Land, Politics and the History of Ethnic Tensions

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Land, Politics and the History of Ethnic Tensions Who Are Kenya’s 42+ ‘Tribes’? and Should We Be Asking? By Samantha Balaton-Chrimes It was a hot and dusty day in January 2019. Sam had been driving me around Nairobi since my first visit, ten years earlier. I often float ideas past him as we endure interminable traffic. “Sam, how many tribes are there in Kenya?” I knew there was no definitive answer but I wanted to know his thoughts. “Well, now we are . is it . 46? Or 47? We used to be 42 but some new ones were recently added. Makondes. Asians. Who else was it? Nubians . .” “And where is the list?” I probed. “Oh that one . is it gazetted somewhere? I don’t know.” Later that day, while he refined my left hook, I asked my boxing trainer. Embarrassed, he laughed and said “You know . I’ve not brushed up on my tribes lately . .” “Just roughly . how many?” He replied after some thought, “I think . well . I know that we used to be . is it 41? Or 42? 42. We used to be 42. But now, I don’t know.” In multiple interviews with various government officials I was repeatedly told there were 42+ tribes, but nobody could tell me the nature or location of the list. “Do you know?” one official asked me. Ten years earlier, I had asked members of the minority Nubian community too: “Forty-two tribes. And we will be the 43rd.” They even had a letter from a Minister declaring they would, indeed, be counted as such in the 2009 census. But I struggled to find the list. Who is on it? Does it even exist? And if so, who controls it, and how? Why does nobody know? And does it matter? In my research, this idea of “the 42” kept coming up over and over again. I have been conducting academic research in Kenya since 2009, mostly with the minority Nubian community which has long sought recognition as Kenyan, and has had considerable success in recent years in getting it. It was my first interviews with Nubian elders in 2009 that made me start wondering about this idea of “the 42”, where it comes from, why it matters. So why does it matter? Being recognised as a “tribe of Kenya” is important to people. It’s important symbolically as it makes people feel like legitimate citizens. And it is important materially, or at least there is an anticipation that it is. There is a belief that if you are one of the tribes of Kenya, then you can access the state’s resources. The exact mechanisms through which this is expected to happen include, for example, revenue sharing to the counties, drawing of administrative and electoral boundaries, and accessing special provisions like the Equalisation Fund. There is a popular belief that these are somehow connected to ethnicity, even though many Kenyans will point out they mostly shouldn’t be. Counties, wards and so on are often treated as if they “belong” to a particular group. So, the idea is you have to be a recognised group to get your hands on government resources. Whether this is true or not, the perception that it is matters a lot for how people feel they belong, and how they might feel they are in competition with each other for resources. Plenty has been written on inter-ethnic competition and tribalism in Kenya. That’s not my focus here. There is a belief that if you are one of the tribes of Kenya, then you can access the state’s resources. At another level, the idea of “the 42(+)”, or the idea that there is or could be a list somewhere, matters for debates – prominent here in The Elephant among other places – about what it might mean to decolonise identity. On one hand, I’ve heard some Kenyans suggest that Africans should abandon ethnicity altogether, as it is a colonial construct used by the British and other imperial powers to conquer; to divide and rule. On the other hand, there is an argument that ethnicity is an important facet of African identities, and that these days “the West” has turned around and wants to eradicate it, especially around elections; therefore, the anti-imperial thing to do would be to affirm ethnicity. Both arguments have merit. My proposition here is not to take a strong position on either side, but to look at this idea of “the 42(+)” and its bureaucratic origins as a way of thinking through this debate. Decolonising identity is not only a personal thing – it is also a bureaucratic thing. The title of this essay, and the academic research article on which it is based, is, then, deliberately provocative. I never thought – and my research confirmed this – that there would be a clear answer to these questions. I have never even been sure that “who are the tribes of Kenya?” is quite the right question to be asking. It carries some very politically loaded assumptions: that “tribe” is an appropriate term (more on this below); that there is a clear-cut way to determine who is and isn’t Kenyan based on their ethnic identity; that there are only 42 (or 43, 44 or 45) ethnic groups which can call Kenya home. My suggestion here is that asking why we ask this question is more important than the question itself. The ‘facts’ The census is the only official list of “all” ethnic groups, and the only official tool to count the population by ethnicity. And 1969 is the only year that 42 ethnic groups were counted. Voter rolls prepared by the Independent Electoral and Boundaries Commission do not record ethnic identity. Electoral boundaries do not involve listing ethnic groups. Boundaries are connected to the census – insofar as they draw on population data – but before the 2010 constitution they bore no official relation to ethnic data. The 2010 constitution allows for a possible use of ethnic data. Under chapter 7, one explicit consideration for boundary redrawing is “community of interest, historical, economic and cultural ties”, which could potentially be interpreted to mean ethnic communities. However, the exact role this clause – or ethnicity more generally – now plays in boundary drawing is not clear. The civil service doesn’t list ethnic groups. Civil service employment records routinely record and make public how many people are employed in the civil service from each ethnic group, but that only captures, of course, civil servants. To establish the “fairness” of each ethnic group’s share of civil service jobs, that data is compared to census data, but only at the national level or by problematically inferring ethnicity by location – for example, by assuming that if you live in Ukambani you must be Kamba. Identification cards do not record ethnicity. Nor, contrary to popular understanding, does the Kenya Gazette (the government’s official announcement record) list ethnic groups, although it was used as if it does when Asians were gazetted as the 44th Tribe of Kenya in 2017, despite no identification of the preceding 43. So that leaves us with only the census. In my research, I compared all ethnic classifications in all Kenyan censuses from 1948 to 2019. I looked at every census report, but also, where available, all the questionnaires used by enumerators when visiting households, instructions to enumerators about how to record “tribe”, explanations made by the Bureau of Statistics and its predecessors for what “tribe” means and why they chose the lists they did, and archival material (for 1948 and 1962) where colonial administrators debated in letters and meetings how they would conduct the census. The list of “tribes” has changed in every single census, and since the first census in 1948, 150 different groups have been named. Of those, there are only 14 ethnic groups which have been named and counted exactly the same way in every census. The others have all changed, sometimes multiple times, for example by adding or deleting “sub-tribes”, by moving from a “sub-tribe” to a “main tribe” or vice versa, or by appearing or disappearing altogether. There are also some instances where a “tribe” was listed on the questionnaire but didn’t make it to the final census report, or where – curiously – they were not listed on the questionnaire but did make it to the final report. You might recognise your ethnic group(s) in this list, possibly in multiple forms as some groups have changed names over time (e.g. Sudanese to Nubi), or even – unfortunately – in a derogatory form (such as Dorobo, which was only removed in 2019 because it refers to having no cattle, suggesting some form of inferiority). Some groups included on the list for “the tribe question” aren’t even really tribes: for example “Stateless” in 2019, or “Kenyan” in 2009. So, how are these lists determined? There is no transparency on how these lists are decided, or what it means to be “coded”. The first census in Kenya was carried out in 1948 and was part of an East African census that included other British territories in the region. More interested in the European population than the Indigenous one, the “non-native” census was extremely thorough, and the “native” one much more basic. Whereas all kinds of details that are useful for development purposes were gathered for the white population, the only three statistics gathered for the African population in every household were age, sex and – you guessed it – “tribe”. For Census Superintendent C. J. Martin, it was so obvious that you would count “tribe” that, in his extremely detailed report on the census, he didn’t even bother to explain why.
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