TW: This article contains sensitive and graphic descriptions of abuse, rape and sexual assault.
The stories merge, one woman’s trauma echoed in another’s nightmare. One survivor’s smile waning bearing witness to another’s unhealed wounds. The nods of acknowledgement, the sighs of empathy. They’ve all been there, but they know each one’s hurt stings differently. Some eyes are bright with unshed tears, some are empty, some laughs are of gallows humour, a few of shared wins. Some scars are physical and on display, but the ones that fester most are invisible.
Through in-depth interviews and focus groups with Migrant-Rights.Org, Kenyan women share stories about their life in the Gulf and the wider Middle East. While they all speak of long work hours, poor or no pay, lack of nourishment, and verbal abuse, almost all who have been to Saudi Arabia share tales far more tragic. Rape, sexual assault, torture…every anecdote shared has physical or emotional evidence. The burns, the limps, the breathless gasps, the estranged families.
In a dank, badly lit room in Nairobi, 12 women come together. Four wish to go abroad, and the rest jaded with experience are eager to share. The advice flies around the room thick and fast, accompanied by mirthless laughs.
For what? another asks.
“For accommodating all the insults.”
“Be ready for sleepless nights.”
“There won’t be enough food.”
“Get used to a lot of black tea. A lot. And kubooz.”
“Panadol is your doctor. You have only that, however sick you are, even if you feel like you are dying.”
This draws loud laughs from everyone.
“Expect not to have sanitary towels.”
“Your own soap.”
“Or even drinking water.”
Ruth, who spent two years in Hafar Al Batin and Dammam, Saudi, is brusque with her inputs. “Expect that when your contract ends you won’t be let go easily.
The trauma continues as they arrive home. Many who return without meeting their goal come back to empty homes or hostile environments. A perceived shame for being a victim of abuse.
Like Celestine, who chooses to live away from her young kids. “I am homeless, I live with my friend Feith. I am scared to be with my kids. I am scared the demons in my head will take over and I will kill myself and my kids.”
You will be raped. You will be beaten. No action will be taken. You will have a child as evidence of rape. Still no action. The police, the embassy, the office all collaborate to make you work only. You have no rights.
Her friend Feith sits by her, reaching out with her good hand. The other hand is healing from severe burns inflicted on her by her employer. Feith somehow appears stronger. She escaped and helped Celeste out too.
(Report continues below, after Abuse Beyond Comprehension)
Abuse Beyond Comprehension
Sister Florence is a professional counsellor with Counter Human Trafficking Trust-East Africa (CHTEA). While the organisation has helped many returnees from Lebanon with a seed fund to start a business, Sr Florence has worked with dozens of victims of abuse who have returned from the Gulf states, including those that Migrant-Rights.Org helped repatriate.
The highly traumatised are taken to a safe house on arrival. “I meet them twice a day, as they need constant support. At least at the beginning. When they are in a good-ish place, we reduce the sessions.”
However, their families don’t always accept them.
“We have victims of trafficking from other countries in the world, but none as bad as the ones coming from the Gulf. Especially Saudi,” she says and wonders if it’s because of a clash of culture or misunderstanding. While victims from Europe are usually those trafficked to brothels or into prostitution, in the case of the Gulf, it’s women who go to work in households, she explains.
“Some things are beyond comprehension. Father and sons raping the worker, women standing by and not doing anything…Rape is taboo, but a rape like this is even worse. It is sex slavery. They become objects. They are beaten and burned. They are penetrated with bottles and vegetables. They are also forced into abortions. And if the pregnancy continues they are jailed.”
The taboo is so deep-rooted, that women don’t even use the word ‘rape’. “They will describe everything else. Say bad things happened to them, but the stigma attached to the word is so bad, that they won’t say they were raped. Healing is such a slow and tedious process. Some are suicidal and need to be observed all the time. Once they leave the safe house they still have to be monitored. All of this is resource-intensive, expensive.”
Sr Florence says the trauma women face begins when their documents are confiscated, and then their phones. It weakens them. “It is chipping away at their personality, their humanity. Still, people go, because there are some success stories.”
It’s not just women who are subject to sexual assault and rape. “I have also spoken to some men. They’ve been sodomised. Abused. But they keep quiet. They are working as watchmen or in construction. They don’t talk about it. They suffer in silence. Then they end up with problems of substance abuse, alcohol, drugs, being suicidal, unable to cope with what they’ve endured.”
She is critical of the whole anti-trafficking agenda for leaving men out. “There are safe houses only for women and children? What about the men? Even if trafficked they are seen as victims of labour abuse alone.”
(Continuation of report)
Despite what she went through, it’s Feith who provides succour to Celestine,28, whom Feith feels had it worse. As if torture needs to be graded.
The two women went to Saudi at the same time with the same agent. Celestine ended up in Hafar Al Batin in the east of the kingdom, not far from the Kuwait and Iraq borders. Things were not so bad for Celestine to begin with. “They gave me food. I worked 8 to 8. They treated me well.”
After two weeks, the husband started coming on to her, barging into her room, and knocking on the door when she would go for a shower. She informed the agent in Kenya, who did nothing. She could not tell the wife, who had told Celestine at the very beginning that if baba touched her, she (the wife) would hurt her.
“The man started coming to my room with a gun. On 3 February (2020), the lady was not home. He came and raped me. And he continued raping me over the coming months until November. In the fifth month, he raped and hit me with the gun on the head and I fainted.”
She was taken to the hospital but warned not to complain to anyone. She was sent back home with medicine and the sexual assault continued. “He would also hit me. There are marks all over here [patting her stomach, chest, genitals]. He would stomp my genital area with his boots. Then he started anal rape too. I would scream and cry in pain.”
They would never miss a prayer but would come back from the prayers and mistreat you.
She finally called Feith, who advised her to run away since the agent was of no help.
One evening as Celestine was deliberating her escape, the employer brought home six men and they threatened to rape her, kill her and dispose of her in trash bags. “I just ran. I found my way to the office. They called the police, but the police asked me to go get evidence from the same family. The agent said the same. I refused. They beat me and sold me to the brother of the employer.”
Celestine’s tone is flat and her voice soft as she recounts the months of horror, but silent tears fall steadily through the one-hour conversation. Feith asks her in Swahili if she would like to stop. She pauses for a sip of water and insists on continuing.
At the new house there were 30 people, she says. By then, all her injuries were infected, with pus oozing out, and no medication — none of which was considered evidence. Here again, she worked from 6 am to 3 am, with hardly any food and no pay.
“On 29 November, the son came to my room to rape again and started beating me. Now the bleeding was heavy (points to her genital area). They then served some food with something green in it and said it was medicine for Covid. A child in the house came and told me don’t eat that. A 10-year-old boy. He said it was poison.”
[Feith interjects. “Children save lives. So often they come and help.”]
Celestine developed terrible stomach pain and bleeding, as she had eaten some morsels. She was taken to the hospital. Finally, she was sent to the agency office, where she was locked up with other Africans with similar cases. “We all ran away to the police somehow. And they helped repatriate us in February 2021.”
The poison has affected her liver. The abortions she was forced to have, and other injuries from the beatings she received, have also impacted her health and made it impossible for Celestine to work. She receives some help through church groups but says she is still haunted by what happened.
“Therapy is taking time to heal. When I shower and see my scars, everything unravels again. It’s too difficult. I feel so dehumanised. My mind is not working,” she says.
All the returnees have some version of the sexual harassment they faced.
Sophia, who did a short stint in Saudi before escaping abuse and overwork, spent another three years in Qatar. “It was slightly better… I worked in different households. But everywhere you face sexual harassment. In the household, when you go out with the driver. Babas asking for massages. You have to be smart and resourceful to escape all this, but you don’t always succeed.”
“And the men in the house, every chance they get, they show their ‘pee pee.’ Absolutely no peace of mind. Can’t even sleep,” says Peris, who worked in Dubai.
Atieno, 26, went to work in Tabuk in 2018 but had to escape after three months. “Though the household was small, the man kept trying to sleep with me, was sexually harassing me. When I told the wife she got so angry she beat me and didn’t give me food. How is it my fault?”
Afraid the situation would continue to escalate, she managed to go to the police and contact the Kenyan embassy with the help of her friends.
“I had friends who helped and guided me. But many don’t have that support. They even kill themselves in desperation. In that house, the husband was molesting me. I screamed and he beat me. He did bad things. When I wanted to file a police complaint I was told it was expensive, so I did not. I already have a child I am struggling to take care of, and when that man did things to me I was scared of pregnancy. And even more scared of being killed. I am still dealing with what I went through.”
At the detention centre, you are raped… if you become pregnant they try to send you back quickly. If you have a child there you are stuck.
“You sleep with dead bodies; the detention centre is a brothel”
Vinne, a single mother who now works with other victims of abuse, listens to the group of women she brought together to share their stories (see Sisterhood of Survivors). She chips in with her views every now and then but watches closely as others grapple to say what they wish. Her voice is low, belying only briefly the feistiness within. Once the group disperses, she takes a seat to share her story.
“I grew up in Kibera, the largest slum in Nairobi. I was 24 and an agency offered me a job in 2014. I didn’t have to pay a single cent. I was supposed to go to Dubai via Mombasa and was told I will be paid KES35000 (US$295). I ended up in Saudi. The thing is, your business with agents ends the minute you depart the country.”
After three days at the Jeddah airport, her boss picked her up. “It was a big house, and the work hours were long. The language was a challenge. There was another Kenyan working there too.”
The work she could manage, but the overtures from the men of the household was a different challenge.
“The man and his sons were sexually harassing me all the time. I complained to the madam but she wouldn’t believe me. I was threatened at gunpoint by the men. One day they were all out, and the eldest son attempted to rape me. We fought. I hit him with a heavy object I found near me. When madam returned the son complained and said he wanted me out of the house. But they kept me and the harassment continued daily.”
Four months later Vinne decided to escape. She took the opportunity to throw the garbage out to run away, along with the household’s other worker, Martha. Martha was caught. Vinne kept running until she ran into a man who offered to help her, and took her to a detention centre in the Al Rehab district of Jeddah.
“There, I regretted running away. Because that is where you saw people dying every day. You just see that, and there’s nothing you can do. You even sleep with dead bodies next to you. And there’s not enough food. No one cares.”
“These security guys want to have sex with you. In Saudi, it is so hard for men to interact with women because it is against their culture also, so this is the opportunity they get to sexually harass you and you are helpless and you can’t do anything. I became so sick. I was in the centre for two months and got pregnant due to sexual harassment.”
She says the embassy never came to her aid in the centre. When her family complained in Kenya, they said they couldn’t trace her. “I can’t forget that centre. People were dying. Fighting for food. Being raped. And no one to help us.”
Vinne recalls men coming to the shelter/centre and raping the inmates. “It’s just like a brothel, if you want to sleep with anyone this was your centre.”
She believes she was deported quickly because she got pregnant.
“When I returned to Kenya I was in the hospital in Kenyatta for four months, then was connected to the organisation Kudeha who helped me. They gave me support. Connected me to other organisations. My son is 6 years old now. In school. He does not even have an origin. I don’t know who his father was.”
Panadol is the fix. You can be dying, and they will give you panadol. However ill you are, you are not worth more than a strip of panadol.
Burdened with work and panadol as a panacea
Feith (31) went to Saudi just before the pandemic hit, in December 2019, the same time as her friend Celestine. She landed in Dammam and was taken to Arar, a city in the northern part of the Kingdom near the Iraq border.
She had to undergo a 14-day pre-departure training course and obtain a good conduct certificate in order to migrate. “The minute you land everything you were trained for vanishes. You are ‘dumb’ the first day.” It doesn’t help that the workers are given little to no time to acclimate to their new environment and are expected to hit the ground running as soon as they arrive. And the good conduct certificate means nought, as the employer’s conduct remains unchecked.
“The work hours were so long, and you had to survive on leftover food. My contract said I would be working for a family of four, but I lost count of the number I saw there. There were five families. My boss, his family, his mother, brother, mother-in-law… Another worker came the next year. We both still worked 17-18 hours. And we had to cook for their catering business,” recounts Feith.
While she was paid monthly, everything else about the job was taxing on her physically and mentally. With the first salary, she bought a phone and hid it. “When they first checked they saw I had two phones, they expect you to have two. So I made sure I had another.” That foresight would stand her in good stead when things went south.
“Every time we fell sick we were given Panadol. Once I was so ill I could not stand. There was severe pain here,” she says indicating the right hip which to date poses a problem. She tried contacting the agent in Kenya to no avail. Finally, on the fourth day of excruciating pain, she was taken to the hospital. “I told the doctor about my pain, they wanted me to do a scan the next day, before treating, and told my boss too. But they took me home and got me a strip of Panadol. I wanted to rest, but they made me cook for the catering business they ran.”
The following day Feith had to go to the hospital again for a blood and urine test, and once again, she was not allowed to wait to get the scan done. She had to go back home to cook for the catering clients.
“If you complain you get beaten.” Feith had posted on Facebook three days earlier about being ill. There were suggestions that she should run away as a last resort. The next day after preparing the morning meals, she made a dash. “I took my phone and put it inside my panty, took my blanket, and ran from the house. It was 12 noon. I walked in the heat, all the signs were in Arabic. One old man who saw me asked ‘binti (daughter), where are you going?’ He gave me water and called the police who came immediately. I had only my contract, but no passport or ID.”
The police called her employer and instructed them to bring her passport and iqama, took copies, and asked them to take her to the hospital or to the agency office. When they took her back home, Feith assumed it was to take her things and put her on a bus to the office in Hafar Al Batin, which was 12 hours from Arar by bus.
“But Baba demanded my phones and beat me up so severely. He said, ‘no police, no office, no hospital, the doctor said you are ok.’ They forced me to go cook.”
While she was cooking, the employer started ranting at her again, looming over her from behind – ‘You are here to work not to be sick. In Saudi, there is no sickness. I buy you, you are my property.’ As Feith turned to speak to him, he picked up the kettle of hot water and poured it on her.
“I felt nothing, they burnt my right arm. I was numb. I was doing everything and yet I was being treated badly. I went to the bathroom and took out my secret phone, took a photo of my arm and sent it to my husband. He sent it to the agency, who sent it to the office in Saudi. And they sent the photo to my boss. I told the other Kenyan in the house if I die, tell people. She was new.”
The employer threatened her with a gun and made her record a video statement saying he did not hurt her and it was an accident. The wife warned her not to change her statement. She was later sent to the office, where she was given three options. Work and finish the contract, work for another house, or to pay for a flight and go home. Seeing no reprieve, Feith attempted to run again. She ran by a Red Crescent tent and received some help, but the police returned her to the office again, asking them to resolve her case. “I didn’t get any medical help for my hand. There were some Ugandan women there who tried helping me and said my hand will rot at this rate. That’s when I posted videos on social media, and good samaritans raised money to send me home.”
When Feith arrived in Kenya, it was to an empty home, only to discover the money she had remitted had been spent by her husband, who had taken another wife.
When you run away, take nothing with you. Even if you are going to the police, take nothing. Nothing at all. If not they will accuse you of stealing.
Policing the victims – the weak arm of the law
Like Feith, many of the other women also attempt to seek help from the police. Time and time again, they are sent back to abusive households. Peris,45, who decided to go abroad to make ends meet and put her kids through school after her husband lost his job. She connected with an agent, packed her bags and bid farewell to her family. “I had to do my paperwork and training so I borrowed money from well-wishers and went to Nairobi from Mombasa. I cleared the medical and soon after was put on a flight to Dubai.”
Peris was promised a salary of AED600 (US$165) and that she would work for a small family. She even had a call with her would-be employer. “She said she had two small kids and was pregnant so needed help. I was scared as you hear such bad stories. Speaking to her, I was reassured.”
As soon as she landed in Dubai, the employer took her passport. “You say goodbye to your passport then, you won’t see it again. You have to be prepared for that.”
The surprise didn’t end there. “When I went to the house it was a big family, a big house. I don’t think it was the house of the same lady I spoke to. You don’t work for one family… I was made to work in three houses, all relatives. Taking care of old people too. I worked late into the night.”
She snorts when asked about work hours. “No working hours. No off. You work until the work is done. And the work is never done. You wash utensils for hours and you can barely stand. They just give Panadol if you feel sick. And all you get are leftovers – you eat what remains after they’ve eaten.”
Peris slept on the floor in the same room as the old parents. “They would tap me to wake me up and I had to take the old lady to the toilet. I was on call even through the night. If you complain they say, ‘Africans don’t get tired, Africans are strong’.” [listen]
Unlike her compatriots, Peris didn’t know to hide a spare phone, so she was dependent on the employer to communicate with her family. “Once in two months, they allowed me to call. They would stand right next to me, insist I speak only in English and keep saying ‘Not in your language’.”
Stuck in the homes of her employers, and working in multiple households, she asked to return home after a few months. “They refused to let me return saying they had paid a lot of money to get me. I worked for 8-9 months. Finally one day I ran away. I had nothing on me. I wanted to go to the police. I didn’t even know the name of the family.”
The police checked her records and found out the details of her employer. After a week the family came, spoke in Arabic with the police, and took her back. The police asked her to finish the contract before returning.
“They kept shouting at me, but thank god they didn’t beat me. They said I can’t go anywhere. At the police station, I said I will not work three houses even if they kill me. They just said ‘yalla, yalla’ and sent me back home.”
Once she went back to the employer’s home, Peris stood her ground and refused to work in other homes.
At the police station, she was told if she ran away she would disappear because the family had paid a lot of money for her. “When I asked to be taken to my embassy, they said it wasn’t the rule of their country. When you actually gather courage and manage to run, they still return you to the family? So I fight in my own way. I screamed, rolled (on the floor), and refused to do work. These were my ways of coping.”
Peris continued to work for almost two years until she fell so ill the family sent her back home. “I know what I saw and went through. I don’t wish that for my worst enemy. Tea and bread are all I got to eat. I would just eat what I can while cleaning. I read of people being raped or killed and I thank god nothing like that happened to me. Still, I went through a lot, because you will do anything as a mother to help your children go to school.”
Francina, 37, went to Dammam in 2019. Her workday, like most other domestic workers, stretched from before dawn to after midnight, and it was a huge house with six members. “The treatment during the first three months was not so bad”, she says. “But they would refer to me as khadama and shagala (servant).”
The children she was taking care of started beating her up. “I complained to the mother, she just said kids are mentally ill, so adjust. They were 18, 16, 13 and 4 years old. I tried withstanding all this. There was support from other Kenyan domestic workers on WhatsApp groups.”
She worked for a year and nine months, and her health kept deteriorating. “I tried using the hotline, but the police just called the boss…they have no power over them.” As a last resort, she stopped working and insisted on being taken to the agency. She stayed for another two months there. “So many youngsters in the office there. Domestic workers who run away, with even worse stories. We were made to sleep on the floor. We had to pay for our own food. And all the while the agency made them go work in multiple homes.” Finally, with the help of a Kenyan NGO, she returned home.
Lydia, who worked in Sakaka, Saudi, says “If there is rape, you can’t complain. No one can share. No action is taken. If your boss impregnates you they try to send you back quickly. Once you have a child in the detention centre you are stuck. Can’t go back. No one is imprisoned for rape. Even when there is evidence of children. If you are beaten, no action against the abuser. When you are not paid, no action against the employer. End of the day, you have no rights. Be it at home, immigration, labour office, police station, office or embassy. They are all in collaboration to force people to work and not help them.”
Dehumanised and a diet of black tea with kubooz
From the get-go, Eva’s Saudi experience was fraught with disrespect and disregard. “When my boss picked me up at the airport, the first thing he said was either remove my braid or cut my hair.” (She had braided her hair fresh just before she left Kenya.) She stayed in the store room and worked in a huge house where 12 people lived. “I had to steal food and eat hiding. They gave black tea and kubooz,” she says, with a distaste echoed by many of the other women who were on a diet of tea and bread. She was trapped inside the house and would sneak off to the verandah for her only glimpse of the world outside.
Eva had to work at the employer’s home, his mother’s place, and also the farmhouse they had in the village. After about seven months, she fell very ill and was taken to the hospital. “The nurse asked mamma if they gave me food and rest. They lied and said yes. The nurse said I won’t survive like this, but mamma threw the medicines they gave me in the dustbin.”
Unable to continue working, she pleaded with her boss and was allowed to return to Kenya. She paid for her own way back, and did not receive all the dues she’s owed for her work.
Lydia, 34, says while the agency in Arar gave her passport and contract, it was taken away when she reached the sponsor’s home. She lasted just a month there.
“I was allowed to sleep only for 2-3 hours in the morning. No rest at all. You are recruited to work in one house, then they send you to their parents’ and other relatives’ homes to work there too. I had to strike and refuse to work. They really do not respect you at all. The minute you sit down for a rare meal, usually tea and kubooz, they will call you. Make you work more.”
When she complained, the agency sent a driver to take her to the office where she stayed for two months. “They won’t send you back home. They will find another sponsor. My first sponsor found another sponsor and they got a refund. I was treated well in the second house though a very big family. Then madam got pregnant and things got worse. I had to work from 9 am to midnight.” After 11 months she wanted to leave but was ‘sold’ to a broker.
“A woman called Fauzia. When they didn’t send me back to the office, I alerted my family. Fauzia used me for piece work. One week here, two days there…I told her I don’t think this is legal and that she was a stranger. She realised I was intelligent. She sold me to another house. I worked there for 10 months. Five members, but they made me work in other houses.”
Having spent close to two years in Saudi, Lydia was looking for an out. Her health had deteriorated, and the employers were reluctant to take her to the hospital. Neither the agency nor the embassy responded to her call for help.
“I opted to run to the police. When you run, run with nothing, so you are not accused of theft. The police demanded I show my iqama. I only had a copy. The second sponsor’s ID and details were different. I had moved so many homes…they said my fingerprints were missing in the system. The police called the office. They took me to Sakaka. They couldn’t ascertain my ID.”
She stayed in the office for seven months, three without work. The office refused to release her to the embassy.
At the end of her tether, Lydia took to social media.
“I went to the labour office too. I was fed up. The office, Al Faisal for Recruitment, was treating all of us so badly. Beating us when we refuse to go work elsewhere. I exposed them on Facebook. There were 30 of us from different countries. Even those who finished their contract were being forced to continue.”
Meanwhile, she tried making sense of the bureaucracy.
“They kept telling me my papers were in the labour office but when I went there it wasn’t there. One day I went and met a captain who was sympathetic. They helped me get my ticket and leave. I had my documents on my phone. I wasn’t a runaway. I knew my rights. Not everyone does. But after I exposed the office other women got help too. There was so much mental torture, but I was willing to fight. I expected the embassy to come to my aid, but they did not. The Saudi office was angry I was posting online. The Kenya office is still mad at me.”
She knew her activism came at a cost. “If you are outspoken, you become a danger to these people. I was punished for being outspoken. Others in the office were allowed to leave, but mine was delayed. Before that, I was in the Sakaka detention centre for one month before going to the office. You are at the mercy of the police and the labour officials.”
You can die working or you can die trying to escape. Choose the latter.
Families grapple with uncertainty
Zubeida sits by a dilapidated building near an old railway station in Mirtini, a suburb of Mombasa. She is frantic as her daughter Mona, 24, is stuck in Dubai and her employer is refusing to let her return.
Mona went to Dubai two years ago and was promised a salary of KES300,000. She hasn’t been paid in five months. Though the employer’s family is not big, there is a constant stream of visitors. Her visa was renewed without her consent, and now the employer is demanding compensation to let her go.
“She ran away to the police, but they returned her to the boss. Boss said he had paid for her visa, so not letting her go. She went back to the police after 4-5 months. They are so angry with her that she went to the police. So now they don’t give her salary, and sometimes no food even.”
Stuck between a rock and a hard place, the family is asking her to wait and not run again, fearing she may disappear or land in more trouble.
“I want my child to come back,” pleads Zubeida.
There’s a similar plea from Abbas Omar, wanting his wife back home.
In early May, at the Mombasa office of Haki Africa, an NGO, Omar has been waiting for hours, since 8 am. He has been holding vigil here for several days, hoping the agent who sent his wife Fatima, 38, to Saudi will come to speak to him. Fatima had gone to Jeddah in January this year. She worked for two months but could not continue. Playing her WhatsApp voice notes, Omar says she was being overworked and verbally abused. “The house has three floors and she has to do all the work. And she worked till 3 am and had to be up at 6 am again. And they shout at her all the time. They give her food but keep saying she eats but does no work. It’s mental torture.”
She was returned to the agent after two months, but she is not able to come back to Kenya. “Yousuf (the agent) committed to send her and help her if she is in trouble. Now he does not answer my calls.”
This brings Omar to the NGO Haki Africa, which has been active in advocating for detained and stranded Kenyans and helping with their return. A case officer there says the agent claims the delay in return is due to Ramadan.
Omar plays his wife’s voice notes on repeat. “Now in the agency they give food only once a day and nothing at all the first few days. Just water. Listen, she is crying in these messages that she will die.” He is willing to raise money for her ticket but is lost as to why there has been such a delay.
The case officer says that the embassy staff at the destination do not cooperate. “Unfortunately, they see us as the enemy. Kenyans are kept in detention for long. Embassy not proactive at all. In most cases victims claim neglect. Sometimes they spend even a year in detention centres. With other nationalities, resolution seems quick. On average, it takes 4-5 months to return a Kenyan worker.”
“There’s no passport confiscation in Saudi” – Agent
Later in the afternoon, Yousuf the agent makes an appearance. “I didn’t answer his call because he didn’t know how to talk,” he snaps, refusing to make eye contact with Omar.
“They (workers and their family) don’t understand it’s not easy to just leave there and come back. There are so many processes. A lot of money has been invested. We pay for everything: training, birth certificate, passports.”
He insists things have changed for real in Saudi. “There’s no passport confiscation now. Musaned has changed everything. It keeps track of all parties. Workers and employers and agents are all registered in the system before they leave home. Should be there in other Gulf countries too because we have problems there.” He adds that Qatar and UAE give ‘too much freedom’ to women and the Kenyan workers misuse it.
He is unrelenting in blaming the workers for refusing to adjust. “Before they go we tell them it is not a holiday. They are going there to work. Just do that and come back. They want to leave for small things.”
Pointing to Omar he says, “I tried convincing her to work. How can we spend so much and they just come back? For small issues. We asked her to change jobs, but she has pressure from her husband who doesn’t want to take care of kids.”
The two men exchange angry looks as the case officer steps in to resolve the issue and talk about Fatima’s return.
Yousuf is not done. “It is such a long process to be trafficked…I mean to migrate, how can they just return? Women think they are going for a ride there and want to come back immediately. We need punitive methods for them.”
Footnote: The report was made possible with the help of several organisations in Kenya which work closely with migrant workers in distress. Their contact details are available on our resources page: https://www.migrant-rights.org/resources/
Laws in principle vs in practice and all the pitfalls in between
At 2.15 million square kilometres, Saudi is the largest country in western Asia and the 13th largest in the world. Close to 40% of its 34 million population are migrants. Of the 11.5 million migrant domestic workers worldwide, of whom 27.4 % are in the Arab states. Saudi accounts for the single largest population of migrant domestic workers at 3.7 million.
Yet, this group is excluded from the Kingdom’s labour law protections and the few recent reforms.. The main regulations that apply to domestic workers are:
- Ministerial Decision No. 310 of 1434 on domestic work (known commonly as the domestic work regulations); and
- Ministerial Decision No. 605 of 1438 permitting domestic workers to transfer between employers in certain circumstances.
As per these regulations, the employer is obliged to provide proper food and medical care, and the employer is prohibited from employing a domestic worker outside the employer’s household. The worker is entitled to a paid day off, and a minimum of 9 hours of rest a day. Under the anti-trafficking law of 2009, the employer must not “threaten, defraud, deceive or abduct a worker” or take advantage of a worker’s vulnerability to coerce to consent for the purpose of sexual assault, forced labour, or servitude.
Passport confiscation, wage theft, and forcing a worker to do uncontracted jobs are all indicators of human trafficking, according to Mohammed Al Masri, the secretary general of the National Committee to Combat Human Trafficking, an affiliate of the Saudi Human Rights Commission. The penalties include up to 15 years in prison or a maximum fine of SAR1 million, or both. Yet, these practices are rampant and go unchecked, with little evidence that employers have been booked under the anti-trafficking law.
Workers’ testimonies indicate large-scale violations of these laws and insufficient mechanisms to address these issues.
Access to justice continues to be a major concern, as highlighted in our previous report. The Musaned system, introduced in 2014, was supposed to address some of the issues faced by migrant domestic workers. However, MR’s analysis found that “Musaned is a Saudi initiative concerned with the last legs of the recruitment relay – it does not, and practically cannot, reach as far back as the middlemen, brokers, and other stakeholders that migrant workers and employers encounter before they reach registered agencies in their own countries.”
Even though governments of countries of origin and recruitment agents have access to the system, it only enables access to records and does not directly enhance accountability. “The platform lacks a complaints mechanism for workers, relegating disputes to the existing – and weak – Ministry of Labour and Social Development’s (MLSD) resolution system. Making these records reliably actionable remains a difficult endeavour and one that workers cannot realistically pursue on their own.”
Technically, the system is supposed to make it easier to locate domestic workers, however, with workers being sold internally and put to work in multiple households outside of the main sponsor’s home, traceability also remains an issue.
*Some names have been changed, and only first names have been used in other instances
This article was first published by Migrant Rights.
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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.
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 to “manage 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.
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.
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:
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:
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.
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:
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:
In 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?
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.
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 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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