Monthly Archives: April 2011

“A reply to concerned commenters on the Ocampo charges” and preparing for 2012 in Kenya

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This is something I prepared last December at the time the ICC prosecutor initiated his charges against “the Ocampo Six”.  Now that another four months has gone by, and we are many more months away from knowing whether any trials for the Kenyan post election violence will proceed, I thought it was worth revisiting:

With respect, it is hard for me to believe that anyone seriously thinks that [former ECK Chairman] Kivuitu himself was the primary manipulator of the election results. It happened on his watch, yes. He failed, but was not the primary instigator, nor beneficiary. I am very sad that the Kreigler Commission charged with investigating the election chose to fence off from review what happened with the presidential results–this is a great loss. Nonetheless, the charges of crimes against humanity sought by Ocampo as prosecutor before the ICC will stand or fall on their own merits. While Mr. Ocampo was not elected, he was appointed through a lawful process established by the countries, including Kenya, who are State Parties to the ICC convention. What prosecutors in Kenya are elected? Yes, there are more people who could be charged with more crimes–but the cold reality is that it is almost three years since the election, and it is the ICC or nothing and no one. This is less than it could have been, but far better than nothing.

Having lived with my family in Nairobi through the campaign, voting and violence, aside from my role in supporting the election process , the observation mission and exit poll, I fully appreciate the angst over the manipulation of the results after a peaceful vote, and over the role of the authorities in both the manipulation itself and in contributing to the violence by suppressing lawful protest and even murdering innocent citizens. To date no one has been prosecuted for any of this–Ocampo’s charges against Ali are a breakthrough in this regard. Ocampo is not seeking charges against anyone from the opposition for the chaos caused by the stolen election, but rather for crimes against humanity in the Rift Valley that are akin to the violence there in 3 of the last 4 elections. The judges will decide whether the indictments are issued, and if so, the trials will proceed with both sides presenting their evidence.

To say something further that I have not said publicly before, I do want to be clear that it is my personal belief that bribery of Kenyan election officials is “what happened” in the presidential election. I have not written or spoken publicly of this before because I claim no evidence or personal knowledge. In the first instance, it is what I was told by a senior diplomat (not U.S. Ambassador Ranneberger or anyone who worked for him) during that the post election period. It was explained to me that clear evidence had been identified. I accepted this as being explained to me not as gossip or a matter of personal interest, but as important information that I needed to know in the context of my job. There was no discussion of confidentiality, but it was what I will call a “private conversation in a public place”. Nothing clandestine, nothing that I was not to report back privately or act on but obviously not something I could “go public” with without being provided more detail and evidence which wasn’t offered.

Everything else I have learned since then is consistent with what I was told, and nothing is contradictory. I still have no personal knowledge or evidence, but it is what I do believe. This is one significant part of why I continued to be of the opinion that the exit poll indicating an opposition victory in the presidential race should be released.

Certainly the last election is very much “water under the bridge”, but now Parliament must grapple with constituting a new Election Commission for the current election season with campaigns already gearing up. Kenya very much needs better election officials this time than last time. The technical capacity to hold a clean election is certainly there–as we know from 2002, and the referendum in 2005 and in 2010. The moral capacity for tragedy and chaos is there, too, as we know from 2007.

Martha Karua announces presidential candidacy

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The Daily Nation reports:

The former Justice minister is set to announce her bid to clinch the top seat come the next General Election, due in 2012, at the National Museums of Kenya, Nairobi.

Ms Karua has distinguished herself as a human rights campaigner and a vocal anti-graft crusader especially in parliamentary debates.

.  .  .  .

Ms Karua has also distanced herself from ethnic political alliances and has refused to play second fiddle to Finance minister Uhuru Kenyatta in central Kenya politics. She is on record saying that the era of political dynasty is gone and Kenyans should be allowed to elect leaders based on choice.

With the launch, the Gichugu MP will become only the third woman to vie for the presidency in Kenyan history. In 1997, Water minister Charity Ngilu and environmentalist Wangari Maathai endured unsuccessful presidential bids.

Investing in Southern Africa–MCC Webchat

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Register for a webchat about Millennium Challenge Corporation programs, AGOA and investment opportunities in Southern Africa.

Event is Thursday, April 21, 11:30am Washington/EDT; 1530 GMT.

Odinga in Washington; U.S. in Libya; “Kinetic Action” v. MCC

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Here is the link to a multimedia page for Raila Odinga’s speech and Q & A last week at CSIS in Washington.  Nothing newsmaking in itself that I saw, but a good speech of interest to those following governance and democratization issues in Africa and especially Kenya and Ivory Coast.

In the meantime, one of the most telling things I have read about how our actions in participating in the Libyan mission are viewed by others is from Bruce Reidel at Brookings:

The Indians are puzzled that some in the West who had embraced Qaddafi less than a hundred days ago are now so shocked by his cruelty. Qaddafi did not change in 2011. Some former Indian diplomats are quick to suggest that the Libyan war shows America’s “unreliability” and a tendency to over react to the last news broadcast. Who are the rebels in Benghazi, they ask, that are now your allies? Why do you rush to help them, and not the shia protesters in Manama?

As one Indian observer put it, “the U.S. is both promiscuous and flighty” with its relationships.

“A Letter from Agra:  How India Views U.S. Actions in Libya”

These observations on the Indian view were published almost a month ago.  If the NATO effort in Libya bogs down, we may find ourselves asking more rigorously, “why exactly did we decide to do this?” and “what specifically were we trying to accomplish originally and what specifically are we trying to accomplish now?”.  Those same questions that eventually became “known unknowns” in Iraq.

In the meantime, The Hill caries a piece by Paul O’Brian of OxFam America on potentially critical budget cuts for the Millennium Challenge Corporation.  No one at the MCC could afford to make the comparison politically I am sure, but let me make it for them:  look at the cost of the Libya action versus the cost of the MCC.  The MCC would seem to have bipartisan support if any area of development can.  A George W. Bush initiative originally, but very compatible with Democratic “soft power” thinking and led by Obama appointees now.   A relatively small staff and bureaucratic footprint.

In geopolitics, and in longer term development, we need to pay some real attention to states, but if this is a humanitarian effort don’t we need to look also at the numbers of people involved: is this worth the cost relative to the cost of other “kinetic” or “non-kinetic” endeavors?  Ivory Coast, for instance, is a much more populous country.

“O-Negative” Conspiracy Theories Show Kenyans Can Be As Politically Credulous as Americans

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Here is the AP today:  “Kenya’s tribal ‘O’ factor: Obama, Ocampo, Odinga”.  Apparently it is always easier to believe objectively outlandish things about people who are members of different ethnic groups–no big surprise I suppose.

Perhaps the next thing will be to see Donald Trump start expressing interest in the Kenyan presidential race.

In Kenya a lot of the problem is the degree to which news reporting is skewed by the government and other interests, whereas I think in the U.S. it is more a matter of the crowding out and dumbing down of news by the commercial celebrity culture, and the “narrowcasting” problem whereby people get their news from either opinionated sources conforming to their ideological predispositions or from superficial “he said, she said” reporting that provides nothing except the two adversarial arguments of the usual political combatants, irrespective of facts.  It may be that Kenya is on the upswing in this regard whereas here in the U.S. we are on the downswing.

At least no one in Kenya so far as I know believes Obama was born there.

US Navy Announces Successful Test of Shipboard Laser, Possible Pirate Defense

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From The Washington Post:

By Associated Press, Wednesday, April 13, 1:55 PM

NAIROBI, Kenya — A ship-based laser tested by the U.S. Navy’s research arm could put the heat on Somali pirates.

The Navy for the first time last week successfully tested a solid-state high-energy laser from a ship. The beam, which was aimed at a boat moving through turbulent Pacific Ocean waters, set the target’s engine on fire.

The Office of Naval Research says the laser traveled over “miles, not yards.” For now, the test is a proof of concept, and it’s not yet known when it might be deployed as a weapon.

The baseball-sized laser beam, though, could be used to stop small crafts from approaching naval ships. It could also target pirates.

“You can use the laser to ward off an attack, or you can dial it down to a non-lethal level where it basically becomes a very bright light so they know they are being targeted,” Michael Deitchman, the director of air warfare and weapons at the Office of Naval Research, said Wednesday.

Deitchman said the laser provides two benefits not seen in other military weapons. The laser is precise, unlike bullets that can ricochet and hit unintended targets, and the laser’s strength can be dialed down from a lethal level to a nuisance level.

.  .  .  .

Somali pirates attacks have become increasingly violent in recent months. Pirate assaults typically involve multiple skiffs zooming in on a target. The pirates often carry and fire AK-47 assault rifles and rocket-propelled grenades at targets.

 

Kikuyu Wananchi Deserve to Know about Bribery at ECK in Deciding Whether to Follow Uhuru and Kibaki

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The public side of the tribal rhetoric from politicians in Kenya right now is already at a level beyond what it was in the 2007 presidential campaign. [April 16 update–following warnings of arrest and other punitive consequences from the ICC the rhetoric of the suspects has been toned down at present and a movement to “blackout” coverage of the Ocampo 6 defendants had taken off.]

Uhuru Kenyatta has presented himself at the ICC in the Hague as Deputy Prime Minister and Finance Minister, by authority of “the duly elected” President.  He bases his defense for his alleged involvement with the support and orchestration of ethnic revenge attacks in the Rift Valley on Prime Minister Odinga’s call for “mass action” in the face of the ECK’s announcement of Kibaki as the election winner rather than commencing an action in the Kenyan courts.  Basically the whole situation is to be blamed on Odinga personally for not accepting his loss in the elections.

Uhuru has been designated a Kikuyu elder and announced by the old guard as Kibaki’s successor as leader of the ethnic Kikuyu, as well Kibaki’s successor in politics.  And now he is in alliance with William Ruto, his dockmate at the Hague accused on being an instigator of ethnic  Kalenjin militia against Kikuyu in the Rift Valley.  All should be forgiven except Raila.

And the spokesman for PNU, partner in the alleged Government of National Unity, has published an editorial expressing his personal view that the Prime Minister is essentially the devil incarnate.

More politics as usual, perhaps, in Kenya–but politics as usual may mean that people get killed.  It is obviously time to be concerned about the 2012 election.

A key question is whether large numbers of rank-and-file Kikuyu are willing to answer Uhuru’s war cry.  Another is whether Kikuyu business leaders outside of elective politics will aid in eventually resisting the ICC.

Most Kikuyu did in fact vote for Kibaki’s re-election in 2007.  It was a close election.  I think they deserve to know the truth about what happened at the ECK in that election in making their decision about how to respond to Uhuru’s rhetoric now.

This is from an Inter Press Service story this weekend on Martha Karua’s 2012 presidential candidacy:

[Martha] Karua helped form the National Rainbow Coalition (NARC) that won the 2003 general election, and ended nearly four decades of rule by KANU. When she entered parliament, there were six female MPs. Now there are 22 out a total of 222.

Karua strongly supported the current president, Mwai Kibaki, during his days as the Democratic Party (DP) leader and during the violent conflict that followed the disputed 2007elections which gave birth to the current coalition government with the Orange Democratic Movement (ODM) led by Prime Minister Raila Odinga.

“I supported the president at that time because that is what the electoral commission said,” she says. She was appointed Minister for Justice and Constitutional Affairs in January 2008.

But she resigned her ministerial position in frustration in mid-2009.

“I realised all they wanted was Moi to be out so that those who assume office continued with the same vices that were rampant during Moi’s era. Impunity and corruption are still the order of the day. So I quit because I did not want to be part of a government that does not listen to the cries of the governed,” Karua says.

[Updated April 6 and 16] Senate Hearing this Afternoon on Gration as Ambassador to Kenya

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[Update April 16:  The Gration nomination was approved on voice vote by the Committee, vote by full Senate to be scheduled.]

[Update April 6:  The National Journal reported on the hearings which generated relatively little coverage.  The story notes the strong opposition to Gration from Sudan activists but concludes that he is expected to be confirmed, with support from Committee Chairman Kerry (as well as the President) and with no indication of opposition from the Republican side either.  There is probably just too much other news out of Ivory Coast and Libya, along with Sudan itself, for these hearings on the appointments for Kenya and Botswana to get much mainstream media coverage.]

Confirmation hearings for Scott Gration for Ambassador to Kenya and Michelle Gavin (recently Africa director for the National Security Council) for Ambassador to Botswana begin at 2:30pm Washington time.

Here is the link to the video and for subsequent transcript and submissions from the Senate.

See Diplopundit for counter-Gration advocacy from Save Darfur and related Sudan activists who are unhappy enough with Gration as Special Envoy on Sudan to work against his Kenya nomination.  Staying away from domestic politics, and not being a Sudan expert myself, I won’t weigh in other than to say that the Kenya/Somalia job seems much different than the Sudan envoy job.  And to point out that the post in Nairobi has been waiting for him for a long time and that he has loyalty from President Obama as discussed in previous posts.

Previous on Gration:  Discussion about Gration as Ranneberger Replacement Hits the Media and Gration Spoke Out on Obama/Odinga ‘Smears’ in 2008 Campaign and Obama taps Gration.

Another Ugandan Weapons Procurement Scandal?

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The East African reports:  “$740M fighter jets scam sneaks under the radar.”

In a deal reminiscent of previous purchases of military hardware in which the army bypassed civilian oversight, the Ministry of Defence and Bank of Uganda are in the news again following revelations that on the express instructions of President Yoweri Museveni, the ministry withdrew money from the central bank without due parliamentary approval, to buy six fighter jets and other military equipment from Russia worth $740 million.

It also emerged that this money is from the supplementary budget and that part of it — over $400 million — has already been spent. Hence government only wants parliament to rubberstamp the acquisition.

The deal marks a return to the late 1990s, when under the cover of classified expenditure, the country lost $6 million after shadowy middlemen sold the Uganda People’s Defence Forces attack helicopters that could not fly.

.  .  .  .

As usual, the president is once again on hand to let Defence off the hook.

On the night of March 24, Museveni met the National Resistance Movement parliamentary caucus at State House Entebbe and told the legislators to support the $740 million supplementary expenditure.

Although he did not mention the country the jets were bought from, the Daily Monitor reported last week that Russian defence websites claimed that Uganda and Algeria had gone shopping in the Russian capital.

It further revealed that the two countries paid a joint price of $1.2 billion for 22 jets — Uganda’s being only six.

Hence each of Uganda’s jets should have cost $54.5 million, translating into a total of $327 million.

.  .  .  .

The army also bought some 90 tanks from Bulgaria, only 10 of which proved operational.

The purchase earlier of another set of MiG jet fighters also followed a similar pattern: They arrived with one wing, had no spare parts nor bomb loading capacity.

Public policy analysts argue that these dubious procurements are not just bad luck hounding Uganda’s military.

Rather, they say, defence spending is the conduit through which public finances are channelled to fund politics.

 

In the meantime, the Kenya Broadcasting Corporation reports that the drought and increasing food prices leave 5 million people at risk of hunger in the greater Horn of Africa region:

The World Food Program – WFP Executive Director Josette Sheeran has expressed fears that drought coupled by rising food prices could drive some 5 million people into hunger in the Horn of Africa sub-region.

Sheeran said the number of hungry people in the Horn of Africa was growing and WFP aims to assist 5.2 million people as drought, rising food and fuel prices and conflict take their toll.

“More and more people need help in the Horn and we’re now on high alert over the impact of the March to May long rains. The drought began with the failure of the October to December short rains last year in eastern parts of the Horn of Africa, pushing an additional 1.4 million people into hunger,” said Sheeran.

The World Food Program is also warning that the number of people in need of assistance may increase if the current long rains – from March to May – are poor.

Sheeran who is in Nairobi on a fact finding mission noted that farmers in producing areas that have abundant supplies are selling their produce to WFP so that it can be used to help the poorest in drought-stricken areas.

In 2010 WFP bought food worth a total of US$139 million in Kenya, Uganda and Ethiopia.

Food prices have started rising in areas that relied on the failed short rains for food production, with increases for maize of 25 percent to 120 percent in some remote parts of the Horn.

Cereal prices in the region over the next six months are expected to increase by 40 to 50 percent.