The resignation last month of the Executive Director of the United Nations Environment Programme (UNEP), Erik Solheim, after an internal audit found that he had misused funds from the organisation, has been construed as a sign that the UN is serious about tackling wrongdoing within its ranks. However, this high-profile case should not distract us from the fact that waste, fraud and corruption are rarely punished in the UN system, and that the majority of offenders get away scot-free.
Solheim is accused of spending nearly half a million dollars on unnecessary travel within a period of less than two years. The audit showed that between May 2016 and March 2018 he spent 529 days travelling and only stayed in Nairobi, where UNEP has its headquarters, for about 20 per cent of the time.
Much of this travel was wasteful. For instance, in July 2016, he travelled to Paris for a one-day official meeting but decided to stay on in the French capital for a whole month (at taxpayers’ expense). In the following two months, he travelled for 42 days to 24 destinations. One official trip to Addis Ababa was routed through Oslo in his home country Norway, even though the Ethiopian capital is just a two-hour flight from Nairobi. The audit report also showed that Solheim was not the only culprit – other senior managers at UNEP have been accused of spending a whopping $58.5 million on travel alone over a two-year period – and this, from an organisation that advocates for the reduction in the use of fossil fuels.
Solheim is accused of spending nearly half a million dollars on unnecessary travel in less than two years. Between May 2016 and March 2018 he spent 529 days travelling and only stayed in Nairobi, where UNEP has its headquarters, for 20 percent of the time.
This blatant abuse of taxpayers’ money is not new at the UN and Solheim’s conduct is hardly unique. The differences between Solheim’s case and others are: one, his case managed to reach the internal investigation stage, which only happens when there is political will to carry out such an investigation; two, the findings of the investigation were made public, which is usually not the case; the case against him was strong because the trail of misused funds could be traced through flight and hotel bookings, which is not normally the case when deceptive UN managers make UN money disappear without a trace.
One common way of diverting or stealing funds in the UN is to create phantom projects. Let me give you a personal example. Sometime in 2009, my boss at the United Nations Human Settlements Programme (UN-Habitat) called me into his office to tell me that he urgently needed to spend $100,000 of donor money before the end of the year because if he didn’t, he’d have to return the funds to the donor country. So he appointed me to manage a $100,000 project that would result in a book on cities for which he said he would hire consultants from abroad to research and write such a book. The consultants (some of whom were friends of the boss’s boss) were hired and a phantom book project was created.
Two months later, the book project was “closed” (without my knowledge, yet I was supposedly heading the project) even though no manuscript or book had materialised. When I realised that the project was fake and that money may have been diverted to a personal project, I reported the matter to the project/funds manager (a junior officer, essentially a bookkeeper, who had no say in how money in the organisation was spent and who only followed the instructions of her bosses). There was no response and within hours of my email, the process of eliminating me from the organisation began. I suffered retaliation, threats of non-renewal of contract and a whole range of psychological warfare tactics that eventually made me leave the organisation. I realised then that I had inadvertently become a “whistleblower”.
One common way of diverting or stealing funds in the UN is to create phantom projects. Millions of dollars have disappeared from the UN’s coffers through such opaque practices, the fiddling of books, and even downright theft, but few of the culprits are reprimanded, fired or even identified.
When I eventually took UN-Habitat to task through the UN Ethics Office – which was created in response to the Oil-for-Food debacle in Iraq, and which is mandated to look into whistleblower cases – I was enmeshed in a labyrinth of doublespeak and obfuscation that convinced me that the UN Ethics Office was created to muzzle and suppress whistleblowers so that the UN’s reputation would not be tarnished. I got no support from the office; on the contrary, I was told, both by the Ethics Office and UN-Habitat’s senior bosses, that the whole thing was a figment of my imagination. I have had to live with that “gaslighting” humiliation for the last nine years.
Millions of dollars have disappeared from the UN’s coffers through such opaque practices, the fiddling of books, and even downright theft, but few of the culprits are reprimanded, fired or even identified. (Even Solheim was allowed to quietly resign.) On the contrary, whistleblowers find themselves out of a job or demoted.
For instance, senior UN officials implicated in the scandalous UN Oil-for-Food Programme in Iraq are still walking around freely, enjoying their UN perks and benefits. A 2005 investigation led by Paul Volcker – who was appointed by the then UN Secretary-General Kofi Annan after a series of exposés about money being diverted from the programme appeared in the media – found that billions (yes, billions!) of dollars had been lost through a network that included Saddam Hussein, dubious foreign companies and individuals who paid bribes or received kickbacks to participate in the programme and UN employees who received bribes or chose to look the other way. Not one person identified as having fraudulently benefitted from the programme – it was supposed to help the Iraqi people cope with the sanctions imposed after Saddam invaded Kuwait – has been charged with this crime in any national court. (Saddam Hussein was eventually tried and executed by a kangaroo court, not for diverting funds from the programme, but for crimes he had committed against the Iraqi people.)
Meanwhile, the UN simply noted the findings of the Volcker investigation and UN member states continued with business as usual. Besides, by the time the findings of the Volcker investigation were made public, the United States and Britain, two of the five veto-holding powers in the UN Security Council, were embroiled in an illegal war in Iraq, which diverted the public’s attention from one of the biggest scams the world has ever witnessed.
The Oil-for-Food Programme put a huge dent in the UN’s reputation because of the scale of the theft, but this particular UN-managed initiative only got exposed because there were people within the organisation, such as Michael Soussan, author of Backstabbing for Beginners, and Rehan Mullick, a database manager, who were willing to blow the whistle on wrongdoing within the programme. Many smaller-scale thefts are taking place every day under the noses of UN bosses, and sometimes with their collusion.
The reason why such thefts and cover-ups are so common in the UN is that UN agencies are often deliberately vague about how they spend their money. A NORAD-commissioned investigation in 2011 found that most of the UN agencies surveyed had difficulty explaining where their money had gone or to which specific projects, and that information about expenditure was either limited or fragmented.
The Oil-for-Food Programme put a huge dent in the UN’s reputation because of the scale of the theft, but this particular UN-managed initiative only got exposed because there were people within the organisation, who were willing to blow the whistle on wrongdoing within the programme. Many smaller-scale thefts are taking place every day under the noses of UN bosses, and sometimes with their collusion.
When internal investigations are carried out, it usually means that things have gone out of hand (or that enough people in the organisation are pissed off and are complaining), which is what happened with Solheim at UNEP and also at the UN’s refugee agency in Uganda recently. An internal audit of UNHCR’s operations in Uganda found that the agency wasted tens of millions of dollars in 2017 by overpaying for goods and services, awarding major contracts improperly and failing to prevent fraud and waste. In addition, thousands of blankets, wheelbarrows and solar lamps meant for South Sudanese refugees went missing. The UN agency also entered into inappropriate arrangements with Ugandan government officials. For instance, it paid the Office of the Prime Minister $320,000, ostensibly to buy a plot of land to expand the government’s refugee-handling capacity; yet the Office of the Prime Minister could not produce a title deed to prove ownership and the land is now being used as a parking lot.
Part of the problem is that UN agencies are expected to monitor, evaluate and audit their own programmes and projects – the poacher as game-keeper. Donors to the UN expect the global body to report on the the projects they fund. This is problematic because it means that UN agencies can easily manipulate their monitoring and evaluation reports to suit their own agendas, needs and funding requirements. Besides, success is often measured by how much money was raised and spent, not on whether the project achieved its goals. There is, therefore, a desire to spend large amounts of money in the quickest way possible – even if it means travelling first class to a vague conference in a distant part of the world.
An internal audit of UNHCR’s operations in Uganda found that the agency wasted tens of millions of dollars in 2017…Thousands of blankets, wheelbarrows and solar lamps meant for South Sudanese refugees went missing. The UN agency paid the Office of the Prime Minister $320,000 to buy a plot of land to expand the government’s refugee-handling capacity. Yet the Prime Minister’s office could not produce the title deed to prove ownership. The plot is now a parking lot.
Moreover, a project is not “closed” because it was successful (which should be the ultimate aim of any project); rather, it remains “ongoing” even when the situation on the ground has changed (which explains why there are still UN peacekeepers in Haiti even though the civil conflict there ended years ago). No one wants to know how many people’s lives improved significantly as a result of the project or why the crisis that led to the project keeps recurring.
This explains why, year after year, the UN fabricates or exaggerates a humanitarian crisis in some part of the world. A few years ago it was Somalia; today it is Yemen. No one wonders why, if the UN has been so successful in stemming the scourge of war around the world the refugee crisis today is bigger than it was when the UN was established. To avert a humanitarian crisis in Yemen, would it not have been wiser to sanction Saudi Arabia for going to war with Yemen or to sanction the United States, the main supplier of arms to Saudi Arabia?
But these are the uncomfortable questions that UN bureaucrats – and the power wielders at the UN Security Council – do not worry too much about as they travel in luxury around the world to some god-forsaken country whose people will never be lifted out of misery because the UN will not have it any other way: too many UN jobs depend on people remaining poor, hungry and homeless.
What can be done to reverse this situation? Well, for starters, as the world celebrates the 70th anniversary of the Universal Declaration of Human rights on 10 December, there has to be an honest discussion about whether the UN has fulfilled its mandate of promoting peace, human rights and development around the world. A scorecard would indicate success in some areas (e.g. smallpox eradication and child vaccination programmes) but dismal failures in others (e.g. wars in Iraq, Syria and Yemen and genocides in Rwanda and Srebrenica). If the UN cannot prevent wars and suffering, then what is its purpose?
As the world celebrates the 70th anniversary of the Universal Declaration of Human rights on 10 December, there has to be an honest discussion about whether the UN has fulfilled its mandate of promoting peace, human rights and development around the world.
Secondly, we need to democratise the UN Security Council, which is currently the bastion of only five veto-holding countries – the United States, Britain, France, China and Russia – which also happen to be the world’s leading weapons manufacturers and suppliers and who, therefore, have a vested interest in conflicts outside their borders. These countries decide which countries can go to war and which can’t (which is why no sanctions were imposed on the United States and Britain when they went to war in Iraq). All permanent members of the UN Security Council should have an equal say in matters concerning global security, and should be working towards preventing wars, not starting them.
We need to democratise the UN Security Council, which is currently the bastion of only five veto-holding countries, which also happen to be the world’s leading weapons manufacturers and suppliers and who, therefore, have a vested interest in conflicts outside their borders.
Thirdly, the UN’s internal oversight system needs to be overhauled. The UN’s internal justice systems, including the UN Ethics Office, should be abolished in favour of an external, independent mechanism that can provide the checks and balances that the UN so desperately needs. This mechanism, possibly in the form of a tribunal, would also allow UN whistleblowers to present their cases without fear of retaliation. Such a mechanism would, hopefully, also permit perpetrators of crimes committed by UN personnel to be brought to justice in national courts, rather than the current system that gives immunity to UN employees implicated in crimes and wrongdoing (which means they cannot be tried in any court, not even in their own country).
The UN cannot – and should not be allowed to – police itself. Given all the scandals at the UN, I think it is time an independent entity be entrusted with the responsibility of watching the world’s watchdog.
An Ambivalent Sense of Belonging
Nationalist gestures, resented privileges, and acute defensiveness—all are components of what it can mean to be a white Kenyan today … their self-consciousness and uncertainties suggest that in some respects, they are of two minds about their entitlement to belong.
In Kenya, the place occupied by descendants of British settlers in the country is a contentious issue. At times, it explodes into controversy and debate, for instance in 2017 when conflicts occurred between pastoralists searching for grazing land and private white landowners in Laikipia. In 2006, angry debates about the racism and colonial history of white Kenyans erupted when Tom Cholmondeley, the heir of an influential colonial settler in Kenya and a large-scale landowner, shot and killed a man whom he believed was poaching wildlife on his family’s farm. This was the second such incident: a year earlier, he had shot and killed another man on his land.
The uneasy nature of white Kenyans’ sense of belonging in the country is unraveled and analyzed in Janet McIntosh’s fascinating book Unsettled: Denial and Belonging Among White Kenyans. Based on extensive in-depth interviews, and structured poetically into different themes which explore varying components of the white Kenyan experience, McIntosh’s book reveals the complex and often ambivalent positions of white Kenyan subjectivities in contemporary Kenya. She explores their relationships to the land, to Kiswahili, to domestic workers, to other black Kenyans and to their own white community. The last chapter is dedicated to white Kenyans’ relationship to the occult and how they justify or explain their participation in practices that transcend a “rational” European worldview.
Through her interviews, McIntosh discovers an interesting dynamic at play in the white Kenyan consciousness. Their uneasy sense of belonging is expressed through the notion of a “moral double consciousness,” a term borrowed from the phrase “double consciousness,” defined by W.E.B. DuBois, and which in McIntosh’s book is used to describe what results when white Kenyans look at themselves through the eyes of others, and experience the shock of seeing that their community is being seen. They were raised to think of their settler families as good, but now have to grapple with the fact that they were in fact, oppressors and that they are also seen through the same lens. They experience an inner self-doubt, and shift between a moral self-assurance and a sense of anxiety elicited by their critics. As they cannot for long dwell in shame about themselves or about their colonial past, some settle into a “defensive stance” in order to remain in their comfort zone and mystify their structural advantages. Others focus on their felt bonds to Kenya and insist that their personal intentions take precedence over history. A very small number try to find ways to empathize with black Kenyan perceptions. In today’s Kenya, argues McIntosh, white Kenyans are no longer looking to rule, but to belong.
White Kenyans who try to maintain their comfort zone adopt a kind of “structural oblivion;” a position of “ignorance, denial and ideology” which comes from occupying an elite social position, and involves refusing realities like the reasons for the resentment towards them from less privileged groups. This oblivion operates alongside their taking for granted a hegemonic model of the way the world should be—in other words, a liberal individualistic model of personhood and a capitalist model of the economy. In this view of the world, white Kenyans are to be seen as individuals, and cannot be held responsible for the crimes of their forebears.
Perhaps the most glaring and contentious area in which the presence of white Kenyans in the country comes to the fore is around the question of land. As McIntosh notes in her second chapter, land is already a “painful theme” across Kenya which often plays out in terms of which ethnic group was on the land first. Taking the reader back in history, she describes how the British colonial government expropriated land and imposed individual land rights to encourage agricultural production and “proper” land use. The Crown Lands Ordinance of 1902 imposed English property law and forced Africans to give up land that was not occupied or developed, enabling the colonial state to give huge swathes of it in the Rift Valley to European and South African settlers. These fertile areas, so desirable to white settlers, were places where Maasai pastoralists practiced seasonal migration under a complex system of rights to land and water. As the colonial administration created more room for white settlers, the Maasai were coerced into signing away their lands. In 1911 and 1912, thousands of Maasai were herded toward the south at gunpoint and by 1913, they had lost between 50 and 70 percent of the land which they had previously used.
The settler descendants that McIntosh interviews about this history do not seem to know about the land expropriations. Operating out of what she describes as ignorance, collective defensiveness and possibly systematic whitewashing, settler descendants spin their narratives to assert that the Laikipia territories were fairly purchased from the Maasai, or that Laikipia was a no-man’s land at the time of settler arrival, echoing the classic settler frontier ideology of terra nullius. Many believe that their forebears worked to develop the land, and do not think that they should give it up or compensate the Maasai. One settler descendant understands the Maasais’ grievances but cannot accept that they deserve any kind of reparations. In his words, “It’s a romantic effort to recreate an impossible past.” Echoing their colonial predecessors, some of McIntosh’s interviewees undermine the Maasais’ pastoralist lifestyle, deeming it haphazard, unfocused and based on “feelings” rather than deliberation or pattern, in comparison to European notions of responsible land use and ownership. Several of her interviewees evoke childhood memories when describing their attachment to the land and wildlife, encouraging an idea of white belonging as “innocent.” McIntosh writes that “black pastoralists are often seen as abusing the land, whereas white’s relationships to land are described as intimate and sensory,” and white Kenyans can assert that they appreciate the land in ways the Maasai do not.
Although these ways of thinking may seem outrageous today from a non-white Kenyan perspective, they have successfully enabled white Kenyans to assert their entitlement to land in the present day. Those who are sitting on some tens of thousands of acres can claim that they are acting as stewards of the land. This positioning justifies the extensive involvement of white Kenyans in the conservation industry and the expansion of community-based conservation initiatives now widespread on much of the land belonging to settler descendants in Kenya. Although couched in language about empowering local communities, conservation projects do not level the playing field between white and black Kenyans. Rather, as McIntosh writes, “whites reproduce the larger relationship of patrons to black Kenyans;” local communities must rely on the support of white conservationists for their survival and well-being, while whites are re-inscribed in a privileged position. Helping communities has become for some progressive whites, a kind of “cover story” in order to hold onto their resources “in the face of a public that objects to radical inequality.”
The paternalism present in land-based conservation initiatives also carries over into domestic spheres. McIntosh writes about how white Kenyans occupy an ambivalent position, expressing a fondness and kinship for their domestic staff and yet paying lower wages than recently arrived expatriates. When cash is needed for special requests, they dole out extras, encouraging a dependency on the part of the domestic staff while they in turn experience a sense of feeling needed and embedded in the lives of their staff. Such relationships work to create “a sense of belonging to the Kenyan people and, in turn, to the nation.”
Race-class boundaries are trickier to navigate when it comes to marriage and relationships. McIntosh observes how interracial marriages are less common among Kenyans from settler families than among white expatriates. While they profess a desire to belong to a multicultural country, white Kenyan’s intimate relationships are for the most part with other whites and they tend to self-segregate. While interracial marriage is often frowned upon in the white settler community, speaking African languages offers a safer way to connect with black Kenyans. White Kenyans’ attitude toward Kiswahili is described by McIntosh as a kind of “linguistic atonement” that enables them to “mitigate a history of colonial discrimination.” Whereas before independence, Swahili was something that “one condescended” to speak, today, speaking Kiswahili is important to white Kenyans as a way of signaling their belonging to Kenya. For some, it also creates the impression that the race and class-based playing field has been leveled and Kenyans “of all backgrounds can connect with mutual pleasure.” However, their primary use of English over Kiswahili for more intellectual conversations reveals a linguistic hierarchy at play; English remains the language of authority and Kiswahili is essentialized as a less intellectually sophisticated language than English. White Kenyans can therefore move fluidly between the authority of English and the authenticity of Kiswahili, enabling them to feel both white, and privileged, as well as Kenyan and “cosmopolitan.”
One area in which there are some interesting ambiguities is around the occult which until now has been largely thought of in the settler consciousness as the domain of Africans and not whites. In Unsettled, some settlers claim that the occult has no real force, but at the same time, they seem bewildered by how it operates and keep open the possibility that it does have some power. Some even consult occult help to restore their health or to police difficult employees. McIntosh notes that this signals a significant departure from the contempt settlers had for African beliefs.
Things have certainly changed in the decades since Kenya’s independence, and white settlers have attempted to adapt to these changes. Yet, as McIntosh observes, their desire to belong straddles an ambivalent position. They want to integrate, but not to the extent of practicing interracial romance; they want to see the country united, but they self-segregate along “cultural” lines; they feel a kinship with their domestic staff, but “secure affection through economic dependency.” As McIntosh eloquently sums it up, white Kenyans are “wrestling with the incoherence of a consciousness founded on colonialism that is confronted with the imperative to renounce it.”
McIntosh’s book provides brilliantly written, nuanced and insightful analysis into white Kenyan subjectivities in contemporary Kenya. One area in which the book could arguably offer further insight is in analyzing the role of Asian Kenyans in the racial hierarchy, who as she notes “aren’t certain of their entitlement to belong either.” McIntosh explains this absence to her decision to focus on denial and belonging as centering on the anxieties that white Kenyans have towards their community’s treatment of black Kenyans. They must “reckon” with black rather than Asian Kenyans. Nevertheless, given how long and how entrenched the white-Asian-black hierarchy has been in Kenya, some analysis on those dynamics would be a welcome addition.
In considering the question of white Kenyans’ entitlement to belong, it is worth asking what is at stake in their desire to belong. As noted in the book, it is “convenient” to belong when “one wishes to stake a claim to land, jobs or other entitlements.” Instead, the question of whether white Kenyans do in fact belong in the country must assume secondary importance to the question of how Kenyans contend with a legacy of a past which still impinges on the present. This legacy continues in ongoing land dispossessions, in the disproportionally powerful role occupied by white Kenyans in conservation, in the erasure of Kenya’s extremely violent colonial history in public narratives, and perhaps most significantly, in a capitalist development model which is built on the crimes of the past. Perhaps one way for white Kenyans to truly commit to belonging to the country is to accept responsibility for the past, as individuals and as a collective, and to agree to demands for reparations for the crimes of their ancestors.
Saba Saba at 30: The Struggle for Progressive Alternative Political Leadership in Kenya Continues
The struggle for a prosperous, democratic and stable Kenya is not over and despite having successfully fought for a new constitution, three decades after Saba Saba, power is still largely imperial, exercised in a brutal and unaccountable manner by a political elite who have in the last decade taken every step to undermine it.
Three decades ago, driven by a quest to reclaim their sovereignty and recalibrate the power relations between the state and society, the people of this country went to the streets to push for political and constitutional reforms, a major inflection point in the history of our nation. Through a protracted, peaceful struggle by Kenyans in the country and in the diaspora, the country finally transitioned into a multi-party democracy.
The struggle is not over; Kenya’s politics have taken a backward trajectory, moving towards dictatorship in the midst of an intra-elite succession struggle that could descend into violent conflict, chaos, and even civil war.
Kenya is a fake democracy where elections do not matter because the infrastructure of elections has been captured by the elites. There is a danger of normalising electoral authoritarianism, where the vote neither counts nor gets counted. The Judiciary is under constant attack and disparagement by the executive while parliament is contorted into a body increasingly unable to represent Kenyans and provide oversight over the executive’s actions. The security services are unleashed on the poor and the dispossessed as if they are not citizens but enemies to be hunted down and destroyed.
A range of constitutional commissions are in a state of contrived dysfunction while our media business model is failing, accelerated by political interference. Grand corruption—perpetrated by a handful of families and by the elites collectively—has been normalised and the fight against corruption has been politicised. In the creeping descent into dictatorship, civilian public services have been militarised and the 2010 Constitution that was in many ways a culmination of the struggle that started on 7 July 1990 when the late Kenneth Matiba and Charles Rubia called for a meeting at the Kamukunji grounds in Nairobi, is being deliberately undermined.
We have a duty and a responsibility to defend Kenya’s constitution; to resist efforts to undermine devolution in particular; to resist those determined to continue looting an economy already on its knees; to stand up against efforts to brutalise, dehumanise, and rent asunder the essential human dignity of Kenyans as a people.
Three decades is a generation. The generation that voted for the first time in 1992 is a venerated demographic that is 48 years old today. It is the generation of freedom (the South African equivalent of the “born-frees”), and a significant part of the cohort that participated in the struggle as teens or young adults. It is the generation that bore the brunt of the struggle for freedom but which has been denied the opportunity for real political leadership. That part of its membership that has had access to state power is drawn from the reactionary wing of the group—the scions of the decadent YK’92 and drivers of the “NO” campaign against a new constitution.
Despite having successfully fought for a new constitution, three decades after Saba Saba, the frustration felt by this generation and its children runs deep. Why? Power is still largely imperial, exercised in a brutal and unaccountable manner, as institutions flail and falter. The country is still ethnically divided, the fabric of our nationhood is fraying and its stability remains remarkably and frighteningly fragile. Foreign domination, exploitation, oppression is still with us. Poverty and inequality still reign as a tiny economic aristocracy consolidates wealth at the top, while a large pool of the poor underclass expands at the bottom. Why is this the case? Why, after three major successful transitions over three decades—multipartyism in 1992; power transition in 2002; and a new constitution in 2010—are we still being frustrated by our politics and economics? Why is our quest to advance Kenya as a prosperous, democratic and stable country floundering? I see five main reasons why Kenya’s democratisation and development have been stymied.
First, and most importantly, is the moral bankruptcy of Kenya’s elite. It is the loyal facilitator of our continued colonisation by the imperialism of the West and the East. We have a political elite who—together with their acolytes in the middle classes—view this constitution as inconvenient and who have in the last decade taken every step to undermine it, now even audaciously threatening to overhaul it. This mythmaking of how the constitution “doesn’t work for us”; or how it is “expensive” (despite analytical evidence to the contrary), or how it “does not promote inclusivity”, is basically political mischief-making that must be roundly denounced and firmly rejected.
But this hostile attitude by the political class towards the constitution should not surprise us. The constitution was imposed on them by the people through a people-driven process. And we must remember that they proposed more amendments to it on the floor of the House than there were articles in the constitution. To be sure, when the political class finds a constitution, a law or an institution to be an inconvenience, that is a clear indicator of success.
We must actively resist the schemes by the political class to hijack, mangle and wreck the constitution, and thus remove the checks that make the exercise of political power onerous. The constitutional product is only as good—and as secure—as the process that creates it. And whereas we must salute the decision of Uhuru Kenyatta and Raila Odinga to stop the grandstanding and step back from the brink to save lives, the framework for dealing with the issues that created the problem in the first place (such as electoral theft right from the party primaries to the general election, ethnicity, police brutality and vigilante massacres) should have been broader, more structured, and more inclusive than the present process which is private, exclusionary, unstructured and partisan.
The moral bankruptcy of the political elite is pushing us into a false choice between “dynasties” and “hustlers”—a very superficial and shallow narrative masquerading as a class-based political contest yet it is merely a joust between gangs. It is a (mis)-framing that obscures the underlying forces that create underdevelopment, instability and violence and those who benefit from the end result. We must not buy into this misframing of our political choices, whose guile in placing a confederacy of familiar surnames on one side, and a well-known economic rustler of public assets on the other, seeks to hide the common denominator of those two groups: the plutocrats within the state that are the beneficiaries. Both are extractive and extortionist, only distinguished by the differences in their predatory styles and their longevity in the enterprise of shaking down the Kenyan public. This is a club, a class of state-dependent “accumulationists” and state-created “capitalists” united by a history of plunder of public resources and unprincipled political posturing, and only divided by the revolving-door cycle of access to the public trough.
My second argument as to why, despite the many progressive political and constitutional transitions the country still feels restless and dissatisfied, has to do with the performance and the posture adopted by parliament. Whereas the judiciary has emerged as an effective and consequential arm of government since 2011, simultaneously playing defender and goalkeeper of the constitution, parliament, has since 2013, and even more so now, acquiesced as an adjunct to the executive. In a complete misreading of the presidential system, parliament sees itself as an extension rather than a check on the executive. The senate is even worse; instead of playing its constitutive role of protecting devolution against the excesses and encroachment of the national government, senators got into the most parochial contest of egos with the governors, bizarrely siding with the executive to stream-roll and undermine devolution. It took the judiciary, through a number of bold decisions, and the public, who rallied around devolution, including in the ruling party’s backyard, to save devolution from an early collapse.
Third is the suboptimal output from devolved governments. Devolution has been good but is not yet great. Because of a hostile national government and endemic corruption in the counties, devolved governments have not performed optimally although, compared to the central government’s record of the last 50 years, they have made a big difference in people’s daily lives. Although devolution has been revolutionary, a combination of frustration from the top (especially from the Treasury the Devolution Ministry (particularly the first one) and the Provincial Administration) and the extremely poor and corrupt leadership of some governors have delayed the devolution dividends.
I dare say that without the strong backing of the judges—a raft of decisions by the High Court and two decisions by the Supreme Court on the Division of Revenue Bill—devolution would long have unravelled. These decisions are part of the reason for the animosity towards the judiciary that we have witnessed in the last decade.
Fourth, political parties have not been operating optimally. Political party primaries have been heavily rigged and violent, which has undermined people’s faith in the democratic process. Further, the Political Parties Fund is operated in an opaque manner, with the size of the allocations to some parties being equal to the allocations that are given to some counties. The disorganisation and privatisation of parties is nurturing a feeling of despondency and a lack of belief in parties, yet our constitution envisages a party-based constitutional democracy.
Fifth is the country’s economic collapse due to mismanagement. This economic failure preceded the COVID-19 pandemic. Never before has the country witnessed such a spectacular mismanagement of the economy. There is absolute incoherence and inconsistency in the public policy priorities. From a glitzy manifesto that has been honoured more in the breach than in the observance, to the Big 4 Agenda, the Nairobi Regeneration Team, the Anti-Corruption, we are all over the place, and are now consumed by succession politics. We have a ballooning debt that is unprecedented in stock (over Sh6 trillion), in composition (much of it expensive commercial debt); and in impact (Eurobond monies are yet to be accounted for).
In this context, it would be extremely foolish to think that individuals who have been partners in this mismanagement could be plausible alternatives. The authors of the last seven years of corruption, debt, and underdevelopment are known and so, if the country is to stand a chance of realising the benefits of the transitions that it has undergone, then it would be utter tomfoolery to consider parading any of these characters as the agents of that change.
Our Constitution is not defective. The quality of our elite is—fatally so. The problem is not in the structure of power as expressed in our constitutional architecture, but in the exercise of power in the conduct, choice and decisions that leaders—and to some extent the masses—make. The structure of power does not command us to have a President, Speaker, Prime Minister (that is what the Majority Leader would be in a parliamentary system), Attorney General, Chief of Defence Forces, Director General of Intelligence, Head of Kenya Police, Director of Directorate of Criminal Investigations, Governor of Central Bank, Commissioner General of Kenya Revenue Authority, and Auditor General, all from one region.
It is the exercise of that power, both by the nominating and confirming authorities, that allows for this construction of an ethnic hegemony at the heart and in the commanding heights of state affairs. This is not to question the competence and patriotism of these compatriots; it is to question the effect of this apparent singular concentration of competence in one ethnic identity on the fabric of our nationhood. The absolute necessity for diversity and inclusion in public positions and policy cannot be gainsaid. That is how you create a strong and united nation. The argument that changing the constitution will, ipso facto, foster inclusivity is a false one. With an already expansive government of 22 ministers, over 40 Principal Secretaries, parastatal chiefs, and an expanded leadership in both Houses of Parliament, how come we are still not able to be inclusive?
Vuguvugu la Mageuzi (VUMA) or Kongomano la Mageuzi. These are possible names of a transformative movement made up of all the social movements that exist in the country and that, going forward, would tackle a number of issues.
First, the middle class civil society must reactivate its engagement and build strategic and effective alliances with grassroots movements and the over 40 social justice centres countrywide to keep both national and county governments in check and create a strong central defence for the constitution. Indeed, the countervailing power of the civil society must be strengthened.
VUMA should be the crucible for the development of alternative leaderships drawn from such movements as The Artist Movements of cartoonists, film makers, singers, poets, and song writers; 100 Days of the Citizens’ Assemblies; Congress for the Protection of the Constitution; DeCOALonise; Friends of Lake Turkana; Inuka Kenya Ni Sisi, Okoa Mombasa, Kenya Tuitakayo Movement and SwitchOffKPLC. There are many others in formation: the movement to protect the rights of tea workers in Kericho; the movement to protect the cane farmers in Western Kenya; the movement to protect devolution in the NFD; the movements that defend community land from commodification; farmers revolts against crony capitalism in the Rift Valley and Central Kenya; and the movement to withdraw our troops from Somalia, among others.
Second, the movement must give voice and support the Council of Governors’ demands for the arrears in development funds that the national government continues to refuse to disburse.
Third, this is a good moment for the emergence of an alternative leadership for Kenya. The political elites are in fear of each other and there is a hurting stalemate in their relationship and negotiations. We need to invest in the rupture of those negotiations.
Fourth, we need to support a principled and fair fight against corruption, both at the national and county levels, and establish whether public policy and the law have been used for public good or private gain.
Fifth, we also need to set up at least three Judicial Commissions of Inquiry, the first one being on the public debt incurred since independence so that we can establish the rationale, basis, terms, impact and beneficiaries of these debts. This includes Ken-Ren, Goldenberg, Anglo Leasing, SGR, Eurobond and other scams. The second one should be on all government technology projects from IFMIS to OT-Morpho, to Huduma Number to E-Citizen. The third commission of inquiry should target police brutality and the vigilante and police massacres of 2017, especially in Western Kenya and in the slums of Nairobi.
Sixth, we should revisit all the solutions devised by the Saitoti Report; the Akiwumi Ethnic Clashes Report; the Ndungu Land Report; the InterParty-Parliamentary Group Report (particularly its unfinished business); the Truth and Justice Commission Report; the Kreigler Report; the Kroll Report; Kofi Annan’s Agenda 4; the Waki Report and all the reports developed by the civil society as solutions to our societal problems. That rich and robust material should be debated and refined for implementation.
Seventh, we must undertake mass civic education on the contents of the 2010 Constitution with a view to triggering the citizenry to demand its implementation;
Eighth, we must form a united front with political parties that are against imperialism and baronial rule and their respective narratives.
Ninth, we must nurture a political party or political parties that will contest for political power in the interests of the motherland.
And lastly, we must ensure that the failure of the ruling elite to secure the social and economic rights of the Kenyan people as provided for under the constitution (the right to food, housing, water, education, health, social security, employment) during the ongoing pandemic is an important lesson about the kind of leadership this country should not have.
The future of the constitution and our democracy will depend on the quality of leaders the country elects. That is when the full dividends of Saba Saba and 2010 will be fully realised. As the United States has shown, even constitutions, institutions, and customs that have been nurtured over hundreds of years can come easily undone by a rogue leadership and a pliant public.
Lumumba’s Iconography in the Arts
On anniversary of the birthday of Patrice Lumumba, the first prime minister of an independent Congo, we ask, “What iconography arose around him, and why is that iconography so diverse?”
Patrice Emery Lumumba’s career as Congo’s first post-independence prime minister lasted only three months before he was arrested and executed five months later. Yet he lives on as idea, meme, symbol, icon, model, logo, metonym, specter, image, figure, and projection.
For four years I edited a book, Lumumba in the Arts, that examines Lumumba’s iconography. That book is now available.
Although Lumumba has won a place equal to other political icons like Malcolm X, Che Guevara, and Nelson Mandela, and although an equally rich or even richer imagery has developed around him, his iconography has remained underexposed and unannotated.
In fact, it is a rich iconography. It includes a whole range of renderings and portrayals, spans the whole range of media, and encompasses a variety of representations. It is no coincidence that a historical figure such as Patrice Lumumba has taken on an imaginary afterlife in the arts. After all, his project remained unfinished and his corpse was never buried.
Lumumba’s diverse iconography already started with the different names he received such as Élias Okit’Asombo (heir of the cursed), Nyumba Hatshikala l’Okanga (the one who is always implicated), Osungu (white), Lumumba (a crowd in motion), Okanda Doka (the sorcerer’s wisdom), or Omote l’Eneheka (the big head who detects the curse), starting from his childhood. His iconography was furthered during his lifetime, especially through songs and by the press, but most expressions, however, arose after his death.
Since his murder, Lumumba has been appropriated through painting (e.g. Chéri Samba, William Kentridge), photography (e.g. Sammy Baloji, Robert Lebeck), poetry (e.g. Henri Lopez, Ousmane Sembene), music (e.g. Pitcho, Miriam Makeba), film (e.g. Raoul Peck, Zurlini), theater (e.g. Aimé Césaire), and literature (e.g. Barbara Kingsolver) as well as in public spaces, stamps, and cartoons. No single form of art seems to escape Lumumba. While at first sight his iconography seems to oscillate between demonization and beatification, it is the gap between these two opposites that has proven to be fruitful for a very polymorphic iconography, one which, amongst many things, observes the memory and the undigested suffering that inscribed itself upon Lumumba’s body and upon the history of the Congo.
Notable exceptions such as Patrice Lumumba entre Dieu et Diable. Un héros africain dans ses images, edited by Pierre Halen and János Riesz, and A Congo Chronicle. Patrice Lumumba in Urban Art, edited by Bogumil Jewsiewicki, are foundational and seminal to my work on Lumumba’s iconography in regards to mostly literature and poetry in the first case, and to painting in the second one.
Two questions guided our work: What iconography arose around Lumumba and why is that iconography so diverse? One of the most striking paintings about Lumumba is Les pères de la démocratie et de l’indépendance by Sam-Ilus (2018). The painting demonstrates both the beatification of Lumumba and the political recuperation of his figure. It critically shows that artistic creations of Lumumba’s figure and the scenes in which he is reconfigured provide anything but a window on historical veracity; rather, they often reinvent him for political reasons. In this example, Patrice Lumumba is aligned with the anti-Lumumbist Etienne Tshisekedi, who followed Albert Kalonji on his secessionist adventure in Kasai against the central government of Lumumba, and who is the father of the current president of the Democratic Republic of the Congo, Felix Tshisekedi. In contrast to the more realistically depicted Etienne Tshisekedi (who died in 2017), Lumumba—who died almost sixty years earlier—is more abstracted and iconized. In the image, Lumumba is the reference: the model to aspire to. Tshisekedi tries to pose like him and identify with him, looking for political legitimation and atonement from sin. But whereas Lumumba has both arms up, Tshisekedi is still trying to find the right balance and is not very confident of receiving expiation. Lumumba does not seem to be very happy being cast in this reunion with his foe. His upper body, which is slightly averted from his companion, betrays some discomfort. Not only does Lumumba “seem distrustful because Tshisekedi is probably complicit in his death,” as the artist Sam-Ilus explained to me in a personal interview, but—I would add—also because his figure is being appropriated and dragged into a misplacement. Apart from the beatification, political recuperation, and the contrast with history, Sam-Ilus’s painting also illustrates that the meanings ascribed to Lumumba depend on the interplay of differences and oppositions within the construct. Moreover, these meanings are not fixed but deferred along l’hors cadre: those people below Lumumba holding their protest signs, that is, and also the other artworks in the book, as well as those not reproduced in the book, and those yet to come. The cover thus functions as a possible portal to other fictions that defy to a greater or lesser extent what Alexie Tcheuyap calls the triple censorship inflicted on Lumumba: censorship against his person (his murder), against his discourses, and against all attempts to constitute an alternative discourse on his existence.
The answer to the first question—as to what iconography arose around him—depends on the different art forms, which the book discusses in relation to historiography in the first part, and which the book divides into different chapters in the second part (cinema, theater, photography, poetry, comics, music, painting, and public space). Throughout the different art forms, we can distinguish an iconography that has been grafted onto a Judeo-Christian tradition (as both diabolization or beatification) from a more profane trend. Remarkably, the Janus-faced figure of the scapegoat/martyr—the most recurrent figure among all the different and even contradictory things that Lumumba stood for—are to be found in both. The answer to the second question—why such a diverse iconography – will be answered from as many angles as there are authors. However, four interrelated realms keep recurring: the spectral, the postcolonial, the martyr, and the political.
By discussing the rich iconographic heritage bequeathed to us by Lumumba and by reflecting on the different ways in which he is being remembered, we do not only answer the two questions that guided our work, but hope equally to contribute to this imagery by making his absence more present, though without laying his legacy to rest.
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