigners (most prominent of whom are a white couple known as the Dagga Couple), many are already eyeing a potential legal market for cannabis in South Africa, leading some to fear the predation of corporate interests.

Since 2011 in Cape Town an annual cannabis march has been held that has increased markedly in popularity, symbolising the seismic changes occurring in cannabis legislation in South Africa…

Elsewhere too, there are increasing signs of shifting policy. Linked to the change in South Africa, Lesotho, a major supplier of illegal cannabis to the South African market, has recently given a licence to a South African firm to cultivate medical cannabis. Malawi, another major cultivation country of illegal cannabis, is also moving towards a legal hemp industry. While hemp consists of non-psychoactive varieties of the cannabis plant, even this move required overcoming resistance in Malawi’s National Assembly to an initiative based around so infamous a plant. Ghana, ranked the country with the highest rates of cannabis consumption in Africa, is also seeing rising debate on cannabis policy, and even calls for a cannabis industry to be established to take advantage of legal opportunities around the world. Debate seems more muted in Nigeria, a country with some of Africa’s harshest drug laws, although the debate is gaining ground there too.

In East Africa, debate is also increasingly conspicuous in news reports and in the wider media, especially in Kenya. There, calls for full legalisation have recently been made, including by Ken Okoth, and by political analyst Gwada Ogot, who took a petition for legalisation to the Kenyan senate. Okoth argued for Kenya to benefit economically from an export market for cannabis, suggesting that the “government should stop wasting money on sugarcane farming and legalise marijuana instead”. Ogot focused more strongly on the medicinal benefits of cannabis, and sought in his petition to have cannabis removed from the list of scheduled substances, and for the establishment of a regulatory body to oversee a legal market. He argued that: “The plant is God’s gift to mankind just as the many minerals he has put in store for Kenyans. The banning was purely for commercial interests with pharmaceutical firms seeking to control the medical industry during the first and second world wars.”

This petition was debated in the Senate, Kenya’s upper house of Parliament, in February 2017, where it garnered much interest in the media. While the debate in the Kenyan Senate was somewhat inconclusive, and decriminalisation is unlikely, at least in the near future, that such a petition was heard at all marks a shift. Debating the issue confers at least some legitimacy on a topic that many Kenyans recently would either have found shocking or comical.

What all these debates and apparent moves to different policy suggest is that the issue is a live one in African countries. However, it seems likely that the debate will gain more traction in some countries than in others and we should be cautious in generalising across such a diverse continent. In many countries there are so many other more pressing issues than cannabis, that it is unlikely to garner sufficient attention. Indeed, pushing through legislative change will require much energy and resources. For this reason, some might see legalisation as fine for rich countries like the USA with greater capacity to cope with the consequences, but hardly sensible in countries with so many other challenges.

As we have seen, economic reasoning appears to be underlying some of the push to liberalised policy, with some eyeing lucrative futures based around a cannabis industry. Economic interests have, of course, long been important in policy debates around psychoactive substances, with governments often balancing tax and other forms of revenue against medical and social harms with substances like tobacco and alcohol. And historians and anthropologists alike have emphasised the importance of analysing drugs as commodities.This has certainly been true in the case of alcohol, but also in the case of khat. Like cannabis, khat’s harm potential is ambiguous, allowing governments to justify both restricting it and developing a market for it. In the case of khat, producer countries like Ethiopia and Kenya have long resisted making the substance illegal, even if governments have been suspicious of the substance.

In relation to cannabis, we can see how in countries like Lesotho and Malawi, where the cannabis industry forms a major proportion of the national economy, the temptation to make the crop legitimate and boost national coffers might be attractive. A country like Kenya, on the other hand, cultivates cannabis, but not to the same scale. It forms only a minor part of the economy, and is unlikely to garner a strong export market anyway.

It seems possible that where economic logic is not an especially pressing factor, the political will to change cannabis policy is less likely to materialise. In countries like Kenya, concern with the harmful effects of cannabis, as well as the cultural conservatism of many in government and in the general population, will form a substantial roadblock in the way of reform. In fact, Kenya has recently banned shisha smoking on health grounds, suggesting that in terms of policy the predominant logic is still one of restricting rather than liberalising. Yet change in relation to cannabis law is coming thick and fast, and given growing support amongst the political class, change cannot be ruled out in countries like Kenya. Indeed, the sad passing of Okoth has encouraged others to follow his example in calling for such change.

That change to cannabis law in Kenya is now being considered might prove a strong legacy to the memory of Okoth. Stronger yet would be taking seriously too his calls for a properly regulated market, one that would offer protections to the vulnerable, and ideally protect against predation from corporate interests.

Cannabis has provided many smallholder farmers with livelihoods – albeit illicit ones – throughout much of Africa and elsewhere in the world. As Chris Duvall argues, African cannabis farmers have done much innovation in its cultivation even under the cover of illegality. It would be a shame if legality means that powerful interests move in to seize the fruits of this innovation.

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Eating Our Own Flesh: Corruption as a Form of Cannibalism

Corruption in Africa is not simply an act of giving or receiving a bribe; it is a form of “primitive accumulation” or “accumulation by dispossession” that hollows out institutions and causes much misery.

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Eating Our Own Flesh: Corruption as a Form of Cannibalism
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Corruption is a political vernacular in Kenya today, as Keguro Macharia once described it. In public discourse, corruption is described as something both pervasive and cunning. You get a sense of this in some of the metaphors that we use to describe it: “cartels fight back” or corruption is a “virus” or a “cancer” that has taken over the country’s body politic. The metaphor of cancer is a particularly intriguing one, as it simultaneously renders corruption as invisible, powerful and biological.

The effect of this metaphorising of corruption is that it makes the phenomenon difficult to conceptualise concretely. It has suffered an unfortunate definitional flattening, a slippage which this article will attempt to address. We need the definition of corruption put back into sharp focus so that its contours, its peaks and troughs, are clearly accentuated. Only then can we begin to figure out a way through this moral morass.

First, the misconceptions. What is corruption? Is it that young girl in Machakos praying that her brother, a police constable, will finally be deployed to a route rich enough in opportunities for extortion so that she can finally finish her course at the University of Nairobi? She has already lost a year. Is this girl, or her brother, corrupt?

Is corruption the kickbacks that a state employee extracts from suppliers to supplement his income, which has been stretched to breaking point by a clan of dependents? What about paying extra to bump your loved one up a surgery waiting list at a public hospital?

Or is corruption something more formally executed, using laws, imprests and tenders? Is it the transfer of taxes to private use to fund a legislator’s trip to get cancer treatment abroad — over and above his taxpayer-funded premium health insurance scheme? Or is it the transfer of strategic national resources, like oil blocks, mining licences and public utilities, into private hands?

What makes one describe a traffic police officer taking a Sh50 bribe from a matatu driver as corruption but the collusion by state officers to incur public debt at the scale of an entire country’s GDP as macro-economic management? And what makes the transfer of government trustee land into foreign private hands “Foreign Direct Investment”, while the same transaction by a native is termed as a “land grab” i.e. corruption?

Is it the scale of the land in question, such that acquiring 100,000 hectares is an “investment” but ten hectares is a “land grab”? Or does it have something to do with power, where the passport of a (former) imperial power paves the way for the individual holding the said passport signalling to local elites that this is the master’s son and we better make room for him or else prepare for violent expropriation and/or occupation?

Where is the line? What are the criteria? Who decides? Better yet, who should decide?

Let us turn to some linguistic definitions.

Corruption is archaically and simply defined by the Oxford dictionary as “a state of decay or putrefaction”. But today’s use of the term has redefined this term and given it a completely different meaning, just like other modern-day terms that are used primarily in their conceptual rather than linguistic meaning, including Terrorism, Extremist, Human Rights, Black, White, etc.

So, what is corruption in its politically loaded sense? Yasmin Dawood, in her classic paper “Classifying Corruption”, captures it as follows:

“Scholars have categorized various kinds of corruption. Thomas Burke has distinguished three kinds of corruption: quid pro quo, monetary influence, and distortion. Zephyr Teachout has identified five categories: criminal bribery, inequality, drowned voices, a dispirited public, and a lack of integrity. Deborah Hellman has described three principal kinds of corruption: corruption as the deformation of judgement, corruption as the distortion of influence, and corruption as the sale of favours.”

Clearly, corruption is a loaded term that can be unpacked extensively. But the single and most broadly used definition of corruption is articulated by Jakob Svensson as follows: “The misuse of public office for private gain.”

Most of the literature available on corruption engages the problem from the level of its outcomes – in other words, on its results, i.e.  “private gain”. But there seems to be little effort at trying to analyse the root causes.

Given the widespread nature of corruption, and given that it has no definitive social differentiators like class, income, education level or geographical region, it follows that the possible causes are either intrinsic (related to the nature of man or woman) or systemic (attributable to the prevailing socio-political and economic environment).

The intrinsic motivation can be explained in a general sense by human beings’ deeply instinctive proclivity to possess. In short: greed. That is simple enough.

But looking at all the scholarly definitions of corruption, what we witness in Africa defies any of those classifications completely.

Nigeria’s Sani Abacha did not benignly “misuse public office for private gain”; he swept the treasury coffers clean. He decimated the public office. Kenya’s president from 1978 to 2002, Daniel arap Moi, and his coterie of ministers did not “quid pro quo, influence or distort”; they ingested entire institutions.

The same goes for the successive administrations of Mwai Kibaki and Uhuru Kenyatta. Their voracious troops of army ants have left no tree standing, literally. No tree in the forest was considered too sacred to spare. Their appetite is unlimited.

Nothing was/is too big or too small, not the strategic grain reserve, not the sports kitties (one of the few remaining routes out of poverty), not even programmes like the Youth Fund, the National Youth Service or Kazi kwa Vijana. (As a resident of Eastlands I can attest that these programmes had a direct impact on the ground, with all the associated positive results of wealth redistribution e.g. drastic drops in crime, increase in economic activity, rise in optimism.)

None of this is corruption, not by a mile. It is institutional cannibalism.

Given that it is our own, our best and brightest sons and daughters who are cannibalising our own institutions, I will go further and describe it as a socio-pathological condition that I am calling autosarcophagy – an amalgam in Greek of “eating one’s own flesh.”

This makes it a sociological condition. Why have we failed to evolve from a primitive agrarian society? It is obvious from observation that the trappings of civilization were quickly pasted upon us and this is perhaps why irrespective of our level of education, we struggle to perceive institutions. A native administrator perceives the institutional resources through a primitive instinctive lens rather than through an evolved intellectual lens. Given that the focal point is instinctive, the reaction becomes an irresistible urge to consume or possess this honeycomb, as instincts cannot perceive a discarnate boundary such as that of person, institution and/or system.

Therefore, as these officers sit across from the institution’s treasury, in the same way they sit across from the season’s grain harvest in the granary on their farm, they cannot help but raid it. If their signature can transfer funds from the institution’s bank account in the same way their signature facilitates transfer from their personal accounts, then what possibly makes the institution’s bank account different i.e. not a personal bank account?

Granted, there is scholarly consensus that Homo Economicus (the latest and arguably the most wicked of all the evolutionary stages of mankind), is a sociopath, whose folly was preciently captured by Jonathan Swift in his 1729 satirical article suggesting that the impoverished Irish might ease their economic troubles by selling their children as food for rich gentlemen and ladies.

Still, the existence of this disorder in the West should be no consolation because Homo Economicus in Western society commits his genocide and fetal cannibalism in the villages of the people of the East and Global South. But African Homo Economicus commits filial cannibalism. How else would we term indenturing our own children as chattel by taking out high interest loans and sovereign bonds on their futures and then diverting those funds into private accounts, or accepting payments to dump nuclear and toxic waste in our backyards?

As for the second systemic cause? Capitalism.

The unstoppable march toward absolute implementation of this pernicious socio-political and economic order portends nothing but misery for humanity. The uncritical application of its core doctrinal pillar that calls for individual freedom of ownership ultimately results in what Marx called “primitive accumulation” and more recently translated by Prof. David Harvey as “accumulation by dispossession”.

In our context, this manifests as the transfer of collective (public) wealth into the hands of private, well-connected owners through privatisation of public resources like water, energy, minerals and public infrastructure, including healthcare and utilities, and the transfer of individual citizens’ wealth into the same private hands through usury, taxes and inflation.

Essentially, this creates a society where the only way one can get bread and water to feed one’s child is by taking the bread and water of someone else’s child. This may be the reason why there is little investment in understanding the root cause analysis of the problem of corruption — it would reveal the witch’s cloven hoof. It is the nature of the beast. It is capitalism.

And as the population increases and the walls around the public’s resources continue to be erected and extended, the masses’ incomes and wealth continue to be systematically harvested through quantitative easing (printing fiat), bonds (usury) and taxes, and then consolidated and transferred to the top through the global banking and financial system. It results in a fight at the bottom that grows ever more vicious, manifesting itself in perpetual war, slavery, dehumanising poverty and misery.

The only way to halt this accelerating bottomless spiral downward is to reject Man as Sovereign, end capitalism and establish a system that will nurture the (collective) Man using divine provision (natural resources), and protecting private property and wealth creation from expropriation by taxation, usury and inflation.

Simply, change the system.

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Keep It in the Family: A Case for Homeschooling in Kenya

Many parents who choose homeschooling seek to be directly and consistently involved in moulding their children’s character throughout their formal education on the basis of the conviction that with good moral and mental habits, high academic achievement and success in career are almost guaranteed.

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Keep It in the Family: A Case for Homeschooling in Kenya
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While most Kenyans associate formal education with institutional schooling, a significant number of their compatriots have opted for homeschooling. Homeschooling is not a specific curriculum, but rather the implementation of a curriculum by the parents themselves and/or their own directly chosen delegates. With the dominance of institutional schooling, many now view homeschooling as part of alternative education.

Several Kenyan families have homeschooled their children from the early 1990s using a variety of curricula, including 8-4-4, I.G.C.S.E., and Accelerated Christian Education. A number of Kenyan children have completed their high school education through homeschooling and have been admitted to universities inside and outside Kenya, and several are already employed, while others have ventured into entrepreneurship.

The Constitution of Kenya recognises the right of the child to education. Article 43 (1) (f) lists education as one of the fundamental rights of every person. Furthermore, Article 53 (1) (b) states that every child has the right to free and compulsory basic education. Nevertheless, neither of the articles limits education to the school environment.

However, Homeschooling Kenyan parents have expressed concern over provisions in the Basic Education Act 2013 that presume education can only be attained through institutionalised schools. For example, Article 28 of the Act, titled “Right of Child to Free and Compulsory Education”, states that “The Cabinet Secretary shall implement the right of every child to free and compulsory basic education” (Article 28(1)), but the tenor of the Act is that such education can only happen in the context of an institutional school.

The homeschooling community in Kenya is already feeling the effects of the Basic Education Act 2013 limiting education to the school environment. The Daily Nation carried a story on the 18th February this year, about the arrest of Silas Shikwekwe Were in Malaba, later arraigned in a Butali court in Kakamega County for allegedly abdicating his duty to enroll his children in school. Mr. Were and Mr. Onesmus Mboya Orinda filed Constitutional petition No. 236/19 at the High Court, Milimani Law Courts, asking the court to recognise home schooling as a legal and viable alternative method of according children in Kenya their right to education. They argue in their petition that the provisions of the Basic Education Act 2013 requiring a parent to enroll a child to an institution of learning limits the scope of what education is. They aver that sections of the Basic Education Act 2013 infringe on the rights of parents to determine the forum and manner in which their children will be educated. During the first mention of the Constitutional Petition on 25th June 2019, the courtroom was packed with homeschooling parents.

A number of considerations have led some Kenyan parents to choose homeschooling over institutional schooling.

A short history of schools

Schools have been a part of human societies for thousands of years. Among some of the peoples of Africa, the age groups system used to pass on knowledge, skills and attitudes to the young adults. It entailed a degree of deliberate, formal passing on of knowledge, skills and attitudes in a manner reminiscent of a contemporary school. There were schools in the ancient societies of Egypt, India, China, Greece, and Rome. The Byzantine Empire had an established school system until the fall of the Empire in 1453 C.E. In Muslim societies, mosques combined both religious observances and learning activities, but by the 9th century, the madrassa arose as a separate institution from the mosque. In Western Europe, a number of cathedral schools were founded during the Early Middle Ages in order to teach future clergy and administrators. Mandatory school attendance became common in parts of Europe during the 18th century, with the aim of increasing the literacy of the masses.

Formal schools become widespread only during the past two centuries. With the advent of the Western Scientific Revolution, certain fields of knowledge became highly specialised, making it significantly more difficult for parents to help their children to master them. The rise of factories during the Industrial Revolution led to the need for mass formal schooling to inculcate requisite habits in the workforce – punctuality, adherence to instructions, among others.

Education is the primary responsibility of parents, not schools

The word “education” comes from the Latin word ēducātiō, which literally means “breeding”, “bringing up”, or “rearing”, all of which are primarily associated with parents rather than with schools. Indeed, theorists of education frequently define education as the deliberate, planned equipping of the young with knowledge, skills and attitudes that enable them to participate effectively in the life of society. Again, such equipping is primarily the responsibility of parents, not schools. For most of human history, parents have been in charge of their children’s education. Their homes served as spaces for imparting social values and etiquette and particular trades. Families were known for certain trades. The presence of English surnames such as Tailor, Cook, Baker, and Smith partly explains this naming practice.

Formal schools become widespread only during the past two centuries. With the advent of the Western Scientific Revolution, certain fields of knowledge became highly specialised, making it significantly more difficult for parents to help their children to master them.

Despite the rise of universal compulsory education through schools, the responsibility of providing education primarily rests with parents as part of their wider responsibility to provide for their children. Parents who take their children to school are delegating rather than abdicating this responsibility, and this is evident in the practice of schools regularly meeting parents to brief them on their children’s progress. As such, parents who choose homeschooling are simply choosing to discharge their responsibility directly rather than delegating it to the schools.

Direct and consistent parental involvement in moulding character

In Philosophy and Education in Africa, R.J. Njoroge and G.A. Bennaars point out the four dimensions of education: the cognitive dimension entails the acquisition of knowledge; the normative dimension has to do with the inculcation of values; the procedural/creative dimension involves the approach or methodology through which the knowledge and values are acquired; the social/dialogical dimension entails the fact that education is an interactive process within human groups rather than in solitude.

The rise of factories during the Industrial Revolution led to the need for mass formal schooling to inculcate requisite habits in the workforce – punctuality, adherence to instructions, among others

Regrettably, in our day, many think that education (formal education) is exclusively geared to equipping students with knowledge (the cognitive dimension). It is no wonder we have so many highly skilled people whose ethical orientation is grievously wanting. Many parents who choose homeschooling seek to be directly and consistently involved in moulding their children’s character throughout their formal education on the basis of the conviction that with good moral and mental habits, high academic achievement and success in career are almost guaranteed.

There is consensus among theorists and practitioners of education that the ideal model of education is one in which the child gets maximum personalised attention in order to take care of his or her uniqueness. Harvard’s educational psychology Prof. Howard Gardner pointed out that human beings have multiple intelligences (“learning styles”), and that each of us uses one or two of them to learn most effectively. Following Gardner’s approach, the US-based Institute of Learning Styles Research has identified seven learning styles, highlighting the various ways in which different people learn most effectively using their five senses.

The seven learning styles are print (looking at printed or written text), aural (listening), visual (looking at depictions such as pictures and graphs, haptic (touch or grasp), interactive (verbalisation), kinesthetic (whole-body movement), and olfactory (smell and taste). Schools typically focus on the three competencies referred to in Western tradition as “the 3Rs” – reading, writing and reckoning (calculating), and mainly approach learning from a verbal and logical perspective, thereby largely neglecting people whose learning styles cannot cope with this approach.

By the very nature of the size of a typical family, a home-schooled child gets much better personalised attention than a child in a typical institutional Kenyan public school where one teacher attends to tens of pupils in one lesson. When Kenya’s National Rainbow Coalition (NARC) government introduced Free Primary Education in Kenya in early 2003: the number of pupils rose dramatically, but the number of teachers, classrooms and other facilities by and large remained unchanged. The quality of learning was significantly compromised. Some short-staffed schools had to ran shifts to accommodate the pupils. By and large, the school system moves the pupils from class to class regardless of how much they have actually learnt; and the few who are required to repeat a year for extremely poor performance suffer the humiliation of doing so among their peers.

The dire implications of a grossly unhealthy teacher-to-pupil ratio quickly showed. From 2009, Uwezo initiative implemented large-scale household surveys to assess the actual basic literary and numeracy competencies of school-aged children across Kenya, Tanzania and Uganda, culminating in annual reports. A July 2013 newspaper headline on one of those reports declared: “Over 50 Per Cent of Class 8 Pupils can Barely Read – Report”. The article stated “The report by Uwezo Kenya also reveals that over 50 out of 100 children in Classes Four and Five can’t comprehend stories written for class two pupils.” In its Sixth Annual Report covering the year 2015, Uwezo observed, “Assessments across Kenya, Tanzania and Uganda have highlighted the learning crisis since 2010. The key observation has been that budgets and other inputs to learning have been increasing steadily, but learning outcomes have remained essentially stagnant.”

Personalised attention is critical for exceptionally gifted children and for children with disabilities. Exceptionally gifted children who master concepts and skills grow bored when subjected to the average pace of learning: they might be able to complete the tasks assigned for one year in three months. Requiring them to sit in school and learn at the pace of the average child is torturous mass production, not education.

Children with disabilities often need special, even specialised attention to learn effectively. The Kenyan public school system is grossly ill-equipped to provide education for children with autism, so parents of autistic children have to equip adequately for the task of schooling. The class size at Thika School for the Blind where I went to school was fifteen rather than the prescribed forty in a typical public school. In certain subjects such as maths, geography and biology where teachers rely heavily on chalkboards and other visual teaching aids, children with visual disabilities would be left behind unless there was a resource teacher to offer extra support. At Thika, the teacher spent considerable time with each student helping them to appreciate maps, diagrams, graphs and maths formula. The parents of children with different disabilities ought to have the liberty to home-school them if they are able and willing to do so. Indeed, such liberty would affirm the right of children with disabilities to high-quality education in line with Articles27 and 54 of the Constitution.

History offers a number of cases of exceptionally gifted children who performed very poorly in school because the school system could not cater for their learning disabilities. People with dyslexia (reading and writing difficulties) or dyscalculia (difficulties with maths) are cases in point. English scientist Michael Faraday was a person with dyslexia, and yet through personal study he made numerous ground-breaking discoveries and inventions, including electromagnetic rotary devices that were fundamental to the development of electric motor technology used to generate electrical power. Albert Einstein had difficulty in school due to dyslexia, and his achievements can be attributed to his ability to teach himself. Some of the other famous Western scientists with dyslexia include Alexander Bell, Galileo Galilei and Thomas Edison.

A friend of mine confessed that he could not read at all by Standard 3; his first attempt at the then Certificate of Primary Education (CPE) exam at a Nairobi Eastlands primary school yielded dismal results. His mother then took him to a high-cost primary school to re-do the CPE and he excelled: today he is a university lecturer in pure Maths – the most abstract branch of mathematics.

I know of several parents with university degrees who have chosen to stay at home to provide their children with quality education. I am acquainted with a parent who holds a Masters degree in educational Psychology who has chosen to provide homeschooling for her children instead of pursuing a career in the schools or colleges. Some parents would give up pursuing their careers to home-school their children to shield them from the associated dangers of institutional day and boarding schools. It is evident that the home-schooled children of such parents enjoy certain advantages over their counterparts in institutional schools.

The commute to school is associated with several challenges. Day schooling children are exposed to undesirable social elements and dangers in their daily commute. Those parents determined to find quality schooling for their children beyond the limits of a neighbourhood, get up as early as 4:30 a.m. to prepare children to board buses at 5:30 a.m. to schools on the other side of town, in a continuous dawn to dusk routine.

Boarding schools come with their own set of social challenges such as unhealthy competition and bullying that have lasting effects on many young lives.

Home-schools as private schools

The culture of private schools is entrenched in Kenya. The children of prominent Public officials attend private schools rather than public ones. Private schools have better educational facilities, better teacher-to-pupil ratios, leading to better performance in public examinations.

Economic realities and high tuition fees prevent many parents from the privilege of private schools but rarely considered is the option of responding with privately tutored high-quality schooling at home. Home-schooled children register as private candidates for public exams, and some of them have done exceptionally well.

There is really no essential difference between private schooling and homeschooling: both models of learning are a move away from public schools. Denying a section of society the right to educate children at home is discriminatory contrary to Article 27 of the Constitution of Kenya.

Parents with highly mobile careers that require them to relocate frequently find changing schools almost always a traumatic experience for children, as they must make new friends, and adapt to the new physical environment and new teachers. This challenge is greater in situations where children are frequently moved from one cultural context with its education system to another with a different education system. If one of the parents in a family going through this kind of experience is available to home-school the children, the homeschooling experience provides a point of stability for the children which significantly mitigates the trauma.

Parents of home-schooled children form networks that facilitate regular joint activities among their children: they visit places such as museums, factories, universities, go boat-rowing, and attend music concerts. They enroll their children in various activities outside their homes such as football, swimming, and music lessons. In addition, there are joint annual events for various homeschooling communities.

Contrary to the belief that the school environment is the best for learning social skills, it often inculcates unhealthy competition rather than co-operation. The idea that all children progress intellectually at roughly the same pace is ingrained in the thinking of the school system, and yet it necessarily works against the need to cater for the children’s individual differences. Pupils are often contented to come out top of their class irrespective of the fact that any class will have a top student however low the quality of learning. An emphasis on coming out top in class easily encourages contentment with mediocrity rather than the pursuit of excellence. Schools function in a specific social context, and is a reflection of that context.

Thus with the increasing erosion of social values, schools are now places where children learn some grossly anti-social habits such as violence and substance abuse.

Homeschooling and social class

Members of the Kenyan middle class are more likely to be inclined to homeschooling: this is mainly due to the fact that they are likely to appreciate educational theory and practice. Middle-class parents are likely to afford the availability of one parent devoted to homeschooling their children. Parents in low-income brackets cannot live off the salary of one spouse. Nevertheless, homeschooling is not the exclusive province of the middle class and the wealthy.

Most homeschooling parents use officially sanctioned curricula. Some of the curricula used in home-schools require that parents get training before embarking on using them. Homeschooling parents also benefit from the resources of homeschooling organisations outside Kenya, including Global Home Education Exchange, Home School Legal Defense Association, and National Home Education Research Institute.

Kenyan universities typically assess students for admission using the results of the Kenya Certificate of Secondary Education (KCSE) results whether a candidate sits for the exam in a public school, private school, or is privately registered as would typically be the case for Home-schooling candidates. For those home-schooled students going through other curricula, the Kenya National Examinations Council has a system of interpreting results to indicate their 8-4-4 equivalents, thereby enabling universities to make informed decisions about admissions.

For overseas education, various clusters of universities use a variety of entry tests to assess students who have gone through different education systems to determine whether or not they have the requisite skills (such as language profficiency, comprehension, reasoning, and basic maths) to handle university work. American universities rely on tests such as the SAT set by The College Board to assess applicants for undergraduate courses, and the Graduate Record Examinations (GRE) administered by the Educational Testing Service (ETS) for applicants to post-graduate courses.

There is no evidence that children who have gone through Home-schooling are disadvantaged in comparison with those who have attended institutional schools. The U.S.-based National Home Education Research Institute, score the home-educated 15 to 30 percentile points above public-school students on standardized academic achievement tests (the public school average is the 50th percentile; scores range from 1 to 99). Home-schooled students typically score above average on the standardised tests such as SAT. The measured conclusion of the Institute is: “It is possible that Home-schooling causes the positive traits reported above. However, the research designs to date do not conclusively ‘prove’ that Home-schooling causes these things. At the same time, there is no empirical evidence that Home-schooling causes negative things compared to institutional schooling.”

I first met a home-schooled child in the mid-1990s. She was the daughter of friends of mine and also neighbours in Nairobi’s Buruburu Estate. At the age of five, she was already confident and articulate. This began to dispel my doubts about Home-schooling. About ten years ago, I was requested to help look at some research papers written by some home-schooled high school finalists using a different curriculum from 8-4-4. I was pleasantly surprised to find out that unlike their counterparts in the 8-4-4 system, they were considerably well acquainted with library research and writing: they intelligently cited various books and articles using footnotes, and meticulously laid out their lists of references in a manner reminiscent of what is expected of first-year university students in Kenya! I have also had an opportunity to facilitate a “Thinking Skills” course for five home-schooled high school students, and was impressed by their confidence, clarity of thought and expression, and keenness to learn.

In view of my reflections, parents who are willing and able to provide personalised education for their children at home, often at great sacrifice to themselves, ought not to be denied the right to do so. The Home-schooling community is not lobbying for the abolition of schools: it appreciates that not everyone can home-school because some are ill-equipped for the task, while others are obligated to work to provide for their families. Nonetheless, society is enriched by diversity, including diversity in approaches to formal education. What we must all ensure is that whether through institutional schooling or Home-schooling, the child gets the knowledge, skills and attitudes that enable him or her to contribute positively to the holistic development of both himself or herself and society.

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