“The waste of scarce resources in Africa’s energy systems remains stark and disturbing. Current highly centralized energy systems often benefit the rich and bypass the poor and are underpowered, inefficient and unequal. Energy-sector bottlenecks and power shortages cost the region 2-4 per cent of GDP annually, undermining sustainable economic growth, jobs and investment. They also reinforce poverty, especially for women and people in rural areas. It is indefensible that Africa’s poorest people are paying among the world’s highest prices for energy.” ~ Excerpt from the Foreword by Kofi Annan in the AFRICA PROGRESS REPORT 2015
“… and all consumers know, when the producers name the tune, the consumer has to dance.” ~ Gil Scot Heron, B-Movie
The Kenya power sector is many things to many people. For some, it is a shining African example of a successful power sector while for others, it is a scandal-ridden den of thieves. For some, it is one of the world’s leaders in green energy and for others it is an unapologetic advocate of coal power. As with many countries, amidst the conflicting politically-driven narratives, it is often hard to separate truth from opinion. Tabled plans serve complicated and disguised agendas of both local and international interests.
Currently, Kenya has an installed capacity of about 2600 MW. This is about one-twentieth the size of South Africa’s grid and more than twice that of Uganda’s.
Despite the bad press, there is much in Kenya’s power sector to be upbeat about. Compared to others in the region, the sector has performed well. Kenya Power has a reputation as a credit-worthy off-taker. The sector is, to a large degree, privately owned, funded and operated. It is “open for business” and, eventually, it gets projects done. Much of the time (but not all) companies in Kenya’s power sector are profitable. By fortuitous accident of location and resource availability (geothermal, wind and hydro), the sector is mostly green. The sector has been able to innovate, complete projects and grow power generation with steady increases in supply and demand over 20 years. With donor support for the Last Mile Programme, it has managed a massive expansion, doubling its customer base in 10 years. Kenya Power, KenGen, the Energy Regulatory Commission (ERC), parastatal agencies and independent power producers (IPPs) have talented staff who enjoy competitive salaries and benefits.
Currently, Kenya has an installed capacity of about 2600 MW. (Ministry of Energy online statistics do not include recent solar, wind and geothermal projects.) This is about one twentieth the size of South Africa’s grid and more than twice that of Uganda’s. Recent additions of wind (300 MW from Turkana) and solar (50 MW from Garissa) have ratcheted down fossil fuel-fired thermal generation and greatly increased capacity to meet peak demand, as shown in Table 1.
Whether the reputation is deserved or not, Kenya’s electricity sector is much-liked by African energy investors. With over 1100MW of power-producing wells, Kenya is in the global top ten of geothermal electricity producers. Turkana Wind is the single largest sub-Saharan wind power project on the continent. At 50MW, Garissa solar is the largest solar project in the East Africa region. Today, tabled investments in geothermal, wind and solar are under way that will double Kenya’s power output in 10 years and most of these are environmentally-friendly (the proposed Lamu coal plant notwithstanding). With 60 per cent of the population connected to the grid, Kenya has the highest electricity access in the region and a higher per capita electricity consumption than Nigeria.
Exceptionally expensive electricity
So, from the above, everything would seem to be satisfactory with the Kenya power sector. But not all is well. In a 2015 assessment, Power Africa lists major “bottlenecks”: inadequate early stage capital for project financing, land/right-of-way risks (i.e. for transmission projects) and IPP “procedural” and process issues. In addition, it points out that the inadequate transmission and distribution infrastructure prevents optimal deployment of the available power resource.
Kenyan industrialists put it more bluntly. For them, exceptionally expensive electricity is among the main causes of manufacturer and investor migration to neighbouring countries. Given the comparatively low-cost hydro and geothermal power in the system, they have long expected reduced power costs. And this is a something the government has long promised but been unable to deliver.
Although murky deals have much to do with the problem, two factors drive continued high consumer power prices. First, we can thank the unbundled power sector. In 1996, at the behest of the international community, Kenya unbundled its power sector. According to a logic pushed by the World Bank, separate companies would independently manage costs, raise finance and increase competition. They would build management efficiency and help to overcome corruption and debt accumulation. Separated entities would enable Kenya Power to place the burden of electricity costs firmly on the shoulders of consumers as there is no subsidy in the payment formulas used to calculate consumer bills.
The unbundling of the power sector and the incorporation of IPPs had a number of positive outcomes. But they did not put to rest the central problems facing the Kenya power sector, nor did they reduce energy costs.
Second, for high power prices, we can thank diesel-fueled thermal power generators. These generators, which are necessary to meet peak loads and supply power when drought reduces hydropower output, add disproportionate long-term costs to power supply. Though they usually supply less than 15 per cent of the overall supply capacity, their costs to consumers (via fuel cost charges) make up an outsized part of the monthly consumer bill.
Kenya Power: An ignoble history
The unbundling of the power sector and the incorporation of IPPs had a number of positive outcomes. But they did not put to rest the central problems facing the Kenya power sector, nor did they reduce energy costs. To understand the situation today, it helps to review the sector’s past and how the donor-sanctioned unbundling of power altered its course.
At independence, East Africa Power Company Limited (EAPCL), a Nairobi Securities Exchange-listed company, included generation systems in Nairobi, Mombasa and the Tanganyika Electricity Supply Company (that became Tanesco). In 1954, the Kenya Power Company had built transmission lines to connect Kenya to Uganda’s Owen Falls Dam. In 1964, EAPCL sold its stake in Tanesco and it was much later renamed Kenya Power and Lighting Company (KPLC). Initially, most of its power generation was from the Tana River Development Company and hydropower accounted for 72 per cent of the country’s electricity.
The development of Kenya’s vast geothermal potential began in 1981 when the European Investment Bank kick-started the drilling of the Olkaria wells. After the first successful geothermal projects, many other financiers followed.
During the Daniel arap Moi era, high-level cartels used the energy sector investments to build political power and business empires and to fund political campaigns. Between 1983 and 1992, the power sector was plagued by scandals that had repercussions on the rest of the economy and which affected relationships with donor partners and investors. Multiple shady deals from the period, such as the Turkwell Gorge and the Ewaso Ngiro dam feasibility (it was never built), are still debated. Whatever the reality of these still-disputed deals, an outcome of the mismanagement was the withdrawal of donor support for the power sector. Following the Turkwell Gorge saga, a consultative donors’ group meeting (which included the World Bank and the International Monetary Fund) imposed an embargo on Kenya’s energy sector, which stalled international power project investments for almost a decade.
The World Bank and the donor community re-engaged with Kenya in 1996 with a plan to restructure the energy sector. The programme, which was part of global World Bank liberalisation initiatives, would pressure state-owned electricity companies to “unbundle” production, distribution, transmission and regulation. This resulted in the privatisation of power production to KenGen and independent power producers. KPLC was responsible for distribution and transmission and for creating an Energy Regulatory Commission to oversee the sector. The international community anticipated that unbundling would improve the overall management of the sector, increase transparency, expand opportunities for international investment in power projects, and lower prices.
Unlike other regional power sectors (e.g. South Africa, Tanzania, and Ethiopia), Kenya eagerly went along with unbundling, perhaps because it saw business prospects in this restructuring. However, under the new rules, the same cartels responsible for tarnished projects in the previous decade contrived new opportunities for themselves. Focusing on thermal power, insiders profited hugely from the entrance of new IPPs into the unbundled sector.
Contracts for thermal generation companies are attractive; it is almost impossible for IPP players to lose money. First, simply for being there, IPPs receive a “capacity charge”, paid according to the size of the generator. Whether or not they are deployed, contracts stipulate that the IPP is paid for being on standby and ready to supply power. Secondly, all thermal IPPs are paid per kilowatt-hours supplied at a fixed rate that is well above that paid for hydro or geothermal power providers. Thirdly, IPPs receive a “fuel pass-through payment” to cover the costs of fuel purchased. (Unsurprisingly, most thermal IPP companies come from the same business ecosystems as petroleum companies.)
From the very start, the processes of awarding thermal IPP contracts were contentious. There were conflicts of interest in ownership, unusual tendering procedures and allegations of insider trading. During poor rainfall periods in 1999 and 2000, diesel plants made money and consumers suffered. In 2000, while KPLC and KenGen flirted with insolvency, the government had to take an emergency $72 million loan to pay for fuel for generator IPPs. A 2003 parliamentary investigation committee blamed KPLC for mismanaging water from dams and creating artificial power shortages to boost thermal power generator sales.
Starting in 2008, and with the support of donor partners, the government introduced standard feed-in tariffs for wind, solar, geothermal, biomass and biogas, which would attract renewable IPPs. However, the feed-in tariffs did not fast track wind or solar. Instead, between 2008 and 2016, petroleum-fueled IPP and KenGen generation rose from 22 per cent to 35 per cent of the overall generation capacity, while by 2016 wind (from Ngong) amounted to less than 1 per cent of the installed capacity.
If the objectives of unbundling of the sector was to open up opportunities, in the 15 years that followed, it was mainly IPP thermal generation players that benefited from these opportunities. As noted earlier, geothermal power sources also increased significantly during this period, but consumers mostly were impacted by the costs of the long-term agreements signed with thermal IPPs that continue to haunt the sector until today.
Under pressure from the private sector to reduce prices and improve sector performance, the Jubilee administration has made some progress. Several new geothermal plants have been added, Turkana wind and Garissa solar are in place, and there is a considerable pipeline of projects on the way. But the litany of power sector maladministration continues. Sector agencies have been accused of procurement abuses on goods that range from poles to transformers, prepaid meters and drilling rigs. Employees set up “tenderpreneur” companies to do inside deals. On what seems like a daily basis, journalists report on the corruption and leakages in the sector.
From the very start, the processes of awarding thermal IPP contracts were contentious. There were conflicts of interest in ownership, unusual tendering procedures and allegations of insider trading.
So, even though power purchase agreements are being signed, capacity is being added and poles are being strung, the sector’s leaders have not brought down prices. Kenya’s power is still three times as expensive as power in Ethiopia and sector governance remains opaque and inefficient. Consumers are being warned by the regulator that prices are likely to rise.
Centralised or decentralised power: That is the question
The Kenyan government’s plan to address expensive power is to increase supply and to renegotiate unwieldy Power purchase agreements (PPA). However, in response to high prices and continued supply problems, and, in a trend that may foreshadow the future, local industry is exploring alternatives that allow them to control their own power supplies.
If the grid doubles in size in five years, Kenya Power will have to buy this power and sell it to consumers. With recent solar, wind and geothermal additions, and with another 400 MW from Ethiopia, the Kenya grid will have a growing oversupply of power.
Jubilee’s Big 4 industrial agenda requires low-cost electricity for urbanisation, population growth and economic development. Its political platform promised major power supply additions from the start, and its Least Cost Power Development Plan calls for 3000 MW additions that will double the current grid size by 2024. This includes scores of planned KenGen and IPP projects in wind (Kipeto, Ngong Phase III, Chania, Prunus, Meru), solar (Kopere, Alten Malindi, Quaint, Gitaru and others), geothermal (over 1000MW) and coal (Lamu). But even if all of the above power projects can be completed more cost-effectively and with less political influence than in the past, it is not clear that increased supply will reduce power costs. In 2019, current peak demand is just above 1800MW, compared to a healthy production capacity of about 2500MW.
If the grid doubles in size in five years, Kenya Power will have to buy this power and sell it to consumers. With recent solar, wind and geothermal additions, and with another 400 MW from Ethiopia, the Kenya grid will have a growing oversupply of power. Globally, few economies anywhere have expanded fast enough to double power demand in less than a decade and Kenya’s economy today is not poised for double-digit growth. An oversupply of power will create more, not less, problems for Kenya Power and its consumers. This comes at a time when Uganda and Ethiopia also have oversupplies and are looking to sell their surplus power. Common sense says that if the economy took 60 years to grow demand for a 2600MW grid, it will not be able to absorb an additional 3000MW in less than a decade.
Meanwhile, unhappy with expensive and often unreliable power, big customers have begun to produce power on site for their own needs at financed prices that are more attractive than Kenya Power rates. On the order of 25MW of embedded power has been installed in Kenya in the past five years, mostly in the form or solar PV but also from biogas and geothermal sources. In 2019, an additional 20 MW is likely be added. Malls, flower farms, factories, tea estates and universities are taking up embedded solar systems because they are reliable, they help control costs, they meet growing consumer demand for green power and they increase productivity. As shown in Table 2, companies are finding that they can manage their energy costs in ways that support their bottom line – at prices that are lower than Kenya Power rates.
Although thus far the tally of embedded solar power projects is relatively small, the trend should be of concern to power sector leaders. This is because the top 6,000 power consumers (i.e. those consuming 15,000 kWh/mo) account for about 60 per cent of Kenya Power revenues. These players are watching the early adopters and meeting with the financiers and installers of embedded power systems. Trends for self-production of power will not go away.
With the rapidly decreasing costs of solar, wind, biogas and energy storage technologies, producing one’s own power is increasingly viable. Globally, scores of companies are developing technologies and raising finance that can make consumers energy independent and enable them to sell excess power to the grid. Indeed, embedded solar and biogas and, increasingly, battery storage, are being actively promoted for industries, commercial establishments and households in developed countries. National power production profile curves in California, Germany and Australia now show impressive inputs from wind and solar power. A large portion of these are from household and commercial systems. As batteries get cheaper, more customers will opt to manage their own energy supply. As technology improves and costs go down, decisions will increasingly be driven by company (and household) bottom lines.
A Green New Deal for Kenya?
Although Kenya’s new Energy Act allows for net metering and distributed generation (i.e. self- production of power and sales of excess to the grid), the government and Kenya Power have been less enthusiastic about promoting embedded power. As elaborated above, the government’s focus is on centralised generation projects. This is unfortunate because it is clear that, globally, a tipping point is near. Lower-cost renewables and storage are changing things quickly, enabling large companies and developments to fully manage their own power production and, moreover, to remove part of the financing burden from the state and IPPs.
The biggest question facing the power sector is this: How will it lower costs, compete and improve overall performance for a population promised 100 per cent electricity access in a global business environment where customers can increasingly generate their own power more efficiently than the power company? To survive, the power sector must anticipate changing technologies and business models or it is likely to suffer some of the same consequences that land line telephones did when they were overwhelmed by cellular technology.
Globally, whether East Africa likes it or not, the world is entering the sunset stages of the fossil fuel age and power sector business environments are unfolding very differently than they were just a few years ago. They are moving toward distributed power technologies that can improve grid stability, create jobs and add economic value. In order to fight climate change and clean up the environment, international leaders are looking to green technologies, electric cars and renewably-powered smart and decentralised grids. The good news is that this is no longer science fiction – it is reality.
Rather than fight the inevitable, Kenya – which already has a reputation for having a “green power sector” – should become a regional leader for decentralised clean energy and plan for it. Just as was done with cellular phone networks, power sector planners should rethink their strategies so as to embrace the new realities.
First, power sector planners should move away from IPP-driven exclusively large-scale project approaches that are top-down, opaque and, increasingly outdated. Though economies of scale and stable power requirements demand that there will always be large-scale power suppliers, there is also a need to recognise the developing niches for smaller decentralised power providers and the ways in which they can help improve the overall grid.
Second, planners should give consumers a larger stake in the sector and encourage them to finance and produce their own energy. Large consumers using decentralised solar, geothermal and storage should be incentivised to supply their own power and to sell their excess power to the grid. Since such large consumers make up the bulk of Kenya Power’s demand, their decisions will increasingly affect the prices and power generation choices of millions of smaller commercial and household consumers.
Thirdly, by opening up the sector, and setting targets for smaller-scale decentralised and embedded solar, wind, biogas, geothermal and storage, planners will create jobs for the financiers, developers, manufacturers and installers of these technologies. In developed economies, decentralised solar players create far more jobs than large-scale power projects, jobs that are high quality and available for local small and medium enterprise players. Given the right policy environment, the Kenyan private sector is well-equipped to move into this space and to develop new efficient business models.
Fourth, the power sector should focus on its core business: efficiently distributing and transmitting power. Many recognise that unless considerable improvements are made in the country’s distribution and transmission infrastructure, generation capacity will be added in vain. Kenya Power – and the central investments in its infrastructure – need to be targeted at poorly performing parts of the distribution and transmission system. By allowing decentralised producers to add needed capacity, the power sector can simultaneously refocus its investments on Transmission and distribution improvements and reduce the need for expensive upgrades to sites where energy is self-produced.
Finally, Kenya should seek to be the hub for international electrification connections between Ethiopia, Uganda, Tanzania and SADC markets. By building up the transmission connections between these countries, it will increase local electricity supplies, lower prices and increase income opportunities from the wheeling of electricity between countries. Lower priced electricity, especially from Ethiopia, will force down prices and enable local industry, and eventually stimulate the inevitable transition to electric transport.
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Equality, Family and Unpaid Domestic Work: Kenyan High Court Ruling
The judgment of the Kenyan High Court joins a global constitutional conversation of how institutional inequalities within the family may be judicially redressed.
In an interesting judgment delivered earlier this month, the High Court of Kenya at Nakuru held that the housework and care-work performed by a female spouse (the plaintiff) entitled her to an equal share of the matrimonial property at the time of the dissolution of marriage. The facts of MW v AN were that the parties were married in 1990, separated in 2003, and divorced in 2011. The dispute centred on the fate of a house constructed at Nakuru. While the house was registered in the name of the male spouse (the defendant), the plaintiff argued that she had taken out extensive loans to finance the purchase of the land and the construction of the house. Moreover, despite having a job herself, she had been the sole caregiver in the family. The defendant, for his part, argued that not only had he bought the plot on his own, but had also been providing financial contributions towards the upkeep of his wife.
The High Court of Kenya at Nakuru held that the housework and care-work performed by a female spouse (the plaintiff) entitled her to an equal share of the matrimonial property at the time of the dissolution of marriage.
Justice Mumbua Matheka observed that Section 6(7) of the Matrimonial Property Act of 2013, matrimonial property “vests in the spouses according to the contribution of either spouse towards its question, and shall be divided between the spouses if they divorce or their marriage is otherwise dissolved.” In Echaria v Echaria, it had been held by the Court of Appeal that where there was a “substantial but unascertainable contribution” by both parties, a default rule of equal division would apply. The question, of course, turned upon the meaning of the word “contribution”.
In this context, Justice Matheka observed that “contribution” would have to include not only tangible financial contribution, but also the “unseen” contribution of housework and care-work. In paragraph 38, she observed:
This other part of mothering, housekeeping and taking care of the family is more often than not not given any value when it comes to sharing matrimonial property. It is easy for the spouse working away from home and sending money to lay claim to the whole property purchased and developed with that money by the spouse staying at home and taking care of the children and the family. That spouse will be heard to say that the other one was not employed so they contributed nothing. That can no longer be a tenable argument as it is a fact that stay at home parents and in particular women because of our cultural connotations do much more work (house wives) due to the nature of the job . . . hence for a woman in employment who has to balance child bearing and rearing this contribution must be considered. How do we put monetary value to that process where a woman bears the pregnancy, gives birth, and takes care of the babies and where after divorce or separation she takes care of the children single handedly without any help from the father of the children. . . . Should this court take this into consideration when distributing matrimonial property where the husband as in this case is left in the matrimonial home where the wife rents a house to provide shelter for herself and the children? I think it should count, especially where the husband has not supported the raising of the children, has not borne his share of parental responsibility.
Furthermore, this would have to be determined by evidence:
It is time that parties took time to give evidence, sufficient enough to support the value to be placed on the less obvious contribution. It is unfair and unjust for one party to be busy just making their money (the ‘seen’ income) while the other is doing two or three other jobs in the family whose income is ‘unseen’ and then claim this other one did nothing. This attitude is so entrenched we still hear women especially who are housewives say: sifanyi kazi (literally I do not do any work) simply because they do not leave the home to go earn money elsewhere.
Consequently, Justice Matheka held that notwithstanding the fact that the matrimonial property was registered in the name of the husband, the maximum “equality is equity” would apply, and that consequently “the property be valued, sold and each party have 1⁄2 share of the proceeds of the sale.”
Justice Matheka’s judgement is important because of the explicit recognition it gives to “unseen” and unpaid housework, within the context of domestic relationships; as has been well established by now, across the world and across societies, within the institution of the family, the burden of such work is gendered in nature (see, e.g., The Second Shift) – and often, unseen and unpaid domestic work by the female spouse is what “frees up” the male spouse to enter the labour market and engage in the kind of financially remunerative work that, ultimately, results in (for example) matrimonial property being bought with “his” money, and therefore registered in his name. Thus, departures from traditional notions of property are essential in order to do justice in and within the institution of the family.
It is important to contextualise this judgment, both within the framework of Kenyan and comparative law. In Kenya, the default position used to be (as in many other countries) that only financial contributions were to be taken into account in calculating respective shares in the matrimonial property upon dissolution of marriage. Explicitly seeking to change this, the Kenyan Constitution of 2010 contained Article 45(3), which – borrowed from CEDAW – states that, “Parties to a marriage are entitled to equal rights at the time of marriage, during the marriage and at the dissolution of the marriage.” In her book, Equality in Kenya’s 2010 Constitution (2021), Dr Victoria Miyandazi notes that the intention behind Article 45 was, inter alia, to address “harmful practices such as . . . unequal claims to matrimonial property upon divorce.” In Agnes Nanjala Williams vs Jacob Petrus Nicholas Vandergoes, the Court of Appeal directly applied Article 45 between two private parties to mandate an equal division of assets between the spouses, even in the absence of a statutory framework (“horizontal application of rights”).
Justice Matheka’s judgement is important because of the explicit recognition it gives to “unseen” and unpaid housework.
This position, however, was arguably overruled by the Matrimonial Property Act of 2013, which required judges to take into account the relative contributions of the spouses (as indicated above), but also explicitly specified that the word “contributions” included “domestic work, childcare, and companionship.” The Matrimonial Property Act was challenged by the Federation of Woman Lawyers on the basis that the displacement of the 50 per cent rule in favour of “non-monetary contributions” would restore the gendered inequality within marriage, based on the difficulty of calculating non-monetary contributions. This challenge, however, was rejected by the court.
In that context, the judgment in MW v AN is important, as it essentially restores the position of the default equality rule where there is evidence of “non-monetary contribution”, and allays fears that judiciaries that might not have entirely broken out of patriarchal norms will use the vagueness of the statutory clause to devalue housework or care-work.
Furthermore, this is a position that has been advanced by progressive courts across the world. Perhaps the most outstanding example is New Zealand, where the Property Relations Act of 1976 established a presumption of equal sharing at the time of dissolution, and specifically provided that financial contribution was not to be treated as weightier than non-financial contribution. In numerous judgments interpreting the Property Relations Act, the New Zealand courts have interpreted it with a view towards fulfilling the statutory purpose of achieving the “equal status of women in society”, holding, for example, that wherever the provisions of the Act were ambiguous, the default presumption would be in favour of the property being matrimonial/joint (and therefore, subject to equal division).
The judgment in MW v AN is important, as it essentially restores the position of the default equality rule where there is evidence of “non-monetary contribution”.
Indeed, Justice Matheka’s language is also remarkably similar to a 1992 judgment of the Colombian Constitutional Court. In Sentencia No. T-494/1992, the Constitutional Court was considering the eviction of a widow from the matrimonial home; the widow’s non-monetary contributions had not been taken into account in determining whether or not she had a legal interest in the home. The Constitutional Court noted that such a position would have the effect of “invisiblising” domestic work, and deepening inequalities within social relations. The court went on to question the “artificial” distinction between “productive” and “non-productive work”, and noted that refusal to factor in unpaid domestic work would violate the Colombian Constitution’s guarantee of equality and non-discrimination.
The judgment of the Kenyan High Court, thus, joins a global constitutional conversation of how institutional inequalities within the family may be judicially redressed; and it also, I submit, advances the goals of Article 45(3) – itself a fascinating constitutional provision. For these reasons, it deserves careful study by students of comparative constitutional law.
The False Narratives That Stand in the Way of Our Future
Science vs the arts is a false dichotomy. We must intertwine our artistic skills with our scientific insights to invent our future.
Over the last few years, I have come to understand at least three narratives that some Kenyans use to wish away the contradictions of the Kenyan state. No matter how much such Kenyans are presented with evidence of changing times or with history that gives a different perspective, they will repeat these narratives louder to drown out the other voices.
Behind all these narratives lies an effort to wish away the fragmentation of the people by the Kenyan state. But, more than that, these narratives are protected by the curriculum of the public schools which does not allow the teaching of the arts, and particularly the teaching of history. Kenyans are thus denied the opportunity to develop their intellectual capacity to understand not just the limitations of the Kenya state, but to understand the reality of the world in the 21st century.
These narratives are: Social issues such as crime, truancy and drug abuse afflict young men due to the neglect of the “boy child” (by whom, it is never clear), which in turn is due to advocacy for girls by Western feminists; Tanzania is communist and Kenya is capitalist; more Kenyan students need to study the sciences because that’s what the job market needs.
The boy child
Kenyans use the narrative of the neglect of the boy child to deflect questions that affect mostly poor young men, such as police brutality against men, the flawed masculinity promoted by the Kenyan male elite, and the culture of rape that is not only sexual but also financial, intellectual and environmental. By avoiding such analysis, we evade acknowledging that although Kenyan men dominate property ownership and positions of power, those men belong to a socio-economic minority.
Not dealing with the interaction between gender and class allows us to cling to the hope that manhood can be a ticket for all Kenyan men to gain same access to the wealth and power enjoyed by the ruling class. The reality is, though, that this model of the state cannot accommodate more than a minority with that much wealth and power. But rather than dismantle this exploitation, Kenyans would rather blame girls. Imagine that. We adults are blaming children for our failure to establish an equitable society.
This distraction of Kenyans from the inequality of the state is further integrated with race through Kenyans’ focus on Western feminism. Ironically though, the goal of Western feminism is exactly that: to silence questions about the Eurocentric global system and instead simply negotiate white women’s place in it. And this argument has been made for decades by scholars like Micere Mugo, Oyeronke Oyewumi, Ifi Amadiume and Amina Mama, while men such as Ousmane Sembene and Thomas Sankara have tied women’s freedom to African freedom as a whole. However, Kenyan education is grossly Eurocentric. Many graduate students have never heard of these names, and what many Kenyans know of feminism is what they read from white American evangelicals, whose thoughts are shared every Sunday on many Kenyan pulpits.
The narrative of communist Tanzania vs. capitalist Kenya is equally twisted, especially when one remembers that the Berlin Wall fell twenty-seven years ago and the Soviet Union collapsed twenty-five years ago. However, holding onto this myth serves a purpose: it helps us avoid asking questions about our country’s internal exploitation and poor foreign policy choices. The narrative also comforts a certain superiority complex that is rooted in eurocentrism. We think we’re better than Tanzanians because we’re richer. However, we forget that the “we” who are richer are a minority of Kenyans, all thanks to tribalism, which enables us to “share” in the wealth of the privileged few in our respective ethnic groups. In tribalist thinking, kumeza mate ndiko kula nyama, to swallow saliva is to eat meat.
We can also avoid the reality that Tanzania may have a point in questioning the Economic Partnership Agreement (EPA) that Kenya has enthusiastically signed with the European Union. Already, there are credible voices, like former president Benjamin Mkapa and scholar Horace Campbell, indicating that the EPA will benefit only the flower industry (whose members include colonial settlers), and will take the rest of Kenya to the cleaners. But instead of us asking whether our own government signed the EPA agreement in the interests of the Kenyan people, it is easier to dismiss Tanzania as “communist” and “cold” towards Kenya.
We have also not come to terms with the history of Kenya’s anti-African foreign policy choices since independence. In word, Kenya publicly declared opposition to apartheid, but in deed, Kenya did not support the ANC and was, in fact, trading with apartheid South Africa. Tanzania, on the other hand, was a base for the ANC. A similar thing happened with the genocide against the Tutsi in Rwanda. As Tanzania welcomed Rwandan refugees, Kenya was home to the rich génocidaires (President Juvenal Habyarimana’s wife was one of those who fled to Europe through Kenya). At the height of the killings, Kenya sent a planeload of Tutsi refugees back to Rwanda. What happened to those refugees is anyone’s guess.
Education: Science vs. arts
In the war against the arts, the narrative of science vs. the arts deflects responsibility for a crawling economy from the leaders to the people. If graduates are jobless, the narrative implies, it is because the graduates are studying the wrong subjects in school, not because the greed and stupidity of the Kenyan ruling class has been an obstacle to the economy expanding to accommodate all talents and professions. That is why the truth that medical and engineering graduates are not getting employed, and the few who do find work are not getting paid, has not yet entrenched itself in public conversations about careers in the sciences.
The problem is that this narrative against arts education is stuck in the industrial era (yes, the 19th century in the West, not Africa), where the governments and industries expected mass education to produce workers for factories. The world has since moved on to the information age, where the automation of knowledge by computers means that “progress” is determined by access to information. And experts are now talking of a conceptual age where what counts is not only information, but also the ability to use it creatively, otherwise called innovation.
In the war against the arts, the narrative of science vs. the arts deflects responsibility for a crawling economy from the leaders to the people.
The division between arts and sciences is traumatizing, even to the individual learner. I remember our frustration as form five students being forced to choose between sciences and arts. A number of us actually loved mathematics and scored distinctions in O levels, but we were told that if we did mathematics we had to do biology, chemistry or physics, in which we were not interested. Can you imagine what innovations would have come out of my generation had we been allowed to do both arts and science, even at university?
What this means is that the whole science vs. arts narrative is literally useless. And yet, the Jubilee government has entrenched this schism, with the Education Cabinet Secretary and his boss, the Deputy President, attacking arts programmes as irrelevant to the country’s needs. As if that is not bad enough, the proposed new curriculum talks of separating schools into “talent” and “technical” schools.
This country does not need to widen this schism in knowledge but to narrow it, so that our youth learn to combine data and information with creativity, and in so doing, craft solutions at both the macro and micro level. Kenyan students should be able to do mathematics and linguistics, or music and physics, agriculture and fine art, or history of the sciences, if they so wish. But instead of bridging this gap, the government is stuck in the 60s, when it saw science and arts as opposite poles.
Worse, the government is basing this division on the equally archaic idea of the job market that belongs to the days of independence. In those days, the government was so desperate for Africans to fill the posts left behind by colonialists that people were guaranteed jobs even after primary school, and they would rise up the ranks in those careers and then retire. But that era no longer exists. These days, a growing proportion of people are in careers different from the ones for which they were trained, and are likely to have changed jobs at least four times before they retire. The job market is no longer the same. What we need is a critical and creative reflection on what these changing times mean for education.
Dealing with our contradictions
We Kenyans need to stop hiding behind dated narratives of colonial tribalism and the Cold War and develop the guts to confront the good, the bad and the ugly of our history and our national consciousness. We must not shy away from asking ourselves difficult questions about what colonialism actually did to us, how that colonialism is deeply embedded in the current political culture, and how that exploitation is masculinized and transmitted through the education system. We can get the facts about our oppression from science and the social sciences. But we can only face the accompanying dread and implications for social change through the arts.
Experts are now talking of a conceptual age where what counts is not only information, but also the ability to use it creatively, otherwise called innovation.
We also must realize that the reason successive Kenya governments have deliberately discouraged us from learning the arts, and particularly the history of Kenya and of the African continent, is not because they are concerned with development needs. The political class does not want us to understand the reality that we the people are slaving away to enrich a minority.
The schisms that divide Kenyans from each other along ethnicity and gender, or separate Kenyans from their neighbours, or delude us that our professions have no link to our talents, all serve to prevent us from making connections across time, space and cultures. We understand our realities only with a healthy dose of the arts, and we can only craft solutions by weaving our creativity with the tools of science and all the knowledge available to humankind.
We must therefore reject these narratives that fragment the Kenyan psyche along gender, ethnicity, religious and professional lines. Let us choose to uproot patriarchy, misogyny and religious bigotry, to understand our continental history, and to intertwine our artistic skills with our scientific insights. Only then can we, as Thomas Sankara said, dare to invent the future.
I Write What I Like: Steve Biko’s Legacy of Black Consciousness and Anti-Capitalism Revisited
Continuing our look at the life of Steve Biko, Heike Becker writes about two extraordinary events.
In 2015 students at South African universities rose up in a mass revolt. Young women and men born after the end of apartheid in 1994 demanded free education; they forcefully insisted that tuition fees be scrapped, and also that the contents, methodologies and academic teachers reflect the post-apartheid ‘free’ South Africa.
In the new student movements the legacy of Steve Biko, who was murdered by the apartheid regime on 12 September 1977 became important again. Young students regarded Biko’s call to autonomous Black action as still relevant for contemporary South Africa. Black Consciousness philosophy gained significance again when students insisted upon the reform of curricula, which they said conveyed racist and colonialist forms of knowledge and ignored, even scorned African intellectual experience. Calls on black people to first free their own minds, become conscious of their own, and each other’s conditions and work together to change the material conditions of black students have been the guiding principles of the new South African student movements as they were for the generation of the 1970s.
A brush with the police: Biko’s early politicisation
Stephen Bantu (Steve) Biko was born in what is today the Eastern Cape province of South Africa on 18 December 1946. His father worked as a policeman, and later as a clerk in the King William’s Town Native Affairs office. He was also enrolled for legal studies at the University of South Africa (UNISA), the distance-learning university. Steve’s father died suddenly in 1950, when Steve was four years old. His mother subsequently raised the children on her own, working as a cook at a local hospital.
In 1962 Steve started his senior secondary schooling at the famous mission educational insitutiton in the Eastern Cape, Lovedale college, where his elder brother Khaya was already a student. Khaya, who was politically active with the Pan Africanist Congress (PAC), became a major influence on Steve’s introduction to resistance and liberation politics. A few months into Steve’s studies at Lovedale the Biko brothers were taken into custody by the police. Khaya, who was suspected of being involved with Poqo, the armed wing of the PAC, was charged and sentenced to two years imprisonment, with 15 months suspended. Steve was interrogated by the police and though released he was subsequently expelled from the school after only attending it for three months.
Though he was forced to return home he continued going to classes at Lovedale, where he became friends with Barney Pityana, at the time a student at the school. This friendship became significant in the formation of the Black Consciousness movement, and especially the South African Student Organisation (SASO).
Black Consciousness ideology and the formation of SASO
SASO arose out of profound revolts against apartheid and institutional racism, which spread across South African universities from the mid-1960s. In 1968 at Fort Hare, a fairly independent black institution for higher education, students boycotted the installation of the new rector Johannes Marthinus de Wet, a member of the Afrikaner broederbond (a secret society of male white nationalists). Later in the year the university was closed and 23 students, among them Barney Pityana were not allowed to come back. Significantly, a new organisation of student protest arose in the very last days of 1968 when SASO was founded during a meeting, exclusively attended by black students. This event took place at Mariannhill, a Catholic mission west of Durban, and the site of St. Francis College, a coeducational independent secondary school, which was the alma mater of Biko, from which he had matriculated with very good grades in 1965 and subsequently taken up studies at the ‘non-European’ medical school of the University of Natal. Biko became the new organisation’s first President when SASO was officially inaugurated at the Turfloop campus of the University of the North (UNIN) in July of the following year.
The developments that led to the formation of SASO need to be understood in the politics of South Africa’s 1968 moment, a reinvention of the politics of protest. The late 1960s and early 1970s saw the emergence of new repertoires of resistance in student protests. Yet SASO’s formation was also due to the complex relations of black students with the country’s long-existing national student organisation NUSAS (National Union of South African Students). NUSAS, which had been founded in 1924, was open to students of all races.
At the ‘black’ universities which had been established as apartheid institutions in the early 1960s small numbers of students joined NUSAS, and at some institutions battles took place for permission to form autonomous Student Representative Councils (SRC) and to affiliate to NUSAS. Yet there also was frustration about racist tendencies within the student association. At issue was that NUSAS despite its multiracial membership was essentially dominated and controlled by white students.
In 1968 Biko and others thus formed SASO, which for political reasons offered membership to students of all ‘black’ sections of the population, which included those assigned to the apartheid categories of ‘African’, ‘Coloured’ and ‘Indian’. In 1971 the SASO Policy Manifesto set out the Black Consciousness doctrine.
On the organisational level, the SASO activists held that to avoid domination by white ‘liberals’ black people had to organise independently. In 1970 Biko wrote in the SASO Newsletter, suggestively signing as ‘Frank Talk’:
The role of the white liberal in the black man’s history in South Africa is a curious one. Very few black organisations were not under white direction. True to their image, the white liberals always knew what was good for the blacks and told them so…
Nowhere is the arrogance of the liberal ideology demonstrated so well as in their insistence that the problems of the country can only be solved by a bilateral approach involving both black and white. This has, by and large, come to be taken in all seriousness as the modus operandi in South Africa by all those who claim they would like a change in the status quo. Hence the multiracial political organisations and parties and the ‘nonracial’ student organisations, all of which insist on integration not only as an end goal but also as a means.
Black Consciousness as SASO’s official ideology was profoundly influenced by the SASO leadership’s reading of Frantz Fanon, particularly the militant philosopher’s Black Skin, White Masks and the African-American Black Power movement. In the early years the focus was on the psychological empowerment of black people; they believed that black people needed to rid themselves of any sense of racial inferiority, an idea they expressed by popularizing the slogan ‘black is beautiful’. As early as 1971, the SASO leadership discussed proposals to cast off the students-only attitude, including the formation of a Black Workers’ Council (later renamed the Black Workers Project) and launched the Black People’s Convention (BPC), a new political movement that would soon run alongside SASO. Practically the activists organised Black Community Programmes (BCPs).
In the early years of its existence, the all-black SASO was allowed space to grow at the black universities, in part because the government regarded the separate black student association and its emphasis on largely psychological-oriented black consciousness as quite compatible with the apartheid ideology. They were to learn soon that SASO, and more generally the ‘black conscious movement’ that Biko promoted, posed a major threat to the regime. But by the time that SASO began to be more active in political campaigns, from about 1972 onwards, the organisation had established already firm structural roots, which made it difficult for the government to entirely suppress it.
An early example of the dialectics of repression and radicalised politicization included the 1972 student protests at ‘Turfloop’ after the Student Representative Council (SRC) President, Onkgopotse Tiro, was expelled after speaking out against Bantu education during a graduation ceremony at the university. 1974 became a crucial year. In January SASO officially condemned the presence of the Apartheid forces in Namibia; the organisation also reaffirmed the non-collaboration stance of the Black Consciousness Movement and condemned the Bantustan leaders. In September of the same year a rally celebrated the ascension of FRELIMO (the Mozambican liberation movement under the leadership of Samora Machel) into power in Mozambique was held despite the refusal to grant permission for the action.
Repression followed suit. Eighty SASO and BPC leaders were detained without trial for their support of the pro-FRELIMO rally and during the following year tried at the Supreme Court in Pretoria, eventually in 1976 they were sentenced and incarcerated on Robben Island. In 1974 SASO was listed as one of the affected organisation under the Affected Organisation Act of 1974. This prohibited it from receiving foreign funding to pursue its objectives. In July 1975 SASO held its annual conference under very difficult conditions. Only one member of the executive committee could attend the meeting. The rest of the executive members were either banned or had been arrested. Finally in October 1977, SASO and other Black Consciousness organisations were banned under the Internal Security Act. The most brutal example of repression of course was the murder of Steve Biko while in detention in September 1977.
The ‘Durban Moment’
As South African student politics radicalised, the protests initially confined to university politics grew beyond campus concerns; they became instrumental in laying the grounds for the new black trade unions that emerged in the 1970s. In some instances, black and white students, and a few younger, radical academics, worked together in these new-left politics. Radical academics were involved particularly in the efforts around strikes and black labour unions. The connection between students, radical academics, workers and other marginalised social groups becomes brilliantly apparent in the ‘Durban moment’, probably the most significant political development ensuing from South Africa’s 1968. The ‘Durban moment’ is often regarded as the beginning of the new wave of resistance that led to the Soweto uprising, the massive uprisings of the 1980s and eventually the demise of the regime.
Early 1973 saw a massive strike wave in the port town of Durban. By the end of March 1973, almost 100,000, mainly African workers, approximately half of the entire African workers employed in Durban, had come out on strike. Through songs and marches, workers made their demands heard – the first public mass action since the political activism of the 1950s. This was political action, and also more immediately a labour revolt; workers exercised the power of factory-based mass action.
What looked like spontaneous strikes, originated in a complex mix: low wages, the humiliation of pass laws and racism, the hardship of migrant labour, forced removals, and significantly the denial of black workers’ right to organize. The strikes signalled the growth of militant non-racial trade unionism, and in a wider sense a revived spirit of rebellion in the country.
There were links between the eruption of workers’ action and the underground liberation movements; the resurgence of Marxist thinking among a new generation came into play. There was however also, though this has sometimes been denied, decisive influence of the recently emerged Black Consciousness movements’ ideas. Of special importance was the links between activist intellectuals, who in different ways embodied South Africa’s 1968 moment, thinking in new ideological perspectives, and having tried out new methods of activism. Most significant here was the special political alliance, intellectual and personal friendship between Steve Biko and Richard (‘Rick’) Turner, a lecturer in political philosophy at the University of Natal, who held a doctorate on the political works of Jean-Paul Sartre, which he had completed at the Sorbonne in Paris. In the early 1970s Turner was a researcher into labour issues, and a community and labour organiser in Durban, deeply influenced by the French Left, including Althusserian readings of Marxism.
Turner’s and Biko’s philosophical and political ideas significantly shaped the massive strikes in Durban in the early 1970s and continued to impact on the resistance movement against apartheid in different ways throughout the 1980s. Biko’s radical emancipatory Black Consciousness ideology in conversation with Turner’s anti-capitalist notion of ‘participatory democracy’ provided a brief glimpse into the possibilities of another South Africa.
The murder of Biko while in police detention in September 1977, and the assassination of Turner a few months later, in January 1978 at his home in Durban were devastating for their families, friends and comrades. They were shattering too for the country’s politics of resistance, closing off new non-authoritarian radical forms of resistance. Biko’s (and Turner’s) imaginative power and creativity, and their reflection on alternatives to apartheid beyond the management of the state by the liberation movement in power remains a tremendous inspiration.
This article was first published in the Review of African political Economy (ROAPE).
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