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Hard Labour: The Surrogacy Industry in Kenya – Part I

17 min read.

Commercial surrogacy agencies market Kenya as a safe, affordable and welcoming surrogacy destination to desperate and guileless foreign couples via dozens of websites. They mostly operate legally under Kenyan laws. Some operate quietly out of private houses in the Nairobi suburbs. In one case, the actual ownership trail disappears into the secretive and anonymous offshore world via the UK and the obscure Marshall Islands.

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Hard Labour: The Surrogacy Industry in Kenya
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Introduction

An investigation has raised serious concerns that vulnerable women and babies may have been exploited by commercial agencies which market Kenya to foreigners as a highly affordable destination for surrogacy.

Surrogate Monica was hired to deliver a baby for a commissioning parent who later changed their mind. Forced into a late term abortion, for which she says she was never fully compensated, she wakes up from a recurring nightmare that the dead baby is lying on her bed.

Monica is one of scores of poor Kenyan women who have turned to commercial surrogacy to lift their lives out of poverty.

Commercial surrogacy is when an individual or a couple who are unable to conceive their own children hire a woman and pay her to carry and deliver a child for them (see sidebar below).

The demand for their services in Kenya is driven mainly by foreigners — many of them either gay or lesbian couples — who are attracted to the country due to its affordability.

Commissioning parents can commission a child from a Kenyan surrogate at quarter of the cost in some Western countries.

But unlike other countries where the surrogacy laws are clear and dutifully followed, the industry in Kenya operates in a legal and regulatory void.

Kenyan legislators have for years failed to pass a law that would protect surrogate babies as well as the mothers commissioned to carry them.

Ironically, some surrogacy agencies advertise Kenya as an open and tolerant country, whereas the reality is that homosexuality is illegal.

The law also expressly forbids gay or unmarried couples from adopting children.

In September 2019, the government also banned the adoption of children by foreign nationals.

The allegations by surrogates include:

  • coercion, exploitation and intimidation of surrogates;
  • apparent human trafficking of surrogate mothers and children;
  • forced abortions; and
  • identity forgery and fraud.

This is allegedly happening in the shadows while lawmakers dither over passing a number of bills currently tabled before both the National Assembly and the Senate.

More than a third of Kenya’s population is classified as poor, according to a report by the National Bureau of Statistics (KNBS) in 2020.

With a lack of clear regulations and laws in this area, Kenya provides a perfect environment for such businesses to flourish.

Commercial surrogacy agencies market Kenya as a safe, affordable and welcoming surrogacy destination to desperate and guileless foreign couples via dozens of websites.

They mostly operate legally under Kenyan laws.

Some operate quietly out of private houses in the Nairobi suburbs.

In one case, the actual ownership trail disappears into the secretive and anonymous offshore world via the UK and the obscure Marshall Islands.

Before moving to Kenya, one of the other main players shifted his business from country to country in Asia.

The agencies hire local fixers, some without medical backgrounds.

These fixers can obtain identity documents, court orders and free passage through immigration with remarkable ease.

Some international agencies are now warning their clients against using Kenya as a surrogacy destination. They despair about what they claim are fly-by-night operators who give the wider industry a bad name.

To crack open this secretive and fear-filled world, reporter Naipanoi Lepapa spent months posing as a commissioning parent and later as a candidate surrogate.

She then broke her cover to interview five surrogate mothers, who shared their stories — and that of a wider circle of surrogates — on condition of anonymity. Their reluctance to be identified stems in part from the social stigma that exists around surrogacy; but mainly, these women are vulnerable and scared.

This reporter faced threats of legal proceedings and an attempted arrest after confronting one of the agencies about the allegations against them.

This is also a story about how a national failure to confront the complexities of sexual reproduction has created these issues.

Only a comprehensive law can address the legal and ethical issues around commercial surrogacy. It would define the kind of surrogacy to be practiced in Kenya, set standards for all parties, and provide a regulatory framework.

Two bills — one before the National Assembly, one in the Senate — promise to accomplish all this, but they have stalled in the face of concerted opposition.

The bills would provide an overarching legal framework to govern safe access to a wide range of reproductive services for women such as family planning, pregnancy terminations, adolescent reproductive health and assisted reproduction — including surrogacy.

The Senate bill has stirred strong debate particularly on issues on abortion and teenage access to family planning methods. Its critics wants it voted down, saying it promotes underage sex and abortion. Others claim surrogacy is an unnatural process and would allow same-sex couples to have children.

Its supporters say it would make surrogacy legal for the first time in Kenya thereby protecting surrogate children, mothers and parents from exploitation.

If passed, it would make Kenya only the second country in Africa to legally recognise surrogacy, after South Africa.

A reproductive practice where an individual or couple who are unable to conceive their own children contract a woman and pay her to carry and deliver a child for them.

There are two ways this can happen:

  1. In gestational surrogacy, the couple’s sperm and eggs or donor eggs are fertilised in the lab to make an embryo that is then implanted in the surrogate’s womb — a process known as in vitro fertilization (IVF).
  2. In partial or traditional surrogacy, the surrogate uses her own eggs and becomes pregnant through artificial insemination often using the commissioning father’s sperm.

The alternative to commercial surrogacy is altruistic surrogacy, in which a surrogate agrees to carry a child for free.

A couple that enters a commercial surrogacy arrangement with a surrogate who they pay to carry and deliver their child. A surrogacy agency typically acts as a go-between for the commissioning parent and the surrogate.

Kenya does not currently have any legal framework which either permits or bans surrogacy.

A patchwork of laws make it possible (but not straightforward) for married heterosexual couples to either adopt, or get custody of, a surrogate baby through the courts.

The law outright forbids adoption by sole applicants or unmarried couples, as well as by “homosexuals” and “sole foreign males” — although this appears to be a major target market for surrogacy agencies who offer Kenya as a surrogacy destination.

Custody is a quicker, simpler route through the courts, provided the surrogate gives her consent.

Some surrogacy agencies short-circuit the process entirely by arranging for the commissioning parents’ names to be entered straight into the surrogate baby’s birth records when they are born.

This method is thought to be illegal, as it not only risks children being trafficked but also denies the surrogates their legal rights as the birth mothers.

A number of mostly foreign-owned agencies market surrogacy services in Kenya, but there are no official estimates of how many IVF and surrogacy agencies exist in the country.

The Ministry of Health was unable to provide any data on the numbers of foreigners coming to Kenya for surrogacy, women working as surrogates, or children born out of these arrangements. Officially, the ministry says they don’t have data because there is no law in this area.

Globally, commercial surrogacy is big business with revenues expected to exceed $27.5 billion in the next five years, according to a market research report from 2019.

Kenya is a relatively new and niche surrogacy market, and is likely to be a tiny player. Its principal attraction as a commercial surrogacy destination appears to be because it is cheap and English-speaking.

A typical package costs commissioning parents Sh3-4 million ($30,000-$35,000) – which is around one-quarter of what it would cost in the USA, for example.

The cost of surrogacy in Kenya makes it competitive with countries in eastern Europe, like Georgia and the Ukraine.

Meet the surrogates

Monica (not her real name), a single mother of two, earned Sh6,000 ($55) per month as a house help before being fired. Months after losing that job, and getting desperate, Monica was scrolling through Facebook when she thought she had found a life-changing opportunity. A Kenyan surrogate in Russia posted a WhatsApp link seeking surrogates.

Monica jumped on the opportunity and joined the WhatsApp group, where she met Josephat Kioko Jahjah, a former taxi driver and tour guide turned surrogate recruiter for African Fertility Agency Limited.

Jahjah immediately sent her the transport fare to meet him at a hotel in downtown Nairobi the following day. Monica remembers it was the first day of the month and, coincidentally, the first day of her period. In the brief meeting, Jahjah, a tallish middle-aged man who at first acted charmingly told her said he would pay her Sh630,000 ($5,700) for the entire process, comprising a monthly stipend of Sh20,000 ($180) and Sh450,000 ($4,100) after delivery.

After the brief meeting, Jahjah instructed her to meet him at Fertility Point, a IVF clinic located in the Upper Hill suburb of Nairobi, a leafy area favoured by multinational companies and major banks, for medical tests the next day.

On the third day of the month, Monica met him at the fertility clinic where she was subjected to many tests, including for sexually transmitted diseases, hepatitis, and hormonal balance.

The doctor in charge immediately put her under hormonal medication to help prepare her uterus for pregnancy.

Just two weeks later, with her verbal consent, but without her signing any contract, an embryo was implanted in her womb at the facility and afterwards she relocated to a private hostel in Buruburu, a middle-class residential area of Nairobi.

The hostel is one of several run by African Fertility Agency, where surrogates remained for the whole nine months.

“From this point on, Jahjah dictated every part of my life. What I ate, where I travelled, and when,” Monica said.

Six months later, Jahjah took Monica to Nyayo House, the government’s immigration centre in Nairobi, to get a passport. She would need to make a journey to a foreign country where the commissioning parent of the baby inside her lived.

Monica had never been out of Kenya before. Jahjah told her to pay Sh3,000 ($27) and three days later, Monica’s first passport arrived. A few days later, she boarded the flight.

Upon arrival, Monica was put up at a hotel where she lived for a further two months. The commissioning parent lived a five-hour drive away. Sometimes he visited to check up on her but mostly they communicated via WhatsApp.

In the eighth month of her pregnancy, Monica got a call from the parent, instructing her to pack her bags. He said he’d pick her up in a few hours’ time, and gave her the impression that he was taking her to live with his parents where she would be better cared for.

When he arrived, he tearfully informed her that his parents were not in support of the arrangement and that he had changed his mind and didn’t want the baby.

He was accompanied by a friend, and they drove to another hotel where Monica was checked in. Over the next few hours, a doctor injected her with a drug that gave her severe contractions.

As her pain grew, the parent and his friend moved her to a clinic. It turned out that the friend owned this single-bed facility, and that it was a backstreet abortion clinic.

They injected her with more drugs and she laboured painfully for 12 hours.

“When the baby didn’t come out, this guy called his friend who was also a doctor and they transferred me to another hospital where they did a Caesarian-section surgery on me. They told me that the baby had already died.”

“All this was done without my consent,” Monica recalls, her face etched with anger and bitterness.

Five days after the abortion, during which Monica was not allowed to use her phone, she boarded a flight back to Kenya. “It’s a miracle I made it back home,” she said.

African Fertility Agency was unaware about these developments, Monica said, until she landed back in Nairobi.

Upon her return, Monica received another blow: the agency refused to pay her, she claimed.

Monica fell into depression and had nightmares of the aborted baby sleeping on her bed.

After she threatened to report the matter to the police, the agency’s co-owner Gaurav Wankhede paid her Sh400,000 ($3,600).

She used a chunk of this, around Sh30,000 ($270) to pay for therapy and medication for depression.

A sample surrogate contract obtained from the African Fertility Agency focuses mostly on the needs of the client, and if anything goes wrong the surrogate appears to be on their own.

For example, there is no next of kin in the contract or a contact in case of an emergency. A surrogate who miscarries before week 24 of pregnancy is not compensated and one who wants to abort must seek consent from the parent.

Monica is among the many poor women from Kenya who have turned to surrogacy to lift their lives out of poverty but who find themselves being exploited.

In some cases where women may have felt pressured to give birth abroad, experts believe that what happens to surrogates is tantamount to human trafficking.

Sophie Otiende, a highly respected anti-human trafficking campaigner, commented that Monica’s experience was also of concern. She said: “She appears not to have been told what would happen to her, or that she would have to leave the country.”

Trafficking in persons is a serious crime, carrying a minimum sentence of 30 years or Sh30 million ($271,000) fine, or both. Repeat offenders face life imprisonment.

All the allegations in this article were put to African Fertility Agency in writing, as well as to both co-owners individually. Wankhede didn’t respond. Jahjah denied the allegations saying they were “false and untrue”.

Vulnerable women

More than a third of Kenya’s population lives below the poverty line, according to the Comprehensive Poverty Report published by the Kenya National Bureau of Statistics (KNBS) last year.

The KNBS’s poverty line is set at Sh3,252 ($30) monthly income per adult in rural areas and Sh5,995 ($55) in urban areas.

Experts say that poor, illiterate and ignorant women are particularly at risk of exploitation because they are not aware of their rights and cannot negotiate for reasonable compensation.

While researching this article, this reporter met half a dozen women who have risked their bodies to gain some economic stability.

Ordinarily, they would earn meagre incomes as house helps, as assistants in shops and hair salons, or as menial workers.

Single women seem to be preferred by recruiters because, as one surrogate put it, “Single women have no support systems. A husband will question things, and they don’t seem to want that.”

All of them spoke on condition of anonymity, for multiple reasons including fear of reprisals, losing out on further surrogacy opportunities, and social stigma from their families and communities.

Many identifying details have been removed to protect the identities of those who have shared their stories.

Anne Ireri, executive director of the Kenya chapter of the International Federation of Women Lawyers (FIDA), said that there was a risk of the exploitation and abuse of surrogates because of a lack of regulation.

“Our organisation has heard reports of abuse, but the surrogacy industry is clouded in mystery and very few women are willing to come forward,” she said.

She added that FIDA is available to help surrogates who feel that they may have been exploited.

Dr Jane Wathuta, director of the Institute for Family Studies and Ethics at Strathmore University, said that agencies should at a minimum give surrogates detailed information about what the entire surrogacy process entails, before they consent to participate.

She also said that surrogates should receive ongoing counseling for lengthy periods before and after the procedure.

But all of the surrogates we interviewed claim none of this was offered. “You are not allowed to question. If you do, you’ll be reminded that you need them more than they need you,” said one surrogate.

Threatened and silenced

Magdalene (not her real name) acted as a surrogate twice, under New Life Kenya, an agency founded by a Georgian woman and ultimately owned in an offshore tax haven.

Both times she signed contracts, Magdalene says, but she claimed that her recruiter kept hold of them.

“They rush you into signing the contract before you read it, and they never give you a copy to keep or read later,” she says.

The single mother of one was in desperate need of money when she first signed up with the company’s recruiter and Kenya country manager, whom she met on Facebook.

As with surrogate Monica, Magdalene was immediately sent for tests and then put on hormone medication to prepare her womb for pregnancy.

The first time, her commissioning parents were a foreign couple living and working in Kenya. When they met, the couple revealed they would soon be moving back to their home country and wanted Magdalene to go with them to have the embryo implanted there.

“When I said I didn’t want to go, they threatened me with legal action saying I had signed a contract and they had already paid Sh80,000 ($700) for my tests.

Bobby Mkangi, a constitutional and human rights expert, said that Magdalene was given a wrong impression that her contract is the law, whereas her own legal rights superseded any contract.

Otiende, the human trafficking expert, observed that there seemed to be no way for her to opt out of the arrangement.

Two weeks later, on her way to the airport believing that she was headed to one country, Magdalene learned she was going to another.

She says she protested, but at this late stage there was nothing she could have done.

Magdalene lived overseas for the duration of her pregnancy. After she delivered, she flew back to Kenya where she said she was paid Sh400,000 ($3,668) — a welcome sum for a single mother, but still Sh200,000 ($1,834) short of the agreed Sh600,000 ($5,502) delivery fee.

“I was told the additional costs of sending me abroad were deducted from the final payment,” she said.

Magdalene added that New Life Kenya was meant to protect her but they didn’t, choosing to side with the parents at every turn. “When I called [the recruiter], she would dismiss me saying, ‘You complain a lot.’.”

“If a surrogate falls ill or even dies while pregnant, or during childbirth, nobody cares,” Magdalene said.

Although her second surrogacy was more straightforward — she delivered for Kenyan parents at a hospital in Nairobi, and was paid in full — she says she will never do it again: “Robbing a bank is easier than being a surrogate.”

All the allegations in this article were put to New Life Kenya in writing, as well as to the recruiter in her personal capacity.

New Life responded: “We always respect our surrogate mothers’ interests and always treat them in line with protecting all kinds of human rights.”

New Life’s recruiter said the specific allegations against her were “malicious” and threatened to sue this reporter in a personal capacity. Further detailed questions sent to her lawyer at her request went unanswered.

Surrogacy Costs

New Life Kenya shared the following cost breakdown with this reporter, who was posing as a potential client in mid-2019.

On signing:

  • $4,500 (Sh463,500 at the then- exchange rate) agency fee for sourcing surrogate mother;
  • $1,000 (Sh103,000) to prepare uterus for implantation;
  • $1,000 for surrogate hospital visits and tests before embryo transfer (IVF); and
  • $1500 (Sh154,500) for contract notarisation and surrogate background check.
  • $500 (Sh51,500) for surrogate pay after embryo transfer, and
  • $500 monthly pay for surrogate during the remainder of her pregnancy.

The IVF procedure was not included in the cost break-down, the agency said.

IVF can cost anything between $3,000-$5,000 (Sh310,000 and Sh515,000) in Kenya, according to experts.

In total, New Life Kenya said the surrogate’s compensation package would be $8,000 (Sh824,000) plus an extra $1,000 (Sh103,000) if she delivers twins.

“It is your responsibility [as an commissioning parent] to look after the pregnant surrogate mother during the pregnancy period and undertake all necessary expenses,” reads the email.

New Life no longer operates in Kenya.

Meet the agencies

The surrogacy agencies that managed Monica and Magdalene are both owned by foreign nationals with a long history in the surrogacy industry and both operating legally in Kenya.

Monica was recruited by African Fertility Agency Limited, an offshoot of an international surrogacy group called Become Parents which was founded in 2007 in Melbourne, Australia, by Gaurav Wankhede.

Wankhede, 46, is a jack-of-all-trades with a tendency towards grandiose self-promotion.

According to his LinkedIn profile, his remarkable career has zigzagged from being a restaurant manager in India to a procurement specialist for the Royal Australian Air Force “responsible for inventory optimisation for the entire $4.7 billion Australian defence supply chain”.

He then moved on to KPMG where he was a senior advisor in organisational change management, before becoming CEO of a fine dining establishment in Kolkata called OMG Hospitality.

In 2017, Wankhede co-founded an Indian professional wrestling franchise with a childhood friend.

Throughout these many career changes, the one constant on Wankhede’s CV has been his surrogacy agency Become Parents, which he calls “the world’s leading ethical surrogacy agency”.

After India banned surrogacy for foreign homosexual couples and single parents in 2013, Wankhede’s international business moved on — first to Thailand, where surrogacy was also soon banned, then to Nepal, Cambodia and, finally, Kenya.

Bill Houghton has known Wankhede for years, ever since Become Parents facilitated the birth of Houghton and his husband’s two children in 2012. For a while, they were business partners, first in India and then Thailand.

But then Houghton and Wankhede parted ways gradually. “Every time one country closed its borders to surrogacy, it seemed Become Parents opened its services in the next unregulated country. I think he would have done better to move instead to the next safer destination.”

Houghton said the unregulated Cambodian market in particular was dishonest and dangerous.

Commissioning parents operating in a legal vacuum were forced to navigate a maze of bureaucratic bribery in order to obtain the necessary documentation for their children. Some lawyers were found to be forging documents, and some agents were arrested, Houghton said.

There is no suggestion that Wankhede or his agency were involved in any illegal activities.

While Houghton says he remains grateful to Wankhede for helping him start a family, he parted ways in order to focus on his own agency, called Sensible Surrogacy.

Houghton worries that his old friend Wankhede may one day come unstuck operating in unregulated surrogacy markets, and points out that Kenya is similar in many ways to Cambodia.

Houghton has now taken to actively warning prospective parents that Kenya is an unsafe surrogacy destination.

“The lure of being able to have a baby ‘on the cheap’ is attracting desperate couples into what could be a dangerous situation.” Houghton said in a 2018 press release. “Many of our clients are LGBT [lesbian, gay, bisexual or trans-gender] couples, and Kenya is notoriously homophobic.”

Houghton said that surrogacy agencies in the US charge $120,000 (Sh12 million). Or they can deal directly with a surrogate and spend less than $70,000 (Sh7 million). Either way, they avoid the risky, unregulated and homophobic Kenya market, he said.

Wankhede shot back in a video posted to his website last year, saying Houghton was not speaking from experience because he had never been to Kenya.

Wankhede extolled Kenya’s virtues as a great tourism destination that is welcoming to same-sex couples. “The fear that people have about same sex couple in Kenya is wrong. It’s absolutely a myth,” he said.

He claimed his agency’s “best practices in the industry” help attract local and foreign clients, adding that foreigners like him are able to build their businesses around Kenya’s many IVF clinics and plentiful supply of skilled medical practitioners.

In the video Wankhede then introduces Jahjah, the former taxi driver, as the agency’s manager and caretaker.

Jahjah claimed none of the same sex couples he worked with had issues. As long as foreigners do not show affection in public, he advised, nobody cared about their sexual orientation.

Wankhede and Jahjah own 50 percent each of African Fertility Agency, which was registered in April 2019 according to ownership records from the business registry. Jahjah is also the firm’s director.

Wankhede has been operating in Kenya for longer, however, since at least 2017 when Become Parents launched a website for a business called Surrogacy Agency Kenya.

Wankhede did not respond to detailed questions, including about his run-ins with Houghton. Jahjah dismissed all the allegations against him as “false”, including a question about the agency’s apparently misleading marketing pitch about Kenya being open and welcoming to gay commissioning parents.

In another video posted to Become Parents YouTube channel in 2017, Wankhede introduced his operations manager in Kenya, a former teacher, who was also managing at least one other surrogacy firm in Kenya at the time.

This was New Life Kenya, the agency where surrogate Magdalene was recruited — the surrogate who felt unable to opt out of her contract and who ended up being sent to an unexpected country to give birth.

New Life Kenya is a branch of the New Life Global Network, founded by Dr Mariam Kukunashvili in Georgia in 2008.

Kukunashvili lives a jet-set lifestyle, with each glamorous destination documented on social media with herself at the centre of a seemingly inexhaustible series of fashion and modelling shoots.

New Life Global Network is actually a limited liability partnership (LLP) company, incorporated in the UK in 2010.

It is impossible to determine who ultimately owns the company, as its registered partners are not people, but a pair of companies based in the Marshall Islands, a secrecy jurisdiction and tax haven in the Pacific.

It is puzzling, though, that whereas New Life Global Network’s website and Facebook page says it has helped thousands of couples become parents through IVF and surrogacy, the UK-based parent company’s public disclosures bear little relation to this line of work.

Its principal business activity is described as “consultant for medical equipment and received commission”. Between 2017 and 2019, its corporate filings show an annual income of just a few thousand pounds in commission fees.

In 2015-2016, when the company’s principal business activity was listed as “medical consulting services”, its income comprised agent’s fees in the region of £120,000-£160,00 per year (Sh15-20 million at the then-exchange rate).

This amount is roughly equal to the cost of just a couple of commercial surrogacy packages offered in a Western country, like the US.

Although New Life was happy to answer questions about its Kenyan operations, it ignored all questions about its global ownership structure, principal business activity and income.

New Life said it had only ever referred four client couples to surrogates in Kenya, who delivered a total of six babies between 2016 and July 2019, after which they stopped offering surrogacy services in the country.

They said they closed because, “despite the fact that surrogacy is not banned in Kenya, we saw that the legal part of the procedures was not regulated quite well”.

Magdalene’s recruiter distanced herself from New Life Kenya saying she does not run any entity by that name. She said all her business operations are lawful, and referred further questions to her lawyer who declined to receive them by email.

In a brief WhatsApp exchange, the lawyer said: “Pay due to consideration to the laws of defamation, criminal libel and malicious falsehoods.”

Asked to explain why the New Life Kenya website — which features Magdalene’s recruiter as its country manager — was only taken down in late February after receiving our questions, the agency said it was an oversight by their technical team and should have been done earlier.

New Life said that, apart from the six surrogacy deliveries of which it was aware, it was “not responsible for any other actions taken by [the recruiter]”.

From interviews with surrogates, this reporter believes that there could have been up to nine deliveries in total involving Magdalene’s recruiter as agent — some of which may have been undertaken for other agencies including Wankhede’s Surrogacy Agency Kenya.

New Life confirmed that Magdalene’s recruiter had been their agent in Kenya between 2016 and 2019 because “she had the [data] base of surrogate mothers” in the country.

Most surrogacy agencies rely on a number of IVF fertility clinics dotted around Kenya.

One of the most popular being Mediheal Diagnostic and Fertility Center which is owned by Kenyan politician Swarup Ranjan Mishra. Mishra, the Jubilee Party’s MP for Kesses constituency in Uasin Gishu county, is also a trained gynaecologist and obstetrician.

According to a 2019 brochure on the Mediheal website, they say they have a “surrogacy program” which “accept(s) embryos from overseas for transfer into surrogates”.

The brochure also notes that “monetary compensation may or may not be involved in [surrogacy] arrangements” and that the Centre’s “success rate is among the highest in the region for both IVF and surrogate procedures”.

Other IVF clinics include Fertility Point and Wings in Nairobi, and the Mombasa Assistive Reproductive Centre, attached to the Mombasa Hospital.

Hospitals where surrogates have given birth include the Aga Khan University Hospital and the Nairobi Hospital, Nairobi West Hospital as well as smaller facilities such as Mater Misericordiae and Balozi hospitals.

There is no allegation of wrongdoing by any of these IVF clinics and hospitals.


This is an edited version of the original story published in May 2021.

In the next installment, we reveal the potential impact of unregulated surrogacy on commissioning parents PLUS an encounter with a surrogacy agent.

Additional reporting and story editing by Lionel Faull and Margot Gibbs, of Finance Uncovered. This article was developed with the support of the Money Trail Project (www.money-trail.org)

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Naipanoi Lepapa is a freelance investigative and feature journalist based in Nairobi Kenya. She is interested in under-reported stories and writes about gender, human rights, health and environmental stories. She also writes about culture and technology.

Long Reads

Pan-Africanism in the Age of Globalization: Capitalism and Poverty

This is the second of a two-part series that assesses the historical progress of the Pan-African movement and considers the global political economy, the relevance of Pan-Africanism in the 21st century and its potential to impact economic and political development within Africa and its diaspora.

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Pan-Africanism in the Age of Globalization: Capitalism and Poverty
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In Chinweizu’s “Africa and the Capitalist Countries” found in General History of Africa, Volume VIII: Africa since 1935, the author discusses various aspects and key points in history that have affected African states that pursued the capitalist road to development. The author explains that after WWII, the leaders of the anti-Axis alliance sought to prevent economic rivalries and hostile competition from capitalist countries, and thus a new economic arrangement was created tomanage peace”.

The arrangement,  the “Atlantic Charter”, was outlined by United States President Franklin Roosevelt and British Prime Minister Winston Churchill, and instituted multilateral organizations to maintain political, economic, and military control of designated regions of the world. The Charter led to the development of the Bretton Woods agreement of 1945, where several economic institutions were created such as the International Monetary Fund (IMF), the World Bank system, and the General Agreement on Tariffs and Trade (GATT) to manage international economic and political affairs, as well as the United Nations Organization and the North Atlantic Treaty Organization, which were established to manage world affairs and secure the collective defence of American and European powers, respectively. The European Economic Community (EEC) and the Organization for Economic Cooperation and Development (OECD) were later instituted to manage commerce, trade, and other economic areas of development.

The aforementioned organizations collectively made up the international structure of rules, laws, and regulations that oversaw the affairs of African states as they were co-opted into them. Moreover, the West was admittedly preoccupied with preventing the spread of Soviet influence in Africa, although such instances exist where African nations received Soviet assistance.

Chinweizu details how the West was determined to maintain its economic order and African dependence on Western powers and how, as a means of reassuring African leadership, it allowed economic development to experience forms of Africanization in order to accommodate Africans who desired political independence. This created a pattern where during the first 25 years of African political independence, any nation’s attempt towards economic development was met with efforts by the West to ensure said development maintained a pro-capitalist form. Despite African nations’ attempts to lead their own economic development in alliance and aligned with capitalists’ interests, they ultimately maintained a position similar to that prevailing in colonial times, and remained the source of economic growth for foreign nations while the economic conditions of African states deteriorated. Chinweizu states that “If anything the colonial economic relations waxed stronger” as African nations did the biding of the UN, the World Bank, the IMF, NATO, end eventually the European Union.

Is Pan-Africanism still relevant in the 21st century

Harris and Zeghidour highlight that internationally there is a need to grow the awareness of the actual numbers of majority black nations and communities, and broaden the awareness of the cultural and social influences of Africans and their descendants as they have roots and are present in South (and North) America, Asia, and the Middle East. They also provide great context about the situation and conditions African states endure in the current global political economy and note that under such conditions it is difficult for diaspora Africans and continental Africans to consistently engage free of external influence such as ideology and national issues. Moreover, the authors declare that African leaders also endure great challenges because they are faced with the prospect of either choosing to serve the interests of African descendants and Africans and affiliating themselves with an international Black network, or aligning themselves with the interest of global superpowers, which were/are apparently against the interests of Africans and African descendants based on deductive reasoning and consideration of historical events.

For example, as noted in “The 1945 Manchester Pan-African Congress Revisited, “in 1945, at the end of World War II, some 700 million people around the world lived under imperial rule. They were “subject peoples”, with no freedoms, no parliaments, no democracy, and no trade unions to protect workers. Post-WWII, many former colonies throughout the world, especially within Africa, were motivated to pursue political independence based on the promises of liberation from colonial states who asked for their support during the war, and the betrayal that ensued when colonization resumed after European nations and their allies adopted the newly instituted Bretton Woods system. Harris and Zeghidour conclude by highlighting that, in their modern form, most African nations are only a generation old and that African leaders have been trained by the former colonial powers, which increases the need for Pan-African efforts among continental Africans as well as diaspora Africans, and the need to advance the welfare of Africa and its descendants.

Any nation’s attempt towards economic development was met with efforts by the West to ensure said development maintained a pro-capitalist form.

The only Pan-African Congress that has been organized in the 21st century thus far has actually occurred in phases, since the 8th Pan-African Congress took place in 2014 at the University of Witwatersrand in Johannesburg, and in 2015 at the University of Ghana. Significant developments of the 8th Pan-African Congress included resolutions which upheld that: Arab and Western countries should compensate with due reparations for the damages inflicted on African people, and this should be pursued vigorously; there should be a day when black workers throughout the world stay away from work to mark the need for reparations; there is a case for reparations regarding the extensive economic and psychological damage that colonialism has done to the African people globally, and which continues today via neoliberal policies; the perspectives, roles, and actions of African women should be considered a foremost priority in all Pan-African movement initiatives; a policy including youth in all phases of future Pan-African work should be established; a commitment should be made to dedicate resources to creating and operationalizing a new Pan-African education curriculum that would not only teach STEM courses but would also teach all African children to see themselves as Africans first, and only secondarily as members of the Wolof, Zulu, or any other ethno-tribal group.

Unfortunately, African nations are only allowed to engage in economic development efforts as facilitated by international overseers such as the IMF, the World Bank, the OECD, the European Union, and the United States. This point is further exemplified by developments in the international economic order such as the G20 Conference, which has South Africa as its sole African nation. Unsurprisingly, South Africa’s economic policies benefit the racial minority population, which is classified as “white”, even as the nation continues to endure high levels of economic poverty (underdevelopment) and a population that is segregated or socially stratified by income and economic status.

The example above demonstrates the need for collaboration among Africans and members of the diaspora, as opportunities to obtain education and employment in developed non-African states do little to contribute to the development of Africa and the diaspora. No matter how many recognitions of “progress” the African diaspora receives, the first Black or African this or that means very little if those individuals do not critically attempt to contribute to the diaspora en masse. Such examples of “progress” can be deduced to be gradualism and tokenism, as they celebrate “acceptance” from the global political economy, much like the Africans who had the opportunity to receive education and employment in developed nations during the 20th century.

As noted in Part I, Pan-Africanism evolved into two distinctive schools during the 20th century: racial Pan-Africanism, which seeks to unite African descendants based on racial classification and social hierarchy, and continental Pan-Africanism, which seeks to unite around issues facing the continent of Africa and African descendants world-wide. In the 21st century, both schools are more than necessary as the conditions of colonialism, slavery, and racialism have only transformed and adapted to the global economy. Therefore, it is also necessary for advocates of the Pan-African movement to develop their treatments and adapt to the current international economic order.

Pan-Africanism is undoubtedly relevant in the 21st century. However, several internal issues and exogenous factors need to be addressed by the African diaspora and by Pan-Africanists. The issues that need to be addressed are significant because they limit the ultimate capacity of Pan-Africanism and its application within the international global order.

Opportunities to obtain education and employment in developed non-African states do little to contribute to the development of Africa and the diaspora.

Whereas the miseducation of African descendants is a by-product and a necessary condition of the global political economy, this absolute truth is hardly told in public and is usually discussed in closed quarters such as the ivory towers, the policy community, and among non-profit, private, or government officials. That said, advocates of Pan-Africanism bear the responsibility of confronting and removing the self-imposed limitations, as the implications of these issues affect the entire African diaspora directly or indirectly. As mentioned above, the mistreatment and marginalization of women, the inclusion and integration of youth into Pan-African agendas, and ideological differences among Pan-Africanists are three areas of primary concern due to the diverging perspectives. The decision of the 7th Congress to create an international secretariat to manage the day-to-day affairs of the movement is an invaluable step in the right direction as it enables adherents of Pan-Africanism to meet frequently.

Thus far, the 21st century has seen many attempts to practice and operationalize Pan-African political, economic, and social ideals in contemporary society. In addition to various members of the African diaspora who are committed to raising awareness about the importance and usefulness of Pan-Africanism in modern society using digital and mobile applications such as WhatsApp, Telegram, Signal, and Skype, as well as social media platforms such as Facebook and Twitter, other advocates have developed websites, podcasts, and dedicated YouTube channels to the Pan-African cause.

Students, activists, scholars, and human rights advocates interested in economic and social justice have utilized the aforementioned applications to organize protests and movements such as South Africa’s #RhodesMustFall and #FeesMustFall, Nigeria’s #EndSARS, the international Black Lives Matter movement, and most recently Howard University’s #BlackburnTakeover have all made pan-African demands and declarations. Established in 2011, Black Power Media (BPM) is an example of Pan-Africanists collaborating via YouTube to distribute news and conduct productive conversations from a Pan-African perspective. BPM describes itself as “a Black-radical independent media project” that seeks to “challenge the narrative about Black politics and the [international] Black condition.”

The contemporary era of Pan-Africanism has received significant contributions from members of civil society, elders, activists, advocates and scholars who continued to uphold the ideology and philosophy. A slew of international and national social and political grassroots organizations and campaigns, such as the Universal Negro Improvement Association, the Pan Africanist Congress of Azania, and the All-African People Revolutionary Party, have organized local sections and continued to advance the movement. As members of the African diaspora continue to engage in world affairs, groups of  private, multilateral, and non-governmental advocacy, policy and economic development organizations have emerged with pan-African aims, such as the African Union, the Pan-African Council and others.

The miseducation of African descendants is a by-product and a necessary condition of the global political economy.

In 2016, the Institute for Pan-African Thought and Conversation was established at the University of Johannesburg as a flagship centre of excellence to conduct research and provide a forum for scholars, practitioners, and members of civil society across Africa and the diaspora to exchange ideas and contribute to the production of pan-African knowledge and culture. Academic journals and conferences around the world continue to receive considerable scholarship from proponents of Pan-Africanism in fields such as African and African American studies, economics, political science, history, public policy, governance, conflict resolution and more. Moreover, publishers in Africa, Europe and the US have continued to discuss the topic and, with the development of the digital era, online publications such as The Elephant have emerged as leading platforms for pan-African discourse, culture and information.

Can Pan-Africanism catalyse development in Africa?

Economic development and policy reform are boosted by political liberation, yet Africa’s new democracies continue to experience economic underdevelopment. In Democratization in Africa: Progress and Retreat, Peter Lewis considers this the “democracy-development disconnect” in his essay “Growth Without Prosperity in Africa”. Lewis notes:

“Officials and average citizens alike often note the ‘disconnect’ between macroeconomic indicators and microeconomic performance…data on poverty and human development are showing few significant improvements, and citizens report discouragement when surveyed about attitudes and economic conditions… This paradox presents a basic challenge for Africa’s new democracies. However desirable democracy may be in its own right, political liberalization does not ensure economic regeneration or improved popular welfare [and] the tension between democracy and welfare is evident…”

Lewis continues his analysis and suggests that while early observations of democracy in Africa did not outperform non-democratic African governments economically, a recent study by Brian Levy assessed 21 African states between 1975-2000 and found that African states pursuing democracy and economic reforms were more successful than non-democratic states. Despite the metrics used to assess economic growth in Africa, (GDP growth, income per capita, etc.)  – which led to Levy’s assertion that democracies in Africa were economically successful – such metrics are deceiving as they conceal two important limitations. Firstly, African states are under the purview of the international economic order, which ensures that non-African states benefit from African labour more than African states due to the extraction and commodity-based economy. Secondly, democratic African states that experienced “economic progress” according to Levy, also suffered from welfare state policies, as the public welfare of citizens did not improve, which further illustrates Lewis’ point of “growth without prosperity in Africa”.

Pan-African attempts to development are centred around African-led methods to development that supersede the obstructions of capitalism, and seek to improve the political, economic and social conditions of Africa’s states as well as the diaspora en masse, despite geography. That said, one could assume that if African leaders, heads of state, institutions, and lay people within the diaspora were genuinely given the opportunity to collaborate and construct ways to catalyse said development, they would be at least moderately successful. Whereas the continent of Africa is extremely diverse, with varying histories and cultures, absolute consensus is not necessary. Members of the diaspora and Africa’s stakeholders do not need to agree on every aspect of economic and political developmental approaches; they only need to agree to eliminate any obstruction and hinderance to development, whether capitalist or non-capitalist.

Revitalised Pan-Africanism: An egalitarian and humanitarian approach

African states continue to be politically and economically dominated by a minority of global citizens who reside in developed nations (note that some of these individuals take residence on the continent), while Africans are only seemingly valued as labour. Considering the nature of development in Africa, as well as the legacy of slavery, colonialism, and contemporary issues of racialism within the diaspora, it is important to consider how the African diaspora’s unique way of creating, surviving, and thriving under extreme conditions can be applied to political and economic development in Africa. Development in Africa in the era of globalization has occurred under the guidance of international organizations and developed nations with either capitalist or socialist economic systems, which ultimately benefits foreign nations, international organizations, and non-Africans more than Africans en masse. This relationship should be mutually beneficial for Africa’s economically and socially marginalized populations to experience uninterrupted development.

In order for the 21st century to witness the improved potential of the movement, Pan-Africanists need to abolish the marginalization of African women and integrate the perspectives and input of women who have lived on the frontlines and at the intersections of the movement for centuries. Historically the role of African women has been reduced yet Pan-Africanists should be aware of the political, economic, military, social, and cultural feats and contributions of African women. Beyond their historical role as woman warrior queens, queen mothers, queen-regents, and commercial and agricultural masters, African women continue to lead, stabilize, restore and heal, and innovate social, cultural, professional, political, and economic processes and activities in nations all around the world. No nation would exist or function without the contributions, acknowledged or unacknowledged, of African women. The movement must consider these facts and reorganize or recalibrate itself so that African women are not only viewed as equal, but also that social and institutional mechanisms support women in the same fashion as women have supported the efforts of male African descendants.

African states are under the purview of the international economic order, which ensures that non-African states benefit from African labour more than African states.

Pan-Africanists must also identify mechanisms to transcend the political, economic, and socially constructed limitations imposed by political, economic, or socio-cultural ideologies and paradigms such as race, class, gender, sex, religion and political party affiliation. For example, the international Black middle class could practice Amilcar Cabral’s theory of class suicide in order to foster connections with members of the diaspora who do not have proportionally higher incomes.

Pan-Africanists must openly and actively discuss the issues brought about by miscegenation (sexual reproduction with people outside of the African diaspora) and colourism, which directly relate to what I consider the “politics of sex” and the “politics of race”. Pan-African enthusiasts need to collectively understand the unspoken rules of so-called “interracial reproduction”, or miscegenation, and social hierarchy based on skin complexion, or colourism, which are socio-political mechanisms to marginalize/reduce, or to domesticate their African-ness/Blackness (Africanity) and draw them closer to people who identify as white.

Lastly, Pan-Africanists must identify mechanisms to reduce xenophobia in all its forms within the African diaspora, including but not limited to: misogyny, homophobia, transphobia, ethnic and religious-based discrimination, prejudice against immigrants, elitism, anti-homelessness, anti-intellectualism, gerontophobia (discrimination and fear of aging and the elderly), Islamophobia, and Africanophobia (fear of Africa/n related concepts). 

In order to generate an example of an applicable method of Pan-African development in the 21st century and beyond, a more inclusive and global perspective is needed that incorporates all members of the diaspora. Rather than seeking consensus among supporters of Pan-Africanism, proponents need to understand the aims of the movement, create spaces for all African descendants to contribute, and not perpetuate the dehumanizing practices that were used to politically, culturally, and socially separate African descendants.

No nation would exist or function without the contributions, acknowledged or unacknowledged, of African women.

As an example, this essay suggests “Black Equalism”, which is a human rights philosophy rooted in Pan-Africanism and egalitarianism. Black Equalism seeks to advance the cultural, social, economic, and political parity of African descendants and the world at large, and to inspire and promote egalitarian thought, principles, and practices. Should such a philosophy be utilized and promoted within the diaspora, it could possibly ameliorate the impact of capitalism, which is rooted in classism and imperialism. 

Egalitarianism can be defined as “the doctrine that all people are equal and deserve equal rights and opportunities”. Egalitarianism is the opposite of elitism, promotes a classless society, and advances the notion that “all members of society deserve equity and are equal despite social, political, and economic status”. By synthesizing Pan-African thought with egalitarianism in the 21st century, Black Equalism seeks to advance the cultural, social, economic, and political parity of African descendants, and to inspire and promote egalitarian thought, principles, and practices. Black Equalism seeks to promote and facilitate the development of bonds, paradigms, campaigns, entities and institutions, and social, economic, and political systems that feature, serve, develop, and incorporate all members of the African diaspora regardless of educational background, income level, gender, sexual orientation, nationality, ethnicity, residence, geographic location, and political and/or religious affiliations (otherwise known as social, political, or economic status).

To that effect, should individuals including but not limited to: artists, designers, writers, intellectuals, entrepreneurs, investors, philanthropists, performers, musicians, poets, community organizers, business people, scientists, engineers, technologists, teachers, or anyone interested in collective action to change the status quo actually work together, one can deduce that the diaspora and the continent would benefit. 

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Within the Margin of Error? — A Post-Election Polling Retrospective

Assessing the accuracy of survey results and examining the five factors that contributed to pollsters missing the mark in the 2022 elections.

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Within the Margin of Error? — A Post-Election Polling Retrospective
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Now that nearly all of the election “dust” has settled, it is appropriate to revisit the results of the final round of pre-election presidential contest polls that were presented in my last piece. In doing this I shall compare them with the official/IEBC results and attempt to explain the apparent contrasts.

But has nearly all the ‘dust’ really settled?

Before undertaking the main task at hand—analysing the degree to which the last round(s) of surveys generated presidential results that were reflected in those declared by IEBC Chair Wafula Chebukati—it seems necessary to explain the delay in finishing this piece for The Elephant.

Ever since the return of election polls ( themselves coming in the wake of the return to multi-party competition in the 1990s) a major challenge in assessing their accuracy has been the credibility-deficit often associated with the official results. Leaving aside the assumed willingness of survey respondents to “honestly” reveal their voting intentions, as well as the impossibility to exactly predict voter turnout, a number of factors have been identified—and on some occasions, well documented—including: the buying of IDs/voters’ cards, threats to/physical obstruction of would-be voters, intimidation of/interference with campaign activities, ballot-stuffing, and fraudulent vote-counting. As such, one survey firm that had undertaken pre-election polling since 1997 decided prior to the 2013 contest not to do this (at least for public release) “until and unless we are confident that the official results are credible”—although just how this might be determined raises additional issues.

For last year’s election as related to this piece that seeks to assess the accuracy of survey results, it was thus necessary to wait to see if any credible evidence emerged that might at least cast doubt on the official presidential results, especially since, as shown below, nearly all of the final pre-election survey results were “wrong”—that is, not just showing a “different” candidate winning, but also doing so by a  figure that was well outside the margins-of-error of the reported polls. The author therefore paid close attention first to whatever grounds the four dissenting IEBC commissioners had for refusing to confirm the results announced by their chairman, and then to the nine “consolidated” petitions that were taken to the Supreme Court, and the issues that the Court sought to scrutinize and determine. However, the commissioners remained silent, with three of them subsequently resigning, apparently to avoid interrogation by the tribunal established by the president following its authorization by the Kenya Kwanza majority in the National Assembly. Court proceedings also yielded far from sufficient evidence to “prove” that the election was “stolen”, even if not all of the arguments used to overcome these petition challenges were entirely convincing.

As such, it was possible to complete a draft of this piece within several months of the election.  However, almost immediately thereafter, one of the IEBC commissioners, Ms Irene Masit, declared that rather than resign as did her three “dissenting” colleagues, she would contest her possible removal through the above-noted tribunal . In this context, shortly before her first scheduled appearance before it, she announced her intention (in mid-December) to release a “bombshell” about the official presidential results. It was, therefore, rather an anti-climax when she failed to appear at the hearing, instead sending her lawyer, the focus of whose complaint was the composition of the tribunal rather than any substantive refutation of the results.  Indeed, despite several additional tribunal sittings, no such “bombshell” was ever dropped, with Masit remaining silent throughout (even if doing so may have contributed to the tribunal’s ultimate decision to recommend her removal from office), leaving the motivation behind her initial statement quite up in the air.

On the other hand, a different “explosive device” was lobbed by Raila Odinga on 18 January—and repeated several times thereafter in several public rallies and press statements: that a “whistle-blower” from within the IEBC had made available the full constituency results of the presidential contest (which are yet to be posted on the IEBC’s website) showing that Odinga had won with a margin of over two million votes, giving him some 57 per cent of all votes cast.  Just why it had taken so long for these “true results” to be made available (either by the ‘whistle-blower’, or by Azimio depending upon when they were provided) was never explained, however, and a rigorous scrutiny of them by a long-term observer-analyst of Kenyan elections, Dr Charles Hornsby, cast serious doubt about their credibility. Central here was his comparison of the supposedly “true” presidential tallies in a number of key constituencies (“key” in the sense that these results amounted to a complete reversal of the official presidential figures), but where, almost without exception, the parliamentary results, none of which the “whistle-blower” sought to refute, amounted to overwhelming victories for Ruto’s UDA party and its affiliates, thus making such reversed presidential results incredulous. (It is also curious why Masit remained silent about them, whether during the tribunal’s hearings or at any other time, as well as why the “whistle-blower” had not made them available to her or to any of the other dissenting commissioners before they resigned—assuming this was the case.)

Just why it had taken so long for these “true results” to be made available by Azimio was never explained.

Even more recently, the investigative and civic education NGO, Inform Action, released a report that assessed the degree to which last year’s election met the standards demanded by the constitution and relevant statutes. While it identified numerous failings at all stages of the electoral process, none was identified as having significantly affected the presidential results.

In sum, then, no incontrovertible evidence has come to light since the election that calls into question the validity of the declaration of William Ruto as the winner. This includes the claim, also made on several occasions by Azimio leaders, that an exit poll confirmed the results released by the IEBC “whistle-blower”. Yet no figures were released in connection with this poll , let alone the identity of the agency that conducted it or any details of the methodology used (i.e., sample size and distribution across which polling stations, the number and wording of the questions asked, the proportion invited to be interviewed who refused and their distribution over the map, etc.)  Such doubts were magnified by the fact that (especially if the results were favourable to Odinga) the results were not released immediately all the polling stations had closed, as is the general case globally, or at least prior to the announcement of the official results five days later. Further, an effort to obtain such information by writing to a senior Azimio official yielded no fruit.  (Why various media interviews with Azimio leaders since this claim was first made failed to raise any of these questions is also curious.)

No incontrovertible evidence has come to light since the election that calls into question the validity of the declaration of William Ruto as the winner.

With this context (which, it should be noted, however, is at least potentially subject to change), the main issue examined in this piece can be addressed: what (if anything) can explain the significant gap between nearly all of the final round of polls and the official results?

Were the pollsters ‘wrong again’?

Notwithstanding the usual disclaimers from survey firm representatives that their results were “snapshots-in-time” rather than predictions, questions about the accuracy of their work arose immediately enough constituency-level results had been tallied to indicate that even if Odinga was going to emerge the winner—or even whether either he or Ruto would get over the 50 per cent + 1 hurdle—the margin between these two main contenders was going to be far smaller than the final polls had indicated, with one exception: that of Radio Africa, the only one that put Ruto in the lead, although within that poll’s margin of error, as indicated in the following table containing all these results as well as their collective average:

Chart 1
Moreover, and as I have noted in previous pieces in this series, since ballots do not provide any “undecided” or “no response” options (and those left unmarked or spoilt by any “stray” marks are removed from the total of “valid votes cast” that is used to calculate the 50 per cent + 1 requirement), it would make sense this close to an election to also calculate survey results with those no-named-candidate results removed, which are presented in the table below for TIFA (and which were included in its 3 August media release) and the five-survey average, as well as the official/IEBC results:

Chart 2
In other words, Ruto obtained about 6.5 per cent more votes than his five-poll average of 44 per cent, and Odinga obtained about 5 per cent less than his average of 54 per cent.

So, what might explain this “error”? (And note that the margin of error in none of these “incorrect” polls does so.) To answer this question, five factors will be considered: the “evaporation” of expressed support for the two minor candidates; the postponement of gubernatorial contests in two counties; the variable distribution of voter turnout; respondent dishonesty; and a possible late “wave” in Ruto’s favour.

Factor one: burst of the Wajackoyah ‘balloon’

I had previously suggested that the expressed intention to vote for George Wajackoyah—which was recorded at 4 per cent in TIFA’s late June survey—could have been largely “for fun”, and that some, if not most, of those respondents who actually vote would bring themselves to choose between the only two serious contenders.

That this was a likely scenario was suggested by the drop in expressed support for him by more than half (to 1.8 per cent) in TIFA’s final pre-election survey. Given the fact that—as was the case previously—in that survey Ruto had rather more support among voters under 35 and that Wajackoyah had nearly three times more support among such voters than among the more elderly, it can be assumed that on 9 August, Ruto was the main beneficiary of the “evaporation” of Wajackoyah’s votes to less than 0.5 per cent.

Factor two: the two postponed gubernatorial contests

A second factor is the failure to hold elections for governor in two counties where Odinga received clear majorities. As may be recalled, it was immediately clear on 9 August  that there had been a “mix-up” of the gubernatorial ballot papers in Mombasa and Kakamega counties, with the candidates’ images on the ballots failing to match their names. This meant that the elections for these positions had to be postponed, raising the question as to how much that might depress voter turnout in these two counties. That this was a concern on the Azimio side was evident when Mvita MP and ODM gubernatorial candidate, Abdulswamad Nassir, cried foul on the basis that these  “are all ODM strongholds and we read ill-motive to reduce the number of votes in favour of Raila Odinga”, an allegation also contained in one of the Supreme Court election petitions subsequently filed on Odinga’s behalf.

Buttressing Azimio’s argument (though not mentioned in the petition) were the results of a question in TIFA’s final pre-election survey, released on 3 August, which revealed that Kenyan voters perceived the importance of the position of governor as equal to that of president, and thus its absence from the ballot would most certainly have a negative impact on voter motivation.

Chart 3
In its full judgment, the Supreme Court, having first affirmed the IEBC’s authority to postpone elections under various conditions including those at issue here, held that the petitioners had failed to prove that the postponement led to a suppression of voter turnout, and that it was motivated by malice.

Leaving aside the second point about any “malice or bad faith”, a more precise estimate than that which was presented to the Supreme Court helps to reveal the extent to which voter turnout in these two counties was, in fact, depressed, and how this impacted on the presidential results in those counties.

In answering these questions, a more detailed review of the presidential election results is helpful.  First, according to the IEBC, 65.1 per cent of nationally registered voters cast votes, 99.2 per cent of which were valid, making a total of 14,213,137 valid votes.  Of these, 50.49 per cent were cast for Ruto and 48.85 per cent for Odinga.  Ruto’s total was based on receiving 233,211 more votes than Odinga, and 69,573 votes above the 50 per cent + 1 required for an outright win.  However, national turnout was rather lower than it was in the 2017 election (77 per cent).  Among several national level factors that may account for this, most widely acknowledged was the absence of a serious presidential candidate from the Mt. Kenya region, so that voter turnout there was 15 per cent below the 2017 figure.

Kenyan voters perceived the importance of the position of governor as equal to that of president.

With specific regard to Kakamega and Mombasa, five years ago the turnout was 75 per cent in the former and 59 per cent in the latter. This time, apparently (but not conclusively) due to the absence of gubernatorial ballots, these figures were 60 per cent and 44 per cent, respectively. By comparison, the average for the other four counties in the western region was 64 per cent, and in the other five coastal region counties, 59 per cent, both considerably higher than in the two counties at issue.

At the Supreme Court, however, the petitioners used an average turnout of 72 per cent for the last three elections in Kakamega, and posited an average of 56 per cent in Mombasa, yielding a 12 per cent turnout gap in both counties on 9 August. However, given the credibility issues regarding voter turnout in previous elections, using regional county averages from 2022 as well as the differentials between Kakamega and the rest of western and between Mombasa and the rest of the coast region, yields a more accurate estimate of what the turnout in these two counties would likely have been had all six positions been on the ballot.

In order to arrive at such an estimate, the difference in average turnout in the 2017 and 2022 elections for the counties in each of the two regions—aside from the two at issue—was calculated. For the western region, aside from Kakamega, turnout in 2022 was 12.1 per cent below what it was in 2017.  Based on this reality, since turnout in Kakamega in 2017 was 74.9 per cent when all six positions were on the ballot, it may be assumed that in 2022 it would have been about 63 per cent, or 3 per cent higher than the 60.3 per cent recorded on 9 August.

A similar calculation for the coast region (leaving aside Mombasa) yields a figure that is 11.2 per cent below the 2017 level for its five other counties.  As such, taking into account that turnout in Mombasa in 2017 was about 9 per cent lower than it was in the region as a whole (60.0 per cent), it appears that in 2022 it would have been 51 per cent. However, given that the 2022 gubernatorial contest was considerably more competitive (in which Abdulswamad Nassir of ODM defeated Hassan Omar of UDA by a mere 20,000 votes) than in 2017, a slightly higher turnout may be assumed compared to 2017 when Ali Hassan Joho had no serious challenger. Thus, perhaps 53 per cent is a more likely figure, about 9 per cent higher than what occurred on 9 August.

Based on the above pair of assumptions, the disadvantage Odinga suffered through these two postponements can be estimated. For Mombasa, 9 per cent of all registered voters represents 57,813 votes.  Assuming that these “extra” votes would have been split in the same proportions as were the votes that were cast on 9 August, Odinga (having obtained 58.07 per cent) would have garnered an additional 33,571 votes, and Ruto (who obtained 41 per cent) an additional 23,702 votes.  Similarly, in Kakamega, Odinga would have garnered an additional 18,002 votes, and Ruto an additional 7,101 votes, had voter turnout been 3 per cent higher.

Taking these “lost” votes into account, the national totals for both candidates would therefore have risen to 7,206,944 for Ruto and 6,994,503 for Odinga. The quite modest gain for Odinga thereby reduces the overall gap between them from 233,211 to 212,441.  Further, if we assume that the two other candidates would between them have gained another 800 or so votes (based on totals of 0.93 per cent in both counties, giving them a combined national total of 94,756), that would have brought the total national vote to around 14,296,000 valid votes.  This, in turn, means that Ruto would have obtained about 50.41 per cent of all valid votes (rather than 50.49 per cent), while Odinga would have obtained 48.93 per cent (rather than 48.85 per cent).  Overall, these figures would have slightly narrowed Ruto’s margin above 50 per cent: from 69,573 to 58,944 votes.

As can be seen, these calculations do not affect the overall result, but they are measurable, and it may be asked why the petitioners were not more precise in their submission to the Court, if they were going to be presented at all.  At the same time, given the dismissive language in the Supreme Court’s eventual full judgment, it is unclear how large such a turnout gap would have had to be in order for this aspect of the IEBC’s performance to be taken into account, or whether any such gap would have been enough to force such a consideration unless one or more petitioners could have convinced the Court that such errors were deliberate as opposed to being only “accidental” ballot-printing errors by the Greek firm that supplied them.

Factor three: turnout differential – Ruto vs. Odinga ‘strongholds’

The next and potentially much weightier “suspect” for the pollsters’ “error” is national voter turnout, as TIFA emphasized in a “Cautionary Note” that accompanied its 3 August media release: “The outcome of the election depends on voter turnout and this cannot be predicted by surveys.” Even earlier, in several of its pre-election survey-release, TIFA had also made clear that far more respondents were claiming to be registered voters than was indicated by the IEBC’s figures. For example, in its second-to-last pre-election survey (conducted at the household level from 21 to 26 July), 93 per cent of randomly selected respondents claimed to be registered voters, yet based on the adult population as identified in the 2019 Census plus the youth who came of age since the last voter registration exercise was concluded in February of last year, the correct figure is only slightly aove 80 per cent.

Such a “reality-check” is bolstered by comparing the proportions among those claiming to be registered voters in the nine zones used by TIFA in presenting its findings who stated that they would “definitely” or “probably” vote with the IEBC’s actual – and significantly lower – figures:

Chart 4
As shown, while the national level gap is a hefty 30 per cent, it varies across these 9 zones from a high of 34 per cent in the coast region to just 1 per cent in the South Rift.  The key question, therefore, is to what extent the variations in actual voter turnout explain TIFA’s (and several other firms’) “erroneous” final survey figures.

To answer it, we can first look at the voter intention figures from the same late late July TIFA survey and compare these with the percentages actually won by each candidate in the nine zones:

Chart 5In doing so, several points emerge.  First, in the respective home-zone areas (Nyanza and Central Rift) of the two main presidential candidates, the gaps between TIFA’s results and those of the IEBC are minimal (i.e., only 2 per cent higher in Nyanza, and only 1 per cent lower in Central Rift). Second, Ruto did almost as well in the second zone in which he obtained a majority—Mt. Kenya—as he did “at home”: 79 per cent vs. 83 per cent, only a 4 per cent difference.  By contrast, in the zone where Odinga obtained his second largest majority—Lower Eastern—his majority was considerably smaller than it was “at home”: 75 per cent vs. 87 per cent, a 12 per cent difference. As has been noted, Odinga’s running-mate in this election came from Mt. Kenya region, as did Ruto’s, and not from Lower Eastern, the home of Kalonzo Musyoka who had been his running-mate in the previous two elections. Third and finally, Odinga suffered decreases in his actual vote proportions as compared with his TIFA figures in two zones – South Rift and Nairobi—amounting to 18 per cent in total, whereas Ruto’s negative difference-gap in Central Rift was only 1 per cent.

It is unclear how large such a turnout gap in Mombasa and Kakamega would have had to be in order for this aspect of the IEBC’s performance to be taken into account by the Supreme Court.

With these contrasting regional results in mind, does differential voter turnout explain any of the pollsters’ pre-election “error”?  The simple answer is “yes”, but to what extent requires another “deep dive” into the official/IEBC data.

First of all, of all 48 electoral units, Odinga obtained more votes than Ruto in 28 (27 counties plus the Diaspora), leaving 20 counties in which Ruto out-scored him. In the former category, there were 7,968,238 valid votes, while in the latter there were 6,244,799.  However, whereas Odinga obtained only 70.6 per cent of all valid votes in his “dominant” areas, Ruto obtained 78.3 per cent in his.  Or to put it the other way round, while Ruto obtained 28.7 per cent of all valid votes in Odinga-dominant areas, Odinga managed only 21.1 per cent in Ruto-majority areas. In terms of actual votes, Odinga got 5,627,630 votes in his “strongholds”, while Ruto garnered 4,889,909 in his. However, what got Ruto over the line is that while Odinga obtained only 1,315,300 votes in Ruto’s areas, Ruto obtained 2,286,232 in Odinga’s.

What got Ruto over the line is that while Odinga obtained only 1,315,300 votes in Ruto’sareas, Ruto obtained 2,286,232 in Odinga’s.

Such figures underscore the importance of voter turnout in explaining Ruto’s advantage.  Specifically, whereas it was about 69 per cent in the 20 Ruto-dominant counties, it was only about 62 per cent in Odinga’s 27 (leaving out the few Diaspora voters).

This analysis can be extended by answering another specific hypothetical question: what would the results have been if voter turnout had been identical to the national average of 65.1 per cent in all 47 counties? In terms of votes, Odinga would have obtained 7,140,924 as compared to Ruto’s 7,078,521 (with the remaining 98,319 divided between Wajackoyah and Mwaure), thereby pushing the former up to 49.9 per cent vs. 49.8 per cent for Ruto.  Further, when Odinga’s “lost” votes from Kakamega and Mombasa are added, his total would have stood at 50.3 per cent as opposed to 49.7 per cent for Ruto, giving the former an outright/first round win, though with a victory-margin of just over 0.5 per cent, almost equal to that of Ruto’s official win, although still less than what nearly all of the final polls reported.  Why so many more of Odinga’s potential voters failed to show up at their polling stations on 9 August is a question I shall leave for others to answer.

Factor four: respondent dishonesty

An additional factor that could help to explain the discrepancy between the last round of polls (average) and the official results is respondent dishonesty.  It is of two types: unfulfilled intentions and outright falsehood. An example of the latter, as noted above, is respondents claiming to be registered who in fact were not, and thus never voted.  Indeed, in selecting respondents for its two final pre-election surveys, TIFA excluded those who “confessed” to not being registered, although it was not possible to verify the registration claims of the remainder, let alone to match those non-voters with their expressed presidential voting intentions.

TIFA sought to identify the “liars” in its July survey, which was conducted in person at residences, by asking all respondents to name their polling stations, but only 94 per cent could do so. Here it should be recalled that in terms of expressed presidential vote-choice in that survey, Odinga out-scored Ruto by 46.7 per cent to 44.4 per cent, a 2.3 per cent difference. Yet when results are limited to those who could name their polling station, Odinga’s lead shrinks to just 0.2 per cent, from 46.4 per cent to 46.2 per cent, suggesting that there was more “dishonesty” about being registered among Odinga supporters. Moreover, the likelihood that, in comparison with the TIFA findings, Odinga “lost votes” by such dishonesty is also suggested by the fact that among those who failed to name their polling station, far more expressed voting intentions for Odinga than for Ruto (53 per cent vs. 19 per cent), and that another 19 per cent said they were “undecided” as to whom they would vote for, as compared with only 5 per cent among those who did name their polling station.

One other factor that could explain part of the discrepancy between the last round of polls (average) and the official results is respondent dishonesty.

(At the same time, asked about their likelihood of voting, the combined figures of “will probably not” and “not sure” are the same for those expressing vote-support for both Odinga and Ruto—3 per cent—countering an assumption that those not registered would be more likely to express doubts about their participation in the election at all. In light of such issues, it is unfortunate there was no exit poll even if limited to a few counties, since ipso facto it would have involved only actual voters.)

The above analysis leads to an obvious question: why would at least a significant number of survey respondents have claimed they would vote for Odinga when they had decided otherwise?  While this issue could be explored in subsequent surveys, at this point two closely related factors seem to have encouraged at least some “dishonesty” of this nature. One is the visible support given to Odinga’s campaign by the incumbent Uhuru Kenyatta government, which according to reliable reports, involved both financial and rhetorical support, the latter including exhortations, if not clear threats, by local administration officials. While the impact of such direct involvement on voting is unclear, it seems reasonable to conclude that it served to intimidate at least some respondents, making them uneasy about declaring their intentions to vote for Ruto even in surveys conducted by non-state entities.

Such a conclusion is suggested by the responses TIFA obtained in its April survey to a question (that had also been included in five previous surveys) asking which presidential candidate, if any, respondents thought President Kenyatta supported. Overall, 73 per cent named Odinga. However, rather more of those expressing an intention to vote for him held this view than did those stating they would vote for Ruto (85 per cent vs. 79 per cent). In other words, the fact that more of Odinga’s expressed supporters believed the incumbent president was supporting him than did Ruto’s may have really been an indication that they were not being “honest” but rather sought to align themselves with incumbent presidential power.

Such ‘unease’ is also indicated by the finding in TIFA’s late-July survey that found that among the substantial minority of those who reported having voted for Odinga in 2017 but who intended to vote for Ruto in this election, two-thirds explained their ‘defection’ from him as a consequence of his ‘handshake’ with President Kenyatta.  As such, even those still stating they would vote for him may have likewise had this as their main motivation for not doing so, but not wanting to ‘confess’ the same to TIFA and other survey firms.

Another related factor is the widespread assumption that Odinga, being the recipient of such state support, would inevitably win (which likewise appears to have contributed to lower turnout in Odinga “strongholds” as already suggested).  As such, even some of those committed to voting for Ruto were likely reluctant to risk getting on the “wrong side” of an expected Odinga government by declaring their true voting intentions, even to private/independent survey firms such as TIFA.

Further, in TIFA’s final survey, a total of 7 per cent of respondents declined to identify their presidential voting intentions, with 4 per cent claiming to be “undecided” and the rest simply remaining silent. Even if 78 per cent of those without a stated presidential vote-preference also failed to identify with any political party (thus suggesting a general lack of interest in politics and thus a lower likelihood of voting at all), this proportion on their own could have been enough to eliminate the polls-vs.-IEBC gap between Odinga and Ruto, and then some.

Factor five: a possible ‘late wave’

Aside from “dishonesty” among those 7 per cent in TIFA’s final survey who declined to reveal their presidential voting intentions, it is possible not only that some of them failed to vote at all, but that others only made up their minds at “the last minute”. Moreover, a small proportion who had honestly expressed an intention to vote for Odinga changed their minds in the intervening period between these final surveys and 9 August, for whatever reasons, and voted for Ruto.  Recall here that according to The Publication of Electoral Polls Act (2012), no such results can be published within five days before election day. This means that even the last such survey undertaken and released in this election cycle was completed a full week before that day. In this case, also, it should be possible to identify at least some of these “last-minute” decision-makers in a post-election survey. And several commentators and political actors indicated that such a “wave” was likely, and after the election, that it did, in fact, occur.

For example, just a week before the election, during a discussion of the most recent polls on one of the morning TV political talk-shows, Dr Peter Kagwanja dismissed Odinga’s modest lead by claiming that in the Mt. Kenya region, at least, “You will see a major swing towards Odinga when the votes are tallied because people from this area, not having a presidential contender for the first time, are determined to be where power will be for the next five years, and it is clear that will be an Azimio government.”  But such a “swing” could have been in the opposite direction.

Indeed, several weeks after the election, one senior Kenya Kwanza leader from this region claimed to the author that “in our final rallies, we could feel the surge in our direction, such as at Kirigiti in Kiambu, which was our last big rally.”

Altogether, then, while impossible to substantiate without further post-election research, such a ‘late wave’ cannot be ruled out, and to the extent it did occur during the final week, it could not have been captured in the final surveys, once again highlighting the value of an election day exit poll.

A few longer-term take-aways

While each of the five factors examined above could have contributed to Odinga’s loss, it is not possible to precisely measure their impact (even if an attempt was made to do so with regard to the second and third of these).  The question that remains is whether, taken together, they could sufficiently explain why the official results deviated significantly from nearly all of the polls conducted towards the end of the campaign period. While the answer must be left for readers to answer, it seems certain that if the outcome had been an Odinga win, even by a narrower margin than Ruto obtained, the media would have most certainly reported that “the pollsters were correct”, even if this result would have been outside these polls’ margins of error!

Even some of those committed to voting for Ruto were likely reluctant to risk getting on the “wrong side” of an expected Odinga government by declaring their true voting intentions.

Whatever the case, and despite the fact that far more use was made of such survey tools by the major presidential campaign teams (and also by many candidates below that level), it seems that “serious” survey firms may have to re-think certain aspects of their methodology, in terms of both the selection of respondents (for example, trying to discover why some people decline to be interviewed in case such non-participation might create a “silent” bias, even within particular ethnic groups) and the reliability of the answers they give to certain critical questions. Likewise, they may need to publish their final results in terms of several potential scenarios, beginning, perhaps, with variable voter turnout figures in both national and regional terms. Indeed, in his last pre-election blog, Hornsby, using such a multiplicity of factors – including the most recent polls – ‘guessed’ that Ruto would win within a 1 per cent margin – which is exactly what happened.

Such considerations raise one question this piece has yet to address: “What about the ‘correct’ Radio Africa/Star poll?”  A valid question, but an answer seems elusive.  In the US, following considerable embarrassment associated with the performance of a number of reputable pollsters in the last two elections, they sat down together to share their thoughts as to what ‘went wrong’, and what steps could be taken – mainly with regard to sampling models – to remedy such errors.  But doing so required a level of data-sharing transparency that has no precedent in Kenya, where the few firms that conduct these surveys have never (to my knowledge) engaged in such a collective exercise, which would clearly have to include a comparison of the ethnic distribution of their samples, given the salience of this factor in voters’ choices.

Recall, however, that an early June poll by Radio Africa gave Odinga a six per cent lead, whereas late-May surveys by Infotrak and TIFA placed him ahead of Ruto by only 4 per cent.  And in April, while a TIFA poll put Ruto ahead of Odinga by 7 per cent, Radio Africa gave the former DP an advantage of just 5 per cent. As such, the basis for Radio Africa’s ‘predictive success’ in that poll remains unknown, least for now.

But beyond any such “errors”, those involved in the conduct, dissemination and use of such data in a still-young democracy such as Kenya must not get distracted from the larger—and, it can be argued—more important question: Do such research tools contribute to the strengthening of democracy, both among those competing for office and those with the power to determine winners and losers—that is, the voters themselves?

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Religion and the Tragedy of the Kenya Middle Class

The Kenyans who are really blinded by religion are not the ordinary ones who are actively religious, but the educated ones who are against religion. It’s an intellectual entanglement so spectacular that would put the emotional entanglement of the Smiths to shame.

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Religion and the Tragedy of the Kenya Middle Class
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When William Ruto won the 2022 general elections to become Kenya’s fifth president, local and international media were awash with discussions of Ruto as an evangelical president. The excitement, however, was informed less by Kenyan religion or politics and more by right-wing Evangelical America and its war on homosexuality and abortion. Le Monde, a major newspaper from a country that boasts of being the home of the Enlightenment, was understandably preoccupied with Kenya’s adherence to secularism. The BBC was curious about the president’s stand on homosexuality, but not about secularism, which would have been strange for the public broadcaster of a country whose head of state is also the head of the Anglican church.

Kenyan intellectuals, who are largely educated on Western liberal values and human rights, were also inclined to focus on concerns about secularism. Editorials of Kenyan media waxed lyrical about the need to separate the church from the state. Other observers, inspired by the reversal of Roe v. Wade in the US, voiced concerns that women might suffer an attack on their reproductive rights under a Ruto presidency.

Much of this analysis misses major nuances of religion and politics in Kenya, and comes from rigid adherence to the false dichotomy which Eurocentrism has placed between reason and faith.

The ambiguity of Evangelicalism

It is important to note that most Kenyans cannot distinguish the doctrines of different Christian faiths. In the 70s and 80s, they might have defined that distinction largely by the concept of “getting saved,” because Catholics stood out as the only branch of Kenyan Christianity that did not believe in salvation from a personal relationship with Jesus. From the late 80s onwards, a Kenyan might have offered a vague distinction of Protestantism from other faiths based on the style of worship, pointing out that mainstream Protestant churches sang hymns, listened to choirs singing in four-part harmony and prayed silently, while Pentecostals and African traditional churches sang vibrant songs to musical instrumentation, danced in the sanctuary and prayed loudly in tongues.

But by early 2000, however, that difference had largely disappeared, because many mainstream churches changed their worship to a more Pentecostal style, thanks to some clergy who felt that the Pentecostal expression was more “spiritual,” and others who felt that adopting the Pentecostal style of worship would prevent the youth from leaving the church. Children who grew up since that time would therefore scarcely know the difference between a Protestant and an Evangelical.

Therefore, there is little clarity in the Kenyan mind about what constitutes the Evangelical church. Most of the churches called “evangelical” in Kenya do not consciously profess the evangelical faith, if by evangelical, we mean those who believe in the centrality of the bible in faith, and who profess to be “born again” after having a personal encounter with Jesus Christ. In any case, the concept of being “born again” was already in Protestant circles in the 1930s, thanks to the East African Revival Movement, and back then,  British missionaries were irked by their African converts who claimed to be “born again.”

But that lack of clarity on Evangelicalism is evident even in academic scholarship. Kenyan scholars who are close to American evangelical circles, and who seem at pains to prove that even Evangelicals are interested in social issues, often cite Protestant clergy and academics who are vocal on faith and society as “evangelical.” They do so even when those whom they cite would not consider themselves Evangelical and are even critical of Evangelicals.

Christianity and the state

Part of this confusion emanates from the failure to appreciate the different political attitudes of American and European missionaries towards the state, and how that difference influences Christianity in Kenyan political life today. European missionaries tended to be driven by liberal ideas and to collaborate with the colonial state in providing education, but they also took a stand against human rights abuse by the colonial government. The American missionaries, however, wanted to keep their distance from the colonial government because they believed that Christian mission work should rely on God (meaning on donations from fellow believers). Neither side fundamentally challenged the concept of colonialism itself.

After independence, the mainstream churches continued their engagement with the ex-colonial Kenyan state, either in agreement or opposition. For instance, in 1969, mainstream churches opposed Jomo Kenyatta’s adoption of the oath to solidify political support of his Kikuyu ethnic group against Kenyatta’s political rivals. That Kenyatta listened to the church shows that his use of traditional spirituality to bind people to his political project, and of the church to maintain his hold on the ex-colonial state.

After independence, however, American missionaries continued to distance themselves from the state. Much of that conceptual work was done through the concept of culture. The argument of American missionaries was that faith was expressed through culture, and no culture was superior to the other. The utopian implication was that under Christ, there was no African or American, no black or white. In reality, however, this focus on culture supported the imperial project of the Cold War by steering African Christianity away from politics. The cultural focus of theology was important for US imperialism to block the development of African solidarity with black theology, which influenced by the Black Panther movement, and liberation theology which was influenced by Marxism.

During the 80s and 90s, as Moi’s rule became more draconian and as the economic conditions deteriorated, mainstream clergy were at the forefront of speaking out against the shrinking democratic space. By contrast, American missionary founded churches like the AIC, Moi’s home church, took the stance that leaders are chosen by God and should be supported spiritually rather than criticized, and that the church should keep off commenting on political matters.

The Evangelical Alpha Male

But as the Protestant churches focused on the relationship of Christianity to the state, the evangelical churches modeled for us how to live as Christians. In the context of Structural Adjustment Programs that gutted down the few public services available, and the rise of the HIV-AIDS epidemic, Evangelicalism gained momentum by offering personal lifestyle responses to social problems.

For instance, evangelicalism filled the intellectual space in the public sphere which had been evacuated by the persecution of academics, students, professionals and artists, and by the reduction of funding for education. As Dr. Damaris Parsitau has demonstrated in her scholarship, that vacuum was rapidly filled by the omniscient Evangelical preacher.

At the same time, a socio-political vacuum was developing due to the privatization of social services. For the youth who were joining the job market and expecting to start families, the charismatic churches provided practical remedies to the social services falling apart. The churches promised private services like homeschooling to compensate for education, miracle healing for failing medical services, and abstention from sex for the HIV-AIDS pandemic.

Thus rose the figure of the pastor as the alpha male. He exuded a positive attitude as approach to all problems in life. He was the intellectual who explained how to navigate the crippling economy. He was the educator who exemplified homeschooling through the work of his wife. He was the model husband who motivated his wife to do that work. He was also the entrepreneur who embodied the promise of neoliberal capitalism, because he had started his own church with a few members and was now living a lavish lifestyle as the head of a mega church.

As such, the word “evangelical”, though not commonly used in Kenya, usually refers to a certain profile of churches and their clergy. The churches which Kenyans call “Evangelical” loosely refer to churches which revolve around the personal enterprise of the pastor in the case of men, or of the pastor and his wife, or sometimes of unmarried women pastors. In such churches, major decisions, including the management of church property and finances, are managed almost exclusively by the pastor, as opposed to an elders’ council or a general assembly, and so the evangelical pastor embodies the figure of the CEO. Most of these churches are morally conservative, but any missteps in their own morality, like fathering children out of wedlock, receives a generous lathering of Christ’s forgiveness to wash away a multitude of sins.

By contrast, mainstream Protestant churches are identified by institutionalization, church hierarchy, leadership elections whose chaos often mirrors the elections for political leadership, and clergy who are likely to take positions on political issues.

This landscape suggests that despite the denominational differences, spirituality in Kenya is one continuous space where Kenyans navigate their political and social lives in the face of local and global dilemmas. That spiritual whole includes local and ethnic African spiritualities, which Kenyans revert to even though they may continue to attend church.

Victorian morality as “African culture”

One major confusion in Kenya that is directly related to Evangelicalism is the discourse of morality. This confusion comes from the fact that Kenya is governed by a rigid manufacture of consent, where public discourse on a wide range of issues is tied to how such matters relate to the state. When it comes to the personal space, especially in matters of femininity and sexuality, this discursive control is expressed as concern for “African traditions,” and often includes quotations from the bible. However, when one scratches beneath the surface of those concerns, one finds what is being called African tradition is closer to Victorian morality.

As such, Kenyans will criticize women for wearing their hems above the knee as flouting African tradition, and have nothing to say when reminded that in many African traditional fashions barely cover the body. Kenyans will share pictures of men on catwalks in Europe wearing skirts and declare that those catwalks flout African morals, forgetting that most African traditional wear for men is in the form of clothes that flow from the shoulder or from the waist.

One must therefore avoid reading statements about African culture as exclusively expressions of Kenyan right-wing conservativism. When Kenyans say that something “is not culturally African,” they could be saying less about African culture and revealing more about the limited intellectual space in which Kenyans can contemplate anything outside what is acceptable to the state. They could be expressing the fear that allowing minorities to have a voice, or their right to life and social services, or autonomy of one’s body or sexuality, requires disentangling many other convoluted beliefs which Kenyans must uphold, if they are to avoid a direct confrontation with what the late ES Atieno Odhiambo famously called Kenya’s “ideology of order.”

This entanglement explains the contradictory signals on homosexuality that confound Western and liberal journalists. Most of the pronouncements by government officials against LGBTI are made in situations of crisis, or in reaction to news reports, or in interviews by foreign journalists, rather than as political campaign issues.

For example, Ezekiel Mutua, a state officer, often weaponized homophobia in his drive to censor the arts in the name of morality. In 2016, his office proposed laws with draconian requirements that would have gagged artists using bureaucracy. When the artists protested, Mutua sought the support of the church by justifying censorship as a concern about morality. He was hoping that the public would pick up the fact that one of the prominent faces in the protest against censorship was gay gospel musician Joji Baro.

However, the state’s issue with the arts is not morality; it’s control. Together with the church, the state has always had a fractured relationship with the arts because of the power of the arts to influence society independently of Kenyan institutions. Arts are an intrinsic threat to the “ideology of order.“ Many artists, of whom Ngugi wa Thiong’o is one of the most famous, were persecuted for their creative work. Campaigns against arts education have been led by politicians, the media and the business sector who call the arts irrelevant to the job market, and by the church whose schools expel children for drawings which are dubbed “demonic.” Ruto has repeatedly called arts education the teaching of irrelevant facts such as when Vasco da Gama came to Africa, yet his government is actively trying to coopt artists into the state under the banner of the “creative economy.” Mutua’s appeal to homophobia was therefore an additional alibi for the suppression of the arts.

Mutua once again weaponized homophobia to rally the church to endorse state ban against Wanuri Kahiu’s film Rafiki. Viewing was eventually opened up for a week, apparently to help the film qualify for international film festivals. Thus we see an ambiguity that “morality” faces when the state is confronted with the international arena. A similar ambiguity occurred when CNN journalist Richard Quest, who is gay, visited Kenya, and was a guest of the Jubilee Celebration Centre, one of the quintessential “evangelical” churches of Nairobi.

My focus here is not the cliché intersectionality of struggles of class, gender, religion and sexual orientation, which obviously applies. It is that hostility to women and sexual minorities is intertwined with other forms of incoherence in Kenyan life, including our visceral hatred for the youth which is seen in the violence in schools and in extra judicial killings. To challenge these injustices inevitably touches other live wires of social traumas which may not necessarily be an expression of Evangelicalism, even when they borrow expressions from Evangelicalism.

All this to say that the place of the church in Kenyan politics, and especially what constitutes the “Evangelical” church in Kenya, is more fluid than a Euro-American reading would allow. A rigid subjection of Kenyan Christianity to the framework of European secular thought or American Christian fascism, hides the impact of US militarism and capitalism on Kenya through the suffocation of cultures, diversity and ideas. More than that, it is largely a project of intellectual class.

The obsession of the Kenyan middle class with enforcing Enlightenment secularism is an intellectual tragedy of major proportions.

Ruto’s Christianity

Ruto’s faith and political career also demonstrate these ambiguities. In the run up to the 2010 constitutional referendum, for example, Ruto was the most prominent politician in the “No” camp against the constitution, but his interest was largely driven by his own political ambitions. More strange is that his opposition to the constitution was that it was not capitalist enough on the land question.

Meanwhile, the Kenyan pastors who waged war against the constitution voiced their concerns as moral concerns about abortion, and they argued that the inclusion of the Kadhi courts in the constitution went against the principle of secularism because it promoted Islam. The deal with the Kadhi courts was a political one made before independence to maintain Kenya’s Indian Ocean coastline as part of Kenya, but the evangelical clergy chose to ignore the politics and restrict the question to religion. What’s ironic is that now, the same clergy who claimed to be concerned about secularism in 2010 are now asking for state appointments. American evangelicals had sponsored some Kenyan pastors to oppose the constitution, on the claim that the constitution promoted abortion and homosexuality, as an extension of America’s own cultural politics.

During the referendum campaigns, therefore, Ruto and the clergy were largely partners of convenience. Mark Kariuki, who would pray fifteen years later at Ruto’s swearing in as president, even clarified that “No yao si no yetu” (Their “no” is not our “no”), meaning that Ruto and the clergy may have been on the same side against the constitution, but for different reasons.

The moral posturing of the clergy was not enough to persuade Kenyans to forget the legal and political agendas that had brought Kenya to this new constitutional moment. Contrary to their expectations, Kenyans – many obviously Christian – ratified the constitution. To date, many Evangelicals, especially professionals, carry that rejection of the clergy’s position as a trauma, as one member of that group inadvertently informed me.

The greater manifestation of Ruto’s faith is in his economic thinking. Four years ago, Kenyan journalist Christine Mungai wrote a brilliant analysis of Ruto’s “gangster theology,” arguing that Ruto’s camaraderie with evangelical churches was a tactical strategy in propping himself up as a hustler. To distinguish himself from Uhuru Kenyatta as a dynasty, Ruto had to portray himself as a person who pulled himself by the bootstraps to become a politician of national prominence. His religion therefore needed to reflect that image of “Kenyan ordinariness.” Aligning himself to a mainstream, stiff-necked institutional church would have been detrimental to his image. He had to align himself with pastors who had begun their churches in abandoned buildings with a few congregants before they became wealthy heads of mega churches.

Despite rooting for hustlers, Ruto is no socialist, as the West initially feared. He hates the arts and believes that science, technology and finance, not social change, are the solution to Kenya’s economic challenges. He has called arts and humanities education useless knowledge that has no relevance to Kenya’s problems. As such, his answer to crippling economic inequality has been to avail cheap micro-credit to the poor, otherwise dubbed as the “Hustler fund,” and promise very little in terms of social support. If the evangelical God blesses individuals for the work of our hands, then that theology perfectly aligns itself with micro-credit as a route out of poverty. It is up to the poor to “work hard” using the loans they receive, albeit at high interest rates, in the same way that Ruto says he rose from a chicken seller to become president, and in the same way pastors became owners of mega churches. In other words, there is an economic, and fundamentally neoliberal logic to the alliance between Ruto and the evangelicals, as opposed to an exclusively cultural, moral and anti-secular one.

To focus on Ruto’s stereotypical answers on women and sexual minorities is therefore to miss the basic gist of Ruto’s politics. That is not to say that the human rights of these groups are not important, or to minimize the spectacular violence that they suffer. It is to point to the socio-economic and political dimensions of this violence – which are the crippling inequality, the narrow public sphere and the cruelty of daily life under neoliberal policies. These dynamics are often obscured when critics engage in moralistic, human rights-centric discourses. Many times, their hard stance locks out potential allies in faith who would also oppose violence against those minorities and would raise concerns about inequality. And most of those who dominate this exclusionary discourse are Kenyans who have received advanced education and are likely to be working in close contact with Western liberal journalists, lawyers and human rights advocates. The possibility that the ordinary Kenyan from outside that class profile, can be religious or not, and can hold politically progressive views, does not feature on their radar, yet those in whose name they speak belong to the same group outside the middle class.

The concern about secularism is largely a form of snobbery that minimizes the sophistication with which ordinary Kenyans without education navigate their lives through religious spaces. For many Kenyans, religion provides the spaces where they can meet without the state shooting them down. It provides the spaces where they get social status and community leadership outside of politics. It’s where they can carry out both traditional and modern rituals like weddings, birth, initiation and death. It’s where they get education, because the government is not providing enough schools and the church has often stepped in to fulfil that role. But many of the Kenyan middle class ignore this material reality and share extreme incidents of abusive pastors, sort of to depict ordinary Kenyans without similar education as stupid for being religious.

A problem within Euro-America itself

This complete misunderstanding of educated Kenyans is a failure of education. The war against arts education, which began during colonial rule and is still waged by Ruto, has denied educated Kenyans a historical understanding of religion, be it in Europe or in Africa. And the greater irony is that Kenyan schools are notoriously religious, despite not teaching anything useful on religion.

As such, educated Kenyans do not understand that the problem here is the fundamentally Euro-American framework in which religion represents the conflict between the traditional monarchy, liberal secularism, fascist conservatism and anti-religion left politics. For Europe, religion has always been read through the lens of the power of the state and its accountability to the people. During feudalism, religion justified the monarchy, and inheritance of power and wealth by birth, as the will of God. After the Reformation, the conflict between Catholics and Protestants was fundamentally a political one on divine rights to power and the people’s right to have a say about power. This new shift caused a lot of bloodshed in Europe, leading to atrocities such as the St Bartholomew Massacre against French Protestants, and the Thirty Years War whose casualties were only rivalled by those of the 20th century great wars.

To protect their revolution from the return of the monarchy, the French literally had no choice but to declare a secular state. Other Western European countries who still have monarchs had to compromise and create state churches, headed by the monarchs, as a compromise to the church’s divorce from Rome. Left politics, which sees religion as a weapon of the ruling class, has been successfully muzzled in Euro-America, especially after the collapse of the Soviet Union. Ironically, many Kenyans who would not normally quote Karl Marx cite his statement on religion as the opium of the masses.

For Europe therefore, Christian denominations are necessarily political positions on the relationship between power and the will of the people. In the United States, however, the religious dynamics are different and reveal a struggle over the voice of faith in social life. While European Christians in the US wanted no ties with the state, they were implicated in dispossession of the indigenous people and in the enslavement of Africans. Slave holders justified the enslavement of Africans as biblical, and during the Civil War, some American churches split, because some argued that slavery was not a religious issue, since justice was not a “fundamental” of faith like baptism and repentance. At the other end of the spectrum, white Christians became abolitionists,. Some like William Lloyd Garrison would cite the book of Isaiah in calling the much venerated American constitution a “covenant with death and an agreement with hell,” after the constitution was amended to institutionally support the enslavement of African peoples.

For the people of African descent, however, expressions of faith are not tied to monarchies and republics but to liberation. For the last four centuries, freedom has been the fundamental spiritual and religious preoccupation of Africans on the continent and in its diaspora. Enslaved Africans sang spirituals as songs of resistance in the plantation. The spark of the Haitian revolution was the Boukman prayer, where the proclamation of freedom was a spiritual articulation about the God “who orders us to revenge our wrongs” and against “the white man’s god who is so pitiless.” The Rastafari movement in Jamaica and the Candomble in Brazil are just some of the many religious articulations that voiced the political aspiration of freedom. In Africa, Kimpa Vita, Simon Kibangu, Elijah Masinde and Lucas Pkech are some of the Africans who used contrapuntal readings of scripture in resisting colonialism.

The civil rights movement in the United States followed the same tradition, for both Martin Luther King and Malcolm X grounded their struggles in faith. If anything, the modern articulation of right-wing, white Evangelicalism has piggy backed on the impact of the liberation theologies and struggles. White racism learned from the victories of the civil rights movement that raw racist ideologies and violence had made the United States a laughing stock of the world and had given credibility to Communism during the Cold War. The American right, led by figures like Paul Weyrich, therefore made a deliberate effort to coopt the Evangelical religion in the fight against the social gains of the civil rights movement while hiding behind the façade of faith and morality. To counter desegregation of schools, the right-wing offered homeschooling and faith schools. In the place of diversity and social welfare, it offered family values. Against the political gains of women, it turned abortion into its rallying cause.

But rather than attack this theology, the Euro-American acolytes of the Enlightenment have blocked the development of theological responses to fascism. In the place of theology, they offer reason, human rights and landmark court cases, claiming that religion automatically made one a conservative, and often implying that peoples of the Global South who wanted to harness religion had failed to decolonize their minds. The silence which they have imposed on emancipatory readings of religion have created space for right-wing, anti-political and hateful theology to gain momentum, and that momentum was used to capture the US Supreme Court. And now, instead of learning their lessons and removing the walls which Eurocentric ideas have constructed around religion, these intellectuals are trying to force African politics and religion into restrictive Eurocentric boxes of constitutionalism and human rights activism.

The anti-colonial alibi

Here at home, educated Kenyans have unsuccessfully tried to adapt European Enlightenment into the framework of anti-colonial struggles. On social media and in their op-eds, their enthusiasm makes them repeat inaccurate facts. A year or so ago, I got into an argument with someone who shared a poster that said that enslaved Africans were forced to read only the bible. I tried to point out that that is not true, that reading in and of itself was forbidden to enslaved Africans. I even urged people to read what Frederick Douglass said about the risks he took to learn how to read. The reaction to my comment was literally hysterical. I was accused of defending Christianity when I was simply stating a fact that slave masters did not want enslaved Africans reading any material, bible or not.

Since then, I’ve noticed many similar posts on social media, such as statements that all enslaved Africans became Christians, suggesting that Africans in the Americas acquiesced to their enslavement because they were stupid enough to accept the white man’s religion. The fact that many of these falsehoods refer to the enslavement in the Americas has made me suspect that these posts are pro-American psyops which are trying to prevent any African connection of religion or spirituality to politics.

My suspicion is strengthened by the way Kenyan theological education was depoliticized in the 1960s. American churches gave scholarships to Kenyan clergy to study biblical studies or missiology instead of theology. In the 1970s, J S Mbiti, whose book “African religions and philosophy” has become a classic, vehemently criticized black theology for being “bitter” and of no use to Africans who now had independent states. Kenyan theological studies are notoriously preoccupied with culture and sociology, rather than with prophetic insights into the impact of state power on ordinary life. This focus on acculturation is consistent with the effort of the US missionaries to distance themselves in Africa from colonial missionaries, and to present American and African Christianities as cultural equals, in order to deflect theological consideration of the role of US economic and military imperialism in Africa. Meanwhile, African and liberation theologies barely feature in the curriculum of Kenyan schools or of the few seminaries that churches have not converted into faculties offering business degrees.

Theology is political

What this middle class activism denies is that interpretation of religion is fundamentally political, because interpretation informs and is informed by decisions we make in society. That reality is not affected by secularism, for as Ali Mazrui said many years ago, the separation between the church and the state does not necessarily translate into a separation between religion and politics. By the same token, blocking discussion of religion is fundamentally political as well, but worse, it depoliticizes people by imposing moral conversations (the goodness of individuals) where there should be political ones (what people should do about power and wealth).

A large part of the Euro-American oversimplification of religion emanates from the Euro-American state’s discomfort with knowledge outside of the rational. Unlike reason, religion and spirituality allow more space for ambiguity, fluidity, contradiction and intersection, which is inconvenient for forms of power that rely on the letter of the law, precision and empirical proof. Add to that racism, which is notoriously impatient with appreciating Africans as complex human beings, and humanity as having limits, especially in the exploitation of the planet. This potent mix produces the misreading of African political theology and an obsession with depicting religious Africans as stupid and colonized.

This delusion leaves the political space for neoliberalism to entrench itself in Kenyan life through religion. To date, there is no pro-poor theology from our pulpits, or pro-poor politics from our political parties, that tackles the question of whether micro-credit is a way out of poverty, or whether deteriorating living conditions should be the price we pay for balancing the economy to please the IMF. Meanwhile, the government is committed to restricting the arts to economics by coopting artists into state appointments, while actively engaging in a war against arts education. The middle class have not understood this larger impact of Ruto’s religion. And the moral superiority with which they refuse to listen to logic is spectacular.

Instead of addressing the plight of the “least of these,” the middle class is wailing about secularism and calling the poor stupid for going to church. So we’re back to the days Fanon described in The Wretched of the Earth, where the native intellectuals equated cultural nationalism with anti-colonialism and missed the larger struggle against exploitation of the majority. The Kenyans who are really blinded by religion are not ordinary ones who are actively religious, but the educated ones who are against religion. It’s an intellectual entanglement so spectacular that would put the emotional entanglement of the Smiths to shame.

This article was first published in Wandia Njoya’s blog.

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