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Charities, Voluntourism and Child Abuse: Is There a Link?

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The recent case of children dying at a feeding centre in Uganda has once again highlighted the issue of whether “voluntourists” and children’s charities operating in Africa are doing more harm than good. RASNA WARAH explains why volunteers and non-profits working in poor countries need to be monitored and vetted more closely.

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Last year I wrote about Katie Meyler, a young American woman who set up an educational charity called More Than Me that ran a school for girls in Liberia and which became the site of sexual abuse perpetrated by one of its founders. It turned out that Meyler had no academic qualifications for teaching and her school, like many foreign NGOs and charities operating in Africa, was not sufficiently monitored by the Liberian authorities. It was only when a Liberian nurse at the school reported cases of sexually transmitted diseases, including HIV, among the students that the authorities took notice and when it became apparent that the girls in the school were being routinely raped by Meyler’s close friend, a Liberian man who recruited the girls from Monrovia’s poorest slums.

Now a similar case has emerged in Uganda. The case of Renee Bach has once again highlighted the dangers of allowing unregulated foreign charities to operate in poor countries. Bach’s case might never have received media attention if two Ugandan women had not sued her and her religious non-profit organisation, Serving His Children, which was ostensibly set up to feed malnourished Ugandan children. Gimbo Zubeda and Kakai Annet claim that their sons died as a result of having been “treated” at the Serving His Children feeding centre in Masese, Jinja. They are suing Bach for negligence.

Zubeda’s and Annet’s children were not the only ones who died at the feeding centre. Between 2010 and 2015, some 105 children died there, according to Bach’s own admission. Medics who have commented on the case say that many of these children were not just malnourished; they also suffered from other acute illnesses that Bach’s centre could neither diagnose nor treat properly. They died because there was no trained medical practitioner at the centre who could either prescribe the right medicine or refer the children to another facility.

What is most astonishing about this case is that Bach apparently passed herself off as a doctor even though she had no medical training. And despite having no credentials to run a feeding programme for severely malnourished children, she managed, like Meyler, to raise hundreds of thousands of dollars from donors in the United States who believed that she was saving African lives.

Orphanage tourism

Like many young naïve white volunteers who come to Africa and then decide to stay – and fund their stay by forming a charity – Bach arrived in Uganda as an 18-year-old volunteer. Two years later, in 2009, this young American women from Virginia registered an NGO in her home state that claimed to provide welfare to the needy and which also engaged in some Christian evangelism on the side. The area in Jinja where she set up her charity has high levels of illiteracy, particularly among women, and high levels of child malnutrition. This combination allowed her to hoodwink the local population and to pass herself off as a medical practitioner.

This particular initiative, which had deadly consequences, has once again raised the question of whether Africa needs more foreign charities and NGOs, and whether there is a direct link between what is often referred to as “voluntourism” and child abuse.

There is a growing awareness of the dangers of young volunteers from the West working for short periods of time in orphanages in poor parts of the world – in essence combining tourism with volunteer work. It appears that the number of orphanages in poor countries is growing in proportion to the number of volunteers. “Orphanage tourism” has now become a business, with tourists and volunteers paying large amounts of money to have an “orphanage experience”. One study in Cambodia found that the number of orphanages in the country had increased by 75 per cent between 2005 and 2010 even though the number of children without parents had declined; the majority of these orphanages were in tourist areas.

Parents or caregivers who give up their children to many of these orphanages are promised better education for the children but very often the children are kept in poor conditions to attract donor funding. This also seems to be the case with local charities run by individuals or which are funded by the government. Recently, a famous children’s home in Nairobi named after Kenya’s first First Lady was criticised for mistreating children under its care.

Many children are, in fact, actively recruited into orphanages to meet the demand of tourists, donors and volunteers – a phenomenon defined as “orphanage trafficking”. Sometimes one can accurately gauge the level of poverty in an area by the number of charities (especially orphanages) there. I once counted five orphanages in the short stretch between Malindi and Watamu, a tourist destination in Kenya that is known for both its high levels of poverty and its beautiful beaches. Is it possible that so many children in this part of Kenya’s coastal region have no parents? I seriously doubt it.

Children’s rights advocates have pointed out the lack of background checks on volunteers and say that the lack of child protection policies in many countries places vulnerable children at the risk of being sexually abused or trafficked by both locals and foreigners. Orphanages allow paedophiles claiming to be volunteers easy access to children.

Mythomaniacs

Many critics of the aid industry say that aid is not so much about making the aid recipient’s life better, but more about making the donor feel good about him or herself. That is why so many young white women, looking for adventure or redemption – or both – like Bach and Meyler, come to Africa when they could be helping poor or underprivileged communities in their own neighbourhoods back home.

The Nigerian-American writer Teju Cole dubbed this phenomenon “The White Saviour Industrial Complex”, which he says is not about justice but about having “a big emotional experience that validates privilege”. In an article published in The Atlantic in March 2012, Cole wrote: “Africa has provided a space onto which white egos can be conveniently projected. It is a liberated space in which the usual rules do not apply: a nobody from America or Europe can go to Africa and become a godlike saviour or, at the very least, have his or her emotional needs satisfied.”

And the writer Paul Theroux observed, “Because Africa seems unfinished and so different from the rest of the world, a landscape on which a person can sketch a new personality, it attracts mythomaniacs.”

Why come all the way to Africa when you could be helping your own people? Well, one reason is that it’s easier for a person in the United States to set up a charity claiming to be helping Africans in a country that a donor might never visit than it is to set up a non-profit for homeless people or drug addicts in your own neighbourhood, which might be monitored more closely by the authorities. Such monitoring and oversight is lacking in most African countries, especially countries that are experiencing conflict or natural disaster.

Secondly, it is easier to get away with all kinds of malpractices in Africa if you are white. Being white guarantees immunity from scrutiny. The women who came to Bach’s feeding centre referred to her as “doctor” simply because she was white. Iris Martor, the nurse who worked at the More Than Me Academy in Monrovia explained how white privilege allowed Meyler to get away with things that would have not been tolerated if she had been a black Liberian. “They think we are stupid, with little or no education, and our system is fragile, and they can get away with things because their skin is white,” she said.

Then there is the huge power imbalance. My friend Lara Pawson, a former BBC journalist, says that when she worked as a foreign correspondent in Africa she rarely saw white people treating Africans as equals. This is partly the Africans’ fault. White people in most former colonies in Africa are still treated like gods. They get the best tables at restaurants and are treated with utmost respect in public spaces. Just being white is enough to guarantee you various privileges.

And when they arrive here, they find that their standard of living improves considerably. A working class white kid from the wrong side of the tracks in Philadelphia or London will find that her UN or NGO job (which she got purely on the basis of skin colour) can afford her a big house in the nicest neighbourhoods – plus cooks and chauffeurs. Who would not want to live in Africa?

What no one asks is why we need a 20-something from Philadelphia to help us with problems that we should be solving ourselves.

The aid myth

Some of the fiercest critics of the aid industry have been from the African continent. Dambisa Moyo’s Dead Aid became a bestseller because she debunked the myth that aid benefits the poor. The Kenyan columnist Sunny Bindra has talked of how aid dependency erodes people’s dignity and self-respect. Maina Mwangi had called aid a “blunt instrument”. The Tanzanian scholar Issa Shivji has argued that when donors come to an African country, they establish a neoliberal agenda that essentially wrenches policy-making out of the hands of the African state. He says that the rapid rise of NGOs in Africa is part of a neoliberal offensive where the African state is demonised and the NGO is celebrated. Firoze Manji has often accused NGOs of “depoliticising poverty” by casting poverty, rather than social injustice, as the main problem facing so-called developing countries. Once poverty is depoliticised, it is delinked from the real causes of poverty – including corruption and exploitation of African resources by foreign multinationals. (You can read their brilliant essays on this topic in Missionaries, Mercenaries and Misfits, an anthology I edited.)

With so much opposition to aid by none other than Africans, why is it that these NGOs and charities keep coming to Africa? Well, it’s partly because we let them. African governments are only too happy to let charities and NGOs do the work that they should ideally be doing. And if the NGO or charity is run by a white person, all the better because not only will donor funds be guaranteed, but the government will also save its own resources (which can then be diverted to personal projects or can be embezzled).

How do we extricate ourselves from these do-gooders? Well, for one, by putting in place more stringent measures to vet and monitor them. The More Than Me Academy in Liberia had American teachers and volunteers with no experience in education. Both Bach’s and Meyler’s charities did not have boards that were located in the country where their NGOs were operating, which meant that there wasn’t sufficient oversight of their operations. Government inspectors did not come to the Meyler’s school or to Bach’s feeding centre to see if they met the required standards. No one was watching, so the abuse continued.

More importantly, African countries need to wean themselves off aid. NGOs can never replace governments when it comes to providing basic services – they simply do not have the mandate or the kind of resources to undertake service provision on a national scale. Only a government, or its agencies, can provide universal healthcare and education. Only a government can pass laws, regulations and oversight mechanisms that can ensure that NGOs are accountable to the people they purport to serve.

This is not to say that African governments can be relied on to do what is best for their citizens or to do what is in the public interest (as we in Kenya know too well) but to leave entire populations at the mercy of foreign charities and NGOs that are not accountable to anyone is highly irresponsible – and can be extremely dangerous, as the cases in Uganda and Liberia illustrate.

I don’t think all charities and donor organisations are doing harm; on the contrary, many have been crucial during emergency situations. But I do think that there must be more scrutiny of their operations and of their founders’ intentions. African countries should not be fulfilling the misplaced fantasies of naïve and confused white men and women who come to the continent to find themselves, and in the process end up harming those they claim to be helping.

Many countries are now waking up to the risks posed by voluntourism, especially as they relate to children’s charities and orphanages. Last year, Australia became the first country to recognise “orphanage trafficking” as a form of modern slavery. African countries should do the same.

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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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Cherry-Picking of Judges Is a Great Affront to Judicial Independence

Uhuru Kenyatta’s refusal to fulfil his constitutional duty to appoint and gazette JSC-nominated judges is a tyranny against the judiciary.

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Cherry-Picking of Judges Is a Great Affront to Judicial Independence
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The 2010 constitution placed an onerous responsibility on the judiciary. That responsibility is to check that the exercise of public power is done in a manner that is compliant with the constitution. The constitution brought everyone, including the president – in both his capacities as the head of state and head of national executive – under the law. Hence, the judiciary has the final word when called upon to determine whether anything done or said to be done by anyone in the exercise of public power is constitutional.

To ensure that judges and magistrates can perform this task, the 2010 constitution created a strong architecture to secure judicial independence. In a nutshell, judicial independence simply means creating the necessary guardrails to ensure that judges and magistrates are and feel fully protected to make the right decision without fear of reprisal and that the judiciary has the facilities it needs to create an enabling environment to facilitate judges and magistrates’ abilities to undertake that core mandate. Ordinarily, the critical aspects of judicial independence include decisional, operational/administrative as well as financial independence.

Operational independence safeguards the ability of the judiciary to run its affairs without interference from other arms of government or from anyone else. Financial independence on the other hand ensures that the judiciary is well funded and fully in control of its funds so that its core duty (decision-making) is not frustrated by either lack of funds or the possibility of a carrot–and-stick approach where the executive dangles funding to extract the decisions it wants. In this regard, the constitution creates a judiciary fund and places it under the administration of the judiciary. Unfortunately, the national government and the treasury have continued to frustrate the full operationalisation of the judiciary fund.

Centrality of an individual judge’s independence

Importantly, the foundational rationale for judicial independence and its different facets is securing the decision maker’s (judge and magistrate) individual independence. This is commonly referred to as decisional independence. In the end, the judiciary exists for only one reason: to adjudicate disputes. In this regard, the person who is charged with decision making is the one who is the primary beneficiary of judicial independence. Of course, ultimately, everyone benefits from an independent judiciary.

Still, the constitution has specific and high expectation of the decision-maker, including that he or she makes decisions based only on an objective analysis of the law and the facts. The decision maker must not be mesmerised or cowed by power. He or she should never be beholden to power – in the present or the future. Simply put, under the constitution, a decision maker should never have to think about personal consequences that he or she may suffer for making a decision one way or another as long as that decision is based on an honest analysis of the law and the facts. Put a bit differently, the decision maker should never have to make (or even think of calibrating) his or her decision to please those in or with power – either within the judiciary or outside it – with the expectation that it will help him or her to obtain professional favours, promotion or to avoid reprisals.

And this is why Uhuru Kenyatta’s cherry-picking of who should or should not be appointed judge is the greatest threat to judicial independence in Kenya.

But first a quick word on what the constitution says about the process of selecting, appointing and disciplining judges.

Selection and disciplining of judges

Before 2010, the president played a controlling role in the selection of judges. This meant that the surest way to become and remain a judge was by being in the good books of the president and his handlers. The result was that the judiciary was largely an appendage of the executive – and could hardly restrain the abuse of public power by the president or other ruling elites. The 2010 constitutional provisions on the judiciary were deliberately designed to eliminate or highly diminish this vice.

The power to select judges was given to the Judicial Service Commission (JSC), a body representative of many interest groups, the president key among them. Constitutionally, the president directly appoints three of the 11 JSC members: the attorney general and two members representing the public. But with his usual ingenuity at subverting the constitution, Uhuru Kenyatta has added to this list a fourth – by telling the Public Service Commission (PSC) who should be its appointee. Regardless, while there are always endless wars to control the JSC especially by the executive, the many interests represented complicate a full takeover of the JSC by the executive or any other interests. And that is partly what the constitution intended to achieve. The law – which the court has clarified numerous times – is that once the JSC has nominated persons to be judges, the president’s role is purely ceremonial, and one that he performs in his capacity as head of state. He must formally appoint and gazette the appointment of the judges. No ifs, no buts.

This is why Uhuru Kenyatta’s cherry-picking of who should or should not be appointed judge is the greatest threat to judicial independence in Kenya.

In fact, the law further clarifies that not even the JSC can reconsider its recommendation once it has selected its nominees. There is a good reason for this unbendable procedure – it helps to insulate the process from manipulation especially once the JSC has publicly disclosed its judge-nominees. Still, the constitution preserves for the president, the JSC and citizens the option of pursuing a rogue nominee by providing the realistic possibility for the initiation of a disciplinary and removal process of a judge even after appointment if there are legitimate grounds for such action.

In this regard, the JSC also has the responsibility to discipline judges by considering every complaint made against a judge to determine whether there are grounds to start proceedings for removal. It is to be noted that the president has more substantive powers in relation to the removal of judges. This is because if the JSC determines that there are grounds for the removal of a judge, the president’s hand is mostly unrestrained with regards to whom he appoints to sit on the tribunal to consider whether a judge should be removed. Unfortunately, there is an emerging trend that indicates that Uhuru undertakes this task in a biased manner by subjectively selecting tribunal members who will “save” the judges he likes.

The injustice of cherry-picking

Now, back to the injustices of Uhuru’s cherry-picking of judges for appointment.

The injustice is horrific for both the appointed judges and those who are not appointed, especially those of the Court of Appeal. Under the 2010 constitution, you do not become a superior court judge by chance.. For High Court judges nominated to the Court of Appeal, this is earned through hard work, countless sleepless nights spent writing ground-breaking judgments and backbreaking days sitting in court (likely on poor quality furniture) graciously listening to litigants complain about their disputes all day, and then doing administrative work to help the judiciary keep going. All this while maintaining personal conduct that keeps one away from trouble – mostly of the moral kind. Magistrates or other judicial staff who move up the ranks to be nominated judges endure the same.

The injustice is horrific for both the appointed judges and those who are not appointed, especially those of the Court of Appeal

If ever there was a list of thankless jobs, those of judges and magistrate would rank high on the list. It is therefore completely unacceptable that a faceless presidential advisor –  probably sitting in a poorly lit room with depressing décor and a constantly failing wifi connection, and who likely has never met a judge – can just tell the president, “Let’s add so and so to the list of judges without ’integrity’. And by the way, from the last list, let’s remove judge A and add judge Z”. Utterly unfeeling and reckless. Worse, the judge is left to explain to the world what his/her integrity issues are when he or she knows nothing about them.

Psychological tyranny

Cherry-picking also creates a fundamental perception problem. Kenya’s Supreme Court has confirmed that perception independence is a critical element of independence. For litigants appearing before the judges who were appointed in cases involving the president or the executive, it will be hard to shake-off the stubborn but obviously unfair thought that the judge earned the appointment in order to be the executive’s gatekeeper. That is what minds do; they conjure up possibilities of endless, and at times, conspiracy-inspired thoughts. Similarly, those who appear before a judge who was left out will likely believe that the judge – who decides a case impartially but against the executive – is driven by the animus of non-appointment. And you can trust the president’s people to publicly say as much and even create a hashtag for it. Yet such perceptions (of a judge who is thought to favour or be anti-executive) are relevant because justice is both about substance and perception.

And that is the psychological tyranny of Uhuru’s unconstitutional action – for both the judges that have been appointed and to those who have not. It is, indeed, a tyranny against the judiciary and, in a smaller way, against all of us. Perhaps just as Uhuru intended it to be.

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COVID-19 Vaccine Safety and Compensation: The Case of Sputnik V

All vaccines come with medical risks and Kenyans are taking these risks for their protection and that of the wider community. They deserve compensation should they suffer for doing so.

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COVID-19 Vaccine Safety and Compensation: The Case of Sputnik V
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How effective is Kenya’s system for regulating new medicines and compensating citizens who suffer side-effects from taking them? Since March 2021, Kenya has been using the AstraZeneca vaccine supplied through  COVAX to inoculate its frontline workers and the older population. This is available to the public free of charge, according to a priority list drafted by the Ministry of Health (MOH). The Pharmacy and Poisons Board (PPB) also approved the importation of the Sputnik V vaccine from Russia, which was initially available through private health facilities only at a cost of KSh8,000 per jab, before the MOH banned it altogether. However, there were reports in the media that the vaccine continued to be administered secretary even after the ban.

Although side effects are rare, we know that all vaccines come with certain medical risks. Kenyans taking vaccines run these risks not just for their own protection, but also for that of the wider community. The state has a responsibility to protect citizens by carefully controlling the distribution of vaccines and by ensuring that adequate and accessible compensation is available where risks materialise. These duties are enshrined in the constitution which guarantees the right to health (Article 43) and the rights of consumers (Article 46).

A system of quality control before the deployment and use of medicines is set out in the Pharmacy and Poisons Act the Standards Act, the Food, Drugs and Chemical Substances Act and the Consumer Protection Act. However, the controversy over Sputnik V in Kenya has cast doubt on the coherence and effectiveness of this patchwork system. Moreover, none of these Acts provides for comprehensive compensation after deployment and use of vaccines.

Vaccine approval and quality control

Subject to medical trials and in line with its mandate to protect global health, WHO has recommended specific COVID-19 vaccines to states. Generally, WHO recommendations are used as a form of quality control by domestic regulators who view them as a guarantee of safety and effectiveness. However, some countries rely exclusively on their domestic regulators, ignoring WHO recommendations. For instance, the UK approved and administered the Pfizer vaccine before it had received WHO approval.

The COVAX allocation system fails to take into account the fact that access to vaccines within countries depends on cost and income.

By contrast, many African states have relied wholly on the WHO Global Advisory Committee on Vaccine Safety given their weak national drug regulators and the limited capacity of the Africa Centre for Disease Control (CDC). The Africa CDC itself deems vaccines safe for use by member states on the basis of WHO recommendations. Kenya has a three-tier approval system: PPB, Kenya Bureau of Standards and WHO. The PPB relies on the guidelines for emergency and compassionate use authorisation of health products and technologies. The guidelines are modelled on the WHO guidelines on regulatory preparedness for provision of marketing authorization of human pandemic Influenza vaccines in non-vaccine producing countries. However, prior to approval by PPB, pharmaceuticals must also comply with Kenya Bureau of Standards’  Pre-Export Verification of Conformity standards .

Vaccine indemnities and compensation 

To minimise liability and incentivise research and development, companies require states to indemnify them for harm caused by vaccines as a condition of supply. In other words, it is the government, and not manufacturers, who must compensate them or their families where required. Failure to put such schemes in place has undermined COVID-19 vaccine procurement negotiations in some countries such as Argentina.  Indemnities can be either “no-fault” or “fault”-based’.

No-fault compensation means that victims are not required to prove negligence in the manufacture or distribution of vaccines. This saves on the often huge legal costs associated with tort litigation. Such schemes have had a contested history and are more likely to be available in the Global North. By contrast citizens of countries in the Global South must rely on the general law, covering areas such as product liability, contract liability and consumer protection. These are usually fault-based, and require claimants to show that the vaccine maker or distributor fell below widely accepted best practice. Acquiring the evidence to prove this and finding experts in the sector willing to testify against the manufacturer can be very difficult.

By default, Kenya operates a fault-based system, with some exceptions. Admittedly, citizens have sometimes been successful in their claims, as in 2017 when the Busia County Government was ordered by the High Court to compensate victims of malaria vaccines. The High Court held that county medics were guilty of professional negligence, first by not assessing the children before administering the vaccines, and second by allowing unqualified medics to carry out the vaccination.

The problem is that the manufacturer has not published sufficient trial data on the vaccine’s efficacy.

In recognition of these difficulties, and in order to ensure rapid vaccine development during a global pandemic, WHO and COVAX have committed to a one-year no-fault indemnity for AstraZeneca vaccines distributed in Kenya. This will allow victims to be compensated without litigation up to a maximum of US $40,000 (approx. KSh4 million). To secure compensation, the claimant has to fill an application form and submit it to the scheme’s administrator together with the relevant evidentiary documentation. According to COVAX, the scheme will end once the allocated resources have been exhausted. The scheme also runs toll-free telephone lines to provide assistance to applicants, although the ministries of health in the eligible countries are also mandated to help claimants file applications.

Beneficiaries of the no-fault COVAX compensation scheme are barred from pursuing compensation claims in court. However, it is anticipated that some victims of the COVAX vaccines may be unwilling to pursue the COVAX scheme.  At the same time, since the KSh4 million award under COVAX  is lower than some reliefs awarded by courts in Kenya, some claimants may avoid the restrictive COVAX compensation scheme and opt to go to court. Because such claimants may instead sue the manufacturer, COVAX requires countries to indemnify manufacturers against such lawsuits before receiving its vaccines.

Sputnik V 

Sputnik V is different. Neither the WHO-based regulatory controls before use, nor the COVAX vaccine compensation scheme after use applies. Sputnik has not been approved by WHO or the Africa CDC. The PPB approved its importation in spite of the negative recommendation of Africa CDC, and in the face of opposition from the Kenya Medical Association. The rejection of Sputnik in countries like Kenya is partly due to the reluctance of Russia’s Gamaleya Institute to apply for WHO approval, partly because the manufacturer has not published sufficient trial data on the vaccine’s efficacy, and partly due to broader mistrust of the intentions of the Russian state. This may be changing as Africa CDC Regulatory Taskforce and European Medicines Agency are now reviewing the vaccine for approval while 50 countries across the globe have either approved its use- or are using it already. In Africa, Ghana  Djibouti, Congo and Angola have approved the use of Sputnik V with Russia promising to donate 300 million doses to the African Union. Such approvals have been hailed for providing an alternative supply chain and reducing overreliance on the West.

As regards compensation, Russia has indicated that it will provide a partial indemnity for all doses supplied. However, no clear framework has been set out on how this system will work. There has therefore been no further detail on the size of awards, and whether they will be no-fault or fault-based. This lack of legal specifics has added to the reluctance of countries around the world to adopt the vaccine.

As matters stand, therefore, the Kenyan government would not be able to indemnify private clinics importing and administering Sputnik V. The absence of a statutory framework on vaccine compensation by the state makes this possibility even less likely. Nor would compensation be available from the Gamaleya Institute. The only route then would be through affected citizens taking cases based on consumer protection legislation and tort law in the Kenyan courts. As we have noted, this is complex and costly. Claims might be possible in Russia, but these problems would be exacerbated by language barriers and differences between the legal systems, as well as the ambiguity of the Russian compensation promises.

The private sector can complement state vaccination efforts, but this must be done in a way that guarantees accessibility and safety of citizens.

Although the importers obtained a KSh200 million insurance deal with AAR as a precondition for PPB authorisation, the amount per claimant was restricted to KSh1 million, which is well below the WHO rates and the average tort rates ordered by Kenyan courts.  As an alternative to claiming against the manufacturers and distributors, injured patients might sue the Kenyan government. Such a claim would allege state negligence and dereliction of statutory and constitutional duties for allowing the use of a vaccine that has not been approved by global regulators such as WHO, thus exposing its citizens to foreseeable risks. This would be particularly attractive to litigants given the difficulties in recovering from the Russian authorities and the risk that Kenyan commercial importers would not be able to meet all possible compensation claims. Ironically, the use of the Sputnik V vaccine in private facilities still exposes the government to lawsuits even if it didn’t facilitate the vaccine’s importation and distribution.

What the government needs to do

The acquisition of vaccines has been undermined by the self-interested “nationalism” of states in the Global North. Only after buying up the greater part of available vaccines have they been willing to offer donations to the rest of the world. These highly publicised commitments fall far short of what is required in the Global South. Kenya’s first task must be to intensify its diplomatic efforts to increase supply through bilateral engagement with vaccine manufacturing states and in multilateral fora like the World Trade Organization, acting in alliance with other African states. Such steps are only likely to bear fruit in the medium term, however. In the short term, it is certainly sensible to involve private companies in vaccine procurement and distribution in order to supplement the supplies available through COVAX. This is recognised in Kenyan and international law as an acceptable strategy for securing the right to health. But it must be done in a way that guarantees accessibility and the safety of citizens. Accordingly, Kenya should encourage Russia (and all vaccine manufacturers) to publish full trial data showing effectiveness and risks, and to seek WHO approval on this basis. It should require them to establish and publicise detailed indemnity frameworks to allow for comprehensive and accessible compensation. It should acknowledge that citizens accepting vaccines are not only protecting themselves, but also the wider national and global community. With adequate regulation before use, the risk of doing so can be minimised and made clearer. But some risk remains, and those who run it deserve to be compensated for doing so. It is therefore imperative for Kenya to establish its own no-fault indemnity scheme for all state-approved vaccines, including those imported by the private sector.

This article draws from COVID-19 in Kenya: Global Health, Human Rights and the State in a time of Pandemic, a collaborative project involving Cardiff Law and Global Justice, the African Population and Health Research Centre, and the Katiba Institute, funded by the Arts and Humanities Research Council (UK).

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Gone Is the Last Of the Mohicans: Tribute to Kenneth Kaunda

As we mourn President Kaunda, my prayer is that the death of this great African son and leader will remind us of the sacrifices that he and his contemporaries who fought for Africa’s independence made.

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Gone Is the Last Of the Mohicans: Tribute to Kenneth Kaunda
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17 June 2021

Tonight, I was welcomed in Addis Ababa, Ethiopia, by the sad news of the death of the first President of the Republic of Zambia and a founding father of the nation, His Excellency Dr. Kenneth Kaunda.

In this moment of great loss to Zambians and indeed all Africans, I wish to express my heartfelt condolences to the Kaunda family, President Edgar Lungu, and the government and people of the Republic of Zambia.

The demise of President Kaunda at the grand old age of 97 years brings to end the pioneers and forefathers who led the struggles for decolonisation of the African continent and received the instrument of Independence from the colonial masters in Africa.

Let all Africans and friends of Africa take solace in the knowledge that President Kaunda has gone home to a well-deserved rest and to proudly take his place beside his brothers such as Jomo Kenyatta of Kenya, Kwame Nkrumah of Ghana, Julius Nyerere of Tanzania, Habib Bourguiba of Tunisia, Léopold Sédar Senghor of Senegal, Nnamdi Azikiwe of Nigeria, Ahmed Sékou Touré of Guinea, Félix Houphouët-Boigny of Côte d’Ivoire, Patrice Lumumba of Congo, Nelson Mandela of South Africa to name but a few.

All of them, without exception, were nationalists who made sacrifices in diverse ways. Some, like Patrice Lumumba, untimely lost their lives soon after independence. We are consoled that God granted President Kaunda long life to witness the progression of Africa through five decades of proud and not-so proud moments.

In December 2015, I visited President Kaunda at his home in Lusaka in what was to be our last meeting. As we discussed about everything from family to politics in our two countries and indeed in Africa generally, I asked him if the Africa that we have today is the Africa for which he and his contemporaries struggled and fought. President Kaunda was visibly pained in his response and at some point he broke down and wept. It was obvious to me how disappointed he was about some of the challenges that have plagued our continent for decades since independence.

As we mourn President Kaunda, my prayer is that the death of this great African son and leader will remind us of the sacrifices that he and his contemporaries who fought for Africa’s independence made. Let it remind us of the vision that they had for Africa; their hopes and aspirations; their dream for a free, strong, united and prosperous Africa. Let us, African leaders and people, never let the labour of these heroes past be in vain.

Rest well, KK. Africa is free and will be great.

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