Lift unconstitutional travel ban on academics in Kenyan public universities

For two weeks now, academics cannot leave the country for any reason. In a circular dated September 20th, 2017 the education Principal Secretary wrote to all Vice Chancellors and Principals of constituent colleges clarifying the ban. ‘It has been decided, until further advised otherwise, no government official will travel outside the country.’ It went further, ‘Please bring the contents of this letter to all staff working under your institutions’. The import of the government directive is that no academic can attend an international conference, workshop or even take his family for a holiday in, say Zanzibar, until the further notice.

This is unchartered territory for universities in Kenya. Even in the dark days of KANU rule, the imposition of executive power on universities did not reach the point of banning travel. The circular from the ministry raises serious questions on our purported claims of being a constitutional democracy, and has in a single stroke; put us in the same league with dysfunctional, dictatorial states. This is unprecedented. For a country that is glowing in the limelight in Africa for its progressive constitution, recently demonstrated by a landmark ruling at the judiciary, the circular was a gigantic step back to the dark ages which most had assumed were behind us.

The directive by the Office of the President is unconstitutional. Chapter four of the Bill of Rights, in article 39 of the constitution explicitly gives every Kenyan the right to freedom of movement, and specifically the rights to leave and enter Kenya. These rights have now been withdrawn. The government has provided no substantial reason to warrant these illegalities. Kenya is not at war; and the government itself, through the Attorney General has publicly confirmed that there is no political crisis in the country. The directive is as confusing as it is misplaced.

Owing to the numerous cancellations of key speaking engagements by Kenyan scholars across the world, our country is receiving negative publicity. Our heads, long held high in pride when abroad, are now bent over, bowed with indignity. We do not know whether to describe this as a bad dream, or a sign of creeping authoritarianism. The government has deprived itself of badly needed cultural diplomatic agency, especially at a peculiar point in its political history, by imposing a ban on people who often act as ambassadors of this country. Indeed, if the move was meant to diffuse the perceived internal political stalemate, it has only attracted more global attention to it.

Are we saying that research has actually stopped? Knowledge has no borders, and distinguished scholarship is that which has been reviewed by peers, internationally? Many scholars are engaged in international assignments that among others entail teaching and visiting fellowships, external examinations, exchange programmes, international collaboration and many more. Why should the business of knowledge production stop on account of politics? Most of these partnerships are subject to agreements that pool hundreds of millions of shillings for the benefit of the country.

Also, what does the ban suggest of the University’s Academic Staff Union (UASU)? For two weeks now, the union has barely issued a statement. One would have expected a prompt court intervention. UASU is dead. UASU died when it failed to engage with the important questions of governance and social justice and is only stirred by bread and butter issues. UASU died when the union gave up its historical role as the intellectual conscience of the country. UASU died when political correctness and self preservation trumped members’ concerns. The academics’ union must intervene to restore the dignity of academic staff or forever risk irrelevance.

The travel ban offends the autonomy that universities should ordinarily enjoy. It has also undermined academic freedom. While autonomy of universities is an ideal, it is something which the government must encourage, both for its own benefit and the university at large.

I sympathize with the president’s predicament following the annulment of his ‘big win’, which limits his own movements overseas. But should that now mean that scholars also remain grounded? To impose a travel ban on academics is unreasonable, illegal and thoughtless. It is anti-intellectual. It is also humiliating. It is in the interest of the government to lift travel ban by academics.

Dr. Omanga teaches at Moi University. ankodani@yahoo.com