Why the U.S. got started training for the Kenya Police Service: 1977 Embassy cable with rationale

R 041148Z MAR 77
FM AMEMBASSY NAIROBI
TO SECSTATE WASHDC 6574
INFO DA WASHDC//DAMO-SSA//
CDRTRADOC FT MONROE VA//ATTNG-PRD-SA-T//
USCINCEUR VAIHINGEN GERMANY//ECJ4/7-SARA-T//
CDRUSA CRIME LAB FT GORDON GA

C O N F I D E N T I A L NAIROBI 2870 {declassified, released 2009}

E.O. 11652: GDS
TAGS: MASS, PINT, KE
SUBJECT: FIREARMS IDENTIFICATION TRAINING FOR KENYA POLICE
REF: (A) STATE 017363, (B) 76 NAIROBI 13349,(C) DSAA 4058/76 282216Z DEC 76

1. IN REPLY TO JUSTIFICATION REQUESTED IN REFTEL A, EMBASSY
SUBMITS FOLLOWING:

2. PURPOSE OF PROPOSED TRAINING:

A. ENABLE GOK POLICE PERSONNEL TO QUALIFY AS EXPERTS IN
COURT TESTIMONY REGARDING BALLISTICS AND FIREARMS EXAMINATION.

B. TO IDENTIFY WEAPONS USED IN CRIMINAL AND TERRORIST
ACTIVITY BY TYPE, MODEL AND INDIVIDUAL WEAPON USING SCIENTIFIC
TECHNIQUES FOR COMPARISON AND EVALUATION.

C. TO ESTABLISH FROM EXISTING EVIDENCE THE OWNERSHIP AND
ORIGIN OF THESE WEAPONS.

3. USEFULNESS TO GOK:

A. COUNTER-GUERRILLA AND BANDIT OPERATIONS. PRIMARILY
IN NORTHERN PROVINCES DIRECTED AGAINST INFILTRATION
OF SOMALI SHIFTA GUERRILLAS. THESE OPERATIONS TO DATE HAVE
BEEN CONDUCTED BY THE KENYAN ARMY AND THE KENYA POLICE,
PARA-MILITARY GENERAL SERVICES UNIT (GSU). THEY ARE CONDUCTED
AS POLICE OPERATIONS REQUIRING ALL UNITS INVOLVED
TO RESTRICT THEIR ACTIVITIES TO THOSE OF LAW ENFORCEMENT.
THE SERVICES OF A COMPETENT FIREARMS EXAMINER WOULD BE
EXTREMELY VALUABLE TO THE GOK FROM THE STANDPOINT OF INITIAL
IDENTIFICATION OF THE TYPE AND ORIGIN OF WEAPONS USED AND
ALSO AS AN EXPERT WITNESS AT SUBSEQUENT COURT PROCEEDINGS.

B. CONVENTIONAL CRIMINAL ACTIVITY, TERRORISM. GOK
SOURCES ESTIMATE THAT THE NUMBER OF CONVENTIONAL CRIMES
(MURDER, ROBBERY, ETC.) INVOLVING THE USE OF A FIREARM HAVE
INCREASED APPROXIMATELY 50 PERCENT IN THE LAST FIVE YEARS.
POACHING IN THE NATIONAL PARKS REMAINS A SERIOUS PROBLEM WITH
POSSIBLE LONG TERM DAMAGE TO THE TOURIST INDUSTRY. KENYA MUST BE
CONSIDERED AN AREA OF POSSIBLE TERRORIST ACTIVITY BECAUSE
OF THE POLITICAL ORIENTATION AND MILITANCY OF HER NEIGHBORS.
A TRAINED FIREARMS AND BALLISTICS EXPERT WOULD BE A KEY
PERSON IN THE INVESTIGATION AND PROSECUTION OF ANY CASES
INVOLVING THE ABOVE TYPE OF ACTIVITY.

4. AS MENTIONED REFTEL B, THE KENYA POLICE, IN ADDITION TO
THE ARMED FORCES WITH FORENSIC LABORATORY SERVICES. THE
KENYA POLICE HAVE ADVISED THAT THE INDIVIDUALS INVOLVED
IN PROPOSED TRAINING COULD BE SECONDED TO THE KENYA ARMY
IF NECESSARY TO OVERCOME OBJECTIONS RAISED IN REFTEL C.
THE KENYA POLICE IS UNDER THE DIRECT CONTROL OF THE OFFICE
OF THE PRESIDENT.

5. DIRECT USG INTERESTS: Continue reading

Kenya’s security failure – Paul Hidalgo, John Githongo and Robert F. Kennedy Human Rights on “Corruption, Injustice, Abuse”

In Foreign Affairs, Paul Hidalgo explains “Kenya’s Own Worst Enemy; Al Shabab Isn’t the Real Problem“:

Corruption, injustice, abuse, disillusionment, marginalization, and radicalization are the legacies of years of misguided policies in Kenya. After an al Shabab rampage in Garissa earlier this month left over 140 university students dead, these issues are impossible to ignore. If Nairobi continues to refuse to address them or fails to do so, the already troubled East African country will soon become even more unstable.

The radical Islamist group al Shabab is responsible for the series of terrorist attacks that have rocked Kenya in past few years. But the reality is that al Shabab is a shadow of what it once was. The al Qaeda-linked group has been pushed out of all major cities in Somalia and cut off from its financial lifelines. Its leaders have been decimated by drone attacks, internal strife, and defections. And that is why the group’s ability to easily attack within Kenya is so puzzling. For their part, Kenyan leaders have long contended that entities outside the government, namely Somalia-based fighters and the country’s minority Muslim population, are to blame. But the truth is that the main culprits are the culture and policies of the government itself.

Take, for example, Kenya’s security services, which are acknowledged as the most corrupt institution in one of the most corrupt countries in the world. . . .

Corruption might clear the way for attacks, but incompetence turns tragedies into national disasters. .  .  .

The security forces’ well-documented history of abuse, discrimination, and heavy handedness is directly connected to radicalization. . . .

Instead of trying to tackle all these issues, Kenyan leaders have fallen back on their usual responses: attacking easy targets and pursuing knee-jerk policies. As before, these simply make matters worse. . . .

.  .  .  .

Pressure is mounting for Kenyatta to enact serious reforms, and his recent admission that there were security failures at Garissa may signal that things are shifting. But Kenyans shouldn’t hold their breaths. Nairobi has proven time and again that it is incapable of or unwilling to make difficult reforms. It may end up that civilians will be forced to take to the streets in a major way to push the government to action, or take matters into their own hands, such as the pledge from the country’s top Muslim organization to root out radical clerics from mosques. However it plays out, the longer Kenya waits to address its problems in some fashion, the more innocents will die and the more dysfunctional the state will become.

John Githongo on Garissa: Kenya’s corrupt chickens have come home to roost,” from Kingsley Kipury and Simon Allison in Daily Maverick:

.  .  .  .
Githongo’s main argument is that corruption has prevented Kenya from establishing an even remotely effective security sector, leaving it vulnerable to Al-Shabaab-style attacks. “Kenya has had a problem with terrorism for some time, and recognised the need for much improved equipment and technology for our security service to be able to deal with it. However national security is the last refuge of the corrupt, and there are those in government who decided that those are the contracts we are going to make money from. And in the pushing and the shoving and the disagreements and squabbling of people fighting for their cut, and things stopping and starting, goods being delivered half-baked or not at all, Kenya lost a tremendous opportunity to establish a very solid framework for defending itself against terrorism,” he said.

That’s the first problem. The second is the culture of corruption, engendered by the country’s political elite, which means that, for often trifling sums, individuals at all levels of the state are willing to turn a blind eye to threatening activity. “When people lower down the ladder in the security services, whether it’s in the police, immigration, intelligence, the military, when they see them [their superiors] steal from large scale security contracts, they then start perpetrating corruption lower down the ladder. That becomes a problem that becomes pervasive, and it is exemplified most starkly by the ease with which it would apparently seem possible for terrorists to be able to cross through our porous borders by paying small amounts of money to junior officials,” Githongo said.

For Githongo, it’s impossible to separate the current insecurity in Kenya from its history of corruption. “I think it’s definitely a case of chickens coming home to roost, vis-à-vis Anglo Leasing. If we had properly executed those contracts starting from around 2001 into 2004, we definitely wouldn’t be having the kind of problems we have right now, or at least they wouldn’t be at the scale they are at now.”

Crucially, however, corruption is not just history. According to the latest Corruption Perceptions Index, corruption in Kenya has worsened since President Uhuru Kenyatta came to power. Kenya is currently ranked 145th in the world for corruption, only just above the Central African Republic and nine spots below Nigeria.

In this context, it’s hardly surprising that Githongo reserves some of his strongest criticism for the current administration of Kenyatta. “This is the most corrupt administration since the [Daniel arap] Moi administration, if not more corrupt. . . .

Robert F. Kennedy Human Rights Condemns Listing of Human Rights Groups as Terrorist Organizations in Kenya:

Robert F. Kennedy Human Rights is deeply concerned over the most recent steps taken by the Kenyan government to further restrict the legitimate activities of domestic civil society organizations, under the stated auspices of countering terrorism. Earlier this week, alongside terrorist groups like ISIS, al-Qaeda, al-Shabaab, and Boko Haram, Kenya’s Inspector General of Police listed several notable human rights groups to be declared “Terrorist Organizations,” froze their bank accounts, and gave them 24 hours to clarify why they should not be designated.

“Governments have a real responsibility to meet the threat of terrorism and protect the welfare of their citizens, and civil society groups are indispensable to achieving these ends,” said Kerry Kennedy, President of Robert F. Kennedy Human Rights. “The Kenyan government has gone too far by including human rights groups in a list of possible terrorist organizations. President Kenyatta and the relevant authorities should take immediate and transparent steps to remove these human rights groups from this list.”

. . . .

Now to that next step: evaluating the Kenya Defense Forces role in Somalia and Kenya’s security needs

Andrew J. Franklin’s “Terrorism and the rising cost of Kenya’s war in Somalia,” in The Standard gives a perspective on cost and “mission creep” since the original Operation Linda Nichi incursion of October 2011.  Take time to read his assessment that over the course of what is best understood as a war rather than participation in a “peacekeeping mission” Kenya has come to face an insurgency in the border counties that now poses an existential threat to the county such that the priority for Kenyan security needs to be a focus by the KDF on a comprehensive border security initiative and finally implementing the critical domestic security reforms set out in the law since 2010.

Do not forget my post of last July highlighting the reporting of Amb. George Ward at the Institute for Defense Analyses: “Kenya Defense Forces essentially collaborating with Al Shabaab in illegal charcoal exports.”  And from October 2013: “Kenya’s persistent national security corruption continues to burden Somali endeavors.”

Kenyan political leaders had unsuccessfully sought U.S. support for an operation to secure a “Jubaland” buffer region long before the October 2011 action.  There were probably a variety of motives to proceed when Linda Nichi went forward, some of which related to security and some of which related to various opportunities and schemes of a more “commercial” nature.

Without a coalition government in place as there was in 2011, President Kenyatta has the power and the accountable responsibility as Commander in Chief to articulate the mission of the KDF and the strategy to be employed, now.  Kenyans are clearly less safe than they were three-and-a-half years ago, so continuing to pursue a muddled mission without an obvious strategy seems quite dangerous.

Kenyans going for water

Kenyans going for water

Thirty eight years after the U.S. started Kenya police training in 1977, yet another failure in Garissa University massacre

The trained elite forces of Kenya’s Recce Company Crisis Response Team of the Kenya Police Service’s paramilitary General Service Unit (GSU) do not lack for personal courage and technical competence, as they showed once again in dispatching the four terrorists who spent the day Thursday murdering Christian students at  Garissa University College after killing the two guards and seizing control of the campus.

Sadly, as we also saw in the Westgate tragedy, the top ranks of leadership in Kenya’s security apparatus lack the will and/or the focus that would be required to use such forces effectively to protect Kenya’s citizenry from even such small bands of terrorists.

The infuriatingly obtuse mediocrity of Kenya’s political elite was perhaps most conspicuously on display in Foreign Minister Amina Mohamed’s characterization of the police response to the university siege as “adequate” in her interview yesterday with CNN’s Christiane Amanpour, going so far as to conclude “we did all that we could do.”  While it is true that the Kenya Defense Forces did not intervene with “friendly fire” as at Westgate, the terrorists were left in control of the school for hours on end while the Recce Squad remained in Nairobi before finally departing by plane in the early afternoon, followed by two hours of briefings on the ground in Garissa before the successful assault.  Reporting in the Sunday Nation indicates that the Recce Company members, trained in the U.S. and Israel, are regularly being diverted to ordinary policing tasks in diverse locations and not maintained as intended on standby for the emergency Crisis Response Team at their Nairobi headquarters.

Surviving students reported being aware of their insecure environment long before the attack, which was preceded by specific warnings of attacks on university campuses, as well as the British and Australian warnings of threats which so angered President Kenyatta in the preceding days.  Most individual politicians in Nairobi have more security than this inviting cluster of “upcountry” Christian young people sitting in Garissa which has long experienced small scale church attacks and other terror incidents, as well as mass “security” repression on a periodic basis.

In an interview with the Daily Nation about the background of the middle class Kenyan among the terrorists, the assistant principal of the high school attended by the now notorious killer noted that student had finished at the school “way back in 2007 when radicalization was unheard of.”  “Terrorist was a gifted, obedient student

Even “way back in 2007″ when I went to Garissa to train prospective parliamentary candidates the area was insecure enough that police escort was required from a checkpoint on the highway east of Mwingi in Eastern Province on into Garissa, crossing the Tana River into North Eastern Province.  It is hard for me to understand the idea that some grand foresight would be required to see the need for more security for this particular campus.  On its website, the University reports that it “benefits greatly from Garissa’s urban setting.  It feels closely tied to and responsible towards the city and county.  For its part it contributes to the cultural life of the city and region, and in all its activities pays regard to community and urban needs.”  The University came into being as the first full university in the old North Eastern Province in 2011 as an upgrade to an older Garissa Teacher Training College.  A noble initiative toward the crucial long term endeavor to begin the work of bringing this historically neglected region more fully into the Kenyan nation–one that made it an obvious target for Islamist extremists opposed to this endeavor.  And now shuttered indefinitely in the wake of the horrific mass executions.

Jeffrey Gettleman’s story in the New York Times “Shabaab Militants Learning to Kill on a Shoestring” identifies the extremist ideological counter-narrative. In claiming credit for the attack on one of the largest concentrations of non-Muslims in the area a Shabaab spokesman called the University part of a scheme by the Kenyan government to spread “their Christianity and infidelity” in a Muslim area that the Shabaab consider a “colony” under Christian control.

Nonetheless, Radio France International in a story headlined “Not enough Kenyan police in Garissa because its considered a ‘punishment zone'” quoted analyst Adam Hussein Adam saying “This is something that has been there since independence, and we continue to see that place [Garissa] as an outlier, and therefore we don’t deploy enough state authorities there until we have a problem like we now have.”

To me, the idea expressed in various quarters that pulling the Kenya Defense Forces out of AMISOM in Somalia now would resolve the underlying contested nature of the broader northeast within Kenya seems naive.  I don’t think the original 2011 incursion into Somalia was well considered or the best priority for Kenyan security at the time, and the AMISOM role for the KDF ought to be evaluated on its own merits now and going forward.  Nonetheless, I do not believe that there is a de facto bargain to be struck by withdrawing the KDF that would assuage those fighting what Nairobi-based security consultant Andrew Franklin has described for many months now as an insurgency within Kenya’s border counties.

Attention also needs to be paid to the experience and motives of the 27 year old Nairobi law graduate and banker, the son of a local chief from Mandera County who came to the capital for high school, followed by university.  Reportedly he wanted to join IS but settled for Al-Shabaab because he did not have a passport to travel to the Middle East but could transit the porous border into Somalia.

U.S. press coverage of Garissa University massacre

The Big Picture: Attack in Kenya” photographs in The Boston Globe.

Kenya attack targets Christians, putting new pressure on religious leaders” Ariel Zirulnick in the Christian Science Monitor.

Kenya faces grim aftermath of school massacre” Abagail Higgins and Jessica Hatcher in the Washington Post.

Kenyan religious leaders urge unity after Shabab Muslim extremists slaughter Christian students  Carol J. Williams in Los Angeles Times.

Christians warned, then killed in Kenyan university massacre” Margot Kiser in The Daily Beast.

“University attacks marks Al Shabaab’s pivot to ISIS” Ashish Kumar Sen interview with Bronwyn Bruton in New Atlanticist.

Kenya mourns 148 dead in university attack by militants”  Christopher Torchia and Tom Odula for Associated Press.

3850455481_f0db94e43c_bKenyans agonize over student massacre” Martina Stevis in The Wall Street Journal.

Nigeria example shows U.S. and other donors should act now on Kenya IEBC technology procurement corruption

For the 2013 election, I have a copy of one last minute USAID procurement through IFES for the Kenyan IEBC related to the failed electronic results transmission system; I would assume there were other USAID procurements involved for the IEBC.  Notably, the Supreme Court of Kenya found that the main cause of the failure of the electronic results transmission system and the electronic voter identification system appeared to be procurement “squabbles” among IEBC members. “It is, indeed, likely, that the acquisition process was marked by competing interests involving impropriety, or even criminality: and we recommend that this matter be entrusted to the relevant State agency, for further investigation and possible prosecution.”   “Thoughts on Kenya’s Supreme Court opinion” April 13, 2013.  See also, “Why would we trust the IEBC vote tally when they engaged on fraudulent procurement processes for key technology?”, March 24, 2013.

From “USAID Inspector General should take a hard look at Kenya’s election procurements supported by U.S. taxpayers“, February 17,2005.

Election technology can work, in Africa, just as elsewhere, when it is not sabotaged by corruption.  Nigeria, a much harder case than Kenya, proved that this weekend.

While technology is “not a panacea”, it would have mattered in Kenya in 2007 when it was purchased for Kenya’s ECK at the expense of American taxpayers as an important part of our USAID assistance program if it had not been simply “shelved” by the ECK at the last minute (in a meeting the records of which the ECK refused to turn over to the “Kreigler Commission” charged with investigating the failed election).  It was a central part of the planned assistance program for 2013 shaped on the basis of the Kreigler Commission’s recommendations for what was required based on what was done and not done in 2007.  It was also in 2013 a central and necessary part of election process under the new Kenyan law for the new IEBC, replacing the discredited and disbanded ECK.  It mattered that it did not work, and that it could not have worked because of the failure to procure what was needed when it was needed.

Aside from the basic issues regarding the technology procurements that we have all known about since the 2013 election (and before in some cases)–so thus for more than two years at a minimum–we now have in addition–the “Chickengate” matter where bribery of IEBC officials for ballot paper printing contracts by a British company and its officials, through a Kenyan agent formerly employed by the IEBC, was proven in a court of law to the standards required for criminal convictions.

Yet we see no indication of legal action by the Kenyan government to follow through even on those bribes already proven in the British Court, much less a serious fulfillment of the two-year old recommendation of the Supreme Court of Kenya for the Government to investigate and possibly prosecute the technology procurement cases.  We certainly see that corruption issues are admitted to be remain pervasive at all levels of the current Kenyan government–and perhaps there is a newfound intention to address some of them (time will tell) but apparently no new mention of the IEBC. See “Read the list of public officers implicated in corruption and what the EACC accuses them ofThe Star, March 31. And “Analysis: Kenyatta’s corrupted corruption probe” by Simon Allison in The Daily Maverick, March 30.

What are we waiting for?  Shouldn’t we (the United States) have enough self respect to at least suspend our underwriting of this nonsense and to at least make it clear that we will investigate how our own dollars were spent regardless of what the Government of Kenya elects to do or not do?  Likewise other donors who may have paid for part of this?

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Kenya 2007 Election – How bad were we? – “The War for History” part thirteen

[The previous posts from this series are here.]

In June 2007, newly “on the ground” in Nairobi as the resident Director for East Africa for the International Republican Institute, I was told that one of the President’s senior ministers wanted to meet me for breakfast at the Norfolk Hotel.

Fresh from my first meeting with the American Ambassador with his enthusiasm for the current political environment and his expressed desire to initiate an IRI observation of the upcoming election to showcase a positive example of African democracy, I commented to the minister over breakfast in our poshly updated but colonially inflected surroundings on the seeming energy and enthusiasm among younger people in Nairobi for the political process.  I suggested that the elections could be an occasion of long-awaited generational change.  He candidly explained that it was not yet the time for such change because “there has been too much corruption.”

The current establishment was too vulnerable from their thievery to risk handing over power.

Unfortunately I was much too new to Kenyan politics to appreciate the gravity and clarity of what I was being told, and it was only after the election, in hindsight, that I realized that this was the most important conversation I would have in Kenya and told me what I really needed to know behind and beyond all the superficialities of popular politics, process, law and diplomacy. Mea culpa.

After we ate, the minister naturally left me with the bill for his breakfast and that of his aide.

When it was all said and done, after the vote tallies were changed to give President Kibaki a second term through corruption of the  ECK, and almost 1500 people had been killed and hundreds of thousands of people displaced, and I finished my leave to work for IRI and was back at home in the United States, at my job as a lawyer in the defense industry, I eventually submitted “hotline” complaints to the Inspectors General of the State Department and USAID about what I considered improper interference by the American Ambassador with my work as an NGO employee administering the USAID-funded IRI Election Observation Mission as well as the Exit Poll.

As an exhibit to these complaints, in addition to the statement that I had written for The New York Times after they had called to interview me in July 2008, I prepared a Supplemental Statement to the State Department’s Inspector General.  Seven years after the ill-fated election, having eventually gotten what I could from a round of FOIA requests to State and two rounds to USAID, I am still left with unanswered but concerning questions about what the “agenda” was and was not on the part of the Ambassador, whether it was successful or not, and how it infected my work and the election.  I have no doubt that if we “hadn’t even been there,” to paraphrase the Ambassador, the election would have been stolen anyway, but we were there.  In memory of Peter Oriare and Joel Barkan to whom I dedicated this series for their efforts for a free and fair election and transparent process in 2007, and in respect to my newer Kenyan friends who have been left to continue the work in the aftermath, with courage and determination in the face of increasing repression and threat, here it is:

Supplemental Statement for State Department OIG 2-09

[I have redacted a few names and inserted some sections from my prior New York Times statement for context.]

Election Observers

 

Why does the House Foreign Affairs Africa Subcommittee keep leaving the Carter Center off their election hearings?

The U.S. House of Representatives Committee on Foreign Affairs, Subcommittee on Africa, Global Health, Global Human Rights and International Organizations is holding a hearing Wednesday morning, March 18, on U.S. Election Support in Africa.

Good.  Unfortunately, as was that much more conspicuous with the hearing about the 2013 Kenyan election, the subcommittee has scheduled testimony from the IFES/NDI/IRI troika, but without the Carter Center scheduled.  The Carter Center conducted the USAID-funded Election Observation Mission itself for Kenya in 2013, so the omission was hard to understand on a hearing on that very election; it is still hard to understand for an Africa-wide hearing.  (I have no idea why things have turned out this way, I am simply making the point that Congress would have an opportunity to be better informed if this wasn’t just an “all in the Beltway” experience.)

For Kenya’s last vote, see Carter Center quietly publishes strikingly critical Final Report from Kenya Election Observation.

For further discussion of the Subcommittee’s April 2013 Kenya hearing, see AfriCOG’s Seema Shah asks in Foreign Policy: “Are U.S. Election Watchdogs Enabling Bad Behavior in Kenya?”

In new developments, now with the British #Chickengate prosecutions for bribing Kenyan election officials: USAID Inspector General should take a hard look at Kenya’s election procurements supported by U.S. taxpayers.

The Carter Center also observed the 2002 and 1997 elections in Kenya, along with many others, including the most recent election in the Democratic Republic of the Congo in 2011 which provides perhaps another set of lessons as the Kabila government arrests democracy supporters and even a U.S. diplomat.

DRC: “We have to debunk the idea that it is peace versus transparent elections. The idea that lousy elections are going to bring peace is madness.”

Carter Center calls it as they see it in DRC

U.S. and other Western donors support review of election irregularities in DRC–offer technical assistance.

State Department to Kabila on DRC Presidential Election: “Nevermind”?

IRI Poll Releae Press Conference

US, UK, Swiss offer encouragement on Anglo Leasing corruption prosecution in face of Ethics and Anti-Corruption Commission crisis

Joint Statement by U.S. Ambassador Robert F. Godec, British High Commissioner Christian Turner, and Swiss Ambassador Jacques Pitteloud

IMG_7525March 13, 2015

The Governments of the United States, the United Kingdom and Switzerland welcome recent actions by the Kenyan Director of Public Prosecutions to combat corruption by ordering prosecutions in Kenya linked to the decade-old Anglo Leasing scandal. These orders and the subsequent arrests were important steps forward by the Government of Kenya in the critical fight against corruption. We encourage the government to build further on these actions, to include through independent and vigorous investigations of all allegations of corruption, and through fair trials and equal treatment under the law for all those charged.

The Governments of the United States, the United Kingdom and Switzerland will continue to work with the Government of Kenya as it seeks to tackle corruption and to build a democratic, secure, and prosperous future.

**

For background: “Kenya’s New Anti-Graft Czar Comes with Baggage” by Brian Obara at Think Africa Press.

Integrity Centre

Six years after Oscar Foundation murders, Kenya is a “place where human rights defenders can be murdered with impunity”

The fifth six anniversary of the “gangland style” execution of Oscar Foundation head Oscar Kingara and his associate John Paul Oulu in their car near State House in Nairobi passed largely unremarked last week, but deserves to be remembered.  From the New York Times report the next day:

“The United States is gravely concerned and urges the Kenyan government to launch an immediate, comprehensive and transparent investigation into this crime,” the American ambassador to Kenya, Michael E. Ranneberger, said in a statement on Friday. It urged the authorities to “prevent Kenya from becoming a place where human rights defenders can be murdered with impunity.” (emphasis added)

The slain men, Oscar Kamau Kingara and John Paul Oulu, had been driving to a meeting of human rights activists when unidentified assailants opened fire. No arrests have been reported.

Last month, the two activists met with Philip Alston, the United Nations special rapporteur on extrajudicial executions, and provided him with “testimony on the issue of police killings in Nairobi and Central Province,” Mr. Alston said in a statement issued in New York on Thursday.

“It is extremely troubling when those working to defend human rights in Kenya can be assassinated in broad daylight in the middle of Nairobi,” Mr. Alston said.

Mr. Alston visited Kenya last month and said in a previous statement that killings by the police were “systematic, widespread and carefully planned.”

. . . .

Unfortunately, in these five six years nothing has been done about the murders, and no action was taken on the underlying issue of widespread extrajudicial killings by the police. Kenya in fact proved itself to be a place where human rights defenders can be murdered with impunity. The government spokesman who made inflammatory (and baseless according to the embassy) attacks on the victims just before the killings is now a governor, and the Attorney General who stood out as an impediment to prosecuting extrajudicial killing (and was banned from travel to the U.S.) is a Senator. (See also the State Department’s Kenya Country Report on Human Rights Practices, 2013)

Below is the March 19, 2009 statement to the Congressional Record by Senator Russ Feingold who is now the President’s Special Envoy for the Great Lakes Region of Africa and the DRC, courtesy of the Mars Group:

Mr. President, two human rights defenders, Oscar Kamau Kingara and John Paul Oulu, were murdered in the streets of Nairobi, Kenya two weeks ago. I was deeply saddened to learn of these murders and join the call of U.S. Ambassador Ranneberger for an immediate, comprehensive and transparent investigation of this crime. At the same time, we cannot view these murders simply in isolation; these murders are part of a continuing pattern of extrajudicial killings with impunity in Kenya. The slain activists were outspoken on the participation of Kenya’s police in such killings and the continuing problem of corruption throughout Kenya’s security sector. If these and other underlying rule of law problems are not addressed, there is a very real potential for political instability and armed conflict to return to Kenya.

In December 2007, Kenya made international news headlines as violence erupted after its general elections. Over 1,000 people were killed, and the international community, under the leadership of Kofi Annan, rallied to broker a power-sharing agreement and stabilize the government. In the immediate term, this initiative stopped the violence from worsening and has since been hailed as an example of successful conflict resolution. But as too often happens, once the agreement was signed and the immediate threats receded, diplomatic engagement was scaled down. Now over a year later, while the power-sharing agreement remains intact, the fundamental problems that led to the violence in December 2007 remain unchanged. In some cases, they have even become worse.

Mr. President, last October, the independent Commission of Inquiry on Post-Election Violence, known as the Waki Commission, issued its final report. The Commission called for the Kenyan government to establish a Special Tribunal to seek accountability for persons bearing the greatest responsibility for the violence after the elections. It also recommended immediate and comprehensive reform of Kenya’s police service. Philip Alston, the UN Special Rapporteur on extrajudicial killings, echoed that recommendation in his report, which was released last month. Alston found the police had been widely involved in the post-election violence and continue to carry out carefully planned extrajudicial killings. The Special Rapporteur also identified systematic shortcomings and the need for reform in the judiciary and Office of the Attorney General.

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