Op-Eds
At Supreme Court, Kenya Is Also on Trial
11 min read.To have honest elections, its not just the electoral machinery but Kenya itself which will have to change.

Soon after the Independent Elections and Boundaries Commission (IEBC) declared Uhuru Kenyatta the winner of the presidential election on 8 April 2013, I was startled to see a call coming in from Gen. Michael Gichangi, the head of Kenya’s National Intelligence Service. I was in New York, having hurriedly left the country a month before the election because of death threats designed to keep me out of the campaign. Gichangi had been my nemesis during the 2007 election crisis, but once the Kibaki-Odinga Grand Coalition government was formed, we would occasionally have candid chats.
Anyway, Gen. Gichangi wanted to know how Raila would respond to the IEBC verdict. I assured him that Raila would do nothing which might lead to public protests. Oh, so he will accept the election result? Gichangi asked. I said no, he will not, he will appeal the verdict in the Supreme Court. There was silence for a moment before he said, “Even if going to the court could lead to protests and unrest? Are you sure you want that again?”
I was stunned. Raila was being asked by one of the most powerful officials in Kenya to forego his right to challenge the presidential election outcome in our Supreme Court that was newly created with the express mandate of determining presidential election disputes. That was done in part to provide breathing room and hope for redress for the losing candidate’s supporters while the three-week period that the court has to deliver judgement would diminish tensions. Indeed our universally hailed 2010 Constitution that created the court owed its promulgation to the violence that erupted immediately after the results of the bitterly disputed 2007 election were announced.
Gen. Gichangi’s suggestion that Raila desist from petitioning the Supreme Court was for me yet another indication of how far we as a country had fallen despite the new constitution, with the state openly flaunting its power by trying to prevent an electoral challenge.
Fast forward to a decade later—to 15 August 2022, when IEBC chairman Wafula Chebukati declared William Ruto the election winner and president-elect. Within a few hours I was doing a very interesting BBC interview until I was blown away by the presenter’s last question: Was it right for Odinga to challenge and therefore delay the final election result when Kenya was facing profound economic problems that needed urgent attention?
The question was startling, bizarre in fact, because it came not from a state operative but from the democratic world’s best known broadcaster that constantly pushes for greater democracy and for electoral integrity. Would the BBC discourage a lawful challenge by a losing candidate in a Western nation?
It was not lost on me that the British High Commissioner to Kenya, Jane Marriott, was perceived as being partial to Ruto, a claim she publicly rebutted after he was declared president-elect.
Interestingly, the United States has also been seen as being partial in this election. The US embassy twice put out an election-related travel advisory urging Americans to move about with caution. The first advisory, issued on 3 August, was criticized by Kisumu officials for mentioning only their city, the capital of Raila’s region, as being specifically dangerous. The implication was that Raila was expected to lose the election and that violence by his supporters might break out.
On Friday 2 September, a second US advisory went farther and imposed restrictions of movement on US government personnel in Kisumu ahead of Monday’s Supreme Court decision.
Separately, a US delegation led by Senator Chris Coons came to Nairobi and held talks with president-elect Ruto on security and anti-terror issues, even though it was known that Raila was to petition the Supreme Court and could potentially become president. Such signals from major powers at critical moments have significant impact as they can be read to indicate political preferences.
To come back to Gen. Gichangi’s 2013 suggestion, it seemed much more acceptable than the interventions of the UK and the US. Kenya’s intelligence and security services are the prime protectors of both national security and the continued rule of our entrenched political and economic establishment. This “establishment” has had an unbroken hold on our country for almost 60 years, ruling by hook or by crook—and through regularly rigged elections.
So it is no surprise that every single one of the four elections that followed our first—and only—fair election in 2002 has been deeply tainted by the actions of the electoral commission and other powerful actors. Such unlawful interference seems to have reached a new peak during the current election, judging by the submissions from Raila and other petitioners.
What has made the difference in the significantly increased revelations of illicit actions is that Raila, the long-time insurgent outsider, had joined forces with President Uhuru Kenyatta. Once seen as a poster child of extreme wealth and leader of the Kikuyu elite, Uhuru has adopted a reformist stance and was committed to neutralizing Kenya’s powerful election subverters (the “deep state”). He has also been preaching a strong multi-ethnic message of inclusion and, at political risk to himself, has repeatedly declared that presidents cannot continue to emanate from only two communities (his own and Ruto’s) for nearly 60 years, while at the same time expecting all Kenyans to feel that they are part of one nation.
So for the first time, the police service uncovered a number of rigging schemes, the most visible being their arrest of the three Venezuelan citizens who were in possession of IEBC election materials that they should not have been in possession of. Chairman Chebukati claimed that he had hired the three as IT specialists but could produce no evidence of such hiring. The police service also produced its own detailed forensic audit of the election tally that has helped identify problematic counts.
At the Supreme Court hearing of the petition, what stood out was Chief Justice Martha Koome’s skilful handling of the complex proceedings, comfortably asserting her authority and mastery of the law, as well as her decisive rulings. She also demonstrated collegiality and respect for the autonomy of the other Justices. I recall the difficulties she faced from what was a moderate vetting group who thought she rooted too much for women! How her mastery has grown—and now both top posts at the judiciary are held by women! This is among the many remarkable achievements Kenyans have been recognized for globally.
Raila had a strong petition, presented by his team of eminent and highly experienced lawyers who have long supported his democratic politics. Other petitioners’ lawyers added significant value to the case as well.
We have no idea if the Supreme Court will find the numerous allegedly unlawful actions to have decisively refuted Chebukati’s declaration of Ruto as president-elect. But the verdict that will be delivered on Monday will have a high degree of credibility. There is intense anticipation and excitement over the possibility that the Supreme Court ruling will be historic. We will know Monday.
The Supreme Court verdict does not, of course, automatically put an end to legal wrangles. In 2017, Raila’s petition led to the election being annulled by the court for “irregularities and illegalities”. It was a stunning verdict, the first ever in Africa. A re-run was ordered—but it was to be conducted by the same electoral commission that had committed the irregularities and illegalities!
Raila refused to run, and Uhuru Kenyatta and his deputy William Ruto were re-elected. The famed “Handshake” between Raila and the president took place the following year, in 2018, designed to overcome decades of political turbulence with a much more inclusive and collaborative model to unite the country. The last four years have seen a significant easing of historical political tensions, but there have been quite a few hitches too.
There is intense anticipation and excitement over the possibility that the Supreme Court will uphold Raila’s petition, which would be a huge boost for democracy and electoral participation.
So, if the justices accept the petitions, how will they propose to move forward? Clearly, Chebukati and his team cannot be entrusted with any responsibilities. Moreover, there is the question whether the 60-day constitutional limit within which the next election must take place can be amended through special constitutional measures.
Time has been a huge constraint in every petition. In 2013, a substantial chunk of Raila’s petition was disallowed by Willy Mutunga’s court for having been filed late. In many countries, there is a much longer lag between the election and assumption of office. In the US, it is over 75 days. In some countries it is four months. It is time to review the Supreme Court’s intense electoral experience over its decade-plus existence to see what lessons have been learned.
The rigging of four elections in a row is a shameful stain not just on the electoral machinery and the election officials but also for our nation and its many institutions. With election after election providing evidence of irregularities and illegalities at a minimum, faith in our democracy has been slowly dying. As observed, the turnout on 9 August was dramatically down, to about 65 per cent. It was 85 percent in 2013.
It is extremely ironic that the only fair presidential election ever held in independent Kenya took place in 2002 under the highly anti-democratic autocrat, President Daniel arap Moi. He had served his second and final term under the constitution but his anointed successor, Uhuru Kenyatta, lost to an unprecedented cross-national opposition— the National Rainbow Coalition (NARC) led jointly by Mwai Kibaki and Raila Odinga.
(There is a widely mistaken notion that the 1963 election was the first fair election held in independent Kenya; it was held in May of that year under colonial rule).
Electoral misdeeds are an extension of the rampant, massive corruption and theft that is literally killing Kenyans as the wealth of the country is siphoned off by the growing number of shilling billionaires. This is nothing less than the taking of food from the mouths of babes by those who have already made fortunes but show no sign of being sated!
With election after election rigged, faith in democracy was dying in Kenya. The turnout on 9 August was dramatically down, to 65 per cent at most, compared to 85 per cent in 2013.
This is grand corruption at its worst, very deeply entrenched and seemingly uncontrollable. Ironically, it is that vast pot of corruption gold that makes Kenya’s winner-take-all results of presidential and other polls so very desirable for those seeking riches and power. For some, even assassinations are part of their toolkit for success.
In the 2017 election, Chris Msando, the IEBC’s chief ICT officer responsible for ensuring the integrity of the election, was murdered just before the election. An incorruptible civil servant, he had assured Kenyans in a television interview that only he had the necessary electronic passwords and that the election would be fairly tallied. Photographs of his mutilated body were published, sending a clear message to those who might want to be brave.
Roselyn Akombe, an IEBC commissioner who was on sabbatical from the United Nations, resigned soon after and fled the country during the rerun of the presidential poll. Akombe had received many death threats and, alluding to Msando, said “You’d be suicidal to think that nothing will happen to you.”
In the current election, the Returning Officer for Nairobi’s Embakasi East Constituency, Daniel Musyoka, was whisked away after he briefly stepped out of his office; his body was found 150 miles away. The media has hardly probed into this awful killing by those who want to sway elections without having worked hard to win votes. If we did not enjoy close ties with the West, we would be pariah nation.
Assassinations of election officials occur because that tool has been used as a matter of course since right after independence. Elections are in fact a microcosm of all the horrors that afflict our nation. Kenya has had more political murders of potential future leaders—including renowned ones who were not part of the inner sanctum of power—than any other democratic country in the world. Fortunately there have been none in the last few years.
Kenya’s elections per capita are just about the most expensive in the world, costing a remarkable one third of a billion dollars each time. The electoral commission basically gets what it wants as Kenyans are willing to pay whatever it takes to have a secure, honest election. What they invariably get is the opposite.
The electoral commission engaged in rigging the last four elections. But the current one became much harder to pull off when Raila, the long-time insurgent, joined forces with President Uhuru Kenyatta.
From 2007 onwards, Raila Odinga has been the petitioner in all the four deeply tainted elections. He is indisputably the only presidential aspirant who has fought for real, pro-people change in the last 25 years, having earlier made major sacrifices including nine years as a political prisoner. But he rarely, if ever, speaks about any of the profound traumas that have been visited upon him and his family.
Like some credible independent analysts, I am convinced that Raila won the 2007, 2013 and 2017 elections. But not only has he kept going without a hint of bitterness, he has remained a larger-than-life figure, returning again and again to fight for a better Kenya.
And yet Raila is routinely referred to as the candidate who never accepts defeat. He has lost narrowly in the last four elections, and with regards to 2007 and 2017 (when the election results were annulled by the Supreme Court), there is consensus that he did not lose those elections. Did he lose the August 9 2022 polls? We will know Monday.
Because he is the only presidential candidate who fights for pro-people change and is immensely popular because of it, Raila is naturally the target of all the other major candidates, none of whom have reformist credentials. He is also the target of some foreign countries too.
The most vivid example of international anti-Raila animus came after the 2017 election, when former Secretary of State John Kerry, the senior-most US observer in Kenya representing the Carter Center, noted “Election day voting and counting processes had functioned smoothly with only isolated instances of procedural irregularities [which] did not appear to affect the integrity of those processes.” To make sure that his message was clear, Kerry publicly asked the “losing” candidate, Raila Odinga, to “move on”.
As we know, the Supreme Court annulled that election. Kerry was forced to publish an op-ed in the New York Times to camouflage his blunder. This episode again confirmed that foreign observers have no clue about whether an election has been free and fair. They mainly go by how voting day went, which in Kenya is invariably peacefully. But a peaceful election does not a fair election make. Africa needs to review the observer system from the ground up; and certainly, observers should specifically indicate what particular elements they looked at in their assessment.
The international media’s perception of Raila fails to reflect his commitment to reforms and change. To give a more current example than the interview mentioned above, a recent BBC article explored whether “results sheets were altered as Odinga claims?” “We’ve compared images of the original results sheets from these polling stations with those registered on the electoral commission website” it wrote. “In every case the results from the polling stations matched the official tallies published by the electoral commission.”
To have honest elections, it is not just the electoral machinery but Kenya itself that will have to change.
Given the BBC’s reputation and reach, people around the world will take this to mean that charges of fraud by the Raila team do not have a lot of credibility. But Prof. Walter Mebane, a renowned election expert at the University of Michigan, extensively studied this election’s results and found significant fraud, indicating however that the polling stations the BBC studied had revealed very low or no fraud.
The New York Times also shows a strong anti-Raila bias. Right after William Ruto was declared president-elect last month, the paper published a lengthy article portraying Raila as a leader who had lost even his hold on his ethnic base, quoting five of Raila’s kinsmen and Nic Cheeseman, a British scholar, to back its claims. The authors seemingly could not find a single voice with a differing perspective of Raila!
In a second article, the New York Times went harder at Raila. Prof Cheeseman now equated him to Donald Trump after the latter lost the 2020 election: “Misinformation, one side making wild accusations to excuse defeat, and a significant number of people who believe their candidate didn’t lose — it’s very Trumpian,” he said.
The article, titled In Kenyan Elections, the People Decide First. Then Come the Judges, asserted that “his legal team appear to have taken a kitchen sink approach, making a wide range of charges that, analysts say, range from the plausible to the outlandish.” The article goes on to mention “vicious personal attacks directed at the same electoral commission chairman who only recently was being praised for a polling process seen by many as a model for Africa, and beyond.”
I would like to mention that I have never heard anyone describe Chebukati in terms remotely approaching such hagiography. In 2017, it was he and his commission who were blamed by the Supreme Court for the “irregularities and illegalities” that led to the election’s annulment.
I think most readers will get the idea of what the New York Times thinks of Raila’s election petition. This is a man who at a minimum came close to winning the last four presidential elections. You would never realize that from reading any of these articles.
To avoid any misunderstanding, I should mention that I am not remotely implying that Raila cannot be criticized or his political weaknesses pointed out. I am a media person myself and I criticize people regularly. But unless I am writing about a recognized pariah, I avoid demonization and try to find a bit of balance.
We look forward to Monday’s decision by the Supreme Court on the petition filed by Raila. Whatever the decision, one can say that an awful lot of electoral re-thinking is urgently needed.
I can also say we will never have free and fair elections as long as corruption is not curbed, and addressing the extreme inequality and mass deprivation that are now part of Kenyan life becomes the nation’s most urgent priority.
A President Raila Amolo Odinga is what we need to get this clean-up process started. I very much hope the Supreme Court upholds his petition.
Support The Elephant.
The Elephant is helping to build a truly public platform, while producing consistent, quality investigations, opinions and analysis. The Elephant cannot survive and grow without your participation. Now, more than ever, it is vital for The Elephant to reach as many people as possible.
Your support helps protect The Elephant's independence and it means we can continue keeping the democratic space free, open and robust. Every contribution, however big or small, is so valuable for our collective future.

Op-Eds
Kericho County: Tea, Foods and Shifting Weather Patterns
Kericho County has experienced a gradual change in climatic conditions over the past three decades, with rainfall becoming irregular and unpredictable and drought more frequent. As a result, the region’s agricultural output is deteriorating.

Climate change has become a central topic in recent conversations. And however much we may wish to bury our heads in the sand and act like the implications aren’t dire, we must acknowledge that the impact is profound. From the inconsistencies in the weather patterns and the rise in temperatures among many other indicators, we are now seeing the effects of neglecting our environment.
Kericho County lies within the bread basket zone that is Kenya’s Rift Valley, enjoying adequate rainfall, a cool climate, and fertile soils that have made it a food hub and a cog in the wheel of Kenya’s urban food supplies. According to the 2014 Agricultural Sector Development Support Programme (ASDSP), agriculture was the primary occupation and a direct and indirect source of livelihood for over 50 per cent of Kericho’s the residents.
However, a worrying trend highlighted by climate experts points to a gradual change in the region’s climatic conditions over the past three decades. With rainfall becoming irregular and unpredictable and drought more frequent, the region’s agricultural output is deteriorating.
A June 2020 report by the Kenya Meteorological Department, and a March 2020 report by the Kenya Agricultural and Livestock Research Organization (KALRO), show growing disparities in how the climatic shifts affect different regions. Kericho’s daytime temperatures have gone up by 11 per cent while night-time temperatures have increased by 24 per cent. The changes have brought with them their fair share of problems and challenges to the region. For instance, the county is now witnessing crop diseases that were previously unheard of. Moreover, failures and reduced yields are forcing farmers to look for alternatives to crops like tea and coffee that used to do well in the county.
An estimated 79 per cent of the land in Kericho is arable and a majority of residents live in the county’s outlying rural areas such as Cheborge, Soin, Londiani, Chepseon and Buret where farming thrives. The county has four agro-ecological zones: Upper Highlands, Lower Highlands, Upper Midlands, and Lower Midlands. The main crops farmed in the county include tea, coffee, maize, and beans. Potatoes, wheat, flowers, and pineapples are also grown in parts of the county while dairy farming also does well in the region. Data from Kericho’s Second Generation County Integrated Development Plan 2018- 2022 indicates that on-farm employment accounts for over 50 per cent of all the jobs in the county, while the Tea Agricultural Authority affirms that tea farming supports over 5 million people directly and indirectly nationally. Kericho, Bomet and Nandi counties produce 46 per cent of all the tea grown in Kenya, an indication of the significance of tea to Kericho’s economy.
Tea farming in Kericho involves both smallholder farmers and large-scale multinational companies such as Finlays, Kaisugu, and Unilever. However, available reports show that incomes from the cash crop have been dwindling over the years, mainly due to the changing weather patterns that have contributed to low yields, while the crop is fetching less in the international markets. Some tea farmers in the region are now uprooting their tea plantations that have been adversely affected by prolonged dry spells, hailstorms, frost, and crop diseases, opting instead to venture into real estate, dairy farming, and farming of crops that can withstand the changing climate. While the shift is important in ensuring food security and sustainability of livelihoods, it also to a significant degree puts a dent in the county’s revenues owing to reduced tea exports.
Besides providing food to the country, agriculture also contributes to improved livelihoods. Managed well, it spurs economic growth, drives national short and long-term goals, and contributes to sustainable natural resource use and ecological balance within the farming communities. Agriculture also contributes significantly to household nutrition, savings, and county revenue, and is therefore a crucial sector in terms of investment and innovation.
However, climate change is making it impossible to sustain high agricultural production in a county where residents rely on rain-fed agriculture for their livelihoods, with poor yields translating to loss of income for those who rely on agriculture both directly and indirectly.
Crop failure means reduced incomes for farmers and other key players in the production value-chain, leading to a lower purchasing power and lower yields for other businesses that rely on farming. Low purchasing power means that the farmer cannot purchase farm inputs, which leads to poor yields in subsequent seasons. Moreover, low purchasing power affects education in the county, as farmers become unable to keep their children in school, thereby increasing the number of dropouts in the region.
Climate change is making it impossible to sustain high agricultural production in a county where residents rely on rain-fed agriculture for their livelihoods.
Forty-six-year-old Pauline Kimengich, a teacher in Kericho County, observed that there were cases of students in the region opting for early marriage after their parents were unable to raise money for their high school education, a trend which threatens the literacy levels of the county. Her sentiments are echoed by Enoch Tanui, 52, a small-scale farmer who admits to having his children help him out on the family farm because of lack of school fees.
According to the Agricultural Sector Development Support Programme (ASDSP), most of those involved in the various agricultural activities in the region are the youth and women, although the men do participate in information-sharing and decision-making. For instance, most of the workers in the tea farms are women and youth who work primarily as tea pickers. Given the role a woman plays in the community, loss of income due to dwindling fortunes in the agricultural sector adversely affects the running of households in the region.
Moreover, loss of income forces a change in the eating habits of families. Changes in eating habits pose nutritional challenges to the family which affect, most notably, children’s health, and lead to early marriages and increased levels of crime. According to the National Crime Research Centre’s 2018 report, Kericho’s recorded rate of theft stood at 42 per cent against a national rate of 40.4 per cent. This can be attributed to the loss of income as a result of changes in climatic conditions, as a majority of the county dwellers depend on agriculture. Moreover, the county also recorded high rates of cattle rustling (34.3 per cent), burglary and break-ins (21 per cent) and theft of farm produce (15.5 per cent) which can also be linked to the dwindling fortunes in agriculture.
The changes in farming techniques and the resulting challenges and strain on the food system are a wake-up call for all interested parties to act. When a county such as Kericho, which feeds our national forex basket through exports, feels the impact of climatic changes to such a great extent, one can assume that other cash-crop farming counties have not been spared either.
Climatic changes that lead to prolonged droughts and low agricultural yields mean that the government must invest heavily in relief programmes and other measures to mitigate their effects. This may imply the government diverting resources meant for development towards curbing the effects of climate change. Through the Ministry of Agriculture, Livestock, and Fisheries (MoALF) and with funding from the World Bank’s International Development Agency, the Kenyan government is implementing the Kenya Climate-Smart Agriculture Project (KCSAP) to build resilience against climate change and increase agricultural productivity.
By establishing Climate Risk Profiles, county governments are made aware of the climate change risks and opportunities in their counties and how to best incorporate these perspectives in their planning and county development projects. The National Climate Change Response Strategy (NCCRS), developed in 2010, recognizes the impact of climate change on a nation’s development. The formation of NCCRS birthed the National Climate Change Action Plan (NCCAP) in 2012, whose core mandate is to provide an implementation strategy for the proposals of the NCCRS. These two bodies have been fundamental to how Kenya responds to climate change and the steps to be taken towards achieving meaningful change.
Climatic changes that lead to prolonged droughts and low agricultural yields mean that the government must invest heavily in relief programmes and other measures to combat the effects.
The creation of county chapters of NCCAP that can work closely with the agriculture dockets in the counties to identify the challenges on the ground would be ideal in combating the effects of climate change as opposed to having an umbrella view of the situation. Farmers at the grassroots need to feel the impact of these programmes and benefit from the extension services if the country is to witness a meaningful impact.
The risks have led both national and international agencies to take action to fix the problem. With the world warming faster than at any time in recorded history, the United Nations Environmental Programme (UNEP) 2020 Emissions Gap Report proposed a solution across six sectors—energy, industry, agriculture, ecological, transport and cities—that member states can adopt. In agriculture, it proposes reducing wastage, adopting more sustainable diets, safe agricultural practices, and cutting back on emissions.
In the case of Kericho County, while the government is encouraging diversification, crops that can do well in the region but are only grown on a small scale need to be considered. For instance, local vegetables, chicken-rearing, and other agricultural produce should be produced on a large scale to reduce the over-reliance on one crop. This will ensure that people in the county have a source of livelihood even when one crop fails. Further, agricultural extension services, especially in the rural areas, need to be given a shot in the arm to ensure that farmers employ safer farming methods and are enlightened on the best ways to maximize yields while being mindful of their environment.
Rivers in Kericho such as Sambula, Chebilat and Tuyiobei have been drying up, reducing the water available for livestock and farming. Encouraging agroforestry, reforestation and afforestation will not only increase the diminishing forest cover but will also ensure water catchment areas are replenished.
Article 11 of the International Covenant on Economic, Social, and Cultural Rights (ICESCR) and Article 25 of the Universal Declaration on Human Rights recognize access to food as a legal right, as does Article 43 of the Constitution of Kenya. The right to food gives rise to three obligations by governments: the obligation to respect this right by not taking measures that deprive people the right to food; the obligation to protect this right by enforcing laws that prevent third parties from infringing on others’ right to food; and the obligation to fulfil this right by facilitating and providing for the empowerment of people to feed themselves.
The reduction in the yields of different crops imperils the right of all Kenyans to live a dignified life, free from hunger and malnourishment. Poor crop yields further reduce the purchasing power of farmers, which has a ripple effect on other sectors that are dependent on agriculture. The effects of climate change and poor agricultural yields also mean that food suppliers have to import or seek alternatives to meet demand in the market. This leads to an increase in rural-urban migration, which creates congestion in the urban centres and puts a strain on the available resources and opportunities in the urban settings. The failure of the tea crop, specifically, means that the nation loses export revenues, shifting the equilibrium in the balance of trade.
The reduction in the yields of different crops imperils the right of all Kenyans to live a dignified life, free from hunger and malnourishment.
Changes in climate also mean that those farmers who previously relied on tea will be forced to look for alternative means of livelihood. In an economy where creation of employment is low, job losses in the agricultural sector aggravate the dire situation in the already flooded job market. Lack of employment leads to crime as those formerly employed in the agricultural sector strive to fend for their families.
These changes underline the importance of environment conservation and working towards combating climate change. Good weather leads to flourishing agriculture. Investing in agriculture opens up employment opportunities in the farms and other industries that depend on agriculture, which reduces unemployment and brings down crime rates. Employment opportunities improve the purchasing power of citizens, enabling them to make informed and better choices in nutrition, education and other areas which translates to improved livelihoods and a more prosperous nation.
–
This article is part of The Elephant Food Edition Series done in collaboration with Route to Food Initiative (RTFI). Views expressed in the article are not necessarily those of the RTFI.
Op-Eds
Stealthy, Surreptitious Second Coming of Western Colonialism to Africa
The ludicrous proposal that every African country should put 30 per cent of its land under “protected areas” by the year 2030 to conserve biodiversity is mere window-dressing to enable Western capitalism to annex over 80 per cent of Africa’s landmass.

In November 1884, European powers (represented by elderly white men) met in Berlin presuming to divide amongst themselves the large “cake” that was the African continent. It was a looting mission that later morphed into a political exercise, and the rest as they say, is history. An interesting footnote is that the conference lasted a whole three months until February 1885, indicating that the discussions must have been quite protracted, and probably interspersed with copious amounts of food, drink and debauchery (a feature of conferences that hasn’t changed much, over a century later!)
Fast forward to 21st Century Africa. The much-touted Africa Protected Areas Congress (APAC2022) has been held in Kigali, Rwanda. Myself and others have already written and spoken extensively about how “Protected Areas” are actually “white spaces” in a majority black continent. During the colonial era, they were literally spaces set aside for the recreation of white people. In the post-independence era, the spectrum of users now includes black people, but they are still lily-white in terms of the paranoid, prejudiced, violent and intellectually stunted manner of their management.
This mentality is the “white” identity of conservation practice in Africa today. The practitioners have made many attempts to mask this identity, by creating strange mongrels referred to as “conservancies” of various kinds, but the concept is the same: annex land from indigenous African people who use it for their livelihoods and set it aside for the self-actualization of foreign elites.
Africa is fabulously wealthy in natural resources, but we must always remember that the value of the visible above ground resources is a mere fraction of what lies underneath. Sadly, the spectacular beauty of our wildlife, forests and rangelands makes them the perfect window-dressing for the cruel schemes laid out against us as a continent. The brutality of slavery and colonialism showed us the cruelty that exists within the matrix of Western capitalism. Laws and regulations have obviously been written in the last 100 years, but it we must remember that colonialism was a capitalist enterprise and it would be naïve in the extreme to imagine that capitalism had somehow lost its cruelty.
Africa is fabulously wealthy in natural resources, but we must always remember that the value of the visible above ground resources is a mere fraction of what lies underneath
The new dispensation only required that they apply new and more sophisticated methods and voila! Enter the climate change/carbon trade/conservation cult. It’s a perfect vehicle because it is pervasive, running in a contiguous vein through corporations, governments, civil society and even global bodies like the UN. Cult leaders (read: conservation “icons” like Goodall, Attenborough, et. al) have access to heads of state. Their greatest coup has been the so-called “30×30” plan, which is the ludicrous proposal that every country should put 30 per cent of their land under “protected areas” by the year 2030 to conserve biodiversity.
The “evil beauty” of this plan is that it has to be implemented in the global south, because there is no significant biodiversity gain to be made from expanding Regent’s Park in London or Central Park in Manhattan by 30 per cent. Everything is primed and ready to go. The adoption of this plan by the UN and governments smoothens out all the necessary regulatory hurdles, including by way of tax breaks in both the source and client states.
Once that is done, now all you need is a major conference like APAC2022 where you can blow all the dog-whistles against indigenous people and give all the apocalyptic alarmist statements about Africa (with no reference to the west where the real environmental destruction has been for the last 100 years). First, you pick a country like Rwanda that has formally decided that their greatest role in Africa will be as a European foothold on the continent (remember the UK refugees’ caper). Then you convene conservation organizations, practitioners, their corporate funders and governmental enablers. After a few days of lip service, drink and debauchery, you come up with a closing statement that includes a huge carrot and little substance and everybody leaves, struggling with the flatulence induced by excitement over the impending windfall.
One of the strangest parts of this excitement is that very little of the largesse actually finds its way to indigenous Africans. Most of it goes to expatriates from the donor countries, while Africans at all levels from heads of state to village elders are swayed with breadcrumbs in the form of business class air tickets, accommodation in luxury hotels, alcohol and per diem payments to attend meetings where they simply say “yes” to everything. The key point to note about this so-called conservation fund is that it proposes a “network” of a total of 8,600 conservation areas covering a total area of 26 million square kilometres. This is a startling figure, given that it is an area more than twice the size of the US, and represents more than 80 per cent of Africa’s land mass. How do these people subvert sovereign structures with such consummate ease? A simple tool known as “transboundary conservation areas”, conservation that purports to manage contiguous habitats across international boundaries.
We then find ourselves in a strange situation where non-state actors enjoy powers unheard of in state agencies, with untrammelled reach across international boundaries. An example of this power is the Big Life Foundation that operates across the Kenya-Tanzania border, enjoying access that the Kenya Wildlife Service (KWS) and Tanzania National Parks (TANAPA) cannot have. This is the nature of the new colonies. They fly under the radar by not following known boundaries, and within countries they exist as conservancies that don’t exist in law, don’t pay taxes and don’t register lands in their names.
We then find ourselves in a strange situation where non-state actors enjoy powers unheard of in state agencies, with untrammelled reach across international boundaries.
As the host of the conference, Rwanda has been the first signatory on this project and is taking leadership, asking other African countries to sign. With all due respect to that great nation, I don’t think that the owner of 0.0065 per cent of the protected areas in question should assume leadership of the same. This however reveals another well-practiced annexation technique of the conservation organizations—eliminating the individual opinions of nations and people by lumping them together into “projects” and “communities”. The colonists are here, again to stake a claim on our birthright. The other tried and tested technique is the relentless drive to evaluate our lands in terms of this strange thing they refer to as “carbon”.
What most Africans don’t realize about “carbon” credits, sequestration, sinks, etc., is that it is a tool for eliminating the natives from any discussions or calculations about the said land. They aren’t the fat old white men we see in the artists’ impressions of the Berlin conference. Many of them look like us, speak our languages, many are young, and many are women too, and they claim to be saviours. The methods and faces are certainly new, but the avarice and corruption remains unchanged, 137 years later. Despite myself, I must grudgingly acknowledge the historical correctness of holding the conference in Rwanda, part of what used to be German East Africa. Aluta Continua.
Op-Eds
Beyond Culture Shock: African and Western Values Revisited
The aspiration for common ground and common values is merely a delusion of those of military might. The less powerful retain a great deal of agency to reject outright those practices and values they find either unsuitable to their contexts or completely repugnant to their traditions.

Lately, that old conversation on the contest between African and Euro-American beliefs and values has found renewed energy. So, as Rwandan President Paul Kagame would sternly ask recently at the margins of the CHOGM meeting in Kigali, “Who defines those values?”
African and Western values are still seen as problematically and diametrically opposed to each other despite co-existing in a global village. “Why is that so?” European journalists, academics and diplomats ask themselves after working for five years in an African capital, and after seeing no difference between elite Nairobi and elite London. Why should we not have the same sensibilities? Consider the ways in which Nairobians and Londoners make their livelihoods, which is by renting out their labour for eight to twelve hours every day. Even the anti-capitalism activists in Nairobi or Kigali sound like Jeremy Corbyn or Bernie Sanders! Why then should we have different values regarding governance, animal rights, democracy or women’s rights?
This discussion that underlines an aspiration for common ground—some form of universality—on, among other things, what it means to be human, and the question of governance, specifically, electoral democracy as juxtaposed with growing authoritarianism, ironically and problematically still has the support of sections of the African elite.
It is curious that this conversation found new energy with Belgium’s return of a tooth belonging to CIA-murdered African giant, Patrice Lumumba, and with the holding of the CHOGM meeting in Kagame’s Rwanda, who will be running for another term in office. “How does Kagame continue like that?” the democracy enthusiast asks. “We returned the tooth; that matter should be settled or not?” another Eurocentric die-hard adds. There was also the small inconvenient issue of the Melilla massacre on the Morocco-Spanish border and the plight of black folks in Ukraine. But who cares? Why are African political actors and sections of their elite still indifferent and slower to embrace the democratic ethic—as British democracy professor Nic Cheeseman wonders—and perhaps also to embrace other beliefs and values as espoused in Europe and North America?
Worth noting—and terribly problematic—is that there is a great deal of pressure on African political actors to exhibit inexplicable civility and loyalty especially as regards constitutionalism (as if constitutionally extending their stay in power isn’t a form of loyalty itself), and in the treatment of opposition groups and critics (even while journalist Julian Assange has been incarcerated for years and is facing extradition to the United States where he potentially faces 175 years of imprisonment for exposing the war crimes of Western modernities. Notice also that this conversation continues in a colonial-racialised paradigm and hierarchization where the African cultural and political actors have to constantly explain themselves to the Western world from a point of disadvantage—because theirs is the primordial position (a position that President Kagame touches in his interview cited above). I am not a defender of any abhorrent African political actors (whose actions, in all fairness, and in a more theoretically grounded sense, are not unique to them, but are, rather, a product of power). But I am concerned about the language of values and rights and the apparent insinuations of “indifference or slowness” on the part of African communities and actors to appreciate the universal values of democracy and human rights as understood in Western discourse.
First, despite being open to cross-cutting influences from elsewhere, it is difficult to achieve common ground on performative practices since cultures tend to be geographically contained. Talal Asad has told us that even Islam, which has a universally appreciated text, manifests differently in different geographic and time spaces. It is my contention that the conclusion of this beauty contest of cultures and traditions—achieving common understanding of their inherent differences—is dependent, ironically, on non-cultural markers, specifically, power, power being the term for Western military and economic advantage. It is not the superiority of ethical-cultural-value systems, and nor is it the absence of similar handicaps and vulnerabilities on either side of the Atlantic, but rather power and politics. It is the power relation embedded in the African adage about the hunter (more privileged) writing the story of the hunt to their advantage, before the animal (the less powerful) learns to tell their own story.
It is difficult to achieve common ground on performative practices since cultures tend to be geographically contained.
This contest over African and Western values is an old one. West African historians Ade Ajayi and Cheikh Anta Diop were among its first African pugilists. East African interlocutors including, more famously, Okot p’Bitek, Ngugi wa Thiongo, and Ali Mazrui participated in this conversation. Okot p’Bitek accused African actors of being fully imbued with the “colonialists’ practices” (exemplified by such accoutrements as the wigs won by judges to ape Europeans) and thus needing to “decolonise their minds”, as Ngugi would famously put it. Mazrui’s essay, Islamic and Western Values, which tackled topics such as press freedom and democracy, concluded that the difference between Europe and the Islamic world was a difference of method, but the ills of power on either side of the aisle were the same.
Although I find it endlessly productive for African activists to constantly remind themselves and their European/American interlocutors of the words of Africa’s early intellectuals—on the non-uniqueness of the crimes of African political actors or the absolute goodness and uniqueness of African cultural traditions as understood on their terms—my intention is not to rehash the words of those intellectual giants. My intention is rather modest. Mine is a traveller’s tale of a journey into the lands of our “former” colonisers. My people in Buganda say that “travelling is seeing, and returning is telling”. However, in telling this traveller’s tale, I want it to be read within the problematic frame of culture talk—or of a beauty contest between cultures.
For the last couple of years, I have been observing our former colonisers, and have become obsessed with turning the gaze on our beloved friends. How would a native from the African continent, from deep in the countryside, supposedly “untouched” by colonialist modernity, react upon encounter with some European—still present or recently dying—cultural/traditional practice? Because, frankly, the idea of cultural cross-fertilisation and integration, while it presents itself as pick-and-choose (where one aspect is chosen over another), it also presents itself as a package, as an entire system or civilisation. Here mediations that are understood as political (such as modes of governance or economics such as capitalism or the peasantry) intimately tie in with that which is viewed as essentially cultural (such as family, marriage, sexuality, kinship or inheritance). As I have argued before, our European friends have toned this down as “cultural shock”, preparing the native’s mind for the horror they might encounter upon reaching Europe. It is some sort of challenge to understand, learn and perhaps embrace. But as a native I am stubbornly refusing to accept this as simply cultural shock.
Intercourse and kinship with animals
A few years ago in Berlin, I encountered a group of activists who were inconsolable about being denied their right to make love to animals by the German state. “Why seek to moralize our country?” they angrily asked. I need to start this story from the beginning: Before 2012, our former colonisers in Germany—the country which hosted the 1884 Berlin Conference—had the legally sanctioned the right to make love to animals. This is understood as being in their blood; not that they lacked other outlets for sexual release, but that this was their natural inclination. Yes, it was normal to enter your bed, visit a pig stye, a kraal or a kennel and lower your pants and penetrate or be penetrated by the animal of your heart’s desire. It was only after 2012 that animal rights activists made a breakthrough, convincing co-nationals that it was unnatural for humans to find pleasure in mating with animals. The Bundestag, the lower house of the German parliament, finally passed the law banning intercourse with animals. Dear Africans, this was in 2012.
Dear reader, I am kidding you not, after this 2012 ban—just ten years ago—concerned Germans petitioned the courts to remove the ban, arguing that they were naturally attracted to animals. But in 2016, the ban was upheld much to the celebration of many Germans. However, the agitation for this right to be restored continues to this day. Please note that around this time, Norway, and Sweden had also banned the practice, and a British newspaper, The Independent, reported, that this had led “to a rise in the underground animal sex tourism in Denmark”. People interested in sex with animals—Zoophiles, so they are called—made trips to Denmark, which was yet to ban the practice, to satisfy their desires.
Two years after Germany, Denmark was conflicted on the same issue. While animal rights activists seemed to have made a breakthrough towards having the practice proscribed, the 12-strong Animal Ethics Committee of Denmark was opposed to banning the practice. The president of the Animal Ethics Committee, Bengt Holst, argued that the ban was unnecessary since the Animal Welfare Act, which was already in place, advocated for the protection of animals as it prohibited “animal suffering, pain, distress or lasting harm”. This meant that you were free to make love to the animal of your choice as long as you didn’t cause it “suffering, pain, distress and lasting harm”. For Bengt Holst, seeking to “moralise” the issue of making love to animals was not in good taste.
Great Britain—the world’s largest coloniser—only banned the practice in 2003 with the Sexual Offences Act. Some of its clauses are captured in this article which publishes allegations that former UK prime minister David Cameron once inserted his manhood in a dead animal while still at university in Oxford. Quoting a biography that is rightly described as controversial, the newspaper wrote that, “the Prime Minister inserted a “private part of his anatomy” into a “dead pig’s head” while at Oxford University—an act that was allegedly photographed.” So, before 2003, our friends in the UK would have liked the African primitive to understand their reaction to the idea of mating with animals as simply cultural shock.
This meant that you were free to make love to the animal of your choice as long as you didn’t cause it “suffering, pain, distress and lasting harm”.
Our new colonising powers in the United States still have several states where mating with animals is permissible despite campaigns to ban the practice. By 2016, bestiality was still acceptable pleasure in Texas, Hawaii, Kentucky, Virginia, Nevada, New Jersey, New Mexico, Ohio, Vermont, West Virginia, Montana, Wyoming and the District of Columbia, and New Hampshire. In a nicely researched article, British psychologist, Dr Mark Griffiths reveals that, “many zoophiles believe that in years to come, their sexual preference will be seen as no different to being gay or straight”. And while it is difficult to ascertain it, many zoophiles believe animals have given them some form of consent.
My intention is not to add to the voice of anti-bestiality campaigners in Europe or the United States, or to ridicule lovers of the practice. Not at all. But if I took the vantage point of an African anthropologist—of the colonial type—writing my tales about Europe and North America (with titles such as Into the Heart of Dark Europe; Flame Trees of Berlin, the Orients of the West, etcetera) for travellers, and students on the African continent, I would tell them about the inexplicable backwardness of the people in the West. I would challenge them to be careful about these animal-loving barbarians of Europe and North America. African readers would be appalled by the idea of human beings sleeping with animals, and lobbying and fighting to keep the right to do so. Part of my intention would be to inspire them to travel to these lands and perhaps seek to civilise these people, forcefully if need be, and if they can, to also take their lands. Because the culturally backward have no right to property and neither are they able to govern themselves.
Before 2003, our friends in the UK would have liked the African primitive to understand their reaction to the idea of mating with animals as simply cultural shock.
Perhaps my larger contention is this: while cross-fertilisation is true about cultures and traditions, and oftentimes, and that, for their survival, less powerful communities/traditions are conscripted to the dictates of the most hegemonic power, the aspiration for common ground is merely a delusion of the militarily powerful. There are dislikeable, almost disgusting things on either side of the aisle, and cross-fertilisation ought to be understood as slower and fluid. While conscripts are often cast in an inferior position, they retain a great deal of agency within the constraining limits. They will not only remodel, repackage, or refashion that which they have to adopt from the hegemony, they will also often reject outright those practices and values they find either unsuitable to their contexts or completely repugnant to their traditions. Thus, journalistic and academic promoters of implied notions of “common ground” and “common values” from the Western world to their colonised conscripts ought to beware of these nuances and dynamics of time, fluidity, and refashioning.
-
Politics2 weeks ago
Kenya’s 2022 General Election: A Biting Cold Wind Against Our Colonial Nakedness
-
Long Reads2 weeks ago
Britain’s Unelected Leaders: A Class Detached from Reality
-
Op-Eds5 days ago
Stealthy, Surreptitious Second Coming of Western Colonialism to Africa
-
Politics5 days ago
Colonial Deportation in Context: What Goes Around, Comes Around
-
Long Reads5 days ago
“If my husband touches you I will kill you”
-
Culture5 days ago
The Emblems of Food Aid in West Pokot
-
Op-Eds5 days ago
Beyond Culture Shock: African and Western Values Revisited
-
Reflections5 days ago
So What is an African Immigrant Today?