Ambassador Godec, as Acting Assistant Secretary of State, should articulate U.S. policy for Kenya’s election

Kenya 2013 election IRI Electoral Commission voter education posterAmbassador Robert Godec has served as the Biden Administration’s Acting Assistant Secretary of State since the inauguration.

Ambassador Godec served in Kenya from August 2012, as Chargé d’Affaires following Amb. Scott Gration’s ouster, becoming the Ambassador in January 2013 after November 2012 confirmation hearings ahead of Kenya’s March 2013 election.

Godec thus led U.S. engagement with both the later stages of the 2013 election and the ensuing litigation (both the presidential election petition at the Supreme Court and the on-going attempt to prosecute IEBC technology procurement fraud), the formation of the Jubilee Party in 2016, the eventual replacement of the Issack Hassan-led IEBC following protests in which opposition supporters were killed, the attacks on the USAID-funded International Foundation for Election Systems (IFES) by the Jubilee Party and President Kenyatta and Cabinet members, the change of U.S. Administrations from Obama to Trump, the acquisition of the Kenya Integrated Election Management System (KIEMS) from Safran Morpho (n/k/a Idemia), the abduction and murder of IEBC acting ICT Director Chris Msando on the eve of the 2017 vote, the general election and the successful Supreme Court petition annulling the presidential portion of the vote, the boycotted re-run, the announcement of the “Big 4 Agenda” and the post-election diplomatic negotiations, the “People’s President” swearing in, the “Handshake” and most of first year of the Building Bridges Initiative.

For the status of things in December 2018 as Ambassador Godec’s replacement, Ambassador McCarter was being confirmed see: “Something afoot in Kenya: Nation newspaper is running investigative reporting on IEBC procurement corruption in 2017“.

So at this point, Ambassador Godec is a seasoned veteran of Kenya’s post-2007 politics who knows the ground intimately from the last two election cycles.  (His prospective “permanent” replacement, Mary Catherine Phee, was nominated in April and got a favorable vote by the Senate Foreign Relations Committee this summer, but a confirmation vote by the full Senate is blocked along with dozens of other nominees.)

I was asked a few months ago to write an article about U.S. support for the BBI process, but I have been unable to do so because it is not clear to me what our policy has been or is now, and I have not found people involved willing to talk to me.  Given my role in telling the story of what went wrong in 2007 when I was involved myself it is no surprise that I might not be the one that people in Washington want to open up to now, but even people that I am used to talking to privately have not been as forthcoming as usual.  Nonetheless, Kenyans inevitably have questions, and those Americans who care may in the future.

Members of the Kenyan Diaspora Alliance-USA have announced that they have sent Freedom of Information Requests to USAID and some Kenyans on social media and in a few cases in print have asserted suspicions or accusations that the U.S. Government was intending to back “unconstitutional constitutional amendments” in the form of the BBI referendum for some negative purpose.  Looking at the degree to which the Obama Administration backed the passage of the new 2010 Constitution as the terminal event of the post-2007 “Reform Agenda”–to the point of having millions of dollars bleed over from neutral democracy assistance programing into supporting the “Yes” campaign in the 2010 referendum during Ambassador Ranneberger’s tenure–I am having a bit of difficulty understanding why my representatives in Washington would be working in general terms to undermine the new Constitution we helped midwife in the first place.  At the same time it has openly been our policy under Ambassador Godec originally and then his predecessor Ambassador McCarter to support the Building Bridges Initiative and we did provide some USAID funding for the conducting the consultative process itself.  I think it would be in the interests of the United States and of Kenyans for the State Department to get out front of the questions now, with the BBI referendum effort rejected both at trial court level and on appeal, and with the Kenyan presidential race that has been going on since the Handshake entering into its later stages.

We remain Kenya’s largest donor, we have many relationships and support many assistance programs of all sorts in Kenya.  Most Kenyans remain in need, and we continue to have the same issues regarding terrorism as during the past 25 years (most especially since the 1998 embassy bombing). In general the geographic neighborhood is experiencing more specific crises and some overall erosion of peace, prosperity and governance.  While we may not be as influential in Kenya as we were prior to 2007, and anyone with money can play in Kenyan politics, we will be engaged and we will have influence in 2022.  So there is no time like the present to articulate what our policy is for the coming year.

Here is my take from December 2019: “Important Kenya BBI reads, and my comments“.

And from January 2020: “How will the Trump Administration’s support for the Uhuru-Raila handshake play out in 2020?