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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

Africapitalism’ and the Limits of Any Variant of Capitalism

Stefan Ouma provides a critical account of Africapitalism as well as an assessment of the future/s it imagines, what it silences and its potential to transform African economies. Ouma concludes that the ecologically destructive and dehumanising architecture of our global economic system provides further evidence to condemn any variant of capitalism.

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Africapitalism’ and the Limits of Any Variant of Capitalism
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In 2019, Tanzanians mourned prominent businessperson Ali Mufuruki (1959-2019). Under the umbrella of his InfoTech Investment Group, he championed the cause of indigenous ownership of businesses in the country. He was successful at his trade, representative of a group of ‘Tanzanians of African origin who have been the voice of the private sector during – and since – the transition to liberalization in the 1980s/90s.

He was also an ‘ideational entrepreneur’ who promoted the structural transformation of African economies to engender less extraverted and extractive forms of development. With the aim to safeguard the ‘gains of liberalization’, he co-founded and chaired the CEO Roundtable of Tanzania (CEOrt), providing a forum for industry leaders to constructively engage the government on policy issues. Together with his fellow countrymen Rahim Mawji, Moremi Marwa, Gilman Kasiga, he published a book to which the President himself, John Pombe Magufuli wrote the foreword: Tanzania’s Industrialisation Journey, 2016-2056: From an Agrarian to a Modern Industrialised State in Forty Years (2017).

Mufuruki also spread his ideas in a TED talk, where he debunked the myth of ‘Africa rising’ with great verve, as some critical political economists have also done. Yet despite being touted as an ‘intellectual of capital’ by historian Chambi Chachage, you won’t find the term capitalism mentioned in Mufuruki and colleagues’ book other than when another cited author uses the term. Instead, less suspicious terms such as ‘the market’ and ‘the private sector’ are put to use. After all, upebari (capitalism) and mapebari (capitalists) are still terms used widely with a negative connotation in a country where socialism is still enshrined in the constitution.

In contrast, in Nigeria, another intellectual of capital, Tony Elumelu, was far less hesitant to mobilise the vocabulary of capitalism for his purposes when he came up with the term Africapitalism in 2011. Since then, the notion has become a popular hashtag in social media, and now garnishes the titles of at least three books (Edozie 2017Idemudia and Amaeshi 2019Amaeshi et al. 2018).

Like Mufuruki, Elumelu is someone for whom capitalism has worked very well, having turned the Nigerian United Bank of Africa (UBA) into a pan-African player in the 2000s. He is now the board chairman of Heirs Holding, a pan-African private equity firm based in Lagos. For the past ten years, he has also headed a large philanthropic enterprise dedicated to fostering entrepreneurship across the continent.

Like Mufuruki, Elumelu is representative of ‘Africa’s new, burgeoning capitalist class’ – a new crop of African entrepreneurs who not only have amassed huge fortunes, but who also increasingly shape representations of the continent on matters of economic and social policy in the battle for minds in and beyond Africa. As argued in a recent post to this blog series by Nigerian historian Moses Ochonu, engagement with this new crop of entrepreneurs is often fraught with two interrelated problems: ‘One is a failure to develop an analytical toolkit that accommodates the capacious and amorphous entrepreneurial lives of Africans who were pigeonholed into the new neoliberal category of the entrepreneur. The second is a failure to adequately critique the exuberant, self-assured discourse of entrepreneurs as economic messiahs and replacements for the economic responsibilities of the dysfunctional African state.’ I am taking this finding as an invitation to critically think through Africapitalism beyond capitalism.

Originally, ‘Africapitalism’ only provided a shadowy outline of a new economic blueprint for structural change in Africa. Elumelu underlined that ‘its primary goal is greater economic prosperity and social wealth, driven by Africa’s private sector – its domestic economies, markets, and businesses.’  Its agenda, however, became subsequently more philosophically refined as part of an academic project sponsored by Elumelu’s Foundation at the University of Edinburgh School of Business.

The Nigerian academics involved reframed the Africapitalist ethos as a set of fundamental values through which capitalism is supposed to be made to work for Africans. ‘[A] sense of progress and prosperity,’ ‘a sense of parity,’ ‘a sense of peace and harmony’ and a ‘sense of place and belongingness’ were put at the heart of the Africapitalist project.

At first it seems puzzling that someone would unashamedly embrace capitalism as an ideology of the future on a continent that has historically most brutally suffered under it, and which until today – by many accounts – continues to do so. Making a case for capitalism so boldly happens rarely anywhere in the world, especially outside the UK and the US, where Milton Friedman and others have promoted capitalism as a free-enterprise system that brings humans’ true nature to the fore. Friedman even ran a TV show on it.

Originally, ‘Africapitalism’ only provided a shadowy outline of a new economic blueprint for structural change in Africa. Elumelu underlined that ‘its primary goal is greater economic prosperity and social wealth, driven by Africa’s private sector – its domestic economies, markets, and businesses.’

Even in other core capitalist countries such as Germany, politicians or business folk tend to use less controversial vocabulary such as ‘the market economy’ or ‘our economic system’ when they talk about the world they inhabit. When the leader of the Youth Wing of the Social Democrats (JUSOS) in Germany explicitly used the term capitalism in 2019 to argue that what is assumed to be God-given can actually be changed (calling for labour to own stakes in large businesses), all hell broke loose. That the term is avoided in public debate happens even more often across Africa.

Most independence governments shunned capitalism as the ideology of the colonisers, and until today, many leaders shy away from openly embracing it as the ideology of choice. Almost 30 years ago, Paul Zeleza noted that even in countries with a history of pro-capitalist development since independence, such as Kenya, politicians, entrepreneurs and academics rarely made a public case for capitalism. A recent piece by ROAPE’s Jörg Wiegratz for this series on roape.net and a 2019 intervention of the Mathare Social Justice Center seem to reaffirm the discursive invisibility of capitalism in at least that corner of the continent.

The enthusiastic promotion of Africapitalism also seems puzzling given that capitalism has become increasingly questioned as an ideology-cum-economic system that can take us into the future. The global financial crisis, all-time high global inequalities, but also the increasingly obvious ecological limits of an economic system based on infinite growth, present challenges to anyone trying to make a continued case for capitalism.

Critical books diagnosing capitalism as ready to implode, imagining post-capitalist futures or directly attacking those benefiting disproportionally from the machinations of contemporary capitalism have become plentiful, often reminding us that it is either capitalism or the planet.

The enthusiastic promotion of Africapitalism also seems puzzling given that capitalism has become increasingly questioned as an ideology-cum-economic system that can take us into the future

In the wake of the global financial crisis 2007-8, even the promoters of global corporate elites admit that capitalism has come ‘under siege.’ With debates on inequality and climate change at an all-time high, now even some of the biggest profiteers from financialized capitalism, such as investment banker Jamie Dimon, want to save capitalism from capitalism.

The Corona virus crisis is just the latest product of capitalism’s ‘blasted landscapes.’ As Senegalese economist Felwine Sarr recently argued in two widely circulating essays in the German Newspaper Sueddeutsche Zeitung, the COVID-19 pandemic is the product of the minority world’s ‘imperial mode of living’ which partly has been taken up in China and other emerging economies, and now puts the fallout on the rest of us. In a way, it may be considered the harbinger of the climate catastrophe to come – a catastrophe for which only a relatively small part of the world population is responsible (especially if environmental debt is calculated per capita and historically).

The Corona crisis also calls into question the debt-financed growth strategies of many African governments, to the extent that a group of 100 African intellectuals have called for a complete overhaul of the African variant of neoliberal capitalism, where road and airport infrastructures and other ‘urban fantasies’ are prioritized over human well-being.

At the same time, there have been various developments that help us make sense of why ‘Africapitalism’ as an idea emerged and has been taken up so enthusiastically across Africa, and reverberates powerfully even in times of Corona (Elumelu’s UBA just announced a $14 million COVID-19 relief support across Africa).

First, since 2008, Africa has come to be heralded as the last frontier of capitalism, most prominently encapsulated in the ‘Africa rising’ narrative. Although even some intellectuals of capital have been wary of the danger of a single story, such as Mufuruki himself, this narrative has nevertheless redirected the gaze of global capital towards the continent.

As the late Thandika Mkandawire pointed out: ‘Ideas matter. While not always decisive, they do have an autonomous and noticeable effect on interests and institutions.’ Indeed, many African corporate and political elites have tried to exploit this moment of increased global attention, especially the new crop of mega-rich entrepreneurs that Elumelu is part of: the Kirubis, Motsepes and Dangotes of the continent.

Since 2008, Africa has come to be heralded as the last frontier of capitalism, most prominently encapsulated in the ‘Africa rising’ narrative.

Elumelu himself seems to admit that Africa should not rise in a business-as-usual mode. To remedy potential conflicts arising from jobless growth, accumulation by resource extraction and increasing demographic pressures, it ‘is in capital’s own interest to think long-term and invest for social impact’  Why not bet on a mode of production that has, as some would say, proven to be the largest wealth-creating machine in human history?

For Africapitalists, it just depends on the variety of capitalism and how inclusive it is made. It is along these lines that promoters of Africapitalism want to free capitalism from its most excessive and socially destructive features, turning it into a win-win machine for capitalists and the communities they ‘serve’. This is supposed to happen through voluntary, private sector-driven initiatives rather than through taming capitalism through public regulation.

Second, there has been an increasing shift in development thinking over the past decade. The private sector is now being hailed as the prime agent of economic change. The entry of philanthropic entities, private equity funds, impact investors and conventional multinationals into the business of development indicates this trend.

This has been buttressed by a range of concepts that try to give capitalist activities greater legitimacy, such as ‘inclusive capitalism’, ‘corporate citizenship’, ‘social enterprise’, ‘creating shared value’, ‘impact investing’, or the ‘double/triple bottom line approach’.

Africapitalism relates to these intellectual currents, but at the same time claims to supersede them. In such an environment, it sounds increasingly natural to make entrepreneurs – as ‘wealth creators,’ ‘job creators,’ ‘innovators,’ ‘problem-solvers,’ ‘disruptors’ and ‘givers’ the prime movers of economic transformation. Yet those who also create value, be it the state or workers, are largely absent in this narrative.

Third, there are long-standing questions about how to think about Africa’s future development trajectories and through which means ‘development’ could best be achieved. The idea of Africapitalism makes a bold contribution to this debate, reinjecting African agency into the discourse of economic transformation. Many independence leaders were seriously committed to a politics of the future, creating long-term visions of how their societies should develop (e.g., Nkrumah, Senghor, Nyerere) This particular version of politics of the future faded away from the 1980s onwards, when the projects they were based on had run into economic troubles.

‘The African state,’ variously described as socialist, rent-seeking, vampiristic, centralised, clientelist, neopatrimonial, predatory, kleptocratic or failed (Mkandawire 2001: 293), was suddenly blamed for all kinds of evils and the lost development decades of the 1980s and 1990s. Statist and home-grown academic visions of societal transformation were gradually replaced by copy-and-paste adjustment practices. Issa Shivji aptly described this situation a few years ago: ‘The globalization hegemony dictated that the “villages” of the globalizing world did not need thinkers, but only purveyors of thought generated elsewhere.’  Until the early 2000s, African economies had become even greater importers of foreign concepts, something that has always been part of the (post)colonial experience.

The Corona crisis also calls into question the debt-financed growth strategies of many African governments, to the extent that a group of 100 African intellectuals have called for a complete overhaul of the African variant of neoliberal capitalism, where road and airport infrastructures and other ‘urban fantasies’ are prioritized over human well-being.

The longstanding calls for the domestication of ‘development’ moving beyond imperial Western thought, overcoming the colonisation of mind and language, as well as the more recent calls for Africentricity, Africonsciousness and Afromodernity have been responses to this predicament. The idea of Africapitalism fits with the idea that development in Africa should happen with a ‘sense of place’.

It connects with the long-standing desire of African and African Diaspora people to reassert the continent’s role in the world. Frantz Fanon once described this desire powerfully in The Wretched of the Earth, ‘….if we want humanity to take one step forward, if we want to take it to another level than the one where Europe has placed it, then we must innovate, we must be pioneers.’

While closely linked to its Nigerian origin, Africapitalism also ties into and takes inspiration from another vision for Africa’s transformation, Ubuntu economics. Both philosophies are said to ‘embed within themselves the principles of self-determination, African agency, African knowledge and an Africacentric symbolic identity’.

Both philosophies are mobilised to carve out new spaces of thought and practice from the global political economy for accumulating both economic and social wealth in Africa. But Africapitalists have no problem with the foreignness of capitalism, and for the more libertarian kind it is in fact socialist practices that are foreign imports into a context where ‘(p)rofit, trade, and entrepreneurship are inherent aspects of indigenous economic systems’.

For these libertarian Africapitalists, the capitalist ethic is a product of nature (rather than a product of history) – a finding which has been critiqued in an earlier contribution to this blog series by Horman Chitonge. ‘Africapitalism’ also can be related to the long-standing concept of Pan-Africanism, but comes across as a globally more appealing and neutral concept, as Pan-Africanism always had an anti-imperial and anti-capitalist ideological core.

So, what does the concept actually deliver for the continent (and its diaspora people) in terms of transformative, emancipatory and redistributive potential? Despite the welcome Afrocentric and Afroconscious rhetoric, Africapitalists, much like most other politicians and business folk fail to fully ‘open up the present to more than its own repetition.’

This does not deny the need for Africans to advance a more humane, place-based, and connected economy that tries to radically transcend capitalism as the continent has known it. As Mkandawire recently remarked, we should be essentially upbeat about Africa, but it ‘must be given space, or capture space, to think its own way out of its predicament’.

At a time when the true costs of climbing up the capitalist ladder are more obvious than ever; Africa is in a good position to generate real and viable alternative economic futures. But this requires much more than promoting Afrocentric entrepreneurship and needs an approach that enables us to seriously break with the coloniality of power, knowledge and being that has shaped Africa’s adverse insertion into the global political economy since the colonial period. It is only this systemic overhaul which will set African economies on a new footing.

Frantz Fanon once described this desire powerfully in The Wretched of the Earth, ‘….if we want humanity to take one step forward, if we want to take it to another level than the one where Europe has placed it, then we must innovate, we must be pioneers.’

After all, Africanization does not equal decolonization. By relying on categories that were often formed during colonial encounters (such as ‘growth,’ ‘efficiency’; ‘nature serves man as a resource’), by largely subscribing to the current orthodoxy in management and business speak, and by not being grounded in a broader alliance of social forces and ontologies, Africapitalists fail to make visible and utilise the full range of unrealised possibilities that the continent offers when it comes to thinking through capitalism beyond capitalism. They promote a world where redistribution happens because of entrepreneurs’ commitments to the idea of shared value rather than improved tax collection or other forms of redistribution.

Africapitalists also are ‘devoted to the unlikely idea that the bitter conflicts between labour and capital in the West can be replaced on the continent by capitalism informed by the humanistic solidarities of Ubuntu. They imagine a world where capitalist enterprises create economic and social value in the communities they serve through win-win arrangements. It is also a world where large foundations are tasked with economic and social transformation more broadly, despite the increasing evidence of the flaws of the venture philanthropy model/philanthrocapitalism, and the wanting labour, environmental and corporate governance track record of companies that are being cited as good examples of Africapitalism (take Zambeef or Nakumatt, for instance).

In order to revoke the current economic order, we need concerted, pan-African and radical efforts to remake African economies, which are at the same time grounded in the awareness that Africa is part of a wider global ensemble in which humans are one among many species. This does not mean that Africans must scale down on their desire to live dignified, fulfilled, and secure lives, but that anyone engaging with the future must dare to move outside a frame that may hold for only another few decades before it will fully fall apart.

Such questions may be dismissed against the background that Africapitalism is first and foremost about attaining the discursive power to shape one’s own economic destiny in a region where millions of people are yet to enjoy the material wealth of the North, or many emerging economies, and thus lack the privilege to think beyond capitalism. During such an endeavour, questions of environmentalism may be treated rather agnostically.

Yet, even though attaining the power to shape one’s own destiny and developing a set of discursive, place-based concepts that can help build alliances around a project of economic transformation are certainly key to more prosperous African futures, it can be questioned whether this should be done through practices that have historically built wealth in certain regions of the world only on the back of cheap nature, food, labour and energy elsewhere.

The COVID-19 pandemic is nature’s way to fight back, bringing the technologically sophisticated yet often ecologically destructive and dehumanising architecture of contemporary supply chain capitalism to its knees, further proves the ecological and social limits of any variant of capitalism. It is worth re-reading Fanon: ‘So comrades, let us not pay tribute to Europe by creating states, institutions, and societies that draw their inspiration from it. Humanity expects other things from us than this grotesque and generally obscene emulation.’

The article was published in the Review of African Political Economy journal extended version originally published in Africapitalism: Sustainable Business and Development in Africa by Idemudia and Amaeshi (eds) 2019.

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Urban Africa Under Stress: Rethinking Economic Pressure in Cities

As in other neoliberal cities, the remedies for significant economic burdens are individualized and the political economy that scaffolds them often remains hidden from view. Instead, predatory mobile loans, principally targeting youth, are offered at exorbitant interest rates, the booming church industry thrives on a prosperity gospel that promises individual riches in exchange for prayers and the country’s development is projected in a number of ‘vision’ documents that promote large-scale infrastructure rather than an improvement in basic conditions for all Kenyans.

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Urban Africa Under Stress: Rethinking Economic Pressure in Cities
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Research on economic pressure in Africa has been approached from diverse vantage points. While economists frame ‘pressure’ as a consequence of market failures, or as a by-product of macro-economic measures such as structural adjustment reforms or technological and political change, anthropologists who zoom in on the economic pressures individuals face in their everyday lives, i.e. the lived experiences of those who are ‘under pressure’ have focused more on topics such as uncertainty and precarity. Alternatively, economic psychologists tend to naturalise pressure as an individual response to an adverse financial situation, eclipsing the varied ways pressure is intertwined with and shaped by broader societal transformations, power structures, social relations and obligations, and webs of exchange. There are currently no studies we are aware of that focus on the multi-faceted societal constitution of economic pressure in capitalist Africa, or that compare how pressure is experienced across gender, generation or socioeconomic groups.

How do we study pressure?

Our review of existing literature on economic pressure has identified two main gaps. On the one hand, most ethnographic studies focus on a particular group/community (e.g. female gig workers, urban poor, farmers, security guards, an extended family or even a few individuals). How the experiences and drivers of pressure differ across groups according to class, income, gender, geography, profession etc., is largely absent from the literature. On the other hand, studies tend to frame pressure in the context of one specific driver (e.g. agrarian change, consumer credit, financial inclusion, changes in the structure of work, unemployment, supply chain dynamics, etc.), often in a broader context of neoliberalism, commercialisation, and globalisation.

Our blog series aims to address these gaps by exploring economic pressure in a more situational and practice-oriented way, in which pressure is understood as an affect produced in and through specific geographies, temporalities, and social and economic relations. This allows us to apprehend how specific geographies such as neighbourhoods, estates, markets or cities are pressure inducing or “under pressure”. We frame economic pressure as a multi-causal and highly localized phenomenon shaped by broader geographic, social, cultural, economic and political environments, while, at the same time, acknowledging the value of a comparative approach that captures the experience of pressure across social and economic classes.

Correspondingly, our intervention – in this blog series and beyond – aims to critically engage with and counter two main positions in the literature and policy debates. First, we argue that as a social experience, economic pressure and stress are not confined to the urban poor. By widening the categories of actors (e.g. ultra-poor, poor, middle-class, rich and super rich), our analysis and debate expands the portrayal of pressure as an experience that solely affects the poor; whether it be the “hustler” striving to make ends meet on the streets of Nairobi or families using food banks in Johannesburg. Understanding the cross-class characteristics of pressure is key to understanding how it has become an ubiquitous phenomenon constitutive of capitalist society and everyday life.

Second, we question the assumptions regarding the power of individual action and choice prevalent among psychologists, behavioural economists and other social scientists working on the productive potential of hope, aspirations and self-efficacy (e.g. the work of behavioural economists such as Johannes Haushofer as well as anthropologists such as Arjun Appadurai). Instead, we take the position that economic pressure is produced through the intersection of overarching ideologies, economic structures, social webs of exchange, and the dynamics of capitalism that shape the lives of all classes in the urban population. Based on our review of existing literature and preliminary qualitative interviews conducted in Nairobi, we suggest that economic pressure is an emotional state engendered by a cognitive assessment of a real/imagined disbalance between real/imagined economic demands and the real/imagined ability to fulfil them. Crucially, the existence of economic pressure does not necessarily entail an actual disparity between demands and abilities; rather, it is a (inter)subjective experience produced by changes in an actor’s social and material environment that suggests to him or her that such a disbalance exists and is relevant, significant and urgent. Hence, we do not conceptualise economic pressure as a quantitatively measurable individual feeling, but as an affect whose constitution, magnitude and presence are a function of atmospheric changes in one’s environment. Economic pressure is thus better grasped by local idioms such as piny pek (Dholuo, “the world weighs heavy”) or ngori (Sheng, “trouble”) than through a set of objective criteria.

Where do we study pressure?

Our focus is the capitalist and especially neoliberal city. The effects of neoliberal restructuring and regimes of accumulation have been particularly inimical in African cities, which face ever deepening informalisation, inequality, insecurity, economic uncertainty and attendant excessive policing, yet continue to pulsate with the promise of possibilities. African cities are particularly fertile sites in which to examine pressure as they are agglomerations of rapid and often turbulent social, cultural and economic change triggered by late capitalism, and are home to a range of interconnected actors who experience and manage, as well as co-produce and co-intensify, pressure across class and other divides. City dwellers also experience a constellation of conditions that are distinct from their rural counterparts: they have more business opportunities and risks; face a range of infrastructural constraints, from rising housing and transport expenses to a shortage of affordable housing, water and sanitation; experience high levels of poverty, widespread under-/un-employment, and intense competition for jobs with concomitant downward pressure on wages in the context of increasing rural urban migration; are more vulnerable to urban criminals or state agents (police etc.) that rob them of their earnings or assets, and their financial demands are not fixed, but ever-changing, often with an accelerated speed, and abetted by mobile technology, the self-help industry, and loan apps that encourage financial action. In addition, urban residents are more plugged into the circuits of global capitalist culture (technological connections, media, music, wealth, digital work, etc.) and the latter’s imaginaries of prosperity contribute to the trend of restless and calculative agency.

This complex and shifting landscape of ‘pressure in the city’ demands an inter-disciplinary approach to apprehend how economic demands, obligations and constraints interweave with the social worlds and life experiences of city dwellers. This includes, on the one hand, examining the inter-relationship between available income (and saleable assets more widely) and the necessary and desired demands that actors (and their families, kin, and social networks) face. This income-demands gap (as distinguished from the income-expenditure gap) is a key catalyst of ‘pressure’. On the other hand, this requires tracking pressure across noneconomic registers – financial, cultural, social, psychological – and gaining a comprehensive picture of how these registers relate. For example, while pressure is associated with a number of common somatic symptoms such as sleeplessness, ulcers, lack of energy, depression, over-activity and burn-out, it may also create the conditions that prompt an array of actions such as gender-based violence, concealing or switching phones to avoid being observed or contacted, gambling and drinking, which can induce new psychological, financial and social pressures. Attaining a full picture of pressure — its drivers, symptoms and consequences — thus necessitates an inter-disciplinary and multi-methodological approach.

“One illness away from poverty”: Economic pressures and uncertainty in Nairobi

In the context of the pandemic, Nairobi continues to be a city of disparities. Against the looming local and global slow-down that the Covid-19 crisis has provoked, a recent poll shows that vast sections of the Kenyan population are now unable to pay for utilities (67%), rent, or medicine, can no longer remit money to dependants (79%), have defaulted on loans repayment (75%), and had to turn to food donations. Significantly, 81% of those surveyed are anxious and stressed, while 52% felt helpless and 33% angry. Indeed, the conditions urban residents face are stressful. With the large tracts of the promised Covid-19 stimulus package monies unaccounted for and seemingly never expended, the inconsistent food donations in poor communities tapering, and one million jobs lost in three months, daily life is now even more difficult to plan. But these pressures build on dynamics that existed before the pandemic. In February 2020, before the government implemented a lockdown, census data documented that 39% of youth (between the ages of 18-35) were unemployed. Likewise, over half of those employed in 2018 earned less than 10,000 Kenya shillings a month [less than $100], which is barely enough to cover basic necessities such as food, transport, housing and clothing. With privatization and the high cost of basic services such as rent, healthcare, water and, in many poor neighbourhoods, even sanitation facilities, meeting one’s every day needs is a significant financial strain. Even the middle-class are only “one illness away from poverty” due to the inordinate cost of private health care and similar shocks.

As in other neoliberal cities, the remedies for these significant economic burdens are individualized and the political economy that scaffolds them often remains off-staged/hidden from view. Instead, predatory mobile loans, principally targeting youth, the poorest and underemployed, are offered at exorbitant interest rates, the booming church industry thrives on a prosperity gospel that promises individual riches in exchange for prayers (and often significant tithes) and the country’s development is projected in a number of ‘vision’ documents that promote large-scale infrastructure (such as roads, railways, airports etc) rather than an improvement in basic conditions for all Kenyans.

It is against these realities, that, over the last few years, public discourse more and more features words such as “mental health” and “burnout.” It is not a coincidence that this vernacular is taken up at a time when most Kenyans, surveyed across geographies, genders and classes, reported that their financial status worsened between 2016 and 2019.Interestingly, during this same three year period, we observe increasing (neoliberal) efforts directed towards “financial inclusion” habitually channelled through “fintech.”

Certainly, Kenyans are finding it hard to juggle all their economic burdens, from extended families to basic necessities, let alone finance the personal and collective aspirations for home ownership, better education, cars etc. All around, across all demographics, there is personal and collective work directed towards lightening these loads, made by piny pek – a heavy world. There are bets hedged, some won and many lost; collective savings groups, gambling, debts, and other situated modes to narrativize and negotiate economic pressures. Future blog posts will detail these means of coping in more ethnographic depth, showcasing the fervent efforts people of all walks of life in Nairobi, a capitalist city, are making to ease the pressure.

This article was first published in the Developing Economics.

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Lights in the Ocean: Seeing Potential in Kenya’s Blue Economy

A number of factors have conspired to hinder the growth of Kenya’s maritime industry. Chief among these factors are lack of sufficient support from the government, policy gaps, high shipping costs, and lack of specialised maritime training.

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Lights in the Ocean: Seeing Potential in Kenya’s Blue Economy
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In 2015, when the Kenya Maritime Authority (KMA), the industry regulator, took the National Maritime Conference to Nairobi for the first time, policy makers at the highest level became aware of what a sleeping giant the industry was. Underscoring how much the blue economy (BE) had become a priority for Kenya, the government hosted the first-ever global Sustainable Blue Economy conference in November 2018, with support from Japan and Canada. About 16,000 delegates drawn from all over the world participated.

Key political messages that came from Kenya included the need to mobilise financing for the industry; creation of a blue economy and people-centered strategies on sustainable development; streamlining gender equality in the industry; and strengthening science and research, among other measures to awaken the giant.

Participants made voluntary financial commitments amounting to $172.2 million in various aspects of the BE, as well as several non-monetary commitments in areas like partnerships and capacity-building.

On numerous occasions since 2015, President Uhuru Kenyatta has indicated that Kenya is prioritising the implementation of sustainable blue economy programmes since the sector has the potential to accelerate the country’s development. He has cited the shrinking of land-based resources as a result of a rapidly rising population in Kenya as a good enough reason for a prudent government to lay more focus on resources spread in the ocean with an area of 245,000 km², or 42 per cent of her total land area, which makes Kenya a maritime state.

However, various measures that the government has undertaken in recent years to accelerate the BE have not yielded the envisaged results. This is largely blamed on many years of policy neglect and a consistent failure by the industry’s players to take remedial actions.

Policy gaps

From the onset, Kenya has not been keen on the growth of the maritime sector. Even Kenya’s first independence economic blueprint, African Socialism and its Application to Planning in Kenya of 1965, failed to anchor BE in the country’s economic growth agenda, in spite of its significant role in transporting 95 per cent of the country’s global transactions.

The industry has thus evolved without the support of state policy-making machinery. Instead, it has largely relied on foreign players, who continue to exploit it to date and who repatriate billions from the economy.

Merchant Shipping Act 2009, which was assented to by Kenya’s President Mwai Kibaki after two lapses in Parliament due parliamentarians’ ignorance of its urgency, was the first attempt to regulate the sector. The new law was the brain child of KMA, which was established in 2004 to oversee the transfer of responsibilities in shipping matters from the Kenya Ports Authority (KPA) to an autonomous state corporation. This push came from the US government, which was afraid that having succeeded to hijack planes and carry out the September 11, 2001 terror attacks, terrorists could also do the same on largely unsecured African ports.

The industry has thus evolved without the support of state policy-making machinery. Instead, it has largely relied on foreign players, who continue to exploit it to date and who repatriate billions from the economy.

The 2009 Act created a comprehensive and modern legal regime for merchant shipping in Kenya and replaced the outdated Merchant Shipping Act, 1967. The old law did not reflect major transformations in the industry globally, which prevented the full exploitation of Kenya’s maritime industry.

The president’s good intentions on the industry are clear. However, there is a clear policy gap on who should steer the growth of BE. The president, in January 2017, appointed the Chief of Defence Forces, Samson Mwathethe, to chair a Blue Economy implementation Committee. The Kenya Gazette notice said that the eight-member team was mandated with co-coordinating and overseeing the implementation of the prioritised programmes in the industry and was to submit monthly reports.

Most importantly, it was supposed to develop an Integrated Maritime Transport Policy to galvanise and harmonise an industry that is currently overseen by 22 agencies with duplicating and conflicting roles. For over 3 years now, this has not yet been achieved and signs that the committee is working on it are nowhere to be seen.

The management of the BE is currently spread through three government departments without any clear mechanisms of collaboration despite the great interdependence among the players in the maritime industry.  Executive order no. 1 of May 2020 places KPA and the Kenya Ferry Services (KFS) under the transport department. The Department of Shipping and Maritime Affairs oversees KMA, Bandari College and Kenya National Shipping Line, while the state department for fisheries is in charge of the Kenya Marine and Fisheries Research Institute and the Kenya Fisheries Advisory Council.

Without a harmonised approach, the country has failed to exploit sea-based resources, which are worth a huge fortune. In 2018, the then Agriculture Cabinet Secretary, Mwangi Kiunjuri, said Kenya was losing over Sh440 billion annually by failing to fully exploit the blue economy.

Marine fishing’s lost potential

The Western Indian Ocean has resources worth more than Sh2.2 trillion annual output, with Kenya’s share being about 20 per cent of this. The marine fishing sub-sector alone had an annual fish potential of 350,000 metric tonnes in 2013 worth Sh90 billion. However, the region only yielded a paltry 9,134 metric tonnes worth Sh2.3 billion.

Optimal exploitation marine fishing is hindered by infrastructural limitations and inappropriate fishing craft and gear. Artisanal fishers mainly restrict their operations to the continental shelf because they are ill-equipped in terms of craft and equipment to fish in the deep sea.

The Kenyan coastline is rich in fish species. For instance, Malindi is the only place in the world that offers the best chance of catching five different billfish species in one day – broadbill swordfish, black, blue and striped marlin and sailfish.

In 2018, the then Agriculture Cabinet Secretary, Mwangi Kiunjuri, said Kenya was losing over Sh440 billion annually by failing to fully exploit the blue economy.

The deep sea waters are left to Distant Water Fishing Nations (DWFN) who mainly fish tuna species. Kenya lies within the rich tuna belt of the West Indian Ocean where 25 per cent of the world’s tuna is caught.

Foreign fishing fleets can operate in Kenya’s Exclusive Economic Zone (EEZ) in accordance with the regional and international agreement and cooperation provision of the National Oceans and Fisheries Policy, which allows governments to continue granting fishing rights in their EEZs, taking into account the state of the stock and economic returns.

In December 2017, President Kenyatta suspended the licences of foreign trawlers as part of efforts to grow the country’s blue economy through value addition. During the 54th commemoration of the country’s independence, he said that the ban on foreign vessels would help increase fish processed locally seven-fold to 18,000 tonnes per year. Kenya, the president announced, loses about 10 billion shillings ($97 million) a year to foreign boats fishing without permission.

Lack of specialised maritime training

Although Kenya requires fishing vessels to land 30 per cent of their catch in the country to create processing jobs, coastguards lack sufficient capacity to police the country’s territorial waters.

Andrew Mwangura, a maritime expert in Mombasa, argues that carving out coastguards from the military was a big mistake. Coastguards have more roles to play and need specialised training. With only one boat at their disposal and less than 40 officers, he opined, coastguards lack capacity to effectively deal with the issue of illegal fishing. Coastguards are supposed to offer maritime safety and security with on-board other officers from customs, fisheries, port health, immigration and police.

Kenya’s effort to venture into deep sea fishing is not only limited due to lack of physical infrastructure but the country’s ill-trained workforce as well. The International Convention on Standards of Training, Certification and Watchkeeping for Fishing Vessel Personnel, 1995 (STCW-F 1995), entered into force on 29 September 2012, sets certification and minimum training requirements for crews of seagoing fishing vessels of 24 metres in length and above.

For maritime training institutes worldwide, the International Maritime Organisation (IMO) has developed a series of model courses that provide suggested syllabi, course timetables and learning objectives to assist the instructors to develop training programmes to meet the STCW Convention standards for seafarers.

Out of more than 30 courses offered in maritime training, as recommended by IMO, Bandari (which has since last year been renamed Bandari Centre of Excellence) is only able to offer 6 of these courses.

In addition, Bandari lacks shipboard training opportunities due to the nascent development of seafarer training in Kenya, which has caused delays in completion of training courses, given that shipboard training is compulsory in order to be certified. An integral part of the programmes for Sea Training is to ensure that the students acquire practical knowledge through actual work experience. One has to learn by doing while at sea and in port.

Out of more than 30 courses offered in maritime training, as recommended by IMO, Bandari (which has since last year been renamed Bandari Centre of Excellence) is only able to offer 6 of these courses.

Lack of training of seafarers will also lock Kenyans from the off-shore gas and oil industry exploration taking place in our high seas.

To optimise the gains in the sector, there is a serious need to invest in human resources by rolling out training in higher education institutions and tertiary colleges.

Despite the growing demand to create enough workforce commensurate with the industry’s growth, the status of maritime training is not very encouraging. Only three colleges and two universities offer maritime courses in the country, with most of the other professionals having trained overseas at highly prohibitive costs.

By 2016, the Philippines had over 37 maritime academies, 20 maritime training centres and 17 crewing manning agencies, enabling it to supply 20 per cent of the world seafarers.

High shipping costs and lack of a competitive environment

In its endeavour to facilitate and promote global maritime trade, the Blue Economy Implementation Committee identified the revival of the Kenya National Shipping Line (KNSL) as a critical intervention, with a potential of contributing to the exchequer Sh304 billion annually.

To do this, KNSL partnered with the Mediterranean Shipping Company (MSC) of Italy, in what was described as a government-to-government arrangement that would see the government retain the majority shareholding (51 per cent) at KNSL to turn it into a major national carrier.  Merchant Shipping Act section 16 A was amended and assented to allow the deal. However, the Dock Workers Union (DWU) challenged this in a court of law and when the ruling was done in its favour, the government deal collapsed.

The government’s plan intended to support the revival of the KNSL, which has been dormant for the last 23 years. Mismanagement sent the entity, which was established in 1987, into debt and loss of business. The deal was supposed to allow the MSC to run the second container terminal (CT2) at the port of Mombasa and it would also hire 2,000 seafarers every year for the next five years in return.

The estimated transport charges paid out to shipping lines calling at Mombasa port is about Sh304 billion annually. There is also another list of destination charges applied in the country that have made the shipping business in Mombasa costly.

The government, in supporting the deal, estimated that its cargo costs an average of Sh14billion in freight per year, while local destination charges comprise another Sh34 billion. With local shipping capacity and the application of “Buy Kenya, Build Kenya” policies, the amount of Sh14 billion could be retained in Kenya, Transport CS Mr. James Macharia argued in support of the deal.

In the absence of a pricing framework or competitive environment, the destination tariff has proliferated in Mombasa port to 36 charge items. The revived KNSL could be used by the government to influence and leverage the reduction or doing away with components of destination charges thus reducing the national burden in maritime transport. Some of the charges include delivery order fee, amendment to bill of lading fee, supervision fee, manifest correction fee, currency exchange rate, container repair charges, and equipment management fee, among others.

In running the liner service, KNSL had the option of chartering or acquiring with time its own vessels. It was anticipated that income arising from transferring MSC trans-shipment cargo from Mombasa to other ports around Africa would yield sufficient funds to make consideration of vessel acquisition a reality in the long run.

The second container terminal is currently being operated by Maersk Shipping, the largest line calling at Mombasa, with control of over 30 per cent of the total cargo volumes at the port. When the terminal was finished over three years ago, it was supposed to be operated by a private player, who KPA was unable to pick from bidders due to a row that ended up in court.

Last year, Denmark, France, Japan and the UK protested that management of CT2 should have gone out to international tender since this was a condition for Japan to provide Sh28 billion for the first phase and Sh35 billion for the second phase construction.

Marine Cargo Insurance (MCI) also has huge potential. Its overall performance has significantly improved since the National Treasury directive to enforce Section 20 of the Insurance Act came into effect on 1 January 2017 that requires compulsory purchase of MCI from local underwriters. However, by importing cargo on Cost Insurance Freight (CIF) and the lack of proper coordination between various agencies has made the enforcing of this requirement a huge challenge.

Claims of undercutting have rocked the MCI insurance business as a record number of players entered the segment. The Insurance Regulatory Authority (IRA) had in the past raised concerns over unsustainable premiums.

Following the directive, the MCI performed considerably well compared to the years before 2017. The gross written premiums were Sh2.3 billion compared to Sh1.45 billion in 2016, representing an increase of 59 per cent. Based on the value of the imports, MCI premiums can generate up to Sh20 billion for local underwriters if the law is fully enforced.

Twenty-seven insurance companies have been brought on the online cargo clearing system run by the KenTrade, which is being integrated with the Kenya Revenue Authority’s Integrated Custom Management System (iCMS). This could help in enforcing section 20.

Cruise ship tourism: The next frontier

Cruise ship tourism is another area with huge potential as it targets high- end tourists. Industry experts say that 400 cruise tourists are equivalent to 4,000 tourists who come to the country via air. Kenya Ships Agents Association (KSAA) estimates that 40 cruise ships calling at the port could translate to US$20 million.

In 2004, at least 42 cruise ships arrived in Mombasa, with 15,166 passengers who took safaris to various destinations, especially to Maasai Mara and Tsavo national parks, earning the sector millions of shillings. But the number dropped as piracy took over in the Indian Ocean, with 2012 being the worst since not a single vessel called at Mombasa port.

Industry experts say that 400 cruise tourists are equivalent to 4,000 tourists who come to the country via air. Kenya Ships Agents Association (KSAA) estimates that 40 cruise ships calling at the port could translate to US$20 million.

A memorandum of understanding was signed early this year between Kenya and Vanilla Islands, a consortium of island nations including Seychelles, Madagascar, Mauritius, Comoros, Reunion, Mayotte and the Maldives.

Construction of the Mombasa cruise ship terminal at the port of Mombasa, which was supported by the Trademark East Africa. has been completed. The new terminal contains duty free shops, conference facilities, restaurants, offices, baggage conveyor belts, and migration and health offices. Further, the facility has a capacity to handle 2,000 cruise ship passengers at a time.

Stakeholders in the hospitality industry have been pushing to be represented at the KPA board so that they can help in understanding cruise tourism dynamics, such as developing cruise facilities at the other smaller ports, and in influencing the port to bid for as many cruise vessels as possible.

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