Having apologized for having gotten our shoes in the way of the vomit, donors to Kenya’s government are now finally alarmed again about the (ongoing) corruption

Here is the latest from Kenya’s Journalists for Justice on the corrupt involvement of personnel in the Kenya Defense Forces in the charcoal and sugar smuggling trade.

It’s not so much that I’m jaded, it’s just that I have watched this movie before–and even been an “extra” of sorts in one of the previous remakes.

Yes, corruption is obviously getting even worse within this Kenyan administration than within the last.  But that was also true when I lived in Kenya during the end of the first Kibaki administration and into the beginning of the second.

There are several readily apparent reasons.  For instance, when I lived in Kenya I made the acquaintance of a Western expat whose spouse was in the tourism business. Prior to the 2007 vote count corruption and violence, the tourism business was booming.  But corruption was up as a cost of doing business as it was explained to me because to operate you had to pay off a second generation, too–the kids of the senior politicians.  Presumably this generational expansion has continued.  Why wouldn’t it?

The year before I moved to Kenya the UK and US envoys had been outspokenly opposed to the corruption, in the context of the Anglo Leasing revelations by John Githongo of massive corruption involving national security procurements, touching our own security interests aside from our sensibilities about criminal behavior, along with the outrageous shenanigans involving the Artur Brothers, and the Standard media raid, among others.  The British envoy even offered the memorably colorful “vomit on our (the donors’) shoes” metaphor about the extent of the gluttonous “eating”.

But by the time I arrived in mid-2007 things were different.  New personnel led the diplomatic missions.  On the US side we apparently helped Moi and Kibaki get back together, and hosted Interior Minister John Michuki, of “rattling the snake” fame, who had taken credit for the Standard raid, on a security tour of the U.S.  Michuki represented Kibaki at our Embassy’s Fourth of July party, where Moi unofficially planted himself to catch the receiving line.

And then we looked the other way at the corruption of the Electoral Commission of Kenya.  Ambassador Ranneberger made sure to get his predecessor Ambassador Bellamy removed from our IRI Election Observation Mission on the basis that he was “perceived as anti-government”.  Bellamy had spoken out on the corruption, in particular the Standard raid.  The week before the vote, Ranneberger noted for the Kenyan public that Kenya was “on track” in fighting the vice of corruption, that  we had had Enron in the U.S., that prosecutions for Anglo Leasing and Goldenburg could take time, and that the World Bank had given the Kibaki administration an award for procurement reform (of all things) and that he expected a “free and fair” election.  And then we tried at first to sell the ECK’s election “count” even though we knew full well that it was bogus.  When that didn’t fly, we supported “power sharing” so long as there was no new election before Kibaki’s full second term was up.  According to a news report from Nairobi years later from stolen cables from “Wikileaks” we issued a couple of “travel bans” based on alleged evidence of bribery against two of the ECK commissioners, but we never disclosed this action or the evidence, why we singled out these two or anything else about the matter.

During the post election violence a diplomat explained to me that the reason many of the younger pols in Kibaki’s PNU coalition were against a power sharing settlement was that they didn’t want to share the secondary ministry appointments.  Ultimately by adding opposition politicians into the second Kibaki administration through “power sharing” with extra ministries you further expanded the multigenerational set of stomachs to let eat.  One way to look at the settlement naturally has been that Kibaki and Raila were willing to stop the fighting (so long as Kibaki retained with further ambiguity the full second term Presidency which the ECK had delivered to him) and the rest were bribed to acquiesce.

So you cannot tell me with a straight face that the diplomatic position of the United States in 2007-08 was to “oppose” corruption as a high rather than a subordinated priority.

After being stung by criticism from the election debacle, Ranneberger was reborn as an outspoken “reform agenda” campaigner for his extended tour on through the passage of a new constitution.  He compiled dossiers on money laundering and drug smuggling through politico/business interests and encouraged action, albeit to no avail. His successors quietly moved on, however, and we helped sell a new badly handled election in 2013 by a new, but probably more pervasively corrupted electoral authority.  We helped pay for expensive technology that was doomed by procurement fraud but kept quiet.  The British Serious Fraud Office successfully prosecuted one of their companies and its owners for bribes on other election procurements, but the Kenyan administration has taken no action to follow up and we have kept our silence.

With time, we have come again to affectionately embrace our usual suspect “partners”, with new programs headquartered in our favorite African city of Nairobi.  A photo op in the Oval Office with POTUS and FLOTUS for the Kenyan President and First Lady last year, followed this summer by a glowing official Presidential visit to Nairobi with a telegenic dance party at State House.   Never mind what we said before; please can we give you more?  Some eloquent speech about the cost of corruption, safely abstract from the burgeoning accumulation of years of specific cases on the impunity docket.  Yes we can dance with this new set of shoes without even looking down at the vomit.

Surely then it can be no surprise that things have gotten that much worse.  With a new report by Kenyan journalists on the longstanding implication of Kenyan Defense Forces which we help underwrite in Jubaland in the sugar and charcoal smuggling rackets, and fresh levels of embarrassment from the international press from the National Youth Service, irregular handling of bond proceeds amid rising debt levels, more land grabbing and another looted bank, all with a new election cycle approaching, the season has turned again and it is the time for furrowed brows.  Time for the U.S. to lead a donor group to call on the current version of the anti-corruption authority.  To talk again of “visa bans” and offers again to assist in “asset recovery”.

Instead of another remake, could this be a sequel offering a surprise ending, with say, even a few villains in jail, or at least less rich, as a cautionary tale for some and a bit of hope and inspiration for others? Or is this just another iteration of “the formula” in which the sheriff rides into town, frowns at the drunken brawl, then passes along to enjoy the cinematic scenery on the way home?

Only time will tell.  I do think we genuinely would prefer to be against the corruption rather than aligned with it.  We just lose our nerve and get distracted by other priorities that seem more immediate.  Making a dent in Kenya’s entrenched culture of impunity would take a long hard slog, in the face of bitter opposition formal and informal.  It would be messy and likely involve putting up with a bit of embarrassment–it could involve some risk and actual cost.  In any event  it would take a good while for us to convince the players that we had become serious.