In 2018, at the height of my public engagement on the competency-based curriculum, the concept of homeschooling gained prominence media discussions on education. In a few interviews, journalists asked me if homeschooling was an alternative to CBC and public schooling. I answered from my experience of having taught homeschooled students in my university classrooms in both the US and Kenya, saying that some of the students whom I consider outstanding were homeschooled.
In hindsight, I now see that I was naïve, and that I fell into a trap that I did not know I had fallen into. I understood the trap after I criticised a media report on homeschooling and received an unexpected and persistent backlash from homeschooling parents.
Before I talk about the news report, I need to clarify the following. I am not making a personal critique of the parents involved or their children. In a free world, making this caveat would be unnecessary, but not in Kenya which has such an entrenched anti-intellectual and passive-aggressive culture that is used to bully and harass Kenyans when we dare to discuss anything social. The first response in the anti-intellectual and passive-aggressive toolkit is usually to brand commentary on social phenomena as attacks on specific people, or in Christian parlance, as “judging others”.
Secondly, education is more than just the personal choices of select families. I will address this neoliberal ideology of choice further in the article, but for now, let’s say that the project of education is a complex one where we must ask not only about individuals, but also about the society. Education requires complex thinking, which once again takes us back to Kenya’s anti-intellectual public and institutional culture, a culture that seeks to alienate complex thinking from public discourse. And finally, by virtue of that argument, a debate on whether children should go to an institution or school at home is not the interest of this article.
Education mumbo jumbo
Following the closure of schools last year to prevent the spread of COVID-19, the government and the complacent Kenyan media offered parents the option of covering the curriculum at home. The manner in which this endeavour was packaged is troubling, because it mixed terms which seasoned educators know refer to different types of education. On their twitter handle, the Kenya Institute of Curriculum Development (KICD) talked of “home based learning”, which misleads parents into thinking that they now have access to homeschooling which normally only a minority can afford. However, what KICD was really offering is curriculum content that is broadcast on radio and TV. In yet another tweet, KICD introduced yet another term, “digital curriculum” while announcing content available on the KICD cloud.
The media played its part in this muddying of the Kenyan public awareness. KTN reported about a homeschooling family that was teaching an unnamed curriculum to the children. In a twist that once again made CBC and homeschooling strange bedfellows, the parent talked of choosing homeschooling to develop the children’s “talent”, an argument which the government has also made about the new education system.
The concept of talent is problematic. “Talent” gives parents the impression that their children are receiving an arts education and that the education system is addressing parents’ desire for opportunities that do not emphasize academic performance. In reality, however, “talent” in the new education system refers to the pathway for children whose performance might most likely be determined by their limited access to resources.
For an arts educator like me, this jumble of different elements of education was too much to bear. I ranted on Facebook that the middle class are in over their heads, and that they were choosing to run away from the public education system without understanding the philosophical implications of the education choices they were making for their children.
Head start in an unfair race
I was not surprised by the parents who responded that teaching is best done by parents, because this argument, again ironically, was also made by KICD when they were marketing CBC as unique because of its “parental involvement”. “Parental involvement” in CBC found fertile ground in the middle class, which had, for the 40 years that the American evangelical movement has been in Kenya, consumed family enrichment programmes such as James Dobson’s “Focus on the Family”.
What I did not anticipate was the persistent rebuttal of certain Kenyans who refused to address the points I was making.
Their first line of defence was that I don’t know what I am talking about because I have not met any homeschooling parents, and I should only comment on homeschooling when I meet them. They did not clarify how they determined that. They would repeat this line even after I pointed out that sample size, a question of method, still did not respond to the philosophical question I was raising. When I insisted on my position, they started talking about me in the third person on my wall, about my character and what colleagues say about me. For a group of people who insist that their education raises Christian children, this conversation was weird.
I was not surprised by the parents who responded that teaching is best done by parents.
When the snide comments on my wall persisted, I asked why it was so important that I support homeschooling, even against my own conscience. Because I am a prominent voice on education, I was told.
That answer struck me as odd. As an advocate of good public education, especially for the poor, why would my voice on education matter to homeschoolers? After all, I had been emphatic that we should have a public education system that is so good, that parents would choose a different type of schooling for reasons other than running away from the public system.
More than that, what I was saying about arts and education was not at all new. The argument I made about “talent” as a replacement for the arts is the same one I had made when criticizing the public education system.
That was when it occurred to me that for my critics, my argument was fine as long as I restricted it to the public education system, because then I articulated a case for homeschooling as the alternative to the public school system. That is what the media was referring to when they asked me about homeschooling. It was essentially another way of asking, “How do I protect my own children from this clearly botched public system?”
At some point, some were brazen in their assumption that I was a voice for homeschooling. At various times, homeschooling advocates reached out to me, tried to twist my tweets as support for homeschooling, and were adamant in refusing to listen to my clarification that criticizing public education did not mean I was advocating for homeschooling. Others even reached out to me to join a court case they were pursuing to get the government to include homeschooling in the Basic Education Act.
The exchange on Facebook made me realize that there was a pattern in the behaviour towards me. Even in encounters with homeschooling advocates two years ago, they were politely and patronizingly rude, refusing to engage in my arguments despite my responding to theirs. I now understand that they were trying to shut me down from commenting on homeschooling since I was their PR person in their justification as to why they were avoiding the public education system.
So far, I have mentioned two points of convergence between CBC and homeschooling: the idea of talent, and the emphasis on the nuclear family as the primary space of education.
There is a third convergence between CBC and homeschooling: the neoliberal ideology. Neoliberalism is an ideology that is committed to destroying the social aspect of life. Its vision of humanity was famously articulated by Margaret Thatcher as follows, “There is no such thing as society. There are individual men and women, and there are families.” The goal of neoliberalism is to fragment society so much, that individuals become independent and isolated atoms that never collaborate. And the reason is obvious: collaboration is always a challenge to power and profit.
Others even reached out to me to join a court case they were pursuing to get the government to include homeschooling in the Basic Education Act.
Neoliberalism is a complete contradiction to education, because education is necessarily an affirmation of society. When we take children to school, it is because we want children to relate with the world and people outside the family. So there is no education without all of us asking, together, with whom children will interact, and what we want for all the children, not just for some children.
This means that the best education for individuals is the education that wants the best for society as well. What disturbs the status quo about my thinking on education is not that I am opposing the government programmes. It is that I am saying that for us to have a coherent, humane education system for individual children, we must think about all aspects of society – including the economy – differently. At the risk of sounding absolute, there is no good education for a child if there is no good education for all children.
If, as my critics say, they want the best education for their children, then they must articulate a vision for SOCIETY that goes beyond them trying to force me to accept that an individual (bourgeois) family is a substitute for society. Yet at every turn, they block that conversation and get upset when I insist on it.
Which leads us to a deeper, more disturbing paradox.
The homeschoolers want to have their cake and eat it. They want to privately benefit from ideas on how to treat individual teachers and the classroom, but they want those ideas removed from the social thinking from which it springs. They want to use social thinking to give their children a head start in a privatized status quo. That is why my ideas are useful to them when I’m talking about teaching and children, but not when I ask broader social questions that influence decisions about content and teaching in the classroom. But for me, one comes from the other. Social thinking and how we educate children are inseparable, hence the need to bully me by restricting my discussions to the public education system.
So in essence, homeschooling and government schooling are not opposed; they are collaborators. Homeschooling gives children not an alternative, but a head start in meeting the demands of KICD and the private sector. As one advocate put it, with homeschooling, “good moral and mental habits, high academic achievement and success in career are almost guaranteed.” Questions about whether the government or economic system we have is human, fair or efficient, is outside their purview. After all, to afford homeschooling, one is already doing well in the system as it currently exists. So if the private sector says it wants not just certificates but also a compliant character that is, ironically, authentic, homeschooling gives children a head start in moulding such a person.
This means that in an environment of extreme inequality where only 2 per cent of Kenyans have a university education, homeschooling will create a hyper social class has lacks either the interest or the worldview to improve the public education system, because they benefit from having an edge in it.
Homeschooling and mainstream media
This collaboration between homeschooling and public schooling becomes clear when one examines media reporting on homeschooling. Using the discussion on homeschooling on NTV Kenya’s morning show Living with Ess as a sample, a number of common features emerge from these shows.
The shows which host a discussion on homeschooling are the morning shows that are typically about lifestyle. On NTV, it was Living with Ess, on KTN recently, it was Morning Express, and on Ebru TV, it was on Being Mommy. The fact that the hosts are mainly women, and that homeschooling is associated with motherhood, as on Ebru TV, shows a clear imperial and evangelical ideology about the role of women in the nuclear family.
These types of broadcasts necessarily imply that there is no debate or critique of homeschooling, as we would expect of the more overtly political shows. Similarly, the same type of show essentially packages homeschooling as a lifestyle choice or consumer product, when homeschooling is fundamentally a political choice.
At the risk of sounding absolute, there is no good education for a child if there is no good education for all children.
For instance, in the Living with Ess episode, homeschooling is presented as shielding children from the competitive culture that dominates institutionalized education. Yet, as I have explained, the reality is that children who are homeschooled ARE still competing. They are just getting an edge over the others. This is confirmed by the show providing a list of American celebrities and an interview with an employee who was homeschooled.
The symbol of advantage of homeschooling is typically arts education, subjects that the Ministry of Education, the media and the private sector typically fights against through misrepresenting the arts and frustrating artists. The end result is that children in public schools are unlikely to get an arts education, a situation that is highly discriminatory against poor children but is politically deliberate.
The ideology of homeschooling is the neoliberal ideology of choice, which ignores the reality that options for choice are not equally available to all. Some time back, the media reported about a woman from a poor Nairobi neighbourhood who was arrested because she chose not to take her children to school for religious reasons. This discrimination becomes glaring when one considers that homeschooling in Kenya is largely informed by religion.
I’m sure I have disappointed some parents who may have wanted a balance sheet about the pros and cons of public or institutionalized education and of homeschooling. But what I am saying, in essence, is that with education, we cannot avoid political questions about what kind of society we want. The lesson of COVID-19 is that our standard of living is only as good as the standard of living of the poorest among us.
It takes a village
So in conclusion, let me clarify the following: Parents perform a unique role in children’s lives that cannot be replicated by any form of schooling. Lessons of identity, character, love and work ethic are taught by parents and extended family. No school can provide those. It is this love that should compel parents to make political demands of the public education system and of public culture as a whole.
Homeschooling is not simply about learning from parents alone. Whoever designs or informs the curriculum which the parent is teaching the child also has a huge role in moulding the child’s consciousness. While many Kenyans may think that this does not matter for children, it has political and psychological implications when the children become adults, and not just for the children, but for the entire society. Therefore, homeschooling is not the absence of state in a child’s education; it is a choice about what kind of state.
Accessing curriculum materials online is not necessarily homeschooling, or “digital learning”. Accessing digital materials is simply that, and it is no different from using a textbook. It does not necessarily translate into better education.
Online learning refers to education conducted almost entirely online, when meeting physically is the rare exception rather than the norm. Kenyans should know that online learning success rate is terrible, especially for adults who do not already have a strong background in the traditional face-to-face learning.
The media and KICD are misleading the public when they refer to use of materials online or on broadcast media as “digital learning”. The desire for online learning is a project that the president has flirted with since he was the Finance and the Education Minister in the Kibaki government and it is designed to deny poor children in public schools access to education provided by human teachers.
The ideology of homeschooling is the neoliberal ideology of choice, which ignores the reality that options for choice are not equally available to all.
That parents are the best teachers of children is a claim that is not necessarily true and is definitely not ideologically neutral. The claim comes from a specifically ideological project, and for Africans, especially those who use the Accelerated Christian Education curriculum, this ideological project is troubling.
Incidentally, the same argument applies to CBC, where the state has decided to intervene directly in families in the name of promoting “parental involvement”, but the involvement is modelled on the Eurocentric middle-class Christian nuclear family. If anything, one would argue that in Kenya, homeschooling ideologically paves the way for privatization of public education.
Homeschooling converges with CBC in its ideology of talent, parental involvement and employment. It therefore does not offer alternative education but simply an alternative venue and facilitator.
Although parents often feel that they are making a practical choice between homeschooling and institutional education, my argument here is that this is not a real choice. Homeschooling is as good, or as flawed, as public schooling.
At this time of the COVID-19 pandemic this analogy may, hopefully, warn us against complacency about public education. Just like the middle class is vulnerable to a pandemic if the poor don’t have healthcare, it is also vulnerable to the cost of ignorance when the poor are getting a bad education. And public education is wider than schooling. It includes culture, festivals, arts, research, publishing, public libraries, public spaces like parks, museums, playgrounds and halls. In other words, anywhere where people can get together and learn from each other.
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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 (firstname.lastname@example.org), 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, email@example.com.
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