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Saint and Scapegoat: Kofi Annan’s Mixed Legacy

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Kenyans will always remember him for pulling us back from the brink. But in the 1990s, Kofi Annan was head of the UN’s peacekeeping operations and was therefore watchdog-in-chief of the biggest disasters in the organisation’s history: the genocide in Rwanda and violence in former Yugoslavia. Still, his tenure as UN Sec-Gen returned the UN to global relevance in an age of cynicism. A tribute, by RASNA WARAH.

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Saint and Scapegoat: Kofi Annan’s Mixed Legacy
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Many of the tributes pouring in for Kofi Annan, who died last weekend at the age of 80, fail to mention that the career of this former United Nations Secretary-General was marred by several scandals which tarnished the reputation of this world body and left a sour taste in the mouths of millions of people who suffered as a result of the UN’s actions or inactions. This soft-spoken Ghanaian, who gained rock star appeal for his quiet charisma and diplomatic skills, is particularly revered in Kenya where he helped broker a peace deal between Mwai Kibaki and Raila Odinga after the disputed 2007 election and its violent aftermath. Many agree that were it not for his negotiating skills, Kenya might have sunk into a cataclysmic abyss.

Internationally, his contribution to world peace was considered so important that he was awarded the Nobel Peace Prize in 2001. One could say that Annan acquired a saint-like status during his tenure as the world’s top diplomat. But he was hardly flawless, though the tonnes of charisma that he projected and his messiah-like gravitas softened most of his critics. You could say that he was the Teflon UN Secretary-General – no scandal left him permanently scathed.

That is why, as they heap praise on Annan, most journalists and commentators tend to overlook the many blunders that occurred under his watch, the most devastating of which occurred in Iraq. Many people forget that the Iraq Oil-for-Food scandal – which led to the loss of billions of dollars – occurred during Annan’s tenure. The programme, the result of sanctions against Saddam Hussein’s government after Iraq’s invasion of Kuwait in 1991, has been described as the biggest corruption scandal in the UN’s history.

Internationally, his contribution to world peace was considered so important that he was awarded the Nobel Peace Prize in 2001. One could say that Annan acquired a saint-like status during his tenure as the world’s top diplomat. But he was hardly flawless, though the tonnes of charisma that he projected and his messiah-like gravitas softened most of his critics.

Annan was at the helm of the UN in 2004 when it was revealed that Saddam had infiltrated the programme and had managed to divert billions of dollars meant for the Iraqi people – with the collusion of UN staff. Investigations carried out later showed that more than 2,000 companies and individuals from over 40 countries had paid bribes or received kickbacks to participate in the programme. The investigations also showed that Annan’s son Kojo might also have used his father’s influence to win a contract to inspect oil-for-food shipments for the Swiss company Cotecna.

But Annan failed to look at the warning signs that indicated that all was not well with the programme. When in 2002 a UN database manager tried to alert high-ranking officials at the UN Secretariat in New York about what Saddam was doing, his contract was not renewed. Annan, on the other hand, did nothing. It was only later, when news of the scandal began emerging in the media, that he established the Paul Volcker commission to look into the allegations. But by then, the programme had already been terminated and the United States already had its boots on the ground in Iraq. So no one was tried or convicted for these crimes, though the main culprit, Saddam Hussein, had been captured and sentenced to death – but for other crimes he had committed against the Iraqi people.

Annan was at the helm of the UN in 2004 when it was revealed that Saddam had infiltrated the programme and had managed to divert billions of dollars meant for the Iraqi people – with the collusion of UN staff. Investigations carried out later showed that more than 2,000 companies and individuals from over 40 countries had paid bribes or received kickbacks to participate in the programme. The investigations also showed that Annan’s son Kojo might also have used his father’s influence to win a contract to inspect oil-for-food shipments for the Swiss company Cotecna.

The invasion of Iraq by the United States and Britain in 2003 was another catastrophe that Annan failed to prevent. The George Bush administration went to war with Iraq without UN Security Council approval and without Annan’s blessing. Though Annan did publicly declare that the war was “illegal”, and expressed deep disappointment that the United States and Britain had decided to go to war with Iraq, there was not much else he could do. Thousands died and anarchy reigned in Iraq after Saddam was ousted. The people of Iraq are still picking up the pieces.

But then perhaps we assume that the position of UN Secretary-General is more powerful than it really is. The UN Secretary-General is not above presidents or UN member states. His job is to do what he can where he can without stepping on too many important toes. The biggest donor countries usually get their way, and those with veto powers in the UN Security Council wield most of the power. UN General Assembly resolutions do not amount to much as they are not legally-binding. UN Secretary-Generals who assume that they have the power to change the will of the world’s richest and most powerful nations are considered extremely naïve or self-important – and are quickly sacrificed.

The last UN Secretary-General who tried to assert his independence on global issues found himself out of a job. Kofi Annan might never have become UN Secretary-General if his predecessor, Boutros Boutros-Ghali, had not become such a pain in the ass for the United States government. While he was extremely intelligent and well-read, Boutros-Ghali failed to appreciate that his position was highly political and that no UN Secretary-General can get away with offending or opposing the wishes of the UN Security Council’s five permanent members – the United States, Britain, France, Russia and China.

So when Boutros-Ghali refused to authorize NATO air strikes in Bosnia in 1994, the United States orchestrated a campaign to get rid of him. The Clinton administration felt that he was too arrogant and too strong-willed for the post and that he lacked the diplomatic skills required of the world’s top diplomat – in other words, he was unwilling to play ball with the world’s superpower. So he had to go.

The US government lobbied for the appointment of the more pliable Annan, who one US official described as “an extremely nuanced, extremely serious man with whom we agreed most of the time”. But Annan, a career civil servant who began and ended his career at the UN, was not completely untarnished. The Rwandan government blamed him for failing to prevent the 1994 genocide when he was head of the UN’s peacekeeping operations. General Romeo Dallaire, the Canadian head of the UN peacekeeping mission in Rwanda when the killings began, blamed the UN Secretariat in New York and Annan in particular for ignoring his reports of a planned mass massacre of Tutsis and for denying him permission to raid various caches in Kigali where arms were being accumulated.

Annan had ordered Dallaire not to take sides as “it was up to the Rwandans to sort things out for themselves”. Dallaire blamed the UN for the calamity that befell Rwanda then, as did Rwandan President Paul Kagame, whose Rwandan Patriotic Front is credited for stopping the killings without UN or international support. When Annan decided to make an official apology to the people of Rwanda in May 1998, a year after he was appointed UN Secretary-General, no Rwandan official came to receive him at the airport in Kigali. Rwanda’s foreign minister even publicly rebuked Annan for failing the people of Rwanda.

General Romeo Dallaire, the Canadian head of the UN peacekeeping mission in Rwanda when the killings began, blamed the UN Secretariat in New York and Annan in particular for ignoring his reports of a planned mass massacre of Tutsis and for denying him permission to raid various caches in Kigali where arms were being accumulated. Annan had ordered Dallaire not to take sides as “it was up to the Rwandans to sort things out for themselves”.

Annan, as head of the Department of Peace Keeping Operations, and the Dutch peacekeeping troops deployed to the Balkans were also blamed for failing to prevent the 1995 massacre in Srebrenica of 8,000 Muslim men by Bosnian Serb forces. However, the Dutch Prime Minister Ruud Lubbers spoke out in defence of Annan, who was head of the UN’s peacekeeping operations then, and the role of the UN’s peace-keeping troops lay dormant for years. In 1997, three years after the Rwandan genocide and two years after the killings in Srebrenica, Annan was appointed UN Secretary-General.

Nonetheless, Kofi Annan will be remembered for making the UN more relevant in a world that had become cynical about its relevance. He rallied the world’s governments around the Millennium Development Goals to halve poverty, disease and illiteracy and surrounded himself with intelligent and competent people who lent credibility to the institution. He saw the link between poverty and human rights and was a champion of sustainable development.

He was also a great advocate of evidence-based research and believed that the UN had a key role to play in producing and disseminating knowledge for development. I remember the former head of UN-Habitat, Anna Tibaijuka, telling me and other UN-Habitat staff that she had been instructed by Annan to produce quality reports on housing and urbanisation as this was one way the UN agency would gain legitimacy and credibility. (This led to the birth of The State of the World’s Cities report, of which I was the editor.)

Annan was not threatened by talented or competent people – a rare quality among UN bureaucrats. His most articulate spokesperson, Shashi Tharoor, could convince even the most diehard cynics that the UN had an important place in world politics and that the world was a better place because of it. For Africans, Annan represented the best the continent could offer, a shining example of African decency and humility.

Annan was not threatened by talented or competent people – a rare quality among UN bureaucrats. His most articulate spokesperson, Shashi Tharoor, could convince even the most diehard cynics that the UN had an important place in world politics and that the world was a better place because of it.

There is no doubt that Annan was a world leader with immense influence. But in the end, like all UN officials, he was constrained by the nature of his job, which meant that even if he wanted to, he had no power to shift the global power balance or to prevent wars. From Yemen to Iraq and Afghanistan, the world today is as tumultuous as it was when the UN was established after the Second World War – a testament to the inadequacies of an institution that has failed to live up to its main mandate of preventing “the scourge of war” because the five permanent members of the UN Security Council (who also happen to be the biggest arms manufacturers in the world) make the ultimate decisions on global security matters.

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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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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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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