Corruption and Terrorism/Security

Timely and interesting post here from the FCPA Blog, noting an article in the December issue of Foreign Affairs which discusses investigative reporting showing the ease of obtaining a new US biometric passport using a false identity, and tying this to the Anglo Leasing scandal in Kenya where “most of the tainted contracts related to Kenya’s security apparatus — passport controls, forensic labs, security vehicles and satellite services, among others”.

We have seen lots of examples where Kenya’s lauded security co-operation with the United States and other countries in the region is undermined by corruption.

The fact remains that the United States, from 9/11 to the would-be Nigerian bomber in Detroit on Christmas Day, makes itself vulnerable by allowing people subject to know terrorism concerns to enter the country legally. Presumably our first priority in fighting terrorism would be to do more to get our own house in order. Beyond that, we should be leery of investing in and relying on “partners” that prove themselves unreliable due to known propensities for corruption.

Stepping back from the Abyss, a talk by John G...

Stepping back from the Abyss, a talk by John Githongo. At a function organized by the Kenya Society at the Victory Services Club, London W2 (Photo credit: Wikipedia)

The Global Graft Report highlights a Deutsche Welle feature on Wikileaks which suggests that the greatest “wikileak” to date has been the publication of John Githongo’s materials on Anglo Leasing and related corruption in Kenya.

Not a festive season within ODM or Grand Coalition Cabinet

Here is a tough challenge to Ruto in the Nairobi Star . Note that the author has identified himself as “Raila’s adviser for coalition affairs and joint secretary to the Permanent Committee on the Management of Grand Coalition Affairs” while describing Ruto’s background as an anti-reformer in KANU Youth 92, saying he became wealthy without explantion of the sources, questioning the basis for his objection to trying post-election violence suspects pursuant to the Waki report and questioning what he has actually done to uphold the rights of youth who may have been unfairly targeted in the post-election arrests.

In the meantime, Ruto continues as Minister for Agriculture, a portfolio that ought to matter a great deal right now as far as the welfare of the public and the overall effectiveness of the Coalition Government.

It seems to me that the internal tension within the Government will only continue to escalate for some time going forward. Absent a decision by the ICC to stand down it is hard to see the split between Odinga and Ruto being papered over–while at the same time two of the leading figures on the Kibaki/PNU side of the coalition, Uhuru and Kalonzo, are floating alliances with Ruto.

And today the Standard reports that Speaker Marende has stated in Western Province his intention to run for President himself in the coming election.

The one constant seems that all of the key figures in government have their eyes on issues much beyond doing their immediate jobs.

Christmas Eve Arrests for Human Rights Marchers

Bunge La Mwananchi reports that 22 members of BLM and Kenyans for Justice and Development have been arrested and taken into police custody for the offense of engaging in a peaceful procession against impunity, noticed to police in advance by letter.  I guess it can be said that there is no impunity for political expression.

Another Scandal–Business Daily reports looting of Pyrethrum Board

Business Daily:  How Top Managers and Farmers Joined Hands to Loot Parastatal:

“Years of cronyism, official blind eye to looting of farmers’ assets and a veil of monopoly that sneered at every rule in the book are responsible for plunging the State-owned Pyrethrum Board of Kenya (PBK) into oblivion, records show.

A forensic audit adopted by Parliament in February this year, internal audit records and communication between the board’s management and top government officials also suggest that the prosecuting arm of the government may have delayed corruption cases, tacitly abetting a decade-long plunder of the corporation’s resources.  .  .  .”

“How Kenyan Politics is Shaping Uganda Election Campaign”

New Standard item on linkages between Kenyan and Ugandan parties/factions.  This has a lot of potential to contribute to indirection and lack of transparency in both countries, with lots of extraneous interests–and one more thing to distract Kenyan politicians from getting anything done in the Government of National Unity in the meantime.

More Gov’t of Kenya action to muzzle media

The Standard reports that it has been enjoined  from publishing stories regarding Deputy Prime Minister Uhuru Kenyatta and the purchasing of government vehicles.  Uhuru sought the temporary injunction to protect his interests and reputation.  Seems like a classic case of a high gov’t official using prior restraint to avoid challenge to his job performance.

This is to me another example of fact that the media environment in Kenya is not quite as free as international commentators frequently suggest.  While there is quite a bit of reporting on corruption, the fact remains that it hasn’t dented impunity, and there is a great deal that is known but not reported, and many stories get started but never followed to conclusion. 

After the paramilitary raid on the Standard Group in mid-2006, the US eventually made peace with impunity for this attack on the media.  By the summer of 2007, then-Internal Security Minister Michuki–who famously said of the Standard raid that the Standard, having “rattled a snake” should have expected “to get bitten” for its reporting–was the featured speaker at the Ambassador’s Fourth of July celebration, talking of his recent security cooperation tour in the US.  With this background for its critics in the Government, the press can’t help but wonder how far it can go.

Kenya’s Kibera slum overflows with street art — latimes.com–Solo 7

Kenya’s Kibera slum overflows with street art — latimes.com

Feature on Solomon Munyundo, a.k.a Solo 7

Solo 7 — Toi Market

Solo 7–Kibera

Morning Update–Constitutional Review

The 30 day period for public comment on the proposed new constitution has now run.  Here are some quotes from yesterday’s editorial in Nairobi’s Business Daily Africa entitled “Save the Review”:

“When the Constitution writing project began in the early 1990s the majority of Kenyans were agreed that power needed to be dispersed and checked by the various arms of government.

But going by the polarisation that has emerged as the deadline for submission by the public of views on the draft closed on Wednesday, this point appears to be escaping the memory of many.

Once again, the process appears to be headed for a stalemate thanks to the short-term interests of the main actors on the political arena.

Yet the jostling for power aside, it must be said that the constitution making project has merely become captive to a lack of leadership.”

It’s pretty basic that the constitutional process has to be about the country not the current crop of individual politicians, but it doesn’t seem there is not much of a source of strong leadership from outside politics and no willingness to lead on this basis from among the politicians.  It would seem that a lot of the burden will rest on civil society if the process is going to lead to a significantly improved new constitution soon.

Kenyan Constitutional Reform and Michel Martin interview with Johnnie Carson

NPR’s Michel Martin interviewed Obama’s Asst. Secretary of State for Africa last week on “Tell Me More”–transcript is up on NPR.org.

Interesting that Martin starts with Kenya and the second anniversary of the election violence.  Carson is very specific that Kenya needs a new constitution and that it needs to include “a sharing of power” between “the” president and “the” prime minister, devolution of power to the provinces, and “a land reform bill”.  This raises the question of what the US role might be in moving the constitutional negotiation in that direction–and why.

Also significant is that Carson specifies the new constitution in the context of increased “goodwill and cooperation” among the current Kenyan political players.  Nothing said about impunity, the ICC, justice, corruption, et al.

Personally, I am more interested in “power sharing” between branches of government than in having a shared executive role, which in my view doesn’t do much for accountability.  I’m old enough to remember (from junior high school days) the brief flirtation with the idea of a Ford and Reagan “co-presidency” at the Republican Party convention.  Seems like everyone ended up agreeing it just wasn’t workable here.  It’s hard to make this succeed as a compromise deal negotiated between two individuals; not sure it isn’t harder to come up with a way to structure it systemically as a permanent choice in the constitution.

Land reform is crucial, of course, and the problem gets worse and worse as the population grows at a 2.7% clip–but the present Kenyan instutitions and the present crop of political leaders are, to my way of thinking, “no how, no way” ready, willing or able to tackle this until other reforms are effectuated.  Start by admitting that the problems are, in fact, unfixable and have no good solutions.  There is a price to be paid for all those years of corruption, venality and tribalism.  I wonder what the United States and other Western countries were doing about this back when the Kenyan population was 20 million instead of 40 million and the options were better? 

Regardless of any of the policy preferences of any of us in the US, however, I do completely agree that Kenyans need the opportunity to have the constitutional reform process move forward at pace, and go to vote in a referendum on the final product.  It seems to me that Kenyans are pretty well aware at this point that, in general, the political leadership does not have their best interests all that much in mind–giving the public the opportunity to have a direct say, for the first time since December 27, 2007 is crucial to restoring functional democracy.

Githongo to Speak at CSIS Friday: “Prospects for Political Reform”

The African Center for Security Studies and the Africa Program at the Center for Strategic and International Studies will host “Prospects for Political Reform in Kenya: A Discussion with John Githongo, Kenyan anti-corruption campaigner, Moderated by William M. Bellamy, Director of ACSS and former Ambassador to Kenya”

Friday 10:30am-12:00pm at CSIS

Public Event, but RSVP to CSIS Africa Program at africa@csis.org

Space is Limited!

Worth reading Githongo’s June speech in Senegal upon receiving ACCS’s  “African Visionary Award”  here.