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Why Closing Dadaab is a Bad Idea

11 min read.

The government’s recent announcement to close the Dadaab refugee camp, also known as Kenya’s fourth largest city, is motivated by all the wrong reasons, is a breach of international law and could, once again, very well lead to the ratcheting up of terror attacks in Kenya.

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In 2018, the United States carried out 45 air and drone strikes in Somalia, according to the Bureau of Investigative Journalism, a London-based non-profit organisation. It is not clear how many Al Shabaab militants and civilians were killed in these attacks because, like most covert military operations, it is difficult to obtain and ascertain the veracity of information about casualties.

Meanwhile, President Donald Trump has in recent months intensified the US drone strike programme in Somalia, a disturbing decision that is likely to lead to more radicalisation and revenge attacks, both in Somalia and in neighbouring Kenya, which has borne the brunt of Al Shabaab’s terrorist attacks abroad.

Given that Somalia is pretty much still a war zone, why does the Kenyan government feel that it is safe for the 230,000 or so Somali refugees in the Dadaab refugee camp to return home?

In addition, there is a 20,000-strong presence of African Union Mission in Somalia (AMISOM) troops in Somalia. Ugandan, Burundian, Ethiopian, Djiboutian and some 4,000 Kenyan troops have their feet on the ground in parts of central and southern Somalia, including the capital Mogadishu. Even the Somali president is protected by AMISOM forces as the Somalia National Army is still not fully operational. Although there is a semblance of normalcy in Mogadishu, with new buildings and businesses coming up every day, much of the Somali capital still has the look and feel of a city under siege. Al Shabaab regularly wreaks havoc on the residents via IEDs and suicide bombers. In areas it controls, it also extracts “taxes” (protection money) from residents and imposes its own version of Sharia.

The last time Kenya threatened to close down Dadaab was in April 2015, shortly after the gruesome terrorist attack on Garissa University. Deputy President William Ruto claimed that the camp was a security threat. It was a clear case of scapegoating – Ruto failed to mention that all four terrorists who attacked Garissa University College were Kenyan citizens, not Somali nationals – and only one of them was an ethnic Somali.

Given that Somalia is pretty much still a war zone, why does the Kenyan government feel that it is safe for the 230,000 or so Somali refugees in the Dadaab refugee camp to return home? According to a leaked United Nations document dated 12 February, the Government of Kenya wants the Dadaab camp to be closed by August this year.

The last time Kenya threatened to close down the camp and send all the refugees to their home countries was in April 2015, shortly after the gruesome terrorist attack on Garissa University College, which is about 100 kilometres from the camp in Dadaab. Deputy President William Ruto claimed that the camp was a security threat to the country and that all refugees in the camp would be given three months to leave the country. He added that if the refugees did not leave voluntarily, the government would arrange for their forcible transfer across the border into Somalia. It was a clear case of scapegoating – Ruto failed to mention that all four terrorists who attacked Garissa University College were Kenyan citizens, not Somali nationals – and only one of them was an ethnic Somali.

The government of Mwai Kibaki initiated the first repatriation programme, which eventually forced the UNHCR and the Federal Government of Somalia to enter into an agreement with Kenya to facilitate the “voluntary and organised” repatriation of refugees to Somalia.

In May 2015, after terrorists attacked Kenyan soldiers in Yumbis, which is very near Dadaab, Haron Komen, the Commissioner for Refugee Affairs, called for a quicker closure of the camp, claiming that “footprints” of terrorism could be traced there. Meanwhile, the Interior Cabinet Secretary, the late Joseph Nkaissery, announced that a wall would be built along the porous 900-kilometre Kenya-Somalia border.

These declarations not only stunned the more than 350,000 “Dadaabians” living in the camp (more than half of whom were under the age of 18), but also shocked the international community, particularly the UN refugee agency, UNHCR, and key donor countries, who made frantic efforts to reverse what amounted to an expulsion order. They argued that Somalia had no institutions or resettlement programmes dealing with refugees, including the hundreds of thousands of internally displaced people who still live in and around Mogadishu. Asking refugees to return to conditions where there are few or no services could lead to further tensions and could force them to flee again.

It is also important to note that many of these refugees were born in the camp and have known no other home. (In many countries, they would qualify for citizenship.) Their parents and surviving relatives have also probably lost all their land and homes in Somalia, so they have nowhere to return to.

Increasing attacks on Kenyan and Ethiopian forces in Somalia have made the prospect of repatriation difficult. It appears that the top brass of the Kenya Defence Forces (KDF) in the Jubbaland region that was supposedly “liberated” from the clutches of Al Shabaab have entered in a cosy relationship with the leadership of the Jubbaland administration…

This, however, was not the first time that Kenyan officials had expressed a desire to send Somali refugees back home and to close down the camp, which has been in existence for almost thirty years. The government of Mwai Kibaki initiated the repatriation programme, which eventually forced UNHCR and the Federal Government of Somalia to enter into a tripartite agreement with Kenya in November 2013 to facilitate the “voluntary and organised” repatriation of refugees to Somalia. The Kenyan government’s decision to close the camp was probably based on an overly optimistic assumption that once Kenyan forces “liberated” Al Shabaab-controlled areas in southern Somalia, all the refugees could safely go back home.

However, increasing attacks on Kenyan and Ethiopian forces in Somalia have made the prospect of repatriation difficult, if not impossible. Moreover, it appears that the top brass of the Kenya Defence Forces (KDF) in the Jubbaland region that was supposedly “liberated” from the clutches of Al Shabaab have entered in a cosy relationship with the leadership of the Jubbaland administration, which has raised questions of conflict of interest. Several reports, including those by UN monitors, have accused KDF in Somalia of being “in bed” with not just leaders like Ahmed Madobe (KDF’s comrade-in-arms during Kenya’s invasion of Somalia in October 2011) but also with Al Shabaab via extortion and smuggling rackets where all parties collect “taxes” at check points and ports and share the loot. (See the report “Black and White: Kenya’s Criminal Racket in Somalia” published in 2016 by Journalists for Justice.)

Kenya’s fourth largest city

In 2015, when the announcement to send all refugees homes was made, Asad Hussein, a former “Dadaabian” who is currently a student on a fully-paid scholarship at the prestigious Princeton University in the United States, wrote in his blog “Diary of a Refugee Storyteller” that when he heard the statement, several questions flooded his mind: “Will they come with a big lorry and cart me to a country I’ve never seen before? Will police officers throw me into the back of a truck against my will? Will they ask my 80-year-old dad to get out of the mosque and quickly pack his stuff? Will my dad go back to his hometown Luuq in Somalia’s Gedo region? Will my mom insist on going to her birthplace in Negelle in Ethiopia? Will they settle in a completely different place?”

Hussein, an aspiring writer who I met at various literary events in Nairobi, was among many young refugees in Dadaab who wished that they could be integrated into Kenyan society and eventually acquire Kenyan citizenship, given that they had known no other home. But like Ilhan Omar, the dynamic US Congresswoman who once lived in the Kakuma refugee camp in northern Kenya, it is likely that Hussein’s skills and talent will now benefit his host country, the United States, and Kenya will be the poorer for it.

Unlike in Uganda, where refugees are not just given land to till but are also allowed to work (which has earned Uganda a reputation for being among the most refugee-friendly countries in the world), refugees in Kenya are not allowed to work or to move about freely. In 1966, Kenya acceded to the 1951 Convention Relating to the Status of Refugees that recognises the right of refugees to choose their place of residence and the freedom of movement within the territories of the host countries. However, in the case of Dadaab, the Kenyan government has chosen to ignore this convention.

In 2014, the Kenyan MP for the area complained that deforestation was becoming a real problem and that the persistent drought in the area had forced his pastoralist constituents to pose as refugees so they could access free food and services in the camp.

Although Ifo camp, one of the oldest of the five camps that comprise the Dadaab complex, has the look of a dusty rural village, with goats and camels wandering around small shops that sell everything from mobile phones to camel milk, the donated plastic sheeting tents that residents call home and restrictions on movement, make it feel like a sprawling open prison. Most refugees in Dadaab live in makeshift shelters (because the Kenyan government does not allow them to build permanent houses) that do not provide adequate protection from the elements. UNHCR and humanitarian agencies provide water and rations, but do not consider other needs, such as fuel for cooking, with the result that refugees are forced to cut down trees for firewood. In 2014, the Kenyan MP for the area in which the Dadaab camp is located complained that deforestation was becoming a real problem and that the persistent drought in the area had forced his pastoralist constituents to pose as refugees so they could access free food and services in the camp. Sexual assaults on female refugees — both by male refugees and Kenya’s security forces — have also been reported.

There are schools, clinics, food distribution centres and boreholes set up by aid agencies, but as Raouf Mazou, UNHCR’s Kenya representative told me in 2015, the camp provides “a false sense of normality” in a highly abnormal environment.

And despite the inhospitable living conditions in what has been described as “Kenya’s fourth largest city”, business in Dadaab and its environs has been booming. Hanshi Palace, located opposite the Dadaab camp’s main office, earns millions of shillings every year leasing out Toyota Landcruisers to the more than 20 international NGOs that operate in Dadaab. It is estimated that Dadaab’s economy generates about $25 million a year and that the local host community around the camp earns approximately $14 million a year in trade and contracts.

Nonetheless, for many of the refugees living in Dadaab, camp life is preferable to life in war-torn Somalia, where basic services are broken or non-existent in many parts, and where the risk of being killed, through clan warfare, drone strikes or Al Shabaab, is much higher. While madrassas (Islamic schools) tend to be the only formal education Somali children receive, in Dadaab children are able to attend the 20 secular free primary and seven secondary schools and can even sit for the Kenya national examinations. Scholarships are also available and some of the brightest children have earned places in universities abroad, including in Canada and the United States. In 2013, Kenyatta University even opened a satellite campus in the town of Dadaab and reserved two-thirds of the slots for refugees. These are opportunities that few Somalis enjoy back home.

And despite the inhospitable living conditions in what has been described as “Kenya’s fourth largest city”, business in Dadaab and its environs has been booming. A UNHCR-commissioned study in 2013 found that business owners in and around Dadaab earn their income by selling goods and services to the hundreds of aid workers and refugees who live in or near the camp site. For example, Hanshi Palace, a business that is located opposite the Dadaab camp’s main office, earns millions of shillings every year leasing out Toyota Landcruisers to the more than 20 international NGOs that operate in Dadaab. More than 50 trucks carrying supplies from Nairobi and Mombasa enter the camp every week, earning truck owners millions of shillings. The World Food Programme spends millions of dollars every month buying, shipping and distributing tonnes of food to Dadaab. The now defunct Kenya Department of Refugee Affairs (that stopped processing refugees after the tripartite agreement) has been quoted as saying that Dadaab is not an ordinary refugee camp but “a big business centre” and that Kenya risks losing billions of shillings if the camp is closed. It is estimated that Dadaab’s economy generates about $25 million a year and that the local host community around the camp earns approximately $14 million a year in trade and contracts.

UNHCR says that the majority of the refugees in Dadaab view local integration as the most favourable solution to their plight, but the Kenyan government will not allow it. On the contrary, the Kenyan government’s position on refugees has become even more hardline, with ever more strident calls for the camps to be shut down permanently. Officials at the UN refugee agency say that given the political, social and economic implications of integrating hundreds of thousands of refugees into Kenyan society, the government’s position is understandable, but refugees’ rights under international laws must also be respected — and that repatriation must be voluntary, not forced. The tripartite agreement that aims to bring about the voluntary repatriation of Somali refugees is being implemented, but had not yielded significant results. The camp’s population has not decreased significantly since 2015 — it has decreased by only about one-third since then, which suggests that a majority of the refugees in Dadaab are still not comfortable about returning to Somalia.

Why close the camp now?

So what could lie behind the latest threat to expel the refugees? I can speculate on four possible reasons.

Powerful politicians from Garissa, such as Aden Duale, have a vested interest in having the camp closed and sending the refugees home as the multi-clan composition of the refugee population in Dadaab could threaten the power and clan balance in the region.

One, this Kenyan government, with its anti-ICC antecedents, would not find difficulty trying to ape neo-fascist governments in places like Hungary and the United States, which are becoming increasingly intolerant of refugees and migrants. By showing that it can be tough on refugees — particularly Somali refugees — it would be scoring points with the Trump administration. Kenya is, after all, a key ally of the US and its “war on terror” and has benefited militarily from US government assistance, particularly in the area of counterterrorism. Depicting the camp as a dangerous place that breeds terrorists only adds to Trump’s narrative of migrants and refugees being criminals harbouring ill intent for the populations of the host countries, a narrative that Kenya is happy to parrot. (Wasn’t Kenya one of a handful of shameless countries that was represented at the opening of the US embassy in Jerusalem?)

Two, powerful politicians from Garissa, such as Aden Duale, have a vested interest in having the camp closed and sending the refugees home as the multi-clan composition of the refugee population in Dadaab could threaten the power and clan balance in the region. It is estimated that the refugees in the camp outnumber the host community population by a ratio of three to one. The Ogaden clan is predominant in Garissa County, and Kenyan Somali politicians (most of whom are Ogaden) would like it to remain that way.

The latest declaration to repatriate refugees to Somalia is simply an arm-twisting tactic to force the international community, including the United Nations, to continue funding KDF operations in Somalia.

On a slightly different but related tangent, many economic activities have grown around the camp, and it is possible that local politicians and businessmen in Garissa want a piece of the action. What they don’t realise is that once the camp is closed, many of these activities will also die. Aid agencies will abandon the camp and the businesses that serviced them will also collapse or move elsewhere. One UNHCR official told me when I visited Dadaab that if there was no refugee camp, there would be no town in Dadaab. “Dadaab exists because we exist,” he said.

Three, the latest declaration to repatriate refugees to Somalia is simply an arm-twisting tactic to force the international community, including the United Nations, to continue funding KDF operations in Somalia. The African Union and the UN Security Council have agreed to withdraw AMISOM troops from Somalia by 2020 but Kenya has asked for a delayed exit. Perhaps the Kenyan government feels that it can use the refugees as a bargaining chip to maintain its troop presence in Somalia as long as it is financially and strategically beneficial for it to do so.

Keeping KDF in Somalia for as long as is possible could also be a ploy by some in government to protect KDF’s illicit activities. These elements would be afraid that once KDF pulls out of Somalia, the truth about what KDF generals did there might come out. If Kenya’s military is found to have financially benefitted from Somalia’s war economy, its credibility as a trustworthy partner in the war against terrorism and in peace-building will be severely eroded.

Four, the expulsion order could also be seen in the light of Somalia’s dispute with Kenya over a section of the Indian Ocean that Somalia claims as maritime territory. Kenya may just be taking revenge on Somalia for taking the dispute to an international court in a childish game that is unfairly targeting Somali refugees.

Whatever the case, sending helpless refugees back to the dire situation they escaped from is not only unethical, but also against international law. Kenya must not rush into a situation that will tarnish its reputation internationally and put thousands of innocent lives in danger.

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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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Conflict in Marsabit: Voter and Politician Locked in a Danse Macabre

The nature of the conflict in Marsabit has changed. Deaths are tallied, and ledgers of the unmourned dead are meticulously kept.

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Conflict in Marsabit: Voter and Politician Locked in a Danse Macabre
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Counting the dead

Ninety-three deaths in the past year, the count has dominated national TV coverage of conflict in Marsabit, contributing to the trend of turning the effect of the conflict and the loss into a body-counting exercise.

A year ago, Saku Member of Parliament (MP) Ali Raso Dido spoke of the number of people killed in his constituency. On his list there were only the Borana dead; he did not include the dead from other communities. To him, as an MP, only Borana lives mattered and were worthy of raising on the floor of parliament.

In a lengthy response, his counterpart, North Horr MP Francis Chachu gave the number of dead in his constituency. He listed only the Gabra dead.

In the last cycle of conflict in Marsabit County, 75 houses were burnt down, and about 850 families were displaced. Governor Mohamud Ali called a press conference at which the list of the dead was the central theme of his statement.

Since the state has no official data on number of people who have died as a result of conflict in Marsabit, all these accounts are true, but they are also subjective and incomplete. Just why the counting is done, where to begin counting, who is to be counted and who does the counting are the concerns of these times.

In between the statistics informing politicians’ petitions to parliament, or forming the subject of a governor’s hasty press statement or the prop of a news story, there is a whole social milieu within which the conflict exists and how it is processed at the political and economic levels of grief.

A macabre dance between voters and politicians

Proximity to countries in conflict—Ethiopia, Somalia, and South Sudan—and the easy availability of Small Arms and Light Weapons have been the central explanation for the conflict in Marsabit County. While valid and, in some instances, correct, this explanation misses the fact of the banality of conflict in the county—a more insidious new lexicon that normalizes killing beyond the traditional boundaries of ethnic conflict is developing.

In the last cycle of conflict in Marsabit County, 75 houses were burnt down, and about 850 families were displaced.

This change in the ethnic conflict dynamic is a function of a perverse, mutually reinforcing loop involving politicians and voters, each egging on the other to visit more death and destruction on the opposite community. The hypercompetitive nature of local elections post-devolution significantly exacerbates this loop.

Thus, taking the “war” to the other community becomes a politician’s campaign pledge rather than the promise of building hospitals and schools or bringing about the desperately needed development. The more vociferous a politician becomes, the more likely he is to be elected.

This perverse incentive makes politicians more incendiary, making both the threat of violence and the violence itself politically rewarding.

Ancestral hatred theory

While it is often cast as anchored in ancestral hatred, there is something new about conflict in Marsabit. And because it is mutating even as we all watch, we sometimes miss it. What makes it unique is its banalisation.

Three aspects make recent conflicts in Marsabit distinct from the old ones.

One, the slow-burning, episodic nature of the conflict and the attendant “peace” meetings have come to be accepted as an immutable fact of life. But the peace-industrial complex has done little to end the conflict; instead, the conflict has mutated into something new, complete with a new lexicon and signals far more incendiary than the old conflict. This rinse-and-repeat cycle has spawned a coterie of peace entrepreneurs activated at a moment’s notice whenever violence breaks out.

This perverse incentive makes politicians more incendiary, making both the threat of violence and the violence itself politically rewarding.

Two, with increased competition over land and resources under devolution, this “new” conflict is increasingly framed in apocalyptic, existential language. As a result, voters prefer politicians who cast themselves as the “defenders” of the community from outsiders’ keen on taking their land and resources. Thus, voters lean towards politicians with a “warlord” mentality rather than those with a good development record.

Three, in this “new” conflict controlling the narrative is central, making the national media and the local-language radio stations the battleground. Where the national media frames the region as a godforsaken Badlands, local-language radio stations offer politicians a safe space from where to speak directly to their people unfiltered. WhatsApp and the ever-mushrooming Facebook groups act as a functional auxiliary for sharing media content. This interface has made the Marsabit conflict far deadlier on and offline.

Conflict as theatre 

Every death in Marsabit is increasingly seen through the prism of cold arithmetic—losing and winning. This strips death of its meaning. Every death is accounted for on a ledger; it is a debt to be repaid with the death of another. Death is performance theatre, acted rather than mourned.

This theatre extends to the burial, measured by the length of the cavalcade of vehicles that accompany the body to the grave, and the promises made by politicians at his funeral or in their interviews in the local and national media. During a recent funeral, the number of vehicles contributed to the drama as cars stretched a kilometre from the centre of town to the cemetery.

Every death is accounted for on a ledger; it is a debt to be repaid with the death of another.

There was such silence in the picture that the silence was in our minds, but we know that the slow pace of the vehicles inching towards the cemetery had no connection to the past murders. In the prevailing mind-set, this image will replace that of the mad man whose throat had been slit at 8 p.m. near the market and who had tried to walk from the back of the police van into the hospital and failed—rising and falling, rising and falling.

Later, as the region’s leaders foam at the mouth on TV, everyone goes home with smaller versions of the same talk. Emotions are gauged through the metrics of tribe, place of murder, murder weapon, the known backstories of the casualties; many went unmoored as collaterals of the drama that people made of the conflict.

Part of the post-death package is “what have our leaders said?” This reaction is baked into the system of conflict, whether the said leaders are maintaining the honour of the tribe. Whether they have promised to even the score or repay the death debts. Their words are shared on and off line as a whispered social contract.

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Kenyans Need an Education That Is Human: A Call to Conscience

Colonial and post-colonial governments have worked to separate education from access to culture and information, and to isolate the school as the only source of learning.

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Kenyans Need an Education That Is Human: A Call to Conscience
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This is a call to Kenyans of conscience to step back and reflect on the lies about education that are circulating in the media, the schooling system and government. Foreign sharks have camped in Kenya to distort our education. Using buzzwords such as “quality” and “global standards”, these sharks seek to destroy the hopes, dreams and creativity of young Africans, not just in Kenya, but in the whole region, and to make a profit while at it. With the help of local professors, bureaucrats and journalists, they spread hatred for education among the population. At the same time, they ironically create a thirst for schooling that makes parents resort to desperate measures to get their children into school, going as far as accepting violence and abuse in schools that causes children to take their own lives.

This insanity must end.

We must accept that education is a life endeavour through which people constantly adapt to their social and natural environment. Education is more than going to school and getting the right paper credentials. Education occurs anywhere where human beings process what they perceive, make decisions about it and act together in solidarity. That is why education, culture and access to information are inseparable.

However, since colonial times, both the colonial and “independence” versions of the Kenya government have worked hard to separate education from culture and access to information. They have done so through crushing all other avenues where Kenyans can create knowledge. We have insufficient public libraries and our museums are underfunded. Arts festivals, where people come together and learn from unique cultural expressions, have been underfunded, and by some accounts, donors have been explicitly told not to fund creativity and culture. In the meantime, artists are insulted, exploited and sometimes silenced through censorship, public ridicule and moralistic condemnations in the name of faith.

All these measures are designed to isolate the school as the only source of learning and creativity, and this is what makes the entry into schools so cutthroat and abusive.

But entering school does not mean the end of the abuse. Once inside the schools, Kenyans find that there is no arts education where children can explore ideas and express themselves. In school, they find teachers who themselves are subject to constant insults and disruptions from the Ministry of Education and the Teachers Service Commission. Under a barrage of threats and transfers, teachers are forced to implement the Competency Based training which is incoherent and has been rejected in other countries. Many of the teachers eventually absorb the rationality of abuse and mete it out on poor children whose crime is to want to learn. This desperation for education has also been weaponized by the corporate world that is offering expensive private education and blackmailing parents to line the pockets of book publishers.

Education is more than going to school and getting the right paper credentials. Education occurs anywhere where human beings process what they perceive, make decisions about it and act together in solidarity.

By the end of primary and secondary school, only a mere 3 per cent of total candidates are able to continue with their education. This situation only worsens inequality in Kenya, where only 2 per cent of the population have a university degree, and where only 8,300 people own as much as the rest of Kenya.

But listening to the government and the corporate sector, you would think that 98 per cent of Kenyans have been to university. The corporate sector reduces education to job training and condemns the school system as inadequate for meeting the needs of the corporations. Yet going by statements from the Kenya Private Sector Alliance (KEPSA) and the government, there is no intention to employ Kenyans who get training. The government hires doctors from Cuba and engineers from China, and then promises the United Kingdom to export our medical workers. KEPSA is on record saying that we need to train workers in TVET so that they can work in other African countries.

It is clear that the Kenya government and the corporate sector do not want Kenyans to go to school and become active citizens in their homeland. Rather, these entities are treating schooling as a conveyor belt to manufacture Kenyans for export abroad as labour and to cushion the theft of public resources through remittances.

The media and the church also join in the war against education by brainwashing Kenyans to accept this dire state of affairs. The media constantly bombards Kenyans with lies about the composition of university students, and with propaganda against “useless degrees”. The church has abandoned prophecy and baptizes every flawed educational policy in exchange for maintaining its colonial dreams of keeping religion in the curriculum to pacify Kenyans in the name of “morality”.

The government is now intending to restrict education further through the Competency-Based Curriculum (CBC) which seeks to limit education through pathways that prevent children from pursuing subjects of their interests, and by imposing quotas on who can pursue education beyond secondary school. At tertiary level, the government is devising an algorithm that will starve the humanities and social sciences of funding. It claims that funds will instead go to medical and engineering sciences, which are in line with Kenya’s development needs.

But recall that foreigners are doing the work of medical professionals and engineers anyway, so “development” here does not mean that Kenyan professionals will work in their home country. They will work abroad where they cannot be active citizens and raise questions about our healthcare and infrastructure.

The proposed defunding of the arts, humanities and social sciences aims to achieve one goal: to reserve thinking and creativity for the 3 per cent of Kenyans who can afford it. This discrimination in funding of university education is about locking the majority and the poor out of spaces where they can be creative and develop ideas. It also seeks to prevent Kenyans from humble backgrounds from questioning policies and priorities that are passed under dubious concepts such as “development needs” that are largely studied in the humanities and social sciences.

It is clear that the Kenya government and the corporate sector do not want Kenyans to go to school and become active citizens in their homeland.

Clearly, there is a war against education and against Kenyans being creative and active citizens in their own country. For the 8,300 Kenyans to maintain their monopoly of resources, they need to distract Kenyans with propaganda against education, they need to limit Kenyans’ access to schooling, and they need to shut down alternative sources of training, information and knowledge. By limiting access to schooling and certificates, the 8,300 can exploit the work of Kenyans who have not been to school, or who have not gone far in school, by arguing that those Kenyans lack the “qualifications” necessary for better pay.

We must also name those who enable this exploitation. The greedy ambitions of the political class are entrenched by people who, themselves, have been through the school system. To adapt Michelle Obama’s famous words, these people walked through the door of opportunity, and are trying to close it behind them, instead of reaching out and giving more Kenyans the same opportunities that helped them to succeed. This tyranny is maintained by a section of teachers in schools, of professors in universities and of bureaucrats in government, who all fear students and citizens who know more than they do, instead of taking joy in the range of Kenyan creativity and knowledge. The professors and bureaucrats, especially, are seduced into this myopia with benchmarking trips abroad, are spoon-fed foreign policies to implement in Kenya. They harvest the legitimate aspirations of Kenya and repackage them in misleading slogans. For instance, they refer to limited opportunities as “nurturing talent”, and baptize the government’s abandonment of its role in providing social services “parental involvement”.

These bureaucrats and academics are helped to pull the wool over our eyes by the media who allow them to give Kenyans obscure soundbites that say nothing about what is happening on the ground. They also make empty calls for a return to a pre-colonial Africa which they will not even let us learn about, because they have blocked the learning of history and are writing policies to de-fund the arts and humanities. We must put these people with huge titles and positions to task about their loyalty to the African people in Kenya. We call on them to repent this betrayal of their own people in the name of “global standards”.

We Kenyans also need an expanded idea of education. We need arts centres where Kenyans can meet and generate new ideas. We need libraries where Kenyans can get information. We need guilds and unions to help professionals and workers take charge of regulation, training and knowledge in their specializations. We need for all work to be recognized independent of certification, so that people can be paid for their work regardless of whether one has been to school or not.

We need recognition of our traditional skills in areas like healing, midwifery, pastoralism, crafts and construction. We need a better social recognition of achievement outside business and politics. It is a pity that our runners who do Kenyans proud, our scientists, thinkers, artists and activists who gain international fame, are hardly recognized in Kenya because they were busy working, rather than stealing public funds to campaign in the next election. Our ideas are harvested by foreign companies while our government bombards us with useless bureaucracy and taxes which ensure that we have no impact here.

We need for all work to be recognized independent of certification, so that people can be paid for their work regardless of whether one has been to school or not.

Most of all, we need an end to the obsession with foreign money as the source of “development”. We are tired of being viewed as merely labour for export, we are tired of foreigners being treated as more important than the Kenyan people. We are tired of tourism which is based on the tropes of the colonial explorer and which treats Africans as a threat to the environment. And the names of those colonial settlers who dominate our national consciousness must be removed from our landmarks.

Development, whatever that means, comes from the brains and muscles of the Kenyan people. And the key to us becoming human beings who proudly contribute to society and humanity is education. Not education in the limited sense of jobs and certificates, but education in the broader sense of dignity, creativity, knowledge and solidarity.

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UN Panel of Experts: Kenya Urged to Back Former CJ Willy Mutunga Candidacy

Willy Mutunga, the former Chief Justice and President of the Supreme Court of Kenya has been nominated by a number of international organisations to be one of the three experts. International human rights activists are calling on the government of Kenya to join with others in Global Africa to support the nomination of Willy Mutunga.

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UN Panel of Experts: Kenya Urged to Back Former CJ Willy Mutunga Candidacy
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On 28 June 2021, the Human Rights Council of the United Nations called on the UN to set up a panel of experts to investigate systemic racism in policing against people of African descent. This call came one year after the police murder of George Floyd in the United States. The UN panel of three experts in law enforcement and human rights will investigate the root causes and effects of systemic racism in policing, including the legacies of slavery and colonialism, and make recommendations for change. Willy Mutunga, the former Chief Justice and President of the Supreme Court of Kenya has been nominated by a number of international organisations to be one of the three experts. International human rights activists are calling on the government of Kenya to join with others in Global Africa to support the nomination of Willy Mutunga.

The government of Kenya is strongly placed to support the nomination of its native son, an internationally respected jurist. Kenya is currently a member of the UN Security Council and an influential member of “A3 plus 1”, the partnership between the three African members of the Security Council and the Caribbean member of the UNSC, St Vincent and the Grenadines. Last week on 7 September, President Uhuru Kenyatta co-chaired the African Union, Caribbean Community summit. This meeting between the AU and the Caribbean states agreed to establish the Africa, Brazil, CARICOM, and Diaspora Commission. This Commission will mature into a politico/economic bloc embracing over 2 billion people of African descent. Kenya, with its experience of reparative justice from the era of the Land and Freedom Army, has joined with the Caribbean to advance the international campaign to end the dehumanization of Africans. African descendants around the world have lauded the 2021 Human Rights Council Report for calling on the international community to “dismantle structures and systems designed and shaped by enslavement, colonialism and successive racially discriminatory policies and systems.”

Background to the nomination of Hon Willy Mutunga

The murder of George Floyd on 25 May 2020 led to worldwide condemnation of police killings and systemic racism in the United States. The African Members of the UN Human Rights Council pushed hard to garner international support to investigate systemic racism in policing in the United States. In the wake of the global outcry, there were a number of high-level investigations into police killings of innocent Blacks. Three distinguished organizations, the National Conference of Black Lawyers, the International Association of Democratic Lawyers and the National Lawyers Guild convened a panel of commissioners from Africa, Asia, Europe, Latin America and the Caribbean to investigate police violence and structural racism in the United States. Virtual public hearings were held in February and March 2021, with testimonies from the families of the victims of some of the most notorious police killings in recent times.

In its report, a panel of leading human rights lawyers from 11 countries found the US in frequent violation of international laws, of committing crimes against humanity by allowing law enforcement officers to kill and torture African Americans with impunity and of “severe deprivation of physical liberty, torture, persecution and other inhumane acts”.

Among its principal findings, the Commission found the US guilty of violating its international human rights treaty obligations, both in terms of laws governing policing and in the practices of law enforcement officers, including traffic stops targeting Black people and race-based stop-and-frisk; tolerating an “alarming national pattern of disproportionate use of deadly force not only by firearms but also by Tasers” against Black people; and operating a “culture of impunity” in which police officers are rarely held accountable while their homicidal actions are dismissed as those of just “a few bad apples”.

After the Commission’s report was published, the convening organizations’ Steering Committee mobilized international public opinion to publicize its findings. Former CJ Willy Mutunga was one of the jurists in Africa who worked hard to publicize the report’s findings and recommendations.

It was in large part on the basis of these findings that the Human Rights Council issued its own report at the end of June. The United Nations decided to set up a panel of experts to investigate systemic racism in policing against people of African descent, adding international weight to demands in the United States for accountability for police killings of African Americans, and reparations for victims. The panel of three experts will have a three-year mandate to investigate the root causes and effects of systemic racism in policing. Many organizations have submitted names for suggested panel members. Legal experts from Global Africa and international jurists have recommended Willy Mutunga to be one of the three panellists. Thus far, the following organizations have endorsed the candidacy of Willy Mutunga:

  1. The African Bar Association, with membership in 37 African Countries.
  2. The United States Human Rights network (USHRN), a National network of U.S. organizations working to strengthen the Human Rights movement in the US.
  3. International Commission of Inquiry on Systemic Racist Police Violence Against People of African Decent in the United States.
  4. Society of Black Lawyers of the United Kingdom
  5. Bandung Conference, a Diaspora Human Rights network based in Nairobi, Kenya.

There are now calls for the government of Kenya to step forward to be more proactive to lobby the Human Rights Council and to write letters to its President, H.E. Nazhat Shameen Khan (hrcpresidency@un.org), endorsing the candidature of Dr Mutunga. His CV is included for those who want to write to the Minister of Foreign Affairs for Kenya to lead the endorsement of Willy Mutunga.

The Steering Committee of the International Commission of Inquiry on Systemic Racist Police Violence in the United States is coordinating the campaign for Dr Willy Mutunga to be appointed by the UNHRC as a member of the International Expert Mechanism to monitor compliance of the UNHRC findings and recommendations.

The Government of Kenya and Human Rights groups are kindly asked to send copies of their endorsements to the Coordinator, International Commission of Inquiry on Systemic Racist Police Violence in the United States, lennoxhinds@aol.com.

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