Al-Shabaab has claimed that its January 15 attack on the Dusit D2 Complex was revenge for President Donald Trump’s decision to move the United States embassy in Israel from Tel Aviv to Jerusalem. This is not the first time that a terrorist attack conducted on Kenyan soil has been justified by its perpetrators on the basis of events occurring thousands of miles away. For instance, the date of the August 7 1998 Al-Qaeda attack on the U.S embassy in Nairobi coincided with the same date, in 1991, when U.S troops first landed in Saudi-Arabia in preparation for the Gulf War, which Al-Qaeda regarded as a Christian invasion of ‘Muslim lands’.
Kenya may have suffered these attacks since it is considered a key ally of the West. But why is Al-Shabaab (an Al-Qaeda affiliate) targeting Kenya more than it is other countries in the region, such as Ethiopia and Uganda, which also have close ties with the West and have fought Al-Shabaab in Somalia? To what extent does Al-Shabaab attack Kenya for the reasons it publicly gives? Will Al-Shabaab, for example, stop targeting Kenya if the Kenya Defence Forces pulled out of Somalia?
Also, why are Kenyans, many of whom are recent converts to Islam, joining Al-Shabaab? Four of the five Dusit D2 attackers were Kenyans. Some analysts have found that status, adventure seeking, financial gain and revenge are prominent drivers of enlistment, while others submit that ideological commitments to an Islamist vision, driven by local Muslim experiences and a global narrative of ‘Muslim victimization’ have stronger explanatory power. Others have argued that it is due to a combination of wider socioeconomic conditions, and individual-level psychosocial characteristics that turn young converts to a path of violent extremism. At the same time, an authoritative account of Al-Shabaab recruitment in Somalia found that despite the varied and complex motivations for joining the group, the most common reasons given include a quest for justice through Sharia legislation and an idea of ‘defensive’ or ‘offensive’ jihad. This way of understanding the world can be regarded as empowering for some individuals, as membership can be compared to a conversion process, which can be considered a central benefit – more than access to material resources – of participating in ‘jihad movements’. These questions and debates, which have preoccupied a community of analysts and practitioners within a broad-based programme for policy intervention commonly referred to as Countering Violent Extremism (CVE), have been laid bare, yet again, in the unfolding drama of the DusitD2 attack.
Kenya may have suffered these attacks since it is considered a key ally of the West. But why is Al-Shabaab (an Al-Qaeda affiliate) targeting Kenya more than it is other countries in the region, such as Ethiopia and Uganda, which also have close ties with the West and have fought Al-Shabaab in Somalia?
At the centre of the attack was Ali Salim Gichunge, the son of a Meru military officer, and the leader of the cell that was behind the attack, and his wife, Violet Kemunto Omwoyo, a Kisii convert to Islam, and journalism graduate at the Masinde Muliro University in Western Kenya. Their story is important as it not only defies Kenya’s ethnic fictions, but also disrupts widespread perceptions of Islamist violence in the country.
Yet, the story of Gichunge and Kemunto is not entirely new, peripheral nor fringe. Exactly six years before Gichunge stormed DusitD2 with his associates, wearing his baseball cap on backwards, wielding an AK-47 rifle smuggled from Somalia, and baying for the blood of innocent civilians, Al-Shabaab announced the appointment of an ‘ideological leader’ for its Kenyan operations: Ahmed Iman Ali, then about 40 years old and of mixed Meru and Kamba origins. In the January 2012 video released by Al-Shabaab’s media wing, al-Kataib, Iman Ali – he grew up in the Majengo slums of Nairobi, graduated with an engineering degree from the University of Nairobi, and became the secretary of Majengo’s largest mosque, the Pumwani Riyadha Mosque, before fleeing to Somalia to join Al-Shabaab in 2009 – described Kenya as dar-al-harb – the house of war. Its people, he said, were legitimate targets of violent attacks.
Why are Kenyans, many of whom are recent converts to Islam, joining Al-Shabaab?
Years before he joined Al-Shabaab, Iman Ali led an ouster of the Pumwani Mosque committee, which he accused of corruption and embezzlement. Speaking against a litany of socio-economic hardships afflicting his predominantly Muslim neighbourhood, Iman Ali was a powerful balm for Majengo’s long-felt sense of exclusion and powerlessness in a Christian-dominated country.
That was in 2007. In 2012 when he was announced leader of Al-Shabaab’s Kenya operations, he was believed to be in command of hundreds of foreign fighters with the Somalia-based group, most of whom were his childhood friends from Majengo, with origins in Central Kenya, Rift Valley, Nyanza and Western regions.
At the centre of the attack was Ali Salim Gichunge, the son of a Meru military officer, and his wife, Violet Kemunto Omwoyo, a Kisii convert to Islam, and journalism graduate at the Masinde Muliro University in Western Kenya. Their story is important as it not only defies Kenya’s ethnic fictions, but also disrupts widespread perceptions of Islamist violence in the country.
Gichunge had himself graduated from high-school in 2011 with a mean grade of C+, and after his hopes of playing rugby for his school were dashed after he was bullied by other students – it led to him having to change schools – he turned his to Information Technology. It was while working at a cyber-café in Isiolo that Gichunge, who was raised in a strict Muslim household, got introduced to radical online sheikhs. He left Isiolo for Somalia immediately after that. Amongst the group of Kenyan Al-Shabaab militants he met in Somalia were former bandits, some with serious criminal records.
Most of these recruits would have been shuttled to Somalia by Juma Ayub Otit Were, a Muslim-Luhya born and raised in the Huruma slums of Nairobi. After he was accused of theft by his employer in Eastleigh, losing his job as a result, Ayub secured a new role with Iman Ali’s outfit, the Muslim Youth Centre (MYC), where he became responsible for shuttling a large number of recruits from Nairobi’s slums and other parts of up-country Kenya to Somalia to join Al-Shabaab. The police, who were trailing his activities, code-named him ‘Taxi-Driver’.
Years before he joined Al-Shabaab, Iman Ali led an ouster of the Pumwani Mosque committee, which he accused of corruption and embezzlement.
Some of the early recruits, like Sylvester Opiyo and Kassim Omondi aka Budalangi, both of whom hailed from Nairobi’s Majengo slums; and Jeremiah Okumu aka Duda Black and Stephen Mwanzi aka Duda Brown, who hailed from Nairobi’s Kibera slums, were all well-known thugs before joining Al-Shabaab. Their predisposition towards violence and unlawful behaviour turned a new leaf when the prospects for military training with Al-Shabaab in Somalia became more imminent. After developing networks with Iran, Ali’s group at the Pumwani Riyadha Mosque, whose influence since 2007 had spread to other mosques in Nairobi, especially those located in neighbourhoods long-neglected by government service, namely Masjid Kibera, Masjid Huruma, and the Masjid Nuur in Kawangware, they quickly converted to Islam and travelled to Somalia to join Al-Shabaab. They were funnelled towards Al-Shabaab’s Majimmo’ sector in Southern Somalia – an area of operations assigned predominantly to East African militants – under the command of the then 25 year-old Titus Nabiswa, who was a recent convert to Islam from Bungoma in western Kenya. In Nabiswa’s group were other militants from the Kenya coast, who had largely been radicalised by the sermons and mosque lectures (darsas) of the late Sheikh Aboud Rogo and the late Abubakar Shariff, aka Makaburi, two Mombasa preachers who had come to symbolise the face of Islamist terror in Kenya. Also in the group were Kenyan-Somalis (mostly from Nairobi’s Eastleigh and South C districts), including foreign militants such as Jermaine Grant and Thomas Evans from England, and Andreas Martin Mueller from Germany.
By 2012, Ali Gichunge, who was partly raised inside the Isiolo army barracks, was screening new Kenyan recruits in Baidoa, almost all of whom were Christian converts to Islam.
Upon their return to Kenya in 2010, some members of this group were responsible for a spate of killings, targeted especially at police officers, including twin-grenade attacks at Uhuru Park on June 13 that killed six people during a campaign rally organised by Christian leaders to drum up opposition against the proposed constitution of 2010. The police responded strongly to this violence, which seemed unsanctioned by Al-Shabaab’s core leadership in Somalia, was distinctively unilateral, and largely uncoordinated.
After developing networks with Iman Ali’s group at the Pumwani Riyadha Mosque, whose influence since 2007 had spread to other mosques in Nairobi, especially those located in neighbourhoods long-neglected by government service, namely Masjid Kibera, Masjid Huruma, and the Masjid Nuur in Kawangware, they quickly converted to Islam and travelled to Somalia to join Al-Shabaab.
By 2014, with the killing of Makaburi – it was the last of targeted assassinations of radical sheikhs including Aboud Rogo most probably by Kenyan security forces – most returnees of the Majimmo sector group had either been arrested, killed, or were on the run from the police. For instance, Stephen Mwanzi and Jeremiah Okumu were abducted in Kisauni, Mombasa, in June 2012, never to be seen again; Kassim Omondi was killed in a gun-fight with the police who had gone to arrest him in his Githurai hideout in May 2013; while Titus Nabiswa was arrested and later killed during an escape attempt in Majengo, Mombasa in October 2012. Jermaine Grant was arrested in Kisauni, Mombasa, in December 2011, but his accomplices, Fuad Manswab Abubakar and Samantha Lewthwaite, aka, the white widow, and who earned her moniker from the death of her ex-husband (and Grant’s friend) Germaine Lindsay when he blew himself up during the London bombings of 2005, escaped to Somalia.
The security threat posed by this group had been eliminated. Or so it seemed.
Amniyaat and Jaysh Ayman
Meanwhile, Al-Shabaab’s reclusive and ambitious former leader, the late Ahmed Abdi Godane, was in search of a more potent offensive against Kenya – a need that was intensified by Kenya’s decision to send its troops to Somalia to root-out Al-Shabaab from its key bases in October 2011. The plans begun in mid-2013, after Godane had eliminated key figures within Al-Shabaab’s Shura (Executive Council) that had opposed his vision of turning Al-Shabaab from an essentially Somali movement into a transnational Islamist threat.
By 2014, with the killing of Makaburi – it was the last of targeted assassinations of radical sheikhs including Aboud Rogo most probably by Kenyan security forces – most returnees of the Majimmo sector group had either been arrested, killed, or were on the run from the police.
Godane took matters into his own hands, by bypassing the network of Kenyan Al-Shabaab members, he went ahead and tasked key figures within Al-Shabaab’s special operations and intelligence branch known as Amniyaat to begin planning operations against Kenya. At midday on 21 September 2013, 4 militants under the command of Amniyaat stormed Nairobi’s upscale shopping centre, Westgate, lobbing grenades and firing indiscriminately at shoppers. The subsequent siege lasted 80 hours and resulted in at least 67 deaths.
Following Westgate, Godane ordered a reorganisation of Al-Shabaab’s military wing, Jaysh al-Usra. The commander in the Lower and Middle Juba regions, Mohamed Kunow Dulyadeyn, a Kenyan-Somali from Garissa, began expanding his operations into Garissa and Wajir while Adan Garar, his counterpart in the Gedo region, expanded into Mandera. While this meant that attacks in Northeast Kenya would intensify from 2013 onwards, the leadership vacuum that was left by the 2011-2014 purge of Kenyan Al-Shabaab members had created a problem.
In Nairobi, Mombasa, Isiolo and Marsabit, where radical preachers and their militant followers had exercised some control, before suspected agents of the state killed most of them, a storm was brewing. At the Masjid Musa in Mombasa, the radicalised and violent followers of Rogo and Makaburi were growing ever more impatient, keen on proving their worth to Al-Shabaab’s core leadership in Somalia. In fact, a criminal gang formed around the leadership of a protégé of the late Makaburi called Ramadhan Kufungwa, a Digo from Ukunda in the South Coast. According to the police, Kufungwa ordered the gang to conduct a spate of robberies and killings of police and suspected police informers in Mombasa in 2014-2015.
In Nairobi, Mombasa, Isiolo and Marsabit, where radical preachers and their militant followers had exercised some control…a storm was brewing. At the Masjid Musa in Mombasa, the radicalised and violent followers of Rogo and Makaburi were…keen on proving their worth to Al-Shabaab’s core leadership in Somalia.
One of the gang’s members was a Tuk-Tuk driver and high-school drop-out called Mahir Khalid Riziki, who ended his life in a suicide mission at the DusitD2 attack, but was then a resident of Bondeni, a seedy rundown neighbourhood in Mombasa, and a sad reminder of its glorious past. Mahir and his friends immediately found themselves on the police radar. Using networks cultivated by Kufungwa, most of them made their way into an Al-Shabaab hide-out in the Boni forest, where a new unit called Jaysh Ayman (named after its first commander), had been formed in 2014 under the leadership of another former resident of Bondeni, Luqman Osman Issa.
Jaysh Ayman brought together Al-Shabaab fighters from Uganda, Tanzania and Kenya, and was part of Godane’s plan to turn Al-Shabaab into a potent regional force. In June-July 2014, Jaysh Ayman targeted the mainland areas of Lamu County, parts of which are covered by the Boni forest, where they killed close to 97 people in a rampage that shocked the nation and therefore, bolstered Al-Shabaab’s reputation for daring attacks and spectacular violence. Despite the death of most of its early leadership during an attack at a military camp within the Boni forest in June 2015, the unit has remained a potent threat to Kenya’s national security. By the time Gichunge and Mahir joined the unit, the Kenyan contingent of Al-Shabaab militants was larger, and better trained, and featured amongst its ranks, both the educated and uneducated, including petty criminals, drug addicts and HIV positive-persons. It is these militants that Al-Shabaab is now sending to Kenya as suicide-bombers and attackers.
Jaysh Ayman brought together Al-Shabaab fighters from Uganda, Tanzania and Kenya, and was part of Godane’s plan to turn Al-Shabaab into a potent regional force.
Still the question remains: why does Al-Shabaab target Kenya?
Trans-border attacks as propaganda by deed
Despite the claim that Al-Shabaab targets Kenya due to its passion for global jihad and to pressure the Kenyan government to remove its troops from Somalia, the evidence suggests that Al-Shabaab is driven by different strategic concerns and highly rational reasons. Granted, there has been an uptick in Al-Shabaab attacks in Kenya since October 2011, when Kenya sent its troops to Somalia, but Al-Shabaab attacks in Kenya go back to May 2008, when a police post in Liboi (a few kilometres from the Somali border) came under fire. Jermaine Grant, who had been held in the post after he was arrested on his way to Somalia to join Al-Shabaab, was freed during the attack.
The Global Terrorism Database (GTD) recorded 14 more attacks before September 2011, and then 49 in 2012, 35, in 2013, 80 in 2014, 42 in 2015, and 45 in 2016. While the GTD is yet to provide figures from 2017, existing evidence shows that of the 302 trans-border attacks perpetrated by Al-Shabaab from 2008-2016, 3 occurred in Ethiopia, 5 in Uganda, 2 in Djibouti and 291 in Kenya. Brendon Cannon and Dominic Pkalya, in a recent article, have argued that beyond sharing a border with Somalia, Al-Shabaab targets Kenya more than other frontline states because of the opportunity spaces linked to Kenya’s international status and visibility, its relative free and independent media that widely publicizes terrorist attacks, a highly developed and lucrative tourism sector that provides soft targets, expanding democratic space and high levels of corruption. In sum, these variables play into Al-Shabaab’s motivations and aid planning and execution of acts that aim to fulfil the group’s quest to survive – as it losses more ground in Somalia – by maintaining its relevance on the global stage.
Of the 302 trans-border attacks perpetrated by Al-Shabaab from 2008-2016, three occurred in Ethiopia, five in Uganda, two in Djibouti and 291 in Kenya.
The Westgate, Lamu, Garissa University College, and DusitD2 attacks are all examples of attacks of maximum effect, because they garnered Al-Shabaab international headlines and catapulted it back to the centre of debate amongst counterterrorism practitioners and policymakers. This visibility serves to attract the attention of terrorist financiers, potential recruits and allies. As argued by Cannon and Pkalya, Kenya offers an array of convenient targets to Al-Shabaab that result in relevance through the regional and international publicity of propaganda by deed that is usually desired by terrorist groups.
The Westgate, Lamu, Garissa University College, and DusitD2 attacks are all examples of attacks of maximum effect, because they made international headlines and catapulted Al-Shabaab back to the centre of debate…This visibility serves to attract the attention of terrorist financiers, potential recruits and allies.
With the sizeable contingent of Kenyan militants that Al-Shabaab now controls, it is probably a matter of when, not if, Al-Shabaab will stage another attack in the country. In this way, more needs to be done to scale-up counter-terrorism efforts, especially in border security and intelligence gathering, as more support is given to prevention strategies at the communal and individual level so as to counter radicalisation.
Slaying the Monster: How to Win the War on Corruption in Kenya
The Judiciary is under sustained assault from the Executive branch of government and buck-passing has come to distinguish Kenya’s war on corruption. Beyond the blame games, there exist opportunities for Kenyans to break the yoke of oppressive corruption and chart a new course towards a liberated future argues WILLY MUTUNGA.
The social cost of corruption in this country is incalculable. It has emptied our ethical contents, hemorrhaged our economy, corroded and destabilized our politics. It must be confronted directly and boldly, employing the full panoply of instruments of public education, sanction and restitution. Both administrative and legal measures must be summoned in this fight.
One significant but often ignored truth is that fighting corruption is primarily a political project. The political will leading that fight will only succeed if it is credible. Vehemence, however boisterous and loud; righteous but false indignation, however shrill, are all “a tale told by an idiot full of sound and fury signifying nothing.”
We must ponder. Why did wananchi undertake citizens’ arrest of corrupt officers when NARC (National Rainbow Coalition) came to power? Why did harambees, land allocations and the attendant corruption around public land die during the Kibaki years? If the link between harambees and corruption had long been established (see several Transparency International reports on this subject), why did we resurrect them in 2013, sometimes in total disregard of the law that prohibits public servants from conducting them?
The big question we pose, is do the political elite now leading the fight against corruption have the moral standing sufficient to win public credibility? If they do not then how can they win? My view is the lifestyle audit from the top that was promised a year ago would have come close to conferring that credibility. And that credibility will be long in coming until we clear the dark clouds surrounding issues like Eurobond, the Afya House Scandal, Laptop and Medical equipment leasing to name but a few and make public the sovereign debt for debate.
So, which arm of state is the most corrupt?
This is a false question that is at the core of the blame games being played over the “War on Corruption.”
Over two years ago when I still worked in the Judiciary, Hon Duale, the majority leader in the National Assembly and I, had an interesting spat on Twitter. He had posted a tweet decrying corruption in the Judiciary. I retorted that there was corruption in the Judiciary but not the magnitude found in Parliament. I believe very few people would doubt the enormity of corruption in the Executive and Legislative arms. One only needs to read the Auditor-General reports since independence to confirm this.
Historically, whereas the Judiciary has faced its own independent corruption challenges, part of this problem has been driven by the fact that the Judiciary has been an appendage of the colonial and postcolonial Executive. What is not common knowledge is that until 2010, the Judiciary was closely weaved into the structure and organization of government, listed as a Department of the Attorney General’s Office.
Staff were under the public service and the Judiciary was the place where ‘problematic’ civil servants were banished as punishment.
District Treasuries held Judiciary accounts (some are still in their control even though we began the delinking process). Ironically, since the Judiciary never dared stand up to the Executive, it did the latter’s bidding, but also created spaces for it to shake down litigants, the Judiciary well protected by the Executive in this form of corruption.
The state has always known who the corrupt judicial officers and staff are. The incorruptible ones have had to struggle against the pressure of the Executive and other forces to save their integrity. I believe that is the challenge the Judiciary faces in its quest for integrity and independence. Therefore, the issue is not which of the arms ( of government) is more corrupt but rather how the arms and their organs reflect the integrity and independence decreed by the Constitution.
“War on Corruption” is a National Project
For the “War on Corruption” to be operationally successful, it has to be a national project where the entire justice chain must work in coordination and in concert. This requires that investigation (police), prosecution (Director of Public Prosecution), and the adjudication (Judiciary) should be seamless, effective, incorruptible, and focus on the national interest.
The National Council for the Administration of Justice (NCAJ), which the Honourable Chief Justice chairs, brings together representatives of the Executive (Attorney-General, DPP, Prisons, Inspector-General of Police) and representatives from civil society and the private sector. This provides the institutional framework for the attainment and monitoring of this objective.
It is the arena where approaches to the fight against corruption should be discussed and any outstanding issues resolved. If NCAJ worked properly, the public altercation that we have seen in this fight would not occur. It is the peer review chamber in the administration of justice where each of the agencies can be held to account.
There has been a consistent policy of blame games by the members of this chain for the administration of justice, that does not serve national interest. The investigations are supposed to be as thorough as the prosecution with the Judiciary promising no delays or compromises in its administration of justice. I believe it was also once suggested that the Inspector-General of Police, through the Director of Criminal Investigations, could utilize the services of the lawyers upfront to make sure that all the relevant and admissible evidence was collected. I believe it was also a practice that once the investigations were complete and the suspects given the chance to respond, the Office of the DPP would peruse the file to make sure the charges taken to court were in order and backed by evidence. Bail applications would be dealt with on this basis and there would be no applications for time to complete investigations, secure exhibits and so on. The NYS criminal prosecution (among others) clearly demonstrates the policies of the NCAJ, are not being adhered to.
The integrity of the organs and institutions in the entire chain for the Administration of Justice is premised on the integrity and independence of such organs and institutions. So who protects their independence? It is the organs and institutions themselves, the citizens, and other arms of state, the corporate sector, civil society and international interests.
All these organs and institutions face pressure from different quarters anyway, including ethnic communities, families, friends and other insidious demands. Politicians and their masters, the cartels and foreign interests, do not support the independence and integrity of these institutions and they seek continuously and consistently to capture and enslave them. Rarely, do they talk about their corruption, and politics of division and inhumanity. Indeed, when politicians attack institutions that have integrity they invariably do great job in guarding the integrity and independence of these institutions. The attacks by politicians can be construed as the frustration and failure on their part in their quest to enslave these institutions.
The Constitutional Oath of Office
Officers in the three arms and all organs of the State swear to uphold the Constitution. Yet as soon as you are sworn in to serve, this duty seems to be constantly and summarily forgotten. Most politicians have not read the Constitution. If they did why would they argue publicly that one cannot be granted bail when charged with murder? Why would they be quiet about the right of appeal against decisions granting or denying bail? I am quite sure they could get basic constitutional education from the learned lawyers if they chose to be honest about the issue of bail. I have heard the two main ‘hand-shakers’ attack the Judiciary on issues of bail. How will they protect the integrity and independence of institutions if they constantly abuse and disrespect them? It seems using the Judiciary as a punching bag is not restricted to presidential petitions and their outcomes. The independence and integrity of institutions have to be nurtured by a culture of respect and dialogue.
The speeches of President Uhuru and the Right Honourable Raila Odinga in the recently concluded Multi-Sectoral National Anti-Corruption Conference profiled the Judiciary as the weakest link in the “War on Corruption.” It is a clearly predictable critique because the investigatory and prosecution processes are in the departments controlled by the Executive. Indeed, for the entire chain in the War on Corruption to work seamlessly and effectively the Executive must respect their integrity and independence. The Inspector-General of Police and the Office of the DPP must resist compromising their integrity and independence as decreed by the Constitution. Every institution under the Constitution has delegated powers from the Kenyan people. Protecting the human rights of the Kenyan people in the processes of investigating corruption and prosecuting it are cardinal considerations to bear in mind. Investigations and prosecutions must never be selective or politically motivated.
The speeches of President Uhuru and the Right Honourable Raila Odinga in the recently concluded Multi-Sectoral National Anti-Corruption Conference profiled the Judiciary as the weakest link in the “War on Corruption.”
It pains me when I hear Right Honourable Raila Odinga subvert the Constitution by arguing that suspects of murder and corruption must prove their innocence. The Constitution provides otherwise. Indeed, he knows that the provisions on bail in part are historically explained by the trials and tribulations he and other patriots went through in the courts captured by the Jomo Kenyatta-Moi-KANU dictatorships. I was shocked by his proposal in the said conference that suspects must prove their innocence and the courts, notwithstanding the provisions of the Constitution, must deny such suspects bail. President Uhuru, himself a beneficiary of soft bail from an international court that enabled him to run and campaign for office, earlier criticized the courts for giving soft bail terms. We are told that the courts must decide based on the will of the Executive notwithstanding the provisions of the Constitution and the Oath of Office taken by all judicial officers to uphold the Constitution and protect it. I hope that both our leaders never rue the day they uttered these words in the future. An independent Judiciary is critical to all politicians, as is indeed, to all citizens.
What has always surprised me is how those who attack and refuse to nurture the integrity and independence of institutions forget that they need those institutions more than the ordinary citizens. If as a politician or a cartel you enslave an institution, what guarantees you that your enemies, once in the same privileged position as you, will not use the institution against you? In this regard, all politicians and other interest groups should not influence (in any way) the integrity and independence of the Judiciary. They will not have to yell from the rooftops that “money has been poured (sic) or we are being finished” when their turn comes to answer the crimes they have committed. Judiciaries are temples of justice where the oppressed, discriminated, bullied, tortured, and intimidated run to. You do not want to run there and find your worst enemy at the entrance of the temple of justice!
Paying Lip Service to Corruption
Let us not pay lip service to War on Corruption. Let us not be selective in the prosecutions. Let us be consistent in our narratives in support of the War. What became of lifestyle audits that would start from the very top of our political leadership? Why, in the observation of the constitutional values of integrity, transparency, and accountability should we not make accessible all management and loan agreements, and details of our sovereign debt? Why do citizens have to go to court under Article 35 (freedom of information) of the Constitution to get these agreements and details? What is being hidden from the Kenyan public? It is on the basis of this disclosure that we can have a national dialogue on what these debts are, and who will ultimately pay for them.
I believe some are not even legally recoverable.
Under the 2010 Constitution, the State cannot live to its historical reputation of “Siri Kali/Vicious Secret” on matters of finance, security, investments, and the use of people’s resources. Kenyans must still demand the implementation of the Constitution in its entirety in their quest to change our unacceptable and unsustainable status quo.
The War on Corruption in Kenya is also an intra-elite struggle about looting, succession, corruption, and how fruits of corruption are shared. The War is also about struggles between national cartels and foreign interests. Like any other war it is an industry where profits are found in buying elections, oiling the machinery of state violence, and investing the ill-gotten gains internally and externally. The corrupt have no loyalty to any country or relationship. The elite hate the people they rule. How does one view all these merchants of death in any other way? The so-called illicit economy (money laundering, piracy, terrorism, human trafficking, trafficking in human body parts, counterfeit, corruption, wildlife crimes) co-exists with legitimate ones – there is no distinction. Legal corruption (such as exploitation) is a twin of illegal corruption reflected in the illicit economy. Ultimately, a system that puts profits before people controls and owns both legal and illegal corruption.
Under the 2010 Constitution, the State cannot live to its historical reputation of “Siri Kali/Vicious Secret” on matters of finance, security, investments, and the use of people’s resources.
The War on Corruption must extend to foreign interests and forces (economic, social, military, financial, communications and surveillance, the entire system of imperialism of the West and East) if the War is to be won.
What can we do in the short-term?
Political leaderships the world over and the interests they serve (economic, social, military, financial) are the root cause of corruption. The joint control of resources by leaders and their interests mean that only by bringing, by all means possible, leaderships that are alternative to the current ones can we hope to end corruption, or at least start mitigating it.
In the case of Kenya, we are yet to even occupy the vacuum that exists for authentic opposition. Such opposition is the beginning of this struggle. We have many uncoordinated social movements that need to come together in a national convention against corruption and their delegates elect interim leaders to start the People’s War on Corruption.
This will be a national convention by delegates of all social movements and non-baronial parties and their affiliates. I believe there has been enough discussion on the critiques and consequences of corruption on our development. The national convention should collate and coordinate solutions and actions to achieve them. We have various precedents of national conventions. We had one in Limuru in April 1997. There have been other formats like the one adopted by the Kenya Tuitakayo Initiative.
Public intellectuals will definitely play an important role.
We have many uncoordinated social movements that need to come together in a national convention against corruption and their delegates elect interim leaders to start the People’s War on Corruption.
The convention will also draw a four-year program of activities by social movements and parties and the holding of a yearly national convention. It will have sub-committees to deal with specific issues. I believe all these initiatives can be funded by Kenyans. The convention will determine a funding strategy. And there are many more issues to come out of the convention such as its manifesto, ideology, politics, and membership. It is not rocket science.
The time to end the baronial politics narratives that only the rich who can rule this country is now. The time to reject baronial promises on fighting corruption is now.
We need to protect and secure our national resources. Out of these movements, and political parties that are not captured by baronial elites, a national progressive party can be formed to contest political power over the next ten years. The window of opportunity is now. The time for the politics of issues is now. The opportunity for implementing the Constitution, particularly its fundamental pillars are now. The time to end the baronial politics narratives that only the rich who can rule this country is now. The time to reject baronial promises on fighting corruption is now. This can only be done by political formations that will contest political power and wrestle it away from the barons.
Kenya gained its nominal independence because of the Mau Mau War of Independence and the collapse of the British Empire. There followed the second liberation that resurrected multipartyism. There was the third liberation brought about by the promulgation and implementation of the 2010 Constitution. Together with citizens of the world, we must bring about a humane, peaceful, non-violent and non-militaristic planet that is ecologically safe, equitable, The fourth liberation is about consolidating the gains of all these liberations, rescuing their fundamental weaknesses, and bringing the end of baronial rule in Kenya. just and prosperous.
The fourth liberation is about consolidating the gains of all these liberations, rescuing their fundamental weaknesses, and bringing the end of baronial rule in Kenya.
We in Kenya must start our effort for an alternative world. Let us think freedom and emancipation of our country, our continent, and our planet. To do so we must imagine the defeat of the imperialism of West and East. Such a world cannot exist under these current corrupt systems. Our Constitution’s vision is socially democratic and its implementation will put us into the trajectory of the fourth liberation forming the basis of the fifth liberation to come.
The views expressed are personal to the author and do not in any way reflect those the Office of the Former Chief Justice
Battle of Ideas: The Social Responsibility of Intellectuals in Building Counter-Hegemonies
In a capitalist society divided into classes, you have broadly two types of intellectuals. There are those who produce rationalizations, justifications and mystifications to maintain and reproduce the status quo of inequality and inequity in favour of capital. Then there are those who question and challenge dominant knowledge and try to demystify and debunk hegemonic forms of knowledge and ideologies. Some go further to produce and articulate alternative forms of knowledge and ideologies to propel the struggle of the ruled, the oppressed and the downtrodden. They are involved in constructing counter-hegemonies. By ISSA SHIVJI
Intellectuals pride themselves as producers of knowledge. They are also articulators of ideologies, a role they do not normally acknowledge. Respectable universities worth the name call themselves sites of knowledge production. I say “respectable” because these days many neo-liberalised universities have abandoned the role of knowledge production in favour of packaging disparate information and branding their “products” (students) to make them saleable on the market. That is a story for another day. Today I don’t want to talk about packaging factories. Today I want to address those intellectuals who still consider themselves producers of knowledge rather than assembly line supervisors of packaging industries.
In a capitalist society divided into classes, you have broadly two types of intellectuals. There are those who produce rationalizations, justifications and mystifications to maintain and reproduce the status quo of inequality and inequity in favour of capital. These are the producers and purveyors of what we call hegemonic ideologies. Then there are those who question and challenge dominant knowledge and try to demystify and debunk hegemonic forms of knowledge and ideologies. Some go further to produce and articulate alternative forms of knowledge and ideologies to propel the struggle of the ruled, the oppressed and the downtrodden. They are involved in constructing counter-hegemonies. Thus there is a battle of ideas. One of the foremost sites of the battle of ideas is the University. Battle of ideas precedes battle at the barricades.
Hegemony by definition means acceptance of an ideology voluntarily, by consent as opposed to, by coercion. It was Gramsci’s great insight that the bourgeoisie rule by mobilising consent through its ideological apparatuses, both in the state (for example, courts) but – and this is important to note – also in civil society, for example, institutions of education, media, CSOs, art, literature etc. The wheels of ideological apparatuses are always churning. They generate and refurbish hegemonic ideologies and make it the ‘common sense’ of the time. During normal times, therefore, the coercion of the bourgeois state does not appear on the surface. It is there – but always in the background. This is the case in normal times. What happens in times of crisis – in times when the underlying capitalist system itself is in the crisis of reproducing itself? It is the crisis that interests me most because, I believe, we are currently in such a crisis of the global imperialist-capitalist system. I will not go into the details of the economics of the crisis because I want to focus more on its ideological expressions.
Battle of ideas precedes battle at the barricades.
Today we are witnessing an upsurge of fascism, narrow nationalisms and parochialism (for short, I’ll call them “new nationalisms”) both in the Centres (the global North) and in the Peripheries (the global South). In the North, rightist parties and formations wave the flag of racism and nationalism against immigrants. Given the electoral victories of the right in recent times, even mainstream center and centre-left parties, fearing the erosion of their electoral base, buy into the anti-immigrant rhetoric. Brexist is one such example; the other is Trump’s laughable but tragic Mexican wall project.
In the South, there is a rise of demagogic and populist leaders who wave the flag of narrow ethnic, racist, religious and parochial patriotism. Modi of India, Duterte of Philippines and Bolsonaro of Brazil, well illustrate populist and demagogic languages. Modi waves the flag of Hindutva which is nothing but an assertion of Hindu supremacy. Inevitably this unleashes street violence against minorities – Muslims, Christians and Dalits. Bolsonaro deploys his populist slogans against Blacks, women and LGBT communities. In Latin America, another Bolsonaro is in the making. This is the gentleman called Juan Guaido who has “democratically” declared himself the president of Venezuela. He is supported by the “champions of democracy” in America and Europe and recognised, among others, by the only “democracy” in the Middle East – Israel. [Please note the term “democracy” and all its derivatives here are in inverted commas.]
Hegemony by definition means acceptance of an ideology voluntarily, by consent as opposed to, by coercion
I’d suggest that the upsurge of “new nationalisms” is a backlash to neoliberalism gone wild. Ironically, neo-liberalism itself paved the path for the rise of “new nationalisms”. Neo-liberal ideologies did not have a long staying power but for some four decades of its rule it caused havoc. Market and monetarism were its mantra. Neo-liberalism attacked bourgeois liberalism in the Centres and assaulted post-colonial, radical and progressive nationalism in the Peripheries. Socially, it rested on individuation as opposed to bourgeois individualism. The best description of individuation comes from Margaret Thatcher who rhetorically exclaimed: ‘Society, what society! There is no such thing as society!’ There are only disparate individuals. Bourgeois individuals stood for rights and obligations. Neo-liberal individuates don’t stand for anything – except for self-enrichment and aggrandizement. They will sell their rights and trample on others’ rights so long as they can “move on”. And ‘obligation’ has no place in their utterly self-centered mindsets.
On economic level, neo-liberalism is based on the endless creation of fictitious commodities and their privatisation. So public goods – education, health, water, energy and air are commodified and owned; so also flora and fauna, mountains, rivers and forests; bio resources and genetically modified life organisms become private property to be owned and traded for profit. Even languages and cultural practices get patented and owned. (Recently Walt Disney took out a patent on the Kiswahili phrase: Hakuna Matata!) Debt, including sovereign debt, becomes a commodity and is traded. Financial oligarchies offer cheap credit – so every one from individuals through households to states borrow heavily becoming indebted. Debt slavery has become a new kind of slavery. We all exist in debt to financial sharks, literally and figuratively. Descartes’ famous saying, “I think therefore I am” becomes “I am indebted therefore I am”. Underlying it all is rampant primitive accumulation by a small financial oligarchy overshadowing ‘accumulation by expansion’ in the productive sphere. Financialisation becomes the name of the game. Fictitious economy takes leave of real economy and begins to believe in self-regulation and self-reproduction. When the hiatus between the real and fictitious economy becomes unsustainable, the bubble bursts like the 2007-2008 prime mortgage crisis in the US that spread like wild fire to other countries. But the state pumps in trillions of dollars to save financial institutions, which duly resume their nefarious transactions. The outcome of the crisis is further concentration of wealth and power in fewer hands.
The wheels of ideological apparatuses are always churning. They generate and refurbish hegemonic ideologies and make it the ‘common sense’ of the time.
Inequality, unemployment, poverty, despair and hopelessness rise as wealth concentrates in a small minority. Angry masses become cannon fodder on which rising fascist and right-wing feed. In the absence of a feasible alternative, this is the way the masses hit back at neo-liberal excesses.
Neo-liberalism was primarily an ideological assault on radical nationalism and its relatively independent policies. It devastated our social fabric and the neo-liberalisation of our universities destroyed counter-hegemonic, progressive discourses and debates. The University structures were corporatized. Courses lost their integrity as they were semesterised and modularised. Short courses proliferated. Basic research was undermined as policy consultancy overwhelmed the faculty. Knowledge production was substituted by online information gathering. A few resisted but many surrendered. Voices of resistance from staff and students were stifled and suppressed. University authorities spent more on surveillance gadgets to keep students in check rather than on sanitation facilities in dorms to keep students healthy. This campus, once known for its intellectual salience, is today cited for its selective silence. The kind of discourse that I’m indulging in today, I bet, must sound Greek and Latin to our neo-liberal generation of both students and faculty. This is the story of many African campuses.
As a consequence, the rise of “new nationalisms” caught intellectuals by surprise. Neither did they anticipate it nor do they know how to react to it. The knee-jerk reaction on many African campuses – not all of course – has been to join the bandwagon either out of choice or because of lack of choice.
Today we are witnessing an upsurge of fascism, narrow nationalisms and parochialism both in the Centres and in the Peripheries. In the North, rightist parties and formations wave the flag of racism and nationalism against immigrants. Given the electoral victories of the right in recent times, even mainstream center and centre-left parties, fearing the erosion of their electoral base, buy into the anti-immigrant rhetoric.
“New nationalisms” across the global South share certain characteristics, albeit manifesting in different forms and languages, depending on concrete conditions. Some manifestations are undoubtedly progressive but are invariably eclectic.
Firstly, populism speaks in the name of the poor against the poor. Secondly, it privileges ‘God and country’ instead of peoples and nations. Thirdly, it concentrates power and destroys other potential centres of actual or potential power. Fourthly, it seeks legitimacy in “gods and ancestors” rather than its people. Fifthly, it makes fetish of “industrialisation-as-development” while marginalising agriculture and pillorying “development-as-freedom”. In Africa, no doubt, we need industrialisation to develop but development is more than industrialisation. Development, as Mwalimu Nyerere used to say, is a social process of enlarging the terrain of freedom and constricting the tyranny of necessity.
Sixthly, ”new nationalism” mounts a concerted assault on veritable centres of thinking, especially universities. My Indian friends from Jawaharlal Nehru University tell me that Modi’s regime has repeatedly tried to destroy radicalism at JNU, by slapping criminal charges on radical faculty and students, by mounting direct attacks by police on the Campus and by appointing regime’s stooges as vice-chancellors, and so on.
The upsurge of “new nationalisms” is a backlash to neoliberalism gone wild
Seventhly, the anti-imperialist rhetoric of “new nationalisms” is eclectic and selective. It is couched in the language of “they”, the foreigners, and “we”, the indigenous, rather than as an anti-systemic project.
Finally, in Africa, the “new nationalism” is singularly bereft of the Pan-African dimension. This is very much unlike the first wave of nationalism, which was born of Pan-Africanism and tried to keep it on the political radar in spite of its problems and shortcomings. Paraphrasing Mwalimu Nyerere, I would say that African nationalism could only be Pan-Africanism otherwise it becomes “the equivalent of tribalism in the context of our separate nation states.” (Nyerere)
Under the circumstances, it is squarely the social responsibility of intellectuals to construct a counter-hegemonic project that would resonate with the lives of the vast majority. Instead, African intellectuals have reacted to “new nationalisms” by falling back on the ideological rhetoric of bourgeois liberalism, which they know best but which, in my view, falls far short of giving the people a vision and a cause to fight for. The liberal language of political pluralism, social diversity, ideological identity and party politics is, in my view, inadequate and does not touch the hearts and minds of our people. We must always remember that it is liberalism constructed on capitalist foundations that created the soil for the rise of neo-liberalism and its offshoot “new nationalisms” in the first place.
One cannot construct a counter-hegemonic project in the abstract and I do not intend to do so. Such alternatives are built in the course of struggle. By way of conclusion, though, I’d like to suggest for our consideration that any counter-hegemonic project must be based on four building blocks. These are: popular livelihoods, popular participation, popular power and popular rights and freedoms.
‘Popular’ is used in two senses: one that it is anti-imperialist and two, that it is based on a ‘bloc of popular classes’, which together I call working people. The term popular helps us to distance ourselves from populisms emanating from the term ‘people’. The term popular livelihoods does not require any further explanation. Needless to say it has to be based on a people-centered development. (And by ‘people’ I mean working people.)
Popular participation is meant to interrogate the limits of parliamentary and party politics and rethink the institutions of the state. The idea is to posit a new mode of politics. Politics are where the masses are. And masses are in villages and urban ghettoes and neighbourhoods. So popular participation and popular power is meant to re-locate power and politics from the state to villages and neighbourhoods.
African intellectuals have reacted to “new nationalisms” by falling back on the ideological rhetoric of bourgeois liberalism, which they know best but which, in my view, falls far short of giving the people a vision and a cause to fight for.
In popular rights and freedoms I include two fundamental rights and four fundamental freedoms. The fundamental rights are right to human existence to live life with dignity and right to organise means that an organised working people are able to defend their interests themselves through their own organisations – whether these are trade unions, workers’ associations, working women’s organisations, peasant co-operatives or peasant parties. Forms of organisation arise from concrete conditions. People have always been innovative in organising themselves for resistance and for fighting for alternatives.
Four fundamental freedoms are: freedom from want, freedom from fear, freedom from violence (both state and social violence) and freedom from enforced silence – in other words, right to speak out. Time does not allow me to elaborate further on the building blocks of an alternative Project. My aim was simple: to jolt us from the slumber of silence. My hope is – and I’m eternally hopeful – that this type of discourses will morph us from the state of unthinking to the state of thinking.
This article adopted from a Keynote address at the University of Dar es Salaam was first published in Sauti ya Ujamaa on February, 2 2019.
The Swan Song of Electoral Democracy: From Kenyatta to Kabila, the Rise of a New Impunity
The farcical rigging of the DR Congo election was only a surprise to the extent that fellow African presidents and international observer missions were not in on Joseph Kabila’s novel innovation: fixing the election for an opposition candidate. With 20 African elections set for 2019, does the threat of the Congolese example confirm a final retreat of electoral democracy on the continent? What is to be done? By MIRIAM ABRAHAM
The normalization of electoral pilferage in Africa is baffling. Election management bodies, long the political tools of incumbents, can’t stop outdoing each other in their mediocrity. And ready to legitimise these atrocities, are African presidents who compete to be the first to convey congratulatory messages. Not to be outdone, international and regional organizations continue to provide technical support for these sham processes, releasing bland observation reports that rubber-stamp electoral fraud. And the diplomats, who while investigations are launched on sabotage of elections in their own countries, undermine electoral justice in their host countries.
The recent charade in the Democratic Republic of Congo is only the latest in the disturbing trend. Similar processes in Zimbabwe, Cameroon, Rwanda and Kenya, in the past year or so, confirm this. In these four situations, the incumbent retained power, despite detention of political opponents, massive irregularities, blatant theft, intimidation of voters and in some cases, brutal murders by security operatives. With elections scheduled in more than 20 countries this year including Nigeria, Ethiopia, South Africa and Malawi, we should expect this trend to continue unabated.
Turning to the Democratic Republic of Congo: it has the world’s most complex and longest running humanitarian crisis. It is estimated that since 1996, violence has claimed over six million lives (without including the period between its independence from Belgium in 1960 to 1995). Historically, the country has never had a bloodless transfer of power. Former President, Joseph Kabila, who inherited the seat from his assassinated father, Laurent Kabila in 2001, managed to cling to power for 18 years. He could have probably postponed elections again, if the Congolese, led by the Catholic Church, did not keep the pressure on him finally to conduct them.
The recent charade in the Democratic Republic of Congo is only the latest in a disturbing trend. Similar processes in Zimbabwe, Cameroon, Rwanda and Kenya, in the past year or so, confirm this. With elections scheduled in more than 20 countries this year including Nigeria, Ethiopia, South Africa and Malawi, we should expect this trend to continue unabated.
With this background, most people would agree that the people of Congo need some semblance of stability (the strict meaning of which usually excludes the violence prosecuted by countries and multinationals pillaging Congo’s rich minerals and timber). But must electoral justice and political stability be mutually exclusive? Several colleagues, working in support of the Congolese election management body, CENI, have expressed their shock and disbelief at the swapping of the presidential results and the manipulation of the legislative vote. These are colleagues who are hardened electoral experts – they have seen it all, from Cambodia to Afghanistan and everything in between.
Most people would agree that the people of Congo need stability (the strict meaning of which usually excludes the violence prosecuted by countries and multinationals pillaging Congo’s rich minerals and timber). But must electoral justice and political stability be mutually exclusive?
In our conversations, I have sought to understand why the Congolese case gets them more perturbed than say, Kenya or Zimbabwe – places in which they recently worked. It is clear that it is because the game played by Kabila deviated from the usual script. These international organizations, complicit in aiding theft in favour of incumbents or their anointed successors, cannot relate to a situation where an incumbent does this in favour of an opposition candidate.
As one of my colleagues said to me, “The difference is that in Kenya, it was not as blatant, there was no paper trail.” I should have been shocked to hear this, that the Kenyans were more adept at creating a farce of an electoral process than the Congolese. What many of these colleagues of mine do not understand is that the end game is the same. In both cases, the will of the people was subverted. For the diplomats and international organizations, their private outrage was that the Congolese were too obvious in their deceit. Perhaps even more outrageous was that Kabila had excluded them from his game plan. They were checkmated with the rest of us. They were not among the usual plotters of the game plan. They were prepared to make a case for how the ruling party had won, because of the power of incumbency, the divisions among the opposition and the sheer constructed tyranny of numbers. They were not prepared for what author and journalist Charles Onyango-Obbo dubbed the ‘Kabila Method’. It partly explains why contradictory statements were issued by the African Union, SADC and some European capitals, in support of the legitimate winner of the race, Martin Fayulu, before capitulating and vowing to work with President Felix Tshisekedi.
I have sought to understand why the Congolese case gets my colleagues more perturbed than say, Kenya or Zimbabwe…It is because the game played by Kabila deviated from the usual script.
If elections are indeed ritual processes to confirm the incumbents or their chosen successors, then why should we invest our hopes, blood, emotions and resources in them? Would we not be best served by monarchs such as those in Morocco and Saudi Arabia? According to several sources, and data collected by ACE African countries rank among the highest in spending on organizing elections. (This does not include campaign financing, for which the United States is off the charts.) Curiously, the higher the amount of money handed over to the ‘independent’ election management body, the lower the country ranks in the Democracy-Index maintained by The Economist.
It is estimated that in 2017 Kenya spent $ 25.4 per registered voter (not including the repeat 26 October 2017 presidential election, petitions and by-elections) and ranks 98 out of 167 states in the Democracy-Index. Botswana ranks 28th in the Index and spends an average of $2.07 per voter, although this may increase in 2019 if the country proceeds with the use of Electronic Voting Machines (EVMs).
[International observers] were prepared to make a case for how the ruling party had won, because of the power of incumbency, the divisions among the opposition and the sheer constructed tyranny of numbers. They were not prepared for what author and journalist Charles Onyango-Obbo dubbed the ‘Kabila Method’.
African leaders are getting more emboldened in methods of securing legitimacy, even amidst blatant electoral theft. They know that they can rely on the African Union and other regional organizations such as IGAD and SADC to issue observation reports lauding their illegitimate electoral processes. Prime Ministers, Presidents (sometimes sprinkling onto their official delegations, erstwhile opposition leaders, recent victims of electoral theft now co-opted by the incumbent) will troop to their inauguration ceremonies. They can count on the United Nations to issue statements congratulating the people “for voting peacefully” (as if voters were ever the problem) and taking note of the decisions of the ‘constitutionally established institutions’, even when their own staff have concrete evidence of the foul play and state capture of these institutions.
These leaders are aware that they can use excessive violence and repression to silence their opponents with impunity. And if this does not work out, they will buy off the opposition with the proverbial thirty pieces of silver and repeat the charade in the next electoral cycle. Or they will promise their victims that, in joining government, the same system that rigged them out could well rig them in, next time. Which begs the question of why we spend billions on elections. Why do we put ourselves through the emotional wringer to end up with leaders we did not choose? Why participate in a charade that ends up keeping the political barons, as former Chief Justice Willy Mutunga calls them, in power?
Electoral disillusionment is not unique to Africa. One could argue that there exists today a global democracy deficit as acute in Europe and North America as it is in Africa. Political scientist Larry Diamond has produced many publications on the subject of ‘democratic recession’. Many more researchers have studied in detail whether democracy is in retreat or not. It is however safe to say that what we have recently seen in Latin America, the US, and Europe is a backlash against leftist policies that pushed the middle class to the edge, with leaders, perceived as unrepresentative and out of touch, playing xenophobic dog-whistle politics with immigrants. Many of these countries have ended up electing populist, nationalist and right-wing leaders, who as expected have not provided solutions to their woes but rather introduced divisive and polarizing politics and policies.
Electoral disillusionment is not unique to Africa. One could argue that there exists today a global democracy deficit as acute in Europe and North America as it is in Africa.
While one could question the quality of the electoral processes in these countries, these leaders are not in power because election results were swapped blatantly, either electronically, as was in Kenya, or manually as in the DRC. It is also evident that, as was the case in the mid-term elections in the US, voters are still determined to organize and repudiate values that they deem not representative of their views. The fact that a 70-year tradition of habitually low voter turn-outs was broken – turn-out was a record 60 percent, yielding the most diverse (youth, women, Muslims) US Congress ever – holds hope for electoral democracy elsewhere. Social movements are growing in Slovakia, Romania and even in Poland to push back against these populist tendencies.
There are examples galore in Africa of what happens when people lose hope in electoral democracy— a system – a strict definition is worth restating in these strange times – in which citizens, through universal suffrage, choose and replace their leaders in regular, free, fair, and meaningful elections. This stands true even in cases where there is a façade of democracy created by the autocrats, such as Kenya. From Algeria to Zimbabwe, political changes have taken place, mostly peacefully through social and political movements. Whether in Burkina Faso or The Gambia, citizens have proven their will and capacity to alter their political fate.
Electoral democracy requires patience and hard work, both of which are acutely deficient, especially as we fall victim of the establishment’s distractions. For now in Kenya, the ‘Ruto Bogeyman’ has been created. Instead of spending time nurturing alternative leadership, the public has consented to being used as State House’s battering ram against him. It’s worth recalling that between 2013 and 2017, we were subjected to the ‘Raila Bogeyman’ regime campaign. We have long forgotten about demanding a public inquiry into the 2017 electoral fiasco – or the 2013 debacle. Those who managed the 2017 electoral thuggery continue to receive public funding and tour the world in the name of exporting “lessons learned” from their experience of managing two presidential elections in less than a year! We are collectively distracted by the smoke and mirrors ‘fight’ against graft. We have even signed on to blaming the judiciary for its handling of poorly prosecuted corruption cases designed to fail. Our social media platforms still have messages appealing for unity against terrorists, without questioning why Al-Shabaab successfully targets Kenyan towns and cities, and fails to do so against Addis Ababa whose troops have been in Somalia longer than us. We even get to spend time celebrating or bemoaning (depending on your political stripe) that Cabinet Secretary Fred Matiang’i is now empowered to coordinate the achievement of the government’s agenda while all along his official title reads exactly that (CS, Interior and Coordination of National Government).
It is tempting to write off electoral democracy in Kenya, especially now. However, there may be still room to begin laying the foundations for overturning the ‘faux democracy’ of the past 50 years. It might be tempting to focus only on de-registering ourselves from the IEBC’s voters roll, which anyway by law needs to be discarded and a new voter registration process to be initiated before the 2022 election.
We owe it to our children to do more than this. To play our role in shaking the current system that has been controlled by the dynasties and elite political ‘barons’ for the past five decades. It requires organizing around a movement that advocates for a different type of leadership – a Third Liberation, if you will. This is an arduous task, requiring time and dedication. It requires going back to the basics of defining the kind of leadership we deserve as a people to end impunity, theft of public resources, to protect our environment and to guarantee public safety and security for all. This is possible. It has been done before in Kenya, with varying levels of success, and it can be done again.
We owe it to our children to do more than this. To play our role in shaking the current system that has been controlled by the dynasties and elite political ‘barons’ for the past five decades. It requires organizing around a movement that advocates for a different type of leadership – a Third Liberation, if you will.
But even as we chart this path, we must remember to hold the leaders of these movements accountable to the people. Most of today’s autocrats in Africa were yesterday’s defenders of democracy. Yoweri Museveni of Uganda toppled the Tito Okello military dictatorship 33 years ago; today, he ranks among Africa’s longest serving despots. In Guinea, President Alpha Condé, a long-time opposition leader, became the first democratically elected president in 2011 and appears to be preparing to remove term limits in addition to his ongoing repressive tendencies against his opponents. In Cote d’Ivoire, the hope that Alassane Dramane Ouattara embodied has long been replaced by the very same tactics of his predecessor Laurent Gbagbo. Closer home, one of the prominent leaders of the ‘second liberation’ Rt. Hon. Raila Odinga and the ‘Young Turks’ have joined forces with the ruling Jubilee Party to undermine the same values and aspirations they allegedly fought to protect.
The journey to real change, to electoral democracy, must advance by the dismantling of the entrenched structures that enable the rise of populism, divisive politics, corruption and impunity. It is a journey that we as a nation have really not yet begun. The jury is still out on how far we shall proceed before we are enjoined in the distractions set up by the political ‘barons’ and the dynasties. Until then, electoral democracy is a mirage. And ours will remain selection, not election processes. Just with more pomp, more pillaging and unfortunately, more deaths.
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