Once the flood of sanctimonious tributes ebbs after Daniel arap Moi’s burial, his true legacy will remain in the 205-page manual on how not to rule a country. Chapter and verse of the Constitution of Kenya, 2010, responds to what Moi put the country through in the 24 years he was president: it disperses power, secures human rights, shares resources, protects the environment and guarantees independent institutions. And it says unequivocally, “Never again”.
Moi’s misrule neutered parliament, turned the courts into his puppets, and the bureaucracy into his handmaid. With just a little tinkering – ironically by the man who had been his vice president and minister for finance as well as by Moi’s erstwhile lieutenants – the system he used did put Kenya on the mend, thus confirming the hypothesis that the dictator had been the problem all along.
The sense of relief at Moi’s departure from office was captured in the cartoon by Godfrey Mwampembwa, aka Gado, depicting a public notice with the former president’s caricature announcing that he was no longer authorised to transact any business on behalf of the people of Kenya. But the place of honour for first caricaturing Moi in 1990 belongs to Paul Kelemba, aka Maddo.
Moi’s narcissism drove him to flatter himself into believing that there would come a time when Kenyans would pine for his return to power. Clearly, that did not come to pass in the 18 years he was in retirement – despite the upheavals of two electoral crises that bordered on civil war and secession.
Aware of his limitations in filling founding president Jomo Kenyatta’s shoes, Moi elected instead to follow in his footsteps – the irony of following a dead man’s footsteps backwards was completely lost on him. Greatly buoyed up by the sycophancy of choristers, Moi began to demand flattery as a right; returning from a foreign trip early in his presidency, Moi demanded that everyone sing his tune “like parrots” – just as he had done while serving as Jomo Kenyatta’s vice president for 15 years.
Yet, Moi’s ascendancy to the presidency was not so much a product of his loyalty to founding President Jomo Kenyatta as it was a years-long cloak and dagger scheme choreographed by the Machiavellian Attorney General, Charles Njonjo, to manipulate the Kenyatta succession in the event of his death.
Moi’s narcissism drove him to flatter himself into believing that there would come a time when Kenyans would pine for his return to power
As it happened, the numerous attempts to stop Moi from holding office in an acting capacity for 90 days were rendered moot. Duncan Ndegwa, former Central Bank of Kenya governor, writes in his autobiography that in September 1978 there was a disagreement between Njonjo and the Secretary to the Cabinet concerning Moi’s swearing in — in the presence of the Chief Justice and Moi. In the end, Moi was sworn in as President — and not in an acting capacity as provided for in the Constitution. Within two weeks of Kenyatta’s death, the entire Cabinet pledged loyalty to Moi and endorsed his candidature. He would take oath publicly as President on 14 October 1978, nearly a full month before the 90 days transition period lapsed. Moi, with Njonjo’s help, had just executed the first coup against the Constitution. Njonjo continued to employ Edgar Hoover-style tactics to build files on public figures, which information he would use to blackmail them into silence.
Moi’s presidency started as a collegial affair between himself, State Security minister Godfrey Gitahi Kariuki and Njonjo, with the trio riding together in the presidential limousine – but some say the new boss insisted on this arrangement to avoid assassination.
Njonjo’s error of judgment – hoisting into the presidency someone he considered unfit for the office in an attempt to use him to accede to power – would come back to bury the former AG’s political ambitions. Seduced by Moi into resigning from his position as AG to join Parliament in order to assist him, Njonjo betrayed his hunger for political power and was scalped for it. Within a year, he would be ready for the big fall resulting from the 1982 failed coup d’etat, and be publicly humiliated through a judicial commission of inquiry. Although the commission found Njonjo guilty, Moi pardoned him instantly, so that he could retire to minding businesses in which the president continued to hold shares, and attending the annual dog show. Some speculate that Moi and Njonjo had a gentleman’s pact in which the former would serve as president for five years before handing over to the latter.
Analyses of the pathology of Moi’s dictatorship often identify the failed coup d’état of 1 August 1982 as the turning point in his personality. The evidence points to the contrary.
Although in 1978 Moi had freed political prisoners detained under his watch as Home Affairs minister and ostensibly on Kenyatta’s authority, he returned to the default settings when university students held demonstrations to demand that one-time vice president Jaramogi Oginga Odinga be allowed to contest the 1979 elections from which he had been barred. The following year, Moi banned the Academic Staff Union, barred external speakers from the university, and seized the passports of eight lecturers (Micere Mugo, Oki Ooko Ombaka, Michael Chege, Mukaru Ng’ang’a, Okoth Ogendo, Atieno Odhiambo, Peter Anyang-Nyong’o and Shadrack Gutto).
Moi’s ascendancy to the presidency was a years-long cloak and dagger scheme choreographed by the Machiavellian Attorney General, Charles Njonjo
The open-air theatre at Kamirithu in Limuru was banned, together with the play Ngugi wa Thiong’o and Micere Mugo were staging, Ngaahika Ndeenda. Ngugi and Micere fled into exile.
Later, Moi publicly excoriated linguist Al Amin Mazrui, educational psychologist Edward Oyugi, sociologist George Katama Mkangi, lawyer Willy Mutunga and historians Mukaru Ng’ang’a and Maina wa Kinyatti for teaching “bad ideas”. They were all either arrested, jailed or detained without trial, or forced into exile. It would mark the beginning of the formal decline of the university as a centre of learning and ideas.
The roll of those arrested, convicted and jailed on trumped up charges, or detained without trial, included writers, journalists and thinkers like Wahome Mutahi, Njuguna Mutonya, Paul Amina and Otieno MakOnyango.
In 1980, the army interned the local population in a school field resulting in the death of 3,000 people in what came to be known as the Garissa Massacre. A repeat performance at the Wajir Airstrip resulted in the Wagalla Massacre with 5,000 casualties.
By the end of June 1982, Parliament had removed the security of tenure for judges and the Attorney General, leading to the resignation of two Commonwealth judges — and the country legally became a one-party state. It was believed that at least three coups d’état had been planned for August 1982. By then, Moi already fit the textbook definition of a dictator.
Published memoirs by five people at the centre of government – deputy spy chief Bart Joseph Kibathi, politician Njenga Karume and heads of civil service Jeremiah Kiereini, Simeon Nyachae and Duncan Ndegwa – suggest that Moi knew about the planned August 1, 1982 coup attempt but allowed it to go ahead in order to strengthen his hand in changing leadership in the armed services. Subsequently, Moi disbanded the air force and changed the leadership of the army and the police, stocking them with his co-ethnics. It is ironical that some of the co-ethnics whom he appointed to critical institutions had the most progressive effect on them: General Daudi Tonje, whose regulations continue to guide military service; Brigadier Wilson Boinnet, who rebranded the National Security Intelligence Service; and Micah Cheserem, who led reform at the Central Bank of Kenya in the aftermath of the export compensation scandal.
Moi, with Njonjo’s help, had just executed the first coup against the Constitution
Moi was easily threatened by ideas, and was loath to engage what he termed as “foreign ideologies”. He was mortally afraid of political challenge and competition. Since the 1960 pre-independence election in which he defeated his brother-in-law Eric Bomet in Baringo with 5,225 votes to Bomet’s 503, Moi had dodged every opportunity to obtain a popular mandate, contenting himself with being “elected” unopposed until he was forced to confront his opponents in the 1992 and 1997 elections. In both instances, he slipped through to the presidency with only a third of the vote, even after committing a host of election irregularities.
Notwithstanding Moi’s aversion to new ideas and intellectuals generally, he surrounded himself with pliable intellectuals and left a large imprint on Kenya’s education sector. He appropriated the choral music genre, infiltrated universities through the establishment of district students’ associations, introduced a quota system in admissions to secondary schools and banned the umbrella students’ body, thus entrenching tribalism.
His bold education investment through the Kabarak schools and university, and the change in the education system to respond to the country’s needs as well as expanding higher learning by opening up universities, have all had mixed results. For example, the free milk programme that encouraged school attendance and retention was also used to brainwash children into reciting a loyalty pledge, and collapsed the Kenya Co-operative Creameries.
His undertaking of huge infrastructure projects to expand air transport, increase electricity generation, and his commitment to environmental conservation through tree planting and building gabions is counterbalanced by massive corruption, the proliferation of white elephants, and land grabbing in the country’s water towers.
In 1980, the army interned the local population in a school field resulting in the death of 3,000 people in what came to be known as the Garissa Massacre
A man who never enjoyed a popular mandate outside his Baringo birthplace where his original name – Kapkorios – was lost, Moi seemed easily threatened and reacted by capturing, personalising and predating on the instruments of state – the courts, the police service, the academy, the military, the bureaucracy, the political party.
Significantly, Moi appropriated the treasury and converted it to his personal use to buy and maintain political loyalties or to punish those he perceived as dissenters. Underneath the façade of churchgoer piety, public generosity and the common touch, lurked a cold and vindictive megalomaniac fueled by an insatiable hunger for power.
The assassinations of Foreign minister Robert Ouko, Catholic priest Fr Anthony Kaiser and student leader Solomon Muruli are often laid at Moi’s doorstep, and few others. Yet, many watchers of Jomo Kenyatta’s last years acknowledge his frailty and unavailability, but stop short of assigning blame for the muscular actions that took place in that time, such as the assassinations of Pio Gama Pinto, Tom Joseph Mboya and Josiah Mwangi Kariuki. These deaths were conveniently laid at Kenyatta’s feet when it was Moi who was Home Affairs Minister and the greatest beneficiary of the victims’ absence from the political arena.
Four years before Mboya’s death, when Kenyatta suffered a mild stroke, and there was great concern about his succession, Moi and Njonjo schemed to create a constitutional amendment to raise the age of presidential eligibility to 40 years, up from 35. Mboya was 37.
Published memoirs by five people at the centre of government suggest that Moi knew about the August 1 1982 coup attempt
Mboya’s assassination in 1969 was believed to have been orchestrated by a “big man”, whom everyone assumed was Kenyatta. No one has explored whether anybody else might have been the “big man”. Moi’s car was stoned when he attempted to pay his respects to Mboya’s widow two days later. Two days after that incident, Moi issued an incongruous statement blaming the death on the Chinese working in concert with “a local party”, meaning the Kenya People’s Union.
In the case of popular legislator Josiah Mwangi Kariuki’s death, Moi issued a statement in Parliament claiming that the politician was in Zambia when in fact his post-mortem examination had already been concluded. Kenyatta took much heat for the killing of Pinto, Mboya and JM Kariuki, but the greatest beneficiary of Kenya losing three leading political giants is not too difficult to imagine.
Under Moi, security services normalised the use of torture and other human rights abuses. The highrise Nyayo House in Nairobi was constructed in 1979 with custom-made torture chambers in the basement, which would be put to chilling use during the years of Moi’s untrammelled power. Numerous families were torn apart by the effects of detention without trial, enforced disappearances and torture.
Handpicked by colonial authorities in 1950 for civics training to become a moderate leader, Moi initially declined to represent Rift Valley in the Legislative Council but later accepted after Moses Mudavadi and Enock Kiprotich Ngulat turned down nominations for the job. In the first electoral contest to represent Rift Valley in the Legislative Council, Moi won 4,000 votes against John ole Tameno (750) and Justus ole Tipis (1,500).
Moi appropriated the treasury and converted it to his personal use to buy and maintain political loyalties
Moi had started out as founder of the regionalist party, the Kenya African Democratic Union, which placed emphasis on human rights. His defection to the centralist Kenya African National Union when Kadu dissolved exposed his commitment as only skin-deep. The defection earned him the plush position of Home Affairs minister, previously held by Vice President Oginga Odinga, from where he harassed his predecessor into resignation.
Some have claimed that Moi sold out on claims for community lands in the Rift Valley in exchange for power. Settlement in the Rift Valley would reemerge as a sticking point, leading to the ethnic and political clashes that marked the darkest periods in Moi’s reign, and the Moi who had warned non-Kalenjin against buying land in Rift Valley would oppose devolution, saying it was a recipe for breaking up the country. His political scions continued the animus through micro-aggressions against the new order.
Moi defenders shy away from interrogating his nationalism but never question his patriotism in the plunder and pilferage of public resources that led to the near-collapse of the economy. Curiously, audit firm Kroll Associates, commissioned by Moi’s successor Mwai Kibaki to investigate corruption in Kenya, found that Moi and his acolytes had stashed Sh140 billion outside the country. A significant amount of money and assets was reportedly surrendered to the government when Moi left power in December 2002.
Since the 1960 pre-independence election in which he defeated his brother-in-law Eric Bomet in Baringo, Moi had dodged every opportunity to obtain a popular mandate
In the 40 years of mediocrity that Moi gave Kenya in service as a member of the Legislative Council, vice president and president, he erected monuments to prop up his fragile ego and gave his name to numerous institutions, but none was large enough to fill the void his rule had created in the nation’s psyche.
Moi considered himself a peacemaker, and intervened in conflicts from Angola and Mozambique to Rwanda, Uganda, Burundi, Somalia, Ethiopia and Sudan. His greatest achievement in the field of diplomacy remains the revival of the East African Community, and the creation of the Inter-Governmental Authority on Drought and Desertification, but even here, he had less than stellar results in countries where his personal loyalties clashed with his role as mediator. Moi’s friendship with Juvenal Habiryamana is believed to have influenced his suggestion of a two-state solution for the Hutu and Tutsi in Rwanda and Burundi.
His paternalism in Uganda soured relations with Yoweri Museveni when the latter deposed General Tito Okello despite a signed peace agreement and his sheltering of Somalia’s Mohamed Siad Barre complicated peacemaking in the neighbouring nation.
South Sudan, which was to be the jewel in Moi’s crown of peacemaking efforts, has come apart at the seams. Moi adopted a problematic posture with regard to apartheid South Africa. He received Frederick de Klerk and broke sanctions to allow South African Airways flights to Nairobi, prompting African National Congress’s Nelson Mandela to fly in and seek him out at his Kabarak home.
Under Moi, security services normalised the use of torture and other human rights abuses
Moi’s reentry into Kenyan politics to endorse Kibaki in the 2007 election despite legal bars to his participation from retirement resulted in political rapture that precluded him as peacemaker and mediator when Kenya went bust.
His departure from power opened a floodgate of legal suits for torture and other human rights abuses, land seizures and dispossession, but there has been no formal accounting for economic crimes after the judicial commission of inquiry into the Goldenberg export compensation scandal. It is speculated that when Moi visited Kibaki in a London hospital following the latter’s accident on the campaign trail in 2002, a pact was struck to not prosecute Moi if he allowed free elections that year.
Credit is due to Moi, though, for his ability to adapt to change. Here was a Cold War politician who found his footing in the new world order confronting terrorism and plural politics. The self-styled professor of politics found himself out of his depth in the global arena, and was at the mercy of the International Monetary Fund and the World Bank at the end of his rule. It is a tragedy that in spite of his deeply felt anti-imperialist sentiment, he mortgaged the country and left it at the mercy of the IMF and the World Bank on his way out.
Even the worst dictators have a human side to them – they love music, play with grandchildren, eat roast maize by the roadside — but it is hardly enough to humanise the evil that they commit.
Moi separated from his wife, Lena, in 1975 and lived as a bachelor until his death, but had reportedly reconciled with her before she died. His biographer, Andrew Morton writes that, with the exception of Gideon, he was disappointed in his children and it is remarkable that he did not attend the burial of his eldest son, ace rally driver Jonathan Toroitich.
South Sudan, which was to be the jewel in Moi’s crown of peacemaking efforts, has come apart at the seams
Books on Moi reveal little of the man, but Wanjiru Waithaka’s fictional account, Duel in the Savanna, portrays a man not too dissimilar to Moi in the character of Zack Dwanje. It is so far the only known speculation on Moi’s personal life. He is survived by his children, Doris, Jennifer, Raymond, Philip, John Mark, Gideon and June.
Kanu, the party Moi took over, is in a shambles, with 13 legislators out of 349 in the national leadership. The country is on a trajectory opposite to where he had been taking it. The harambee, his channel for generosity, has become a conduit for corruption.
A man of numerous contradictions, Moi thrived in randomness – hiring and firing people over the radio, making policy pronouncements by the roadside, and creating the appearance of popular participation in an administration he ran on a very tight leash. If his life leaves behind a lesson, it is in the codification of the Kenyan constitution so that the country need never again be subject to the whims of one person.
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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.
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 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).
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.
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.
Vaccine Internationalism Is How We End the Pandemic
The G7 is prolonging the pandemic. The Summit for Vaccine Internationalism is organizing to end it.
Last week, as the Covid-19 virus claimed more than 10,000 lives each day, the leaders of the G7 met to discuss their plans to end the pandemic.
Since the last G7 meeting in February, one million more people have died from Covid-19. A new wave of the pandemic is decidedly here — and with it, the warning that the virus could mutate further and become resistant to existing vaccines.
And yet, despite this lethal urgency, a plan and commitment to vaccinate the world failed to materialize in Cornwall. Even the heralded pledge to donate a billion doses of the Covid-19 vaccine — a fraction of the 11 billion doses the world needs, and spread over a year and a half — dropped to 870 million by the time the meetings concluded, out of which only 613 million doses are truly new.
We cannot seriously expect the G7 leaders to challenge a global health system that they constructed. Nor can we wait around for fresh promises of charity. As the G7 pose for photographs on the beach, new variants of concern continue to accelerate the virus’s assault: the Alpha variant in the UK, Beta in South Africa, Gamma in Brazil, and now, Delta in India. Every minute that global cooperation is delayed is another neighborhood of lives at risk.
As of today, the G7 countries have purchased over a third of the world’s vaccine supply, despite making up only 13% of the global population. Africa, meanwhile, with its 1.34 billion people, has vaccinated a meagre 1.8% of its population. The result: At the current rate, low-income countries will be left waiting 57 years for everyone to be fully vaccinated.
That is why the Progressive International is bringing together a new planetary alliance of government ministers, political leaders, and vaccine manufacturers in an emergency summit for #VaccineInternationalism.
In this moment, every laboratory, every factory, every scientist, and every healthcare worker must be empowered to produce and deliver more vaccines for everyone, everywhere. Instead, high- and middle-income countries have used up more than 85% of the world’s vaccine supply. Many have done nothing to waive patent monopolies on vaccines. None of them have done anything to force a transfer of vaccine technology to the world.
Today, as most of the world grapples with having any vaccines at all, the United States and other rich countries grapple with what will soon be huge surpluses of vaccines.
It is clear: The end of this pandemic is now being artificially delayed. It could end — we could make enough vaccines in one year, according to Public Citizen — but instead of sharing technology and cooperating to manufacture vaccines, powerful pharmaceutical companies are choosing to extend it. The IQVIA report on the potential market for booster shots is telling: an estimated $157 billion will be spent worldwide on Covid-19 vaccines through 2025. Governments have already transferred extraordinary amounts of public money into private pockets, creating nine new billionaires — pharmaceutical executives that have handsomely profited from a monopoly on Covid-19 vaccines. Their combined wealth is enough to fully vaccinate some 780 million people in low-income countries.
This cannot go on. Now, delegations of the Global South are coming together to demonstrate models of vaccine internationalism — Cuba, Bolivia, Argentina, Mexico, Kenya, Kerala, and more. Joining their call are allies from the Global North, from the UK, Canada, New Zealand — standing ready to challenge their governments to end their loyalty to Big Pharma and surrender their control over global health institutions. With vaccine manufacturers like Virchow, Biolyse, and Fiocruz stating their willingness to do their part — this coalition has a simple goal: to produce, distribute, and deliver vaccines for all.
With this summit, the Progressive International is sounding the alarm: our lives and liberty are in danger, and the sovereignty of the South is at stake. These progressive forces are coming together to set the stage for a new kind of politics —where solidarity is more than a slogan.
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