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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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Seeds of Neo-Colonialism: Why GMO’s Create African Dependency on Global Markets

Rather than addressing food scarcity, genetically modified crops may render African farmers and scientists more, not less, reliant on global markets.

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Seeds of Neo-Colonialism: Why GMO’s Create African Dependency on Global Markets
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As COVID-19 continues to lay bare the deficiencies in the global food system, imagining new food futures is more urgent than ever. Recently, some have suggested that seeds that are genetically modified to include pest, drought, and herbicide resistance (GMOs) provide an avenue for African countries to become more self-sufficient in food production and less reliant on global food chains. Although we share the desire to build more just food systems, if history is any indicator, genetically-modified (GM) crops may actually render African farmers and scientists more, not less, reliant on global actors and markets.

In a paper we recently published in African Affairs, we trace a nearly 30-year history of collaborations among the agribusiness industry, US government agencies, philanthropic organizations, and African research councils to develop GMOs for African farmers. We found that these alliances, though impressive in scope, have so far resulted in few GMOs reaching African farmers and markets. Why, we ask, have efforts to bring GMOs to Africa yielded so little?

One reason, of course, is organized activism. Widespread distrust of the technology and its developers has animated local and transnational social movements that have raised important questions about the ownership, control, and safety of GM crops. But another issue has to do with the complex character of the public-private partnerships (PPPs) that donors have created to develop GM crops for the continent. Since 1991, beginning with an early partnership between the US Agency for International Development (USAID), the Kenyan Agricultural Research Institute, and Monsanto to develop a virus resistant sweet potato (which never materialized), PPPs have become a hallmark of GMO efforts in Africa. This is mainly so for two reasons. The first is that GM technology is largely owned and patented by a handful of multinational corporations, and, thus, is inaccessible to African scientists and small to mid-sized African seed companies without a partnership agreement. The second is that both donors and agricultural biotechnology companies believe that partnering with African scientists will help quell public distrust of their involvement and instead create a public image of goodwill and collaboration. However, we found that this multiplicity of partners has created significant roadblocks to integrating GMOs into farming on the continent.

Take the case of Ghana. In the mid-2000s, country officials embarked on an impressive mission to become a regional leader in biotechnology. While Burkina Faso had been growing genetically modified cotton for years, Ghana sought to be the first West African country to produce GM food crops. In 2013, Ghanaian regulators thus approved field trials of six GM crops, including sweet potato, rice, cowpea, and cotton, to take place within the country’s scientific institutes.

However, what began as an exciting undertaking quickly ran into the trouble. Funding for the sweet potato project was exhausted soon after it began. Meanwhile, cotton research was put on indefinite hold in 2016 after Monsanto, which had been supplying both funding and the Bt cotton seed, withdrew from its partnership with the Ghanaian state scientific council. Describing its decision, a Monsanto official said that without an intellectual property rights law in place—a law that has been debated in Ghanaian parliament and opposed by Ghanaian activists since 2013—the firm could not see the “light at the end of the tunnel.”

Monsanto was also embroiled in legal matters in Burkina Faso, where their Bt cotton had unexpectedly begun producing inferior lint quality. Meanwhile, Ghanaian researchers working on two varieties of GM rice had their funding reduced by USAID, the main project donor. This left them with insufficient resources, forcing the team to suspend one of the projects. The deferment of both the cotton and one of the rice projects dealt a blow to the Ghanaian scientists who were just a year or two away from finalizing their research.

In many ways, the difficulties presented here from both Ghana and Burkina Faso suggest that efforts to bring agricultural biotechnology to Africa are a house of cards: the partnerships that seem sturdy and impressive from the outside, including collaborations between some of the world’s largest philanthropies and industry actors, are actually highly unstable. But what about the situation in other countries?

Both Nigeria and Kenya have made headlines recently for their approval of GM crops. The news out of Nigeria is especially impressive, where officials recently approved a flurry of GMO applications, including Bt cotton and Bt cowpea, beating Ghana to permit the first genetically modified food crop in West Africa. Kenya also approved the commercial production of Bt cotton, an impressive feat considering the country has technically banned GMOs since 2011. Both countries, which have turned to an India-based Monsanto subsidiary for their GM seed supply, hope that Bt cotton will help revitalize their struggling cotton sectors. While biotech proponents have applauded Nigeria and Kenya for their efforts, it will take several growing seasons and more empirical research to know how these technologies will perform.

As the cases described here demonstrate, moving GMOs from pipeline to field is not simply a matter of goodwill or scientific discovery; rather, it depends on a multitude of factors, including donor support, industry partnerships, research outcomes, policy change, and societal acceptance. This complex choreography, we argue, is embedded in the DNA of most biotechnology projects in Africa, and is often ignored by proponents of the technology who tend to offer linear narratives about biotech’s potential to bolster yields and protection against pests and disease. As such, we suggest the need to exercise caution; not because we wish to see the technology fail, but rather because we are apprehensive about multi-million dollar collaborations that seemingly favor the concerns of donors and industry over those of African scientists and farmers.

The notion of public-private partnerships may sound good, but they cannot dispel the underlying interests of participating parties or the history and collective memory of previous efforts to “improve” African agriculture.

This post is from a new partnership between Africa Is a Country and The Elephant. We will be publishing a series of posts from their site once a week.

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The Chira of Christopher Msando Will Haunt His Murderers Until Justice for His Family Is Served

Those who contributed in any way to the abduction, torture and assassination of Christopher Msando will eventually face justice because if there is something that history has confirmed to us time and again, it is that justice is always served, no matter how long it takes.

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The Chira of Christopher Msando Will Haunt His Murderers Until Justice for His Family Is Served
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Lately, I have been thinking a lot about chira. In Luo language and culture, the closest translation of chira is “curse”. It results from an infraction of the kwer (taboos) and can befall an individual, a clan, a community or even a nation. In some cases, ritual cleansing can take away the chira. However, the chira arising from killing a person cannot be removed through rituals. It remains with you, your clan and your community. I am convinced that a chira from the kidnap, torture and brutal assassination of Christopher Msando haunts Kenya to date. The dire state of the economy, socio-economic inequalities, political polarisation, corruption, and state capture, all seem to have gotten worse in the last three years.

To refresh our memories, Christopher Msando was the Information Communications Technology (ICT) manager at the Independent Electoral and Boundaries Commission (IEBC). Msando oversaw key ICT processes, including the audit of the register of voters and the data centre project. Crucially, he was the project manager for the electronic transmission of results for the 2017 presidential elections. Msando was one of the few Africans who had access to the highly sensitive results transmission system set up by the French company Safran/OT Morpho (now renamed IDEMIA). Safran had been single-sourced by the IEBC to deliver the Kenya Integrated Election Management System (KIEMS), in a contract worth close to Sh6b. The deal was so scandalous that even the state-captured Kenya National Assembly’s Parliamentary Accounts Committee on 24 April 2019 banned Safran/OT Morpho/IDEMIA from operating in Kenya for ten years.

Msando had been unanimously nominated by the Wafula Chebukati-led Commission to lead key ICT processes. He was hard working, had superb technical skills, a strong team spirit and excellent communication skills. Msando was an honest man, who at times seemed quite naïve in the trust he placed in his bosses to do the right thing. He was transparent in sharing the loopholes in the ICT system and revealed how some “external” actors had already gained access to it, months before the August 2017 election. He explained complex processes to the Commissioners in layman’s language, without making them feel insecure due to their lack of ICT knowledge. This is probably the singular reason the Commission chose him over his then boss, James Muhati, to be responsible for the ICT operations for the 2017 election. Unlike Muhati, Msando did not show the Commissioners disdain for their ignorance or incompetence.

One of the few defiant actions taken by the Chebukati Commission was to suspend Muhati in May 2017, allegedly for failing to cooperate with an internal audit. But as press reports indicated at the time, there was more to the story than the Commission revealed. The suspension took Muhati’s close friend, then Chief Executive Officer, Ezra Chiloba, by surprise. Chiloba made several attempts to block the suspension from being executed, prompting a reprimand from the Commissioners. Msando was unanimously appointed the officer-in-charge of the ICT directorate.

Within a month of being in charge of the ICT directorate, Msando finalised the register of voters, secured a new data centre, developed the workflow for the electronic transmission of presidential results and sealed some technical loopholes in the KIEMS gadgets that would have enabled “dead voters” to vote. It is probably these measures that he had put in place that gave Msando the confidence to say to John-Allan Namu in an interview in June 2017 that “no dead voters will rise under my watch”. And indeed, with his assassination, potentially, many “dead voters” voted.

Reports indicate that the intention of the Commission had been to keep Muhati suspended until the end of the 2017 elections. However, former Commission staff say that Chebukati received a “dossier” from the Jubilee Secretary-General, Raphael Tuju, falsely claiming that Msando was working for the opposition coalition, NASA. Incidentally, death threats against Msando intensified during this period. He spoke openly about them, showed friends and colleagues the chilling text messages, and with his typical hearty laughter, brushed them off as he went on with his work almost unperturbed. Despite making official reports, no measures were taken to address his concerns. Msando was not even provided with a Commission vehicle and security, which he was entitled to by dint of his functions.

In the meantime, the pressure to reinstate Muhati intensified. There are reports that Deputy President William Ruto and his wife Rachel Ruto called almost all the Commissioners to demand the reinstatement of Muhati, who is a close friend from their University days. Those who did not get a direct call from the Deputy President or his wife, had the message delivered by his Chief of Staff, Ambassador Ken Osinde. Despite protests from two of the Commissioners, Muhati quietly returned from his suspension on 1 June 2017, and from then on, Msando’s days on earth were numbered.

The reports of Msando’s disappearance on 29 July shocked but did not surprise many at the Commission. The threats had been there for many months including on the lives of Chebukati and former Commissioner Roselyn Akombe. One would say that the manner in which these threats were handled by the Commission made the environment conducive for Msando to be assassinated. The silence emboldened his assassins to go ahead with their plan. For their silence, the chira from Msando’s murder will forever remain with Chebukati, Akombe and the other Commissioners.

On that fateful day on 29 July 2017, it is alleged that Chiloba and Muhati asked Msando not to go home after his KTN interview at 7 pm. It is reported that Msando and a friend decided to have drinks at a joint near the Commission’s Anniversary Towers office, as they waited for further instructions from Chiloba and Muhati. Details of what exactly happened to Msando from that Friday night until his bruised body was identified at the City Mortuary on 31 July 2017 will eventually come out. It is clear that there are many colleagues of Msando’s who have more information than they have revealed in public. To many them, chira for their silence will forever hang over them.

But of course, the harshest chira is reserved for those who ordered, aided and executed Msando’s abduction, torture and assassination. If there is something that history has confirmed to us on many occasions, it is that justice is always served, no matter how long it takes. Just this year, we have seen the fugitive Félicien Kabuga, an alleged leader and financier of the 1994 Rwandan genocide arrested. Monuments in honour of those who perpetuated grave injustices including racism, slavery and colonialism for more than 400 years have been brought down in the United States and Europe. And just last month in Germany, 94-year-old Reinhold Hanning was convicted of being “an accessory” to the murder of thousands of Jews while he worked as a guard at the Auschwitz Death Camp. It took 77 years to convict him for crimes he committed at the age of 17, but justice was eventually served.

It does not matter how long it will take, justice for Chris Msando will be served. Msando’s children Allan, Alvin, Alama and Alison deserve to know why their daddy was murdered. His widow Eva has several unanswered questions. Mama Maria needs to know why her last-born son could not have been jailed if he had done something wrong, rather than wake up every morning to his grave in Lifunga. Msando’s siblings deserve closure. But three years on, the investigators have no answers to offer nor have they shown any interest in the case. Politicians like Moses Kuria, Kimani Ngunjiri and Oscar Sudi continue to recklessly play politics with such a painful issue. But Msando’s friends are quietly pursuing the leads. Quietly documenting the facts. For, eventually, Kenya will have to reckon with its history of political assassinations.

In the meantime, over to juok, to continue raining chira on those who contributed in any way to the abduction, torture and assassination of Msando.

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Quest for a More Equitable Nation Undermined: CRA’s Mission Aborted

In 2010 Kenya adopted a constitution that promised to address the daunting problem of ethno-regional economic discrimination. The Commission for Revenue Allocation was created to safeguard this intention and put an end to the exclusion of many ethnic communities in Kenya, a legacy of colonial rule and a decades-long centralised, ethicised, and personalised presidential system.

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Quest for a More Equitable Nation Undermined: CRA’s Mission Aborted
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The current contentious debate in the Senate on the horizontal revenue allocation formula between counties, reveals a lack of political goodwill to end legal, systemic and institutionalised marginalisation in Kenya. The fact is that this formula does not exist or emerge in a vacuum, but is rooted in the political machinations and ideologies of those who control the dominant knowledge system that has informed economic policies responsible for sustaining regional privilege.

The proposals on the new revenue sharing formula are a clear sign that although regional discrimination might have been legally terminated, structural, social and systemic discrimination still thrives in Kenya. This is because the dominant philosophy of public policy continues to mirror the same exclusivity and discrimination that were legally institutionalised by Sessional Paper No. 10 of April 1965 authored by Tom Mboya and a cabal of bureaucrats at the post-independence national treasury and planning ministry.

Kenyans must be reminded that the idea of the Commission on Revenue Allocation (CRA) as an independent Commission emerged in response to the (traditionally) skewed allocation of revenue in Kenya. The constitution provides for Commissions and Independent Offices as an avenue to better cushion Kenya’s national interest against transient executive policy choices. Until the enactment of the 2010 constitution, all revenue allocations were centralised under the national government. Because of the pervasive absence of a culture of nationhood in Kenya and the extent of fragmentation in the society, most distribution of national resources has been based on ethnic, regional or political interests.

The exclusion of many ethnic communities in Kenya is the legacy of colonial rule and a decades-long centralised, ethicised, and personalised presidential system. Concerned by the entrenched economic inequalities, the constitution devised the counties to disburse a minimum of 15 per cent of the nationally generated fiscal revenue to the 47 subnational units. Additionally, it sought to ensure that equity was the overriding consideration in sharing revenue among the 47 counties.

The CRA was created to safeguard this intention and mandated to develop a sharing formula every five years. In conceptualising its mandate, the CRA must thus bear in mind this twisted legacy of our economic history and adopt a holistic and not just a positivist approach. Such an approach will integrate an appreciation of historically skewed allocations in favour of some regions the net effect of which has been to render these regions more attractive to diverse economic activities. Factoring in an amortised perspective of an investment in roads in 1960 would provide clarity in what the present value of such an investment could have accrued to a beneficiary region.

To fully understand the institutionalised discrimination patent in the proposed formula, it is important to recognise that, whereas 70 per cent of Kenya’s revenue remains with the national government, the formula does not take this into consideration, yet we know the degree of political expediency that underpins the national government’s distribution of this revenue across various counties through infrastructural and social development programmes. Then, on the basis of only the 30 per cent allotted to counties, the Commission has designed the formula presently before the Senate, where again it proceeds to attach much weight to population and disregards its responsibility to assign equal weight to regional economic disparities and the need for affirmative action in favour of disadvantaged regions.

Why did the formula turn a blind eye on inter-governmental fiscal transfers over and above the amount allocated to county governments as their equitable share of the revenue raised nationally under Article 202(1)? Is it proper for the formula to fail to factor in the impact of five other types of transfers to counties by the national government, namely, conditional and unconditional grants, loans, the equalisation fund, and constituency development funds?

The formula and the range of reactions in its defense reveal gaps in the way marginalisation in Kenya is understood, defined and addressed. In other words those individuals who designed the formula are conditioning Kenyans to only consider the slices of cake and ignore the way the national cake is divided. Under a purposive and holistic interpretation of article 203 (1) (f) (g) and (h), the revenue allocation should consider the distribution of national government projects.

The information on how the national government projects are allocated to the various counties is easily accessible to the Commission and the public through the Presidential Service Delivery Website. Furthermore, the CRA needed to have conducted a structural audit assessment of various counties. Such an audit would assess the kilometres of paved roads, the hospitals, the bridges, power connection, water connection, accessibility to mobile telephony and internet infrastructure, number and quality of schools, among others. Take for example the two counties of Kiambu and Kakamega with a population of approximately 1.6 and 1.9 million people and a landmass of 2,500 km and 3,225 kilometres respectively. Kiambu has 1,145 km of bitumen roads against a mere 700 km for the entire Western Province which has five counties. Kiambu County has 1,145 primary schools against 460 for Kakamega, and a 7/1000 infant mortality rate in Kiambu compared to 65/1000 in Kakamega.

A good formula that accounts for the above reality must involve the conscious use of the normative system called the “Presidential Service Delivery” to examine the extent to which national government programmes comport with the notion of equitable economic development. The lack of conscious use of the process of developing the revenue sharing formula by the CRA to narrow the poverty and marginalisation gap undermines its possible instrumentality to secure a more equitable and just nation. It undermines the use of Independent offices and commissions in promoting checks and balances in the developmental process in Kenya. It is up to the Senate and CRA to consider using the revenue allocation formula not as a ritualistic policy obligation to be undertaken every five years but to deploy it in furthering the entrenchment of economic justice, equality and inclusion in the country.

The argument advanced by those supporting the formula that counties that generate more revenue should benefit from higher allocation is pretentious as it conceals the fact that their present economic advantages flow from the relative deprivation of other regions historically. The justifications mobilised by proponents of the formula as they seek to protect their privileged economic status is a type of absolution (to help them sleep at night) and is aptly captured by Albert Memmi, the Tunisian Jewish writer and one of the most influential theorists to emerge out of the post-World War II African decolonisation movement:

The fact remains that we have discovered a fundamental mechanism, common to all marginalization and oppression reactions: the injustice of an oppressor toward the oppressed, the formers permanent aggression or the aggressive act he is getting ready to commit, must be justified. And isn’t privilege one of the forms of permanent aggression, inflicted on a dominated man or group by a dominating man or group? How can any excuse be found for such disorder (source of so many advantages), if not by overwhelming the victim? Underneath its masks, oppression is the oppressors’ way of giving himself absolution.

In other words, to justify the formula is to totally disregard the important reports on historical marginalisation like the Truth, Justice and Reconciliation Report, that clearly pointed out those who are at the center and at the margin or periphery of national development.

The CRA’s mischief in the current stalemate regarding the formula to be used as the basis for sharing revenue among counties is a continuation of the disdain towards marginalised counties reflected in its recommendations to parliament with respect to the Second Policy on the Criteria for Identifying Marginalised Areas and Sharing of the Equalisation Fund in accordance with its mandate under Article 216(4) of the Constitution. The fund is a constitutional earmark of 0.5 per cent of annual revenue to be used to “provide basic services including; water, roads, health facilities and electricity to “marginalised areas”, as urged by article 204(2).

Under the second policy, the CRA departs from the first policy that had identified 14 counties in northern Kenya as marginalised areas and thus deserving of benefitting from the equalisation fund and instead identifies 1,424 administrative divisions across the 47 counties as “marginalised areas”. The policy choices in the CRA’s approach to the equalisation fund unravel when one realises that a good number of the administrative divisions identified are within the geographical limits of fairly well developed counties. Moreover, the choice of administrative units privileges national government structures and weakens the role of counties in the process. Worse, the choice shifts focus from the 14 historically marginalised counties whose economic exclusion the fund was intended to ameliorate. It assumes that parity in development has been achieved between the 14 counties and the rest of Kenya, a wildly fallacious assumption. Had the equalisation fund mechanism been implemented as envisioned in the constitution—with beneficiary counties managing the allocations—it could have assisted in cushioning marginalised counties in the event a formula favouring population as the overarching basis for revenue sharing is enacted.

In 2010, Kenya adopted a constitution that promised to address the daunting problem of ethno-regional economic discrimination. Its egalitarian tenets are evident in the quiet embrace of the principle of Ubuntu via Article 10 which holds “sharing” and “social justice” as defining values of our statehood.

As such, those at the CRA who developed the contentious formula must review their empirically unsupportable position that Kenya has made substantial progress in addressing marginalisation. We are persuaded by Malcom X’s assertion in his attack on race relations policies in the United States thus, “If you stick a knife nine inches into my back and pull it out three inches, that is not progress. Even if you pull it all the way out, that is not progress”. Progress is thus about healing the wound, and Kenya hasn’t even begun to pull out the knife of inequality. The CRA must stand up to its mission or disband.

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