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Kenyan Diaspora Vote: Unfulfilled Constitutional Right

9 min read.

The electoral commission’s bid to have the diaspora vote in the 9 August 2022 elections is facing headwinds as voter registration fails to kick off on time.

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Kenyan Diaspora Vote: Unfulfilled Constitutional Right

In December 2021, Independent Electoral and Boundaries Commission Chairman Wafula Chebukati announced the Commission’s plans for mass voter registration in the diaspora. According to the IEBC boss, Kenyans living in the United Kingdom, Canada, the United States of America, South Sudan, Qatar, United Arab Emirates and Germany will have an opportunity to participate in the 9 August 2022 polls. The new centres were in addition to East African Community countries  (Tanzania, Uganda, Burundi, and Rwanda) and South Africa, where Kenyans were able to cast their votes in the 2017 general election.

Regulation 34(2) of the Elections (Registration of Voters) Regulations 2012 provides that: “A decision by the Commission to register Kenyan citizens residing outside Kenya or to conduct elections outside Kenya shall be based on the presence of [a] Kenyan Embassy, High Commission or Consulate.” The IEBC was to undertake a 15-day voter registration exercise for the diaspora from 21 January to 6 February 2022.

Chebukati said that additional Biometric Voter Registration (BVR) kits would be made available in countries with multiple registration centres (US, Canada, UAE and Tanzania). A BVR kit was also to be installed in the Huduma Centre at the General Post Office in downtown Nairobi for the registration of Kenyans who would have travelled to Kenya during the registration period.

Voter registration did not kick off on schedule.

In a statement dated 21 January, the Commission gave COVID-19 travel restrictions and logistical challenges as the reasons behind the failure to begin the registration. “The commission regrets the delay in rolling out the voter registration exercise in the affected countries and is closely working with the relevant authorities to ensure it kicks off,” the statement said. The Commission said that the period of registration would be prolonged to compensate for the time lost. 

Registration in London started on 24 January, on 1 February in Ottawa, Vancouver and Toronto and on 31 January in the UAE.

By February 6, the IEBC had enrolled only 2,959 new voters in 12 countries: Uganda, Tanzania, Rwanda, Burundi, South Africa, South Sudan, the US, the UK, UAE, Qatar, Germany and Canada.

The failure to start registering Kenyans in the diaspora on time, and the low numbers registered, is indicative of the mess that has been the bid to ensure that Kenyans in the diaspora can vote.

After years of lobbying for their right to dual citizenship and the right to participate in Kenyan elections in their countries of residence, the Constitution of Kenya 2010 extended voting rights to at least three million Kenyans living abroad. However, only about 4,000 Kenyans in the diaspora were able to vote in the 2013 and 2017 presidential elections (in its communication on voter registration in the diaspora, the IEBC has stated that Kenyans living abroad can only participate in presidential elections and referendums).

Section 109 (1) (a) and (b) of the Elections Act gives the IEBC the power to make regulations to prescribe the manner in which registers of voters shall be compiled, the manner in which they shall be revised and the procedure for the progressive registration of Kenyans living abroad.

Article 82 (1) provides that Parliament shall enact a law that shall provide for “the progressive registration of citizens residing outside Kenya, and the progressive realisation of their right to vote”. Further, Article 83 (3) provides that “administrative arrangements for the registration of voters and the conduct of elections shall be designed to facilitate, and shall not deny, an eligible citizen the right to vote or stand for election”.

The Kenyan diaspora does not think the IEBC has complied with the constitution. With their billions of shillings in remittances, Kenyans living abroad rightfully argue they should participate in the election of the country’s leadership and have felt cheated ever since only a very small minority were allowed to participate in the 2013 and 2017 elections.

In November 2012, the government had announced that the diaspora would not be able to vote because of “logistical and financial constraints”. Then Justice and Constitutional Affairs Minister Eugene Wamalwa told Parliament at the time that voting outside of Kenya was “not practical” as the electoral commission was already facing challenges in enrolling voters at home.

With their billions of shillings in remittances, Kenyans living abroad rightfully argue they should participate in the election of the country’s leadership.

“Kenyans in the Diaspora will not vote in the 2013 elections. It is not practical to have them take part now. I am appealing to those who can come home to register to do so,” Wamalwa said, adding that the matter had been discussed at cabinet level.

Martha Karua, who had resigned as Justice Minister, accused the cabinet of interfering with the independence of the IEBC, which she said had set aside 47 BVR kits to register Kenyans living abroad.

Angered by the decision, Kenyans living abroad moved to court, calling Wamalwa’s pronouncement illegal, ill-conceived and ill-timed. However, High Court Judge David Majanja ruled that although the right to vote is guaranteed constitutionally, it is not absolute and cannot be realised instantaneously but only progressively.

At the centre of the issue is also the actual number of Kenyans living abroad. At the time, Wamalwa said that only 152,000 Kenyans were registered with Kenyan missions abroad, adding that the three million figure was an exaggeration; the ministry of Foreign Affairs put the number at 700,000.

Agnes Gitau, who lives in the UK and is the Kenya Diaspora Alliance representative for London, said the process was flawed and would exclude many people due to logistics, and the short registration period of 15 days. “There has also been confusion on required documents. We believe it’s a deliberate attempt to exclude many,” Gitau said.

The IEBC chairman had said Kenyans abroad must “produce evidence of citizenship which is a valid Kenyan passport”, yet Kenyans residing in the other countries of the East African Community could use their identity card as proof of citizenship.

However, following a High Court decision, in a memo to registering missions the Commission announced that Kenyans in the diaspora could register as voters using either an Identity card or a valid passport. In the memo dated February 1, acting CEO Marjan Hussein said the directive was issued on 31 January pending determination of a petition filed by Okiya Omtatah against the IEBC and the Attorney General.

Omtatah had challenged the provisions of the Elections (Registration of Voters) Regulations, (2012), particularly Regulation No.37, which prohibit the use of national identity cards to register citizens in the diaspora as voters.

On 20 January, the Kenya Diaspora Alliance (KDA) released a statement in which it welcomed the IEBC’s decision to add eight more countries to the list of countries where the Kenyan diaspora could vote but also raised various concerns about the registration process. The lobby group, which said it represents 46 Kenya diaspora organisations, took issue with the 15 days allocated to the registration exercise. Kenyans within the country were given three weeks to register but, beyond that deadline, IEBC offices remain open for continuous registration until February 28. This option is not available to Kenyans in the diaspora.

“This discrepancy in the time limits seems to deny the Kenyans in the diaspora a fair opportunity to register in their numbers by having less time to register,” KDA said in the statement. The KDA also raised concerns regarding the vast areas—spanning countries and continents—covered by the missions that act as voting centres.

“This means that the Kenyans who wish to vote must travel over long distances and often expensively to register as voters. The Kenyan Embassies and High Commissions earmarked as registration centres are inadequate and logistically challenging for Kenyans who have to travel far and wide to register. That in itself negates the spirit and objective of the exercise,” KDA said. The KDA also does not think that Kenyans in the diaspora have been adequately consulted and involved in the process. “There also seems to be a selective partnership and collaboration between IEBC and some Kenyan diaspora organizations in supporting the exercise.”

Consequently the KDA has, among other things, demanded that more registration and voting stations be provided in order to improve access. It has also demanded that the use of technology, including registration through e-Citizen and other suitable online platforms, be explored. The Alliance has also called for more time (six weeks) for registration and that the IEBC consults with the organisation and with other credible diaspora groups so that the right to vote is enjoyed by all Kenyans living abroad.

In a letter to Chebukati dated 27 September 2021, the Kenya Qatar Diaspora Sacco took issue with the low number of diaspora voters.

“Despite the political engagement of the diaspora, intensive government outreach to emigrants, and high-stakes electoral competition, fewer than 3,000 Kenyans were permitted to vote from abroad in the year 2013 and 2017 presidential elections,” said Engineer Maxwell Odhiambo, chairman of the Kenya Qatar Diaspora Sacco Ltd. and KDA representative in Qatar. He said that the registration of Kenyans in the diaspora requires a strategic and organised approach, with the IEBC, the embassy and the local diaspora organizations working together.

Diaspora voting in Africa

African countries whose constitutions provide for diaspora voting include Algeria, Angola, Benin, Botswana, Cape Verde, Central African Republic, Chad, Côte d’Ivoire, Djibouti, Equatorial Guinea, Gabon, Ghana, Guinea, Guinea-Bissau, Lesotho, Mali, Mauritius, Mozambique, Namibia, Niger, Rwanda, São Tomé and Principe, Senegal, South Africa, Sudan, Togo, Tunisia and Zimbabwe.

Despite this provision, however, many of these countries have yet to make the diaspora vote a reality. This, according to Voting from Abroad: The International IDEA Handbook is due to lack of the political, legislative, financial or administrative agreements necessary for the regulation and organisation of the diaspora vote.

South Africa

When South Africa became a democracy following the end of apartheid, citizens in the diaspora were able to participate in the watershed 1994 election. However, diaspora voting was abolished soon thereafter until its reinstatement following a 2009 ruling of the Constitutional Court.

In Diaspora Voting in South Africa: Perceptions, Partisanship and Policy Reversal, Elizabeth Iams Wellman observes that the details of the South African case reveal an intensely partisan divide over the inclusion of South Africans abroad.

“Perceptions of the diaspora by the major political parties shaped both policy provision and implementation. With its two policy reversals, the case of South Africa also suggests a number of broader theoretical implications, including the critical variable of how diaspora voting becomes law, as well as the centrality of the political party as a key locus of analysis,” Wellman writes.

Wellman notes that nearly 100,000 South Africans voted in 78 countries in the 1994 election. However, the ANC government went on to ban external voting in 1998, effectively denying “the estimated 1-2 million South Africans living outside of the country” the right to vote. The ban was triggered by a dispute over the registration of voters for the 1999 elections.

Moreover, voter turnout in the 1994 elections was also much lower than anticipated and the electoral commission said it did not make a lot of logistical sense to send teams to register South Africans in the diaspora.

The registration of Kenyans in the diaspora requires a strategic and organised approach, with the IEBC, the embassy and the local diaspora organizations working together.

“Everybody saw 100,000 [votes] which probably was divided among 10 or 13 parties to a greater or lesser extent, and that 5,000 or 10,000 more or less wouldn’t make a difference”.

The IEC had argued that the 1994 decision was to give those who had left the country temporarily the opportunity to vote, questioning why those who had left the country permanently would you still want to vote.

In 2009, however, the Constitutional Court forced the government to reinstate the diaspora vote—all South Africans living abroad could once again participate in national elections. Wellman argues that in South Africa’s case, emigrant enfranchisement—or their exclusion from electoral politics—depends on the ruling party’s perception of the diaspora.

And unlike Kenya’s case where diaspora voting is enshrined in the constitution and other electoral laws and regulations, external balloting in South Africa was reintroduced through the courts and not through legislation. There is thus not much political goodwill to implement it.

For its part, the IEBC has cited logistical and financial challenges in rolling out the diaspora registration. To be sure, diaspora voting is disproportionately expensive while political parties have limited resources; mobilizing potential supporters around the world is far more costly than campaigning back at home. There is therefore no incentive to push for the diaspora vote.

“Uncertainty over the diaspora population and their political leanings (or political interest) suggests that positions on diaspora voting may be driven more by perceptions than accurate information,” Willman writes.

Angola

Angolans living abroad are likely to vote for the first time this year. In September last year, Marcy Lopes, the Minister of Territory Administration, said registration of diaspora voters would start in January 2022. The exercise will last three months.

The Institute of Angolan Communities Abroad estimates that at least 400,000 Angolans live abroad, 47 per cent in Africa, 24 per cent in Portugal and a substantial number in France.

The move to have Angolans abroad vote is part of the constitutional changes proposed by President João Lourenço to the National Assembly. The Constitutional Law of 1992 provided for the diaspora vote but lack of logistical capacity to undertake voter registration abroad has meant that Angolans living abroad have not enjoyed the right.

Angola’s missions abroad started registering citizens on January 17. Angola’s Ambassador to Portugal, Carlos Alberto Paz Fonseca, estimates that about 30,000 nationals who have attained the voting age will register.

The United States

America’s system appears well organized. US citizens resident abroad are eligible to vote in all presidential and congressional elections.

According to American Citizens Abroad, in order to register as a voter a US citizen only needs to visit www.fvap.gov and follow the procedure. However, unlike for African countries for instance, where embassies act as polling stations, this is not the case for the US. This is because embassies are federal entities, whereas it is the states, rather than the federal government, that run elections.

According to Richard Johnson, there are 5.5 million American citizens, including military personnel, living abroad. If Americans abroad were a state, they would be the 23rd largest.

External balloting in South Africa was reintroduced through the courts and not through legislation.

“About 3 million of these Americans abroad can vote — the rest are children. The countries with the highest numbers of adult Americans are Canada (622,000), the UK (329,000), Mexico (201,000), France (169,000), and Japan (125,000). London is the largest ‘American’ city in the world outside of the US, with more than 100,000 Americans living in or around the capital,” the lecturer in US Politics and Policy at Queen Mary University of London, writes.

Johnson notes that in 2009 the US passed the National Defence Authorization Act that requires states to offer overseas voters the option to return their ballot electronically. In practice, this means voters can email or even fax their ballots back to their county superintendent of elections, Johnson explains.

The steps the IEBC has taken since 2017 — including the increase in the number of foreign countries where Kenyans can register to vote — point to an agency committed to having the Kenyan diaspora participate in presidential elections. But this is not enough.

The IEBC should prepare early enough to have as many Kenyans abroad register. The Commission, for instance, should have election attachés in embassies abroad to facilitate continuous registration of Kenyans as voters. Should this option prove expensive, the IEBC could explore with the embassies how best to ensure the continuous registration of voters.

But the easiest solution would be to adopt the use of technology. As the Kenya Diaspora Alliance has recommended, the IEBC needs to explore registration through e-Citizen and other acceptable online registration platforms as this option would address the IEBC’s logistical challenges and be convenient for Kenyan voters wherever in the world they may be.

It would, in fact, offer an opportunity to test e-voting for future use domestically.

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Eliud Kibii is a sub-editor with The Star newspaper and writes on international relations, security and electoral processes.

Politics

Sudan: The Storm Gathers in the Desert in Wave of Darfur Violence

Darfur’s rebel groups say they are fighting for the black farmers, but most have not controlled areas for long since their formation early this century.

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Sudan: The Storm Gathers in the Desert in Wave of Darfur Violence

As the village of Wadda awakens to the sound of pigeons, chickens and donkeys, an old man rides his camel over the sand that has been smoothed by the chilly morning wind. He straightens his turban and looks disapprovingly at the revolutionary slogans on a wall. The youths of this small village in North Darfur renamed it the ‘martyrs’ square’, in memory of a sit-in in 2019 against the then autocratic president Omar al-Bashir in which one of them was killed.

The camel kneels, the man dismounts and introduces himself as one of Wadda’s elders. “Young people are agitators these days,” he grumbles. “We elders have always kept the peace here. Now young people don’t fear to us anymore. That is why blood was spilled in this square.”

There exists a power vacuum in the western Sudanese region of Darfur, on an even bigger scale than in the capital Khartoum, where the conflict revolves around civilian resistance committees against the military coup in October. The conflict in Darfur is more complicated and already started at the beginning of this century. After a peace treaty in 2020, four rebel groups moved into the regional capital of Al Fashir, their leaders were given political positions and their fighters joined the government army of President Abdel Fattah al-Burhan and the allied Rapid Support Forces of Hamdan Dagalo Hemedti. The latter group, popularly known as Janjaweed, which relies on support of Arabized Sudanese and is notorious for its crimes against African Darfuri, seems to be the strongest of all.

Marginalized

In the marginalized regions of the country, far from the traditional centre of power in the Nile Valley, armed movements, which often represent narrow ethnic interest groups, are claiming their share. Nowhere is the disorder as widespread as in the western Sudanese region of Darfur. As in Khartoum, resistance committees have sprung up in Darfur and people are killed in demonstrations against the old guard. “Darfur was handed over to the rebel groups and militias, and that has led to complete impunity,” says a security specialist in Khartoum. “In addition, with the departure last year of the UN peacekeepers Unamid and the African Union, there is no longer a single force to keep the violence in check.”

In Wadda, a village of 15,000 inhabitants, the elderly who supported Bashir at the time are trying to regain their lost position. “They are trying to reverse everything that young people have achieved since the deposition of Bashir in 2019,” said Huda Adoma of the local resistance committee. He points to the village square. “The family of that man on the camel was involved in the death of our martyr. Like the resistance committees in Khartoum, we demonstrated here for weeks. Then the man’s son and three brothers came. They killed the martyr and stabbed another with a knife.”

To the displeasure of the younger people, the elderly of Wadda want to settle this murder in the village square in the traditional way, by paying ‘blood money’ to the family of the victim.  ”The elderly collaborated with the old regime. Now our time has come. We want justice.” 70 percent of the 45 million Sudanese are under the age of thirty.

Wadda is far from the world of tap water, paved roads, electricity and internet. That’s why it is even more remarkable how politically and culturally aware the young people are after thirty years of strict Islamic dictatorship under Bashir. But the youth are no match for the weapons of the warlords in Darfur. “We have fallen into a bottomless pit after the military coup,” sighs Ibrahim Abdullah, also a member of the resistance committee.

His colleague Rahma Yosif gives him a prod with her elbow to keep him from losing heart. “Certainly, the politics of Sudan are depressing and certainly here,” she says, “but we in the resistance committees are fighting for much more. There must also be a cultural revolution.” Her male supporters nod in agreement. “Sudan’s social problems are far greater than their political ones. In daily life we women have nothing to say and when we do speak out, the elders call us ‘sluts’.”

The overriding problem facing Wadda, and all of Darfur, however, is climate change. This leads to drought, lack of drinking water, impoverishment of the soil, competition for land between the black agricultural population and the Arabized nomads. At the time, instead of dealing with the problems, Bashir sent his army to the black farmers and armed the Janjaweed of the nomadic Arab population to burn their villages. At the height of this conflict, around 2002, an estimated 300,000 people were killed. The International Criminal Court indicted Bashir for genocide. Half of the population of Darfur, more than six million people, has been in need of food aid ever since that war, according to the UN. About two million Darfuri still reside in camps. Last year half a million were added as a result of new conflicts.

Fodder

On the plains outside Wadda in the blazing midday sun, trees sink into a mirage. A woman on a donkey cart passes a mass grave from the war in 2003, when a rebel movement occupied the village. Since then, farmers keep more livestock so that with the extra proceeds they can buy weapons for their defence. They burned the dry reeds on their fields to keep the nomads out: traditionally, farmers and nomads made mutual agreements about access to the land, but the poisoned political climate has now led to distrust. “Those damn nomads wash their livestock behind our drainage ditches so we can’t drink the water anymore,” says a man who is digging up the sediment behind an artificial sand wall for when the rains return.

The Sahel, of which Sudan is a part, is one of the fastest warming places in the world – 2 degrees warmer than a century ago, research shows. Shepherds and farmers fight over dwindling resources. “Darfur can no longer handle the population pressure,” says an employee of UNEP, the environmental organization of the UN. In the past enough water remained behind in the creeks, now even the basins do not retain enough water.

Digging a water catchment

Until recently, aid organization Save the Children paid citizens with food to dig these types of drainage reservoirs. Now she pays in cash, as all food aid supplies were recently stolen. Development becomes difficult in times of conflict. In the clinic of the same aid organization in the village of Abudialage, nurse Islam Brema weighs a thirteen-month-old child in a washbasin. “Much too light,” he sighs. “And I have nothing to feed her.” Her mother ties the baby on her back and walks back home, 45 kilometers away. Hunger is on the rise: 12 percent of all families in Northern Darfur have at least one severely malnourished child.

A Save the Children employee draws three circles in the sand: two circles opposite facing each other, that of the elderly and that of the young, and a third one called development. “How can we reunite the elderly and the young by working together on development”, he wonders, “because although against the tide we must continue to help the citizens”.

Fatnia Hamad, 11, is sitting on a mat with her mother in Abudialage. The sun is setting, she is exhausted. “I get up at four o’clock, walk to school for two hours and back at the end of the morning. In the afternoon I cover that distance again with the donkey cart for water.” In the morning her mother cannot make tea due to lack of water. Sometimes Fatnia faints at school from fatigue. The mother looks with  a scornful eye at the men sitting separate on another mat, but they say they don’t have time to fetch water.

Den of robbers

On the way back to Al Fashir, the capital of North Darfur, the driver zigzags in the clouds of dust over tracks skidding left and right. Under the last rays of the sun, the mountain range in the distance takes on erratic shapes, with in the foreground remains of houses of a village destroyed by a land dispute sticking out of the sand like rotten teeth. Whoever wants to avoid kidnapping for ransom here, always takes a different route on the way back. Al Fashir is a den of robbers, full of rampaging militias, government troops, rebels and armed criminals. Trucks with merchandise are robbed every day. At nine o’clock everyone rushes home to get in before the curfew.

The street into the city center is marked by the looted warehouse of the World Food Program warehouses. Seventeen hundred tons of food were lost at the end of December. All food aid in North Darfur came to a standstill. Further down in the city lies the looted former yard of the peacekeeping force Unamid. Generators and cars worth a total of millions of euros were stolen here.

Former Enemies

In Al Fashir, each armed group controls its own district. Despite the peace deal, warlords continue to recruit fighters. Sometimes they send them as mercenaries to Libya for extra income.

Darfur’s rebel groups say they are fighting for the black farmers, but most have not controlled areas for long since their formation early this century. The Janjaweed militia is probably the most violent against the population, as it were during the war at the beginning of this century. The former enemies must now ensure an integrated army and return of stolen land, two terms of the peace agreement not yet implemented.

Janjaweed fighters also show up in the heavily guarded office of Governor Nimir Abdel Rahim, leader of a rebel group. “I am a freedom fighter,” the governor emphasizes in a conversation. “As a freedom fighter, I captured general Burhan a long time ago, now the president of Sudan. I often remind him of that,” says Governor Nimir. “If you have defeated someone in a battle, you should no longer see him as an enemy.”

As with Burhan, he is lenient on Janjaweed leader Hamdan Dagalo Hemedti, the second most powerful man in the country. “We have to be careful with those two, they feel unsafe. If they give up their position, they risk losing everything.” Janjaweed leader Hemedti was given a gold mine in Darfur by Bashir.

Nimir is the first one to mention the issue of the major looting in Al Fashir at the end of December. “All soldiers misbehave, including those of my rebel group,” he readily admits. “The bases of former peacekeepers Unamid were looted in several towns elsewhere in Dafur. So my soldiers thought: we can do that too. But the government army and the Janjaweed started it. Tomorrow Burhan and Hemedti are coming to visit me in Al Fashir. We need to discuss how to encamp the armed groups outside the city.”

All the rebel leaders of the peace agreement sided with the military after the coup in October, and not with the protesting civilians. They feel part of the military world of thought, the army is the strongest power factor in the country and offers opportunities for money and looting. They call the civilian protesters “rioters.” “But I remain a freedom fighter”, says Nimir, “I allow the young people in Al Fashir to demonstrate”. They try to do so the next day during Burhan and Hemedti’s visit, but they are arrested and robbed of their mobile phones and shoes.

Two days later, fighting breaks out between a faction of the Janjaweed and a rebel group at Unamid’s apparently not-yet-dismantled base. There are several casualties.

This article was first published in NRC Handelsblad.

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Politics

The Wagalla Massacre: What Really Happened

It has been exactly 38 years since the Wagalla massacre. The victims have refused to stay quiet and until the government takes concrete steps to provide redress, it will be hard for the victims and their families to move on.

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The Wagalla Massacre: What Really Happened

On 11 January 1985, the Principal State Counsel, Moijo Ole Keiwua, wrote on behalf of the Attorney General to Ibrahim Khamis Adan and Alinoor Yussuf Mohamed Hussein through their lawyers, Munikah and Company Advocates, asking them, by the rules of civil procedures, to supply specific information about the deaths of their fathers. The information requested included the dates and times when the deceased persons were killed; whether they were killed by the Kenya Army personnel, the Kenya Police or 1982 Air Force personnel; and the names of the specific officers responsible for the deaths of the deceased.

Khamis Adan Mumin, Ibrahim’s father, worked for Wajir County Council until his death. Yussuf Mohamed Hussein was a civil servant in the Ministry of Health. The two were among 55 or so employees of various government agencies who disappeared from work in early February 1984, never to be seen again. Their employers reported them as having deserted their duties, and their families could not access their terminal benefits.

The question of who killed these two men and others was raised in parliament by the former Member of Parliament for Wajir West, the late Ahmed Khalif Mohamed, on 21 March 1984. During a debate on then President Moi’s speech at the opening of that parliamentary session, Khalif accused the security forces of killing hundreds in Wajir District. The government forces, he said, had placed more than 4,000 people in a concentration camp, over 300 had been immediately executed, and over 600 were confirmed missing.

Khalif directly accused the Provincial Commissioner for Northeastern Province, Benson Kaaria, and the Somalia government of collusion in the murders. Kaaria had claimed, as reported by the Standard on 9 November 1980, that he would eliminate all Somali-speaking people in the country unless they exposed the Shifta who had killed a District Officer. Khalif’s accusations were met with utmost hostility by the entire parliament. Mwai Kibaki, Kenneth Matiba, A.Y. Boru and Samuel Ng’eny demanded substantiation. Charles Muthura accused Khalif of irrelevance in his contribution to the presidential speech, while Parmenas Munyasia jestingly demanded to know the names of those who had threatened to wipe out the Somalis. Khalif was cornered into dropping the Somalia claim but stood his ground on the mass killings of Somalis in Wajir. In a bid to substantiate his claim, the late MP tabled the list of victims of the massacre and their photographs in parliament on 28 March 1984. Many were civil servants, including Noor Haji, the former Senator from Wajir, who had been killed in the military operation.

During a debate on then President Moi’s speech at the opening of that parliamentary session, Khalif accused the security forces of killing hundreds in Wajir District.

The question of just what happened at the Wagalla Airstrip between 10 and 14 February 1984 was partially answered by the late Justus Ole Tipis in a ministerial statement about the military operation, read on the floor of parliament on the night of 12 April 1984, and reported in the Nation of 13 April 1984. Ole Tipis revealed that the security situation in Wajir was politically motivated and that leaders were involved in divisive strategies that were planned based on ethnic considerations. He claimed that the government decided to carry out its operations against the Degodia community to provide security to a neighbouring clan. Ole Tipis gave an accurate account of the processes but avoided mentioning the resulting genocide.

The Wajir District Security Committee and the Provincial Securities Committee were convened by an order from the National Security Council. The meeting took place on 8 February 1984 at the Wajir District Commissioner’s office. The District Commissioner himself was conveniently replaced by a District Officer, M.M. Tiema. According to the signatures in the visitor’s book at the DC’s office, and eyewitness reports, this meeting was attended by J.S. Mathenge, Permanent Secretary Office of the President; B.A. Kiplagat of the Ministry of Foreign Affairs; David Mwiraria, Permanent Secretary in the Ministry of Home Affairs; John Gituma, Permanent Secretary in the Ministry of Information and Broadcasting; Brigadier J.R. Kibwana, Department of Defence; B.N. Macharia of the Treasury; Z.J.M. Kamencu, Deputy Secretary in the Office of the President; J.P. Gitui, D.C.O. Police Headquarters; J.K. Kaguthi and J.P. Mwagovya of the Office of the President; C.M. Aswani, Provincial Police Officer, North Eastern Province; Lt. Col. H.F.K. Muhindi of 7 Kenya Rifles; J.K. Kinyanjui, Director of Land Adjudication Nairobi; and finally Benson N. Kaaria, Provincial Commissioner, Northeastern Province. The meeting resolved to carry out an operation to disarm the Degodia and force them to provide the names of the bandits who were committing crimes in the district.

According to the statement by Ole Tipis, once the operation was authorized, it began in earnest on 10 February at 0400 hours and involved the Police, the Administration Police, and the Army. The operation covered Elben, Dambas, Butelehu, Eldas, Griftu and Bulla Jogoo. According to the government statement, most of these areas had been swept by 11 February. When the army surrounded Bulla Jogoo, they ordered the residents to vacate their homes. According to Ole Tipis, the residents refused to comply with the order. The military then forcibly removed 381 male members of the Degodia clan from their homes and took them to the Wagalla Airstrip, nine miles West of Wajir Town. Ole Tipis admitted that those held were interrogated for three days, and a scuffle erupted when the District Commissioner, accompanied by the OCPD (Officer Commanding Police Division), entered the airstrip. Some of the crowds started to escape while others shouted at government officers. In the confusion, 29 people died of gunshot wounds or were trampled to death, while 28 others were killed when the army met with resistance during the operations, according to the ministerial statement.

The official story narrated in the government statement closely mirrors what happened, save that the government minimized callousness of the operation. The operation covered the entire Wajir District, including Tarbaj, Leheley, Wajir-Bor and Khorof Harar. The target community was the Degodia but it is believed several Somalis of other extraction were caught up in cases of mistaken identity. The operation targeted male members of the clan above 12 years of age. Still, women were raped, houses were burnt, and property was looted in every locality where the operation took place.

The military then forcibly removed male members of the Degodia clan from their homes and took them to the Wagalla Airstrip, nine miles West of Wajir Town.

The men rounded up were subjected to torture to force them to confess to owning a rifle. Some died of their wounds before they reached the Wagalla Airstrip. Those who got to the airstrip were sorted by sub-clan, and up to 30 members of the Jebrail sub-clan were burnt alive in an orgy of unprecedented violence. Their clothes were piled up on top of them, petrol or some other highly flammable chemical was poured on the clothes, and a bonfire whose fuel was human flesh was lit. The other detainees watched as their colleagues were roasted alive. The rest of the men were forced to strip naked and told to squat in the hot sun – those who resisted were shot. The late Ahmed Khalif reported that the detainees were held at the airstrip for five days, that they were denied food and water, and that during this period, those who tried to pray were shot. In those five days, more than 1,000 people either starved to death, were shot for questioning the orders of the armed forces, or died at the hands of gangs that were allowed into the airstrip at night to carry out revenge attacks against those against whom they held a grudge.

On the fifth day, the remaining men bolted, breaking through the barbed wire fence and running for their lives. The military opened fire, and hundreds were shot — many in the back — and killed. The stampede helped most escape into the bush, where they received help from nomads. It was an escape that should have happened in the first couple of days before so many were murdered, but the Degodia people would have been wiped off the map without it. The military found itself amid thousands of dead and injured men. The plan had gone awry: men had escaped and told others what happened. The army attempted a massive cover-up that involved piling the dead and injured into lorries and dumping them in the bushes. Many bodies were also disposed of by fire and acid. Mohamed Ibrahim Elmi, Catholic nun Analena Toneli, businessman Noor Abdille and others saved many people who had been ferried into various parts of Wajir district and abandoned by the armed forces. That is how the Wagalla Massacre took place. The survivors’ stories are almost unbelievable.

One survivor says that he had never stepped into Wajir town before 9 February 1984. He had decided to visit his father there and they were both picked up by the military the night he arrived. He found himself at Wagalla naked, hungry, and thirsty, watching as life ebbed out of his father. Another survivor woke up in a pile of bodies in a depression in a bush; next to him was a 16-year-old cousin’s corpse — just an innocent boy shot in the back of the head. One survivor escaped in the stampede naked and found a young girl herding goats who helped him cover his shame with her scarf.

The army attempted a massive cover-up that involved piling the dead and injured into lorries and dumping them in the bushes.

It has been exactly 38 years since the Wagalla massacre. In all these years the victims have refused to stay quiet, the dead are bursting out of their graves and giving clues to those who wish to resolve the massacre. The available evidence is sufficient to recreate what happened at Wagalla. It is possible to give State Council Moijo Ole Keiwua the specific information he requested, to allow Ibrahim and Alinoor to bring to justice those who killed their fathers, Yussuf Mohamed Hussein and Khamis Adan Mumin, along with 3,000 others —the figure given in the UN report — on 10, 11, 12, 13, or 14 February 1984 by a combined contingent of security officers from the Kenya Army, the ‘82 Air Force, the Kenya Police and the Administration Police. (The larger casualty figures were also mentioned to the author by Ahmed Khalif while he was still alive). The officers who took part in this massacre received an order from their superiors who met at the Wajir District Commissioner’s Office on 8 February 1984. The sons of the deceased could not give information of this kind in 1984. However, the same information can now be adduced in a court of law in the light of the Truth Justice and Reconciliation Commission (TJRC) report and recommendations.

One of the most intriguing stories about the Wagalla Massacre was how it was planned and implemented. The target community was collected from three districts and detained at the Wagalla Airstrip.

My uncle, Abdullahi Jehow, who left Wajir District in 1965 when the Kenya Army killed his family’s herd of 200 camels, had established himself in Madogashe in Garissa District. On the morning of 9 February 1984, he was at Jalaqo, about 30 miles from Modogashe on the road to Garissa, in a shallow well with other men, busy filling troughs with water for his livestock, when a column of army vehicles arrived.

The soldiers asked them to which Somali clan they belonged, and they innocently replied that they were Degodia. They were arrested, taken to the Habaswein police post overnight and driven to the Wagalla Airstrip the following day where they witnessed the atrocities first-hand. Today in his late 80s, Uncle Abdullahi has had a very long life, but he avoids Wajir like the plague. He has lived in Isiolo, Garissa, and Tana River, but nobody has been able to convince him to go back to Wajir.

The stories told of the Wagalla Massacre demonstrate a broader conspiracy to commit genocide. Wagalla was never about the immediate security concerns in Wajir District. It had nothing to do with the low-level conflict between Somali clans; such conflicts have been simmering since time immemorial and have never resulted in genocide.

Wagalla was a classic extermination of a people; the implementation of a policy that began at independence that was aimed at clearing the inhabitants out of their land and pushing them off the map of Kenya. It was a policy set by Jomo Kenyatta and inherited by Daniel Moi. It is a policy practiced by low-level government officials and the Provincial Administration as can be gleaned from official documents and public pronouncements.

One survivor escaped in the stampede naked and found a young girl herding goats who helped him cover his shame with her scarf.

The Truth Justice and Reconciliation Commission Report recommends reparations for the victims of the Wagalla massacre and other mass killings in the country. The report also recommends actions against the perpetrators of these heinous crimes, which includes banning them from public office. The report however was ignored by the government and parliament failed to adopt it. The Government Printer gazetted only parts of the report leaving out the sections relating to the massacres and killings, Volume 2A and 2B. In a bid to sidestep the broad redress mechanism proposed by the TJRC, on 26 March 2015 the president issued a bold apology and announced the establishment of a KSh10 billion Restorative Justice Fund of which only KSh3.6 billion was budgeted for in the subsequent year, 2016/2017. The Attorney General failed to initiate guidelines for victims to make claims against this fund until 2018. The beneficiaries of this fund are not aware of these guidelines as no public participation and awareness was conducted. The lethargy in implementing the TJRC report seems to emanate from the system’s determination to protect its own. Many of the perpetrators named in the TJRC Report are still serving in the boards of public institutions. Until the government takes concrete steps to provide redress for the victims of the Wagalla massacre and other crimes against humanity reported in the TJRC Report, it will be hard for the victims and their families to move on.

Moijo Ole Keiwua rose to become President of the East African Court of Justice and Judge of the Court of Appeal. He succumbed to cancer in 2011. Ibrahim Khamis Adan recently retired from the government after a long career in the diplomatic service including a stint as deputy ambassador. The writer is not aware of the whereabouts of Alinoor Yussuf Mohamed Hussein. Abdullahi Jehow is at an advanced age and lives in Tana River County; he will probably never again set foot in Wajir. The TJRC interviewed most of the persons named in connection with the Wagalla massacre, including its own Chairman, Benjamin Kiplagat. None of them accepted liability and their standard defence was, “I do not remember.”

Abdi Sheikh is the author of “Blood on the Runway: The Wagalla Massacre” of 1984. A version of this article first appeared at www.kenyaimagine.com

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Drought Management in ASAL Areas: Enhancing Resilience or Fostering Vulnerability?

Rather that jumping from project to project in search of a short-term response, there is a need to embrace practical and proactive long-term solutions to the challenges of recurring drought in the ASALs.

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Drought Management in ASAL Areas: Enhancing Resilience or Fostering Vulnerability?

Kenya’s arid and semi-arid lands (ASALs) occupy 80 per cent of the country’s landmass and are inhabited by nearly ten million people who rely on livestock rearing and seasonal small-scale farming for their livelihoods. ASALs are known for the variable environmental conditions that result in periodic drought, floods, animal disease outbreaks, and social instability due to conflict and historical marginalisation.

In the 1970s, ASALs experienced periods of prolonged drought nearly every four years, with the government and donor agencies developing various programmes through international and local NGOs to address the crises. The focus was on humanitarian aid to enhance food security through food relief aid to vulnerable populations. But due to the temporality and inefficiency of food aid, these agencies promoted farming as an alternative to livestock production and as a means of ensuring food security.

In Isiolo County, irrigation schemes were introduced along the Waso River and in other small centres such as Malka Daka and Rapsu. However, the projects failed largely due to flooding, and also because pastoralists re-invested the proceeds from farming in livestock and abandoned farming altogether.

Irrigation scheme at Rapsu

Irrigation scheme at Rapsu

Humanitarian interventions and the food security approach were dropped in favour of livestock development projects in the 1990s. These involved the development of water infrastructure such as boreholes and water pans, the establishment of grazing blocks and the implementation of livestock restocking programmes following periods of severe drought.

Between 1990 and 2000, the Arid Lands Resource Management Projects (ALRMP) emerged as the scaffold for the management and development of the drylands. The projects ranged from water infrastructure development and rehabilitation, to early warning bulletins, contingency planning, range re-seeding, livestock feeds, and vaccination.

The National Drought Management Authority (NDMA) took over from Arid Lands Development Projects in 2005. The NDMA’s focus is predominantly on the early warning bulletin, drought intervention, contingency policies, and capacity building. Although the NDMA is not oriented towards development projects, key policies such as Ending Drought Emergencies (EDE) form a significant segment of the NDMA’s work.

Drought Response Program in Isiolo

Drought Response Program in Isiolo

Between 2009 and 2019, social protection programmes based on cash transfers—such as the Hunger Safety Net Programme (HSNP) and livestock insurance—made their appearance. The HSNP was initially implemented in Marsabit, Mandera, Turkana, and Wajir. In 2019, the programme was upscaled to include four other pastoral counties: Isiolo, Samburu, Garissa and Tana River.

In 2010, Kenya became the first African country to implement KLIP, an index-based livestock insurance programme where the government purchases the policy on behalf of the beneficiary and disburses the pay-out as a safety net to cushion against drought events. The government first piloted the programme in Marsabit County and by 2016 had expanded the scheme to Isiolo, Mandera, Wajir, Garissa, Kajiado, Turkana, Tana River and Samburu counties.

The paradigm shifted from livestock development to enhancing “resilience” through programmes such as the Drought Resilience and Sustainable Livelihoods Programme (DRSLP), the Regional Pastoral Livelihoods Resilience Project (RPLRP) and the Resilience and Economic Growth in Arid Lands (REGAL-AG) project. “Resilience” projects aimed to accelerate economic growth by promoting the development of livestock market facilities and regulatory frameworks, developing the capacities of individual and community enterprises and promoting investments in livestock value chains in five pastoral counties (Marsabit, Isiolo, Garissa, Wajir and Turkana).

Finally, the Kenya Climate-Smart Agriculture Project (KCSAP, 2017-2026) has recently taken the lead. The implementation of KCSAP in ASAL counties enmeshes improving water systems (boreholes), livelihood support, contingency emergency response, and value addition in agriculture.

Cattle watering at Dogogicha borehole (Range water infrastructure development project)

Cattle watering at Dogogicha borehole (Range water infrastructure development project)

In the period between 1970 and 2020, massive investments were made to mitigate the effects of drought in Kenya’s ASALs. What I have presented here is simply a snapshot of the billion-dollar investments made in drought management. Although some of these projects have contributed to improving the resilience of pastoralist communities, others have increased their vulnerability and inequality because of the manner in which droughts and related catastrophes are handled. Following the severe drought that affected the entire Horn of Africa, including Kenya, in 2011 a policy framework was developed to end drought emergencies. But can these continuous policy shifts and the massive investments in drought management end drought emergencies in Kenya?

End drought emergencies by 2022?

Ending Drought Emergencies (EDE) is a policy framework developed to strengthen drought management institutions and infrastructure. It emerged from the regional drought and disaster resilience summit held in Nairobi by IGAD member states and regional actors. The conference aimed to respond to the drought cataclysm that had affected the entire region resulting in an estimated US$12.1 billion in drought-related losses between 2008 and 2011.

Although some of these projects have contributed to improving the resilience of pastoralist communities, others have increased their vulnerability and inequality.

In Kenya, EDE is a distinct part of the Vision 2030 sector plan for drought risk management with the stated aim of ending drought emergencies by 2022 (MTP III). EDE aims to prioritise inclusive economic growth and reduce poverty by integrating various pillars of the Sustainable Development Goals (SDGs) and the Regional Drought Disaster Resilience and Sustainability Initiative (IDIRSI). However, in September 2021, Kenya’s President Uhuru Kenyatta declared the ongoing drought a national disaster and called for local and international interventions.

Is Kenya’s roadmap for ending drought emergencies realistic? Can Kenya achieve its vision of ending drought emergencies by 2022? The same development visions and plans that aim to integrate ASAL areas into the broader economic transformation continue to push pastoralism to the periphery. Mobility is central to how pastoralists exploit variable range resources. However, insecurity, restricted park and conservancy enclosures, and mega-development infrastructures impede pastoral mobility, fostering vulnerability among the pastoralist communities rather than enhancing their resilience.

Which way forward

Despite the massive investments in humanitarian aid, pastoral development projects, resilience building and “climate-smart” approaches to drought mitigation, pastoralists remain susceptible to shocks and stresses brought on by droughts. There are remarkable discrepancies between the value of the investments made and the results achieved in attempting to end the drought emergency.

The same development visions and plans that aim to integrate ASAL areas into the broader economic transformation continue to push pastoralism to the periphery.

Both failures and successes are evident, but there is an urgent need to close the gap between the levels of investments in drought management and the impact on vulnerability and resilience. As one research participant commented, “stop subsidising failures” and instead focus on supporting the existing institutions and infrastructures that have been put in place to counter drought events. One example is the livestock market facilities and abattoirs in the rangelands, which, according to some of my research respondents, have created “drought millionaires” but have had a limited impact on the lives of pastoralists. These failures are due to a lack of a sustainable and favourable framework. To foster resilience—the ability to withstand climatic shocks and bounce back better—there is a need for a collaborative effort by all the actors, including the state, Civil Society Organisations, international actors and the pastoralists themselves. In summary, three points are essential to reflect upon.

Recognising failures and successes

The government and humanitarian organisations have developed numerous drought management policies, programmes and projects. Handling drought emergencies requires a process of un-learning, learning, and re-learning by revisiting historical interventions and policies. This will help to uncover successes, the ramifications of drought responses, and the unintended structural conditions created by such interventions. Drought response must include considering other factors such as seasonal stress, access to resource infrastructures, and the population’s social-economic dynamics that influence how drought is perceived and managed—all these help in recognising and embracing drought as a management failure rather than as a cyclical absence of rain.

Pastoralism as a reliable profession 

Pastoralists are “reliability” professionals acting in “real time” by galvanising different networks, solidarities and resources. Sometimes, reliability is generated by negotiated access to restricted areas such as parks and conservancy areas and through adaptive mobilities and collective solidarities in the form of a moral economy. Collective solidarities help pastoralists to deal with labour deficit, insecurity, and access to resources. Although these practices of collective solidarity are sometimes stratified between people with networks, wealth, and other resources, they remain central to how diverse livestock owners navigate dry periods. External projects that aim to enhance pastoral resilience must recognise the existence of reliable institutions that help pastoralists to manage precarious conditions such as drought. Recognising pastoralists as active managers of drought crises and real-time coordination between pastoralists, state and development NGOs will enhance reliability and adaptive containment of drought emergencies.

Proactive approach

Policies that deal with drought management—such as early warning and contingency planning—are sometimes linear, progressive, and reactive. In contrast, drought events are very much unpredictable and require considerable multiple knowledge and open-ended approaches.

To contain drought emergencies, there is a need to embrace the participatory, relational, and open-ended perspective. In the words of one of my research respondents, “there is a need to move from the ‘policy’ classroom to the ‘field’ classrooms”. For instance, livestock market infrastructure is in place in most parts of the rangelands, but unfortunately, some of it is derelict. Instead of jumping from project to project in search of a short-term response, there is a need to embrace practical and proactive long-term solutions. These could provide stability in the rangelands, especially during dry periods, to help pastoralists exploit unevenly distributed resources. One suggestion could be integrating pastoralists’ safety net and the moral economy with the social protection projects in pastoral areas.

There should be a “pause” moment to rethink and reflect on how to embrace the drought emergencies and build forward better by turning the drought crisis into an opportunity for sustainable and reliable livelihoods in the ASALs and beyond.

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