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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.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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