Ask any child of the 80s what, “Polisi wa kae kama raia” means or why August is called the “ Black month” and the question evokes a chain of memories buried deep in our psyches. The children of the 80s try to forget but we remember.
I started my remembering again after I took my 26-year-old nephew on a trip down my memory road. Didi is the firstborn of my eldest brother John. He is a true blood millennial, born in 1991, after the fall of the Berlin Wall, the Falklands War, the failed assassination of Ronald Reagan and the assassination of Indira Gandhi.
He was born after the release of ANC’s Nelson Mandela, the end of apartheid, the victory of Museveni’s NRM in Uganda and Sam Njuoma SWAPO in an independent Namibia.
After Said Barre was overthrown in Somalia, the SPLA civil war in Sudan, Jonas Savimbi’s CIA backed war against the Marxist government in Angola, the rise and fall of Samuel Doe in Liberia,
After the assassination of Walter Rodney, Captain Thomas Sankara and the plane crash that killed Samora Machel in South Africa.
After the murder of Dr. Robert Ouko, the mysterious death of Bishop Alexander Muge, and the hanging of Senior Private Hezekiah Ochuka.
After the Wagalla massacre, the devastating Ethiopian famine that killed half a million people, the Tiananmen Square massacre in Beijing and the unaccounted extermination of young lives to the AIDS virus.
After the July Saba Saba riots, the repealing of the Section 2A of the constitution that made Kenya a multiparty state that promised a future of dignity, liberty and prosperity in a democratic society.
We stood on Menelik Road facing the house where my innocence was lost. Menelik II was the emperor of Ethiopia who repelled an Italian invasion in the great battle of Adowa, a fact I learned years later in a history lesson in high school. There was a high drab wall surrounding the maisonette compound. We could only see the upper part of the house, the rain gutter that peeled and cracked paint under the mouldy black tiled roof. There was a kiosk and vegetable stand right outside what used to be the main access gate now completely sealed. The road was dotted with potholes and marked by high walls. The neighbourhood had changed like the rest of Nairobi. Closed, neglected and cold.
Nairobi of my childhood was a green city in the sun. In the 80s, one had to go to the military barracks or the prisons to find high walls. I conjured up a picture of Menelik Road in the 80s. Red and purple blooms of Bounganvillea hedges, bamboo fences, gated homes with manicured cypress fences, see-through gates, mbwa kali signs where white foreigners lived, mature Jacaranda trees and children taking turns riding a single BMX bicycle. At the closed end of Menelik Road was Kilimani Primary school run by a Goan man known as Mr. Fonseca, fondly known as Fonyi.
The first time I saw President Moi in the flesh was at this school. The President had stopped outside the school gates on the road named after Kenya’s first African lawyer Argwings Kodhek who died in a suspect road accident in 1969. The entire school assembled by the roadside to greet the President who had built a reputation for making surprise public stops to interact with adoring ‘ordinary wananchi’. I do not remember what Moi said but he distributed boxes of tiny biscuits afterwards, leaving us elated and in awe of Presidential power.
Menelik Road fed into Ngong Road from where the KBS buses run on time and the traffic congregated at Adams Arcade shopping centre. Adams Arcade had a timeless design that has endured the onslaught of Nairobi’s mall culture and a history dating back to the 40s. The open verandahs with large walkways, a post office, butcher shop, a bakery, basement bar are still contemporary. The iconic artistic cement slide we darted up and down as kids remains stuck in stone. The star attraction of the arcade was the Metropole cinema. I only ever watched a film there twice as the movies were adult rated but we still showed up at Adams every opportunity to drool over the movie posters and envy lucky movie goers. Adams Arcade is named after its enterprising founder Abdul Habib Adam who acquired the piece of land as payment on debt owed by the colonial government and then went ahead to design East Africa’s first shopping complex even though he was not a trained architect. On the lower level now occupied by Java coffee house was Tumbo’s bar.
Metropole cinema closed down alongside a host of cinema halls in Nairobi some years after the ’82 coup and little did we know that our privileged middle-class bubble was about to burst. My pre-teen worldview was manufactured by a father who kept up the fiction to save his children from the trauma of real world events happening around us. It was an alternative universe, much like Italian director and actor Roberto Benigni’s critically acclaimed film “La vita e bella” (Life is Beautiful). In the film, Benigni plays the role of a Jewish Italian bookshop owner, Guido who embarks on the imaginative game of positivity to shield his young preteen son from the horrors of the Nazi concentration camp while under captivity. Like Guido, I had a father who coped under duress of disruptive post ’82 years by choosing silence or humour because they were the most powerful ways a father could cry during hard times.
I lost my innocence of a predictable and certain world in 1982 on the first day of August. I was 8 years old. My elder brother returned from a party on the 31st July and had turned on his portable transistor radio to catch the 6 am news. That Sunday morning, the hesitant voice of radio veteran Leonard Mambo Mbotela on VOK’s national service announced that the government of Daniel Arap Moi had been overthrown. On the national broadcaster, an unfamiliar voice pronounced afterwards,
“You are hereby informed that everybody is requested to stay at home. They should be no movement in town. The government has been taken over by the military. There should be no movement of persons and vehicles. The police should now assume their roles as civilians until further notice,”
For the next three days, there was a protracted firefight between the Kenya Airforce soldiers cheered on by University of Nairobi students against the elite General Service Unity and the Kenya army led by General Mahmoud Muhammed. The city of Nairobi shut down, looters broke into shops and the head of state was nowhere to be seen or heard until days later when he appeared on TV looking thoroughly shaken. The poorly organized coup was crushed in 3 days but for the next three weeks, we stayed marooned indoors listening to the radio playing martial music under a dawn to dusk curfew. At the end of the month of August ’82, 100 soldiers and about 200 civilians had died and President Moi was primed to crush any threat to his hold on power.
The men who led the military revolution that never was were in their 20s drawn from low ranking Air force personnel and the public universities. There were sons of the working poor who died for their revolutionary ideals. The leader of the coup was 29-year old Senior Private Hezekiah Ochuka of the Kenya People’s Redemption Council.
Nairobi went through drastic changes after the failed coup attempt and a new kind of silence fell over our house. My parents never discussed politics in our presence. I was never certain what my father, who worked for the Ministry of Health, thought of the president. Media was government controlled and the news for public consumption feted the benevolence of our great leader, Baba Moi. Oblivious of the ongoings, we had no idea how quickly the country was slipping into repression. We watched as the adults stood aside and cheered like frogs placed in a pot of cool water complacently adjusting to the rising temperature until they boiled to death.
Night watchmen started to appear in the Kilimani neighbourhood – typical men from the pastoralist communities, the brave warriors to stand guard at night because house break-ins had reportedly increased. The bamboo fences disappeared replaced by cement block walls. Burglar proofing on windows became a standard house feature. The wooden gates replaced by solid metal ones with small access doors that one had to hunch over to get through. We started to notice ‘chokoras’ roaming through the neighbourhoods scavenging through growing roadside garbage piles that had gone uncollected for months.
The political and economic changes of the 80s and the 90s were disruptive to the lives of hundreds of thousands of government workers and their families who suddenly slipped overnight from the middle classes, no longer able to afford the privilege of security. In just a few years, there was massive flight of former civil servants from Kilimani and Woodley for Eastlands and villages across the country. I became part of the generation defined by what cartoonist Gaddo characterized as the Nyayo error.
The education system changed from 7-4-2-3 to 8-4-4. We became Moi’s guinea pigs, trained in the ethics of loyalty and patriotism. Moi’s hold on the country affairs was iron-fisted and totalitarian. As children, we totally succumbed to the Kool-Aid of the Nyayoism, programmed by the elaborate state propaganda machine, the original Cambridge Analytica. Living under the grip of Moi’s media hegemony had us parroting Nyayoism propaganda slogans.
The free school milk deprogrammed critical thought. Moi benevolence was God inspired and we knew this because TV cameras followed him to church every Sunday. Competing mass choirs emerged in droves singing in chorus in praise of the Great Leader. We memorized the ‘Nyimbo Za Kitamaduni” raising our voices in complete reverence as we sung the words to Mwalimu Thomas Wesonga choral hit song, “Tawala Kenya, Tawala, Rais Moi”, wagging a single finger in the air and unconsciously endorsing the one-party state of affairs indoctrinated with the Nyayo philosophy of Peace, Love and Unity. During the morning assembly, we recited the loyalty pledge with pride.
I pledge my loyalty to the president and the nation of Kenya. My readiness and duty to defend the flag of our republic. My devotion to the words of our national anthem. My life and strength in the task of our nation’s building. In the living spirit embodied in our national motto – Harambee! And perpetuated in the Nyayo philosophy of peace, love and unity.
Moi was the wise leader, the visionary, a man of God and the sole reason Kenya was an island of peace in a sea of conflict. There was civil war in Uganda, Somalia, Sudan, Ethiopia, Congo, Rwanda and Burundi. Any version of events or literature contrary to the official narrative earned one a subversive and dissident tag and the consequences that came with the label. As we sang and danced to patriotic songs in praise of the great leader and the beautiful life he accorded his subjects, our parents bore the brunt of the dismantling social pillars of society.
“The forces of neo-liberalism are on the march, dismantling the historically guaranteed social provisions provided by the welfare state, defining profit-making and market freedoms as the essence of democracy, while diminishing civil liberties” (Henri Giroux, 2004).
The government under pressure from the IMF adopted the Structural Adjustment Programmes (SAPs) designed to create rapid and sustainable economic growth but instead, they ushered in unprecedented loss of jobs and income equalities uprooting thousands of families and their dependants from the security of government social services. The state surrendered the economy to market forces, prioritising paying off foreign debt over social services. The social systems collapsed overnight as funding was choked, passing public institutions and services into private hands in the name of efficiency. Cost sharing became mandatory and the inequality grew overnight. The public education standards plummeted. The intellectuals were hounded, undermined, exiled, detained, subdued and turned into puppets.
Peter Oloo Aringo, the then Minister for Education captured the sentiment of the times when he publicly announced in biblical and Shakespearean rhetoric during a Nairobi university graduation ceremony that Moi was the Prince of Peace.
Unemployment increased as formal employment opportunities shrunk and the jua kali sector mushroomed. Public bus system broke down descending into a matatu culture of urgency and trickery. Potholes started to become familiar, a thing and public facilities sunk into a permanent decrepit state. Freedom of movement and association was curtailed as police officers turned rogue. Beards became profiled as marks of dissidence or Marxist in leaning, as dangerous as a young man in Kenya’s ghettos spotting dreadlocks during in the later day Mungiki crackdown. The politics became a contest of loyalty to the big man and a new cast of uneducated but loyal court jesters filled the ranks of important state positions. After ’82, Moi ran a tight ship silencing protest effectively, with the perpetual dread of the shadowy Special Branch hanging over the population.
The white man is very clever. He came quietly with his religion. We were amused at his foolishness and allowed him to stay. Now he has won our brothers, and our clan can no longer act like one. He has put a knife on the things that held us together and we have fallen apart.
Chinua Achebe, – Things Fall Apart
Fear and loathing of one’s helplessness is what defined the brand of enforced ‘silence’ of the Moi years. I had little idea that I had inherited my parents’ traumas growing up in an autocratic patronage system. Even during my boldest moments of protest as a university student in the fight for second liberation in the late 1990s, I knew my boundaries. I knew when to reserve comment, speak in code, choose my word carefully and keep my political opinions to myself in public. Stronger, braver and important men had disappeared. I had no illusion what the state was capable of.
The only other thing that rivaled the dread of Moi state repression machinery was a mysterious virus that hunted young lives like Tekayo the cannibal character in Grace Ogot’s “ Land Without Thunder”. On January 15 1985, the Standard newspaper carried a headline “Killer sex disease in Kenya”. HIV AIDS virus compounded by a broken public health system devastated my generation and it became the single biggest contributor of orphaned children. The safe sex and abstinence campaigns coincided with the rise of evangelical churches capitalizing on the despondency that defined the times. By 1988, AIDS had taken on a religious dimension as the curse of our generation. Reinhardt Bonnke, a German preacher arrived to great pomp and razzmatazz to save the souls of Africans and packed stadiums preaching the gospel of healing and miracles. Tens of thousands gathered at his mega-crusade including senior government officials, swept away by the frenzy of spiritual warfare against the demonic forces unleashed on the “Dark” continent.
In traditional Anglican, Catholic and Presbyterian churches, a band of bold men spoke softly and firmly, using their pulpits to preach the gospel of redemption from an oppressive status quo. There was Bishop David Gitari, Alexander Muge, Henry Okullu and Reverend Timothy Njoya. Two years later in 1990 Bishop Muge was dead and Timothy Njoya had been severely beaten in public by state agents outside the parliament buildings.
36 years since the coup of ’82, Kenya remains deeply entrenched in the politics of pilferage and division. The wealth and poverty gap is immoral. The country that the late JM Karuiki once decried as one of “10 millionaires and 10 million beggars” is firmly entrenched. The former Chief Justice Willy Mutunga bluntly called Kenya a bandit economy run by mafia-style cartels. Grand theft has become the enduring characteristic of the historical state and the common denominator co-joining successive generations.
On January 20th, 1961, at the Capitol in Washington DC, newly elected President John F. Kennedy inauguration speech ended with a line that would shape a generation in America,
“Ask not what your country can do for you- ask what you can do for your country”.
The leadership of all progressive nations have demanded the same unwavering patriotism of their citizens and bled the rhetoric of national service to death. However the contrary question is never tabled,
“Ask what your country has done to you?”
Are we willing to talk of the past human rights abuses, the forgotten events of historical injustice, the systemic traumas that we continue to stuff in the storehouse of national amnesia? How can a country that is unable to face and deal with its past move forward?
The millennials I meet ask this question in collective wonderment. How did it go so tragically wrong for a generation that ate the bitter fruits of the Nyayo philosophy? Why did the foot soldiers of the second liberation turn into eager oppressors and ethnic bigots driven by an unprecedented level of greed? If we are to make any sense of our presence and our future we have to go look back to where we lost our way in a Sankofa-esque way. The literal translation of the term Sankofa is,
“ It is not taboo to fetch what is at risk of being left behind”.
When I name my defining Kenyan traumas, I start with ’82, the year that I first experienced the existential angst of Kenya’s middle class. I think about the good intentions of my late father, part of the silent generation born between 1924 and 1942. He was defined by the Second World War and the Mau Mau state of emergency. By 1982, he did what any loving father would have done; shield one’s children from the harsh reality and until they were old enough and equipped to deal with it. My own father died in 1989, the year that Berlin Wall came down and it was the same year that I realised that life was not beautiful, aware of my mis-education in a postcolonial reality, I began my own personal journey of consciousness and awareness.
In 2002 after the inauguration of Mwai Kibaki, I made the number of those Kenyans described as the most optimistic population in the world. Moi was gone. My generation was unbwogable. We had survived the repressive years 80s and 90s and gotten rid of our collective problem. The impossible dream achieved and a bright future beckoned.
By 2005, Mwai Kibaki had been in power for three years and already the optimism of the year 2002 had worn thin. The politics of ethnic hegemony that had taken temporary leave returned with fury. It came to a head in disputed 2007 election and I watched my generation fall into line and retreat to the safety of ethnic bastions. Indeed, there are no atheists in the foxholes. The illusion of national unity faded and the same fears that stalked my father to silence had returned.
We had become our parents, silenced, cynical of everything political, distrustful of those who did share our story and uncertain about what the future held for our children. It might be 2018, yet 36 years later Moi’s protégés continue playing by the same rule book of economic mismanagement, rampant corruption, political assassinations, electoral theft and violent suppression of dissent. The uncertainty that defined the 80s is still here but the unbwogable generation that came of age in 2002, is invested in personal cultivated bubbles of security, no longer willing to rattle the status quo.
We have morphed into our parents with children living in bubbles and disinclined to sabotage our beautiful lives.
I’m Black, I’m Proud. Still
You can’t feed into the darkness. You can’t demand anyone to know what you know, to understand what you understand. People come to truth when they come to it and not a second before.
Growing up down south in the aftermath of the 1960s Negro Revolution in America was truly the best. During that period, three out of every four Black children in America were born in a two-parent home. By the 80s, that number would drop to one in every four.
Education and opportunity were becoming more accessible to black and brown communities everywhere. It would be the force that would get us out of the hole history had placed us in.
We were moving forward and everybody could feel it, but as much as I liked going to school and learning new things, my favourite memories are of when, after school, I got to spend time with my brothers and cousins. There was just something magical that happened when we were together.
We would meet over at grandma’s house in that part of the city we called the village. The village was a straight, two-block walk from school, down King Street, past the Piggly Wiggly store parking lot and then to the stoplight where you take a right turn onto Rommey Street, and another right on to what looks like a parking lot on the side of the church, and just at the bridge, before you crossed the old train track or you would have missed it, the entrance to the court. Thirty or so homes behind the old Methodist Church on a road invisible from the street laid out in the form of a horseshoe.
I cannot talk about the village without talking about the city and the state. Charleston, South Carolina is a peninsula city located on the South Carolina coastline. It was one of the thirteen original colonies and the very first state to break away from the Union, and one of the founding states of the Confederacy.
The village was a housing initiative following the 1964 Civil Rights Act aimed at breaking the cycle of poverty by moving Black families out of the old housing slums and projects and into new affordable homes.
The difference between the projects in the South and the projects up north is the space and design. In most cases, southern projects were designed to be communal properties, different from the stacked high-rises up north or in the Midwest.
The projects down south were simple properties where people learned to share. They shared the backyard when the sun got too high and the front when people just wanted to be outside and catch a breeze. Everybody knew one another and called each other by name. Family arguments, celebrations and losses spilled into neighbouring apartments causing people to act like one big extended family. And even though everybody was poor, they would have been hard-pressed to admit it. Poverty was a state of mind. The community spirit emphasised generosity and everything was shared. If you were hungry and didn’t have food, you could always ask next door.
Having lived in the projects for decades, my grandparents were one of the very first people to be offered a house in the village. I can remember the move like it was yesterday, everyone was so excited.
The year was 1973, I was eight years old. For the first time Black families in Charleston would have the chance of a normal life.
My grandparents, long into retirement, coupled with our large, extended family of cousins, uncles, aunts and three brothers – two older and one younger – were a great source of pride and joy until I learned that the American egalitarian beliefs which I thought were as perfect a foundation as there could be, were but an illusion, a well thought out scheme. We weren’t freed, we were just moving boxes.
Although everyone got their own private home, some did build fences around theirs but others opted against this, allowing for yards to overlap, creating a more open and vibrant community.
My grandparents had a high chain-linked fence, but there was still this sense of togetherness. When something went wrong in the village, the elders would be the first out to deal with it.
My exploration of the real workings of America would begin from within this village in 1976, the year that America celebrated its 200th anniversary of independence from British rule.
That year, I began to see that the ideals that gave birth to the idea of “We the People,” did not include people like me.
I remember a young militant uncle, oozing Black pride, spilling the beans and pointing out to me that neither he nor I, nor any of the millions of other Blacks had reason to celebrate America’s success.
As my White and Black classmates and a nation prepared for the grand July 4th spectacle that would include a freedom train, a scheduled stop in our city, marching bands, hotdogs, cotton candy and fireworks, I began my own re-education, reading keenly to understand the origins and the construct of the first Americans.
In the 200 years since the Protestant Christians invaded America they’ve enslaved millions, massacred the Indians, and everything we’ve suffered – the chains, the church bombings, our leaders assassinated, brothers lynched – all of it has been part of an elaborate scheme to keep Blacks subjugated.
In June 1740, the British Parliament passed the Naturalization Act of 1740 – the “Plantation Act” – into law.
In this decree, any White European Protestant alien who had been living in any of the thirteen colonies for seven years without being absent from that colony for more than two months, was deemed to be a natural-born citizen of the United Kingdom.
The Plantation Act of 1740 was a direct response to the September 1739 Stono River Slave Rebellion in South Carolina. The Stono Rebellion was the largest slave insurrection in British North America that culminated in the deaths of 25 colonists and about 50 Africans. It was led by an Angolan known as Jemmy and a band of about twenty slaves, who broke into a store, armed themselves and demanded their freedom. They marshalled a group of 60 slaves in an attempt to reach St Augustine in Florida, where the Spanish guaranteed freedom and land to any fugitive slave. The rebellion was crushed at Edisto River, 80 kms away from where the rebellion had started.
The 1740 law criminalised the Black experience itself, restricting the right of free movement, the right to free assembly, and the right to be educated or to earn money. These punitive and discriminatory laws created by men who claimed to be good Christians, legislated the right of plantations owners to even kill rebellious slaves.
Most colonialists considered themselves British until the year 1776 when resentment began to fester among the settlers. Frustrated by taxation and a lack of representation in the British Parliament, these new Americans declared war on their own government demanding independence.
That same year, the British-born political activist, pamphleteer and immigrant to the colonies, Thomas Paine, published a pamphlet titled Common Sense in which he argued the case for a new “America”.
“Europe, and not England, is the parent country of America. This new world hath been the asylum for the persecuted lovers of civil and religious liberty from every part of Europe.”
The American War of Independence was fought from 1776 to 1783. Seven years later, the Naturalization Act of 1790, the first naturalization law of the new republic legislating who could be granted United States citizenship, was passed into law.
All Free White Persons of “good character” who had been residing in the United States for two years or longer could apply for US citizenship. In effect, the law’s use of the phrase, “free white person” excluded blacks and immigrants of other races from being eligible for citizenship, and most importantly, for protection under the laws of the court.
As a child I had drank the Kool-Aid and believed that it was peaceful cooperation between the pilgrims and the native Indians that had established the widely practiced Thanksgiving holiday tradition.
I recall summers spent playing cowboys and Indians with my brothers. We took turns at who got to play the Indian. I felt no shame striking the Indians down with my rifle. They were always the bad guys, raiding the poor settlers’ forts, attacking their caravans. But I was baffled by the contradictions. Why would the Indians save the pilgrims who were dying from the cold and hunger only to try to escape from them later? It just didn’t make much sense.
Then it came to me: the Native Americans were fighting to protect their land. We weren’t playing a game; what we were doing was re-enacting a massacre. Over five million Native Americans were killed before the West was conquered.
Regardless the age at which one arrives at truth and understanding, it is always disorienting and disheartening. I’ve found that whether one accepts it or not, the only thing we can be certain of in this world of uncertainty is change.
I spoke with many people after the first 2020 Presidential Debate between President Trump and the Democratic nominee former Vice President Joe Biden that took place in the midst of heightened racial tensions and the COVID-19 pandemic. I got many mixed views regarding the outcome of the debate; some were shocked by the childish display while others dug in, taking sides and displaying party loyalty like it was a football game. Of the many reactions I got, one zoom call from home with my older brother really got me thinking.
“Can you believe that man?”
My older brother is now 60.
I had noticed him wiping his eyes.
I asked, “What ‘s wrong?”
At first he didn’t (want to) speak, he just kept brushing the tears away, then he began,
“Little brother, we grew up together,” he said.
“We pretty much had the same childhood, but I’ll tell you, I have never had any white person call me a nigger or spit on me like these guys up here in Philadelphia tell me they have. I have had White teachers down south who were some of the nicest people you’d want to meet. But, looking at that debate last night and the President of the United States refusing to denounce white supremacy as racist, I just never, you know, thought White people hated us that much.”
I empathised with him because I knew the pain of sacrifice, service, abandonment, rejection and betrayal.
I joined the US Military at seventeen to prove my allegiance to the ideals that made America great in my mind, but war in a foreign land far away from the ones I loved taught me the truth about service and the value of my life.
My brother and I grew up five years apart in a changing post-civil rights America. We were kids of the Kool-Aid generation, the first of our kind. We had opportunities our parents could only have dreamt of. We were the hope of a brighter future, a brighter America. A post-civil rights America.
In the 1960s, the far right party was a party bent on preserving the privileges of natural-born Whites in America, Jim Crow’s America. However, during the 1960s a new consciousness emerged as young White Americans took to the streets to say that they had seen the attack dogs set on peaceful protesters and wanted a better America. In January 1961, a young President-elect of Irish descent and a wealthy practicing Catholic would become the embodiment of the American dream and challenge the good American Christians to look into their hearts and minds and begin anew to create a better nation where the rights of every American, White and non-White, were protected under the laws of the land.
With a rousing inauguration day speech, JFK inspired Americans to think better of themselves, to think higher of themselves: “Ask not what your country can do for you, but ask what you can do for your country.” He had spoken and the people spoke back. My parents gave me his middle name because they believed life for Blacks in America would be different.
But, in November of 1963, the 46-year-old president, John Fitzgerald Kennedy, was gunned down by a lone gunmen while out in Texas promoting his ideas of equality to the American people.
This is America
My brother was crying because it was hard for him to accept people could be so calculating and one so naive. He, like so many others, wanted badly to believe in a land blessed by God.
I was twelve years old when my big brother left home. He moved up north straight out of high school, where he built a career and retired as a professional chef. He found love, family and set up a home up north. But in the Trump years, the scales fell from his eyes.
“I never had a racist moment down south, not like the kind of racist moments these guys tell me they’ve encountered here in Philly. I mean I just never believed White people hated us that much.”
I knew the anguish, the shock. We Blacks down south don’t complain, we see but at the same time we’ve learnt not to see.
My grandma in the village used to say, “You can’t feed into the darkness. You can’t demand anyone to know what you know, to understand what you understand. People see what they want to see. People come to truth when they come to it and not a second before.”
But what you don’t do is stop living.
Gold and Gemstone Policy in Kenya: The Devil Is in the Detail
Small-scale artisanal gold and gemstone mining is decades-old but lack of knowledge and expertise, and limited support from the government have hampered the sector’s development.
The evergreen town of Kakamega is a picture of the hustle and bustle typical of any Kenyan town, with many hundreds of folks going about their daily business. But as you leave the town behind, the environment changes, a lush countryside of cultivated fields and densely planted trees giving no hint of the gold mining taking place in the nearby locality of Ikolomani.
Across the country, 432 miles to the southeast of Kakamega is the beautiful transit town of Voi, the largest town in Taita Taveta County which lies at the foothills of the Sagalla massif. But the much smaller town of Mwatate is the county capital, and the source of gemstones that Kenyans from other parts of the country know little about. Mwatate has rubies, red garnet, emeralds, moonstones, tsavorite, okenorite, and many more.
Small-scale artisanal gold and gemstone mining has been going on for decades in both Kakamega and Taita Taveta counties, undertaken mainly by local artisanal miners and by a few non-locals and foreign nationals.
The Mining Act 2016 recognises three levels of mining rights: artisanal mining permits, small-scale mining permits and large-scale mining licences. The small-scale permits and large-scale mining licences are issued at the national level through the Kenya Mineral Rights Board (MRB), while the artisanal mining permits are issued through the county artisanal mining committees. The Mineral Rights Board and the county Artisanal Mining Committees are administratively governed by the State Department of Mining under the Ministry of Petroleum and Mining. The Director of Mines and his representatives in the various counties are in charge of overseeing the implementation of the ministry’s policy frameworks. The Ministry of Petroleum and Mining has key mining regulations in place to govern this process.
But even though the Mineral Rights Board is in place, the process of setting up the county Artisanal Mining Committees (AMCs) has been long drawn out and there seems to be no hurry to implement the mining regulations that were commissioned in 2017. Kakamega County’s AMC was gazetted on 27 March 2020 and the team commissioned on 20 July 2020. However, the AMC has yet to begin its work as the key governmental mechanisms necessary to run the committee are still pending and so no mining permits have been issued to artisanal miners in Kakamega County since the gazettement.
Artisanal miners in Taita Taveta County are in a different situation altogether. The list of members of the county AMC constituted through their appointing authorities has been forwarded to the Ministry of Petroleum and Mining but the AMC has yet to be gazetted. When contacted on this issue, one of the reasons cited by the ministry officials was that factions within the mining fraternity have disputed the list of people proposed to be part of the AMC.
Applications for small-scale mining permits are submitted to the Mineral Rights Board through the Mining Cadastre Portal. The platform is meant to bring these services close to the miners but they complain of the slow response from the Ministry of Mining. They must travel to the ministry to submit the paperwork even after uploading it onto the portal. Access to a stable internet connection is also a challenge in the remote areas of Taita Taveta and Kakamega while some of the small-scale miners lack the capacity to use the online system. Most have to travel to the Ministry’s offices for assistance or else hire someone with the skills to undertake the work for them, rendering the application process both tedious and time-consuming.
The ministry has not undertaken any capacity building and shows a lack of commitment to make the system more efficient and user-friendly. The biggest hindrance, however, is the low budgetary allocation made to the Ministry of Mining, which leaves the staff with limited options in their efforts to serve small-scale miners.
The stated goal of the Mining Cadastre Portal is “to provide an electronic platform for all stakeholders in the mining sector in Kenya to engage directly with the Ministry of Mining.” Existing mineral rights holders (those with mining permits and licenses for mining) or those with pending applications can download, complete and upload the requisite documents. Prospective mineral rights holders can also submit their particulars and other supporting documents through the portal.
The portal is also a one-stop shop for information on mining activities in Kenya. It has a cadastre map of the key areas with mineral resources, as well as details of licence holders, and on-going applications; a click on any part of the map automatically displays the existing information about that specific geographical location.
For artisanal and small-scale miners (ASMs) in Kakamega and Taita Taveta, the portal has had a significant impact on access to public information on mining in Kenya. But the portal also has its limitations. Mining is a highly skilled sector that requires high levels of expert knowledge. Some of the requirements on the portal are beyond the scope of knowledge of most gold and gemstone miners in Kakamega and Taita Taveta. For instance, the portal requires a miner to take the coordinates of the area for which they are applying for a permit. This requires equipment that is typically used by geologists and land surveyors and that is expensive to hire or purchase. A sketch of the area or locality where the miner intends to undertake extraction is another requirement, a very sophisticated process that miners in general cannot undertake on their own.
Lack of knowledge and expertise coupled with lack of access to the internet, or even computers, therefore leaves the small-scale gold and gemstone miners unable to fully exploit the portal.
Aside from these limitations, however, the Kenya Mining Cadastre Portal has been a game changer when it comes to eliminating brokers from the mining sector and it has proven to be a more efficient system than the manual issuing of permits and licences
For instance, unlike the manual system that had no clear guidelines regarding payments, all fees due to the ministry are clearly indicated on the portal and paid directly to the ministry through a cashless system. Moreover, as the portal has centralised all the country’s mining information, cases of loss or manipulation of files or documents have reduced significantly.
The gold and gemstones that are mined in Kakamega and Taita Taveta are exported out of the country with or without any value addition under the provisions of the Mining Act of 2016 which require an export permit from the Cabinet Secretary the application for which is made on the Mining Cadastre Portal.
But while the law on the issuance of mineral export permits is sufficiently detailed, its implementation is the biggest challenge and I have no doubt at all that gold and gemstones are imported into and exported out of Kenya without any form of declaration. There are many routes along the porous Kenyan boarders through which the minerals can slip in or out of the country.
For instance, most of the gold that is mined in Kakamega is taken to Uganda by road undeclared. How can this be remedied, especially for gold and gemstone miners who want to run a clean business? Also, the process of implementing the gold refinery centre in Kakamega and the gemstone value addition centre in Voi remains pending. If the sector is streamlined, then the issue of traceability of gold and gemstones will be resolved and the mineral export licence will be of value to the artisanal and small-scale miners in the sector.
The article is done with support from Diakonia Kenya Country Office under the Madini Yetu Wajibu Wetu (Our Minerals, Our Responsibility) Project. Views expressed in the article are those of the author.
Sustainability Is Key in the Management of Natural Resources
For mineral wealth to have a positive impact there must be transparent policies, reasonable public regulation, commodity flows and sustainable and varied production systems.
Natural resource wealth has massive potential and can hugely impact the economy of a country. The natural resource sector and more particularly the petroleum and mining industry is distinguishable from other sectors of the economy in that ventures in this sector are high-risk and prone to failure if not competently undertaken. Moreover, resources in the sector are typically immovable and must be exploited on the site of their discovery.
Being exhaustible and non–renewable, these resources call for prudent exploitation and management that must also factor in intergenerational equity. And unlike other industries, the exploitation of natural resources is community-based, in the sense that the activity takes place inside communities, providing opportunities for conflict as the business pursuits of an investor threaten the general welfare of the community.
Despite the lucrative nature of the sector, it comes with a number of challenges. Learning from the many countries that have experienced the “resource curse”, it is imperative that from the outset, the following issues are taken into consideration if at all a country wishes to progress and develop through the proceeds of its natural resources.
First, a country endowed with mineral resources should always plan to diversify its economy using the proceeds from its mineral wealth. This is done to avoid the Dutch disease and to ensure that the economy can withstand shocks caused by fluctuating prices. Venezuela and Nigeria are two countries that experienced economic recession due to a fall in the price of oil.
Second, while mineral exploration and production automatically comes with a high pollution risk, there is need take contingency measures to mitigate any such damage. Deliberate steps need to be taken to avoid the Niger Delta situation where land has been so degraded that the cost of cleaning up is estimated at £900 million.
Third, the phrase “resource curse” arises from the many cases where the discovery of minerals has resulted in retrogression instead of progress for the communities within which the commodity has been found. More often than not, these host communities experience conflict when the expected benefits are not realised, sometimes because of unrealistic expectations but more often because of corruption. It is important for investors and communities to engage from the outset, ideally with the government facilitating the process. Increasingly, however, civil society and religious organisations are stepping in to fill the gap left by unresponsive governments.
It is clear that natural resource wealth can provide opportunities for countries to improve the living standards of their people and can positively impact the development of nations. Indeed, it is a commonly held belief that nations richly endowed with natural resources are more advantageously positioned to shape the economic, physical and social aspects of their development than those less endowed.
However, the paradox of plenty has been the subject of extensive research by scholars and practitioners precisely because many resource-rich countries are associated with increased poverty levels, civil war, reduced economic growth, greater inequality and social injustice. This is because of a lack of goodwill to develop other sectors of the economy that are not necessarily dependent on natural resources, among other factors.
There are however, countries that can be cited for having taken off successfully. Norway, one of the world’s richest economies, and Botswana, one of the largest producers of gemstones, have both clearly demonstrated how natural resources can be harnessed to foster development, build the economy and generally improve people’s livelihoods.
Conversely, countries like the Democratic Republic of Congo, with its has huge deposits of natural resources including cobalt which is highly sought after and is of great economic value, and Angola, with its vast reserves of natural gas, are examples of how resources can come to be regarded as a curse due to the civil wars, conflicts, under-development, low GDP, and the many other problems associated with these nations despite being resource-rich.
A number of academic studies also suggest that natural resource wealth slows down the economic growth of a country. This narrative is however challenged by countries like Singapore, the United Arab Emirates and Taiwan which, despite being modestly endowed, have invested the revenue from their limited natural resources in the areas of education and research, have strengthened their policy and legal frameworks and institutions, and established parameters for advancing wealth creation and multiplication, as well as savings for the future generations.
Many theories have been advanced in an attempt to explain the resource trap in mineral rich countries. However, none of the hypotheses advanced has identified the root cause of the paradox of resource abundance. This is because, by themselves, natural resources cannot be classified as either a curse or a blessing; they are opportunities that prudently exploited can jumpstart an economy and bring long-term fiscal benefits to a country.
Unfortunately, a majority of resource-rich countries are anti-democratic and have opaque policies and institutions. Predatory governance, greed and corruption often lead to the signing of secretive and exploitative production contracts that only benefit the investing multinationals and their countries of origin.
However, there are many tried and tested strategies and approaches that have resulted in strong economies with stable and functioning governments. For mineral wealth to have a positive impact and be a blessing there must be transparent policies, reasonable public regulation, commodity flows and sustainable and varied production systems.
A good example is the resource-rich state of Alaska in the United States where 9.6 billion barrels of oil were discovered in 1969. That year Alaska collected US$900 million from the oil lease sales but all the money was soon squandered. Worried that money from the oil resources would go to waste and benefit just a few, Alaskans voted to have the proceeds spent on state development.
Seven years later, and with infrastructure development largely achieved, a public vote established the Alaska Permanent Fund through a constitutional amendment. The fund was designed to receive at least 25 per cent of the oil revenue and in 1982 a dividend programme was added to the fund. The sovereign wealth component promotes and ensures intergenerational savings while the dividend fund ensures that all residents of Alaska enjoy the fruits of their natural resources by receiving annual dividends in the form of cash transfers. Since the first deposit of US$734,000 was made in 1977, the fund had over US$64 billion dollars in 2019 with each resident of Alaska receiving US$1,606 in dividends that year.
From the example above, it is very clear that a country can truly develop using its natural resource wealth. One of the ways in which it can do this is by securing tenure rights to natural resources through regulations that determine who can use the natural resources, for how long and under what conditions. Tenure rights clearly specify the expectations of each stakeholder with regards to their roles and, importantly, the role that the hosting communities are going to play during the entire period of the extraction of the resource.
Contract transparency is another way in which good governance can prevail in the extractive industry. Resource extraction contracts signed between the host governments and the multinational companies should be made public to provide general information to the public and ensure transparency, scrutiny and accountability.
There are countries, like Ghana, that support the idea of contract transparency as a fundamental principle in managing their extractive industry, but many nations have not fully embraced the idea of contract transparency for fear of sparking public outrage and also to conceal the information for personal gain. Through contract transparency, everything that is in the contract is laid bare and the specific expectation from every stakeholder is made public. This promotes good governance and transparency and also ensures that the benefits trickle down to the community level, promoting sustainable development.
Creation of a strong regulatory and institutional framework is also another way of ensuring good governance in the management of natural resources. The legal or regulatory framework can either enhance or inhibit development in the extractive industry and there is no template for what needs to be done in order to ensure a strong legal and regulatory framework. Each country has a unique opportunity to come up with its own tailor-made legal and regulatory framework that works for it and this involves developing laws and regulations that address specific issues in the industry while at the same time safeguarding the interests of the communities and incorporating international best practices.
Having competent and functional institutions to implement the laws and regulations is another important step towards ensuring good governance in the management of the extractive industry. For the enacted laws to be effective, they must be implemented by institutions that are proactive and competent. Narrowing the implementation gap by ensuring that what is happening on the ground is in tandem with the provisions of the law is one of the critical roles of functional institutions.
A strong civil society can help in ensuring good governance in the management of natural resources. Civil society organisations provide information and have the moral legitimacy to set the resource governance agenda. They can help to democratise power in resource management, and can work to keep other resource governance actors like governments and companies accountable. The civil society plays many roles, among which is the monitoring role, where it ensures that all the state and non-state actors play their role effectively in the management of resources and, more importantly in monitoring and ensuring that benefits are realised at the community level. They also help in highlighting corrupt practices in the industry and non-adherence to the internationally recognised practices guiding the extractive sector. Civil society organisations also have a role in representing the views of ordinary citizens on issues of national importance, in this case the extractive industry.
Lastly, civil society also plays a role in setting the agenda to ensure that the interests of the public in general, and development, are given priority. According to the Institute of Global Environmental Strategies Report of 2007, governments are increasingly involving local communities and non-governmental organisations in the management of natural resources. The ways in which the different stakeholders are involved varies. In involving different stakeholders, the governments broaden the scope of engagement and possibly minimise the chances of achieving a negative impact, reduce conflict and increase efficiency in resource management.
And finally, natural resources cannot be discussed without mentioning the environment. In an effort to benefit from the natural resource wealth while dealing with environmental issues, the following principles should be considered: All decisions made must be anchored in best governmental practice in order to ensure best practice in perpetuity. Resources must also benefit communities away from the resource as the impact of pollution may be felt away from the immediate location of the activity. Where there is no scientific evidence of possible impact, an investor should provide contingency measures and where such evidence of possible impact on the environment exists—usually through an Environmental Impact Assessment—an investor must formulate measures to avoid harming the environment and a polluter must sufficiently compensate for harm caused. We must give future generations the same opportunity to have access to a healthy environment that we as a generation have been given.
The article is done with support from Diakonia Kenya Country Office under the Madini Yetu Wajibu Wetu (Our Minerals, Our Responsibility) Project. Views expressed in the article are those of the author.
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