Anti-colonialism Mantra and Archetypal colonial laws

President Kenyatta continued with the anti-colonial theme in his speech during this year’s October 20^th Mashujaa day celebration. He first introduced this theme while addressing extraordinary session of the African Union meeting held in Ethiopia – Addis Ababa on 12^th October 2013.

His speech at the African Union had statements like “Although we have been relentlessly exploited in the past…Even though we were dominated and controlled by imperialists and colonial interests in years gone by…[and] As leaders, we are the heirs of freedom fighters, and our founding fathers. These liberation heroes founded the Organization of African Unity, which was dedicated to the eradication of ALL FORMS OF COLONIALISM [emphases NOT mine].”

During the Mashujaa day, President Kenyatta repeated the same motif by speaking of the 20^th of October as the “day that marks the official beginning of the worst phase of colonialism, and the most harrowing period of our struggle for independence…our fathers rejected colonialism and imperial domination in their time. We must honour their legacy, and stay true to our heritage, by rejecting all domination and manipulation in our time…they may be powerful and rich, but so were the colonists.”

What is remarkable is not the President’s denunciation of colonialism, past presidents have done as much, though not as eloquently but it is in his affirmation of the unique dignity of every Kenyan. When he says “we believe in one Kenya: a Kenya where every citizen, whoever they are, wherever they live, will have the same opportunity to succeed and prosper free of discrimination – open or hidden…we stand for an inclusive government committed in word and deed to the people it serves.”

If there is one president who has what it takes – both personally but also historical positioning, to end the colonial legacy, then it is President Kenyatta. Former Prime Minister Raila Odinga too would be historically suited to end this legacy of colonial mind-set. They both have had seen their parents hold strong anti-colonial, albeit differing ideological positions.

Yet what will liberate us from the colonial mind-set, and ultimately lead to the realization of the “Kenyan dream” is ending corruption. This is a tall order given the pragmatism that daunts political survival. While President Kenyatta may not be vulnerable to political wheeler-dealers thanks to his immense financial inheritance, there are many who would like to see a vulnerable sport they can exploit for personal gain.

If the president were to allow this to happen, he would be selling himself short! As we celebrate the Independence Jubilee, it would indeed be a great time to re-boot our systems and start afresh; this time around hoping to do better in those areas we have failed in the past. 

The anti-colonial motif can be an interesting philosophy for the Kenyatta presidency. It has within it a legacy he can deliver on, and even perhaps campaign on for re-election in 2017. His chief adviser on political affairs, Nancy Gitau (East African Standard  20^th October 2013), seems to have something going when she [very unfortunately] decide to paint Maina Kiai and Kofi Annan as part of a “program” that paints Africa as being very primitive. 

One does not need to paint Africa as being primitive – as long as there are slums the size of Kibera, flying toilets and biological function of giving birth, is for many women a death sentence! Yet one of the principle reasons why this remains the case is because of corruption. If the president were to rein in on it, then the ‘Kiai Narrative/program’ would be rendered moot. 

Another area he can deliver on, is in repealing oppressive colonial laws which deny many Kenyans ability to “succeed and prosper free of discrimination”.  Laws that entrench discrimination on account of sexuality, have no place in modern Kenya. They are indeed archetypes of colonialism - to the extent that they are based on a ‘colonialistic’ [a term used by founding president – the 1^st Kenyatta], cultural and religious milieu – notably the Victorian morality. For the anti-colonial motif to carry any water, repealing them becomes both necessary and urgent. I can see his party taking to parliament a bill that fully brings Art. 27 of our constitution into effect - it could even be called a "Freedom from discrimination" bill.

It is also important for the President to demonstrate inclusivity in the public space, by providing podium to diverse voices and faces that represent Kenya. In the past, this has been narrowly defined as public appointments into prominent public offices. This is erroneous, the president as a symbol of national unity, has within him enormous opportunities, many of them without cost implications to advance this unity in word and deed. One such opportunity would be to call for a meeting with LGBT persons to listen to what their Kenyan experience is. It just might be what needs fixing for us to realize the Kenyan dream!

GAFCON Next Week - But what about the Arch-bishop and the Mistress?

This article is about the GAFCON or Global Anglican Future Conference, to take place next week in Nairobi and about a very sad story of a woman possibly related to one of the main bishops. But I would like to situate it, by making a brief comparative analysis of biblical approaches by the environmentalists and Human Rights advocates. The former have successfully used the Genesis creation narrative to make a Biblical case for environmental protection while the latter have failed to do so, yet they can. Gen: 1:26 – 28. 

^“26 Then God said, “And now we will make human beings; they will be like us and resemble us. They will have power over the fish, the birds, and all animals, domestic and wild,^[d] large and small.” ²⁷ So God created human beings, making them to be like himself. He created them male and female, ²⁸ blessed them, and said, “Have many children, so that your descendants will live all over the earth and bring it under their control…”

Environmentalists have been able to use the words “bring it under control” as reference to the need to protect the environment and this is now mainstreamed in our thinking. Human rights advocates however have never been able to mainstream the “created in the image and likeness of God….both male and female” as reference to the equality principle. The Universal Declaration of Human Rights may have this as the foundational thinking, but  the religious still find justification for discrimination. Let’s look at the story below;

But first about GAFCON

Next week, Anglican bishops from the global south (mainly African bishops) will hold a major meeting in Nairobi running from the 21^st – 26^th of October. The Anglican Arch-bishop for Nairobi, Rev. Eliud Wabukala will be their host. In his preparatory letter to the Anglican communion he reiterated why this meeting in Nairobi is important because the conference comes exactly after “ten years since the Episcopal Church of the United States consecrated Gene Robinson as Bishop of New Hampshire, despite the fact that he had left his wife and family and then later entered into a sexual relationship with a man.” The Arch-bishop sees this consecration as a “spiritual cancer in the Communion, [that seeks] the overthrow by some Churches of the creation order of male and female.(GAFCON Website)”

Another bishop who will be in attendance is Rev. Julius Kalu of Mombasa. Last year the Bishop said that gays are worse than terrorists. That “Our greatest fear as Church should not be the grenade attacks, but the new teachings like same sex marriages.(East African Standard, July 23rd 2012)” There are two recent events that have provided us with video footage, that we can use to compare the two groups of people:

In this one (youtube video) we see very heavily armed and dangerous terrorists not just shooting at people at the Westgate Mall in Nairobi; we also see them taking time off their killing sprees to pray. They are clearly very religious people. They clearly do not seem to see any contradiction between their religious beliefs and their on-going exercise of killing innocent people at the Mall. Perhaps they even believe that, because of their religious beliefs, they are obligated to kill as many people as they can at the Mall. 

In this second video, (youtube video) we see two gay men from Mombasa, Kenya. One is on life support after he has had his throat slit. The other is his friend narrating of how difficult it was to get help from anyone including the police. He even inserts the infamous and much derided statement “…..tungeomba serikali itusaidie” [we are asking the government to help us…] which is largely a cry of helplessness. He continues to say, as a gay person, he is completely powerless in the society; his security and access to legal redress are completely at the mercy of any kindhearted person. 

For Bishop Kalu, the two videos, present two dangerous categories of people, but Kenyans are safer with the terrorists than with the gay men. That for the more than 500 people at the Westgate Mall, they were a lot better off with the 4 terrorists than if it were 4 gay people at the mall. But no one will pursue that story. Instead, the narrative of hate, is likely to take animatedly religious and cultural tone.  

What we will hear

As the GAFCON conference progresses next week, there will be calls to emphasize the commitment made in Jerusalem Declaration (http://gafcon.org/the-jerusalem-declaration) . Paragraph 10 of the declaration notes “We acknowledge God’s creation of humankind as male and female and the unchangeable standard of Christian marriage between one man and one woman as the proper place for sexual intimacy and the basis of the family.” Although they also acknowledge they do not always live up to that ideal “We repent of our failures to maintain this standard….” That failure to reach the ideal or even granting of penance is out of scope for the gay persons. 

We shall hear a lot about the need to preserve African culture and Christian religious purity in our respective countries. Of course no one will point out just how contradictory that statement is.

What we shall not hear.

We shall not hear about this lady who is currently staying with her daughter in U.K. She recently moved to London, to take some time off, after a traumatic experience she may have had with one of the arch-bishops organizing the GAFCO meeting. She had recently called a leading but retired arch-bishop to tell him of how she really wanted to kill herself. She told the retired bishop an unresolved issue with one of the leading arch-bishops organizing the GAFCO meeting next week. But let’s tell the story differently

It all started when the one of the arch-bishops organizing the GAFCON meeting was teaching at the Limuru Theological College – now St. Paul’s University. Though married, he still kept this lady from Limuru as a girlfriend. Unfortunately on two occasions, she got pregnant and on both occasions, the arch-bishop asked her to abort.

After a couple of years into their relationships, the bishop had graduated from being a lecturer to being a bishop, and then an arch-bishop. It was during this time that his official wife passed on and the said lady from Limuru, thought the time to formalize their relationship had finally come. But alas, she was passed over for another lady. 

So distraught, and needing to see the said arch-bishop, she camped outside his official residence, which unfortunately led to her arrest and even spending time as a guest of the State at Kilimani Police Station – Nairobi. She was later released because the complainants failed to file an official report.

After this incident, she decided to visit her daughter staying in London for some time. It is while staying in London, that she called the late Arch-bishop, telling him of how unfair she has been treated; that she feels she has lost her two children for the sake of this leading clergy man, and now he will not even see her for a simple meeting. And because of this, she wanted to commit suicide.

The Late arch-bishop told her not to commit suicide in foreign land, but rather to come back home and talk things over. He was willing to mediate between the two. Unfortunately he died before he could mediate between the two. It is unlikely that we shall hear the end of this story but we hope someone is courageous enough to reach out to this lady and even hold the leading arch-bishop accountable

Why tell this story

The relevance of this story in the context of upcoming GAFCON meeting is twofold:

• The inability of Human rights advocates to address religiously based justification for human rights abuses using the very tools used by the antagonists.  The GAFCON meeting could well employ the words of Amos: 5: 22- 24

“ 22"Even though you offer up to Me burnt offerings and your grain offerings, I will not accept them; And I will not even look at the peace offerings of your fatlings. 23"Take away from Me the noise of your songs; I will not even listen to the sound of your harps. 24"But let justice roll down like waters And righteousness like an ever-flowing stream.…”

Human Rights advocates and even those working with Key Populations in HIV/AIDS prevention treatment and care need to ask of the GAFCON leaders to act responsibly. Kenyan MSM in particular who have progressively been making gains in accessing health, will have to endure weeklong rhetoric that is likely to reverse these gains. Bishop Julius Kalu of Mombasa will possibly but needlessly make the environment for MSM in Mombasa extremely violent, leading even to threat to life as seen in one of the videos above.  There is need to hold these clergy to a higher moral evaluation and accountability than has been the case in the past.

• Let justice roll down like waters And righteousness like an ever-flowing stream. The lady in question needs Justice. But more foundational, all women in Kenya whose reproductive rights have been denied due to legal and policy restrictions. It is wrong to advocate for abortion, only when it conveniently suits the agenda of the clergy. But condemn thousands of poor girls and women to backstreet quacks because the clergy in Kenya, working with equally self-righteous, inordinately male-dominated political class, will not allow for a positive legal and policy environment for maternal health – which should include safe, competent  and legal abortion care.

Women rights organizations, in particular should reach out to this lady in London, and help her move on with her life, even if she should choose to forgive the leading arch-bishop organising the anti-gay conference in Nairobi. This is an important story towards ending unsafe abortions in Kenya, because it demonstrates that the rich, including leading arch-bishops will procure safe, medically assisted abortions, but will deny the same for the poor – who are then left in the hands of quacks, often leading to needless deaths among our women – and no one is even talking about the consequences of these maternal deaths to the children left as orphans.

Somebody, please send this article to leading Women/Human rights giants like Anne Njogu, and Muthoni Wanyeki.

Advocacy through Numbers - Financial and Otherwise

I have attended many brainstorming sessions on legal and policy environment for sexual minorities in Kenya. Many of these arguments revolve around seeking judicial reviews for the offending sections of the law. There are many people who are of the view that sections 162, 163 and 165 of the penal code are unconstitutional. That being the case they opine, by going to court, sexual minority rights activists would get a favorable judgment from the constitutional court. 

Other activists are very fearful of that approach because, should the court rule against them, a precedent will have been set which will be very difficult to change. Such a precedent would provide a prism through which related cases will be judged. Those from this school urge for caution saying it’s better to progressively build on positive rulings before launching on the big one. 

But I am proposing another third option. If you were a keen follower of the “Numbers TV Series,” you will like this option. It is slightly crazy but perhaps because of it, very do-able!

Let us start from numbers that we already know of: In 2011, a population size estimate study conducted in Nairobi and Kisumu, estimated that there are about 11,042 MSM in Nairobi with a plausible range being between 10,000 and 22,222. 

Another number of importance, is derived from the recently released preliminary KAIS (Kenya AIDS Indicator Survey), which tells us that about 1% of the men surveyed had had MSM sexual activity. Since the study is supposed to be population based, hence nationally representative, we may well conclude that about 1% of adult males in Kenya are MSM or have had MSM experiences. This may well be the first population based survey that tells us about male same-sex sexual activity in Kenya, but that is not the point here.

What we are interested in, is what the 1% of men 15 years and above is, in absolute values. There are about 12,278,027 men aged 15 and about in Kenya today. Therefore there are about 122,780 MSM in Kenya (12,278,027 * .01). In other words, if sections 162, 163 or 165 were to be applied as they should about 122,780 men should be serving prison sentences in Kenya today – and they are not.

Financial Advocacy

Why then is the government not zealously enforcing these sections of the penal code, even though they are aware of these numbers? Could it be because they are afraid of the financial burden such would entail?  Let us look at the financial numbers.

It costs Kshs. 175 to feed an individual prisoner daily or about Kshs. 63,875 per year and about Ksh.894, 250 to feed one prisoner for the 14-year required jail term. Hence, if the government were to decide to jail only the MSM in Nairobi, then it would incur Kshs. 1.9 Million daily, just to feed them, and Kshs. 696 million annually and Kshs. 9.7 billion if the MSM serve the 14-year required jail sentence. 

Should the government decide to jail all MSM in Kenya (as they are obligated by the laws in place), then they would cost Kshs. 21.5 million to feed the MSM daily, Kshs. 7.7 billion annually and Kshs. 108.3 billion for the 14-year duration.

Yet since being gay is an immutable characteristic, there is no guarantee that after it has incurred Kshs.108.3 billion it would not need to allocate the same amount all over again to continue the jail terms for another 14 years ad infinitum. The government might then want to just make Kshs. 7.7 billion annual provisions, to service sections 162, 163 and 165 of the penal code.  For the Kenyan tax payers, this amount is more than what the central government has allocated to all the counties except for Nairobi and Turkana. 

Indeed if the MSM were an independent county, the 7.7 billion that would be allocated to feed them would be more than twice the total budget of such counties as Migori, Kirinyaga, Laikipia, Isiolo, Lamu and Kericho among others. Of the 47 counties only 9 would have total budgets that are higher than the MSM allocation. 

What then does this mean for advocacy for legal reform? It means that if the government wants to keep these oppressive sections of the penal code, then we must get them to pay for it. The MSM in Kenya must, like all good citizens, report themselves to the police, since all criminal conduct should be reported and prosecuted. It should be a badge of honor to serve a sentence that finally enables government see the folly of retaining these stigmatizing and discriminating sections of the law. I can see how, this can in history become an interesting story, when those who volunteer themselves narrate it, years after the reforms have come. 

All that is needed is a 100 volunteers, followed by another 100 e.t.c. and before you know it, the same people who now shout in support of these laws; will change tune and say, there is no way Kenya can retain a law, that costs more than the total combined budgets of Kirinyaga, lamu and Isiolo Counties merely for cultural or sentimental reasons. 

(And by the way, after they have realized their folly, changed the law, and released the freedom fighters, it will then be a good opportunity to turn around and sue the government for abuse of your rights, and then demand compensation. Judging by recent compensations awards, well over Kshs. 3 million – I think for any unemployed MSM, this might also be a way to contribute to the Human Rights struggle in Kenya and make yourself some money as you do it).

Spirituality – Making a surprising comeback?

Since his election in March this year, Pope Francis has made some rather bold headlines. Some of these, even made headlines here in Kenya, particularly the one where he is reported as saying; “…If someone is gay and seeks the Lord with good will, who am I to judge?” (Daily Nation, Monday, July 29, 2013).

But for me, it is the recent interview – quite lengthy at 22 pages that he gave to Jesuit magazine, that made the deepest impact. Just to clarify, it is not because he is non-judgmental about gay people, that I find it impressive, rather it is because I agree with everything he says. True, it is refreshing to hear a different narrative from “hate the sin not the sinner” but what is even more refreshing the Pope’s look at Catechesis and Theology in General.

Reading through, the entire interview, which I am tempted to serialize on this blog – if only to propagate it online, I found myself agreeing with everything he says! More particularly the section where he says

“The most important thing is the first proclamation: Jesus Christ has saved you. And the ministers of the church must be ministers of mercy above all….a genuine sermon must begin with the first proclamation, with the proclamation of salvation. There is nothing more solid, deep and sure than this proclamation. Then you have to do catechesis. Then you can draw even a moral consequence. But the proclamation of the saving love of God comes before moral and religious imperatives. Today sometimes it seems that the opposite order is prevailing.…”

It is the last sentence that I wonder the most, whether the Kenyan clergy ever understand that, the proclamation of salvation must come first, - the saving love of God, well before the moral and religious imperatives. This is not to say that moral and religious imperatives are not important, but rather, that the person must first experience (Encounter or undergo), the love of Christ, and then from that experience, the moral and religious imperatives flow. Yet, the experience of many socially stigmatized people, is that, the door of God’s saving grace is presented as open, only after undertaking the prescribed moral and religious imperatives.

The Pope also talks about the epitome of catechetical experiences - The Journey to Emmaus (Lk 24: 13 – 35). It is interesting that this is presented as a 7 mile (or 11 kilometer journey), the end of which is the self-revelation of Christ, and the confession of the two disciples “Were not our hearts burning…” Every time I hear a preacher – or perhaps I should qualify this by indicating am only referring to more theologically founded religious leaders (because the MPESA Pastors, follow a supermarket principle – more feet through the door), speak of gay people in such hostile and clearly hateful terms; I often wonder, whose Gospel are they preaching? Certainly not the Christ, who had to walk the 7 mile journey, with guys who thought he was the biggest fool of the day in Jerusalem!

In my daily work on matters relating to HIV/AIDS for Key Populations (Sex workers, MSM and People who inject drugs), stigma and discrimination are serious challenges in availability, access, and uptake of health services. The situation is made worse by the political situation in which political power and religious influence have created a mutually beneficial, patrimonial and clientelist symbiotic relationship. This in practical terms mean that ability to change policies and laws hostile to religiously/morally marginalized sections of the society are stillborn even when the political class is conscious of the serious public health consequences of inaction. The political classes, who understand these challenges, are often afraid of engaging in the much needed and urgent policy and legal changes for fear of annoying the religious leaders and/or providing opportunity for opposing leaders to out-compete them.

It becomes necessary therefore to engage with the religious leaders because they hold the key to ending stigma and discrimination against Key Populations especially in the context of HIV/AIDS and health care generally. An ideal situation would be if they were to listen to the Pope when he says: “The message of the Gospel, therefore, is not to be reduced to some aspects that, although relevant, on their own do not show the heart of the message of Jesus Christ.” The question they should perhaps ask is, if Jesus were to minister to the Key Populations today, who are struggling to access HIV prevention, treatment and care services, would he support the retention of these policy, legal and structural barriers, including stigma and discrimination, or would he say like he does in MK 2: 24 – 27, that the Sabbath is made for man and not man for the Sabbath?

This is not to relativize the teaching role of the religious community, but rather to recognize the image of God in these people. The Pope puts it better:

“A person once asked me, in a provocative manner, if I approved of homosexuality. I replied with another question: ‘Tell me: when God looks at a gay person, does he endorse the existence of this person with love, or reject and condemn this person?’ We must always consider the person. Here we enter into the mystery of the human being. In life, God accompanies persons, and we must accompany them, starting from their situation. It is necessary to accompany them with mercy. When that happens, the Holy Spirit inspires the priest to say the right thing.”

Meanwhile, on the Pope’s appeal for the church, “to step outside itself and go to those who do not attend Mass, to those who have quit or are indifferent. The ones who quit sometimes do it for reasons that, if properly understood and assessed, can lead to a return.” As one who has quit, I certainly would be willing to return, but what will I find upon return? A hostile Cardinal Njue who works his lungs out “Forget! Forget! Forget!” or Fr. Kamanzi, who when we meet at Galleria Mall tightens his face so hard –  it must hurt; till in empathy to the pain in his face, am tempted to tell him, “Relax Fr., am not even a catholic anymore!”?

Yet, there just might be a Prophet among the Kenyan clergy. Right now, Key Populations in Kenya are yearning for one. A prophet who understands as the Pope puts it, that

"Being prophets may sometimes imply making waves. I do not know how to put it.... Prophecy makes noise, uproar, some say ‘a mess.’ But in reality, the charism of religious people is like yeast: prophecy announces the spirit of the Gospel.”

We are looking for one who will say, that there is no theological necessity to criminalize Key populations, and to retain structures that enhance stigma and discrimination, leading to unending spread of HIV both among members of Key Populations and the general population. Is there such a prophet in Kenya?