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The Dam Has Broken. Time to Call Jubilee Plunder What It Is

To budget anything from a quarter to a third of the country’s annual GDP for stealing — to then borrow it, steal it, feign outrage, compromise parliament, and diffuse public anger with ineffectual corruption investigations, again and again and again – defies corruption. It is a crime against humanity.

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The Dam Has Broken. Time to Call Jubilee Plunder What It Is
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The debut of this column in the E Review grappled with the Jubilee administration’s profligate spending. As it happens, dams were one of the big red flags that popped up. Records show that during its first term, the Jubilee administration spent upwards of KSh 160 billion on water and irrigation projects. These Arror and Kimwarer dams are costed at KSh 51 billion — let us say KSh 26 billion on average. The KSh 160 billion spent works out to at least six of these dams completed, or alternatively at least double that number under construction. And KSh 26 billion is a huge amount of money for a dam. Thika Dam, commonly known as Ndaka-ini, our biggest reservoir for drinking water to date, cost US$80 million in the early `90s, equivalent of US$140m (i.e. adjusted for dollar inflation) or KSh 14 billion today. These dam budgets are telling us that the cost of building dams has doubled in dollar terms, or that we are building infinitely grander dams. Neither is the case.

We now know for sure that there were no dams built. This mindless plunder is replicated in virtually every sector. The budget records show KSh 280 billion on power transmission lines, enough for 6,000 kilometres of 400 Kv lines (based on the cost of Marsabit-Suswa line), but information posted by KETRACO, the agency responsible for building them, shows only 2800 km of lines under construction, whose total cost is at most KSh 100 billion. We are talking KSh 180 billion missing, an amount, I should add, of the same order of magnitude as the Eurobond money that the Auditor General could not find.

Overall, records show that KSh 2.5 trillion went through the development budget during Jubilee’s first term. The biggest ticket item here is the SGR railway which cost KSh 350 billion. The remaining KSh 2.15 trillion works out to KSh 45 billion worth of development projects per county. The money available to county governments over the same period would have enabled expenditure on average of KSh 6 billion on development projects. In effect, we should be seeing six times more national government development projects in each county as county government ones.

We now know for sure that there were no dams built. This mindless plunder is replicated in virtually every sector. The budget records show KSh 280 billion on power transmission lines, enough for 6,000 kilometres of 400 Kv lines …but information posted by KETRACO, the agency responsible for building them, shows only 2800 km of lines under construction, whose total cost is KSh 100 billion. We are talking KSh 180 billion missing, an amount, of the same order of magnitude as the Eurobond money that the Auditor General could not find.

Makueni county built a 200-bed Mother and Child hospital for a princely sum of Ksh. 135m. Kibra MP Ken Okoth built and equipped a girl’s secondary school that’s been all the rage for Ksh. 48m. A hospital like Makueni’s in every county is KSh 6.4 billion; a girls school like Kibra’s in every constituency, KSh 14 billion. Both combined add up to just over KSh 20 billion — about the money that has already been spent on the ghost dam projects. If national government has spent KSh 45 billion per county on development projects these two projects would not be the talk of the country. There would be the equivalent of 300 Mother and Child hospitals in every county or alternately, 150 Kibra girls schools in every constituency.

Galana-Kulalu Irrigation project is on its death-bed. It is not yet known how much money has gone down that drain. One senior Jubilee official said to me that it is their Goldenberg, to which I quipped that the competition for that dubious appellation would be strong. The last mile connectivity project was one of Jubilees flagship projects: over 800,000 connections are dormant. The connected households have never switched on the power. This should not surprise. Most of these households cannot afford electrical appliances other than a few lightbulbs that they would use only for three or four hours a day. It would have been infinitely more sensible and cost effective to mandate the Rural Electrification Authority to serve these rural hamlets with micro-grids and stand-alone domestic solar installations. The Kenya Power and Lighting Company (KPLC) is now weighed down with the costs of maintaining these loss-making connections. These costs have to be passed on to consumers. And this is over and above the costs of carrying the excess generation capacity courtesy of the equally hare-brained if-we-build-it-they will come 5000 MW drive that has now been abandoned. It has been a long climb for KPLC to recover from the plunder of the Moi regime.

Makueni County built a 200-bed Mother and Child hospital for the princely sum of KSh 135 million. Kibra MP Ken Okoth built and equipped a girl’s secondary school that’s been all the rage for KSh 48 million. A hospital like Makueni’s in every county is KSh 6.4 billion; a girls school like Kibra’s in every constituency, KSh 14 billion. Both combined add up to just over KSh 20 billion — about the money that has already been spent on the ghost dam projects.

This week, we have been entertained by the mysterious disappearance of 51 million litres of aviation fuel worth KSh 5 billion from the tanks of the Kenya Pipeline Company. This follows from a report that KPC lost 23 million litres worth Ksh 2.3 billion in 15 months. Even for the KPC, historically one of the most profitable and cash-rich public enterprises, a KSh 7 billion hole is a crippling loss. When Jubilee took over, the project on the table was to upgrade the 14-inch pipeline with a 16-inch one at a cost of KSh 16 billion. Jubilee scaled this up to a 20-inch one at a cost of KSh 48 billion, three times the mooted cost. The pipeline was to be completed in 18 months — by 2016 that is. Costs have escalated, and it is still not complete. It has been reported that the corruption investigation in KPC covers 27 projects worth KSh 95 billion. Most of this money is expensive foreign commercial loans. It’s hard to see how KPC can remain solvent. We are looking at another black hole here of the same order of magnitude as Kenya Airways, if not bigger.

The mother of all Jubilee financial blackholes is indisputably the SGR. According to Compass International, an engineering and construction consultancy, the benchmark cost for a new single-track high speed rail at between US$997,000 and US$ 1.13m per km, plus cost of signaling infrastructure at between US$154,700 and US$189,000 for a total of US$1.15 million to US$1.3 million The SGR is not an electrified high-speed rail, but we paid $6.7m per km, five times the high end of the benchmarking cost.

Galana-Kulalu Irrigation project is on its death-bed. It is not yet known how much money has gone down that drain. One senior Jubilee official said to me that it is their Goldenberg, to which I quipped that the competition for that dubious appellation would be strong.

After years of denial, a government task force has established that the SGR is not viable. The SGR was sold on bringing down the cost, and improving the efficiency, of freight. According to the said task force, the SGR has increased the cost of transporting a 20-foot container by 118 percent, from $650 (Ksh. 65,000) by road, to US$1,420 (Ksh. 142,000) and by 149 percent for a 40-foot container from $850 (Ksh. 85,000) to US $2,120 (Ksh. 212,000).

There are two components in this cost escalation. First, the SGR tariff is set to try and repay the loans. Even then, the SGR is yet to cover operating costs, let alone generate an operating surplus that can service debt. Secondly, the SGR has introduced additional costs notably “last mile” cost of transporting containers from the railway terminal to the owners premises, as opposed to trucking which is port-to-door, as well as additional container handling logistics. These challenges of integrating rail and seaport are universal, and are part of the reason why the rail share of freight in the EU has declined from over 40 percent in the 70s to less than 20 percent today.

Even for the Kenya Pipeline Company, one of the most profitable and cash-rich public enterprises, a KSh 7 billion hole is a crippling loss. When Jubilee took over, the project…to upgrade the 14-inch pipeline with a 16-inch one at a cost of KSh 16 billion. Jubilee scaled this up to a 20-inch one at a cost of KSh 48 billion, three times the mooted cost. The pipeline was to be completed in 18 months – by 2016 that is. Costs have escalated, and it is still not complete.

The long and short of it is that SGR is increasingly demonstrating what this columnist and others have maintained from the outset— that it is a white elephant. Without being forced, people would not use it. And if it were to charge a competitive tariff, it is doubtful that it would keep the trains running, let alone service its debt. I have opined before that the least costly option may be to mothball it, seeing as the debt will be paid by the taxpayer, we should not be made to pay four times namely, the debt, operational subsidy, higher freight cost and trucking industry jobs and incomes. The next best thing is to take over the debt, cancel the Chinese management contract and leave it to swim or sink in the market place under the management of Kenya Railways. The only beneficiary of this project is China. It is doubtful that the Jubilee administration can muster the resolve to bite the bullet on this one. So we will continue to bleed.

After years of denial, a government task force has established that the SGR is not viable. The SGR was sold on bringing down the cost, and improving the efficiency, of freight. According to the said task force, the SGR has increased the cost of transporting a 20-foot container by 118 percent, from $650 (Ksh. 65,000) by road, to US$1,420 (Ksh. 142,000) and by 149 percent for a 40-foot container from $850 (Ksh. 85,000) to US $2,120 (Ksh. 212,000).

This is Uhuru Kenyatta’s legacy as it now stands. Mindless plunder and worthless vanity projects—a US$ 25 billion (Sh. 2.5 trillion) hole in the economy and counting, and contingent liabilities, financial booby traps if you like, Kenya Airways, Kenya Pipeline, Kenya Power and others we don’t know of yet, that could go off at any minute.

This is Uhuru Kenyatta’s legacy as it now stands. Mindless plunder and worthless vanity projects—a US$ 25 billion (Sh. 2.5 trillion) hole in the economy and counting.

The penny is beginning to drop, and sections of the regime are now beginning to talk about a turn-around strategy that can salvage the President something of an economic legacy. They have their work cut out. Economic crises of this nature are not solved by the same people who created them. Ethiopia’s EPDRF government came to this realisation about a year ago. Ethiopia was headed for a revolution such as unfolding next door in Sudan. Former Prime Minister Hailemariam Desalegn has recently intimated that he resigned to make it easier for the regime to reform. So far, the bet on a leadership change is paying off, even though the new Prime Minister’s magic touch is yet to be tested on the inevitable painful economic reforms. The political honeymoon also appears to be ending.

The penny is beginning to drop, and sections of the regime are now beginning to talk about a turn-around strategy that can salvage the President something of an economic legacy. They have their work cut out. Economic crises of this nature are not solved by the same people who created them.

The rapprochement between Kenyatta and Raila Odinga a year ago, popularly known as the “handshake” offered an opportunity to engineer something similar. But as soon as they pledged to build bridges, Kenyatta set off to burn them. A year later, no-one seems to know where it is headed, other than hazy talk of a referendum, and holding the political ground as Kenyatta prosecutes yet another hypocritical and inept anti-corruption war, as opportunistic as it is ineffectual. With toxic succession politics in full throttle, it is difficult to see how resolve and focus on radical economic reform can be mustered.

Amidst the entire dam hullabaloo, there was a small event last week that did not attract much attention. The cornered Treasury CS took time out from his daily commute to the Directorate of Criminal Investigations to launch a private external audit of the Eurobond funds commissioned by the Treasury. No prizes for guessing that the audit sees no evil. External audit is an exclusive constitutional mandate of the Auditor General. We all witnessed the President staring down the Auditor General on his special audit ordered by parliament. It has yet to see the light of day. The national government’s audit for the year remains qualified. There is no country where questions can be raised about two billion dollars of public money, and the president of the country acts about it as nonchalantly as Kenyatta has, unless there is direct complicity with the thieves. Malaysia’s 1MDB and Mozambique’s Tuna sovereign bond frauds have unravelled. This one will too, in the fullness of time. Kenyatta has plenty of reason to want to extend his influence beyond his term of office.

To plunder the way the Jubilee administration has, it has had to raze the public financial management system to the ground. Without public financial accountability, there is no government, no economy, no country. To budget anything from a quarter to a third of the country’s annual GDP for stealing — to then borrow it, steal it, feign outrage, compromise parliament, and diffuse public anger with ineffectual corruption investigations, again and again and again – defies corruption. It is a crime against humanity.

Yes, the economy is crumbling, but its turnaround is not the priority. Getting rid of this monster called Jubilee is.

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David Ndii

David Ndii is one of Kenya's leading economists and public intellectuals.

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Khashoggi Murder: Is There a Double Standard at the United Nations?

The UN’s silence on Khashoggi’s much-publicised murder was surprising for many because his killing had created shockwaves globally, not only because it had occurred inside an embassy but also it had apparently been carried out in a cruel medieval manner that entailed torture and dismembering of body parts.

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Khashoggi Murder: Is There a Double Standard at the United Nations
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In June this year, Agnes Callamard, the United Nations rapporteur on extrajudicial, summary or arbitrary executions, made a startling statement that is not usually heard within the hallowed chambers of the UN. Not only did she implicate a rich member state in the killing of the Saudi journalist and Washington Post columnist Jamal Khashoggi, she also castigated the UN for not doing enough to address the issue.

Callamard told the UN Human Rights Council, whose members include Saudi Arabia, that Khashoggi’s murder “constituted an extrajudicial killing for which the State of the Kingdom of Saudi Arabia is responsible”, implying that Saudi prince Mohamed bin Salman, the de facto head of the Saudi kingdom, may have played a crucial role in the brutal murder of the journalist at the Saudi consulate in Istanbul in October 2018. She also criticised the UN Secretary-General Antonio Guterres for failing to demand accountability for the murder of the journalist, adding that “the silence of this intergovernmental body and lack of measures were a disservice to the UN and to the world”. (Although Callamard reports to the UN, she is not a UN staff member.)

The UN rapporteur argued that because the UN has remained quiet on the killing of the journalist, who had been a critic of the regime in Saudi Arabia, it has put at risk the lives of all journalists and has violated its own mandate to protect freedom of speech and expression. Journalists and human rights activists around the world had said that the killing of the journalist was a direct assault on freedom of the press. She called on the UN and its member states to carry out an international criminal investigation on the murder.

The UN Secretary-General responded that the only way to carry out such an investigation was through a UN Security Council resolution sanctioned by the Council’s five permanent members, namely the United States, Britain, France, Russia and China. However, this is highly unlikely because at least one of these members – the United States – has been reluctant to push investigations into the murder further. President Donald Trump, who is more keen on selling arms to Saudi Arabia rather than on ensuring that human rights are respected, has been lukewarm about Khashoggi’s murder, and has even hinted on several occasions that doing business with the Saudis is more in the US national interest than ensuring that justice for Khashoggi is done. Callamard claims that the US government did little to assist her investigation, and that she was not granted access to the CIA or the US Department of Justice.

The UN Secretary-General responded that the only way to carry out such an investigation was through a UN Security Council resolution sanctioned by the Council’s five permanent members, namely the United States, Britain, France, Russia and China

The UN’s silence on Khashoggi’s much-publicised murder was surprising for many because his killing had created shockwaves globally, not only because it had occurred inside an embassy but it had apparently been carried out in a cruel medieval manner that entailed torture and dismembering of body parts. The fact that his body has not been found to this day also suggests that perhaps it was burnt beyond recognition or has been buried in a secret location.

Callamard’s call to make the Saudi regime accountable for Khashoggi’s death has largely fallen on deaf ears, with the Saudis insisting that they have carried out their own investigations and that the culprits are facing trial. No one quite believes that these trials are actually being conducted by impartial courts or if even they are, whether the suspects are actually the ones who carried out the killing, which was conducted in hit squad manner that could only have been sanctioned by the highest echelons of the Saudi government. One right-hand man of Prince Salman is widely believed to have overseen the murder but is not among those being prosecuted. Callamard says she received no cooperation from Riyadh when she conducted her investigations, and that Saudi officials have been largely opaque about the case.

It is possible that Callamard is unaware of the limitations of the UN or how international diplomacy works? Or maybe she believes that in her role as an impartial UN rapporteur she can push the international community to do the right thing.

What most people don’t realise is that the UN may appear to be a neutral, independent body, but its decisions have always been influenced by its most powerful and influential member states, who almost always have their way when it comes to handling international crises. For instance, the United States did not seek UN Security Council approval before invading Iraq in 2003, nor did the UN reprimand the US for taking this illegal action.

People also forget that a sizeable number of the UN’s 193 member states are dictatorships or repressive regimes that do not care much for human rights. Freedom of expression is not on top of the agenda of influential member states like China and Russia, for instance. So, as the setter or moral or ethical international standards, the UN is hardly the place to go.

It is possible that Callamard is unaware of the limitations of the UN or how international diplomacy works? Or maybe she believes that in her role as an impartial UN rapporteur she can push the international community to do the right thing.

In the Khashoggi case, Saudi Arabia, a big donor to the UN and a key ally of the UN’s biggest contributor, the United States, will do all it can to prevent an international criminal investigation. Saudi Arabia has already said that it will reject any attempt to undertake an international inquiry. The kingdom’s main allies, the United Arab Emirates, Bahrain and Egypt, have also rejected Callamard’s 101-page report, which does not mince words when naming those who were most culpable for the murder of Khashoggi.

Hush money

Why have the UN and the US remained silent on this issue? Well, partly because Saudi Arabia has bought their silence. The US is keen to keep its relationship with one of the biggest buyers of US-made arms and military hardware, hence the lukewarm response to the murder. And the fact is that the UN Security Council’s five veto-holding permanent members have never really been committed to world peace because wars keep their military industrial complexes going. These countries are the largest manufacturers and suppliers of arms. When wars occur in far-off places, arms manufacturers in these countries have a field day. Wars in former French colonies in Africa keep France’s military industrial complex well-oiled. Wars in the Middle East are viewed by British and American arms manufacturers as a boon for their arms industries.

If there were no wars in the world, the arms industry would have fewer or no customers. It is no surprise then that Donald Trump’s first foreign visit was to Saudi Arabia, which has been buying billions dollars-worth of arms from the United States for decades. Arms from the US have fuelled Saudi Arabia’s ongoing war in Yemen. Thus Saudi officials were neither embarrassed nor dismayed when Trump held up a placard showing the newest weapons his Saudi clients could get their hands on and use in their campaign in Yemen. The connection between military sales and silence on human rights violations became acutely visible in that particular photo opportunity.

In a world where nuclear disarmarmament deals are casually broken by the President of the United States because he has a feud with Iran, the UN remains a paralysed specatator. It has nothing to say, nothing to contribute. No pressure is placed on the United States – which contributes up to a quarter of the UN’s budget – to rethink its policies. There are no press releases issued on the dangers that the cancellation of the deal will pose to world peace.

On the contrary, wars and other disasters provide the UN an opportunity to fund-raise. The UN’s campaign in Yemen, for example, is not about ending the war, but raising donations for the millions who are suffering as a result of the Saudi-led war. Wars and other calamities fuel various United Nations agencies, including the refugee agency UNHCR and the World Food Programme, whose coffers get quickly filled when disaster strikes, which enable their employees to continue earning hefty tax-free salaries.

The UN is also not keen not to upset a key US ally and a big contributor to its coffers. Saudi Arabia uses its vast oil wealth to cover up its crimes. In March 2018, for example, the UN received nearly $1 billion from the Saudi prince as a donation towards the UN’s efforts at alleviating a humanitarian crisis in Yemen – a crisis that would not have occurred if the Saudis had not bombed Yemen in the first place. The war in Yemen has killed several thousands of people and created a humanitarian crisis in which more than 20 million people are in need of basic supplies.

Saudi Arabia – the perpetrator of this war crime – is now trying to be the face of compassion in Yemen. The donation was a great photo opportunity for the prince, who was seen giving the money to a smiling UN Secretary-General at the UN’s headquarters in New York. Antonio Guterres did not use the opportunity to urge the prince to stop the onslaught against the Yemenese people. In fact, the UN has remained rather muted throughout the crisis in Yemen, and only speaks out when soliciting for donations for the traumatised Yemenese population.

And in 2016, after a leaked UN report on children’s rights violations became public, the then UN Secretary-General Ban Ki-moon admitted to removing Saudi Arabia from a list of countries that had violated children’s rights. This admission shocked the world but did not result in the resignation of the Secretary General.

Hush money has bought the UN’s silence on human rights violations that the Saudi state has committed against the people of Yemen and against its own citizens, including women who are jailed for breaking Saudi Arabia’s draconian laws that punish female car drivers and torture those who dare defy the regime. Ironically, Saudi Arabia even has a seat at the UN Human Rights Council, which has left many human rights defenders equally amazed and disgusted.

That is how international diplomacy works at the UN. Keep quiet when big donors violate human rights, but be vocal about violations committed by small, insignificant countries whose voices are drowned out at the UN Security Council and other UN bodies. Talk about women’s rights in Afghanistan but keep quiet about torture chambers in Saudi Arabia. Scold a poor country like Liberia for not doing enough for children’s education, but ignore the plight of children who are sexually abused or trafficked in the United States. Castigate former child soldiers from Uganda or the Congo for crimes against humanity but ignore the war crimes and mass murders ordered by President George Bush and Prime Minister Tony Blair in Iraq.

If anyone still has any doubt that the UN is fair and impartial, its response to Khassoggi’s murder should lay to rest any such illusions.

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War Games: The Truth behind the Government’s Sudden Attack on the Sports Betting Industry

It thus appears that the assault on the betting companies, far from being a general money-laundering investigation, is actually part of the weaponisation of anti-corruption to take down the said well-moneyed senior politician.

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War Games: The Truth behind the Government’s Sudden Attack on the Sports Betting Industry
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For a government that has earned a reputation for its lackadaisical approach to matters corruption—other than those of its political enemies, that is—the resolute assault it has launched on the sports betting companies is intriguing. According to media reports, it was triggered by the Betting and Licensing Control Board writing to the Financial Reporting Centre asking for an investigation into money laundering in the industry. The Financial Reporting Centre is the unit of the Central Bank responsible for money laundering surveillance.

This sequence of events is suspect. Kenya’s reputation as a money-laundering hotspot is well documented, and the government has been under considerable pressure from the United States government to clean up for a long time. One of the deals underpinning the Jubilee government’s rapprochement with President Obama was a commitment to join the Egmont Group, a multinational collaborative platform for combating money laundering and terrorism financing. The 2019 International Narcotics Control Strategy Report submitted to the United States Congress by the country’s Bureau of International Narcotics and Law Enforcement Affairs notes that “despite some progress, Kenya has not fulfilled all of its commitments to join the Egmont Group.”

For a government that has earned a reputation for its lackadaisical approach to matters corruption—other than those of its political enemies, that is—the resolute assault it has launched on the sports betting companies is intriguing. According to media reports, it was triggered by the Betting and Licensing Control Board writing to the Financial Reporting Centre asking for an investigation into money laundering in the industry.

The point here is that it is difficult to believe—given America’s intense interest in this matter—that the betting industry has not been on the government’s anti-money laundering radar all along, especially because some of the industry’s foreign investors have been cited in connection with money laundering by the American government. This being the case, it stands to reason that the government could have opened an anti-money laundering investigation on the betting companies without much ado. Few would have been surprised. And it is quite unusual for sanctions to be meted out as part of an investigation, because as far as we know, there is as yet no determination that individual betting companies have been found culpable. Even money-launderers who are operating legally are entitled to due process.

It becomes even more confounding when the government speaks from both sides of the mouth. President Uhuru Kenyatta has been quoted maintaining that the investigation is purely a tax compliance matter: “Some betting firms have been hoarding taxes but we have managed to push them to pay and we will continue doing so. Those in the betting companies are our friends but we have to agree the government must get its rightful share to build cultural centres and other developments.” It is noteworthy that among the local investors profiled since the onslaught began are prominent establishment figures who featured prominently in Jubilee election campaign financing.

First, just how big is this industry? A government investigation reported the industry turnover at Sh200 billion a year. It is also reported that there are 12 million mobile phone-based betting accounts. But according to the Finaccess 2019 survey report, 1.9 per cent of adult Kenyans participate in sports betting. The Finaccess survey tracks financial inclusion, and is conducted once every two years by the Kenya National Bureau of Statistics in partnership with the Central Bank of Kenya and the Financial Sector Deepening (FSD) Trust. The 2019 survey was administered on a nationally representative sample of 11,000 households.

The figure of 1.9 per cent of adult Kenyans translates to 500,000 people. This in turn suggests that on average, punters spend Sh400,000 per year, or Sh33,300 per month on betting. The average annual wage in 2018, as reported in the Economic Survey, was Sh730,000. If we assume that the punters are spread across the income spectrum, that is, they are not concentrated in the high income groups, it would suggest that punters are spending more than half their income on gambling. This does not seem plausible.

It becomes even more confounding when the government speaks from both sides of the mouth. President Uhuru Kenyatta has been quoted maintaining that the investigation is purely a tax compliance matter

The Sh200 billion turnover is also inconsistent with the national economic data. The turnover of an industry corresponds to the gross output of a sector in the production accounts. A gross output of Sh200 billion would be significant considering that it is larger than that of “accommodation and food services” which captures the entire tourism, domestic, hospitality and restaurant services. As per the International Standard Industrial Classification (ISIC) the betting economy falls under the “arts, recreation and entertainment” sector. However, in the production accounts published in the Economic Survey, it is lumped together in a residual category (“other service activities”) although it is reported separately in the GDP figures (GDP is obtained by deducting intermediate inputs and indirect taxes from gross output). The gross output of “other service activities” in 2018 was Sh154 billion, less than the claimed turnover of betting alone, while the GDP for the “arts, recreation and entertainment” economy is only Sh10 billion. Either the statisticians have missed it altogether, or the Sh200 billion turnover figure is wrong.

SportPesa, reportedly the dominant firm in the industry, has published a statement disclosing its 2018 turnover as Sh20 billion. The only market share figure I could find is reported by the financial market information blog, The Kenya Wall Street, which puts SportPesa’s market share in 2016 at 76 per cent, and a small online survey of 300 respondents conducted by Linet Kwamboka of Data Science Ltd. in January 2019, in which two-thirds of the respondents gave SportPesa as their main betting platform (Betting In Kenya, a Menace or an Income?) These figures suggest an industry turnover in the Sh25 billion to Sh30 billion range.

Even this lower figure does not reconcile with the national economic data. As observed, using the “value-added” approach, the GDP is obtained by deducting intermediate inputs from gross output. In aggregate, these add up to about 45 per cent of gross output meaning that GDP is 55 per cent of gross output. That said, intermediate outputs vary a lot by sector, from 20 per cent in financial services to 70 per cent in manufacturing.

We do not know where the industry falls, but according to a data visualisation published in the Daily Nation titled A Gambling Nation: Betting dominates Kenya’s online searches, the betting industry spent Sh22 billion on advertising in 2018. Advertising expenditure would go into intermediate inputs. This outlay alone would reduce the industry’s GDP to no more than Sh8 billion, about three-quarters of the entertainment economy’s GDP. Still not credible. The advertising figures are a likely source of this inconsistency. According to the source, the total amount of spending on advertising in the country was Sh132 billion, and the main media on which it was spent were television, print and radio. But the turnover of the entire mainstream media industry in Kenya is no more than Sh25 billion, which begs the question where the Sh100 billion-plus was spent.

There is also another anomaly. Betting is said to have grown very rapidly; for instance, the Kenyan Wall Street blog reports a 2016 turnover of Sh56 billion which has supposedly grown to Sh200 billion, fourfold growth in two years. The rapid growth should reflect in the GDP. It does not. The gross output of “other services” increased by only Sh29 billion over the two years, and the entertainment sector GDP by only Sh2 billion. It does look like the statisticians are not capturing this growth in the national economic data.

An industry turnover of Sh25 billion-Sh30 billion together with the figure of 500,000 bettors estimated by Finaccess, translates to an average gambling expenditure of between Sh4,000 and Sh5,000 per month. This is a more plausible figure, and it is also in line with the figures reported by the respondents of Linet Kwamboka’s online survey. These figures are telling us that most punters spend between Sh500 and Sh1500 on betting a week—beer money, literary; the Managing Director of Kenya Breweries recently lamented that sports betting has become a serious competitor. By and large, the much-lamented gambling epidemic appears to be no more than substitution of one vice for another. No doubt there are gambling addicts, there always were, just as there are alcoholics.

SportPesa, reportedly the dominant firm in the industry, has published a statement disclosing its 2018 turnover as Sh20 billion. The only market share figure I could find is reported by the financial market information blog

We are still left with the Sh200 billion figure though. Where does it come from? The authorities have not been forthcoming on how the figure was arrived at. I see two possibilities: a purely technical accounting issue, and the money laundering dimension. The accounting issue is well illustrated by this account of The Broker, a punter who contributed to this discussion on twitter:

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Although The Broker gets the gist of it, his math is actually incorrect. His outlay of Sh10,000 generated three betting transactions totalling Sh22,000 (two Sh10,000 bets and one Sh2,000 bet) and he lost Sh7,000 not Sh8,000. The Sh7,000 is the betting company’s total revenue from his betting activity. Let us extrapolate: if we work with the Finaccess figure of 500,000 punters, the Sh. 200 billion turnover figure requires an average of Sh33,000 of betting transactions per person per month, which is within striking distance of The Broker’s figure of Sh22,000.

The Sh200 billion turnover is being buttressed by another figure, that of the 12 million betting accounts held with the mobile phone companies. If each account represented a unique customer, then those 12 million accounts would be held by half the adult population. We also know that the vast majority of bettors are the youth. The 12 million accounts figure is about the same as the total population of the 20-35 age group, which would suggest that virtually every young person has a betting account. That is a stretch and it stands to reason that some punters will have betting accounts with different companies. Still if we assume that each bettor has four accounts on average, this still translates to three million unique accounts, six times the Finaccess figure of 500,000. In its statement, SportPesa gives a figure of 700,000 visitors during the first half of 2019.

Img.2Part of this conundrum may be explained by another contribution to this debate on Twitter by one Jerry, who claims to have opened over 10,000 phantom betting accounts. Pressed to explain why, Jerry said that it was paid work. Why would betting companies pay people to open phantom accounts? The readily apparent reason is to inflate the size of the business and by so doing be able to pass off laundered monies as revenue, as would massive advertising and high profile sports sponsorships. It turns out that the betting epidemic may not be as big as it is made out to be and indeed, the Finaccess findings may be a more accurate reflection of the size of the industry.

According to a source quoted in the media, the Interior Ministry has “established that three politicians are involved in the business through proxies in the firms suspended on suspicion of money laundering”. The article goes on to report one of the issues under investigation as “whether a well-moneyed senior politician is among the shareholders of one of the big suspended firms through a company registered in a tax haven which is being used to launder money stolen from public coffers”.

No prizes for guessing who the well-moneyed senior politician is.

It thus appears that the assault on the betting companies, far from being a general money-laundering investigation, is actually part of the weaponisation of anti-corruption to take down the said well-moneyed senior politician. The vitriolic, lawless modus operandi accords with the manner in which this political warfare is being prosecuted generally. As is Uhuru Kenyatta’s statement—for the betting companies are indeed his friends who, unfortunately for them, have become collateral damage.

It is also telling, I think, that the onslaught on the betting companies has coincided with the high profile arrests and opening of prosecutions in the Arror and Kimwarer dams corruption case. Among the revelations from the investigation is that the money laundering trail led to London and Dubai—both are members of the Egmont Group.

From this we can infer that the Government was quite happy to cozy up to the industry until the William Ruto takedown opened a Pandora’s box. Hitherto, it mattered not whether the betting business is a Sh20 billion or Sh200 billion business, whether it was evading taxes, fuelling a gambling epidemic, or even laundering money for drug lords, human and wildlife traffickers and terrorist networks. You can get away with all that, and even buy protection for all of that, just as long as you steer clear of the struggle for power.

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In Memory of Chris Msando: Murder Most Foul

Mr Christopher Msando was the slain Independent Electoral and Boundaries Commission ICT manager, who was assassinated days before the disputed August 8 2017 elections.

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Dear Chris,

It has been two years since we last spoke. A lot has happened, while you have been away. Eva, Allan, Alvin and Allison miss you a lot. The agony of your mother continues to haunt us. The sorrow of your sisters, brothers and friends weighs heavily on many. But the hope of a better tomorrow still beckons. Hope that your death and that of many others was not in vain.

Let me tell you what happened after your brutal torture and murder. Your assassination was roundly condemned. Announcements made on investigations went nowhere. The 8 August 2017 elections proceeded. You remember the concerns you always raised about the electronic transmission of results? It played out in exactly the way you and others feared it would. The system froze at 8:30 pm on Election Day and what happened thereafter, remains a mystery.

The Chairman of the IEBC (Independent Electoral and Boundaries Commission) could not confirm or deny if the system had been manipulated. He gave the Glomar response. The one that brings chills down the spine, reminding one on why you paid the ultimate sacrifice. Why they permanently got rid of you. They knew you would have detected and made known the manipulation of the transmission of the presidential result. The games you had alerted the Commission to. The “tunnel” created to the servers. Those servers, which like your murderers, continue to be kept in secrecy.

I will spare you, my brother, the details of what happened thereafter. Baby Samantha Pendo is too young, to tell you of her ordeal under the security forces. Unfortunately, there are more than 100 young men and women lying closer to you with more credible testimonies than I could ever deliver. The lives lost in the pursuit of political interests. In the struggle for electoral justice. The collateral damage in the quest for political and economic control by a tiny elite – the sons of Kenya’s first President and Vice President, respectively. The reign of the dynasties and the clamor of the so-called Hustlers to find a place in the ruling class.

My brother, I know how much you cared about your work at the IEBC. So, indulge me in a bit of gossip that I know you disliked. Do you know that your position is still vacant at the IEBC? Your shoes are seemingly too big to fit. Oh, and the rest of the Commission is in shambles. I am sure you remember the Commissioner with long dreadlocks. The one you often appeared on television with to explain how the KIEMS (Kenya Integrated Election Management System) gadgets worked. Naively thinking that your honesty was enough to change a path the powers had destined years before you started your jobs. Thinking that you could out-manoeuvre ‘the system.’ The real owners of the country. She resigned before the October election.

And that young man who was hired to manage the Secretariat? That one with previous zero management experience. The one who pleaded for your director to be brought back to the Commission after he had been suspended. The one who feared that with you in charge, their plot would be foiled. The one who was among the last people you had a meeting within the office shortly before you disappeared. The one who asked you to return to the office after your television presentation. Yes, the one who was always close to the powers that be. The political class abandoned him. And do you know what happened next? Three Commissioners resigned in solidarity with the young man. I know it will come as a surprise to you that the fluent Swahili-speaking Commissioner was among those three. But your Chairman is still hanging in there, with two unlikely allies. Those two Commissioners who disrespected him the most. The ones who openly defied him all the time.

My brother, I digressed. I know you are curious to know what happened in 2018. Dr. Miguna Miguna swore in the People’s President Raila Odinga on 30 January 2018. It was one of the shortest terms in office. It lasted one month, for he voluntarily gave it up on 9 March 2018. The country was perplexed to see him shaking hands with “his brother” President Uhuru Kenyatta at Harambee House. In the Kenyan style of avoidance disorder, we resorted to humor and labelled it a Handcheque. The country was told that the journey to Canaan was still on. The crocodiles had disrupted it but that their team of experts would build bridges to deliver Kenyans to Canaan. Only if they knew how black people are currently ill-treated in Canaan, they would not dare promise us that! Millions of shillings have been spent on “collecting views” from wananchi. And yet, the report of the experts was probably finalized before they even started their rendezvous. It is the usual elite bargain. The dynasty ganging up to change the constitution to perpetuate their hold on power and the economy.

Speaking of the economy, Chris, it is in peril. According to data from the Central Bank of Kenya, as of January our total debt stood at 5.2 trillion, one of the highest in Africa giving us a debt ratio to GDP of 56%.

If it were not for the remittances from the Diaspora averaging Ksh 24 billion per month, the recently floated kachumbari bond, the bailout by the World Bank among other fiscal policies, the situation would have been worse. Corruption is at its highest peak. According to the Corruption Tracker website, the total amount of money stolen from public coffers stands at a staggering KES 8,061,872,800,000 since 2014. The intra-Jubilee Party fights have one silver lining as the different factions are competing to expose each other. Each day they wash their dirty linen in public, allowing us to have a glimpse of the extent of their theft.

Chris, I know you do not have much time to read all this. You have better company. I can imagine what it must be to listen to the Kenyan heroines and heroes of the democratic struggle who rest in peace with you. The numerous men and women murdered by the Kenyatta I and Moi regimes. Those who lost their lives in the various post-election violence episodes. Those who paid the ultimate price in the liberation struggle. But spare me a few more minutes to tell you about the latest in our political machinations.

I will invoke the name of the love of your life to get your attention. Do you remember Eva’s speech at your funeral service? It was moving and powerful. Her words, “may you not have peace”, continue to haunt us each day. Collectively as a country, we have found peace elusive. Those high-ranking politicians who tried to malign you, to cover up your assassination, many of them are now claiming that their lives are in danger. It is as if the hunter has become the hunted. Remember those who refused the services of foreign intelligence services to unravel your murder? They are now busy visiting those foreign countries in the name of capacity building to undertake investigations. Oh, my friend, Chris, I can hear your quintessential booming laughter.

You must be saddened to see the hopelessness among the youth. The unemployment rate is unsustainably high. There is a sustained gutting down of our education sector with a Cabinet Secretary who de-emphasizes university education. The running down of the health services with no respect for the nurses and doctors. The pain of farmers who have no competitive prices for their maize and yet the cartels are bringing in imports. The extra-judicial killings of young men in marginalised neighbourhoods. The depression of a nation, the devasting mental illness with the associated spike in suicides, femicides and homicides. The plunder of our environment in the race for resource extraction.

Knowing you, I must stop enumerating the problems. You were always the ultimate optimist, pragmatist and problem solver. There is no challenge that was insurmountable to you. You always defined the challenge and provided options, even on what appeared to be impossible tasks like protecting the servers!

Chris, I will finish on a rather positive note. That despite the gloom, there is hope. Young men and women are organizing on social media in ways unimaginable to those of our age. They have initiated social justice centres throughout the country to push back on extra-judicial killings. The #SwitchOffKPLC and The DeCoalonize movements are leading on fighting off the energy cartels and for environmental justice. The fledging Kenya Tuitakayo Movement, continues to unify Kenyans around common objectives. The Limuru III meeting on 7 July re-energized the calls for a grass-root based leadership to secure the leadership of the State and defend the 2010 Constitution. New political parties such as the United Green Movement, Ukweli Party, among others promise alternative leadership to the country. There is hope that the struggle for social, political and economic liberation is not in vain.

Let me stop here for now, for I know that on this second anniversary of your murder, there are many others waiting in line for your attention.

Rest in peace my brother.

My very best regards,

Miriam

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