Two obscure companies linked to Kitui South MP Rachael Kaki Nyamai were paid at least KSh24.2 million to deliver medical supplies under single-source agreements at the time the MP was chair of the National Assembly’s Health Committee, an investigation by Africa Uncensored and The Elephant has uncovered.
One of the companies was also awarded a mysterious Ksh 4.3 billion agreement to supply 8 million bottles of hand sanitizer, according to the government’s procurement system.
The contracts were awarded in 2015 as authorities moved to contain the threat from the Ebola outbreak that was ravaging West Africa and threatening to spread across the continent as well as from flooding related to the El-Nino weather phenomenon.
The investigation found that between 2014 and 2016, the Ministry of Health handed out hundreds of questionable non-compete tenders related to impending disasters, with a total value of KSh176 billion including three no-bid contracts to two firms, Tira Southshore Holdings Limited and Ameken Minewest Company Limited, linked to Mrs Nyamai, whose committee oversaw the ministry’s funding – a clear conflict of interest.
Although authorities have since scrutinized some of the suspicious contracts and misappropriated health funds, the investigation revealed a handful of contracts that were not made public, nor questioned by the health committee.
Mrs Nyamai declined to comment for the story.
Nyamai has been accused by fellow members of parliament of thwarting an investigation of a separate alleged fraud. In 2016, a leaked internal audit report accused the Ministry of Health — colloquially referred to for its location at Afya House — of misappropriating funds in excess of nearly $60 million during the 2015/2016 financial year. Media stories described unauthorized suppliers, fraudulent transactions, and duplicate payments, citing the leaked document.
Members of the National Assembly’s Health Committee threatened to investigate by bringing the suppliers in for questioning, and then accused Nyamai, the committee chairperson, of blocking their probe. Members of the committee signed a petition calling for the removal of Nyamai and her deputy, but the petition reportedly went missing. Nyamai now heads the National Assembly’s Committee on Lands.
Transactions for companies owned by Mrs Nyamai’s relatives were among 25,727 leaked procurement records reviewed by reporters from Africa Uncensored, Finance Uncovered, The Elephant, and OCCRP. The data includes transactions by eight government agencies between August 2014 and January 2018, and reveals both questionable contracts as well as problems that continue to plague the government’s accounting tool, IFMIS.
The Integrated Financial Management Information System was adopted to improve efficiency and accountability. Instead, it has been used to fast-track corruption.
Hand sanitizer was an important tool in fighting transmission of Ebola, according to a WHO health expert. In one transaction, the Ministry of Health paid Sh5.4 million for “the supply of Ebola reagents for hand sanitizer” to a company owned by a niece of the MP who chaired the parliamentary health committee. However, it’s unclear what Ebola reagents, which are meant for Ebola testing, have to do with hand sanitizer. Kenya’s Ministry of Health made 84 other transactions to various vendors during this period, earmarked specifically for Ebola-related spending. These included:
- Public awareness campaigns and adverts paid to print, radio and tv media platforms, totalling at least KSh122 million.
- Printed materials totalling at least KSh214 million for Ebola prevention and information posters, contact tracing forms, technical guideline and point-of-entry forms, brochures and decision charts, etc. Most of the payments were made to six obscure companies.
- Ebola-related pharmaceutical and non-pharmaceutical supplies, including hand sanitizer
- Ebola-related conferences, catering, and travel expenses
- At least KSh15 millions paid to a single vendor for isolation beds
Hacking the System
Tira Southshore Holdings Limited and Ameken Minewest Company Limited, appear to have no history of dealing in hygiene or medical supplies. Yet they were awarded three blanket purchase agreements, which are usually reserved for trusted vendors who provide recurring supplies such as newspapers and tea, or services such as office cleaning.
“A blanket agreement is something which should be exceptional, in my view,” says former Auditor-General, Edward Ouko.
But the leaked data show more than 2,000 such agreements, marked as approved by the heads of procurement in various ministries. About KSh176 billion (about $1.7 billion) was committed under such contracts over 42 months.
“Any other method of procurement, there must be competition. And in this one there is no competition,” explained a procurement officer, who spoke generally about blanket purchase agreements on background. “You have avoided sourcing.”
The Ministry of Health did not respond to detailed questions, while Mrs Nyamai declined to comment on the contracts in question.
Procurement experts say blanket purchase agreements are used in Kenya to short-circuit the competitive process. A ministry’s head of procurement can request authority from the National Treasury to create blanket agreements for certain vendors. Those companies can then be asked by procurement employees to deliver supplies and services without competing for a tender.
Once in the system, these single-source contracts are prone to corruption, as orders and payments can simply be made without the detailed documentation required under standard procurements. With limited time and resources, government auditors say they struggle especially with reconciling purchases made under blanket agreements.
The agreements were almost always followed by standard purchase orders that indicated the same vendor and the same amount which is unusual and raises fears of duplication. Some of these transactions were generated days or weeks after the blanket agreements, many with missing or mismatched explanations. It’s unclear whether any of these actually constituted duplicate payments.
For example, the leaked data show two transactions for Ameken Minewest for Sh6.9 million each — a blanket purchase order for El Nino mitigation supplies and a standard order for the supply of chlorine tablets eight days later. Tira Southshore also had two transactions of Sh12 million each — a blanket purchase for the “supply of lab reagents for cholera,” and six days later a standard order for the supply of chlorine powder.
Auditors say both the amounts and the timing of such payments are suspicious because blanket agreements should be paid in installments.
“It could well be a duplicate, using the same information, to get through the process. Because you make a blanket [agreement], then the intention is to do duplicates, so that it can pass through the cash payee phase several times without delivering more,” said Ouko upon reviewing some of the transactions for Tira Southshore. This weakness makes the IFMIS system prone to abuse, he added.
In addition, a KSh4 billion contract for hand sanitizer between the Health Ministry’s Preventive and Promotive Health Department and Tira Southshore was approved as a blanket purchase agreement in April 2015. The following month, a standard purchase order was generated for the same amount but without a description of services — this transaction is marked in the system as incomplete. A third transaction — this one for 0 shillings — was generated 10 days later by the same procurement employee, using the original order description: “please supply hand sanitizers 5oomls as per contract Moh/dpphs/dsru/008/14-15-MTC/17/14-15(min.no.6).
Reporters were unable to confirm whether KSh4 billion was paid by the ministry. The leaked data doesn’t include payment disbursement details, and the MOH has not responded to requests for information.
“I can assure you there’s no 4 billion, not even 1 billion. Not even 10 million that I have ever done, that has ever gone through Tira’s account, through that bank account,” said the co-owner of the company, Abigael Mukeli. She insisted that Tira Southshore never had a contract to deliver hand sanitizer, but declined to answer specific questions. It is unclear how a company without a contract would appear as a vendor in IFMIS, alongside contract details.
It is possible that payments could end up in bank accounts other than the ones associated with the supplier. That is because IFMIS also allowed for the creation of duplicate suppliers, according to a 2016 audit of the procurement system. That audit found almost 50 cases of duplication of the same vendor.
“Presence of active duplicate supplier master records increases the possibility of potential duplicate payments, misuse of bank account information, [and] reconciliation issues,” the auditors warned.
They also found such blatant security vulnerabilities as ghost and duplicate login IDs, deactivated requirements for password resets, and remote access for some procurement employees.
IFMIS was promoted as a solution for a faster procurement process and more transparent management of public funds. But the way the system was installed and used in Kenya compromised its extolled safeguards, according to auditors.
“There is a human element in the system,” said Ouko. “So if the human element is also not working as expected then the system cannot be perfect.”
The former head of the internal audit unit at the health ministry, Bernard Muchere, confirmed in an interview that IFMIS can be manipulated.
Masking the Setup
Ms Mukeli, the co-owner of Tira Southshore and Ameken Minewest, is the niece of Mrs Nyamai, according to local sources and social media investigation, although she denied the relationship to reporters. According to her LinkedIn profile, Ms Mukeli works at Kenya Medical Supplies Agency, a medical logistics agency under the Ministry of Health, now embroiled in a COVID procurement scandal.
Ms Mukeli’s mother, who is the MP’s elder sister, co-owns Icpher Consultants Company Ltd., which shares a post office box with Tira Southshore and Mematira Holdings Limited, which was opened in 2018, is co-owned by Mrs Nyamai’s husband and daughter, and is currently the majority shareholder of Ameken Minewest. Documents also show that a company called Icpher Consultants was originally registered to the MP, who was listed as the beneficial owner.
Co-owner of Tira Southshore Holdings Limited, Abigael Mukeli, described the company to reporters as a health consulting firm. However Tira Southshore also holds an active exploration license for the industrial mining in a 27-square-kilometer area in Kitui County, including in the restricted South Kitui National Reserve. According to government records, the application for mining limestone in Mutomo sub-county — Nyamai’s hometown — was initiated in 2015 and granted in 2018.
Mukeli is also a minority owner of Ameken Minewest Company Limited, which also holds an active mining license in Mutomo sub-county of Kitui, in an area covering 135.5 square kilometers. Government records show that the application for the mining of limestone, magnesite, and manganese was initiated in 2015 and granted in 2018. Two weeks after the license was granted, Mematira Holdings Limited was incorporated, with Nyamai’s husband and daughter as directors. Today, Mematira Holdings is the majority shareholder of Ameken Minewest, which is now in the process of obtaining another mining license in Kitui County.
According to public documents, Ameken also dabbles in road works and the transport of liquefied petroleum gas. And it’s been named by the Directorate of Criminal Investigations in a fuel fraud scheme.
Yet another company, Wet Blue Proprietors Logistics Ltd., shares a phone number with Tira Southshore and another post office box with Icpher Consultants Company Ltd., according to a Kenya National Highway Authority list of pre-qualified vendors.
Mrs Nyamai and her husband co-own Wet Blue. The consulting company was opened in 2010, the same year that the lawmaker completed her PhD work in HIV/AIDS education in Denmark.
Wet Blue was licenced in 2014 as a dam contractor and supplier of water, sewerage, irrigation and electromechanical works. It’s also listed by KENHA as a vetted consultant for HIV/AIDS mitigation services, together with Icpher Consultants.
It is unclear why these companies are qualified to deliver all these services simultaneously.
“Shell companies receiving contracts in the public sector in Kenya have enabled corruption, fraud and tax evasion in the country. They are literally special purpose vehicles to conduct ‘heists’ and with no track record to deliver the public goods, works or services procured,” said Sheila Masinde, executive director of Transparency International-Kenya.
Both MOH and Ms Mukeli refused to confirm whether the ordered supplies were delivered.
Mrs Nyamai also co-owns Ameken Petroleum Limited together with Alfred Agoi Masadia and Allan Sila Kithome.
Mr Agoi is an ANC Party MP for Sabatia Constituency in Vihiga County, and was on the same Health Committee as Mrs Nyamai, a Jubilee Party legislator. Mr Sila is a philanthropist who is campaigning for the Kitui County senate seat in the 2022 election.
Juliet Atellah at The Elephant and Finance Uncovered in the UK contributed reporting.
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Uganda and the Bobi Wine Proposition
The history, age, religion, tribe or whatever other characteristic of whoever challenges Museveni doesn’t matter. When everything else fails Museveni resorts to the use of force.
When Yoweri Museveni was declared winner of the January 14 election in Uganda, the situation in Kampala and other towns and townships across the country remained calm. There were no spontaneous celebrations. His party’s secretariat would hours later organise a victory procession from the spot where the declaration was made to Kololo Airstrip, the venue where Museveni will take the oath of office for the sixth time on May 12. One could clearly see that the procession, which took place under tight security, was largely made up of paid participants.
The absence of spontaneous celebrations after Museveni is declared winner is not news; it has been like this before. Museveni being declared winner and his opponents disputing the results has been a ritual that has been repeated every five years since 1996. When Museveni defeated Paul Kawanga Ssemogerere in 1996 amidst accusations of rigging, Robert Kyagulanyi Ssentamu, aka Bobi Wine, was 14 years old, too young to vote.
Much earlier – in 1980 – Museveni took part in his first presidential election as a candidate more than a year before Kyagulanyi was born. Museveni failed to win even in his own constituency on that occasion and the victory went to Milton Obote, the man who commanded the guns at the time. Museveni turned things in his favour when he started a war after that election and took control of the guns and the country’s leadership in 1986. He hasn’t looked back since.
Of course some Ugandans vote for Museveni, but perhaps they consider it too risky to openly celebrate. It is risky because many of their compatriots who vote against Museveni are angry at the establishment and do not understand how a Ugandan in full possession of their mental faculties can vote for Museveni in the year 2021. Many Ugandans have been attacked for showing support for Museveni, and when demonstrations take place, one would be well advised not to be caught wearing yellow, the colour of Museveni’s National Resistance Movement (NRM).
Those Ugandans who don’t vote for Museveni believe that elections are habitually rigged in Museveni’s favour. And there is another group of Ugandans who have grown too despondent to participate in any election in which Museveni is a candidate. A regular commentator has over the past few months repeatedly wondered why Ugandans are keen to participate in polls whose outcome is known in advance.
The country is deeply divided and very few believe that the government is committed to democracy. An opinion poll that was conducted by Afrobarometer, whose results were released two days to the election, showed that whereas 78 per cent of Ugandans want their leaders to be chosen through periodic free and fair elections, only 36 per cent of the citizens are satisfied with how democracy works in Uganda. (Afrobarometer describes itself as an Africa-wide survey research project that measures citizen attitudes on democracy and governance, the economy, civil society, and other topics.)
That is the setting in which Kyagulanyi took on Museveni. The popstar-cum-politician whipped up emotions and motivated many – especially the youth – and ran a campaign against Museveni in particularly difficult circumstances. He had 64 days to campaign in 146 districts in what was his first ever countrywide tour as a politician. He had attempted to tour the country before the campaigns – and the law allows a presidential aspirant to conduct such a tour one year to the election – but the authorities blocked him. His music concerts were banned over three years ago when he made it clear that he harboured presidential ambitions.
Then the COVID-19 pandemic seemed to drop like manna from heaven for Museveni, and it was quickly seized upon to ensure that Kyagulanyi’s campaign activities in dozens of districts were blocked, while those in the districts he visited were over-policed and strictly controlled. To say that Kyagulanyi campaigned in the actual sense of the word would be to stretch matters.
The same thing happened to the other candidates in the race. Museveni did not personally address rallies and limited himself to fairly small meetings with leaders of his party in different areas in observance of the rules that the electoral body had put in place to prevent the spread of COVID-19. But he has interacted with the same voters for decades and as in all previous campaigns, he again had the entire state machinery doing his bidding in every village, paid for by the taxpayer.
Like Kizza Besigye, who before him had challenged Museveni at the polls four times, Kyagulanyi ran his campaign through defiance and made it clear at the outset that he would not abide by the rules set by the electoral body ostensibly to control the spread of COVID-19; he would only abide by the electoral laws as set out in the constitution and the relevant statutes. Although Kyagulanyi acknowledged that COVID-19 is real and had sent out messages asking Ugandans to protect themselves, he also pointed out that by the time the campaigns started, Ugandans were interacting freely and such restrictions were almost nonexistent in markets and other areas, and argued that it was not logical that the government should think that people could only contract COVID-19 at political events.
In any event, he added, the government had not showed a commitment to the fight against COVID-19 and, as an example, pointed out that whereas money had been appropriated to supply all Ugandans with masks six months before the campaigns started, millions of Ugandans still hadn’t received them.
Kyagulanyi would be vindicated when after the election – and having been declared winner – Museveni drove from his country home hundreds of kilometers from the capital, making several stopovers along the way and addressing crowds of people who were not observing the preventive measures that had been strictly enforced during the campaigns. The veil was off and the lie was laid bare the moment Museveni obtained the result he was after.
Kyagulanyi disregarded the regulation to have a maximum of 200 people per meeting and called mass rallies. The authorities held their breath for a moment, hoping that the popstar would fail to draw crowds in areas away from his native Buganda region and his efforts would collapse on themselves. When the campaigns kicked off on 9 November 2020, Kyagulanyi started with a bang in an area far away from his native land. The crowds kept growing bigger and the narrative that he was only popular in his native Buganda region collapsed as quickly as it had been been constructed by regime propagandists. As the days wore on Kyagulanyi continued to pick up steam as he went through the districts and his tour of Buganda region drew closer. The regime ran out of patience.
Kyagulanyi had scheduled rallies in the east on 17 November 2020, to be followed by his first rally in Buganda the following day. He visited Masaka – the epicenter of anti-Museveni activities – on his first day in Buganda. The authorities couldn’t allow that so on the morning of 17 November, Kyagulanyi was arrested as he arrived at the venue of his scheduled rally. It took something like a garrison of the army and the police to arrest him, and after a mini scuffle the presidential candidate was whisked away like a hardcore criminal. The abduction was relayed live on social media and some of it was on television. Kyagulanyi’s supporters violently protested in Kampala, Masaka and other towns and after two days of rioting the security agencies had shot and killed at least 52 Ugandans. According to official records, two others were run over by vehicles that were caught up in the melee.
The effects of the events of 18 and 19 November are still in evidence all over Uganda. While Kyagulanyi has been under house arrest since election day and he disputes the results of the election – Museveni was declared winner with 58.64% with Kyagulanyi garnering 34.83% – his supporters have not raised their heads to protest. There are armed soldiers walking in single file every few hundred meters in Kampala and other urban centres, and Ugandans only have to look back at the events of two months ago to know that these armed men could kill them with little provocation.
President Museveni left no doubt at all whatsoever that this could when he spoke about the November protests and killings: “According to the police report, for instance, the five persons who died in Nansana were part of the rioting group. They had, apparently, “overpowered” the police. I will get the details of “over powering” the police. What actually happened? It is criminal to attack security forces by throwing stones or attempting to disarm them. Police will legitimately fire directly at the attackers if they fail to respond to the firing in the air. Many of the up-country police groups are not equipped with anti-riot equipment (shields, batons, water cannons, rubber bullets etc.) and should not be. We should not have a country of rioters. It is the duty of everybody to keep the peace.”
It is therefore back to square one. The emergence of Kyagulanyi as his principal challenger excited many and ignited hitherto apolitical constituencies to rise up against Museveni. These groups include artistes with whom Kyagulanyi has interacted for decades and young Ugandans who were excited by the prospect of having a youthful president. But the optimism that was whipped up by Kyagulanyi’s superstar status has since dimmed. He is locked up in his own home and not even the American ambassador succeeded in meeting him when she tried last week. His lawyers and party officials have been pleading to meet with him so that, they say, they may prepare a petition against Museveni’s re-election.
After the 2016 election, Besigye was where Kyagulanyi now finds himself. He was locked up in his home from the day after the voting until the eve of Museveni’s inauguration – a period of three months – when he escaped and unexpectedly showed up in the busiest area of Kampala. Besigye was then arrested and flown in a military chopper to the remotest part of the country where he was charged with treason because he had declared himself winner of the election. The treason case has not been tried for five years and the state is clearly not interested in following through.
The objective – which was achieved – was to keep Besigye out of circulation and prevent him from organising a mass uprising, which Museveni’s government seems to believe is the only thing that can remove it from power. After the 2011 election, which Besigye again disputed, the opposition leader inspired what were dubbed walk-to-work protests, bringing Kampala to a standstill for months. Museveni is keen to ensure Kyagulanyi does not inspire such protests and his government has literally banned demonstrations; whoever tries to protest is met with brute force. On the other hand, those Ugandans who would perhaps like to protest against what they call a rigged election wouldn’t dare – the events of November are still very fresh in their minds.
Museveni has thrown at Kyagulanyi every weapon that he thinks might work. In an interview with an international television channel during the campaigns, he accused Kyagulanyi of being backed by foreigners and homosexuals and has repeated these claims many times over. Museveni made the same claims against Besigye, never mind that his stranglehold over Uganda for the last 35 years has been made possible in large measure by foreign funding.
A new accusation that has cropped up against Kyagulanyi is that he is promoting tribalism and sectarianism. Kyagulanyi is an ethnic Muganda and his tribesmen have for the first time since 1996 rejected Museveni and voted for Kyagulanyi. Museveni, however, has on each occasion since 1996 been overwhelmingly voted for by the Banyankole – his kinsmen – and most of western Uganda, but this does not come up in the tribalism talk that he and his spokespeople have now ignited. The import of what is happening is simple: Kyagulanyi, just like Museveni’s every opponent before him, will be fought by all means possible.
When all other methods fail, Museveni resorts to the use of force. In a video clip that went viral, Museveni vowed to obliterate Kyagulanyi’s group. A few days later, security forces arrested dozens of Kyagulanyi’s followers, accusing them of all sorts of crimes. Some of them are locked up by the military, accused of illegal possession of military equipment. The pressure exerted on Kyagulanyi was so intense that about a week to polling day he sent his children out of the country. He cut an isolated figure going into the election, only enjoying the company of his wife at home, with whom he now remains under house arrest. You can call it a home or a barracks, whichever you choose.
In the end, all the theories about whether Kyagulanyi would be a different proposition to Museveni collapse. It was always going to come to this; the history, age, religion, tribe or whatever other characteristic of whoever challenges Museveni doesn’t matter. When everything else fails Museveni resorts to the use of force. With his military strength still visibly intact, he will perhaps keep his foot on the gas peddle for as long as he can. Or maybe he will surprise us and engineer a negotiated exit.
Elections at a Discount: Uganda’s Political Imagination Under the Spell of Electoral Fundamentalism
Unless another mode of political imagination is envisioned and then institutionalised in the always uneasy trilogy of state-market-society relations, a truly democratic political order in Uganda today will remain elusive.
The chairperson of Uganda’s Electoral Commission, Justice Simon Mugenyi Byabakama has declared the National Resistance Movement (NRM) presidential flagbearer, fifth-time incumbent Yoweri Kaguta Tibuhaburwa Museveni, winner of the just concluded 2021 presidential polls. The emotive dust in the cyber-political atmosphere is yet to settle down. The country’s electorate together with all those associated with Uganda diplomatically or otherwise are also yet to come to terms with the outcome of the 2021 elections. In the meantime, the debate about liberal democracy within the parameters of national sovereignty pitted against cyber-globality rages on.
The birth of electoral fundamentalism: the February 1962 polls
As British colonial rule in Uganda wound up, the 1949 Local Government Ordinance intentionally placed authority at sub-national levels (local government) in the monarchical set-up in all kingdom areas. This legal framework precipitated a double move: the minorisation of a great many social groups in those kingdom areas and the provincialisation of social groups in non-kingdom areas. The 1949 Ordinance here buttressed the process already underwritten by the 1900 (B)Uganda Agreement. The subsequent passing of the 1955 District Councils Ordinance, however, augured the prospect for democratisation. The promulgation of the new ordinance drew the contours of an inaugural democratic dispensation in which the holding of universal adult suffrage became sacrosanct.
The first half of the 1950s in Uganda had seen two important developments on the political stage: the Uganda National Congress (UNC) and the Democratic Party (DP), respectively founded as political parties in 1952 and 1954. These parties appealed to different groups for political followership. Although nationalist in rhetoric, the UNC — first under the leadership of I.K. Musaazi — was already stunted by the ethnic and religious bases of Ugandan politics.
So divisive along ethnic and religious lines were the politics articulated by the UNC that it eventually split into factions. The most prominent faction was Milton A. Obote’s UNC, which subsequently metamorphosed into the Uganda Peoples’ Congress (UPC) after a merger with the 1958-founded Uganda Peoples’ Union. The formation of the DP in 1954, on the other hand, was a response to the struggle for power dating back to the 1890s from which the British colonists and their Protestant allies in Buganda had emerged victorious.
Taking advantage of democratisation reforms in motion in Buganda since the late 1940s, the Ganda Catholic élite made a bid to challenge the chiefly Protestant establishment at Mmengo. They thus fielded Omulamuzi Matayo Mugwanya for Katikiroship — a far more influential premiership position in Buganda Kingdom hitherto reserved for Protestants. The establishment closed ranks to ensure Mugwanya was not elected. Matayo Mugwanya then became first President-General of the DP, a party whose initial raison d’être was to challenge the Protestant establishment at Mmengo and elsewhere. With the formation of the UPC and the DP (soon after under the leadership of Benedicto Kiwanuka), political lines were more boldly drawn in the run-up to Uganda’s accession to independence from British colonial rule. At stake, however, was a viable system of administration for independent Uganda: a political framework of federalism (ethnic or otherwise) was pitted against that of centralism (by premiership or otherwise).
The consequential national elections set in February 1962 framed the choice for a political framework for independent Uganda in stark contrast: federalism versus centralism. The report of a commission appointed by the folding colonial administration under the chairmanship of Lord Munster, published in 1961, had recommended that Uganda should be a single democratic state with a strong central government.
The Munster Commission Report, however, underscored that the relationship between the central government and Buganda should be federal in nature, while that with the other kingdom areas of Ankole, Bunyoro, Toro and the Territory of Busoga, should be semi-federal. So, then, were the 1962 polls, with late colonial British brinkmanship, cast in a deeply fundamentalist fashion. The coming together of Milton Obote’s Uganda People’s Congress with the Mmengo establishment under the auspices of the Kabaka Yekka party — characteristic of a political matrimony full of unholy romance — afforded an electoral victory to Obote as the new Prime Minister-elect. A fundamentalist belief in universal adult suffrage to secure rather than challenge a preferred political status quo was hence set in motion for would-be independent Uganda.
The coming of age of electoral fundamentalism: the December 1980 polls
Against the backdrop of the 1980 ballot was the firing bullet. On the morning of 30 October 1978 thousands of Idi Amin’s troops crossed into northwest Tanzania and occupied the Kagera Salient, an area of 710 square miles. It took two months for the Tanzanians to marshal their army. In January 1979, they pushed through Kagera, crossed the border and invaded Uganda. In their company were militias composed of Ugandan exiles.
Amin’s military put up a desultory defense. Tanzanian troops, alongside a cocktail of soldiering Ugandan exiles, made fast progress: on 11 April 1979 they victoriously marched into Uganda’s capital and put an end to Idi Amin’s government. In the wake of Amin’s ousting, the de-facto Uganda National Liberation Front (UNLF) authority eventually called for national elections to choose the leaders who would form a new government. The electoral commission, it is reported, aimed to establish polling stations for every 1,000 voters.
Though the equipment was almost entirely absent — three months before the election day the then electoral commission asked foreign governments for 50 duplicating machines, 200 typewriters, 10,000 duplicating stencils, 15,000 ballot boxes, 15,000 padlocks, 250 calculators, 12,000 lanterns, and 100 Land Rovers to transport election materials — crowds of up to 2,000 people queued to vote in Kampala, and voters in Mbarara, for instance, walked as far as ten miles in order to reach their polling stations. In Gulu, it was reported, there were so many voters that by 11 a.m. election officials had run out of ballot papers.
Marred by serious allegations of malpractice, the then electoral commission declared the outcome of the bitterly contested election in favour of Milton Obote, the man who Idi Amin had ousted in 1971. Even the diplomatically careful Commonwealth Observer Group that watched the December 1980 polls noted in their interim statement that “imperfections and deficiencies [of these 1980 elections] had caused deep unease”. The leaders of the Uganda Patriotic Movement — under the aegis of one of the former soldering Uganda exiles named Yoweri Museveni — called the elections “one of the greatest farces in electoral history”.
More than the 1962 electoral experiment, the 1980 polls embodied a political imagination obsessed with securing the status quo ante. Universal adult suffrage was here a rubber-stamp. Its aftermath hence begot a cesspool of violence. Obote’s 1980 inaugural speech painted a rosy picture of a regime which, from the onset, was set on the path to collapse. In February 1981, a militia — the National Resistance Army led by Yoweri Museveni — launched a guerilla war against Obote’s government. In the words of the Ugandan historian Abdu K.B. Kasozi, what followed were “four and one-half years of brute violence”.
The electoral saga of 1980 thus ended up being an additional plot in the long-drawn out narrative of political violence in contemporary Uganda. That the end of the Cold War further suffocated an already paralysed political imagination obsessed with electioneering is an indisputable fact in much of independent Africa, the façade of multi-party dispensation notwithstanding.
Electoral fundamentalism writ large: Bobi Wine and the new generational wave
Late in the afternoon of Thursday 17 August 2017 Kampala was in an uproar: the then 35-year-old Ugandan musician-turned-politician Robert Kyagulanyi Sentamu, better known as Bobi Wine, took the parliamentary seat for Kyaddondo East with a landslide victory in a by-election. The seat fell vacant when the losing NRM candidate, Sitenda Sebalu, filed an electoral petition which eventually successfully overturned the victory of his opponent, Apollo Kantinti, of the Forum for Democratic Change (FDC) party. Bobi Wine put forth his candidacy when a by-election was called. His triumphant entry into elective politics set the national political stage for the countdown to the 2021 polls.
Bobi Wine’s parliamentary representation of this no less important constituency of a great many urban poor on the outskirts of Kampala City came to symbolise an array of possibilities for a multitude of Ugandan youth to write themselves back into the country’s political history. For Kampala’s youthful and opposition-leaning electorate, as for the rest of the disenchanted youth across the country, Bobi Wine’s parliamentary victory vividly invigorated the belief in universal adult suffrage as the route par excellence to reclaim the country’s political leadership from what they see as a “non-responsive gerontocracy”. Never before in the course of the three-and-a-half decades of NRM rule have the batteries of electoral fundamentalism at both ends of the political spectrum been so charged.
One important lesson soon emerged: one person can make music and even make it very great, but one person cannot make politics. Politics, Bobi Wine and his immediate entourage quickly found out, does require mass mobilisation, association and alliances. The National Unity Platform (NUP) party thus came into being at the eleventh hour of the election clock. From the announcement of his parliamentary candidacy in May 2017 to assuming the presidency of the NUP party and subsequent presidential flagbearship in September 2020, Bobi Wine captured the country’s political imagination with the changing dynamics of the electorate much in his demographic favour.
But the character and scope of this political imagination were by no means revolutionary in any substantive sense. For the NUP and its charged supporters, the 2021 ballot was the new silver bullet to end all the ills besieging both the Ugandan polity and society. So contagious indeed was this belief in electoral fundamentalism across the political divide that politics beyond the horizons of universal adult suffrage were rendered inconceivable. In fact, it would be no exaggeration to argue that the electoral fever by this new generational wave in today’s Uganda seems to have brought to the fore a category of elites whom Jean-Germain Gros rightly labelled opportunistic democratizers. To be sure, despite the fact that universal adult suffrage remains a prerequisite for broader democratic practices, electoral exercises and democratic political order are certainly not synonymous.
One of Uganda’s bottlenecks beyond electoral fundamentalism: the land question
There is no longer doubt that land policies and land reforms in particular have moved to the very center of discussions about development in most of the global South and more particularly in sub-Saharan Africa. There seem to have emerged two main positions in the discussions about land reforms and economic development in Africa in particular, namely, the neo-liberal and the evolutionary.
The neo-liberal position argues that indigenous customary land tenure is static and a serious stumbling block on the road towards a functioning capitalism in sub-Saharan Africa. Hence, this should be replaced by individual land titles to fuel economic development. On the contrary, the evolutionary position argues that customary land tenure in sub-Saharan Africa is dynamic and gradually moving towards individual ownership and that actually, the titling programmes implemented by the state are doing more harm than good and simply not making capitalism work.
The case of Uganda demonstrates that there is no single answer to this debate. Some forces within the country advocate for large-scale mechanised agriculture, arguing that the land is underutilised. Other forces within the country want to maintain the status quo, and simply argue to be left alone to pursue the way of life they have known for generations. Within this debate, questions over access to resources, the role of government, rights and responsibilities of citizens, and the most appropriate drivers of development are not agreed upon. Yet they remain pertinent to resolve in order for Uganda to achieve its own assigned goals within the globalised world of the 21st century.
Within Kampala and along highways in Uganda are signposts with bold words painted on them: “This Land Is Not For Sale” or “Land For Sale” with a cellphone number to be found right below the words. The competing visions on the value and meaning of land are evidenced by these signposts as well as through discussions with different stakeholders. Even within the central government’s own policies, there appear to be contradictory visions. For example, the current National Development Plan (now in its third phase) asserts that agriculture needs to be modernised, causing fear in some regions, especially the north where land is communally held.
The 1995 Constitution itself asserts that land belongs to the people and that those who are bona fide occupants of land can only be evicted for nonpayment of rent for two consecutive years, yet the government has in some instances promised plots of land to various investors without securing the agreement of the people. Ground rents, Busulu, are set by the government. In June 2012, for example, the government set the yearly rental fee for tenants in Kampala at 50,000 UGX (approximately US$15) while in rural areas the fee was set at 5,000 UGX (approximately US$1.5).
To further complicate the situation, there are four land tenure systems in Uganda, namely mailo, freehold, leasehold, and communal. Land cannot be owned by foreigners, but it can be leased for up to 99 years. The central government has also issued edicts that contradict some of the existing laws related to land. For example, in February 2013, President Museveni announced that the government was halting all evictions, whatever the reason. So, while on the one hand the central government is saying it wants to attract foreign investment — and there are reports that it is working on large-scale land deals — on the other hand, the same government is assuring the people that evictions will not take place. The lack of certificates of ownership of land for many “bona fide occupants” also confuses the picture, while attempts to issue certificates of occupancy have been resisted by many private landlords and customary landowners who fear that the process of issuing certificates will only make it easier for the government to take over their land.
The tension between locals who wish to remain insulated from many of the drivers of globalisation and those who advance embracing these forces as a way of modernising or developing the state is evident in many places where land deals are being discussed in today’s Uganda. One basic indicator of this tension is the characterisation of the phenomenon by different stakeholders: those in favour of modernisation of the agriculture sector, such as the government of Uganda or the World Bank, utilise terms such as “large-scale land lease” or “large-scale land investment” while those opposed to these types of deals utilise the term “land grabbing”. A neutral term that seems palatable to both sides does not exist. Each terminology for the phenomenon brings with it an implied ideological orientation and a competing vision of the way forward. The bottlenecks relating to the land question in Uganda today will certainly not be fixed by the mere holding of popular elections, however free and fair, as currently professed by the localised liberal democracy script.
In lieu of a conclusion
As an historically underprivileged student of Western liberal democracy, Uganda today—across the political divide—is gravely suffering from electoral fundamentalism in the same way macroeconomists from the International Monetary Fund and the World Bank not so long ago suffered collectively from market fundamentalism. In the words of the Belgian historian David Van Reybrouck, the latter too believe that meeting the formal requirements of a system is enough to let a thousand flowers bloom in even the most barren desert. For a country that, since its founding moment in modern times, has been gripped by deep-seated antagonisms along religious, ethnic, class and political lines, the elitist organisation of general elections in the quest for a democratic political order ironically suffocates all opportunities for a “democracy-from-below”.
Those who, alongside Lancincé Sylla and Arthur Goldhammer, argue that period and popular elections provide a rational solution to the problem of succession would still have to remember that the early optimism about Africa’s democratic transition has met with new scepticism: political liberalisation under the dispensation of liberal democracy has shortened rather than aggrandised the time horizons of African heads of state at the expense of the development of institutions for the common good.
Moreover, the characteristic winner-takes-all kind of elections (as have been witnessed in the previous Ugandan electoral experiments) turn the pursuit of democracy into a matter of life and death, a zero-sum game whereby the elected government focuses on the systematic annihilation of the defeated party(ies), together with the constituencies (real or perceived) that support them.
Ironically, the script of liberal democracy now goes against the grain of a truly democratic order: the hunger for free and fair elections only ends up producing a power-hungry political elite characteristically hostile to the notion of democracy as once practised by the ancient Athenians. A political imagination thus undergirded by electoral fundamentalism ends up begetting a disenfranchised polity, with both the citizens and non-citizens within it deeply disenchanted.
The debate on the management of the electoral process in today’s Uganda is still heavily laden with the assumption that the key institutional players in the process — most notably the political parties — do represent the aspirations of the electorate, and that the general elections merely come into play to arbitrate over which of the contesting parties is deemed by the voting majority as best at addressing their concerns. Yet, the prevalent context strongly suggests that the demands of loyalty supersede efficiency, inclusivity and even (social) justice. Dooming as this context portends, electoral violence remains likely not least because power is sought by any means necessary. After all, hasn’t the predominant route to Uganda’s state power in past instances been the orchestration of political violence, of which electoral violence was the harbinger?
The litany of predicaments of social existence in current Uganda — from the systemic impoverishment of society with the blessing of the neoliberal polity to political violence with remarkable impunity — are not simply incidental problems which the holding of periodic and popular elections can easily fix. Rather, these are structural pitfalls sustained by a kind of political imagination deeply entrenched in an ill-negotiated neoliberal mode of governance. Thus, unless another mode of political imagination is envisioned and then institutionalised in the always uneasy trilogy of state-market-society relations, a truly democratic political order in Uganda today will remain elusive.
A Dictator’s Guide: How Museveni Wins Elections and Reproduces Power in Uganda
Caricatures aside, how do President Yoweri Museveni and the National Revolutionary Movement state reproduce power? It’s been 31 years.
Recent weeks have seen increased global media attention to Uganda following the incidents surrounding the arrest of popular musician and legislator, Bobi Wine; emblematic events that have marked the shrinking democratic space in Uganda and the growing popular struggles for political change in the country.
The spotlight is also informed by wider trends across the continent over the past few years—particularly the unanticipated fall of veteran autocrats Muammar Gaddafi in Libya, Hosni Mubarak in Egypt, Yaya Jammeh in Gambia, and most recently Robert Mugabe in Zimbabwe—which led to speculation about whether Yoweri Museveni, in power in Uganda since 1986, might be the next to exit this shrinking club of Africa’s strongmen.
Yet the Museveni state, and the immense presidential power that is its defining characteristic, has received far less attention, thus obscuring some of the issues at hand. Comprehending its dynamics requires paying attention to at-least three turning points in the National Resistance Movement’s history, which resulted in a gradual weeding-out of Museveni’s contemporaries and potential opponents from the NRM, then the mobilisation of military conflict to shore up regime legitimacy, and the policing of urban spaces to contain the increasingly frequent signals of potential revolution. Together, these dynamics crystallised presidential power in Uganda, run down key state institutions, and set the stage for the recent tensions and likely many more to come.
From the late 1990s, there has been a gradual weeding out the old guard in the NRM, which through an informal “succession queue,” had posed an internal challenge to the continuity of Museveni’s rule. It all started amidst the heated debates in the late 1990s over the reform of the then decaying Movement system; debates that pitted a younger club of reformists against an older group. The resultant split led to the exit of many critical voices from the NRM’s ranks, and began to bolster Museveni’s grip on power in a manner that was unprecedented. It also opened the lid on official corruption and the abuse of public offices.
Over the years, the purge also got rid of many political and military elites—the so-called “historicals”—many of whom shared Museveni’s sense of entitlement to political office rooted in their contribution to the 1980-1985 liberation war, and some of whom probably had an eye on his seat.
By 2005 the purge was at its peak; that year the constitutional amendment that removed presidential term limits—passed after a bribe to every legislator—saw almost all insiders that were opposed to it, summarily dismissed. As many of them joined the ranks of the opposition, Museveni’s inner circle was left with mainly sycophants whose loyalty was more hinged on patronage than anything else. Questioning the president or harboring presidential ambitions within the NRM had become tantamount to a crime.
By 2011 the process was almost complete, with the dismissal of Vice President Gilbert Bukenya, whose growing popularity among rural farmers was interpreted as a nascent presidential bid, resulting in his firing.
One man remained standing, Museveni’s long-time friend Amama Mbabazi. His friendship with Museveni had long fueled rumors that he would succeed “the big man” at some point. In 2015, however, his attempt to run against Museveni in the ruling party primaries also earned him an expulsion from both the secretary general position of the ruling party as well as the prime ministerial office.
The departure of Mbabazi marked the end of any pretensions to a succession plan within the NRM. He was unpopular, with a record tainted by corruption scandals and complicity in Museveni’s authoritarianism, but his status as a “president-in-waiting” had given the NRM at least the semblance of an institution that could survive beyond Museveni’s tenure, which his firing effectively ended.
What is left now is perhaps only the “Muhoozi project,” a supposed plan by Museveni to have his son Muhoozi Kainerugaba succeed him. Lately it has been given credence by the son’s rapid rise to commanding positions in elite sections of the Ugandan military. But with an increasingly insecure Museveni heavily reliant on familial relationships and patronage networks, even the Muhoozi project appears very unlikely. What is clear, though, is that the over time, the presidency has essentially become Museveni’s property.
Fundamental to Museveni’s personalisation of power also has been the role of military conflict, both local and regional. First was the rebellion by Joseph Kony’s Lord’s Resistance Army in northern Uganda, which over its two-decade span enabled a continuation of the military ethos of the NRM. The war’s dynamics were indeed complex, and rooted in a longer history that predated even the NRM government, but undoubtedly it provided a ready excuse for the various shades of authoritarianism that came to define Museveni’s rule.
With war ongoing in the north, any challenge to Museveni’s rule was easily constructed as a threat to the peace already secured in the rest of the country, providing an absurd logic for clamping down on political opposition. More importantly, the emergency state born of it, frequently provided a justification for the president to side-step democratic institutions and processes, while at the same time rationalising the government’s disproportionate expenditure on the military. It also fed into Museveni’s self-perception as a “freedom fighter,” buttressed the personality cult around him, and empowered him to further undermine any checks on his power.
By the late 2000s the LRA war was coming to an end—but another war had taken over its function just in time. From the early 2000s, Uganda’s participation in a regional security project in the context of the War on Terror, particularly in the Somalian conflict, rehabilitated the regime’s international image and provided cover for the narrowing political space at home, as well as facilitating a further entrenchment of Museveni’s rule.
As post-9/11 Western foreign policy began to prioritise stability over political reform, Museveni increasingly postured as the regional peacemaker, endearing himself to donors while further sweeping the calls for democratic change at home under the carpet—and earning big from it.
It is easy to overlook the impact of these military engagements, but the point is that together they accentuated the role of the military in Ugandan politics and further entrenched Museveni’s power to degrees that perhaps even the NRM’s own roots in a guerrilla movement could never have reached.
The expulsion of powerful elites from the ruling circles and the politicisation of military conflict had just started to cement Musevenism, when a new threat emerged on the horizon. It involved not the usual antagonists—gun-toting rebels or ruling party elites—but ordinary protesters. And they were challenging the NRM on an unfamiliar battleground—not in the jungles, but on the streets: the 2011 “Walk-to-Work” protests, rejecting the rising fuel and food prices, were unprecedented.
But there is another reason the protests constituted a new threat. For long the NRM had mastered the art of winning elections. The majority constituencies were rural, and allegedly strongholds of the regime. The electoral commission itself was largely answerable to Museveni. With rural constituencies in one hand and the electoral body in the other, the NRM could safely ignore the minority opposition-dominated urban constituencies. Electoral defeat thus never constituted a threat to the NRM, at least at parliamentary and presidential levels.
But now the protesters had turned the tables, and were challenging the regime immediately after one of its landslide victories. The streets could not be rigged. In a moment, they had shifted the locus of Ugandan politics from the rural to the urban, and from institutional to informal spaces. And they were picking lessons from a strange source: North Africa. There, where Museveni’s old friend Gaddafi, among others, was facing a sudden exit under pressure from similar struggles. Things could quickly get out of hand. A strategic response was urgent.
The regime went into overdrive. The 2011 protests were snuffed out, and from then, the policing of urban spaces became central to the logic and working of the Museveni state. Draconian laws on public assembly and free speech came into effect, enacted by a rubber-stamp parliament that was already firmly in Museveni’s hands. Police partnered with criminal gangs, notably the Boda Boda 2010, to curb what was called “public disorder”—really the official name for peaceful protest. As police’s mandate expanded to include the pursuit of regime critics, its budget ballooned, and its chief, General Kale Kayihura, became the most powerful person after Museveni—before his recent dismissal.
For a while, the regime seemed triumphant. Organising and protest became virtually impossible, as urban areas came under 24/7 surveillance. Moreover, key state institutions—the parliament, electoral commission, judiciary, military and now the police—were all in the service of the NRM, and all voices of dissent had been effectively silenced. In time, the constitution would be amended again, by the NRM-dominated house, this time to remove the presidential age limit—the last obstacle to Museveni’s life presidency—followed by a new tax on social media, to curb “gossip.” Museveni was now truly invincible. Or so it seemed.
But the dreams of “walk-to-work”—the nightmare for the Museveni state—had never really disappeared, and behind the tightly-patrolled streets always lay the simmering quest for change. That is how we arrived at the present moment, with a popstar representing the widespread aspiration for better government, and a seemingly all-powerful president suddenly struggling for legitimacy. Whatever direction the current popular struggles ultimately take, what is certain is that they are learning well from history, and are a harbinger of many more to come.
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