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Erased: Get Over It Vanessa, It’s a White Man’s World

8 min read.

Instead of seeking fame by association with white people, Nakate must run her campaign from the continent of Africa and create a groundswell of African climate activists who can challenge the orthodoxy that Africans are not capable of addressing issues that affect them.

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Erased: Get Over It Vanessa, It’s a White Man’s World
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When an insensitive photo editor at the Associated Press (AP) erased the image of a Ugandan climate activist from a photo that included the Swedish climate star Greta Thunberg, it created a stir and led to accusations of racism against the news organisation.

It all started when Vanessa Nakate posted a tearful video of herself where she lamented the fact that she, unlike the white activists attending the World Economic Forum in Davos, had not been recognised for her efforts on account of her skin colour. By removing her from the photo (the cropped version of which showed Thunberg with three other young white activists), she said on Twitter, AP had not only erased a person, but the entire African continent.

AP responded by explaining that Nakate was cropped from the photo because the building behind her was a distraction. As an amateur photographer myself, I can see why a photo editor would want to use a perfect background of the Swiss Alps and not an unsightly building in an image. Maybe racism had nothing to do with the decision to remove her; it was merely an aesthetic choice. However, even the AP’s editors had to finally concede that they had made a journalistic error.

Nakate is still young, so probably she doesn’t know yet that being a woman of colour means being constantly erased, ignored, ridiculed, humiliated, harassed or ghosted by those in power – usually white men. She should have known that black people, and especially black women, rarely get the credit for the work they do, even when it has global impact. She might want to recall that the #MeToo movement was started by Tarana Burke, an African-American woman, but only gained momentum when white Hollywood actresses started using the hashtag and started talking about their own experiences of sexual harassment and abuse. White people not only steal non-white people’s ideas, they appropriate them, make them their own, and then take the credit.

Being a woman of colour means being constantly erased, ignored, ridiculed, humiliated, harassed or ghosted by those in power – usually white men

Nakate may have heard that the civil rights movement in the United States only gained credence when white presidents like John F. Kennedy embraced it, and that Nelson Mandela gained “saintly” status only after he forgave his white tormentors.

Nakate made the mistake of naively believing that she is an equal partner in the fight for the climate; she thought that she would not only be recognised for her efforts, but would be rewarded as well. I applaud her for her optimism and faith, but as she gets older (and more cynical) she will realise that black and brown women – or what we now call women of colour – rarely get to sit at the high table unless they are “anointed” by the white Western world.

Often black people don’t get recognised even in their own countries until a white person or institution endorses them. The Kenyan environmentalist Wangari Maathai, for instance, was considered an irritating busybody by the Kenyan government and its leaders until she won the Nobel Peace Prize, after which she was accorded star status.

You see, this is the problem with us black and coloured folk. We are so desperate for white people’s approval and attention that when they reject or erase us, we are crushed. For many people in Asia, Africa and Latin America, recognition from one white person means more than a million accolades from our own people. It is the kind of self-hatred that makes us use skin bleaching creams and adopt foreign (usually British or American) accents. Nobody criticises French people for speaking with a French accent (which many consider “sexy”) or speaking English badly. But if as an African you appear at a public forum with a heavy Luo accent to explain your brilliant new scientific invention, you will be dismissed as an idiot not just by white people but your own people as well.

Nakate was desperate to be seen as a climate activist in the mould of Thunberg, but she failed to see that Thunberg has many advantages that she might never have.

For one, being a white European, Thunberg doesn’t need a visa to enter most countries around the world, a privilege that Nakate does not have. This means that the Swedish climate activist can go to another country and hold a protest rally at the drop of a hat. This gives her enormous social capital internationally. To get a visa to a Western country, Nakate would have to jump over many, many hurdles and prove beyond doubt that she has no intention of overstaying her visa. As she is a young single African woman, most countries in the West will view Nakate as a risk – as someone who will not return home after her visit and who will become part of the growing group of illegal immigrants in the West. Her activism credentials will be doubted, and her age, gender and skin colour will be held against her.

Nakate was desperate to be seen as a climate activist in the mould of Thunberg, but she failed to see that Thunberg has many advantages that she might never have

This is not to say that Thunberg does not endure ridicule. The world’s most powerful president, Donald Trump, has dismissed her as a young woman with “an anger management problem”. Climate change deniers will no doubt paint her as a pessimist out to destroy the world’s economy. Because of her age and gender, she will face a backlash from the old male establishment. However, Thunberg doesn’t have to face the kind of racism that people like Nakate have to face whenever they confront the white Western world.

Nakate will have to work twice as hard as a white woman to gain a place on the international stage. But even if she does, she will probably be a side show, not the main event. And if her views are considered too radical, she might never be invited again.

Some of us (and I include myself) have come to understand how little our views or opinions matter when we attend conferences where all the leading “experts” on a panel are white or male or both. Sometimes, for the sake of “diversity” or “representation”, a few African scholars or analysts may be included in a collection of essays or in panel discussions. However, in my experience, only those scholars or analysts who do not deviate too far from the traditional narrative about Africa (poverty, war, refugees, failed states, and the like) are invited to contribute; in other words, they gain visibility through conformity. Radical thinkers, or those who actively reject racist of distorted representations of African, are rarely invited. They are also denied jobs. I have been denied many jobs due to my gender, skin colour, nationality, ethnicity or age (yes, ageism is real). Shouting “Racism!” rarely has the desired effect. White people begin to actively shun you or describe you as over-sensitive or paranoid.

In her book Why I’m No Longer Talking to White People About Race, the black British writer Reni Eddo-Lodge explains that she stopped having conversations about race with white people because most white people don’t even recognise that racism exists. “I cannot continue to emotionally exhaust myself trying to get this message across, while also toeing a very precarious line that tries not to implicate any one white person in their role in perpetuating structural racism, lest they character assassinate me”, she writes.

Eddo-Lodge says that white people often silence people of colour by pretending that the problem lies with the latter, and not with the former, or by accusing the non-white person of being overly sensitive about race. “They’ve never had to think about what it means, in power terms, to be white, so any time they’re vaguely reminded of this fact, they interpret it as an affront”, she says.

“I can no longer have this conversation, because we’re often coming at it from completely different places”, she adds.

If they cannot silence you by ignoring you, or by claiming that you are over-reacting, they co-opt you. For instance, the Kenyan writer Binyavanga Wainaina was actively wooed by the Western literary establishment after his satirical essay How to Write About Africa went viral. He lapped up the attention – but it came at a price. Never again would he write so passionately about how Africa has been misrepresented in the Western media, though it must be said that the essay profoundly impacted how Western journalists reported on Africa. After his essay went viral, the narrative on Africa changed from “The Hopeless Continent” to “Africa Rising”. Although people on the continent rejoiced, they failed to understand that neither of these narratives accurately depicts the complexities and nuances of Africa; on the contrary, they reinforce the “single story” narrative that Nigerian author Chimamanda Adichie spoke so eloquently about in a TED talk.

However, while Adichie can talk to the West about the danger of “a single story”, she would not be a literary star today if the West had not embraced her and given her a platform to showcase her work. The white Western establishment knows that her criticisms can only go so far – they cannot topple the power relations between Africa and the West. In fact, her success reinforces the reality that in order to succeed as an African in this world, one must have the support of the West – the very West that is the subject of one’s criticism.

Why are we so eager for the West to embrace and accept us? Why do we want them to like us? Why do we get so excited when Afro-pessimism is replaced with Afro-optimism? Maybe it’s because, as Franz Fanon says in Black Skin, White Masks, black people have been made to feel inferior for so long that they “want to prove to white men, at all costs, the richness of their thought, the equal value of their intellect”. We expend much energy trying to prove our worth to white people, believing that once we have proved our worth, we will be accepted as equals. This is rarely the case because racism is so ingrained in Western culture that it may take many more centuries to eradicate it. We must remember that European powers justified slavery and colonialism by claiming that Africans were not really human beings, that they were an inferior species that needed to be subjugated for their own good.

We expend much energy trying to prove our worth to white people, believing that once we have proved our worth, we will be accepted as equals

The late Toni Morrison said that the main function of racism is distraction – to keep black people so busy explaining themselves to white people that they would not have time for anything else:

It [racism] keeps you from doing your work. It keeps you explaining, over and over again, your reason for being. Somebody says you have no language and you spend 20 years proving that you do. Somebody says your head isn’t shaped properly so you have scientists working on the fact that it is. Somebody says you have no art, so you dredge that up. Somebody says you have no kingdoms, so you dredge that up. None of this is necessary.

My advice to Vanessa Nakate would be to stop seeking the approval of the white Western world and to not be too bothered if the white Western establishment doesn’t give her the recognition she deserves. She must not seek fame by association with white people. She must run her campaign from the continent of Africa with fellow Africans and for the benefit of future generations of Africans. Climate change in Africa is real, and will have devastating consequences because Africa is least prepared for it. Nakate must forge relationships with like-minded African organisations to create a groundswell of African climate activists who can challenge the orthodoxy that Africans are not capable of addressing issues that affect them.

Nakate must run her campaign from the continent of Africa with fellow Africans and for the benefit of future generations of Africans

Vanessa Nakata gains nothing by being photographed in Davos at a conference where the very people who caused the climate change crisis in the first place meet every year. Their acceptance of her means little. If she is going to bring about a climate revolution in Africa, she must look to her own culture, history, environment and people to find solutions. No one can save Africans except Africans themselves.

So Vanessa, please understand this: White people will constantly erase you. Stop asking them to put you back in the picture. You do not need their endorsement.

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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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