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Faulty Towers: Why Uhuru’s Housing Plan Is Dead on Arrival

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91 percent of Nairobians are tenants. WIth perhaps the best intentions – to turn slum dwellers and others into homeowners – Jubilee’s affordable low-cost housing agenda ignores a huge body of authoritative research that clearly demonstrates that for urban dwellers, home ownership at ‘home’ is eminently preferable to a house in the big city. By RASNA WARAH. 

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Faulty Towers: Why Uhuru’s Housing Plan Is Dead on Arrival
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The eviction of nearly 30,000 people from Kibera, Nairobi’s largest slum, in the coldest month of the year has left many wondering whether the Jubilee administration is serious about its “Big Four” agenda, whose key pillar is affordable housing, along with manufacturing, universal healthcare and food security. The evictions, which have been taking place to pave way for a road, have left more than 2,000 families homeless and have led to the destruction of eight schools and a children’s home, according to the Star newspaper. The heartless demolitions have laid bare the government’s lack of understanding of the nature of informal settlements and low-income housing in the city, and why solutions to the housing problem must be found within the beneficiary communities, and not in private sector-led initiatives.

As part of its Big Four agenda, the government says it has allocated Sh.6.5 billion to building 500,000 housing units for low-income households across the country; 100,000 of these units are categorised as “social housing” for households earning less than Sh14,499 a month and another 400,000 units are categorised as “affordable housing” for those earning between Sh15,000 and Sh49,999 a month. Housing for households in the Sh.50,000 to Sh99,999 income bracket will supposedly fall under some kind of mortgage scheme. Ten per cent of the funding for the programme is expected to come from the government, 30 per cent is expected to come from the National Social Security Fund and the rest (60 per cent) is expected to come from the private sector.

One of the fundamental problems with this ambitious programme is that it assumes that owning a home is a priority among low-income households in cities such as Nairobi. This has proved to be a wrong assumption time and again. Studies have shown that home ownership is usually at the bottom of the list of priorities among Kenya’s urban poor: most low-income city dwellers are more concerned about getting and keeping a job, and having enough money to pay for food, water, electricity, school fees and other necessities.

Besides, since a large number of low-income people living in Nairobi and other large urban centres are migrants from rural areas, their priority is not owning a home in the city but improving their homes and farms in their villages. Because of lack of adequate affordable housing for the poorest of the urban poor, a large majority of these migrants end up renting shacks (many of which are owned by middle class Kenyans or powerful individuals) in places like Kibera, where they pay rents ranging from between Sh500 to Sh3000 a month. Urban dwellers who view their stay in the city as temporary will not want to get into long-term repayment/mortgage plans that tie their income for lengthy periods.

One of the fundamental problems with this ambitious programme is that it assumes that owning a home is a priority among low-income households in cities such as Nairobi. This has proved to be a wrong assumption time and again. Studies have shown that home ownership is usually at the bottom of the list of priorities among Kenya’s urban poor: most low-income city dwellers are more concerned about getting and keeping a job, and having enough money to pay for food, water, electricity, school fees and other necessities.

While slum life presents several daunting challenges (Nairobi has even gained the dubious distinction of having among the worst slums in the world, with residents having access to few, if any, basic services, such as sanitation and water supply), it allows new migrants and older residents to pay less for housing than they would in an apartment in other low-income neighbourhoods where rents can range upwards of Sh15,000 a month. For a casual labourer earning less than Sh15,000 a month, the latter option is completely out of reach. Slums, therefore, fill a housing need that the government is unable to meet.

Moreover, as a recent World Bank study revealed, the majority of urban dwellers in Kenya rent their housing, and have neither the means nor the inclination to buy or build houses, especially in urban areas. In Nairobi, for instance, where the average monthly income is in the range of Sh26,000, the average household can only afford to pay a monthly rent of about Sh8,000 or about one-third of its income, which is way below what a mortgage would cost for a low-cost house costing, say Sh2 million. In Mathare, for example, ownership schemes have failed because the residents simply didn’t have the means to make the repayments.

The study, published in 2016, found that 91 percent of households in Nairobi are tenants and only 8 per cent of them either own the structure (but not the land) they live in or own both the land and the structure. The same study also revealed that about 60 percent of urban dwellers in Kenya live in one-room units that could qualify as a slum household as they lack one of more of the following: running water in the unit or building; permanent walls; a toilet shared by fewer than 20 people; and sufficient sleeping space. From a policy perspective, it is clear that what is needed is not more home ownership (which is in any case beyond the reach of the majority of people living in the city) but more affordable rental units that allow these people to move out of slum conditions.

Moreover, as a recent World Bank study revealed, the majority of urban dwellers in Kenya rent their housing, and have neither the means nor the inclination to buy or build houses, especially in urban areas. In Nairobi, for instance, where the average monthly income is in the range of Sh26,000, the average household can only afford to pay a monthly rent of about Sh8,000 or about one-third of its income, which is way below what a mortgage would cost for a low-cost house…

In most advanced industrialised countries, the shortfall in affordable housing is usually met by what is known as social or public housing, which is subsidised housing that is targeted at those low-income or vulnerable groups that cannot afford housing at market rates. In most European countries, social housing is subsidised and managed by the government or the local authority, which collects the below-market rents from tenants and which is also responsible for things like maintenance and cleanliness.

Although high-rise social housing in places such as London has often been referred to as “vertical slums” because of its poor quality and human-unfriendly designs – epitomised by the 24-storey Glenfell Towers in London, which burnt down in June 2017, killing 72 people and injuring several others – this type of housing has helped prevent many families from sinking into homelessness.

In the 1960s and ‘70s there were many such City Council housing units in Nairobi: the advantages of living in such accommodation included affordable rents and access to essential services, such as garbage collection and water. Security of tenure was also assured as the authorities had to make a strong case for evicting the occupants. Low or middle cadre civil servants, among others, were usually the main beneficiaries of such housing.

With the move towards privatisation and public-private partnerships (PPPs) in the 1980s and ‘90s, such housing lost favour in policy circles worldwide, mainly because of the costs involved and a general trend within international development agencies to promote free markets and liberalisation. Governments were encouraged to create “an enabling environment” to allow people to build and own their own homes by putting in place the policy and legal frameworks that would “enable” people to own houses with the help of the private sector – a concept encapsulated by Public-Private-Partnerships.

However, as a report commissioned and published this year by the NGO Hakijamii has noted, public-private partnerships carry enormous risks in a country like Kenya as they could ultimately end up benefiting the middle classes, not those who are most in need of low-cost housing. Corruption is another factor to consider in Kenya, where tenders for such large-scale government projects end up benefiting politically-connected individuals and their godfathers and where cutting corners is part of the deal. It is not hard to imagine a scenario where the proposed low-cost housing units will be allocated to politically influential individuals or will be “sold” to undeserving cousins, sisters and uncles of government officials in charge of the programme.

The 1980s also saw a rise in so-called “sites and services” and “slum upgrading” projects, most of which have a record of failure because they did not consider the priorities of the beneficiaries or because their designs were flawed. In Kibera, for instance, the Kenya Slum Upgrading Programme, a joint project of the Government of Kenya and UN-Habitat, saw beneficiaries selling off their units and moving back to the shacks they came from. If the new home owners had been encouraged to form a cooperative that prevented them from selling off the units, this scenario might not have emerged. Those who are familiar with the project have also reported that many services, such as water, are not regular. It has also been reported that the Kibera slum upgrading project did not solve the problem of overcrowding as beneficiaries rented out some of the rooms in their apartments in order to afford the repayments – a practice that the project’s designers apparently encouraged.

Moreover, the design and construction of these high rise multi-storey apartment buildings did not consider that home-based enterprises are the livelihoods of a majority slum dwellers, so open areas and street-level stalls should have been part of the design and architecture. In cities such as Mumbai, beneficiaries of housing projects have been known to move out because they cannot sell their wares, such as cooked food, vegetables and other items, from the third floor of a building. (This is why a high-rise market proposed for hawkers and petty traders in Nairobi is likely to fail.) Slum upgrading programmes in other countries have also not been successful because they failed to consider that residents want to live near where they work – if they are moved to peri-urban areas that are far from where they work, they tend to move back to slums that are near their place of employment.

Many urban poor communities, especially in low-income countries, prefer housing that allows them to conduct business as well. Single-storey housing with shared courtyards are, therefore, preferred. This type of housing was very prevalent in Asian-dominated neighbourhoods such as Pangani in Nairobi decades ago. Several families would rent rooms situated around a common yard where all the families could cook, wash clothes and carry out other household chores. Open spaces are also important to reduce indoor air pollution caused by the use of charcoal or kerosene for cooking – a common practice among low-income families in Kenya. This is why community participation and involvement is critical before such projects are initiated.

Slum upgrading in places such as Kibera and other slums in Nairobi is further complicated by the fact that the majority of the residents are tenants, not squatters i.e. they did not invade public or private land and did not build the structures they live in. In Kibera, most of the land is public and the structure owners are private individuals who obtained permission to build on the land through patronage networks involving local chiefs. In such cases, the question arises of who should benefit from the slum upgrading project: the government (which could recoup its slum upgrading investments through rental income), the structure owner (who should ideally be compensated for the loss of the structure, even if it is just a mud-and-tin shack) or the tenant (who may or may not want to own a home in the slum because he or she has aspirations to move out of the slum eventually or to go back to his or her rural home)?

In Kibera, most of the land is public and the structure owners are private individuals who obtained permission to build on the land through patronage networks involving local chiefs. In such cases, the question arises of who should benefit from the slum upgrading project…

A study in the UK in the 1990s found that “cooperatives provide more effective housing management services with usually better value for money and deliver wider non-quantifiable social and community benefits”. Cooperatives also foster consultation and public participation, core values of Kenya’s constitution.

One of the reasons put forward by international development experts for encouraging home ownership is that it is the most reliable way of ensuring security of tenure, and encourages home owners to invest in and improve their houses. (Yet, it is important to note that even in the most advanced countries, such as Germany and Sweden, the majority of people rent rather than own their housing.) In his book The Mystery of Capital: Why Capitalism Triumphs in the West and Fails Everywhere Else, Hernando de Soto argues that because property ownership is the foundation upon which capitalism thrives, the poor must be encouraged to own their assets (namely, property) which they can then use to invest in businesses (for example by obtaining a loan against the title deed). This thinking is what has probably propelled the government of Kenya to take the home ownership route to affordable housing.

To bring down the cost of such housing for both rent and ownership, housing units could be made of low-cost materials rather than the expensive stone and concrete that is demanded by Kenya’s ridiculously high housing standards. People could be encouraged to form cooperatives so that the costs are shared and to ensure that the housing benefits the real beneficiaries, not others.

But, as I have tried to argue, home ownership is not the top priority among low-income urban households. Social housing provided by county governments could be an option but the cost of subsidising such housing could prove to be unsustainable in the long term. However, if properly managed, this option is practical if rental income from it can bring in steady and substantial revenue for county governments – and if corruption is not allowed to derail the project. But for this to happen, the right policy and legal frameworks need to be in place, both for county and national governments.

On the other hand, if public-private partnerships remain the most viable option, then the emphasis should be on low-cost rental housing or cooperative housing, not individual ownership. The longer term aim, of course, should be to improve the incomes of all Kenyans so that city dwellers are able to afford the the kind of housing they choose to live in, and are not forced to move into shantytowns because there are no other affordable options.

We must also consider that the government’s ambitious housing project may become a victim of Kenya’s deadliest disease – corruption – which could stall or distort efforts to make affordable housing available to those who need it most.

Rasna Warah
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Rasna Warah is a Kenyan writer and journalist. In a previous incarnation, she was an editor at the United Nations Human Settlements Programme (UN-Habitat). She has published two books on Somalia – War Crimes (2014) and Mogadishu Then and Now (2012) – and is the author UNsilenced (2016), and Triple Heritage (1998).

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What Kenyans Have Always Wanted is to Limit the Powers of the Executive

As Kenya’s political class considers expanding the executive branch of government, no one seems to be talking about restricting its powers.

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What Kenyans Have Always Wanted is to Limit the Powers of the Executive
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The tyranny of numbers, a phrase first applied to Kenyan politics by one of Kenya’s most well-known political commentators, Mutahi Ngunyi, was repeated ad nauseum during the week of waiting that followed Kenya’s 2013 general elections.

In ads published in the run-up to the 2013 elections by the Independent Electoral and Boundaries Commission (IEBC), people were told to vote, go home and accept the results. Encouraged by a state that had since the 2007 post-electoral violence dominated public discourse and means of coercion, the military pitched camp in polling stations. Many streets in Kenya’s cities and towns remained deserted for days after the polls closed.

According to Ngunyi, the winner of the 2013 elections had been known four months earlier, that is, when the electoral commission stopped registering voters.

In a country whose politics feature a dominant discourse that links political party and ethnicity, the outcome of voter registration that year meant that the Uhuru Kenyatta and William Ruto-led coalition, the Jubilee Alliance, would start the electoral contest with 47 per cent of the vote assured. With these statistics, their ticket appeared almost impossible to beat. For ethnic constituencies that did not eventually vote for Uhuru Kenyatta – the Jubilee Alliance presidential candidate in 2013 – a sense of hopelessness was widespread.

For them, a bureaucratic, professionalised, dispassionate (even boring) discourse became the main underpinning of the 2013 elections.

This was not the case in 2017.

Uhuru Kenyatta, pressured by opposition protests and a Supreme Court ruling that challenged his victory and ordered a re-run, met with Raila Odinga – his challenger for the presidency in the 2013 and 2017 elections – and offered a settlement. It became known as the Building Bridges Initiative (BBI).

In his 2020 Jamhuri Day speech, Uhuru reiterated that the purpose of the BBI process is to abolish the winner-takes-all system by expanding the executive branch of government.

As he explained it, the challenge to Kenya’s politics is the politicisation of ethnicity coupled with a lack of the requisite number of political offices within the executive branch that would satisfy all ethnic constituencies – Kenya has 42 enumerated ethnic groups.

The revised BBI report that was released on 21 October 2020 (the first was published in November 2019) has now retained the position of president, who, if the recommendations are voted for in a referendum, will also get to appoint a prime minister, two deputy prime ministers and a cabinet.

Amid heckles and jeers during the launch of the revised BBI report, Deputy President William Ruto asked whether the establishment of the positions of prime minister and two deputy prime ministers would create the much sought-after inclusivity. In his Jamhuri Day speech, the president conceded that they wouldn’t, but that the BBI-proposed position of Leader of Official Opposition – with a shadow cabinet, technical support and a budget – would mean that the loser of the presidential election would still have a role to play in governance.

One could not help but think that the president’s statement was informed by the fact that Odinga lost to him in both the 2013 and 2017 presidential elections –  this despite Odinga’s considerable political influence over vast areas of the country.

The 2010 constitution’s pure presidential system doesn’t anticipate any formal political role for the loser(s) of a presidential election. Raila held no public office between 2013 and 2017, when he lost to Uhuru. This did not help to address the perception amongst his supporters that they had been excluded from the political process for many years. In fact, Raila’s party had won more gubernatorial posts across the country’s 47 counties than the ruling Jubilee Alliance had during the 2013 elections.

While Raila’s attempts to remain politically relevant in the five years between 2013 and 2017 were largely ignored by Uhuru, the resistance against Uhuru’s victory in 2017 wasn’t.

The anger felt by Raila’s supporters in 2017 following the announcement that Uhuru had won the elections – again – could not be separated from the deeply-entrenched feelings of exclusion and marginalisation that were at the centre of the violence that followed the protracted and disputed elections.

The reading of Kenyan politics that is currently being rendered by the BBI process is that all ethnic constituencies must feel that they (essentially, their co-ethnic leaders) are playing a role in what is an otherwise overly centralised, executive-bureaucratic state. This is despite the fact that previous attempts to limit the powers of the executive branch by spreading them across other levels of government have often invited a backlash from the political class.

Kenya’s independence constitution had provided for a Westminster-style, parliamentary system of government, and took power and significant functions of government away from the centralised government in Nairobi, placing significant responsibility (over land, security and education, for instance) in the hands of eight regional governments of equal status known in Swahili as majimbo. The majimbo system was abolished and, between 1964 to 1992, the government was headed by an executive president and the constitution amended over twenty times – largely empowering the executive branch at the expense of parliament and the judiciary. The powers of the president were exercised for the benefit of the president’s cronies and co-ethnics.

By 2010 there was not a meaningful decentralised system of government. The executive, and the presidency at its head, continued to survive attempts at limiting their powers. This has continued since 2010.

As Kenya’s political class considers expanding the executive branch of government, no one seems to be talking about restricting its powers.

Beyond the minimum of 35 per cent of national revenue that the BBI report proposes should be allocated to county governments, it is less clear whether the country’s leaders are prepared to decentralise significant powers and resources away from the executive, and away from Nairobi.

Perhaps the real solution to the challenges of governance the BBI process purports to address is to follow the prescriptions of the defunct Yash Pal Ghai team – it went around the country collecting views for constitutional change in 2003-2004.

According to a paper written by Ghai himself, the Ghai-led Constitution of Kenya Review Commission (CKRC) had no doubt that, consistent with the goals of the review and the people’s views, there had to be a transfer of very substantial powers and functions of government to local levels.

The CKRC noted – much like Uhuru Kenyatta and Raila Odinga now have – that the centralised presidential system tends to ethnicise politics, which threatens national unity.

Kenyans told the CKRC that decisions were made at places far away from them; that their problems arose from government policies over which they had no control; that they wanted greater control over their own destiny and to be free to determine their lifestyle choices and their affairs; and not to be told that they are not patriotic enough!

Yes, the BBI report has proposed that 5 per cent of county revenue be allocated to Members of County Assemblies for a newly-created Ward Development Fund, and that businesses set up by young Kenyans be exempted from taxation for the first seven years of operation. However, this doesn’t amount to any meaningful surrender of power and resources by the executive.

In emphasising the importance of exercising control at the local level, Kenyans told the CKRC that they wanted more communal forms of organisation and a replacement of the infamous Administration Police with a form of community policing. They considered that more powers and resources at the local level would give them greater influence over their parliamentary and local representatives, including greater control over jobs, land and land-based resources.  In short, Kenyans have always yearned for a dispersion of power away from the presidency, and away from the executive and Nairobi. They have asked for the placing of responsibility for public affairs in the hands of additional and more localised levels of government.

This is what would perhaps create the much sought-after inclusivity.

But as the BBI debate rages on, the attention of the political class is now on the proposed new positions within the executive branch. And as the debate becomes inexorably linked to the 2022 Kenyatta-succession race, questions centring on political positions will likely become personalised, especially after the political class cobbles together coalitions to contest the 2022 general elections.

Meanwhile, ordinary Kenyans will be left battling the aftermath of a pandemic, and having to deal with the usual stresses brought on by a political class seeking their votes for another round of five years of exclusion.

The more things change, the more they remain the same.

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Democracy for Some, Mere Management for Others

The coming election in Uganda is significant because if there is to be managed change, it will never find a more opportune moment.

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Democracy for Some, Mere Management for Others
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Western powers slowly tied a noose round their own necks by first installing Uganda’s National Resistance Movement regime, and then supporting it uncritically as it embarked on its adventures in militarism, plunder and human rights violations inside and outside Uganda’s borders.

They are now faced with a common boss problem: what to do with an employee of very long standing (possibly even inherited from a predecessor) who may now know more about his department than the new bosses, and who now carries so many of the company’s secrets that summary dismissal would be a risky undertaking?

The elections taking place in Uganda this week have brought that dilemma into sharp relief.

An initial response would be to simply allow this sometimes rude employee to carry on. The problem is time. In both directions. The employee is very old, and those he seeks to manage are very young, and also very poor and very aspirational because of being very young. And also therefore very angry.

Having a president who looks and speaks like them, and whose own personal life journey symbolises their own ambitions, would go a very long way to placating them. This, if for no other reason, is why the West must seriously consider finding a way to induce the good and faithful servant to give way. Nobody lives forever. And so replacement is inevitable one way or another.

But this is clearly not a unified position. The United Kingdom, whose intelligence services were at the forefront of installing the National Resistance Movement/Army (NRM/A) in power nearly forty years ago, remains quietly determined to stand by President Yoweri Museveni’s side.

On the other hand, opinion in America’s corridors of power seems divided. With standing operations in Somalia, and a history of western-friendly interventions in Rwanda, the Democratic Republic of Congo, South Sudan, and even Kenya, the Ugandan military is perceived as a huge (and cut-price) asset to the West’s regional security concerns.

The DRC, in particular, with its increasing significance as the source of much of the raw materials that will form the basis of the coming electric engine revolution, has been held firmly in the orbit of Western corporations through the exertions of the regime oligarchs controlling Uganda’s security establishment. To this, one may add the growing global agribusiness revolution in which the fertile lands of the Great Lakes Region are targeted for clearing and exploitation, and for which the regime offers facilitation.

Such human resource is hard to replace and therefore not casually disposed of.

These critical resource questions are backstopped by unjust politics themselves held in place by military means. The entire project therefore hinges ultimately on who has the means to physically enforce their exploitation. In our case, those military means have been personalised to one individual and a small circle of co-conspirators, often related by blood and ethnicity.

However, time presses. Apart from the ageing autocrat at the centre, there is also a time bomb in the form of an impoverished and anxious population of unskilled, under-employed (if at all) and propertyless young people. Change beckons for all sides, whether planned for or not.

This is why this coming election is significant. If there is to be managed change, it will never find a more opportune moment. Even if President Museveni is once again declared winner, there will still remain enough political momentum and pressure that could be harnessed by his one-time Western friends to cause him to look for the exit. It boils down to whether the American security establishment could be made to believe that the things that made President Museveni valuable to them, are transferable elsewhere into the Uganda security establishment. In short, that his sub-imperial footprint can be divorced from his person and entrusted, if not to someone like candidate Robert Kyagulanyi, then at least to security types already embedded within the state structure working under a new, youthful president.

Three possible outcomes then: Kyagulanyi carrying the vote and being declared the winner; Kyagulanyi carrying the vote but President Museveni being declared the winner; or failure to have a winner declared. In all cases, there will be trouble. In the first, a Trump-like resistance from the incumbent. In the second and the third, the usual mass disturbances that have followed each announcement of the winner of the presidential election since the 1990s.

Once the Ugandan political crisis — a story going back to the 1960s — is reduced to a security or “law and order” problem, the West usually sides with whichever force can quickest restore the order they (not we) need.

And this is how the NRM tail seeks to still wag the Western dog: the run-up to voting day has been characterised by heavy emphasis on the risk of alleged “hooligans” out to cause mayhem (“burning down the city” being a popular bogeyman). The NRM’s post-election challenge will be to quickly strip the crisis of all political considerations and make it a discussion about security.

But it would be strategically very risky to try to get Uganda’s current young electorate — and the even younger citizens in general — to accept that whatever social and economic conditions they have lived through in the last few decades (which for most means all of their lives given how young they are) are going to remain in place for even just the next five years. They will not buy into the promises they have seen broken in the past. Their numbers, their living conditions, their economic prospects and their very youth would then point to a situation of permanent unrest.

However, it can be safely assumed that the NRM regime will, to paraphrase US President Donald Trump, not accept any election result that does not declare it the winner.

Leave things as they are and deal with the inevitable degeneration of politics beyond its current state, or enforce a switch now under the cover of an election, or attempt to enforce a switch in the aftermath of the election by harnessing the inevitable discontent.

Those are the boss’ options.

In the meantime, there is food to be grown and work to be done.

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Uganda Elections 2021: The Elephant Website Blocked Ahead of Poll

For about a month now, some of our readers within Uganda have been reporting problems accessing the website. Following receipt of these reports, we launched investigations which have established that The Elephant has been blocked by some, though not all, internet service providers in the country.

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Uganda Elections 2021: The Elephant Website Blocked Ahead of Poll
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Dear Readers/Viewers,

For four years now, The Elephant has been one of the premier online sources of news analysis in the East African region with a fast-growing readership across the African continent and beyond.

For about a month now, some of our readers within Uganda have been reporting problems accessing the website. Following receipt of these reports, we launched investigations which have established that The Elephant has been blocked by some, though not all, internet service providers in the country.

We have further ascertained that the directive to do so came from the Uganda Communication Commission (UCC) and was implemented beginning 12 December 2020, when we noticed a sudden traffic drop coming from several providers in Uganda, including Africell and Airtel. A forensics report, which provides technical details on the blocking, is available here.

We have written to the UCC requesting a reason for the blocking but are yet to receive a response.

The Elephant wholeheartedly condemns this assault on free speech and on freedom of the press and calls on the Ugandan government to respect the rights of Ugandans to access information.

We would like to assure all our readers that we are doing everything in our power to get the restrictions removed and hope normal access can be restored expeditiously.

As we do this, to circumvent the block, a Bifrost mirror has been deployed. Readers in Uganda can once again access The Elephant on this link.

Thank you.

Best Regards

John Githongo
Publisher

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