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The Ones Who Are, But Don’t Exist: Being Nubian, and Kenyan

14 min read.

It is so absurd, to the extent that without an ID, one cannot legally die, which is what happened to my father. He does not have a death certificate because he did not have an ID. The state neither recognized his life nor his death – he never existed.

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The Ones Who Are, But Don’t Exist: Being Nubian, and Kenyan
Photo: ACNUR/G.Constantine
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When I was in high school, one of my uncles asked me if I had a boyfriend. It was a typical question that many of our parents or relatives ask at this rather awkward period of our lives. The conversation remained a playful exchange until my uncle got really stern and told me this: “Before you get into a relationship with someone, make sure they have an ID.” At the time I thought that remark to be rather odd, and didn’t know what to make of it. I dismissed it with the thought that maybe he was under the influence or maybe it was just a recommendation that adults give based on their personal bias such as “make sure they are God-fearing.”

I never thought much about national identification cards until it was time to get my own. I had never heard of any odd stories around securing this document, the legal evidence of initiation into adulthood. My cousins and older friends before me had had a fairly easy time, so I never imagined that it would be an experience that would change my life forever, or one that I would be writing about five years later.

The beginning

On the morning I went to apply for my ID, my mother, a very organized person, had prepared a folder containing the documents that were required by law. We went to the chief’s office – a walking distance – chatting and laughing as she teased me about what “adulthood” meant. We got there and there were a few young people, so I went in, oblivious of what would happen. My mom seemed a bit nervous but I was very excited. I was thinking of all the things I would be able to do; drive, travel alone, go out dancing, drink… She gave me the documents and I went into the application room, not knowing that I would come out a different person.

My father had died in 2007, seven years before I applied for my ID. I was aware that one of the requirements for the application process was copies of your parents’ identification cards and my birth certificate. The folder had a copy of my mom’s ID and my birth certificate. My father’s ID was not there because he didn’t have one.

When the chief asked me about my father’s documents and his ethnicity, I didn’t know what to say, because I was unprepared for any kind of interrogation. Actually, I didn’t even think that I was going to interact with the chief in any way. I had expected to be given forms, fill them, have my biometrics taken and go home in time for lunch, with my interim ID in hand. I called my mom into the room and had to witness her saying that my father never got an ID after decades of applying, because he was a Nubian and somewhere along the way, he gave up. In that moment I was being exposed to this kind of alternate existence that had not been a part of my reality but would affect how I saw everything from then on. For so many years, my mother had hoped that by the time I was applying for this document, that things would have changed and that I wouldn’t have to go through the humiliation that she witnessed my father go through for so long. She tried to explain the situation to the chief, but he dismissed her by saying “all foreign tribes must be vetted…huyu itabidi vetting.” (She will have to be vetted). The walk home was silent and heavy. My mother was teary and I was quiet.

Nubians were brought to Kenya from Sudan in the early 1890s to serve as soldiers in the British army under the Kings African Rifles, first during the building of the Uganda railway and second, in the First and Second World Wars. The British denied the Nubians the freedom to return back to Sudan after demobilization, and then categorized them as aliens, a label that has since been perpetuated by consecutive post-independence governments. Because they weren’t allowed to go back to Sudan, the British allocated the land that covers present-day Kibera to the community to settle on, but their status as “aliens” has meant that there can never be any legal documentation to show that the land in Kibra is, to my generation, Nubian ancestral land. This, in turn means that the state can and has refused to legitimize the rights of Nubians, keeping them in a permanent state of stagnation, which benefits powerful elites.

My father was Nubian. This label didn’t mean much to me in the sense that I never thought that being Nubian would shape my lived experience in any significant way. I just thought I was just a child, a person, a Kenyan. Outside of my grandmother’s house, this Nubian identity was basically an inconsequential part of who I was. Growing up I just found it strange, fascinating and finally tiring when people would ask me if Nubians were Kenyans, having never heard people asking Kikuyus or Kambas whether they were Kenyans. With my limited view of the world I just thought it was a game of popularity, like how we had the popular guys in school, who everyone knew, and the ones who were not so popular, but were still part of the school and still enjoyed the structural providences. So, Nubians, like the Mbeere and the Pemba, were just few in number and perhaps not well known, and my assumption was, even though these groups of people lacked social capital and recognition, they very much enjoyed all the rights that all other Kenyans enjoyed.

I did not know what vetting was or what it entailed in this case, and frankly, I had never heard of it. The chief had given us a piece of paper, on it, a list of documents that I was to produce to prove I was Kenyan enough for an ID. The list absurdly demanded that I bring; copies of my grandparents’ (dad’s parents) identification cards, my father’s death certificate, primary school and high school transcripts, my immunization card, and most surprising of all, a copy of the ID of our building’s caretaker, accompanied by a signed note saying that he knew me and that I was resident in the building I claimed to live in, for an extended period of time. There was also mention of appearing before a ‘council of elders’ and paying a fee to a magistrate.

By then, I had figured out that what I was being subjected to was not standard procedure, but an act of institutionalized discrimination. I had been asking my friends about their experiences, and they all seemed to have flawless experiences. Most of them praised the government for “making the process easy.” On the other hand, my Nubian cousins weren’t even trying to get IDs. They already knew that hurdles were too great.

To the government, it was clear that Nubians were not human, because to be human is to belong. “At the age of 18, your life as a Kenyan stops” one Nubian youth from Kibra lamented. “It is only when you apply for an ID card that you realize you have been living a lie. This country does not want you, and the years you have spent here are all a farce.” Without an ID, one cannot register their sim card, therefore access to M-Pesa or any other form of mobile banking is impossible. One cannot vote, cannot access government buildings, cannot obtain a passport, cannot apply for jobs, higher education or even acquire a driver’s license. It is so absurd, to the extent that without an ID, one cannot legally die, which is what happened to my father. He does not have a death certificate because he did not have an ID. The state neither recognized his life nor his death. In the eyes of the state he never existed. To me, this is what statelessness truly means. The right to live and the right to die and the right to belong are taken away, without being granted in the first place.

Proving my humanity

Nubian youth today go to great lengths to get a chance to even apply for their identification cards. Many lie about belonging to other tribes, mostly the “popular ones,” many save up in order to afford to bribe officials in the many different offices they will likely have to go through. All this because the Kenyan state gets to play a game of the politics of exclusion and inclusion, who is “in” and who is “out”, but these acts have real implications to real people whose lives begin to be defined, first, by statelessness before they can claim to be anything else.

I have a great uncle, who by several untruths, social connections and stubbornness, was able to obtain an ID many years ago. His single ID caters to every official need that people in the family may have. Any dealings with the Kenyan government and he’s your guy. People depend on his vote to speak for many. Many M-Pesa transactions go through him. He takes people’s children to school; his bank account is basically communal. So this uncle’s details are the ones outlined on my father’s burial permit. The one legal document that bears my father’s names is his burial permit, written in my living uncle’s name, with my uncle’s ID number.

Back to my application for an ID. On the day that I returned to the chief’s office, I wasn’t hopeful. I wasn’t excited. I was dreading the humiliation of having to prove the only nationality I knew, in front of many people. I went with all the documents that had been demanded for the vetting process, except the death certificate which didn’t exist, and my grandparents’ IDs which also didn’t exist. Standing there, being talked down upon and ridiculed, all I could think of, strangely, was the caretaker. I had spent the week chasing him all over the estate. Once I explained the reason why I needed his help, he became too busy, an act he put up in order to get a bribe out of my mother and I. Being a heavy drinker, he always asked for “pesa ya kachupa”. I always said I didn’t have the money. Then he would get angry and tell me to look for him the next day. This went on for a couple of days until he finally gave me his ID which I photocopied and the next day he wrote a brief note, signed it and I attached it to the copy of the ID. The day I was going back to the chief, I met him at the gate, sober, telling me that he knew the chief. I didn’t know what that meant, but I saw my mum giving him a 200/- shilling note. Standing in front of the chief, I now knew what he meant. He could unravel this whole process just by his word of mouth. I felt so small and dispensable, like my life was hanging in the hands of these men who had more citizenship than me.

The chief sent me home, and as I was walking back, I was trying to think of all my family members; maybe I have lawyer cousin that I didn’t know about? I needed a lawyer, and I knew legal fees were expensive. See, the chief said the documents were insufficient to prove anything. The caretaker’s note was there, my mum even managed to find my immunization card, all my transcripts up to my final year of high school were there, but he said that the documents that were missing were the most important. So he advised that I seek the services of a lawyer in which I would swear an affidavit that my father died not being a citizen of Kenya, and that I was aware of this and was ready and willing to take the ID using my mother’s details only. This was to me, a protest to my protest. Here I was, trying my best to prove that I belonged, holding on to everything I knew about myself, but being told that I am not who I know I am, my life being unraveled, in an embarrassing and truly heartbreaking manner.

When I was turning 10, a year before my father died, my mom threw a birthday party for me. Till this day, even in the pictures, I have tears in my eyes because my dad couldn’t make it. I wanted him there so bad. He was my dad. Here I was, at 18, being asked to erase his existence in order to exist myself. I couldn’t process it. I just couldn’t. I always want him to be with me, and my country was asking me to wish away someone that I was part of who I was because of the favor of belonging; of legally obtaining the Kenyan identity.

My mum wanted me to get the process done as soon as possible, because like any mother, she wanted to see my life moving. You don’t realize how hot Nairobi is during the dry months until you have to walk up and down Argwings Kodhek Road looking for an affordable lawyer. Luckily my mum remembered one of her friends from church who was a lawyer. She got his number from his wife; we called him up and were able to locate his office just before 3pm. We explained everything, and while he was baffled, he prepared the affidavit and I signed it soon after. I was soon back home but I was wondering if all those feelings were worth the trouble of trying to be a Kenyan.

I have heard stories of Nubians today only being allowed to apply for IDs on Tuesday and Thursday from 9am -1pm on each day, with only three government officials serving thousands of young and old Nubians. Other people from other tribes can apply on any day at any time that falls within the business hours. My father’s mother has been sick for decades. She had a growth in her abdomen that requires very specialized and expensive care. She doesn’t have an ID, therefore she can’t access insurance services. She knows she is in pain because she doesn’t possess any form of proof of citizenship. Hearing about this time that has been set aside for Nubians to apply for identification cards excites her, and she is happy at the prospect of more of her people being recognized as Kenyans and participating in society. She does not know that this process is just an extension of the injustice orchestrated by the oppressor, because the person who denies you your humanity cannot turn around and give it to you in small doses at their own convenience and by their rules. It is false and inhumane for a part of the population to be made to feel like their access to human rights is a favor and the little attention they are given, a privilege.

Where life stops

Like other Nubians, my uncle, the youngest of four sons, married outside of the Nubian tribe, hoping that this would mean that his children would have better chances of legal belonging. Creating a situation where people would rather marry outside of their tribe so that their children may have a chance of legally existing, is by design, ethnic and cultural genocide. My uncle was in a relationship with a woman from a different tribe, with whom he had a child and lived together. The girl was hiding her relationship from her family because of fear of their disapproval. Unfortunately, one way or another, her family found out and they forcefully removed her from my uncle’s home and took her, and the child, back home. Their reasons were that they had heard that Nubians are lazy; they sit around all day, without jobs and at the risk of deportation because they are not Kenyans.

A couple of years ago, another of my uncles, a father of three sons, was suddenly left by the mother of his children. She was frustrated by his lack of a steady income. She left him with the children, and we received word that she was married elsewhere. He would die two years after, because of lack of access to proper healthcare. He died still waiting for his ID application to be approved so that he could apply for insurance.

My uncles’ stories are testimonies of real life consequences of the evils of the state. This lack of legal identification affects more than just the one individual seeking the document. Many Nubian people are not able to provide for their families. They are left feeling that they are not doing right by their spouses, their children, and themselves. The situations that Nubians find themselves in are locked in by helplessness and despair. It is not my uncles’ faults that they are not able to even have the opportunity to have steady sources of income. When I see Nubian men, young and old, seating around their houses, playing draughts, I see men whose ability to affirm themselves has been taken away. So they carry their politics in their bodies. They talk to exist, to pass the time and fill the void of uncertainty. They talk, therefore they are. When I see my uncles, I don’t see ‘lazy, unmotivated’ people, which is a dominant narrative about the Nubian people. This stereotype is, behind the scenes, advanced by the difficulties faced in obtaining identification. When you don’t legally exist, legally love, legally die, when you don’t legally belong anywhere, it is easy for narratives about you to be formed and advanced by the people who belong. They have the voice, you don’t.

On the day that I was to pick up my ID, I was nervous about being turned away. It had been a couple of weeks of back and forth. After the humiliating vetting process where one man on the council tried to get me to sing the national anthem in Kiswahili, I just knew if I had to go through one more hurdle, I’d weep and probably just give up on the process all together. As I was standing in line, I thought about how I was being forced to basically denounce my father in order to be a ‘real Kenyan’. I wondered if that was the price I had to pay, and if any of it was worth it.

When I got home, I showed off the new shiny plastic proof that I was a human being worthy of being seen and heard to my mum, my cousins and my aunties. They were very happy. Getting this little thing was such an achievement and they all congratulated me for “keeping steady”, “staying strong” and “doing all it takes.” An outsider listening in might have genuinely thought that I was participating in a vigorous Olympic activity. And isn’t that absurd? I was just trying to drive and drink and party, and perhaps vote. It’s absurd. Every time I look at my ID card I feel like I am looking at the absurdity of it all. I hate being in situations where I am asked to ‘show ID’. It’s traumatic because it’s a symbol of the humiliation and the pain, and it hurts even more thinking of all the young Nubians who do not have the loopholes that I had, like having a mother of different ethnicity, or having gone to a national school which somehow made my transcripts more credible.

My grandmother is very happy that I was able to get an ID. She says that I should thank God for my mother, that I should be happy that I can participate in society, legally marry and legally die. When I go to visit her in Kibra, I pass the mosque at the corner, the children playing in a small open field next to a pile of garbage, the old men seated outside seemingly staring at nothing, the young men playing draughts next to the women painting beautiful henna patterns on each other. Sometimes I am unable to figure out if the glint in my eyes is my tears, or the glare from the shiny new apartments being put up by private developers, shiny like my new ID. I am lost to the realities of this place, Kibra, where people exist but not really, where nobody in the real Kenya knows the young men seated outside playing draughts are waiting for casual labour here and there, and the old men are seated in silence because there is nothing left to say, they have been talking about the same things for generations. My grandmother’s house is no longer a place where I excitedly go eat ngurusa and spicy beef while listening to taarab and her long stories. Now, it is a place where “real” life stops and everything happens day to day, because there is no security in thinking of the future. The future is a luxury left for ‘real’ Kenyans.

I have lecturers who, when I talk about Nubians in class, will still ask me where “these people” are from. There are adult Kenyans that don’t know the existence of Nubians in Kenya. During the census, we are grouped as “other.” Sometimes with my generation, when I say I’m Nubian, it is taken as a celebration of “blackness” and “authentic Africanness” because the word does not resonate as an ethnicity but as a label used to celebrate dark skin, kinky hair and non-European features. With my mum’s side of the family, my Nubian-ness is seen as the latent threat that may erupt one day and deny me opportunities that would have been accessible to me had my mother fallen in love with a person from the “right” tribe. On my dad’s side, my Nubian-ness is the thing I rejected, so much that I denounced my father’s involvement in my life – his entire existence – and took an ID claiming to only be my mother’s tribe. For me, it is the arrow in my heart. It does not pierce, it will not come out. I can feel it there, a constant reminder of a feeling I want but don’t know how to get, a feeling that I have but can’t seem to get rid of. It is my baptism by fire, my lens through which the world began to make sense through pain and contradictions.

To belong, and claim identity, in the Nubian Kenyan context, is to have privilege. It means that because you belong, you have the luxury to dream, to hope, to love. It means that you can participate in conversations around higher education, politics, health care, insurance, life, death. It means that the justice process is accessible, it means that you can live naturally as a human being, able to fully participate in choice, building community and that the possibility of dignity is a reality that is available. My uncle’s main concern that I end up in a romantic relationship with a person who has a national identification card was his way of taking care of me. It was his way of saying that he wanted me to have a chance at hope, at dreaming, at living as a person free of the complexities and humiliation of alienation.

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Kedolwa Waziri is a writer and a student of dance and literature. Her work lives at the intersection of social justice, art and feminist politics.

Reflections

Reflections of Githeriman in the Age of Coronavirus

There is a world of githeri people living at the bottom of Nairobi’s urban existence, homeless or living in squalor. But the existential threat posed by the COVID-19 crisis has revealed that all our fates are intertwined, we are one, and the world has to acknowledge their existence as people, as human beings and not simply as labour, voters or markets.

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Reflections of Githeriman in the Age of Coronavirus
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The Government of Kenya’s hollow but public relations-savvy response to the coronavirus crisis has been wanting. The control initiative began following the appointment Cabinet Secretary Mutahi Kagwe to the Health Ministry in late February 2020. As the growing number of confirmed COVID-19 cases resulted in a worldwide pandemic, hysteria and public restrictions, the Health CS issued sterner directives that included fines and the threat of a jail sentence against those who failed to adhere to self-quarantine.

On the ground, however, there are signs of disorder. There have been reports of healthcare workers, unable to secure even the most basic face masks, judiciously scampering to safety at the sight of potentially infected patients. Nurses at the Mbagathi Hospital, which is serving as one of the designated national isolation centres, staged go-slows protesting lack of adequate training and protective equipment.

On 25 March the government announced a dusk-to-dawn curfew as a public control measure. On the first day of the curfew, on Friday 27 March, Kenyan citizens caught in the disruption of public transport as they tried to make their way home, met with police violence. Given an opportunity to show heroism, the administration was instead overwhelmed by its true nature, revealing its malevolent villainy. Two hours before curfew, police officers pounced on the unsuspecting public at the Likoni Ferry landing, unleashing indiscriminate brutal violence on women, old men, children and labourers trying to get home. This was only the beginning.

As the night wore on, video footage of the violence meted out on the public by the police—including footage taken by the police themselves—flooded social media. Public floggings of even those workers providing vital services that the government had exempted from the curfew—such as food delivery—were rampant all across Kenya. On the fourth night, a 13-year-old boy, Yassin Hussein Moyo, was shot dead by a police officer while standing on the balcony of his family’s apartment.

The bungling and ineptitude of the COVID-19 response by the Kenyan government has revealed that that which we are socially conditioned to call “our government”—that presumes a complex, omniscient and omnipotent establishment—is in reality dysfunctional. The coronavirus is revealing the truths of all levels of our incorporeal reality: our ideological system, our hegemon, our economics, our institutions and even our individual beliefs.

Sitting in Nairobi’s Eastlands, social distancing has turned out to be a cruel joke during this entire fiasco. It is an attack on the last human community we have. The one we were compelled to form after British colonialism took away our clans, our villages and our land; dumping us on that concrete public transport intersection called the city. The last human front is our neighbour.

The success of the British colonial enterprise in atomising our African societies in order to dominate us, by secularising our values and inculcating individualism into us, left us completely unable to defend ourselves against not only European aggression and plunder, but also against all predation. We have no defences, not just against economic predators like China but now apparently also against non-human threats like pandemics. “United we stand, divided we fall” is not a saying, it is an aphorism.

The colonial administrative infrastructure that was implanted by imperialism, disrupted and replaced our nuclear and extended families, our clans, our villages and our tribes through the systematic erasure of all avenues of communal bonding. Tribal social rituals were banned and children were separated from their families and herded into “Church Missionary Society”-run schools for re-education. Entire villages were condemned to concentration camps during the years of emergency. The colonial government, under whose auspices these violations took place, revealed itself to be nothing more than a policing infrastructure. The ideals of nationhood, property, healthcare, education all polydactyly, dysfunctional malformations masquerading as fingers. The Government of Kenya does not have a clenched fist, for a clenched fist could one day hopefully open into a gentle palm; it has a bludgeon.

We do not know our neighbours. Well, at least not intimately. We form extended families of convenience, to survive the harsh economic edge of these concrete jungles, but now capitalism has come for even that relationship.

Now everyone, including my neighbour, is a potential threat to my survival and that of my family. We are being compelled to teach suspicion and mistrust of even our neighbour’s children to our children, because how do you explain “social distancing” to a six-year-old boy? Children comprehend absolutes, not relative relations.

Meanwhile Twitterati elites with refrigerators choking with supplies frothed at the mouth, endlessly calling for lockdown. It is “us”, the hoi polloi who live in the bowels of the city—in Dandora, Mathare, Kawangware, Kibra—that the Twitterati elites are demanding that the government lock down.

Us, the Twenty-shilling Githerimen

As I read their tweets, I remembered a moment two years ago when an old man walked up to my friend’s food stall outside a Mosque in Dandora, a working class residential neighbourhood located next to Nairobi City’s garbage dump site. He politely asked for 20 shillings. What for? To buy githeri (a mix of boiled maize and beans). He had not eaten in two days. A plate of githeri was all he needed to get him through the day and night, and he could not afford it. From a position of privilege, many cannot perceive the economic value of 20 shillings nor imagine the economic microcosm in which it can have value, let alone how a man can be incapable of raising it. The Twenty-shilling coin is one of those irritating bits of loose change that we dump in the cup holders of our cars and use to pay parking boys or get rid of persistent beggars. Many do not consider the actual value of the coins; they are only good for handing out as small tips around the city.

Where was his family? His brother? His sister? His children? It is much easier to profile him as a drunkard. The only feasible rationale for not possessing 20 shillings is that he must have drank it all. Or that he must be a loser who he didn’t work hard, didn’t save, didn’t invest in his future, didn’t apply Robert Kiyosaki’s Rich-Dad Poor-Dad Cash-Flow Quadrant. Alternatively, he is profiled as a wife beater who terrorises his children. A man with no source of livelihood, no land title loses his identity. When he can no longer work, he loses his worth in an individualistic capitalist society and is reduced to begging for survival.

During the 2017 general elections, a man queuing to vote while eating his githeri from a polythene bag had the Kenyan middle class tickled no end. Plucked from obscurity, Martin Kamotho (The Githeriman) became an overnight sensation in a bizarre reality-show complete with media coverage. A few months later, he fell from grace, shamed as a man who had returned to his old alcoholic ways.

The old man who came looking for help at the food stall didn’t have the good fortune of random events conspiring to turn him into an overnight national sensation. He and millions of other githerimen, women, children and families remain unseen, invisible to the middle class. There is a world of githeri people living at the bottom of Nairobi’s urban existence. They are homeless or living in squalor. At night they sleep on the pavements outside buildings along River Road and Juja Road, along the hidden river beds of Ruiru, under bridges in the city, any nook or cranny that a man can fit into to shelter from the rain. They are invisible only because their humanity has been denied.

The world may be deliberately blind to what it owes them but it sees them very clearly when it has something it wants to take from them. Politicians rally them to harvest public opinion, corporate CEOs reiterate their value, echoing C.K. Prahalad’s The Fortune at the Bottom of the Pyramid: Eradicating Poverty Through Profits. Safaricom PLC, a leader in mining this fortune, it is said, experienced a 400 per cent leap in traffic when it introduced the twenty-shilling scratch card. Therefore, capitalism’s blindness is not congenital; it conveniently perceives only what is profitable unless compelled otherwise.

But those were “normal” difficult economic times, when 20 shillings was hard to come by, compared to the present reality of a society careening uncontrollably towards political and economic devastation. We are all hurtling towards our nadir at a sustained pace, oblivious to the oncoming apocalyptic rapture. This existential threat has revealed that our fates are intertwined, we are one, and the world has to acknowledge our existence as people, as human beings, and not simply as labour, voters or markets.

Public intellectual David Ndii has proposed that, in the wake of the restriction of movement, the socio-eonomically vulnerable should be allowed to flee the urban jungle to their rural areas as a means of decongesting the city. But many cannot even exercise that option. Capitalism in Kenya has now evolved into the dystopic future described by H. G. Well’s 1895 classic, The Time Machine. We now have a steadily growing population of Morlocks, generations of parents and children born in the bowels of the city who know no other home and have nowhere to run.

Capitalism and imperialism have hollowed us out completely. The destruction is almost irreparable. Capitalism has wreaked devastation on us all as a society in addition to the poverty of kinship brought about by the secular individualism of our social lives. Capitalism has pushed us into gaping chasms of economic disparity not only among the social classes but among members of a single family. I distinctly remember the collective gasp when the media revealed the poor dwellings in which the brother of the former President Kibaki’s lived before he died.

Individualism undermines, directly and indirectly, the purpose and synergy of every possible group formation: filial, commercial and political. And, therefore, it undermines the very existence of society. If man by nature is a social animal, individualism is not just directly antithetical to his nature but is also pernicious.

Capitalism, it is already apparent, is incapable of organising itself for the well-being of any living creature or ecosystem, let alone its primary host—man. The presumed most powerful man on earth, the President of the United States of America, was ineffectual in procuring basic medical equipment or in organising his government to respond to the pandemic. Democracy and it’s ruling class have been revealed to be nothing but enablers for capitalist extraction. Everything we have been taught about modern life and purpose has proven to be not just false, but insidiously detrimental to society and self.

There is global consensus that it is time to rethink both our social and economic system generally. But for Africa it is time to go even deeper and reconstruct our basic social structures, our bonds of kinship.

During the Ebola crisis in West Africa, afflicted and affected people were completely dependent on their families for care. The same happened throughout Africa at the height of the HIV/AIDS pandemic.

But in spite of our experience, we have allowed capitalism and individualism to corrode these bonds and units of social cohesion. We only recognise them in times of crisis, because Africa has not developed state institutional infrastructure to compensate for this loss. It is time to reconstruct them from the ground up. And not in some workshop-based imperialist-funded aid agency project, but through an organic socio-political indigenously-driven initiative.

On January 29 2020, Dr McFie argued on a local political TV show, NTV AM Live, that democracy as a political system has failed because it is fundamentally flawed. He asked quite pointedly, where, in what vital productive human enterprise has the democratic process been used to determine leadership? He explained the rigorous process used to recruit business leaders and asked why, in the more important domain of governance, such processes cannot be considered. He then went on to propose that Africa needs to look to its history, to explore for the purpose of adoption, the processes through which people rose to become elders and leaders, to find our way out of the mess we are in.

I would argue that this crisis compels us to go deeper, to reconstruct our families, clans and tribes from the ground up, complete with the layers of leadership at all levels—clan, tribe, nation—upon a cogent set of spiritual beliefs.

We now have no choice.

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Reflections

Coronavirus, Curfews, Corruption and Conspiracy Theories

Despite a curfew and the threat posed by COVID-19, it is business as usual in Kenya. Bribe-taking and beatings by the police have not stopped. And people have resorted to concocting conspiracy theories to make sense of their precarious situation.

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Coronavirus, Curfews, Corruption and Conspiracy Theories
Photo: Unsplash/Glen Carrie
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On Friday, 27 March 2020, the day the curfew took effect, I took a matatu ride to Zambezi, a distance of just about 20 kilometres from the Limuru-bound vehicles’ terminus on Kilome Road in downtown Nairobi. From this stage, you can board matatus going to Acre Ithano (Five Acres), Kiambaa, Limuru, Muguga, Rironi and Zambezi.

President Uhuru Kenyatta had, on 25 March 2019, decreed a 7 p.m. to 5 a.m. curfew countrywide – the government’s latest effort to combat the now really frightening coronavirus disease that could, in one fell swoop, easily send swathes of people to early graves. With a broken healthcare system countrywide, a government that treats its medics badly, the patient-bed ratio in its hundreds of thousands, and a demoralised corps of medical officers, the pandemic in Kenya, like in Italy, Spain and now the US, could be truly calamitous.

I was at the stage by 5.15 p.m. The rush to beat the curfew hours was evident: They were no matatus, so the people, who unusually go home at this hour, waited anxiously. That was already one worry too much, but more poignantly, the matatus had been ordered by the government to ferry half their carrying capacities. So, the 33-seater minibus was now allowing only 16 to 17 passengers, while the 14-seater Nissan shuttles only carried eight passengers. This added unforeseen problem was, to say the least, wrecking nerves.

With this new travel constraint, the matatu crew found a perfect excuse to inflate the fare and take advantage of an already precarious situation. A couple of days before, when the government had decreed that matatus should reduce their carrying capacity to create “social distance”, the matatus had, without flinching, more than doubled their fares. Now with the onset of the curfew, the fare is set to increase even further.

This extraordinary arrangement created a perfect state of anarchy: the rush to leave town, the shortage of matatus, which exacerbated passengers’ anxiety and despondency, and the fear that if by chance you were caught during the curfew hours you would be beaten up by the easily excitable paramilitary squad deployed by the state or by the overzealous police.

My tout friend reminded me, matter of factly, that it had been a long time since the General Service Unit (GSU) police had been unleashed on the streets, and they, therefore, were itching to break some ankles and elbows and trample on people’s heads with their boots. And perhaps even kill one or two Kenyans.

My tout friend, who was once a street boy who grew up in the roughhewn of Nairobi’s central business district, where he had been beaten and harassed by the police, knew exactly what he was talking about. The GSU, it soon emerged, in their over-enthusiasm to follow and implement government orders, not only broke ankles and elbow bones, they beat people with sjamboks (blood-drawing whips used by the infamous Boer police on the black masses at the height of the anti-apartheid resistance). In the process, the police killed a boda boda rider and two other Kenyans.

Passing through Westlands, we met a mass of humanity trekking to Kangemi, Kihumbu-ini, Mountain View, Sodom, Uthiru and Waruku. The conductor told me the fare to any of these places from Westlands had shot up to Sh100. (On a normally day, it is Sh30.) The choice was with the commuters: to cough up the Sh100 or walk.

I looked up into the skies and saw that a storm was fast gathering. If by a dint of bad luck, the skies decided to open up then, the people would suffer a double tragedy: arrive home both drenched and tired.

The advent of the coronavirus pandemic in the country has not only threatened to exterminate a panic-stricken people, it has equally conspired to appear at a time of great economic turbulence in the country, which has threatened to wipe out even the little earnings that the people possess.

The trip was uneventful until we reached the makeshift police check that just sprouted in the middle of the road at Mountain View stage, between the Shell and Total petrol stations. The first thing that came to mind was that the police, in their usual style of collecting bribes, would at least pretend to check that the driver and his crew were actually obeying the government’s strict directive. But no. The cop went to the driver’s side where, without wasting time, he quickly “greeted” him (corruption does not recognise coronavirus).

Two thoughts immediately came to my mind: this looked like an illegal road block; the normal road block is usually erected just outside of the Kabete Police Station. Additionally, the recent directive by the government that traffic offences would be henceforth dealt with by the National Transport and Safety Authority (NTSA) meant that there should not be a road block manned by the police on the roads. That rule had not changed, even with the pandemonium over coronavirus.

So what were the police doing on this particular road? The conductor told me that the Kabete traffic police, allegedly one of the most notorious departments in the country, was now erecting the road block as soon as dusk set in. “Tuliwazoesha vibaya, wako na njaa saa yote, na usipowalambisha, hautafanya kazi.” We spoiled them completely (by giving them bribes), so they are always hungry, yet, (the bigger problem) is, if you don’t grease their hands, you will never work.

For work to be done, the police must eat. The conductor said that the police now took it as their right to be bribed. “Let us not kid each other – police corruption is not about to end in a hurry,” said the conductor. He said that the Kabete police, in particular, couldn’t care less if people were decimated by coronavirus: “What they are most interested in is how they will continue to line their pockets.”

On arriving at stage 87, just after Uthiru, all pretence of being extra vigilant on combating the deadly coronavirus was thrown out of the window. At the Nairobi terminus, the conductor had been carrying a disinfectant (basically a mixture of soap and water), which he had sprayed on our hands. Once here, he dumped the can and began looking for passengers.

Women with huge baskets scrambled to board the matatu and snap the remaining seats. “Ithue tutihaicaga ndege.” We don’t board aeroplanes. “Coronavirus iranyita itonga.” The coronavirus is afflicting only the rich, said one woman, who grabbed the seat next to me.

At Kinoo stage, more people boarded the matatu: “Andu no mohaka mainoke…ni turikirara guku”. We must find our way home…I mean we can’t spend the night here, said some drunken fellow.

When we reached the next stage in Muthiga, some passengers alighted. By this time, the exorbitant fare had dropped to its normal rate of between Sh30 and Sh50. The chitchat in the matatu was, of course, about coronavirus. Conspiracy theories spawned by know-it-all dudes kept us busy and momentarily took away our attention from the more serious issue of observing social distance inside the matatu.

Blame the Chinese

“It is the Americans and the Chinese who are engaged in a biological warfare and now we’ve become collateral,” said an obviously drunk passenger. He said that the Chinese were devious and secretive people “You’ve seen them here – short and bossy and will not talk to anyone, unless shouting commands”.

Another claimed that China hoped to conquer the world by unleashing of the viral disease into the now global society. “How come they now seem to have, suddenly, found the cure for it? Coronavirus is ravishing the rest of the world as China, which has gone back to its normal self, now watches gleefully from afar. They have even offered to help Italy and America.”

The Chinese are constructing the Nairobi-Nakuru Road, which has stalled because the government has delayed payments to owners of buildings that need to be demolished to pave way for the expansion of the highway. The highway serves as the transport corridor of goods, from the Mombasa port to Burundi, eastern Democratic Republic of Congo (DRC), Rwanda, South Sudan, Tanzania and Uganda.

After excavating the original dual highway two years ago in the hope of rebuilding the road, the section between Uthiru and Kiambaa seems to have been abandoned. And so it is in a terrible state. It has become the bane of the ever-complaining motorists who have no choice but to use the mangled road. The section just outside Uthiru Girls School is so bad that when last week there was a huge downpour, the 100-metre distance caused a five-hour traffic jam. The section has huge potholes in which small saloon cars disappear. This section not only causes traffic snarl-ups, it has become a dangerous point where muggers and thieves steal mobile phones and other valuables from cars stuck in the mud.

“President Uhuru has taken too much debt from the Chinese, that’s why he couldn’t stop the plane from China from landing in the country,” ventured the drunkard, who now had taken to entertaining the passengers. “Agiruo arihe thire ucio na kiumia kimwe.” If he had tried (stopping the plane from landing), he would have been asked to pay that debt in a week’s time.

In February, a plane flying from China was allowed to land in Nairobi despite a government directive to not allow planes from China to enter the country. It is believed that the China Southern Airlines plane had several Chinese nationals in it who were allowed to disembark and mingle with the rest of Kenyans at the height of the coronavirus explosion in Africa. For some reason, many Kenyans believe that those unnamed Chinese (nobody knows where they “dissipated” to) could in the near future put the country at risk.

“Kiguoya kia mundu,” commented the noisy drunkard. “President Uhuru was the coward of the country,” he said. After mortgaging the country to the Chinese, he’s now beholden to them: he cannot do anything until he asks them. I don’t know who told him that coronavirus is most effective only at night. Should we now stop making love to our wives? Eno curfew nitukumenya uria tuku deal nayo. Just wait, we’ll a find way of dealing with this curfew.”

Another passenger said that President Uhuru Kenyatta had put the country on a semi-lockdown and now curfew “because he was targeting to reap billions of dollars that would apparently be disbursed by our benefactors, both from the East and West to combat the disease. He and his cronies have devised a plan to pocket the billions – for them, they are in business. All this scare-mongering is just that: tactics for them to make money. This is not a black man’s disease – have you heard any black person who has died of the disease? All the people who have died from coronavirus are all Caucasian. The black man’s body is not to be felled by a mere fever.”

One drunkard started singing the following chorus:

Mwihoko wakwa no we Jesu
Kuma miaraho nginya hwa-ini
Thayo wakwa no we Jesu
Kigeno giakwa no we Jesu
Gutire kindu kingi gwenda tiga we Jesu
My only hope is you Jesus
From early in the morning till late in the night
My only peace is you Jesus
My only joy is you Jesus
All that I need is you Jesus

“When it came to implementing the curfew, Uhuru suddenly discovers his mojo: he does not entertain nonsense, he is decisive, firm, tough talking and threatens fire and brimstone to anyone defying his order by sending the paramilitary police to roughen up people with their death-knell rungus (clubs). How is it that this decisiveness and firmness is often lacking when dealing with the thieves and robbers who are his cronies and friends?” posed the drunkard.

“Ask him to go after the looters, and he suddenly becomes exhausted, handicapped and helpless, throwing his hands in the air…‘murenda njike atia?’ What do you what me to do? Uhuru is fake…after messing our economy, he now purports to be fighting this monster invasion.”

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Reflections

Remembering Thandika Mkandawire, A Beloved Teacher

I have been lucky to meet many intellectual giants in my life. The truly great, like Louis Henkin-my Constitutional Law Professor in Graduate School – and Thandika Mkandawire, are those that teach you effortlessly and joyously, and without even a hint of condescension.

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Remembering Thandika Mkandawire, A Beloved Teacher
Photo: Flickr/Mo Ibrahim Foundation
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I am utterly distraught to learn that my favourite political economist and teacher, Thandika Mkandawire, has died. My intellectual development took a different direction when I found Thandika Mkandawire after Graduate School, first through his, edited, 1987 book “The State and Agriculture in Africa,” and subsequently through the brilliant work he did on Africa’s economic development, World Bank policies and the African state in the 1990s and throughout the 2000s. I am certain that if I had not come across Thandika when I did, my intellectual development would have veered off in a completely different, almost certainly less fulfilling direction.

I was – at the time- young, restless, and, intellectually, very adventurous. Graduate school had lit a spark in me. But it had left me somewhat jaded. I had suddenly realized that I did not care for legal doctrine. I liked – and still like- law’s forensic tools – but I found doctrine sterile: it was either noisily obvious or complicatedly trivial. This was especially so when lawyers launched into voluble disputations on some arcane point. True, jurisprudence had real insight but then jurisprudence is academic law. Most of the rest of law is applied, or to put it differently, law is to jurisprudence what accounting is to economics.

There I was then: June 1993, a newly-minted graduate bristling that my training till then had neither asked nor answered the questions that had taken me to graduate school. I wanted to know what to do when those sworn to implement the laws regularly ignored them. I did not know what incentives or disincentives to put in place to discourage dictators or corporate chiefs from stealing public money. Could such incentives and disincentives be legally designed? I wondered why theories of sovereignty did not address the ways in which economic prescriptions by multilateral agencies subverted people’s control over governments in debtor countries. I knew what the rule of law was and could speak and write with great eloquence about its characteristics. Yet if you asked how institutional design might help secure it, I could not answer you. This background is necessary to explain just what a profound effect Thandika had on me.

My journey towards acquiring the perspectives and tools that would eventually help me grapple with these questions begun in two places, with Thandika Mkandawire’s “The State and Agriculture in Africa” and with all-night, whisky-inspired debates and arguments with David Ndii at Invergara Club. (David won’t like these confidential disclosures!) Thandika gave me different perspectives on how to understand the state. In this book, I learnt to look into and to question the fiscal basis of the state, any state. That is to say, I learnt to ask how a state raised revenues because, it turned out, as I learnt still later, that revenues and where they came from, shape how a state treated its citizens. Does the state raise revenues from taxes or from mineral rents? States that live off taxes –called merchant states – must have some implicit understanding with the key tax-paying groups in society. For this reason, governance in such states is likely to be more inclusive. States that live off rents- called rentier states- rest on narrow, exclusionary bargains between politicians and the companies involved in extraction. Mineral economies are essentially off-shore economies: Governments in states with such economies don’t care for public support. They survive by repression or co-optation, that is, by buying-off opponents.

This analysis opened my eyes to much that I had missed in my education. It sent me scurrying in unfamiliar but exciting research directions. Now I could explain why so many mineral or oil rich countries were either so fragile or so dictatorial. I now knew why populations in those countries were often poor: Politicians would rather squirrel the money away to tax havens than invest in public services. They paid no political price if they did that.

Thandika was always brilliant: He had the uncanny ability to illuminate a subject or to upend received wisdom with a simple vignette. I remember being extremely impressed by Paul Collier’s and Nicholas Sambanis brilliant work on conflict. Collier and Sambanis had put to bed the old canard that African conflicts are caused by ancient ethnic hatreds and grievances through a series of empirical studies showing that most conflicts could actually be explained by greed. That is, they offered evidence that most conflicts were driven by the scramble for lootable resources. Thandika was not persuaded by this thesis and though I do not know whether he ever wrote an essay that specifically responding to this argument he wrote a number of penetrating essays that very cleverly chipped away at the argument. His 2002 deceptively low-key essay, “The Terrible toll of Post-Colonial ‘Rebel Movements’ in Africa: Towards an Explanation of the Violence against the Peasantry” is particularly on point. Thandika asked a simple question, “Why are African rebel movements so violent towards peasants?” He returned the answer, which felt so intuitively right to me, that it was because the rebels were invariably urban elites who had migrated their disputes to rural Africa. This was astonishingly obvious when I thought about it. Until the violence after the 2007 election, Kenyan elites squabbling over the presidency had always taken their blood letting to the rural areas.

Perhaps Thandika’s most influential work- with colleagues like Bayo Olukoshi – was his 20 year interrogation of the neo-liberal stipulations of the World Bank – sold to Africa first as Structural Adjustment Programmes and then as Poverty Reduction Strategies. The neoliberal agenda put forth by Ronald Reagan and Margaret Thatcher came to Africa and the developing countries dressed up as the Washington Consensus. First as Executive Secretary of CODESRIA and later as Director of United Nations Research Institute for Social Development, UNRISD, Thandika was in the thick of debates about the viability of the Washington Consensus as policy prescription. He was completely vindicated by the dramatic unraveling of the Washington Consensus -in its neoliberalism garb- in the 2008 financial crisis.

Thandika and a handful of African scholars fought long and hard to liberate Africa’s development debate from the stranglehold of the so-called North American Africanists. Throughout the 1990s and early 2000s these Africanists were extremely influential in policy circles in the West. Though their advice was regularly sought, Thandika was deeply disenchanted with their work. This research argued that under-development was as a result of neo-patrimonial politics: neopatrimonialism was itself defined in segmental and hierarchical terms. The standard model has the President and his ‘tribes-mates’ sitting as patrons atop the state, their hands on the public kitty, serving a web of grateful clients who repay him with loyalty and votes. On this view, Africa was under-developed because these neopatrimonial webs undermined or eroded rational policy making.

Thandika could not abide this empirically bankrupt argument. He felt that the Africanists were selling snake-oil to policy makers in Washington and London. He noticed – as did other African scholars – that Africanist circles were not only hermetically sealed against perspectives from scholars working in the field in the continent, they had also become intellectually incestuous – liberally quoting and cross-referencing each other. They were not promoting debate, they were more like congregants at a neo-liberal wake. Thandika thought that the neopatrimonial perspective – though highly privileged and valued in donor circles in western capitals –offered nothing useful analytically. And even worse, it had no predictive value.

Thandika’s interpretations of the possibilities of democracy in Africa were always original, cautiously optimistic and always refreshing. He had genuine flashes of insight. He made me question much that I thought self-evident. He hated complacency. I was privileged to participate in many fora with him. I remember, in particular, a discussion panel I shared with him and Prof. Anyang Ny’ongo in Accra Ghana in April 2014 during the “Pan-African Conference on Inequalities in the Context of Structural Transformation.” It was the first time that I got a really good chance to have a chat with him. What humility, what gentle persuasion and what intellectual charm. I have been lucky to meet many intellectual giants in my life. The truly great, like Louis Henkin-my Constitutional Law Professor in Graduate School – and Thandika Mkandawire, are those that teach you effortlessly and joyously, and without even a hint of condescension.

God speed you along, Beloved Teacher. Here is Laban Erapu’s ‘Elegy’ that you may not walk alone to underworld:

When he was here,
We planned each tomorrow
With him in mind
For we saw no parting
Looming beyond the horizon.

When he was here,
We joked and laughed together
And no fleeting shadow of a ghost
Ever crossed our paths.

Day by day we lived
On this side of the mist
And there was never a sign
That his hours were running fast.

When he was gone,
Through glazed eyes we searched
Beyond the mist and the shadows
For we couldn’t believe he was nowhere:
We couldn’t believe he was dead.

Adios Maestro.

I WILL MISS YOU.

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