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Kenya’s political standards present a new problem for EAC federation by Charles Onyango-Obbo

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Kenya’s fascinating election — and burgeoning democracy — continued to play out in the week. The dispute over the August 9 election went to the Supreme Court, and some strange “unAfrican” orders were made.

Among them, the judges ordered the Independent Electoral and Boundaries and Boundaries Commission (IEBC) to give the petitioners access, under supervision, to all the electoral body’s servers, so they could dig around for evidence of election rigging.

The courtroom proceedings were notably magisterial, with the judges sitting up on stage with passive Buddha-like facial expressions and on the floor, the lawyers preening like sages.

The flood of evidence was a reminder, if anyone needed it, that Kenya is an equal-opportunity-election-fiddling nation.

The incumbent or incumbent-favored presidential candidate or party, and the outsider or opposition, have an equal chance of helping their electoral fortunes with some vote performance-enhancing drugs, as it were.

The East African attention that the Kenya election has grabbed asks some big questions about the future of the proposed East African Community federation (in Swahili, Shirikisho la Afrika Mashariki).

Uganda’s President Yoweri Museveni has been the loudest proponent of the EAC Federation and, in the past two years, was joined on the rooftop to beat its drums by outgoing Kenya President Uhuru Kenyatta.

However, recent events in Kenya and the past few days have thrown up the vexing matter of the political standards that would apply in an East African federation.

Consider, for example, that as the “craziness” we see around the Kenya election is playing out in Tanzania, the only thing a presidential candidate who feels he or she has been robbed in the election marketplace can do is quarrel with the road while driving home to cry on the shoulder of their spouse or children.

Tanzania’s constitution provides that once a presidential candidate has been declared the winner, “no court of law shall have any jurisdiction to inquire into the election of that candidate”.

It is an EAC outlier in that case because, in the six other partner states, you can challenge a presidential outcome – though in some of them, you could end up with broken ribs, a stint in jail or house arrest, or have to flee abroad for safety, for the effort.

It only adds to the complications already presented by other disparities. Some EAC countries have presidential term limits, while others don’t.

Corruption is the fuel on which the politics in some EAC countries runs. In others, being long-fingered is a deadly business.

Ethnicity and regionalism are the logic around which politics and electoral competition are restructured in some EAC states.

In some of them, anti-ethnicity and anti-regionalism are the foundation on which the dominant political forces of the day have built the political system.

This Kenya election also threw up another issue that is less remarked about. Years of onslaught by various democracy, civil rights, and anti-statist forces have weakened the Kenyan state considerably —though some would argue that’s good.

It is withering at the centre though bulking up on the periphery.

In another 10 years, whoever is president in Nairobi will have limited power to influence whether Kenya joins an East African federation.

It had better happen sooner, then.

Charles Onyango-Obbo is a journalist, writer, and curator of the “Wall of Great Africans”. Twitter@cobbo3

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Strictly Personal

In 64 years, how has IDA reduced poverty in Africa? By Tee Ngugi

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The name of the organisation is as opaque as a name can get: World Bank’s International Development Association (IDA).

I had never heard of it. And suppose I, who follows socioeconomic developments that affect Africa, had never heard of it until last week when it convened in Nairobi. In that case, likely, only a handful of people outside those who serve its bureaucracy had ever heard of it.

Maybe IDA intends to remain shadowy like magicians, emerging occasionally to perform illusions that give hope to Africa’s impoverished masses that deliverance from poverty and despair is around the corner.

So, I had to research to find out who the new illusionist in town was. IDA was founded in 1960. Thirty-nine African countries, including Kenya, are members. Its mission is “to combat poverty by providing grants and low-interest loans to support programmes that foster economic growth, reduce inequalities, and enhance living standards for people in developing nations”.

It’s amazing how these kinds of organisations have developed a language that distorts reality. In George Orwell’s dystopian novel, Nineteen Eighty-Four, the totalitarian state of Oceania devises a new language. “Newspeak” limits the thoughts of citizens of Oceania so that they are incapable of questioning whatever the regime does.

Let’s juxtapose the reality in Africa against IDA’s mission. Africa has some of the poorest people in the world. It contributes a paltry two percent of international trade. It contributes less than one per cent of patents globally.

The continent has the largest wealth disparities in the world. Millions of people across Africa are food insecure, needing food aid. A study has indicated that Africa is among the most hostile regions in the world for women and girls, because of residual cultural attitudes and the failure of governments to implement gender equality policies.

Africa has the largest youth unemployment rate in the world. Africa’s political class is the wealthiest in the world. Africa remains unsustainably indebted. The people who live in Africa’s slums and unplanned urban sprawls have limited opportunities and are susceptible to violent crime and natural and manmade disasters.

As speeches in “Newspeak” were being made at the IDA conference, dozens of poor Kenyans were being killed by floods. These rains had been forecast, yet the government, not surprisingly, was caught flatfooted.

So in its 64-year existence, how has IDA reduced poverty and inequality in Africa? How has its work enhanced living standards when so many Africans are drowning in the Mediterranean Sea trying to escape grinding poverty and hopelessness?

As one watched the theatre of leaders of the poorest continent arriving at the IDA illusionists’ conference in multimillion-dollar vehicles, wearing designer suits and wristwatches, with men in dark suits and glasses acting a pantomime of intimidation, and then listened to their “Newspeak,” one felt like weeping for the continent. The illusionists had performed their sleight of hand.

Tee Ngugi is a Nairobi-based political commentator

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This Sudan war is too senseless; time we ended it, By Tee Ngugi

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Why are the Sudanese Armed Forces (SAF) and the paramilitary Rapid Support Forces (RPF) engaged in a vicious struggle? It is not that they have ideological, religious or cultural differences.

Not that people should fight because of these kinds of differences, but we live in a world where social constructions often lead to war and genocide. It is not that either side is fighting to protect democracy. Both sides were instruments of the rapacious dictatorship of Omar el-Bashir, who was overthrown in 2019.

 

Both are linked to the massacres in Darfur during Bashir’s rule that led to his indictment by the International Criminal Court for crimes against humanity. They both stood by as ordinary, unarmed people took to the streets and forced the removal of the Bashir regime.

 

None of these entities now fighting to the last Sudanese citizen has any moral authority or constitutional legitimacy to claim power. They both should have been disbanded or fundamentally reformed after the ouster of Bashir.

 

The SAF and the RSF are fighting to take over power and resources and continue the repression and plunder of the regime they had supported for so long. And, as you can see from news broadcasts, they are both well-versed in violence and plunder.

 

Since the fighting began in 2023, both sides have been accused of massacres that have left more than 30,000 people dead. Their fighting has displaced close to 10 million people. Their scramble for power has created Sudan’s worst hunger crisis in decades. Millions of refugees have fled into Chad, Ethiopia and South Sudan.

 

The three countries are dubious places of refuge. Chad is a poor country because of misrule. It also experiences jihadist violence. Ethiopia is still simmering with tensions after a deadly inter-ethnic war.

 

And South Sudan has never recovered from a deadly ethnic competition for power and resources. African refugees fleeing to countries from which refugees recently fled or continue to flee sums up Africa’s unending crisis of governance.

 

Africa will continue to suffer these kinds of power struggles, state failure and breakdown of constitutional order until we take strengthening and depersonalising our institutions as a life and death issue. These institutions anchor constitutional order and democratic process.

 

Strong independent institutions would ensure the continuity of the constitutional order after the president leaves office. As it is, presidents systematically weaken institutions by putting sycophants and incompetent morons in charge. Thus when he leaves office by way of death, ouster or retirement, there is institutional collapse leading to chaos, power struggles and violence. The African Union pretends crises such as the one in Sudan are unfortunate abnormally. However, they are systemic and predictable. Corrupt dictatorships end in chaos and violence.

 

Tee Ngugi is a Nairobi-based political commentator.

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