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Charles Njonjo: Ruthless Defender of Entrenched Inequality

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The political and legal system that Njonjo defined and defended was meant to guard the security and prosperity of Kenya’s wealthy and entitled upper classes. It has endured.

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Charles Njonjo: Ruthless Defender of Entrenched Inequality

Charles Njonjo, the first Attorney General of independent Kenya, died earlier this year at the age of 101. Writers of obituary essays have rendered competing verdicts on his life. The activist John Githongo warmly remembered Njonjo as a “steadfast friend and a man of his word”. The politician Miguna Miguna, by contrast, gave a dark valedictory: “Rot in hell, Charles Njonjo”, he wrote. “You represent all the problems Kenyans want and must rid themselves of”.

Njonjo saw himself as a stalwart defender of Kenyans’ liberties. In his day, he was a prolific contributor to political conversation: his speeches from the floor of Parliament were said to be second only to Tom Mboya’s in their length. His favourite theme was the relationship between law and liberty. On one memorable occasion, he lectured parliamentarians for an hour and 45 minutes, insisting that preventative detention—the incarceration of people pre-judged as dangerous to the political order—was entirely constitutional. The legal and administrative regime that he defined and defended was meant to guard the security and prosperity of Kenya’s wealthy and entitled upper classes. It was a regime that was paranoid about dissent, scornful of the poor, and focused on the security of property. It was a regime where—in the name of the common good—many categories of people found themselves incarcerated.

That is why it is worth inquiring again into Charles Njonjo’s life. It is not to humanize a man who disregarded the humanity of so many people. It is that, in unpacking the human history behind Kenya’s political institutions, we can see—and also challenge—the logics that uphold injustice in our contemporary times.

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Charles Njonjo’s father, Josiah Njonjo, was a divisional chief under Kenya’s colonial government and one of the founders of the Kikuyu Association, an early political party. He was by no means a pliable tool of British colonial policy. When in 1933 the government appointed a commission to investigate Gikuyu people’s complaints over the loss of their hereditary lands, Chief Josiah testified at length about the injustices that had attended the onset of colonial rule. British settlers had appropriated “land which was ours and on which they now plant coffee and make themselves rich at the expense of the Kikuyu owners”, he said. African farmers taking their cattle from one part of the Gikuyu reserve to another were forced to pass through European farms, risking fines and imprisonment. He asked the government to rectify the injustice:

Seeing that both we and the Europeans are children and subjects of the King, surely it is only fair that all the children should be given equal justice? We are as loyal as the Europeans and are as prepared to work for the sake of Her Majesty as the Europeans are.

Chief Josiah’s appeal was framed within the logic of conservative loyalism. He sought to level out the racial hierarchy that structured colonial Kenya’s politics, insisting that Africans, like white settlers, deserved justice from the British crown.

It is not surprising that Chief Josiah’s son would become a lawyer. In the late 1940s, Charles Njonjo was in England, studying at Exeter and the London School of Economics, where he chaired the East African Students’ Union. He applied for a post in the colonial civil service, but insisted that the terms of his employment should match those offered to Europeans. When Kenya’s government refused, an indignant Njonjo entered Gray’s Inn to study law. By the early 1950s, he was living with a young Harry Nkumbula—later a leading Zambian nationalist—in a London flat provided by the Communist Party. According to British intelligence, he was friendly with the Caribbean activist George Padmore, and was involved in Fenner Brockway’s Congress of Peoples Against Imperialism. He returned to Kenya in January 1955 to take up his first government post: as temporary Assistant Registrar General. British intelligence operatives thought him possessed of an “anti-European outlook” and “potentially very dangerous”. He was popular among African students in London because of his “personality and pleasant manners”, but capable of “cool, calculated reasoning to achieve his ends”. When he landed in Nairobi, he was found to have in his luggage a prohibited publication: George Padmore’s Africa: Britain’s Third Empire, a vituperative critique of Britain’s colonial project in Africa.

Njonjo applied for a post in the colonial civil service, but insisted that the terms of his employment should match those offered to Europeans.

Here is one way to see Charles Njonjo. Formed by his father’s conservative loyalism and by his own experiences with colonial racism, he spent his career wielding the tools of English culture and identity to demand recognition, respect, and authority from European and American brokers of power. By 1963, he was Kenya’s Attorney General, the first African to hold the post. He was famously fastidious in his manner, appearing always in a three-piece Saville Row-tailored pinstripe suit, with a watch chain looped across his waistcoat and a red carnation in his buttonhole. He complained on the floor of Kenya’s Parliament about politicians who “dressed like shamba men [garden boys]”. It was “disgraceful”, he said. He attended the ceremonies in London marking the 750th anniversary of the signing of the Magna Carta, and told the Kenyan press that “the Magna Carta is part of our tradition, too”. He was patron of the East African Library Association, and once told an audience that “libraries are sacred spaces and librarians are very holy people”.

At a time when most African states were hastily placing Africans in the topmost positions of the civil service and the military, Njonjo insisted that British policemen, soldiers and civil servants were essential. “Should we lower our standards . . . just because a man has a black face?”, he asked. He scorned cultural nationalists’ efforts to make Swahili Kenya’s national language. Kenyans should not be ashamed of speaking English, he told parliamentarians, because it was “not an Englishman’s language but an international means of communication”. Swahili was a concoction of Arabic phrases, with an inadequate vocabulary. To speak Swahili on the floor of Parliament would “make this House like that of Babel, because nobody would understand whatever the other said”. He insisted that Kenyans should “avoid as much as possibly an attempt which would make us narrow in our outlook”.

It is for this reason, perhaps, that Njonjo was a consistent defender of Kenyan women’s liberties. He derided the nationalist impulse to calcify public culture in the name of traditional morality. In neighbouring Tanzania and in Uganda, governments were adopting laws prohibiting the wearing of miniskirts and wigs. It was, according to activists, a way of defending African women’s morals against foreign influences. Charles Njonjo derided this cultural defensiveness. When in 1966 a parliamentarian introduced a motion to bar women from wearing slacks and tights, using lipstick, or straightening their hair, Njonjo took the floor and pointed out that the mover was wearing headgear that was inconsistent with traditional attire. Women should be allowed to exercise the “right to choose their own fashions and makeup and men should not interfere”, he averred. In 1972, politicians called for a ban on lurid films from Kenya’s cinemas. Njonjo insisted that parliamentarians “must respect the intelligence of our people. Kenyans should be intelligent enough to judge for themselves”.

American diplomats found Charles Njonjo to be “svelte, dapper, articulate, informed, and totally incongruous in the black African context”. Njonjo saw himself as a legatee of the Anglophone tradition of legal and political reasoning. It was a source of moral authority, an instrument that he could wield against other Kenyans—and against Europeans and Americans, too. When the American newspaper magnate Katharine Graham—publisher of the Washington Post and Newsweek—was late for a meeting, Njonjo scolded her for her lack of punctuality, then brusquely turned on his heel and walked out of the room.

The Kenya that Njonjo sought to create was meant to be—in his words—the “greatest living example of democracy, justice and peace”. But there was no space for the poor. They were disreputable, a danger to the public good. In 1968, Njonjo pushed through a new law giving authorities the power to remove prostitutes and beggars from cities and send them to work for their parents on the land. He called beggars “lazy people who think they can enrich themselves at the expense of others”. Under Njonjo’s tenure, punishments for crimes of property were disproportionately harsh. In August 1963—a few months before Kenya’s independence—Njonjo warned “thugs” that assault and theft would be punished with “the severest sentence”, including public flogging. He insisted, “Kenya must get back to the stage where people can leave their homes and property without worry and where they will feel secure”. A few years later Njonjo again waxed nostalgic about an imaginary past, telling parliamentarians, “Kenya should go back to the old way of life where a person could leave his house unlocked and not be worried that thieves would break into it”.

Njonjo saw himself as a legatee of the Anglophone tradition of legal and political reasoning.

Here was the political theory that lay beneath the growth of Kenya’s security state. Over the course of his nearly twenty years in public service, Njonjo insisted that “a strong popular government must be ready at all times and in all circumstances to protect the security of the state and the liberties of the people”. The incarceration of dissidents, detention without trial, the expansion of prisons—all of this was, for Njonjo, a means of guaranteeing Kenyans’ freedom. The “liberty of individuals could only be protected by protecting the state”, he told parliament in 1966, while defending a new law allowing for the long-term detention of criminals. The “law means nothing if it were not to ensure liberty, but liberty could only exist when protected by law and legal process”, he said in 1971. Law and liberty “stand hand in hand, as equal partners in the fight against their common foes of anarchy and oppression”. In 1977, while defending the detention of dissidents by government, he warned, “Kenya’s freedom could disappear overnight if adequate public security was not provided”.

It was, among other things, a rationale for expanding the power of Kenya’s president. When in 1968 opposition activists pressed for the creation of a new post—a Prime Minister, who would control and advise President Kenyatta—Njonjo called the proposal “misconceived, meaningless and pitiful”. Eight years later, Njonjo warned Kenyans that it was a “criminal offence” for anyone to “compass, imagine, devise, or intend the death or deposition of the President”. The mandatory sentence for any such offence was death.

A great many people lost their lives and their freedom in those years. A great many people spent years in prison as a guarantee for the security and liberty of Kenya’s rich and propertied classes. Some of the detainees were well known. Raila Odinga—now a leading contender in Kenya’s presidential elections—was detained from 1983 to 1988, from 1988 to 1989, and from 1990 to 1991. Amnesty International adopted him as a prisoner of conscience. Martin Shikuku, Kenya’s most consistent parliamentary critic of government corruption, spent three years in prison. The famous novelist Ngugi wa Thiong’o was detained in December 1977 for “activities and utterances which are dangerous to the good government of Kenya”. Other people suffered anonymously. They were caught up in a carceral system that was geared to the punishment and confinement of the poor. When in 1969 Kenya’s courts sentenced a 19-year-old man to ten years in prison for snatching a bag from a pedestrian, Attorney General Njonjo defended the sentence, arguing, “Young offenders who commit cold and calculated crimes deserve severe and long term punishments”.

That, then, is another way to see the late Njonjo: as a ruthless defender of entrenched inequality, an architect of a legal and political system that advantaged the wealthy and criminalized the lives of the poor. In the 1950s, hundreds of thousands of Kenyans had been tried and convicted of offenses committed during the course of the anti-colonial Mau Mau insurgency. After independence, many Kenyans expected—naturally—that their records would be wiped clear, that the new government would ignore or vacate convictions given under colonial jurisdiction. For Attorney General Njonjo there were no clean slates. He promised that “previous convictions of a political nature incurred by people in the fight for independence” would be ignored by independent Kenya’s magistrates. But earlier convictions were, however, always admissible as evidence in a court proceeding. “Theft under the colonial Government is still theft today”, he said.

The most cutting criticism of Charles Njonjo’s life came from the novelist Ngugi wa Thiong’o, whose satirical novel Matigari ma Njirũũngi was published—in the Gikuyu language—in 1986, six years after his release from detention. The novel features Matigari, a Mau Mau warrior who comes out of the forest to confront the injustices of post-colonial Kenya. In a pivotal scene the “Minister of Truth and Justice”—clad in a pinstripe suit, with a red carnation on the lapel and a white handkerchief in the breast pocket—confronts a restive crowd of workers and students. Having already arrested and detained their leaders, the Minister assures them that “without the rule of law—truth and justice—there is no government, no nation, no civilization”. There follows a self-revealing sermon about the law:

Niĩ ngĩrĩire wathoinĩ, ngarũmio na ngarũmia watho, ngathoomithio na ngoomithio watho, na ũmũũthĩ ũyũ nĩ niĩ mũigi, mũigĩrĩri, na mũgitĩri watho.

I was brought up in the law. I abide by the law, and the law abides in me. I have been taught the law, and I staunchly believe in it. I am the guardian of the law today. I make the law, and I ensure that it is kept.

In the Gikuyu original, the Minister mashes up the different functions of legal practice. The words slide together. There is no space, grammatically or vocabularically, for judicial independence. There is no separation of powers, no function of the law that is distinguishable from the person of the Minister himself. Ngugi’s satire reveals Charles Njonjo’s definition of the law to be tautologically self-interested, self-defining, and self-elevating.

Njonjo’s downfall, when it came, was swift. On 1 July 1983, he announced that he was resigning his position as Minister for Constitutional Affairs. He was accused of scheming, in the company of Kenya Air Force men, to oust President Daniel arap Moi. President Moi appointed a Commission of Inquiry to go into Njonjo’s affairs, and over the course of 109 days, Kenyans were transfixed as a parade of witnesses opened up Njonjo’s dirty laundry for public inspection. On average Kenya’s leading newspaper, the Daily Nation, dedicated six and a half pages per day to the hearings; and over the course of several months the newspaper published over a million words about Charles Njonjo’s private life. Sales rose dramatically: where the newspaper had been selling 150,000 copies per day, during the Njonjo inquiry it sold 200,000 copies.

Njonjo warned Kenyans that it was a “criminal offence” for anyone to “compass, imagine, devise, or intend the death or deposition of the President”.

Much of the evidence seems to have been introduced with the sole purpose of embarrassing Njonjo. The panel spent several days in January 1984 discussing the excess baggage that Njonjo shipped from London to Kenya on Kenya Airways. The baggage—which arrived in the airport every few weeks—weighed 240 kilograms on average. There were suitcases and boxes full of oranges, clothing and toys. There were regular shipments of Ribena. Njonjo never paid customs duties on any of it; neither did he pay the shipping costs to Kenya Airways. Four months later the panel listened to witnesses describe how Njonjo had funnelled money from the Association of the Disabled in Kenya to support the Kikuyu Constituency Development Fund. “Njonjo Diverted Disabled’s Money” was the newspaper headline.

There was more serious evidence too. Witnesses described how Njonjo had made plans with mercenaries from Israel and South Africa, planning a coup timed for early August 1982. Based on this and other evidence the judges ruled—in December 1984—that Charles Njonjo had set in motion “intrigues deliberately designed to undermine the position of the Head of State, his image, as well as usurp the power of the constitutionally established government”. President Moi pardoned him on the very day the verdict was announced. Njonjo duly repaid the funds that had been usurped from the Association of the Disabled, and thereafter he largely disappeared from public life.

The political and legal system that Njonjo built, however, has endured. In a recent article, the journalist Patrick Gathara has argued that contemporary Kenya’s prisons “carry the DNA of their forebears”. Today over 50,000 people are detained in Kenya’s prisons, crowded into buildings that are meant to house 14,000 at most. According to a 2015 report, Kenya has incarcerated more of its citizens than any other country in eastern Africa, outside Rwanda and Ethiopia. Today Kenya’s elite lives behind barbed wire fences, while—under the guise of counter-terrorism—Kenya’s police target poor and marginal residents of Nairobi. As Gathara argues, this is a legacy of colonial government. It is also a legacy of Charles Njonjo. In working to protect Kenyans’ liberties, he made the incarceration and punishment of the poor seem to be a moral necessity.

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Derek R. Peterson is Ali Mazrui Collegiate Professor in the History Department and the Department of Afro-American and African Studies at the University of Michigan.

Politics

Poor Anti-Terrorism and Asylum Policies Harm Northerners

The blanket terming of northerners as terrorists informs Kenya’s policy on asylum and refugees, and leads to human rights abuses.

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Poor Anti-Terrorism and Asylum Policies Harm Northerners

For many refugees from Somalia, Ethiopia, and Eritrea, the question “Wapi kipande?” is synonymous with torture. It is a question that has been used by the Kenya Police to extort money from refugees and those from northern Kenya for many decades now. Wapi kipande? simply means, “Where is your ID?”  A question deliberately asked to a group of people whom the police are aware lack the mandatory Kenyan ID cards because of their status as refugees.

Many refugees from the Horn of Africa who have settled in Europe, North America, and the Middle East left Kenya with the horrors of wapi kipande. I have met some and they tell me that the first thing they remember about Kenya is wapi kipande and the abuse they suffered at the hands of the police. I was not spared this abuse. I have spent time in a dingy police cell despite holding a genuine Kenyan ID, having been born and brought up in the country. If you are from northern Kenya, or Somali or Ethiopian or Eritrean, lacking the ubiquitous one hundred shilling bribe can cost you your freedom.

I am from the north and, like refugees from the Horn of Africa, of Afro-Asiatic heritage, distinct from the majority of Kenyans who are from either Bantu or Nilotic communities. Their physical features make these refugees stand out, easy targets for harassment. In a report published in 2013, Human Rights Watch claimed that Kenya Police “raped, tortured, and arbitrarily detained over 1,000 refugees” with little to no action taken by Kenyan authorities to investigate and put a stop to the abuse. To date, nothing has changed.

Refugees

The harassment of refugees from the Horn of Africa is part of a pattern of discrimination against the people of northern Kenya who live along the border with Somalia and Ethiopia and who are themselves often accused of being “aliens”. Communities living on the border between Kenya and Ethiopia did not end up there by accident. They share cultural traits with communities living in their ancestral homes inside Somalia and Ethiopia. Like the Maasai and Kuria along the Kenya-Tanzania border, and the Luhyas along the Kenya-Uganda border, the northerners found themselves on either side of the border after the partitioning of Africa at the Berlin conference of 1884/5 that established most of the African borders as we know them today.

The Maasai, Kuria, and Luhya communities residing on the Kenyan side have been easily accepted and are treated much more favourably than northerners are. Discrimination against those from the north appears to be inspired by a racist agenda that has affected generations of their kin. For many decades now, there has been a policy of vetting the youth from this region before they are issued with Kenyan ID cards. Apart from those of Arab heritage, youth from other parts of Kenya do not undergo this vetting.

The ID

For the youth, and the people of northern Kenyan in general, the vetting process for the issuance of an ID card or a passport is long, arduous, and intrusive. And it can take years. Delays in the process have been known to impact college starting dates for the youth, who as a result are locked out of employment and are unable to open bank accounts or even own a mobile phone.

The discrimination of people from northern Kenya has now extended to their being termed terrorists by security forces.  Several Somalis and others perceived to be Somali or of Horn of Africa descent have allegedly been kidnapped and disappeared by the police. The blanket terming of northerners as terrorists now also informs Kenya’s policy on asylum and refugees.

In mid-2021, the Kenyan government ordered the closure of Dadaab and Kakuma refugee camps in the north of the country for “harbouring” and “breeding” terrorists without providing evidence to back its claims.  In a move that was bound to breach international law, the government ordered the forced repatriation of Somali refugees back to their country of origin despite the continued instability and insecurity in Somalia, which made it unsafe for them to return.

For the youth, and the people of northern Kenyan in general, the vetting process for the issuance of an ID card or a passport is long, arduous, and intrusive.

Kenya is a signatory to the Refugee Convention of 1951 and the 1967 Protocol. The terms of the Convention are legally binding and a breach of any of its norms is a breach of international law on the protection of refugees and asylum seekers. The forceful repatriation of refugees in the Dadaab and Kakuma camps, had it gone ahead, would have fallen foul of the “non-refoulement” rule, a core principle of the Refugee Convention that stipulates that refugees cannot be returned to a country where they would face persecution based on “race, religion, nationality, membership of a particular social group or political opinion”.

In the last few years, Kenya has demonstrated its policy of discrimination against refugees and asylum seekers from the Horn of Africa in the way it handles Ethiopian nationals; they are described as aliens and treated like criminals. The humanitarian crisis created by the war in Ethiopia has forced many Ethiopians to flee to safer countries such as Kenya and Sudan. But many of those who have fled to Kenyan have not been processed in accordance with the Refugee Convention but have instead been jailed and fined before being forcefully returned to Ethiopia despite the ongoing war and the political instability.

A lack of asylum processing centres on the Kenya-Ethiopia border and the non-recognition of Ethiopian refugees has forced them to turn to people smugglers. The result is a spike in human trafficking activities along Kenya’s northern border.

When war broke out in Ethiopia, Kenya did not prepare for the influx of refugees and asylum seekers that would cross its borders from Ethiopia and also from Somalia and Sudan.  Instead, it left the door open for people smugglers who have been operating with impunity as they easily smuggle people into Kenya despite the many police checks between the border towns and the capital. Corrupt immigration officers and police are paid to turn a blind eye to the people smugglers. When they are arrested, individuals who, in the legal sense, should be free and registered either as refugees or as asylum seekers and offered protection under international law instead end up in prison. Jailing and fining innocent refugees only ends up putting more pressure on Kenya’s criminal justice system.

Terrorism is also used as an excuse to return “Ethiopian aliens” found in the country. Only recently, local media reported that residents of Kenol, near Thika town, turned on Ethiopian nationals who had just survived a road accident, suspecting them to be terrorists. In the Kenol incident, initial reports suggested that an official of the Kenya Defence Forces was behind the wheel accompanied by another armed soldier who fled the scene after the accident. The picture now emerging is that the smuggling of people into Kenya is the work of government officials working in cahoots with organized criminals. The absence of refugee reception and processing centres at border towns and Kenya’s disregard for the Refugee Convention have created a thriving people-smuggling business between the Horn of Africa and Kenya.

Designated terrorists

The blanket terming of Kenyan northerners and people from the Horn of Africa as terrorists seems to be an extension of the discriminatory policies towards people from the north or those with origins in the north. This discrimination plays into the hands of terrorists who capitalize on the lack of proper procedures and policies for processing those fleeing conflict in the Horn of Africa.  It also plays into the hands of corrupt government officials who extort and harass northerners and refugees for money, or sell ID cards and passports to would-be terrorists for monetary gain.

In the last few years, Kenya has fast-tracked citizenship for the Makonde and Shona communities of Kenya, originally from Tanzania/Mozambique and Zimbabwe, respectively. They arrived in Kenya later than the communities in northern Kenya who are still waiting to be accepted as Kenyan citizens. Children born in Kenya of Somali and Ethiopian refugees who are now in their 30s qualify for Kenyan citizenship under international law, but they have yet to be regularized yet a new policy offers fast-tracked citizenship to investors to spur Kenya’s economy. It is unclear whether the many Somalis and Ethiopians who have heavily invested in Kenya will find it easier to obtain Kenyan citizenship or whether they will still face prejudice and discrimination. Refugees in Kenya, particularly those from Somalia and Ethiopia, have contributed immensely to the country’s economy.  The failure to regularize their status affects not just the refugees’ socio-economic progress but that of Kenya as well because of lack of a proper and effective asylum and migration policy.

The labelling of northerners as terrorists has also led to human rights abuses, with residents facing arbitrary detention or kidnapping by “security forces”, never to be seen again. It is also a label that has alienated northerners, who are treated with suspicion by non-northerners and non-Muslim communities.

Forcing refugees underground is potentially opening the country to transnational crime with illegal arms, drugs, and other contraband goods filtering into the country. However, corruption is also a contributing factor to transnational crime as government officials are known to accept bribes to turn a blind eye to people smugglers and organized criminals. Blaming northerners and refugees from the Horn of Africa for insecurity and illegal trade is convenient when the actual root of the problem is to be found in Kenya’s systemic failures.

It is unclear whether the many Somalis and Ethiopians who have heavily invested in Kenya will find it easier to obtain Kenyan citizenship.

An effective and fair asylum and migration policy would separate the wheat from the chaff so to speak, and help the country to create a database of bona fide refugees. Granting citizenship to long-term refugees from the Horn of Africa is a sure way of integrating them into Kenyan society and a means of protection from harassment by the police and other corrupt government agencies.

The country also needs to speed up the registration of births in the north to capture and maintain data for Kenyan citizens born in the country. This is one scheme that would save time and resources, both and for applicants of ID cards and passports from the north and for the government. Undocumented youth is a demographic that is unable to contribute to the economy or even participate in civic duties such as the upcoming general elections.

A socio-economic malaise born of discriminatory racist prejudice should have been a thing of the past by now. The diversity of tribes in Kenya is not static and is bound to expand as the country progresses. The recent inclusion of the Makonde and the Shona is proof that the ethnography of the country is open-ended. This must now also include refugees from Somalia, Eritrea, and Ethiopia who have made Kenya their home for many years and continue to contribute economically. That acceptance may just help in bringing peace to the north and putting an end to the discrimination and human rights abuses suffered by northerners. The move would also shore up Kenya’s standing on the international stage as a tolerant country and one that respects its international obligations regarding citizens of other countries.

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Politics

Why African Coups Have Nothing To Do With Democracy

Framing coups in juxtaposition with electoral democracies is not only simplistic but is also distractive in the sense that it reduces coups to just a mode of government, argues Yusuf Senrunkuma.

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Why African Coups Have Nothing To Do With Democracy

As coups reappear on the African continent, there is a growing body of commentary that has problematically sought to juxtapose them with electoral democracy.  So, the question is being asked whether coups do or do not signal an end to democracy—and thus a return of the scary opposite, authoritarianism. Most prominently, the BBC, which officially never publishes opinions, ran a curious opinion piece, “Coups in Africa: why they don’t spell an end to democracy” by Nic Cheeseman and Leonard Mbulle-Nziege. As indicated in the title, the piece aggressively connects coups to authoritarianism and discusses coups as a competitor or threat to democracy. The piece is meant to reassure readers that despite the cheers and celebration for the coups, electoral democracies are still in vogue on this dimly lit continent. A more nuanced, and more empirically useful piece appeared in The New York Times: “Five African Countries. Six Coups. Why Now?” Although the NYT analysis does not directly focus on the drills and labours of democracy, it employs the same dialectic, debating coups against democracy.

Before discussing the ahistoricism and related theoretical limitations internal to these analyses, my contention is that framing coups in juxtaposition with electoral democracies is not only simplistic but is also distractive in the sense that it reduces coups to just a mode of government—problematically viewing them as a highway to authoritarianism.  In truth, coups are much more than a mode of government or a means to power. More theoretical-historically, coups in Africa are a colonial question related to the modern state, and the throes and turns that bog this “post-colonial” construction. Coups constitute a part of those events that have come to define the search for the soul of the independent African state. Phrased differently, if independence concerned itself with uplifting the formerly colonised—in all spheres of human development such as education, health, income, access to food and water, access to capital, civil liberties and dignity of Africans—these dreams have been defined and continue to undergo different political processes in different moments in the life of the postcolonial state.

What is historically accurate is that the soul and promise of independence is above any form of government (democratic, authoritative, cultural-hereditary); rather, it is constitutive of different political events. Therefore, these coup-vs-democracy analyses are not only ahistorical and theoretically handicapped, they also ought to be seen as absolute neo-colonialist distortions. They blur the histories and political economies, regimes of power and pillage in which major global political shifts continue to shape the African continent, especially in the context of what Sabelo Ndlovu-Gatsheni has called coloniality, or “postcolonial neo-colonised Africa”, as Gayatri Spivak terms it.

Coups constitute a part of those events that have come to define the search for the soul of the independent African state.

What is normally confusing to observers is that coups display a deeply contradictory form of agency on the part of the African actors—the military coup leaders—who tend to be viewed as selfish power grabbers. That is half the analysis. In fact, it is the smaller analysis. In truth, while actors appear to be responding to or may claim actually visible local grievances (specifically, the emptiness of independence), they are at the same time, sadly, responding to, and are inspired and riding on shifts in political regimes in Europe and North America (from where, also, coup execution resources come). The shifts in European-North American politics which influence local events on the continent often relate to the ways in which African resources continue to be pillaged. This essay is an effort to make visible these historical, local-international shifts, and their interactions with the soul of the African.

Africa since independence

One can actually draw a periodised graph reflecting shifts in African politics and the ways in which leaderships have changed since independence in the 1950s and 1960s to the present.  These shifts in local African politics were responses to seismic shifts, to superior forces in neo-colonial politics. Oftentimes, these shifts have little to do with the men who emerge as new leaders in Africa, except through a little positioning and sheer luck. It could be anybody. This is not to say that African actors are deprived of all agency. Not at all.  African actors, especially ordinary folks, have continued to exercise agency in seeking to find meaning in their independent nation states. But often, they are crushed or exploited by superior international players who are quick to influence and conscript publics through both violent and technocratized means. The table below captures the different phases in both global and African politics, and the ways in which they respond to each other.

Period Intl./colonial contestations Local events/leaderships
1955-1965 Independence Anti-colonial leaders
1965-1975 Neo-colonial posturing Coup leaders
1980-1990 Cold War/Proxy wars Liberation wars
1990-2010 USSR collapses, USA rises, Capitalism Electoral democracies
2010-2020 R2P, Human Rights movements, ICC Street Protests/Arab Spring
2020 — Africom; rise of China, Russia, Turkey Coups return


Note:
Of course, there are, and will always be overlaps. But the table captures the most prominent political orders of every decade. Congolese politician Denis Sassou Nguesso is the living embodiment of these overlaps, having participated in most of these different phases (led coups, liberation wars, and currently wins elections).

***

Independence saw anti-colonial leaders naturally emerge as presidents and prime ministers: Kwame Nkrumah in Ghana; Patrice Lumumba in Congo-Kinshasa; Milton Obote in Uganda; Julius Nyerere in Tanzania; Jomo Kenyatta in Kenya; Aden Adde in Somalia; Kenneth Kaunda in Zambia; Agostinho Neto in Angola; etc. Discussing the myth of the postcolonial world, Puerto Rican sociologist, Ramon Grosfoguel has noted, “The heterogeneous and multiple global structures put in place over a period of 450 years did not evaporate with the juridical-political decolonization of the periphery.” Indeed, with African independence, colonialists had only strategically withdrawn, but were too impatient to return. As Africa’s leaders sought to consolidate the promise of independence, the “former” colonisers jostled for ways of continued access to resources in the so-called formerly colonised places: coups came to define the African continent.

In addition to assassinations, such as, more prominently, that of Congolese leader Patrice Lumumba in 1961 (in which Americans and Belgians supported Mobutu Sese Seko), coups were the more prominent feature of the new wave of colonial tinkering starting in the early 1960s and running through the 1980s. Nkrumah is overthrown in 1966.  Mali’s Modibo Keita in 1968.  Uganda’s Milton Obote in 1971.  Fulbert Youlou of Congo-Brazzaville in 1963, and his successor, Alphonse Massamba-Débat, five years later. In Somalia, Siad Barre’s coup takes place in 1969. Nigeria’s Tafawa Balewa is couped in 1966 by Yakubu Gowon.  In Rwanda, Juvenal Habyarimana overthrows Gregory Kayibanda in 1973.  Ethiopia’s Haile Selassie is overthrown by the Derg in 1974, while Muamar Gaddafi’s coup happens in 1969.

With African independence, colonialists had only strategically withdrawn, but were too impatient to return.

Throughout this period, many promising leaders that had emerged from the colonial struggle would be either assassinated, blackmailed or simply couped out of office. It is important to note that while these coups were the product of local grievances, they were largely masterminded by former colonisers jostling for access to resources. (In West Africa, to this day, France has sustained its grip on 14 countries using its central bank, its currency, and its military.) With the culture of coups introduced, one coup led to another, and more leaders sought to portray themselves as the most compliant with the demands of their former colonisers.

Then came the Cold War, as superpowers wrestled each other, again over our resources. Proxy guerrilla wars gave us the next crop of leaders (1980-90s). Africa became the battleground for “liberation wars”, with contending groups, aligned to a superpower, seeking to overthrow the dictator that had come to power through a coup. Foreign-supported Ugandans fought against nationalist leader Idi Amin, and later Obote II, ushering in Yoweri Museveni. President Paul Kagame’s Rwandan Patriotic Front (RPF) fought Juvenal Habyarimana. In Somalia, several groups emerged to fight against Mohammed Siad Barre during the Somali civil war between 1980 and 1991. In the Democratic Republic of Congo, Laurent Désiré Kabila fought and overthrew Mobutu Sese Seko. One major driving thread was that rebel-liberators had to have the support of a superpower, or a subsidiary, which often gave them access to weapons, cash, and other resources including public relations for the purposes of legitimacy.

With the collapse of the Soviet Union in the late 1980s, we entered an era of democratic elections alongside structural adjustment programmes. Former guerrilla leaders quickly started chanting multiparty politics, and surviving coup-presidents quickly mutated into capitalist-democrats. They promulgated constitutions, and also periodically held elections.  But their actual hold on power was not through elections; rather, it was bedrocked on giving former colonisers unlimited access to resources.  (These were technocratized, expert-driven pillage schemes executed through regimes of banking, tax avoidance by multinational corporations, and monopolies—all of them superintended by the new colonial administrators, the World Bank and the IMF.) These leaders include Yoweri Museveni of Uganda, Hosni Mubarak of Egypt, Joseph Kabila of DRC, Omar al-Bashir of Sudan, Jerry Rawlings of Ghana, Ethiopia’s Meles Zenawi, etc.

Throughout the 1990s and 2010s, former rebels and earlier coup leaders—now democrats and incumbents—organised and won one election after another. In truth, the ways in which an election unfolded did not matter; what mattered was the holding of an election itself, which translated into legitimacy for loans and grants. During this time, with one single power dominating the world, and already granted access to resources across Africa, there was a phase of relative political stability, with leaders enjoying long spells in office.  It did not matter who was in charge of the country or which policies they implemented, as long as they implemented free market economics, which in effect allow Europe and North America unrestricted access to resources.

It is important to note that while these coups were a product of local grievances, they were largely masterminded by former colonisers jostling for access to resources.

Then came the era of human rights movements and discourses—especially within the context of 9/11, the birth of the International Criminal Court (ICC), and the endorsement of the Responsibility to Protect doctrines. Emboldened by one of the doctrines of R2P, which is protection against human rights and other violations (with potential for intervention), street protests as a legitimate means of political negotiation were born.  Indeed, it is the 2010-2020 decade that gave us, among other things, the Arab Spring. Ironically, the uprisings in Arab Africa and the Middle East continue to be read as “struggles for democracy” or are viewed as “manifestations of democracy”. (There are tons of papers and media commentary with keywords “Arab Spring” and “democracy” in their headlines.) They were not agitations for democracy. With the exception of one country, Libya, the others—Morocco, Algeria, Tunisia, Egypt, and Syria—have continuously held elections, a major defining marker of a democratic dispensation (and on the basis of which the WB and the IMF view a government as legitimate and thus deserving of loans and grants). But as the victory of the Muslim Brotherhood in Egypt and Ennahda Movement in Tunisia demonstrated, these were historical struggles for independence, with formerly colonised peoples still dreaming of being governed on their own local-cultural terms, and ironically seeking to escape the oppressive and exploitative character of the democratic order preached by the world’s “new intellectuals of empire’” in academia and mass media.

Presently, human rights discourses have not necessarily become obsolete, but they have lost their salience and their urgency. They have been overtaken by events. There is dullness around them, especially in black Africa, where current governments freely give foreign banks and Western monopoly capital all the access they need.  But at the same time, our democracy-practicing former rebels have found smarter ways of preventing protests from taking place while some communities simply lack the intellectual and material resources to pull off successful protests.

There is a new phase in international European colonial positioning: On the one hand, there is United States Africa Command (AFRICOM) established in 2007 and launched in 2008. Coming on the heels of 9/11, Africom was pitched as a tool to coordinate military relations with African countries.  But in reality—as all US bases actually do—Africom pursues and protects American political and economic interests. In an enriching conversation with Democracy Now, political anthropologist Samar Al-Bulushi noted that Africom,

. . . now has approximately 29 known military facilities in 15 states across the continent. And many of the countries . . . that have experienced coups or coup attempts are key allies of the U.S. in the war on terror, and many of the leaders of these coups have received training from the U.S. military.

To fully appreciate the new phase emerging on the continent that favours coups, one has to consider the other side of this conversation—the other seemingly competing powers.  China, Russia and Turkey have continued to rise in power and stature and are viewed as destabilising long established (American-European) patterns of resource exploitation on the African continent. Indeed, the ongoing rivalry between China and the United States has been well documented. With the ideological orientation of the soldiers trained by Africom, and the security-related grants they are privileged to receive (easier than anything else, be it education or health, as Al-Bulushi noted in the same interview), it is arguable that more than a decade later, these officers are seeking to take over power, securitizing entire countries, confident to emerge as the legitimate buffer between their ideological and military benefactors and the Chinese and Russian competition. Worth noting is that over and above the push-and-pull between these new superpowers, long-staying leaders have become an embarrassment to their benefactors in Europe and North America—particularly with regard to their human rights records—while at the same time they are easily winning elections and constitutionally amending constitutions. Once they are deposed, Europe and America are hard-pressed to condemn the coups. It is no wonder then that coups are receiving general acceptance in our so-called international community.

The problem with democracy discourses

I started this article with the assertion that coups have nothing to do with democracy, and nor does democracy have anything to do with coups. But coups point to the revolving life-cycle of foreign and local interests, and the quest for meaning in Africa. Democratic or un-democratic (whatever those terms mean), African countries remain the same: exploited, their economies dominated by Western bankers (and African banks are the most profitable across the world), exporters of raw materials (and not because they are unable to add value), with heavily impoverished populations and a youth problem, etc. From Nigeria to South Africa, Zambia to Ghana, Kenya or Uganda, with regular elections and chants of democracy, these countries remain the same with regards to most growth indices. Strangely, a so-called non-democratic autocracy, Libya under Muammar Gaddafi was classed as most advanced on the UN Human Development Index, above South Africa.

In their BBC opinion piece of 8 February 2022, Cheeseman and Mbulle-Nziege express worry but are also confident in the resilience of democracy. Thus, they are quick to pour water on the cheers that welcomed coups in some of the places where they took place. They are armed with figures and surveys that they endlessly regurgitate, discussing inexistent things such as economic growth and human rights. While running their surveys, they never include the work of anthropologists to appreciate the quality of civil publics in Africa, and nor do they include the work of historians and political economists dealing with broader theoretical questions relating to notions such as “problem spaces” and local-international connections.

The ways in which an election unfolded did not matter, but what mattered was the holding of an election itself.

The NYT analysis on the other hand, points to the excitement around coups, but notes that the grievances run deep, springing mostly from the economy and continued colonial control.  Focused on understanding why coups are back, the NYT underlines, “insecurity, bad governance, and frustrated youth”. Reporting on pro-coup voices in downtown Ouagadougou, the NYT notes that they were “inspired by the way the junta in neighboring Mali had stood up to France, the increasingly unpopular former colonial power”. Quoting an ordinary person—a customer at a cellphone market in Ouagadougou called Anatole Compaore, who had welcomed the coup, the NYT reported him as saying, “Whoever takes power now, he needs to follow the example of Mali—reject France, and start to take our own decisions,” echoing the anti-colonial sentiments that run deep in most West African states still under direct French control, which also include Togo, Senegal, Niger and Côte d’Ivoire.

Quick to dismiss any grounds upon which coups could be welcomed, Cheeseman and Mbulle-Nziege simplistically and directly connect coups to authoritarianism, arguing that authoritarian regimes do not deliver economic growth. They write, that “despite growing frustration with the way that multiparty politics is performing [link in original], on average democracies generate higher economic growth and do a better job of providing public services, according to a study at the US’s Cornell University.” Without problematizing the ways in which democracies generate higher economic growth (than non-electoral regimes such as Saudi Arabia, Qatar, Libya under Gaddafi, or the United Arab Emirates), it is curious scholarship that directly connects non-electoral leaderships to autocracies incapable of delivering civil liberties and freedoms. Perhaps noticing this anomaly, Cheeseman and Mbulle-Nziege add, “The poor performance of authoritarian forms of government on African soil . . . helps to explain why the support for democracy is high,” perhaps to create the dichotomy that authoritarian governments elsewhere have performed better. But how does one generate firm understanding through such ahistorical and untheoretical analyses?

It becomes clear that democracy discourses in the present “problem space” of African politics ought to be understood as not necessarily obsolete but overtaken by events ironically emanating from Europe and North America, and their contestations. Africans remain colonised. New problem spaces require that we ask questions that are specific to the discursive context. Clearly, coups are back because of the nature of the new phase we are in in the life of the neo-colonised postcolonial state.

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Under Fire: Forced Evictions and Arson Displace Nairobi’s Poor

Urban displacements greatly diminish the living conditions of already desperate populations living on the brink of poverty.

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Under Fire: Forced Evictions and Arson Displace Nairobi’s Poor

On 15 November, Minoo Kyaa, a community activist from Mukuru kwa Njenga, South Nairobi, tweeted,

We keep asking each other “we unaenda wapi?” [Where are you going?] and even tho it isn’t funny we laugh about it and stare at each other in disbelief.

At the time, Minoo was living in a tent on the site of her former home, along with some 40,000 other forcibly evicted Mukuru residents. Their dwellings had been demolished to make way for a link road connecting the city’s industrial zone to a contentious new expressway, plunging them into a humanitarian crisis. A pet project of incumbent President Uhuru Kenyatta – intended to be another symbol of his “legacy” – the seventeen-mile toll-road, dubbed a “Road for the Rich” by critics, aims to facilitate speedier movement between Nairobi’s Jomo Kenyatta Airport and the Central Business District.

Last November, the authors of this article convened a meeting with activists and community representatives from across Nairobi to understand the causes and consequences of displacement in urban contexts. We wanted to get a clearer sense of the circumstances under which poor urban residents are regularly compelled to leave their homes. Four of those who attended, roughly a third of our participants, were and remain directly affected by events in Mukuru, which they recounted in disturbing detail, providing troubling insights into the conditions of extreme precarity under which Nairobi’s poorest residents are repeatedly forced to rebuild lives and livelihoods following forced evictions.

The first wave of displacement in Mukuru, they told us, began abruptly on October 10th, just two days after a public announcement that they should move to make way for the road. Some say they received notice only moments before the Nairobi Metropolitan Services (NMS) and the Kenya National Highway Authority (KeNHA) bulldozers appeared. Others were caught unawares: “We only saw bulldozers, the General Service Unit [the paramilitary force known as ‘GSU’] and men in blue [regular police officers],” said Rukia, a Mukuru resident also living at the time on the site of her demolished home. She continued: “[It was] like they were marching at Nyayo Stadium,” in reference to the military parades these forces perform before dignitaries at the National Stadium during state functions –  with forceful intent and an exactness in implementing an agenda.

Within a short time, heavy machinery razed to the ground residences, businesses, places of worship and schools under the watch of the police and the GSU. According to local residents and reports in the media, at least one person was killed by a police bullet during the protests that followed. There are reports of others being buried under the rubble as they sought to salvage their belongings, or dying of heartbreak.

“We only saw bulldozers, the General Service Unit and men in blue.”

Evicted households were offered neither compensation, nor alternative housing arrangements. Consequently, with nowhere to go and in a bid to protect from land grabbing “cartels” and thieves the spaces they had known as home for decades, many found themselves encamped on the rubble of their former homes. Their temerity and resistance in the face of the evictions and the looming private developers continues to inspire.

Who are these “cartels”, as locals refer to them? They are well-connected citizens with interests in property development that can, because of their likely links to the government, prompt land grabs in areas considered informal. Their association with the state, though difficult to prove, is evidenced in the continued role of the police during Mukuru evictions where they respond to demonstrators with teargas, water cannons, and live ammunition. During the most recent unrest, which was sparked by attempts to clear the area of residents and demarcate the space with beacons on 27 December 2021, two residents were shot dead and scores of others were injured. Today, months after the first eviction in early October, many of the displaced remain homeless and are unable to re-establish livelihoods in Mukuru in the face of a formidable alliance of enemies: property developers backed by the police and the government.

Informal evictions: Nairobi’s incendiary displacements

None of this is unique. Of the fifteen activists and community representatives from across the city who participated in our November focus group – from Mathare to Mukuru, to Baba Dogo and Kayole – two thirds had faced the reality or the threat of development-induced displacement. Each case involved populations in informal housing settlements having to make way for concrete structures – roads such as the Jomo Kenyatta International Airport-Westlands expressway, or residential high-rise buildings.

And yet these “formal” evictions – in which official involvement is often signalled by the presence of bulldozers flanked by various police forces – are just part of the story. We also learned of fires that residents believe are intentionally started to clear slums. It is virtually impossible to prove that these conflagrations are started with the deliberate intention to grab land. However, there are good grounds for the perception that these fires serve as “informal evictions”. Crucially, they have occurred in locations where the poor reside on desirable land; where land-title arrangements are contested, and/or where proximity to the city attracts the construction of more lucrative housing than the shacks that once stood upon these sites. As one activist commented, “In almost all places where there is a fire, a high-rise building will come up.”

Their temerity and resistance in the face of the evictions and the looming private developers continues to inspire.

Participants at our November meeting counted 14 episodes of displacement since the beginning of 2020, either through the construction of infrastructure or by the setting of fires. These took place in Shauri Moyo, Deep Sea, Kariobangi, Korogocho Market, Nyayo Village and Kisumu Ndogo, Baba Dogo, Njiru, Ruai, Gikomba, Viwandani, Mathare, Kibera and Kangemi. In total, these violent episodes involving either arson or demolition by bulldozers have deterritorialized, either permanently or temporarily, thousands of Nairobi residents over the last two years.

The social consequences of urban displacement 

Despite their diverse causes and contexts, urban displacements share a common set of consequences. Above all, they greatly diminish the living conditions for already desperate populations living on the brink of poverty. While they do not take place across borders, those who are affected live and suffer in ways that are comparable to the plight of refugees. Evictions typically involve the demolition of property, arrests and fines, and often feature brutal violence of the kind described earlier – the expulsion of entire communities from their homes, a disruption of livelihoods, and loss and damage of personal effects, such as belongings and identity documents.

And, certainly, this impact is gendered. Women, habitual caregivers, have had to take care of children in situations of greater precarity than usual in Mukuru. In the absence of housing structures and a community that can protect each other, the threat of sexual and gender-based violence looms larger than before, as but one example of the gendered impacts of forced evictions.

The hardship experienced by those displaced in urban contexts is persistent, with many being forced to move on more than one occasion. In several of the aforementioned sites, evictions have occurred more than once within relatively short spans of time. For example, Dagoretti Centre was demolished several times by the City Council between 1971 to 1978. During that same period, Soko ya Mawe (1975), Mafik (1979) and the villages of Light Industries (1980) also faced evictions. Indeed, the history of displacement in Nairobi is as old as the city.

Urban displacement: past, present, future

As early as 1902, four years into the emergence of Nairobi as a railway town, the “Indian Bazaar” was demolished for being “unhygienic” – a result of racialized projections that would lead these evictions to recur twice by 1907. Africans, whose very presence in the city was conditional upon their registration as workers, had to contend with the regular demolition of their dwellings, legalized by the 1922 Vagrancy Act.

During the emergency period, between 1952 and 1960, whole settlements in the Eastlands area, such as Mathare and Kariobangi, were flattened as they were perceived to harbour anti-colonial agitators and undesirable city dwellers. Fifty years since the colonial evictions, post-colonial urban governance continues to borrow from a similar toolbox: from Mji wa Huruma, to Muoroto to Kibagare settlements, thousands of Nairobi residents have been forced to make way to concrete: usually roads, buildings or housing for more prosperous citizens.

Today, over 60 per cent of Nairobi’s population lives in its informal settlements, which make up just 5 per cent of the city’s residential area. Many homes in these “slums” are built with corrugated iron sheets, and residents lack access to adequate sewage, electricity, or water systems, denied to those without the titles that would confer on them tenure rights to their dwellings. Over the years, justification for the violent displacement of the “informal” (we would say informalized) sector workers and residents has included concerns over tax evasion, trespassing, traffic congestion and food safety. Yet the highway that displaced Mukuru residents was equally informal: it did not feature in the 2014 Masterplan for Nairobi and nor was a strategic environmental assessment of its costs undertaken. It, however, continues to be defended by the government, including the National Environmental Management Agency (NEMA), as a viable means to “decongest” the city.” Evidently, concerns with order, modern aesthetics and “hygiene” have always prevailed over the principles of equity and inclusion in the governance of Nairobi, and it is probably for these reasons that the Evictions and Resettlement Procedures Bill – introduced to Parliament in 2012 – has not been passed.

In the absence of housing structures and a community that can protect each other, the threat of sexual and gender-based violence looms larger than before.

Despite a legislative framework from which to draw upon, such as Article 40 of the 2010 Constitution that upholds the protection of property, the majority of our elected representatives do not prioritize the formulation of policies that protect those at risk from the inhumane consequences of urban displacements. Evictions have been widespread over decades, and, as we have noted above, there is anecdotal evidence to suggest they may be taking increasingly sinister forms, with fires being deployed to expel and intimidate those living in areas considered “informal”.

If documents such as Kenya Vision 2030 are anything to go, the present scenario, in which the poorest elements of urban society are being repeatedly displaced in violent, unjust and often illegal evictions, is likely to worsen. This development plan, which is used to justify an ever greater proliferation of concrete infrastructure, is frequently referred to by technocratic proponents of large-scale hypermodern architecture. And as the infrastructure it portends is materialized in order to realize Vision 2030 or presidential legacies, more communities will likely be forced to move.  All of which underlines the need for an urgent response from civil society, which must scrutinize the role of the state, county governments, and private interests in inflicting incessant housing insecurity, and psychological and physical trauma on already marginalized communities.

This article is the first in a series on migration and displacement in and from Africa, co-produced by the Elephant and the Heinrich Boll Foundation’s African Migration Hub, which is housed at its new Horn of Africa Office in Nairobi.

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