The town of Kizingitini on Paté island, just off Kenya’s north-eastern coast, is an otherwise unremarkable fishing village surrounded by mangroves. As a gateway to the Horn of Africa, the island inhabits an historically strategic location, with Arab and Portuguese merchants taking turns to settle the island.
In recent history, the island has enjoyed relative peace and, in a nod to its lush surroundings and history, its locals sing: “None who go to Paté returns; what returns is wailing”.
In November 2010, the island unexpectedly received international attention when British terror suspect, Michael Adebolajo, and five others were arrested there by Kenyan police. They were allegedly planning to cross into Somalia to join the al-Shabaab militant group responsible for numerous terrorist attacks in Somalia and Kenya.
It was one stage of a journey that would end with the murder of a British soldier on the streets of London and a parliamentary investigation into the handling of the case by the UK’s domestic security service MI5 and the Secret Intelligence Service (SIS), known as MI6.
The British government denied prior knowledge of – or involvement in – Adebolajo’s arrest and interrogation, which he claimed was abusive. However, defying expectations, and under controversial circumstances, the British High Commission in Nairobi intervened to bring Adebolajo back to the UK and save him from terror charges in Kenya.
Once back in Britain, Adebolajo claimed he was subject to ongoing harassment by MI5 and that the security agency tried to convince him to become a covert human intelligence source in order to spy on Islamic extremists.
Adebolajo was arrested in Kenya in 2010, but brought to UK and released where in 2013 he murdered British soldier, Lee Rigby
Less than three years after being returned to the UK, on 22 May 2013, Adebolajo and his accomplice Michael Adebowale hunted down Fusilier Lee Rigby, near his barracks in Woolwich, southeast London and brutally hacked him to death in broad daylight. Adebolajo and Adebowale were later convicted of murder and sentenced to life and 45 years in prison, respectively.
Claims that Adebolajo had previously been on the radar of the UK intelligence agencies prompted a parliamentary investigation into whether the killing of Rigby could have been prevented by the spy agencies.
The review by the UK parliament’s Intelligence and Security Committee (ISC), published in 2014, found mistakes in British security operations but concluded they were not “significant enough to have made a difference” in stopping the attack.
The ISC report, and another review conducted in 2016 by the Intelligence Services Commissioner, Mark Waller, both concluded that Adebolajo’s arrest was not procured by British intelligence.
But an investigation by Declassified in Kenya now provides a different picture, contradicting both the reviews and MI6’s testimony to them.
ARCTIC in Kenya
Both reviews covered the involvement of a body called ARCTIC, which the Intelligence Commissioner’s report described as “a Kenyan counter-terrorism intelligence unit which has a close working relationship with… HMG [Her Majesty’s Government].”
It continued: “Although ARCTIC can and does act independently of HMG and without its knowledge, their relationship appears to be much closer in practice than some of the more formal, theoretical statements about it might suggest.”
Declassified previously found that ARCTIC is in fact an MI6 liaison cell within Kenya’s National Intelligence Service (NIS) counter-terrorism unit and plays a key role in identifying, tracking, locating and interrogating terror suspects in Kenya.
ARCTIC undertakes undercover operations to produce actionable intelligence on targets who are then killed or captured by the police, including the clandestine CIA-backed paramilitary Kenyan police unit named the Rapid Response Team (RRT). Declassified has also revealed that ARCTIC is involved in raids involving alleged summary executions, such as the case of terror suspect Kassim Omollo in 2013.
Declassified can now reveal that MI6, working with Kenyan’s NIS intelligence officers, tracked and arranged for Adebolajo’s arrest, according to two NIS officers familiar with the operation, who made the admission independently of each other. Their testimony was further corroborated by a former CIA counter-terrorism officer familiar with operations in east Africa.
“For that specific case they [MI6] were here. I can’t deny that”, one of the NIS officers told Declassified. “If it were not for them I think it would have been difficult for us to do that job… That specific assignment was important. Because the mark [suspect] was from their place, their country.”
Declassified has learned that upon Adebolajo’s arrival in Kenya in October 2010, MI6 alerted Kenya’s NIS and sought approval from its Director to meet with two intelligence officers and brief them on the case at NIS’ headquarters in Nairobi.
MI6 told two government reviews it was not involved in Adebolajo’s arrest in Kenya
A team of Kenyan intelligence trackers then moved to the coastal city of Mombasa, where it tracked Adebolajo and his associates to Paté island and arranged for their arrest before they could sail off to Somalia, it was alleged.
An investigating officer with Kenya’s Anti-Terrorism Police Unit (ATPU) familiar with Adebolajo’s case confirmed to Declassified that his arrest came after the local police officer in charge received intelligence about his movements.
British covert surveillance capabilities played a key role, the two NIS officers told Declassified. One of the officers spoke of the difficulty in tracking Adebolajo due to his awareness of electronic surveillance measures. Believing he could outsmart British and Kenyan intelligence, Adebolajo often relied in Kenya on email communications at internet cafes.
But Adebolajo was unaware of extensive British intelligence surveillance capabilities, including those of MI6’s sister agency, GCHQ (Government Communications Headquarters) — Britain’s signals intelligence organisation — which can conduct surveillance on targets.
The “GHOSTHUNTER” programme, run by GCHQ, operates in collaboration with the US National Security Agency, and can target internet and phone access by identified individuals, by intercepting communications transmitted through satellite terminals, documents leaked by Edward Snowden show.
GCHQ has made regular use of GHOSTHUNTER to locate “high value targets” for kill or capture operations in countries such as Kenya, Iraq, and Pakistan, according to documents leaked by Snowden.
MI6 team worked with Kenyan intelligence cell to track Adebolajo and arrange his arrest, Kenyan officers say
It is possible that, in addition to its own field surveillance capabilities, MI6 relied on the programme’s capabilities to track Adebolajo.
However, the two NIS officers confirmed to Declassified that the arrest was designed to appear exactly as the UK Intelligence Commissioner asserted in his review: “happenstance”.
The officer also confirmed that the ARCTIC intelligence officers who interrogated Adebolajo while in Kenyan police custody were the same officers later involved in the capture and interrogation of another Briton, Jermaine Grant, a year later.
Britain’s Foreign Office, which oversees MI6, declined to answer questions for this article, citing a policy of not commenting on intelligence matters.
The Kenyan officers’ testimony contradicts the evidence MI6 provided to the ISC and the Intelligence Commissioner, and the conclusions of both reports. Evidence was given to the ISC by Sir John Sawers, then the head of MI6, and other MI6 officers.
The report of the ISC, which was chaired by former foreign secretary Sir Malcolm Rifkind, stated that “both SIS and MI5 were notified of Adebolajo’s arrest and detention. Prior to this, SIS and MI5 had been unaware that Adebolajo had travelled to Kenya”.
The Intelligence Commissioner’s report similarly concluded: “Neither SIS nor MI5 knew that Mr Adebolajo was in Kenya prior to his arrest there; and SIS had the operational lead thereafter but no contact with him”. The Commissioner, Mark Waller, put down Adebolajo’s arrest by the Paté island police to a “chance sighting”. Waller concluded that the individual MI6 officers who gave evidence to his inquiry “did their best to answer all my questions honestly and truthfully”.
He also described, somewhat inconsistently, MI6’s engagement with the review as “wholly inadequate”, stating that it “provided inaccurate and incomplete information and generally sought to ‘fence’ with and ‘close down’ lines of inquiry, rather than engage constructively.”
Evidence provided to Declassified supports this view. “That’s on them to lie to their oversight committee”, a former CIA counter-terrorism official with knowledge of Adebolajo’s case said of MI6’s claim of non-involvement.
“That whole case was a guy who had been on the radar and they lost him [prior to Lee Rigby’s killing]. For whatever reason, they couldn’t take it to the next level and 6 [MI6] is trying to cover their ass, no different than the FBI does and we do. We fuck up too.”
“That’s on them [MI6] to lie to their oversight committee”, former CIA counter-terrorism officer with knowledge of the case tells Declassified
The Intelligence Commissioner’s report contained hints of MI6’s involvement in the arrest before going on to dismiss them. It noted: “Intelligence Officer 1 [an MI6 officer] took a comment by one of his Kenyan counterparts as an indication that Mr Adebolajo had been arrested as the result of intelligence provided by an agent”. But the report concluded: “As it happens, there almost certainly was no agent”.
The report also stated that on 18 November 2010—three days before Adebolajo was arrested—an MI6 officer presumed to be based in Nairobi sent an email to MI6’s head office in London summarising Kenyan laws and procedures on the arrest, detention and deportation of British nationals suspected of extremism.
The email also outlined the process whereby MI6 and MI5 would work together on the identification of targets—and noted that the British government would work closely with ARCTIC on the planning of detention operations.
MI6’s reluctance to disclose its role in Adebolajo’s arrest is likely to be explained by the desire to keep secret its extensive relationship with Kenya’s intelligence service, as recently revealed in a months-long investigation by Declassified. It may face questions about its involvement in Kenya’s bloody war on terror, which has seen hundreds of suspects killed or disappeared.
The ISC stated in its report: “Where HM Government has a close working relationship with counterterrorist units, they will share responsibility for those units’ actions.”
The Intelligence Commissioner agreed, stating: “I consider that any allegations of mistreatment made against ARCTIC would be of concern to HMG irrespective of whether it co-operated in or was aware of the underlying operation because of their close working relationship and intelligence-sharing arrangements.”
The MI6 ARCTIC liaison cell was also behind the intelligence that led to the capture of two Britons in Mombasa three years after Adebolajo’s arrest in 2013, and of a doctor and three others in Kenya in 2016, over alleged attempts to stage an anthrax attack in support of the Islamic State terrorist group, Declassified can also reveal.
A Kenyan officer familiar with the operation to arrest the anthrax attack suspects recalled a pre-meeting between ARCTIC officers, RRT paramilitaries and ATPU officers. The ARCTIC intelligence officers “gave us the type of the suspect, whom we were going to arrest, and—during the search—the items which we were to go for”, the officer said.
One of the Kenyan officers described the ARCTIC cell as “highly mobile, highly covert”, even by NIS standards, and composed of human intelligence field operatives and tech specialists. Alongside MI6, the CIA and Israel’s Mossad each have separate liaison cells within Kenya’s NIS. Each cell is composed of a team of Kenyan officers dedicated to working with the foreign intelligence agencies to counter terrorism in the country.
Sir Malcolm Rifkind told Declassified that its allegations were “very disturbing” but said he was “sceptical” of them, adding that it was “highly improbable” that MI6 officers deliberately lied about their involvement.
He stated: “It is not impossible that certain SIS officers were carrying out activities in Kenya that had not been authorised by London… [but]… my main reason for scepticism is that I cannot see what motive SIS would have had to lie to the ISC.”
Sir Malcolm added: “There would have been nothing embarrassing or controversial for SIS in volunteering this information. It had no relevance to the subsequent brutal murder of Lee Rigby. I do not see any credible motive for the Chief of SIS, and his colleagues, to have lied to a statutory Committee of Parliament.”
But Sir Malcolm Rifkind, who chaired one of the reviews, claims there was no “credible motive for the chief of SIS, and his colleagues, to have lied to a statutory Committee of Parliament”
The revelations cast significant doubt on the willingness of Britain’s intelligence oversight body, the ISC, as well as the Intelligence Commissioner, to fully examine Adebolajo’s claims, pursue leads and interview available witnesses as part of their reviews.
The Guardian previously reported that “the committee [ISC] is alleged to have reached its conclusions without speaking to a number of witnesses, including a family member and lawyers, who claim Adebolajo complained a year before the attack of repeated approaches by the security services”.
Tasnime Akunjee, a criminal defence solicitor who is familiar with Adebolajo’s case and represented a close friend of his who appeared on BBC Newsnight to tell Adebolajo’s story, told Declassified, “SIS [MI6] and the UK authorities have worked hand in glove with the Kenyan authorities, with the full knowledge that the Kenyan authorities have been accused many times of extrajudicial killings… That would be their motivation to lie; given that the UK authorities even in Guantanamo Bay have been found liable simply for being present when individuals were being tortured.”
Akunjee added: “Where there is intelligence sharing between countries, the rule is that nobody leaks. If it does leak from one particular side then that relationship is strained or then ceases. So there would not just be a motivation for the security services to keep a lid on this, but generally for the entire UK government to want to maintain that close working relationship with Kenya.”
Former Intelligence Commissioner Mark Waller told Declassified via an intermediary that “he has always felt it inappropriate to give interviews in relation to his role as Intelligence Services Commissioner”.
Sir John Sawers declined to comment. Adebolajo’s lawyers also declined to comment, citing the need to review the findings with their client.
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Conflict in Marsabit: Voter and Politician Locked in a Danse Macabre
The nature of the conflict in Marsabit has changed. Deaths are tallied, and ledgers of the unmourned dead are meticulously kept.
Counting the dead
Ninety-three deaths in the past year, the count has dominated national TV coverage of conflict in Marsabit, contributing to the trend of turning the effect of the conflict and the loss into a body-counting exercise.
A year ago, Saku Member of Parliament (MP) Ali Raso Dido spoke of the number of people killed in his constituency. On his list there were only the Borana dead; he did not include the dead from other communities. To him, as an MP, only Borana lives mattered and were worthy of raising on the floor of parliament.
In a lengthy response, his counterpart, North Horr MP Francis Chachu gave the number of dead in his constituency. He listed only the Gabra dead.
In the last cycle of conflict in Marsabit County, 75 houses were burnt down, and about 850 families were displaced. Governor Mohamud Ali called a press conference at which the list of the dead was the central theme of his statement.
Since the state has no official data on number of people who have died as a result of conflict in Marsabit, all these accounts are true, but they are also subjective and incomplete. Just why the counting is done, where to begin counting, who is to be counted and who does the counting are the concerns of these times.
In between the statistics informing politicians’ petitions to parliament, or forming the subject of a governor’s hasty press statement or the prop of a news story, there is a whole social milieu within which the conflict exists and how it is processed at the political and economic levels of grief.
A macabre dance between voters and politicians
Proximity to countries in conflict—Ethiopia, Somalia, and South Sudan—and the easy availability of Small Arms and Light Weapons have been the central explanation for the conflict in Marsabit County. While valid and, in some instances, correct, this explanation misses the fact of the banality of conflict in the county—a more insidious new lexicon that normalizes killing beyond the traditional boundaries of ethnic conflict is developing.
In the last cycle of conflict in Marsabit County, 75 houses were burnt down, and about 850 families were displaced.
This change in the ethnic conflict dynamic is a function of a perverse, mutually reinforcing loop involving politicians and voters, each egging on the other to visit more death and destruction on the opposite community. The hypercompetitive nature of local elections post-devolution significantly exacerbates this loop.
Thus, taking the “war” to the other community becomes a politician’s campaign pledge rather than the promise of building hospitals and schools or bringing about the desperately needed development. The more vociferous a politician becomes, the more likely he is to be elected.
This perverse incentive makes politicians more incendiary, making both the threat of violence and the violence itself politically rewarding.
Ancestral hatred theory
While it is often cast as anchored in ancestral hatred, there is something new about conflict in Marsabit. And because it is mutating even as we all watch, we sometimes miss it. What makes it unique is its banalisation.
Three aspects make recent conflicts in Marsabit distinct from the old ones.
One, the slow-burning, episodic nature of the conflict and the attendant “peace” meetings have come to be accepted as an immutable fact of life. But the peace-industrial complex has done little to end the conflict; instead, the conflict has mutated into something new, complete with a new lexicon and signals far more incendiary than the old conflict. This rinse-and-repeat cycle has spawned a coterie of peace entrepreneurs activated at a moment’s notice whenever violence breaks out.
This perverse incentive makes politicians more incendiary, making both the threat of violence and the violence itself politically rewarding.
Two, with increased competition over land and resources under devolution, this “new” conflict is increasingly framed in apocalyptic, existential language. As a result, voters prefer politicians who cast themselves as the “defenders” of the community from outsiders’ keen on taking their land and resources. Thus, voters lean towards politicians with a “warlord” mentality rather than those with a good development record.
Three, in this “new” conflict controlling the narrative is central, making the national media and the local-language radio stations the battleground. Where the national media frames the region as a godforsaken Badlands, local-language radio stations offer politicians a safe space from where to speak directly to their people unfiltered. WhatsApp and the ever-mushrooming Facebook groups act as a functional auxiliary for sharing media content. This interface has made the Marsabit conflict far deadlier on and offline.
Conflict as theatre
Every death in Marsabit is increasingly seen through the prism of cold arithmetic—losing and winning. This strips death of its meaning. Every death is accounted for on a ledger; it is a debt to be repaid with the death of another. Death is performance theatre, acted rather than mourned.
This theatre extends to the burial, measured by the length of the cavalcade of vehicles that accompany the body to the grave, and the promises made by politicians at his funeral or in their interviews in the local and national media. During a recent funeral, the number of vehicles contributed to the drama as cars stretched a kilometre from the centre of town to the cemetery.
Every death is accounted for on a ledger; it is a debt to be repaid with the death of another.
There was such silence in the picture that the silence was in our minds, but we know that the slow pace of the vehicles inching towards the cemetery had no connection to the past murders. In the prevailing mind-set, this image will replace that of the mad man whose throat had been slit at 8 p.m. near the market and who had tried to walk from the back of the police van into the hospital and failed—rising and falling, rising and falling.
Later, as the region’s leaders foam at the mouth on TV, everyone goes home with smaller versions of the same talk. Emotions are gauged through the metrics of tribe, place of murder, murder weapon, the known backstories of the casualties; many went unmoored as collaterals of the drama that people made of the conflict.
Part of the post-death package is “what have our leaders said?” This reaction is baked into the system of conflict, whether the said leaders are maintaining the honour of the tribe. Whether they have promised to even the score or repay the death debts. Their words are shared on and off line as a whispered social contract.
Kenyans Need an Education That Is Human: A Call to Conscience
Colonial and post-colonial governments have worked to separate education from access to culture and information, and to isolate the school as the only source of learning.
This is a call to Kenyans of conscience to step back and reflect on the lies about education that are circulating in the media, the schooling system and government. Foreign sharks have camped in Kenya to distort our education. Using buzzwords such as “quality” and “global standards”, these sharks seek to destroy the hopes, dreams and creativity of young Africans, not just in Kenya, but in the whole region, and to make a profit while at it. With the help of local professors, bureaucrats and journalists, they spread hatred for education among the population. At the same time, they ironically create a thirst for schooling that makes parents resort to desperate measures to get their children into school, going as far as accepting violence and abuse in schools that causes children to take their own lives.
This insanity must end.
We must accept that education is a life endeavour through which people constantly adapt to their social and natural environment. Education is more than going to school and getting the right paper credentials. Education occurs anywhere where human beings process what they perceive, make decisions about it and act together in solidarity. That is why education, culture and access to information are inseparable.
However, since colonial times, both the colonial and “independence” versions of the Kenya government have worked hard to separate education from culture and access to information. They have done so through crushing all other avenues where Kenyans can create knowledge. We have insufficient public libraries and our museums are underfunded. Arts festivals, where people come together and learn from unique cultural expressions, have been underfunded, and by some accounts, donors have been explicitly told not to fund creativity and culture. In the meantime, artists are insulted, exploited and sometimes silenced through censorship, public ridicule and moralistic condemnations in the name of faith.
All these measures are designed to isolate the school as the only source of learning and creativity, and this is what makes the entry into schools so cutthroat and abusive.
But entering school does not mean the end of the abuse. Once inside the schools, Kenyans find that there is no arts education where children can explore ideas and express themselves. In school, they find teachers who themselves are subject to constant insults and disruptions from the Ministry of Education and the Teachers Service Commission. Under a barrage of threats and transfers, teachers are forced to implement the Competency Based training which is incoherent and has been rejected in other countries. Many of the teachers eventually absorb the rationality of abuse and mete it out on poor children whose crime is to want to learn. This desperation for education has also been weaponized by the corporate world that is offering expensive private education and blackmailing parents to line the pockets of book publishers.
Education is more than going to school and getting the right paper credentials. Education occurs anywhere where human beings process what they perceive, make decisions about it and act together in solidarity.
By the end of primary and secondary school, only a mere 3 per cent of total candidates are able to continue with their education. This situation only worsens inequality in Kenya, where only 2 per cent of the population have a university degree, and where only 8,300 people own as much as the rest of Kenya.
But listening to the government and the corporate sector, you would think that 98 per cent of Kenyans have been to university. The corporate sector reduces education to job training and condemns the school system as inadequate for meeting the needs of the corporations. Yet going by statements from the Kenya Private Sector Alliance (KEPSA) and the government, there is no intention to employ Kenyans who get training. The government hires doctors from Cuba and engineers from China, and then promises the United Kingdom to export our medical workers. KEPSA is on record saying that we need to train workers in TVET so that they can work in other African countries.
It is clear that the Kenya government and the corporate sector do not want Kenyans to go to school and become active citizens in their homeland. Rather, these entities are treating schooling as a conveyor belt to manufacture Kenyans for export abroad as labour and to cushion the theft of public resources through remittances.
The media and the church also join in the war against education by brainwashing Kenyans to accept this dire state of affairs. The media constantly bombards Kenyans with lies about the composition of university students, and with propaganda against “useless degrees”. The church has abandoned prophecy and baptizes every flawed educational policy in exchange for maintaining its colonial dreams of keeping religion in the curriculum to pacify Kenyans in the name of “morality”.
The government is now intending to restrict education further through the Competency-Based Curriculum (CBC) which seeks to limit education through pathways that prevent children from pursuing subjects of their interests, and by imposing quotas on who can pursue education beyond secondary school. At tertiary level, the government is devising an algorithm that will starve the humanities and social sciences of funding. It claims that funds will instead go to medical and engineering sciences, which are in line with Kenya’s development needs.
But recall that foreigners are doing the work of medical professionals and engineers anyway, so “development” here does not mean that Kenyan professionals will work in their home country. They will work abroad where they cannot be active citizens and raise questions about our healthcare and infrastructure.
The proposed defunding of the arts, humanities and social sciences aims to achieve one goal: to reserve thinking and creativity for the 3 per cent of Kenyans who can afford it. This discrimination in funding of university education is about locking the majority and the poor out of spaces where they can be creative and develop ideas. It also seeks to prevent Kenyans from humble backgrounds from questioning policies and priorities that are passed under dubious concepts such as “development needs” that are largely studied in the humanities and social sciences.
It is clear that the Kenya government and the corporate sector do not want Kenyans to go to school and become active citizens in their homeland.
Clearly, there is a war against education and against Kenyans being creative and active citizens in their own country. For the 8,300 Kenyans to maintain their monopoly of resources, they need to distract Kenyans with propaganda against education, they need to limit Kenyans’ access to schooling, and they need to shut down alternative sources of training, information and knowledge. By limiting access to schooling and certificates, the 8,300 can exploit the work of Kenyans who have not been to school, or who have not gone far in school, by arguing that those Kenyans lack the “qualifications” necessary for better pay.
We must also name those who enable this exploitation. The greedy ambitions of the political class are entrenched by people who, themselves, have been through the school system. To adapt Michelle Obama’s famous words, these people walked through the door of opportunity, and are trying to close it behind them, instead of reaching out and giving more Kenyans the same opportunities that helped them to succeed. This tyranny is maintained by a section of teachers in schools, of professors in universities and of bureaucrats in government, who all fear students and citizens who know more than they do, instead of taking joy in the range of Kenyan creativity and knowledge. The professors and bureaucrats, especially, are seduced into this myopia with benchmarking trips abroad, are spoon-fed foreign policies to implement in Kenya. They harvest the legitimate aspirations of Kenya and repackage them in misleading slogans. For instance, they refer to limited opportunities as “nurturing talent”, and baptize the government’s abandonment of its role in providing social services “parental involvement”.
These bureaucrats and academics are helped to pull the wool over our eyes by the media who allow them to give Kenyans obscure soundbites that say nothing about what is happening on the ground. They also make empty calls for a return to a pre-colonial Africa which they will not even let us learn about, because they have blocked the learning of history and are writing policies to de-fund the arts and humanities. We must put these people with huge titles and positions to task about their loyalty to the African people in Kenya. We call on them to repent this betrayal of their own people in the name of “global standards”.
We Kenyans also need an expanded idea of education. We need arts centres where Kenyans can meet and generate new ideas. We need libraries where Kenyans can get information. We need guilds and unions to help professionals and workers take charge of regulation, training and knowledge in their specializations. We need for all work to be recognized independent of certification, so that people can be paid for their work regardless of whether one has been to school or not.
We need recognition of our traditional skills in areas like healing, midwifery, pastoralism, crafts and construction. We need a better social recognition of achievement outside business and politics. It is a pity that our runners who do Kenyans proud, our scientists, thinkers, artists and activists who gain international fame, are hardly recognized in Kenya because they were busy working, rather than stealing public funds to campaign in the next election. Our ideas are harvested by foreign companies while our government bombards us with useless bureaucracy and taxes which ensure that we have no impact here.
We need for all work to be recognized independent of certification, so that people can be paid for their work regardless of whether one has been to school or not.
Most of all, we need an end to the obsession with foreign money as the source of “development”. We are tired of being viewed as merely labour for export, we are tired of foreigners being treated as more important than the Kenyan people. We are tired of tourism which is based on the tropes of the colonial explorer and which treats Africans as a threat to the environment. And the names of those colonial settlers who dominate our national consciousness must be removed from our landmarks.
Development, whatever that means, comes from the brains and muscles of the Kenyan people. And the key to us becoming human beings who proudly contribute to society and humanity is education. Not education in the limited sense of jobs and certificates, but education in the broader sense of dignity, creativity, knowledge and solidarity.
UN Panel of Experts: Kenya Urged to Back Former CJ Willy Mutunga Candidacy
Willy Mutunga, the former Chief Justice and President of the Supreme Court of Kenya has been nominated by a number of international organisations to be one of the three experts. International human rights activists are calling on the government of Kenya to join with others in Global Africa to support the nomination of Willy Mutunga.
On 28 June 2021, the Human Rights Council of the United Nations called on the UN to set up a panel of experts to investigate systemic racism in policing against people of African descent. This call came one year after the police murder of George Floyd in the United States. The UN panel of three experts in law enforcement and human rights will investigate the root causes and effects of systemic racism in policing, including the legacies of slavery and colonialism, and make recommendations for change. Willy Mutunga, the former Chief Justice and President of the Supreme Court of Kenya has been nominated by a number of international organisations to be one of the three experts. International human rights activists are calling on the government of Kenya to join with others in Global Africa to support the nomination of Willy Mutunga.
The government of Kenya is strongly placed to support the nomination of its native son, an internationally respected jurist. Kenya is currently a member of the UN Security Council and an influential member of “A3 plus 1”, the partnership between the three African members of the Security Council and the Caribbean member of the UNSC, St Vincent and the Grenadines. Last week on 7 September, President Uhuru Kenyatta co-chaired the African Union, Caribbean Community summit. This meeting between the AU and the Caribbean states agreed to establish the Africa, Brazil, CARICOM, and Diaspora Commission. This Commission will mature into a politico/economic bloc embracing over 2 billion people of African descent. Kenya, with its experience of reparative justice from the era of the Land and Freedom Army, has joined with the Caribbean to advance the international campaign to end the dehumanization of Africans. African descendants around the world have lauded the 2021 Human Rights Council Report for calling on the international community to “dismantle structures and systems designed and shaped by enslavement, colonialism and successive racially discriminatory policies and systems.”
Background to the nomination of Hon Willy Mutunga
The murder of George Floyd on 25 May 2020 led to worldwide condemnation of police killings and systemic racism in the United States. The African Members of the UN Human Rights Council pushed hard to garner international support to investigate systemic racism in policing in the United States. In the wake of the global outcry, there were a number of high-level investigations into police killings of innocent Blacks. Three distinguished organizations, the National Conference of Black Lawyers, the International Association of Democratic Lawyers and the National Lawyers Guild convened a panel of commissioners from Africa, Asia, Europe, Latin America and the Caribbean to investigate police violence and structural racism in the United States. Virtual public hearings were held in February and March 2021, with testimonies from the families of the victims of some of the most notorious police killings in recent times.
In its report, a panel of leading human rights lawyers from 11 countries found the US in frequent violation of international laws, of committing crimes against humanity by allowing law enforcement officers to kill and torture African Americans with impunity and of “severe deprivation of physical liberty, torture, persecution and other inhumane acts”.
Among its principal findings, the Commission found the US guilty of violating its international human rights treaty obligations, both in terms of laws governing policing and in the practices of law enforcement officers, including traffic stops targeting Black people and race-based stop-and-frisk; tolerating an “alarming national pattern of disproportionate use of deadly force not only by firearms but also by Tasers” against Black people; and operating a “culture of impunity” in which police officers are rarely held accountable while their homicidal actions are dismissed as those of just “a few bad apples”.
After the Commission’s report was published, the convening organizations’ Steering Committee mobilized international public opinion to publicize its findings. Former CJ Willy Mutunga was one of the jurists in Africa who worked hard to publicize the report’s findings and recommendations.
It was in large part on the basis of these findings that the Human Rights Council issued its own report at the end of June. The United Nations decided to set up a panel of experts to investigate systemic racism in policing against people of African descent, adding international weight to demands in the United States for accountability for police killings of African Americans, and reparations for victims. The panel of three experts will have a three-year mandate to investigate the root causes and effects of systemic racism in policing. Many organizations have submitted names for suggested panel members. Legal experts from Global Africa and international jurists have recommended Willy Mutunga to be one of the three panellists. Thus far, the following organizations have endorsed the candidacy of Willy Mutunga:
- The African Bar Association, with membership in 37 African Countries.
- The United States Human Rights network (USHRN), a National network of U.S. organizations working to strengthen the Human Rights movement in the US.
- International Commission of Inquiry on Systemic Racist Police Violence Against People of African Decent in the United States.
- Society of Black Lawyers of the United Kingdom
- Bandung Conference, a Diaspora Human Rights network based in Nairobi, Kenya.
There are now calls for the government of Kenya to step forward to be more proactive to lobby the Human Rights Council and to write letters to its President, H.E. Nazhat Shameen Khan (email@example.com), endorsing the candidature of Dr Mutunga. His CV is included for those who want to write to the Minister of Foreign Affairs for Kenya to lead the endorsement of Willy Mutunga.
The Steering Committee of the International Commission of Inquiry on Systemic Racist Police Violence in the United States is coordinating the campaign for Dr Willy Mutunga to be appointed by the UNHRC as a member of the International Expert Mechanism to monitor compliance of the UNHRC findings and recommendations.
The Government of Kenya and Human Rights groups are kindly asked to send copies of their endorsements to the Coordinator, International Commission of Inquiry on Systemic Racist Police Violence in the United States, firstname.lastname@example.org.
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