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Road to 9/8: Is the IEBC Prepared?

7 min read.

This is the fourth of a series of articles that discuss some of the major issues at stake, and the roles played by various institutions in safeguarding the integrity of the August 2022 general election.



Road to 9/8: What Is at Stake?
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The Independent Electoral and Boundaries Commission’s (IEBC’s) centrality to the electoral process cannot be understated. There is a clear nexus between the perception of its credibility and the likelihood of instability. A recently conducted dry run of the IEBC’s new results transmission system recorded a failure rate of nearly 60%. Of the 2,900 polling stations used for the simulation, only 1,200 successfully transmitted data. This is deeply concerning in an election where we will have the highest number of polling stations and registered voters in Kenyan history at 46,232 and 22.1 million respectively. Illustratively, if the same failure rate is recorded during the actual election, this would mean 27,739 polling stations would fail to transmit results. In our previous articles, we discussed the IEBC’s use of technology in elections administration. In this article, we further scrutinize the elections management body’s readiness for the upcoming polls. Is the IEBC election ready? Can it administer a credible election?

Based on the Supreme Court’s indictment of the IEBC’s elections management in 2017 and the IEBC’s own assessment in its Post-Election Evaluation Report, the recurring themes in the IEBC’s shortcomings are its procurement practices, its use of technology and its internal capacity.  In appraising the IEBC’s, we are guided by its failings in previous electoral cycles and ask whether these have been remedied. A creature of the Constitution, the IEBC is mandated with continuous voter registration, elections administration, campaign financing regulation and registration of political candidates. We will focus only on continuous voter registration and elections administration.

Questionable procurement

In the historic 2017 judgment annulling the results of the presidential elections, the Supreme Court found that the IEBC’s transmission of results was riddled with irregularities. From missing statutory forms to statistical anomalies in the transmission of results, the Court concluded that it was unlikely the poll was credible. At the centre of these challenges was IDEMIA, the entity contracted by the IEBC to provide the Kenya Integrated Election Management System (KIEMS) which included biometric voter registration kits and a results transmission system. Under the Elections Act, the IEBC is required to use an integrated electoral system that enables biometric voter registration, electronic voter identification and the electronic transfer of results. Since 2013, the IEBC’s procurement of service providers to print ballot papers and administer the KIEMS has been surrounded by controversy. Writing for Africa Uncensored, John-Allan Namu has recently chronicled the IEBC’s seemingly systemic challenges with procurement. The circumstances surrounding IDEMIA’s procurement by the IEBC suggest significant external influence. In 2013, IDEMIA successfully secured the contract with the IEBC despite it not having the most viable bid. Further, despite lingering doubts around the credibility of its conduct of the 2013 election, IDEMIA was directly procured to administer the 2017 election for the alarming amount of KES 4 billion – the most expensive election in the region at the time. Internal records indicate that the IEBC was conflicted about the propriety and feasibility of IDEMIA’s procurement. Eventually, IDEMIA would sub-contract the results transmission to another entity.  The disastrous performance of the KIEMS in 2017 hardly needs to be recounted. The IEBC’s procurement challenges were not only limited to the integrated elections management system. A few months before the 2017 general elections, the IEBC’s procurement of Dubai-based Al Ghurair to print the ballots for the presidential elections was under scrutiny before the High Court and the Court of Appeal. This time, Al Ghurair was locked out for failing to meet a local shareholding requirement which was introduced following the 2017 elections.

Half a decade later, the IEBC seems to be in the same position. This time, it has procured Smartmatic International to administer the KIEMS and Inform P Lykos to print the ballot papers. Coincidentally, Smartmatic is the only company whose bid beat that of IDEMIA in 2013 yet it was not contracted. So, who is Smartmatic?  Earlier this year, the Philippine Cybercrime Investigation and Coordination Centre concluded that Smartmatic’s system was ‘compromised’ during elections it administered, not exactly an endorsement of its potential to administer Kenya’s forthcoming elections. Why would the IEBC lurch from one questionable service provider from one election to the next? On the basis of credibility, Smartmatic’s contract with the IEBC was questioned before the Public Procurement Administrative Review Board by Risk Africa Innovatis, which this time emerged second in the bidding for the contract. Inform P Lykos’ contract for the printing of the ballot papers was also challenged but the Public Procurement Administrative Review Board dismissed both cases. In each case, the complainants appealed to the High Court, which is yet to decide, but the IEBC has proceeded to contract both entities, citing the urgency of the elections and the absence of injunctions restraining them from doing so.

Unpacking the IEBC’s sense of urgency, it is apparent that history once again is repeating itself. In its Post-Election Evaluation Report, the IEBC highlighted that delays in disbursements from the Exchequer has, in each election cycle, compromised its adherence to statutory timelines. During this cycle, the IEBC’s clean-up of the voter register was impeded by IDEMIA’s refusal to hand over voter data to Smartmatic, apparently because of non-payment by IEBC. That the IEBC would conclude a contract that would permit a third-party service to exercise a lien over Kenyans’ personal data in that way is unsettling.  Unfortunately, like the government’s contract for the construction of the Standard Gauge Railway, IEBC’s contract with IDEMIA has never been made available to the public, and it appears that neither will its agreement with Smartmatic. On the procurement front, it appears that not much has changed since 2017.

Failing technology and weak security

In the 2017 election, approximately 27% of polling stations lacked sufficient network coverage to support results transmission and, according to the IEBC, the result was a transmission rate 92.7%. This time, there have been conflicting statements by the IEBC regarding its network coverage. In April, an IEBC official announced that only approximately 260 polling stations (out of the total 46,232) lacked network coverage. In June, this number went up to 1,111. The Supreme Court, in the 2017 presidential election petition, directed the IEBC to ensure that all polling stations had sufficient network coverage. It is now clear that the IEBC has failed to comply with this directive, and this fact has been brought up in a law suit against the IEBC for its decision to scrap the manual voter register contrary to the provisions of the Elections Act. With the failure rate recorded during the dry run, the doubts over Smartmatic’s system and the large number of polling stations without sufficient network coverage, it is unclear if the IEBC can deliver an election without significant structural failings.

Aside from the integrated elections management system, the voter register presented seemingly insurmountable challenges to the IEBC. While the Elections Act requires the IEBC to conduct an audit of the voter register not less than 6 months before the elections, KPMG was instructed to audit the register in March. Even before this audit was complete, the IEBC admitted that the voter register was breached, and voter data unlawfully transferred. Over 1 million voters were affected, with, for example, some voters who were registered in Nyeri County being transferred to counties in the former North Eastern Province. The IEBC chairman has since announced that the responsible officers have been identified and would be prosecuted. Especially because of the recent decision by the IEBC to scrap the manual register in favour of the digital register, the importance of the latter’s reliability is clear. What remains unclear is the sufficiency of the IEBC’s efforts to secure this reliability.

Poor human resource planning

Immediately after the Supreme Court nullified the presidential elections in 2017, the IEBC experienced a mass exodus in its leadership. The CEO, Ezra Chiloba, and four commissioners all resigned. These officials, among others from the IEBC, have since been appointed to eye-catching positions. Chiloba was recently appointed as Director General of the Communications Authority, Immaculate Kassait is now the Data Commissioner, and James Muhati, the immediate former ICT director is now in charge of Huduma Kenya. Perhaps questions should also be raised regarding the Chairman’s continuance with the IEBC despite the colossal failure that was the 2017 election. The vacancies in the IEBC were only completely filled in September last year, 11 months to the elections. In its Post-Election Evaluation Report, the IEBC highlighted that in each cycle, its internal human resource capacity has been wanting. According to the Independent Review Commission, for an electoral management body to adequately prepare for an election, its leadership needs to be in place at least 24 months prior to the elections. In 2013, the IEBC’s vacancies were filled 15 months prior to the elections, and in 2017, this period was only 7 months. Between the delayed release of funds by the Treasury and the lack of political goodwill in filling its vacancies, it appears that the IEBC is designed to fail.

It goes without saying that an organisation’s leadership will determine, in large part, whether it will effectively deliver on its mandate. Are the commissioners currently in office, based on their backgrounds, up to the task of elections management? Before joining the IEBC, none of the current commissioners, including the Chairperson, had any experience in elections management. The upshot of this, is that save for Chebukati, who is the chair, and Commissioners Guliye and Molu, the commission’s leadership of 7 are all new to elections management.  Those who are not new learnt on the job and do not have appear to have relevant academic qualifications. Even the CEO lacks a background in elections management. Comparatively, South Africa’s Electoral Commission is comprised of a total of 5 commissioners, 3 of whom have over a decade’s experience in elections management. One of the commissioners, Dr. Masuku, even developed the Electoral Commission’s strategy and implementation framework in 1998. While a diverse skillset is important at leadership level, it goes without saying that practical knowledge of elections management is crucial and would undoubtedly influence the conduct of elections by electoral agencies. It is unsurprising that with the record of the leadership of South Africa’s Electoral Commission  it has had far fewer doubts raised around its credibility.  The IEBC’s top management are not self-evidently capable of administering a free and fair election: nothing in the background of the Commissioners suggests that this is a task to which they are accustomed or to which they can easily adapt.  Most are novices in this arena.  It is the equivalent of putting a ship out to into sea buffeted by gale force winds under a captain whose primary qualification is that many ships have capsized under the captain’s command.

Is it ready?

Unfortunately, despite its attempts to address its previous failings, one cannot help but conclude that the more things change, the more they stay the same at the IEBC.  It is an institution, institutionally designed to fail.  Significant doubt still exists over its procurement process and choices, the technology it proposes to use seems not to be credible, it has had major lapses in security, and it has key officers un who lack professional credibility in the management of elections. In summary, the IEBC is not up to the task. We would be surprised if it was not found wanting. Its shortcomings are both errors of omission and commission.  We should have done a lot better.  We will now reap what we have sown with an electoral body unfit for purpose.

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Karim Anjarwalla is the Managing Partner of ALN Kenya|Anjarwalla & Khanna, a leading corporate law firm in Africa. He is also a director of the ALN Academy, an organization dedicated to enhancing the rule of law in Africa. Karim is passionate about entrenching good governance in both private and public institutions in the region, and has written extensively on topics at the intersection of Rule of Law, ethics and economics. Abdulmalik Sugow is a lawyer at ALN Kenya|Anjarwalla & Khanna and a legal researcher. His research interests include content moderation, intermediary liability and more broadly, the nexus of social media and democracy. Abdulmalik has published articles in peer-reviewed journals and on mainstream and independent media platforms. He has previously consulted for the World Bank and the Kofi Annan Foundation.


Changes in Suicide Reporting Welcome, but Slow

Without a deeper understanding of the harm insensitive reporting on suicide causes, attempts to change may be wrongly deemed as political correctness.



Changes in Suicide Reporting Welcome, but Slow
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Earlier this year, the Baraza Media Lab and the Centre on Suicide Research and Intervention published a report that looked at how broadcasting stations report on suicide on social media. Its contents were sobering. Many leading media houses were found to report suicide as a criminal act. Reports also contained harmful elements such as descriptions of suicide methods and imagery of suicide and did not provide helpful information for readers who may be thinking of suicide.

So how have journalists been reporting on suicide since the data was collected? A very cursory survey of news outlets on social media shows reasons for both optimism and worry. Over the course of 2023, media outlets have published more stories about mental health, indicating an increasing awareness of it. This year has also seen an increased number of responsibly written social media posts that take into account the need for sensitivity on suicide.

Now, the negatives. Knowledge on responsible reporting of suicide, while improved, remains inconsistent across news operations. Real progress will require further integrating social media into editorial processes, subjecting its copy to as much rigour as the stories themselves to ensure errors are not introduced once stories are completed. Also, many insensitive references to suicide on social media were accurately reproduced from news stories.

The term “committed suicide” continues to appear on news websites, even in stories where responsible reporting would be expected, such as those that explore the risk factors of suicide. Stories use the insensitive word “suicidal” in phrases like “treating suicidal people as criminals” and “people who are suicidal”. The same insensitivity is also observed in the phrase “mentally ill” – ironically in stories that call for acts of suicide to be decriminalised.

It’s not clear that all journalists understand why respectful reporting on suicide is necessary. It was interesting – and revealing – to see a media outlet’s official X account, formerly known as Twitter, include both the terms “died by suicide” and “committed suicide” in the same tweet.

News websites continue to narrate morbid details about the manner of death by suicide. You are still likely to find phrases like “the body was found hanging in his room”, a man “who set himself ablaze” and “doused himself in a flammable substance before setting himself ablaze while carrying the Kenyan flag”. The imagery of suicide, with the noose particularly prominent, continues to be used in stories, inadvertently advertising hanging as a suitable method.

It’s not clear that all journalists understand why respectful reporting on suicide is necessary.

Media outlets aired insensitive footage. One camera focused on a woman overcome with emotion, who understood she was being filmed. One story goes as far as to narrate that instead of dissuading the deceased from taking his own life, a bystander handed him a lighted match and taunted him over unsuccessful attempts to light himself on fire, displaying the contempt people have for people thinking of suicide and inviting viewers to agree with those ideas.

The approach to reporting suicide varies depending on whether the person who died by suicide had committed a violent crime just prior, usually another killing. Reports are more likely to use “died by suicide” where the only death reported is by suicide. On the other hand, when person who died by suicide had killed another person, the phrase “committed suicide” is used freely.

The approach to reporting suicide varies depending on whether the person who died by suicide had committed a violent crime just prior, usually another killing.

Yet the same responsibility to reduce the prominence of suicide applies even in the context of crime reporting, and steps that broadcasters take to make footage of murders acceptable, such as using trigger warnings and black and white for bloodstains, may still be unacceptable in the context of suicide prevention. According to a 2021 brief by the University College Cork, Ireland, no graphic footage should be used in reporting murder-suicides, and care should be taken to discourage copycats, or position murder-suicide as a solution to anything.

Without a deeper understanding of the harm insensitive reporting on suicide causes, attempts to change may be wrongly deemed as political correctness, resulting in disrespectful coverage that tries to “say it as it is” and neglects to include sources of help for people who may be thinking of suicide.

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Why President Kagame Should Not Run for a Fourth Term

The 2024 elections in Rwanda are an opportunity for the country to move away from strongman leadership to enable the emergence of strong institutions and a governance that is more tolerant of critics.



Why President Kagame Should Not Run for a Fourth Term
Photo: Вени Марковски | Veni Markovski, CC BY-SA 4.0 , via Wikimedia Commons
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The constitution of Rwanda was amended in 2015 to allow President Paul Kagame to stand for a third term of seven years. Kagame was re-elected in 2017 and his term ends in 2024. The change in the constitution also allows him to stand for a fourth and a fifth five-year term. In my view, President Kagame should not run for a fourth presidential term in the 2024 elections.

President Paul Kagame was appointed Vice President and Minister for Defence on 19 July 1994, immediately after the end of the war and the Rwanda genocide. When President Pasteur Bizimungu resigned in 2000, Kagame was elected by the Transitional National Assembly to replace him. Three years later, in 2003, Kagame was elected president and has been president of Rwanda for over two decades. He has, therefore, risen to higher levels of decision-making over three decades, a sufficient period of time during which to oversee the implementation of policies he thought would advance the betterment of Rwandans. Kagame should, therefore, consider letting another willing and capable Rwandan build upon his achievements and continue to advance Rwanda’s interests. Indeed, under Kagame’s leadership, Rwanda has made some achievements but there are also shortcomings.

First, from a war-torn country, Rwanda has emerged to become a state with well-defined and functioning structures and institutions supported by fairly clear legislations. In my opinion, this has been achieved thanks to Kagame’s administration’s commitment to bring about change in Rwanda manifested immediately after the end of the war and the genocide against the Tutsi.

Second, Rwanda has also made some economic gains even though these can be challenged in many aspects. In 2000, Kagame made a pledge to transform Rwanda from a low- to a middle-income country driven by a knowledge economy by 2020. Since then, the Rwandan economy has grown significantly and its GDP per capita has increased from USD304 in 1995 to USD940 in 2022. The country’s human development index has soared and Rwanda has been recognised by the World Health Organization as one of the countries that are performing well on the goal of achieving universal health coverage. The country’s life expectancy has increased significantly, from 47 years in 2000 to 67 years in 2020. Moreover, according to UNICEF, the government has made some improvements in expanding education for all across Rwanda.

 Lastly, through a meticulously executed campaign of communication, compelling narratives have been disseminated across the world that speak well of Rwanda. This along with the country’s commitment to deploy its soldiers to multinational peacekeeping missions across the world (Rwanda ranks fourth on the list of countries that contribute in peacekeeping in the world) has enabled Rwanda to strengthen its foreign relations with other countries and project its image as a development success story.

There are certainly more achievements that President Kagame has made during his 30 years in leadership that his replacement can learn from and retain to move Rwanda forward. However there are shortcomings. Kagame managed to put the country back on the world map but failed to create an environment for the country’s citizens to exercise their fundamental rights and freedoms.

Upon taking power following a military victory, his political party, the Rwandan Patriotic Front (RPF), pledged a consensual democracy to Rwandans. But over time this democracy has transformed into a political system that suppresses political dissent, restricts pluralism and curtails liberty in Rwanda. Most affected are those who dare or are perceived to challenge his government’s narrative in Rwanda and abroad. In many instances, Kagame’s government has abused its power, colluding with the judicial system to criminalise his critics. As a result, Rwanda has repeatedly been categorised as not a free country by Freedom House.

This has led to independent and inter-governmental human rights organisations and representatives of developed countries that financially support Rwanda to publicly criticise his leadership for lack of political inclusion, human rights violations and the overall democracy deficit in Rwanda. This situation continues to tarnish Rwanda’s reputation that Kagame’s leadership has been working hard to restore.

Furthermore, independent reports on the development of democracy and governance throughout the world – and in Africa in particular – all point out that citizen participation in Rwanda remains limited, as do local NGOs.

Political participation in Rwanda is limited only to those who adhere or are willing to be affiliated to his political party, the RPF. This has prevented the emergence of a genuine opposition that could have provided checks and balances across institutions in Rwanda. The repercussions are that lack of accountability within public institutions is rampant and Kagame has many times publicly criticised officials in his administration for not delivering as they should. In fact, the pledge he made in 2000 to transform Rwanda into a middle-income country driven by a knowledge economy has not materialised and Rwanda remains a low-income country to date.

Failure to effectively engage citizens in decision-making has also resulted in the implementation of development policies that do not meet the immediate needs of the population. Hence, the economic gains made by Kagame’s administration can be challenged in many aspects as previously pointed out. For instance, substantial public funds have been invested in the development of the Meetings, Incentives, Conferences, and Exhibitions (MICE) sector while less has been allocated to education, agriculture, and rural infrastructure development. Thus, despite remarkable economic growth and a significant improvement in the human development index registered by Rwanda since 1994, these achievements are tarnished by high inequalities in income, health and education. Furthermore, they are characterised by economic injustices such as unfair land expropriation and the uprooting of farmers’ crops. Rwanda’s human capital development remains below the average for African countries due to a lack of quality education and high levels of malnutrition among children below five years. Only 41 per cent of households in Rwanda are considered to be substantially food secure. The private sector’s contribution to growth has remained small and growth is predominantly led by state-owned enterprises and those belonging to the ruling party. Overall, Rwandans have been consecutively ranked among the bottom five least happy populations on the global happiness index.

Failure to effectively engage citizens in decision-making has also resulted in the implementation of development policies that do not meet the immediate needs of the population.

Over the past three decades, curtailed civil liberties and mounting social inequalities have seen Rwandans seek refuge abroad and prevented from returning to their homeland those who had fled Rwanda after the RPF took power in 1994. This situation has exacerbated the issue of Rwandan refugees that has persisted since Rwanda’s independence.

In particular, under President Kagame, the unresolved issue of Rwandan refugees settled in Rwanda’s neighbouring countries has been a source of political tensions between Rwanda and its neighbours. The Rwandan government has maintained that there are negative forces resident in eastern DRC that are out to destabilise Rwanda, a reference to the Democratic Forces for the Liberation of Rwanda (FDLR). The FDLR is an armed group formed by Rwandan refugees in DRC who, following their forcible eviction from Rwanda during the genocide, resorted to armed struggle as a means of retaking power in Rwanda. Despite Rwanda’s armed forces launching military operations against the FDLR on numerous occasions on Congolese soil in collaboration with the Congolese army, the Rwandan government continues to insist that the FDLR is a threat to Rwanda’s security.

The United Nations has twice – in 2012 and 2022 – accused Rwanda of supporting the M23, an armed group that is fighting in the eastern DRC. This conflict has displaced populations and led to the death of millions of African civilian lives. In 2016, the UN Security Council accused Rwanda of recruiting and training Burundian refugees with the aim of ousting the then Burundian president Pierre Nkurunziza. Western countries have suspended or withheld aid to Rwanda over allegations that it supported the M23 in 2012 and some of Rwanda’s donors have recently publicly called on the Rwandan government to stop supporting the M23 and remove its troops from eastern DRC. The European Union and United States of America have sanctioned Rwandan military officials for backing the M23. The US has placed Rwanda on the Child Soldiers Prevention Act List and suspended its military aid to the country due to Rwanda’s support of the M23, which the US says recruits and uses child soldiers. Not only do these allegations of Rwanda’s involvement in the regional conflict further tarnish the country’s image that Kagame’s administration has worked hard to restore, but the tensions with neighbouring states have also prevented Rwanda from maximising the benefits of regional integration and trade for its development.

President Kagame should not run for a fourth term as the governance of Rwanda needs to be reformed so that it becomes more tolerant of critics, democratic and inclusive. To successfully implement such reforms in governance requires a new leadership with fresh perspectives and approaches that will be able to build on Kagame’s achievements in order to address unresolved historical grievances of Rwandans and at the same time enable Rwanda to maximise its potential in the region and experience genuine development.

President Kagame should not run for a fourth term as the governance  of Rwanda needs to be reformed so that it becomes more tolerant of critics, democratic and inclusive.

Considering Rwanda’s history of long-serving strongmen who have taken power, retained it and lost it through violence, the 2024 presidential election is an opportunity for Rwandans to experience the transfer of power in a peaceful and transparent manner as has been the case in neighbouring countries including Burundi, DRC and Tanzania. It is an opportunity for Rwanda to move away from strongman leadership to enable the emergence of strong institutions to take the lead instead. This can be achieved by building on the legislations that have been reviewed and implemented under Kagame’s leadership. Therefore, while recognising with gratitude the achievements that he has made over the past three decades, Kagame’s greatest achievement yet would be to step away from power at the end of his term in 2024. In so doing, Kagame will have paved the way for better leadership in Rwanda and opened the door to future generations of Rwandans aspiring to become leaders in Rwanda.

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Why Kenyans Demanded an Apology from King Charles

The traumatic legacy of British colonialism lingers in Kenya to this day, and this is why Kenyans were demanding an apology from King Charles.



God Tax the King
Photo: Simon Dawson for No. 10 Downing Street via Flickr CC BY-NC-ND 2.0
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Many British people are surprised that King Charles’s visit to Kenya was not welcomed by many Kenyans and human rights organisations. People whose families had suffered at the hands of British colonialists during his mother’s reign demanded an apology for crimes committed. Although the British monarch expressed “deepest regret” for the atrocities committed by the British in Kenya, he fell short of making a public apology.

However, many Brits believe that there is nothing the king needed to apologise for. One presenter on Sky News even wondered why Kenyans were calling for an apology from the king given that Britain had done much “good” in the country. After all, he said, without any hint of irony, the British Empire had brought democracy to Kenya (how he equated imperialism with democracy beats me) and given Kenyans “the gift of the English language”.

It was obvious that the presenter had been taught British imperial history that has whitewashed the atrocities that the British Empire committed in its colonies around the world. British children are to this day taught that British colonialism was a “civilising mission” that brought modern education and infrastructure, in addition to Christianity, to regions that were steeped in ignorance and backwardness. Apologists for the British Empire, such as the historian Niall Ferguson, author of Empire: How Britain Made the Modern World, argue that Britain should be congratulated for conquering the world because British civilisation brought science and technology to people who held superstitious beliefs, and injected a “work ethic” in populations that were lazy and lacking in imagination. This is sort of like saying that slave owners did slaves a favour by shipping them to the Americas and forcing them to work for free because these slaves are now US citizens and enjoy all that America has to offer (even though it took them four centuries to gain rights as equal citizens).

A few months ago, the editor of a German magazine contacted me to ask whether I could submit an article on the atrocities the British had committed in Kenya during colonialism. He told me that while his magazine had documented human rights violations by German and Belgian colonialists in places like Namibia and the Democratic Republic of the Congo, it had largely ignored the violations committed by Britain in places like Kenya because the majority of Germans believe that British colonialism was not as brutal as that of other European powers, and that its net impact on its colonies in Africa had been positive. It dawned on me that perhaps Europeans are not being told the true story about colonialism and its horrific impact on Africans. So, here’s primer.

Erasure of memory

Kenya officially became a British colony in 1920, but prior to that, from 1895, it was deemed a “protectorate” – a term suggesting that the colonisers who grabbed the land were there to protect the interests of the “natives” who would benefit from being colonised. A widely held belief is that because Britain spearheaded the abolition of slavery, the British were “benevolent” colonisers, unlike the French and the Belgians who plundered and looted their African colonies. (In addition to extracting raw materials and exporting items such as ivory and rubber, the French and the Belgians also stole invaluable artefacts from their colonies in West and Central Africa, which today are displayed in museums across Europe, including in Britain, despite efforts by African governments to have these artefacts returned to where they were stolen from.)

Yet, those who care to join the dots between the anti-slavery movement and the colonisation of Africa are acutely aware of the fact that the Berlin Conference of 1884-85 (dubbed the “Scramble for Africa”) that carved up Africa among European nations, including Britain, took place just a few years after slavery ended. Because slavery was no longer legal and was costly to maintain, the only other way Europeans could extract cheap labour and highly profitable resources from Africa was by colonising the continent.

In order to justify colonisation in settler colonies like Kenya and Zimbabwe (formerly known as Rhodesia), it was necessary to erase evidence of atrocities committed by the Europeans. Many of these atrocities remained unacknowledged and unreported for decades because archival documents were either destroyed or deliberately concealed. British historian David M. Anderson, author of Histories of the Hanged: The Dirty War in Kenya, discovered that thousands of documents belonging to the British colonial administration were flown to London in 1963 on the eve of Kenya’s independence and remained hidden from the public for decades, despite attempts by successive post-independence Kenyan governments to have these “stolen papers” returned to Kenya.

The magnitude of these atrocities was finally revealed in 2005 when the Harvard historian Caroline Elkins’ book, Britain’s Gulag: The Brutal End of Empire in Kenya, was published. The book documents the many crimes that British colonial officers committed in Kenya in their relentless pursuit of wealth, land and power for themselves and in the name of the British Empire. Mau Mau fighters and their supporters were subjected to extreme forms of torture, including castration, whipping, waterboarding and electric shocks.

The areas where these Mau Mau revolutionaries were arrested, detained, tortured or killed in the 1950s were in and around the Aberdares mountain range in Central Kenya where Queen Elizabeth, during an official visit to Kenya, ascended to the throne after the death of her father, King George VI, in February 1952. Eight months after she became Queen of England and head of the British Empire, a state of emergency was declared in Kenya that allowed the British Colonial Office to detain people without trial. Many freedom fighters languished in camps or jails where they were subjected to torture.

Mau Mau fighters and their supporters were subjected to extreme forms of torture, including castration, whipping, waterboarding and electric shocks.

The Mau Mau rebellion was a reaction to the expropriation of some 7 million acres of the most fertile land in Central Kenya and the Rift Valley – dubbed the White Highlands – in the early part of the 20th century after the building of the Uganda Railway, which opened up the interior of East Africa for British colonisation and settlement. The indigenous population was pushed into so-called reserves while others became squatters on land that was once theirs, working for white farmers for very little wages.

Elkins estimates that between 160,000 and 320,000 detainees, mostly from the Kikuyu, Meru and Embu ethnic groups, were tortured or maimed by the British at the height of the Mau Mau rebellion in the 1950s, although official figures state that the number of detainees was no more than 80,000. It is estimated that more than 20,000 Mau Mau militants were killed. Further, more than a million people, mainly in central Kenya, were detained in camps or confined in villages known as “reserves” (which have been described as “concentration camps”) surrounded by barbed wire. Tens of thousands of people held in these dense and unsanitary guarded camps and villages died from hunger or disease.

To justify these atrocities, British officials painted the Mau Mau as savage “terrorists” because of the violent and brutal methods they used to hunt down and kill white settlers and local informers. Official figures show that Mau Mau fighters killed 32 British settlers and 1,819 indigenous people whom they believed to be spies for the British.

Today what the British Empire did in Kenya might be perceived as a form of ethnic cleansing, but because colonisation was not unfashionable then, the atrocities were not condemned, nor was anyone tried. It was only in 2011, during a landmark court case brought against the British by a group of Mau Mau veterans, that the British government, under legal pressure, admitted that the documents were in a high-security facility that also contained files from 36 other former British colonies. (In 2013, 5,228 Mau Mau veterans were awarded £20 million in compensation by a UK court, which amounts to roughly £3,000 per victim, a paltry sum given the suffering they endured.) One of these documents contained details of eight colonial officers stationed in Kenya “roasting detainees alive”. All of the accused officers were granted amnesty.

Official amnesia 

Official amnesia and disinformation were not just part of a deliberate campaign by the British Empire to whitewash the crimes it committed in its colonies in Africa and elsewhere, but also a strategy employed by post-colonial governments in Kenya to cloak their own complicity in ensuring that British interests in the country were preserved.

Post-independence Kenyan elites benefitted from colonial policies that alienated Africans from their own land and became the biggest beneficiaries of post-independence land grabs disguised as land redistribution or adjudication. After independence, the so-called home guards or loyalists became the biggest beneficiaries of land and political power. According to Kenya’s 2013 Truth, Justice and Reconciliation Commission report, “Rich businessmen and businesswomen, rich and powerful politicians who were loyal to the colonial administration, managed to acquire thousands of acres at the expense of the poor and the landless.” Hence, “instead of redressing land-related injustices perpetrated by the colonialists on Africans, the resettlement process created a privileged class of African elites, leaving those who had suffered land alienation either on tiny unproductive pieces of land or landless.” Even today in Kenya, members of freedom fighting movements like the Mau Mau remain landless and poverty-stricken while those who sided with the colonialists are among the richest people in the land.

After independence, the so-called home guards or loyalists became the biggest beneficiaries of land and political power.

The Mau Mau remained a proscribed organisation for four decades after independence. It was only in 2003, when Mwai Kibaki became president, that the Mau Mau were recognised for the role they had played in Kenya’s struggle for independence. Kenyatta Day on 20 October was renamed Mashujaa Day (Heroes Day) to commemorate all those who died while fighting for freedom. In 2007, a statue of Dedan Kimathi was erected in Nairobi’s central business district, and in 2015, following the 2013 UK court decision to compensate Mau Mau veterans, the British government put up a Mau Mau memorial sculpture in Nairobi’s Uhuru Park “as a symbol of reconciliation between the British government, the Mau Mau and all those who suffered”.

Despite these symbols of reconciliation and healing, the traumatic legacy of British colonialism lingers in Kenya to this day. This is why Kenyans were demanding an apology from the King – because the wounds have not yet healed. While a public apology might not have been enough to completely heal the wounds and traumas of the past, it would have been an important first step.

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