Kenya’s revised “Building Bridges Initiative” report published—clock ticking on Referendum preparation

Read the Report of the Steering Committee on the Implementation of the Building Bridges to a United Kenya Taskforce Report. (Forewarning: it is over 200 pages).

Deal with the reality that the Kenyattas are richer than the Trumps to understand politics in Kenya, in the US, and the relations between us

Uhuru  Kenyatta “UhuRuto” Kenya presidential campaign

I am not going to invest a great deal of time mapping this out because the substance is obvious but details are deliberately obscured. If you are at all serious as a “Kenya Watcher” and are familiar with the basic public news trail on the Trump Organization, it is quite apparent that the net business wealth of the Trumps and the Jared Kushners is simply not at the US dollar value level of the Kenyatta family business empire (assuming as I do that the Trumps are not holding hundreds of millions of dollars of hidden assets overseas).

If you doubt me, work it up and show me that there is real reason to doubt the disparity.

These facts are critical to understanding the realities of the value of the presidency in Kenya and the relatively modest value of the presidency in the United States, even for a politician with perhaps an unprecedented view of the acquisitive opportunities.

If Trump were to get re-elected and get favorable dispensations from the Internal Revenue Service and his private sector creditors, and daughter Ivanka or son Eric were to be elected President in the future, and the Kenyattas fall off the pace somewhat in the next generation, then we can talk about the two families as “dollar peers”. As it stands, Donald Trump is a “first gen president” who had a father and grandfather who made a collective fortune that Donald did not succeed in breaking even with.

As an American I like to hope that a billion dollars still cannot buy everything a billion dollars could buy in Kenya, and that this will still be true even if Donald Trump actually becomes a billionaire someday through his children.

Ugandan People’s Defense Forces raid on opposition candidate Bobi Wine’s Headquarters puts US in awkward position

The UPDF has raided the political headquarters of Ugandan opposition MP and presidential candidate Bobi Wine, per Reuters and other news reports.

Wine, whose real name is Robert Kyagulanyi, told Reuters dozens of police and soldiers barged into the offices of his National Unity Platform (NUP) party in Kamwokya, a suburb of the Ugandan capital Kampala

The security personnel, he said, seized documents containing signatures from supporters that his party had collected to back his nomination, as well as 23 million shillings ($6,207.83).

We have Americans working to support Bobi Wine, and presumably Museveni as well, in the campaigns, and Americans working through USAID to support the democratic process. Uganda has always been a challenging environment on democratization–one in which our diplomats face an extra helping of competing priorities.

Uganda has never had a peaceful transition of power but remains more stable under Museveni’s rule than at most times prior to his military ascension in 1986. Museveni is a critic of the West who generally does business with the United States and generally facilitates our humanitarian and development aid programs, while doing business as well with China, North Korea, the former Gaddafi regime in Libya and other non-democratic actors.

Over the years that I have been informally watching (since 2008 really) we have offered occasional but muted criticism of Museveni’s disappointing performance on “deepening democracy”. See, i.e., Uganda: Retiring US Ambassador “stings Museveni for overstaying in power” but emphasizes support for Uganda’s role in regional stability”.

Uganda billboard Museveni and Gaddafi

The use of the Ugandan military is used in the domestic election process against democratic norms, however, prevents a particular problem because of the strong military-military relationship.

Ten years ago, ahead of Uganda’s 2011 election, I wrote a blog post entitled “Democracy and Competing Objectives: We need you to back us up”:

I also had a senior military officer, a general, say to me, “It really doesn’t help us when you all don’t come out and criticize sort of half-hearted democratic elections. You tell us ‘Democracy, Democracy’; then you accept when we don’t have fully up to a minimal level of standard, because you’ve got presumably some other competing objective there that mitigates against that, because otherwise we don’t understand the point of continuing to strive for that standard. We need you to back us up and to back up our societies.”

This was Kate Almquist, now Senior Fellow for Security and Development at the Africa Center for Strategic Studies, at a Military Strategy Forum on AFRICOM at CSIS in July (2010). Ms. Almquist was Assistant Director for Africa at USAID from May 2007 to 2009. She is speaking on a panel, relating her recent discussions with senior African military leaders at the Africa Center in response to a question about “competing objectives” regarding U.S. “strategic partners” including Rwanda, Uganda and Ethiopia, and “how do we know U.S. military support is not increasing autocratic tendencies and not decreasing democratic space?”

Since this event we’ve had a substandard election season in Rwanda–as well as the leak of a draft UN report using the term genocide in reference to Rwandan activity in the DRC. In Uganda, Museveni has announced formally that he is running for re-election, while continuing to refuse action to relinquish the unilateral appointment of the Electoral Commission. At the same time, Rwanda is threatening to pull its “peacekeeping” soldiers out of Darfur, and Uganda is offering an additional 10,000 soldiers to be “peacekeepers” in Somalia. The conundrums continue.

Here is a link to the audio and video from CSIS (also available on podcast). This discussion starts at 32:50 in the panel following General Ward’s speech.

Kenya Pre-Election Violence: with only 22 months until vote, were deadly clashes temporarily delayed by BBI process? What is next?

Sunday saw two deaths associated with clashes allegedly between factions within the ruling Jubilee Party.

The Presidential campaign of Deputy President William Ruto did a Sunday morning church and politics foray in Murang’a in what would be seen as President Kenyatta’s backyard. See the story from The Daily Nation on arrest orders from the IG of Police and a very strong warning from the National Cohesion and Integration Commission.

Uraia- Because Kenyans Have Rights

Circumstances are disputed between the supporters of the two politicians (Incumbent President Kenyatta and Incumbent Deputy President Ruto). It appears that government security forces were active and may have helped prevent worse violence—which could be encouraging—but that is just a superficial impression on my part from early reporting.

We are only 22 months away from a constitutionally mandated August 2022 General Election and violence in the campaign has been below what one would expect as the norm in the MultiParty Era. But the air seems pregnant with possibilities for both violence instigated by campaigns and for violent state repression. A constitutional crisis is afoot from the failure of the ruling party to effectuate the constitutional mandated gender balance in Parliament.

We are almost a year past the original release of a Building Bridges Initiative report. There is no clarity on exactly how long is to be allowed on what is now “overtime” on negotiating and agreeing on concrete steps to effectuate the changes to the basic bargain of governance in Kenya. The idea is to avoid the kind of competition we are seeing in the 2022 race as it stands now.

Germany is on social media as a lead on some of the civil society and domestic observation group preparation of the type that has been a staple but the U.S. and U.K. are unusually quiet in public about election specific issues now. There has been no public break at all in the partnership between Jubilee and the increasingly repressive Chinese Communist Party. Kenyatta has just signed a big debt and infrastructure deal with France as it becomes more apparent that the Jubilee Government grossly overpaid and thus over-borrowed on the Chinese Standard Gauge Railroad deal—which remains substantially secret.

France was a conspicuous diplomatic critic of the 2007 election theft among the European democracies but seems to have adapted to the role of election hardware and software supplier to the Election Commission since 2012 and become a major investor over the years since the partially State-owned Danone food conglomerate purchased forty percent of the Kenyatta family’s Brookside Dairies business in 2014.

The U.S. sent diplomats to facilitate post-election negotiations in late 2017 that culminated in the March 2018 “handshake” and we gave diplomatic support and National Democratic Institute facilitation to the BBI process.

As recently as April 2019 Ambassador McCarter tweeted with a picture of a visit from IEBC Chairman Chebukati that he hoped to see a 2022 election that did not involve a dispute or litigation. Without a investment in reform, which we have not seen, that would require either (1) a landslide of the sort that we saw with NARC in 2002 that gave rise to the 2003-05 democratic interregnum or (2) a recognition and consolidation of Jubilee as KANU successor.

In Washington the overwhelming public messaging is complacency. Kenya is very important to us because we are there in some real magnitude compared to the rest of the region and we are there because Kenya is important to us. But it is too early to talk about governance and elections and political violence, if for no other reason than the war against al-Shabaab is still going on as it was in the run up to the 2007, 2013 and 2017 elections.

Extended: Let me note that NDI will be releasing public opinion polling about attitudes towards elections with the Uraia Trust by Zoom on Wednesday, October 7. (Register through the link.). Regular readers will remember that what to release from the USAID public opinion survey programs conducted by IRI in 2002-07 and NDI since has been a matter of “discussion” in some situations in the past. Public release is in general what is required by the stated purposes of these USAID democracy assistance programs vis what the State Department might do for itself. So let me recognize this positive step.

Addendum:

One of the most striking symbols of French financial penetration was the acquisition last year by one of France’s richest families of a major stake in Twiga Foods which aspires to be Africa’s biggest grocery supplier after being co-founded in Nairobi by a young American entrepreneur as a “social enterprise” with support from USAID and subsequent “philanthrocapital” and IFC investment. The dollars are inconsequential relative to the infrastructure deals but if this business does ultimately succeed in its ambitions the French will be indebted to American aid and we may have missed an opportunity to help finance and support African small business.

Kenya: BBI “Railahuru” campaign scores with creation of new Arabia sub-county in Mandera security hotspot

Kenya BBI News:


The Building Bridges Initiative has not turned out to be broadly popular with the Kenyan public in the way that was hoped for when the process was rolled out after the “Handshake” between Kenyatta and Odinga in March 2008. But with no real challenge to “Jubilee Handshake“ control of the Government a traditional Kenyan campaign proceeds. With Kibaki in 2007, like Moi before him, it was new Districts; now Subcounties. The novelty is having a “lame duck” President teamed up in partnership with another politician this far ahead of the election.

Mandera elders declare support for BBI after getting new Sub-county, Daily Nation, Sept. 23:

Elders from the Murule clan in Mandera have pledged to support President Uhuru Kenyatta and Raila Odinga’s Building Bridges Initiative (BBI) after a new administration unit was commissioned in the county.

Led by Sultan Mohamed Khalif, the supreme traditional leader of the clan, the council lauded the national government initiative to declare Arabia a sub-county.

“We are delighted and grateful as a community for having an extra sub-county in Mandera which means more employment opportunities and development for our people,” said Sultan Khalif.

He declared that the Murule clan is now ready to support the BBI process since the national government has proved that it cares for the people of Mandera.

Observations: Moi might have temporarily mishandled his “lame duck” succession if he initially expected Uhuru to win in 2002 as the KANU nominee/designee. Kibaki handled his masterfully in 2013 (By all signs Raila did not realize in time that he and ODM achieved maximum influence on February 28, 2008 when he and Kibaki signed the “peace deal” and shook hands. I think that he expected to be running in 2013 as an “establishment blessed” semi-incumbent rather than outsider opposition leader.)

My guess is that Raila learned and got a better deal in some ways in 2018 than in 2008, partly because Uhuru had a lot more power as President to “shake hands” on Kenya’s future than Kibaki did. Kibaki signed the 2008 deal in public but did not have the backing of many his own key supporters to truly share power much less realign for future elections.

Aside from the ongoing campaign, of course, winning support for the central government by convincing local elders that you “care about the people” is something you would hope for as a democracy advocate so long as there is at least some substance behind it over time and the process is at least lawful versus arbitrary or corrupt.

Meanwhile in the USA, former Trump Director of National Intelligence raises threat to survival of the American democratic experiment in the conduct of this election

Trump’s ex-spy chief warns American democracy may not survive November electionIntelnews September 18, 2020.

Dan Coats, former U.S. Senator from Indiana, served as Trumps Director of National Security from the beginning of the Administration until resigning last year. His warning came in a New York Times op ed Thursday:

We hear often that the November election is the most consequential in our lifetime. But the importance of the election is not just which candidate or which party wins. Voters also face the question of whether the American democratic experiment, one of the boldest political innovations in human history, will survive.

Our democracy’s enemies, foreign and domestic, want us to concede in advance that our voting systems are faulty or fraudulent; that sinister conspiracies have distorted the political will of the people; that our public discourse has been perverted by the news media and social networks riddled with prejudice, lies and ill will; that judicial institutions, law enforcement and even national security have been twisted, misused and misdirected to create anxiety and conflict, not justice and social peace.

If those are the results of this tumultuous election year, we are lost, no matter which candidate wins. No American, and certainly no American leader, should want such an outcome. Total destruction and sowing salt in the earth of American democracy is a catastrophe well beyond simple defeat and a poison for generations. An electoral victory on these terms would be no victory at all. The judgment of history, reflecting on the death of enlightened democracy, would be harsh.

The most urgent task American leaders face is to ensure that the election’s results are accepted as legitimate. Electoral legitimacy is the essential linchpin of our entire political culture. We should see the challenge clearly in advance and take immediate action to respond.

The most important part of an effective response is to finally, at long last, forge a genuinely bipartisan effort to save our democracy, rejecting the vicious partisanship that has disabled and destabilized government for too long. If we cannot find common ground now, on this core issue at the very heart of our endangered system, we never will.

Our key goal should be reassurance. We must firmly, unambiguously reassure all Americans that their vote will be counted, that it will matter, that the people’s will expressed through their votes will not be questioned and will be respected and accepted. . . .

American national security officials decided the time was ripe to talk to “UK Declassified” about CIA/GSU counterterrorism operations in Kenya (updated 9-6)

On the record Americans in Washington and a key American who is not identified by name or specific agency tell most of the story about the development of the US-Kenyan counterterrorism relationship since the 1998 embassy bombing in a two part series from “UK Declassified”.

Particular focus is on the establishment and operation by the Kenyan police paramilitary General Services Unit (GSU) of a special previously secret CIA-supported unit dedicated to capture and render, if not kill in some situations, high value terrorist targets.

This unit was set up under the Kibaki Administration in 2004 and been kept out of the open source media since.

Here is the story (Part One) published in The Daily Maverick through their partnership with “UK Declassified”. And Part Two.

I cannot imagine that the substance of the story is especially surprising to anyone. In a way it’s a story of the interlocking of two bureaucracies and the making of “alphabet soup”. Whereas most Americans paying attention from outside specific national security roles and most Kenyans would have assumed that the counterterrorism operations discussed involved the ATPU (Anti-Terrorism Police Unit) branch of the Kenya Police Service, as discussed, it turns out they involved the GSU branch. On the American side the bureaucratic distinction is that we have been using in this GSU-support role the CIA, a stand alone branch of the Intelligence Community, rather than one of the units under the military command structure.

The fact that some mistakes would be made and “collateral damage” (such as raiding the wrong house and killing the wrong person) incurred in any Kenya Police Service paramilitary operation is hardly surprising. To the contrary it would be foolish not to expect it and my guess would be that the seeming lower volume or rate of errors in these operations compared to what we see from the GSU and the Kenyan Police Service overall has something to do with the involvement of the CIA.

More generally, however, the thing that I was aware of and concerned about as a temporary duty democracy assistance American NGO worker during the 2007 Kenyan election cycle was that these type of counterterrorism tactics–regardless of the letters in the “alphabet soup” or which utensil used to eat it–caused genuine fear among Kenyan citizens and potential voters.

The highest profile use by the Kibaki Administration of the GSU during my time with the International Republican Institute was the deployment of paramilitary troops to form a perimeter sealing off Uhuru Park in Nairobi in the early weeks of 2008 to prevent protests against Kibaki’s disputed swearing in for a second term from accessing the symbolically important venue. (Contra events ten years later for Raila Odinga’s “people’s president” mock swearing in.). See “Were Americans right to be so fearful of Odinga’s ‘People’s President’ swearing in?“, January 31, 2018.

It seems conventional that you would have some general comment from former Ambassadors Bellamy and Ranneberger for the article on counterterrorism but unusual to have the amount of discussion from the CIA side. I have thoughts about why people spoke up now but they are speculative so I will keep them to myself for the time being. Regardless, it is vitally important that Americans and Kenyans learn from experience, including trial-and-error in facing the challenges of terrorism in the context of laws and policies that place hope in democracy, democratization and the rule of law. So I appreciate the move towards increasing public information both from press and those interviewed.

Conspicuously absent though is any reference to the December 2006 Ethiopian invasion of Somalia with US support to displace the Islamic Courts Union from Mogadishu and restore the Transitional Federal Government with related operations by the Kenyan military. This kicked-off the current round of the ongoing war in Somalia, gave rise to the separation of al-Shabaab as an al-Queda affiliate operating a territory-controlling jihadist insurgency in Somalia as well as operator of persistent regional terrorist attacks over the years.

See my post from June, 2018 and articles and posts discussed therein for U.S. support for the 2006 Ethiopian invasion, Kenyan engagement, and the consequences:

More context: what happened between Fall 2006 and Spring 2007 that might have changed State Department priorities on democratic reform in Kenya and Kibaki’s re-election?

Kenya USAID documents show policy shift on Kibaki from 2006 to 2007 election

Kenyans going for water in Eastern Province with jerry cans on red dirt

Kenya’s IEBC announced 18 months ago that it would finally open its vote tally servers to public, but has failed to do so

IEBC unreformed less than two years prior to 2022 General Election“, The Star, Aug. 7, 2020.

2017 election: IEBC shopping for expert to audit its systems“, Daily Nation, Feb. 12, 2019:

IEBC Chairman Wafula Chebukati says the commission is shopping for an external consultant to audit its data systems to finally reveal what might have happened during the transmission of results in the August 2017 Presidential Election that was nullified by the Supreme Court.

Broaching the topic for the first time nearly one-and-half years later, Mr Chebukati said results of the audit will be made public.

CONSULTANT

“It is not true that we refused to open the servers,” he said, in reference to a Supreme Court order the commission violated. “What we need is an external consultant to carry out a systems audit and then open the servers to the public.”

. . . .

Accessing the commission’s servers has been a sensitive issue since the Supreme Court allowed Mr Raila Odinga to access the system during the presidential petition he filed after IEBC declared Mr Uhuru Kenyatta the winner of the August 8, 2017 election.

In a unanimous decision, the seven judges told the commission to open the servers because understanding how the system works would help the court come to a fair decision.

. . . .

However, the IEBC refused to open the servers, with its lawyer Paul Muite telling the court that the delay in opening the system was attributable to the time difference between Europe and Kenya.

“The IEBC servers are hosted in France, and the staff who are supposed to give the access window with safeguards are just waking up and will prepare the system in about an hour for the Nasa team to access,” Mr Muite told the court.

But the servers were never opened. 

“Fraud”, “Rigging” and “Falsifying” are the words for Kenya’s 2007 presidential election, as opposed to “disputed“

Kenya election vote counting Westlands Nairobi

How to describe Kenya’s 2007 presidential vote in concise language more than a dozen years later for comparative purposes?

Here, from the Executive Summary of the USAID-funded International Election Observation Mission report from the International Republican Institute, published and released in July 2008:

Following the transfer of the ballot boxes, it was reported that in some areas constituency-level officials from the Electoral Commission of Kenya (ECK) turned off their cells phones, and many suspected these officials of manipulating the results of the presidential poll. In addition, the ECK in Nairobi refused to allow observers into tallying areas throughout the final process, and the government instituted a media blackout until the sudden announcement of President Kibaki as the winner of the poll, which furthered suspicions of malfeasance.

Although IRI’s observation mission consisted of only short-term observers who were unable to be present through all of the vote- tallying at the constituency level, IRI has reason to believe that electoral fraud took place and condemns that fraud. The rigging and falsifying of official documentation constitutes a betrayal of the majority of the Kenyan people who peacefully and patiently waited in long lines to vote on December 27.

The Institute also condemns the tragic loss of life and property that characterized the post-election period. It has been estimated that the violence claimed more than 1,500 lives, displaced close to 600,000 people and caused millions of dollars in property destruction and lost revenue and wages.1 At the time of printing this report the mediation efforts have led to a tentative power- sharing deal, but it remains to be seen if the government will in fact honor the agreement signed by President Mwai Kibaki and Raila Odinga on February 28, 2008 (emphasis added).

See “The War for History: Was Kenya’s 2007 election stolen or only “perceived to be” stolen?”:

8. I think it is important to look at the exit poll situation in the context of IRI’s Election Observation Mission Final Report which has now been published as a printed booklet (they FedEx’d me a copy with a cover letter from Lorne in mid-July). The report, which I had the opportunity to provide input on, working with my staff in Nairobi on early drafting and through later editorial input on into April when I was doing follow-up work such as the internal exit poll memo of 4-20 that I sent you, is very explicit that IRI found that “after the polls closed and individual polling stations turned over their results to constituency-level returning centers, the electoral process ceased to be credible”. Likewise, the report states that “To date, there has been no explanation from the ECK as to exactly how or when it determined the final election totals, or how and when that determination was conveyed to President Kibaki to prepare for the inauguration.” The report also notes “. . . the obvious fraud that took place during the tallying of the presidential race . . . ” The Executive Summary states: ” . . . IRI has reason to believe that electoral fraud took place and condemns that fraud. The rigging and falsifying of official documentation constitutes a betrayal of the majority of the Kenyan people who peacefully and patiently waited in long lines to vote on December 27.”

US Senate: more on collaboration by Moi’s former consultants Manafort and Stone with Wikileaks and Russian spy Kilimnik on behalf of Trump

For context see “Kenya’s Moi hired Paul Manafort and Roger Stone to lobby National Democratic Institute and others in 1992 election“.

Here is how The Los Angeles Times morning newsletter describes yesterday’s US Senate release:

‘A Grave Counterintelligence Threat’

President Trump‘s 2016 campaign eagerly capitalized on Russia’s efforts to meddle in the U.S. election four years ago, according to a Senate Intelligence Committee report from Republicans and Democrats that raises new concerns about connections between Trump’s top aides and Moscow.

As Russian military intelligence officers were releasing hacked Democratic Party emails through WikiLeaks, the report said, the Trump campaign “sought to maximize the impact of those leaks” and “created messaging strategies” around them. The report found that the Trump campaign “publicly undermined” the U.S. intelligence community’s conclusion that Russia was behind the email hack and “was indifferent to whether it and Wikileaks were furthering a Russian election interference effort.”

The 966-page document describes Paul Manafort, the president’s former campaign chairman who is serving prison time for financial crimes, as “a grave counterintelligence threat” because of his relationship with Konstantin Kilimnik, a business partner in Ukraine who is conclusively described as a “Russian intelligence officer.” Manafort and Kilimnik used encrypted messaging applications and codes to communicate, sometimes telling each other to look at the “tea bag” or the “updated travel schedule” when it was time to check the email account they shared, according to the report, which represents a rare bipartisan consensus on a hotly contested topic.

The report includes new details about Roger Stone communicating with Trump about Wikileaks and concerns about whether anyone encouraged Michael Cohen, the president’s former personal lawyer, to lie about Trump’s pursuit of a luxury skyscraper in Moscow during the campaign.

This fifth and final volume from the Senate Intelligence Committee’s investigation into Russian election meddling in 2016 arrives soon after Trump’s own intelligence officials have warned that Moscow is revisiting its playbookahead of the 2020 election by trying to undermine Joe Biden.

More at “Senate’s Russia Report Implicates More Than Trump’s Campaign“, Bloomberg Quint, Eli Lake, Aug. 19, 2019.

Old Party Office in Kibera

Solo 7–Kibera