The Politics of Betrayal; Diary of a Kenyan Legislator by former journalist and MP Joe Khamisi was published early in 2011 and made a big stir in Nairobi with portions being serialized in The Nation. Khamisi is definitely not your average politician in that he got a journalism degree from the University of Maryland, worked for years as a journalist, and became managing director of the Kenya Broadcasting Corporation and worked in the foreign service before being elected to parliament from Bahari on the Coast in 2002.
Khamisi was part of the LDP, the Liberal Democratic Party, and in 2007 became an ODM-K insider with Kalonzo. While there is inherent subjectivity in a political memoir from one particular actor, Khamisi’s background in journalism serves him well. While I cannot vouch for his accounts of specific incidents that I do not have any direct knowledge of, and I do not necessarily agree with his perspective on some things and people, he seems to try to be fair and there is much that he writes that rings true to me from my own interactions and observations in the 2007 campaign.
From his chapter on “The Final Moments” of the 2007 race, at page 223:
It needs to be said at this point that Kalonzo’s appointment as Vice President was neither an afterthought by Kibaki, nor a patriotic move by Kalonzo to save the country from chaos. It was not a miracle either. It was a deliberate, calculated, and planned affair meant to stop the ODM from winning the presidency. It was conceived, discussed and sealed more than two months before the elections. It was purely a strategic political move; a sort of pre-election pact between two major political players. It was a survival technique meant to save Kibaki and Kalonzo from possible humiliation.
In our secret discussions with Kibaki, we did not go beyond the issue of the Vice Presidency and the need for an alliance between ODM-Kenya and PNU. We, for example, did not discuss the elections themselves; the mechanisms to be used to stop Raila; nor did we discuss whether part of that mechanism was to be the manipulation of the elections. It appeared though that PNU insiders had a far wider plan, and the plan, whatever it was, was executed with the full connivance of the ECK . What happened at the KICC tallying centre–even without thinking about who won or lost–lack transparency and appeared to be a serious case of collusion involving the ECK and officials at the highest levels of government. It was not a coincidence that the lights went off at the very crucial moment when the results were about to be announced; nor was it necessary for the para-military units to intervene in what was purely an administrative matter. The entire performance of ECK Chairman Kivuitu and some of the Commissioners was also suspect and without doubt contributed to the violence that followed.
One of Kenya’s business tycoons has recently written an autobiography in which he tells of heroically returning early from a family vacation when he hears of the outbreak of post election violence and then hosting a dinner getting Kibaki and Kalonzo together leading to Kalonzo’s appointment as Vice President along with rest of Kibaki’s unilateral cabinet appointments in early January 2008 during the early stages of the violent post-election standoff. That version of the story does not make a lot of sense to me relative to what Joe Khamisi as an insider wrote and published back in 2011, years closer to the fateful events.
When Wikileaks first published the mass of stolen State Department cables in late 2010 while Michael Ranneberger was Ambassador to Kenya The Star to my recollection did not write any stories from them–including about this 2009 cable, classified SECRET, on the Amos Wako issues. Of course it was more timely then and Wako was still serving as Attorney General.
The Star and The Standard both stayed away from direct coverage of material from the leaked cables, while The Nation did a small number of Kenya stories–not including this Wako subject matter–before quickly backing off.
The most topical of those for me back in 2011 was a Nation story revealing that in early 2008 the US had issued undisclosed (and unknown to me) visa bans against three members of the Electoral Commission of Kenya based on substantial evidence of bribery. The State Department has never to this day acknowledged knowing about the bribery at the ECK in the 2007 election and the publication of such stories in the Nation quickly dried up. (I was told of ECK bribery by another diplomatic source in January 2008.)
Back in the States in my job in the defense industry (with my security clearance) I was told by a friend in the Kenyan media that I had been “sweetly vindicated” on my public contradictions with the Ambassador in the New York Times and otherwise about the 2007 election but the “Wikileaked” cables were not available to me due to the obligations of my security clearance. Readers of this blog will know that I started the process of requesting related information through the Freedom of Information Act in 2009, more than a year before Wikileaks hit, and that I have received released versions of some of the same Cables that Wikileaks published unredacted.
I learned in real time that Ranneberger expressed active displeasure with The Star for publishing a story in February 2008 on the leaked USAID/International Republican Institute exit poll showing an opposition (Odinga) win in the December 2007 election, so I always assumed that it was likely that the Kenyan newspapers received diplomatic encouragement not to publish independently from the stolen cables.
Clearly the Trump Administration has had quite a very different approach with Wikileaks than the Obama Administration did back in 2010 and Ranneberger is now retired from Government himself and working as a consultant and lobbyist looking, among other things, to influence the Trump Administration. So lots of things have changed aside from Wako moving to the Senate from the Attorney General’s office and having a leading role in the current Building Bridges Initiative.
[I will add links to my previous posts, but wanted to go ahead and get this up.]
The quest for accountability to Kenyan voters has remained unanswered sadly. A news story in theDaily Nation in 2011, in the final item on my chronology of links to coverage of the Kenyan election, reports from an alleged leaked cable that ten days before this February 18, 2008 meeting at the Ambassador’s residence, the State Department issued “visa bans” against ECK members based on evidence regarding bribery–but did not disclose this circumstance, or the evidence, at this [Feb 18] meeting (I checked with a participant). We, the United States, made clear that we were willing to step up financial and rhetorical support for reforms in Kenya–such as the new constitution–under a deal in which the new Kibaki administration shared power with the opposition under an Kofi Annan-brokered bargain–but we brushed aside the issue of the fraud in the election.
Recent news finds the successful Goldenburg scam architect Kamlish Pattni obtaining a court judgement for additional funds from the Government relating to incompetent prosecution endeavors against him. Also we read this week that more than Switzerland has been holding frozen funds related to the Anglo Leasing scandal which have not
In early 2008, according to a Daily Nation report said to be from Wikileaks, the US banned three Kenyan member of the Electoral Commission of Kenya based on evidence of bribery, but the US has never made any type of disclosure of that action or the underlying Election Commission bribery issue although I was told separately of ECK bribery by non-US diplomatic sources in the course of my work for the International Republican Institute during the Post Election Violence.
October 11, 2019 (Washington D.C.) — Today, the United States placed sanctions on Ashraf Seed Ahmed Hussein Ali, widely known as Al-Cardinal, a tycoon with ties to the U.S., UK, and UAE.
Today’s action by the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) target Al-Cardinal and his network of businesses, and come in the wake of two recent investigative reports by The Sentry “The Taking of South Sudan” and “Al-Cardinal: South Sudan’s Original Oligarch,” that detailed the business activities of Al-Cardinal, among others, and urged governments to sanction him and his networks.
. . . .
Joshua White, Director of Policy and Analysis at The Sentry, said: “The Sentry applauds today’s action by the Department of the Treasury, which should serve as a warning to the financial facilitators and commercial enablers of corrupt South Sudanese elites that they will lose access to the dollar unless they cease doing business that funds violence in the country. The United Kingdom and other European countries, as well as those in the region, should follow suit . . .
. . . .
The Sentry’s investigation found that Al-Cardinal has exploited opaque procurement processes, weak oversight institutions, and cozy relationships with South Sudan’s most powerful politicians to line his own pockets.
“A major enabler of corruption and violence for President Salva Kiir’s government,” according to the The Sentry’s reporting, Al-Cardinal has been embroiled in major procurement scandals, set up private businesses with ruthless military generals, imported military equipment during a bloody civil war and landed lucrative contracts linked to the implementation of the peace deal in South Sudan.
The United States on Friday imposed sanctions on two South Sudanese businessmen, Ashraf Seed Ahmed Al-Cardinal and Kur Ajing Ater, for their involvement in bribery, kickbacks and procurement fraud with senior government officials, the Treasury Department said on Friday.
After the U.S. Treasury Department imposed sanctions on Benjamin Bol Mel, a key adviser to the South Sudanese president, in 2017, Mel used an account in the name of the companies of Al-Cardinal to evade sanctions and store personal funds, the Treasury Department said in a statement.
In early 2019, the South Sudanese government paid millions of dollars to a company owned by Al-Cardinal ostensibly for food, but that in fact was routed to senior South Sudanese government officials, the Treasury Department said. . . .
On October 2, Assistant Secretary Tibor Nagy, the top U.S. diplomat assigned to Africa, conducted a post-UN General Assembly telephonic press briefing and availability for journalists in various Embassies on the continent. Read the full transcript here.
There were a striking number of questions about Sudan and South Sudan, but I thought this was most pertinent:
QUESTION:Okay, I can talk? All right, my name is Emmanuel from Eye Radio in Juba. I believe Mr. Tibor, you have come across the recent report that was released recently by The Sentry about implicating some South Sudanese top government officials and actually come out with recommendations to the U.S. government, so what is your current recommendations?
ASST. SEC. TIBOR NAGY:Thanks very much for raising that. Because I know the people involved in The Sentry very well. As a matter of fact, one of the key people John Prendergast, I have known and respected for a very long time. Our Department of State, U.S. government, we welcome the Sentry’s efforts to bring light to corrupt practices in South Sudan. We know for a long time that there’s been quite a relationship between corruption and conflict, unfortunately. Innocent people have suffered. The United States will very carefully review the material presented and the recommendations in The Sentry report and as you all know, the United States of America maintains the right to use all of the tools available whether diplomatic or whether financial or anything else to respond.
Right now there are allegations, they’re very serious allegations but they do require some careful analysis, evaluation and investigation. Thank you very much, over and out.
So before the “over and out” Asst. Sec. Nagy does commit the US to “very carefully review the material presented and the recommendations” but it is a bit ambiguous as to whether he is committing the US to the next step of “investigation” that he says is “required” since he characterizes the report’s findings as “allegations”.
My gut reaction is to think of Asst. Sec. Nagy as someone who would like us to conduct ourselves well when it comes to underwriting the type of conduct outlined in The Sentry report (although I don’t know him at all nor was I familiar before he was tapped for this job from retirement). At the same time, you don’t make a life as a diplomat without learning to carefully say very little and make it sound like it is more for those who want something enough to hear it. So, how quickly will we do our review/analysis/evaluation? What will we do next? How quickly will we investigate? Will we send the FBI? Career Justice Department prosectors? Alternatively, the Attorney General?
D. The Akashas’ Armed Confrontation with Stanley Livondo
Tensions escalated in the weeks after Ibrahim kidnapped Armstrong. Baktash began to receive threatening calls and text messages from a local politician associated with Armstrong— Stanley Livondo. Soon after, Livondo confronted Baktash at a shopping mall, and the two began to fight. Ibrahim intervened, drew his gun, and threatened to kill Livondo. The sight of Ibrahim’s gun caused panic in the shopping mall, and so Baktash, Ibrahim, Goswami, and Baktash’s bodyguard quickly fled. Before heading to the police station to ensure—with bribes—that there was no fallout from the incident, Baktash, Ibrahim, and Baktash’s bodyguard stashed their guns with Goswami. They retrieved the weapons later that day.
Armstrong as described in the Memorandum manufactured drugs in Congo and elsewhere and brought them into Kenya. He got into a relationship with the Akashas in this context from which he wanted out, leading to his kidnapping as discussed, and the threats to Baktash Akasha from Stanley Livondo.
Livondo was the candidate of Kibaki’s PNU in the December 2007 elections in Raila Odinga’s Langata Constituency who Amb. Ranneberger told me on December 15, 2007 “people were saying” might unseat Raila, which would disqualify Odinga for the presidency even if he beat Kibaki nationally in the presidential race.
So on Saturday afternoon, December 15, 2007, I drove to the embassy residence in Muthaiga and was served tea. . .
. . . .
Ranneberger did let me know that he knew what Bellamy [his predecessor as U.S. Ambassador, Mark Bellamy] had been told as to why he had been dropped from the [International Republican Institute election observation] delegation. In other words, he was letting me know, without taking responsibility for the situation himself, that he knew that “we” at IRI had lied to Bellamy. This may not have put us in the best position to hold the “no more b.s.” line with Ranneberger going forward. He didn’t say how he knew about the “story line” to Bellamy and I have no idea myself. IRI was in a difficult situation not of our making on the Bellamy situation–would we cancel the Election Observation (as the only international NGO scheduled to observe, and raise lots of questions we couldn’t very well answer) or let the Ambassador interfere with the delegation? Regardless, once the directive from the top was given to lie to Bellamy about why he was off the list, IRI no longer had completely clean hands.
There are a variety of things from the more substantive part of the discussion that leave open questions in my mind now after what ultimately happened with the ECK and the election. One in particular that stands out now in light of the FOIA disclosure.
The Ambassador told me that Saturday that “people are saying” that Raila Odinga, as the leading opposition candidate for president, ahead in the polls as the vote was nearing, might lose his own Langata parliamentary constituency (which under the existing system would disqualify him from becoming president even if he got the most votes nationally). This was “out of the blue” for me because I certainly was not aware of anyone who thought that. Odinga’s PNU opponent Stanley Livando had made a big splash and spent substantial money when he first announced, but he had not seemed to get obvious traction in the race. Naturally, I wondered who the “people” Ranneberger was referring to were. Ranneberger said that a Raila loss in Langata would be “explosive” and that he wanted to take Ms. Newman with him to observe voting there on election day.
Ranneberger also went on to say that he wanted to take Ms. Newman [lobbyist and former Asst. Sec. of State Constance Berry Newman, IRI’s lead delegate for our International Election Observation Mission at Ranneberger’s impetus, and his “great friend and mentor” and now lobbying associate at the firm Gainful Solutions] separately to meet with Kibaki’s State House advisor Stanley Murage on the day before the [Dec. 27] election with no explanation offered as to why.
After midnight Nairobi time I had a telephone call with the Africa director and the vice presidents in charge at IRI in Washington in the president’s absence. I was given the option to “pull the plug” on the observation mission based on the concerns about Ranneberger’s approach following my meeting with him. The Ambassador, rather than either IRI or USAID, had initiated the observation mission in the first place, and IRI was heavily occupied with other observations. Nonetheless, based on assurances that Ms. Newman would be fully briefed on our agreement that she needed to steer clear of separate interaction with the Ambassador and that the Murage meeting must not happen, and my belief that it would be an “incident” in its own right to cancel the observation, we agreed to go forward with precautions.
I got the idea of commissioning a separate last-minute poll of the Langata parliamentary race. I thought that the notion that Livondo might beat Raila in Langata seemed far fetched, but objective data from before the vote could prove important. We hired the Steadman polling firm for this job, to spread the work. Also Strategic was already heavily occupied with preparing for the exit poll, and Steadman was the firm that Ranneberger had instructed his staff to call (too late as it happened) to quash the release of poll results that he knew would show Raila leading back in October, so I thought that it was that much more likely that word would get back. Further, in the partisan sniping which I generally did not credit, Steadman was claimed by some in opposition to be more aligned with Kibaki so would be extra-credible to verify this race. I also made sure that we scheduled an “oversample” for Langata for the national exit poll so that we would have a statistically valid measure of the actual election day results in the parliamentary race.
On to the new FOIA release: On Tuesday, December 18, Ranneberger sent another cable to the Secretary of State entitled “Kenya Elections: State of Play on Election”. This cable says nothing about the “explosive” Langata parliamentary race issue that Ranneberger had raised with me on Saturday, three days earlier. It concludes: “Given the closeness of the election contest, the perceived legitimacy of the election outcome could determine whether the losing side accepts the results with minimal disturbances. Our staff’s commendable response to the call for volunteers over the Christmas holiday allows us to deploy teams to all sections of the country, providing a representative view of the vote as a whole. In addition, our decision to host the joint observation control room will provide much greater access to real-time information; allowing a more comprehensive analysis of the election process.”
Next, we have a cable from Christmas Eve, December 24, three days before the election. The first thing that morning the IRI observation delegates were briefed on the election by a key Ranneberger aide. I told him then that we had commissioned the separate Langata poll. He said that the Ambassador would be very interested, and I agreed to bring results with me to the embassy residence that evening when the Ambassador hosted a reception for the delegation. The results showed Odinga winning by more than two-to-one.
There are a number of noteworthy items that I will discuss later from this cable, but for today, let me note that Ranneberger has added in this cable a discussion of the Langata race:
“11. We have credible reports that some within the Kibaki camp could be trying to orchestrate a defeat of Odinga in his constituency of Langata, which includes the huge slum of Kibera. This could involve some combination of causing disorder in order to disenfranchise some of his supporters and/or bringing in double-registered Kikuyu supporters of the PNU’s candidate from outside. To be elected President a candidate must fulfill three conditions: have a plurality of the popular vote; have at least 25 percent in 5 of the 8 provinces; and be an elected member of Parliament. Thus, defeat of Odinga in his constituency is a tempting silver bullet. The Ambassador, as well as the UK and German Ambassadors, will observe in the Langata constituency. If Odinga were to lose Langata, Kibaki would become President if he has the next highest vote total and 25 percent in 5 provinces (both candidates will likely meet the 25 percent rule).
12. The outside chance that widespread fraud in the election process could force us to call into question the result would be enormously damaging to U.S. interests. We hold Kenya up as a democratic model not only for the continent, but for the developing world, and we have a vast partnership with this country on key issues ranging from efforts against HIV/AIDS, to collaboration on Somalia and Sudan, to priority anti-terrorism activities.
. . .
14. As long as the electoral process is credible, the U.S.-Kenyan partnership will continue to grow and serve mutual interests regardless of who is elected. While Kibaki has a proven track record with us, Odinga is also a friend of the U.S. . . .
15. It is likely that the winner will schedule a quick inauguration (consistent with past practice) to bless the result and, potentially, to forestall any serious challenge to the results. There is no credible mechanism to challenge the results, hence likely recourse to the streets if the result is questionable. The courts are both inefficient and corrupt. Pronouncements by the Chairman of the Electoral Commission and observers, particularly from the U.S., will therefore have be [sic] crucial in helping shape the judgment of the Kenyan people. With an 87% approval rating in Kenya, our statements are closely watched and respected. I feel that we are well -prepared to meet this large responsibility and, in the process, to advance U.S. interests.” END
None of this material was mentioned in the briefing to the observation delegation or to me that day. Long after the election, theStandardnewspaper reported that the original plan of the Kibaki camp had been to rig the Langata parliamentary race, but at the last minute a switch was made to change the votes at the central tally, supposedly on the basis of the strength of early returns for Odinga in Western and Rift Valley provinces.
At a briefing hosted this week by Kenya’s permanent internal election observation organization, ELOG, a Commissioner representing the IEBC indicated that the intention for the 2022 election was to reuse the KIEMS (“Kenya Integrated Election Management System”) system that was at the heart of the problems leading to the Supreme Court’s annulment of Kenya’s last presidential election.
Without scratching the surface into the deeper intrigues involving the re-election Of President Kenyatta and the technology involved, such as the pre-election abduction, torture and murder of acting ICT Director Chris Msando, or deported campaign consultants and police raids on data centres– not stuff for civil society seminars in Kenya–it would surely be the least Chairman Chebukati could do to explain why he and the Commission chose OT-Morpho/IDEMIA for the job in March 2013 in the first place.
Especially given that Kenya’s Parliament voted to debar IDEMIA and that Oberthur Technologies (OT) is subject to a world Bank debarment for bribery. Not to mention the firm’s strange role as a sole sourced substitute provider of problematic technology in 2013, when the Government of Canada stepped in to loan funds to the Government of Kenya to buy Biometric Voter Registration Kits after the supposedly independent IEBC had decided to go with a manual system instead. (According to what I’ve learned so far from a 2015 Freedom of Information Act request, IFES which was funded by USAID to assist the IEBC, reported back to USAID that the inability or unwillingness of the IEBC to resist this pressure from the Government to reverse its decision on the BVR system was a major setback in preparations for that election that reverberated through the failures with poll books and the Results Transmission in months ahead).
If the reasons for selecting OT-Morpho are to remain shrouded, the contracts themselves are public records and should be published. For some reason they do not appear to have been tabled in the 2017 Supreme Court cases about the presidential election–I am sure that was just an oversight and it is easily rectified now for the upcoming vote.
The #SwitchOffKPLC march in Nairobi against alleged abusive and corrupt practices toward consumers by KPLC, Kenya Power and Light Company, a partly privatized monopoly, was hit by tear gas from police.
Who has the teargas tender for the Kenya Police Service? In times of violence and times of peace, the Kenyan police are always there to teargas someone on behalf of some interest or another with access to the Kenyan State House.
Tear gas is not just for use against peaceful and lawful protests, like the #SwitchOffKPLC march today, but also celebrations that run afoul of State House sensibilities for some reason or another, as I so indelibly remember from February 28, 2008 when Kibaki and Raila signed the “peace deal” to end the challenges to Kibaki’s second term (in return for various commitments that were partially implemented over the years) and citizens celebrating the end of the Post Election Violence were gassed in what seems now like the a profoundly symbolic act. But today was more typical: citizens organize to call attention to public corruption issues, announce a march and notice the authorities as required, asking for security, Instead of being provided security by the Kenya Police Service, they get tear gassed.
I wrote about a parliamentary discussion touching on the question of whether the private shareholders of the partially privatized monopoly KPLC were helping themselves to free services from the taxpayers back in 2010. The latest scandals seem to go most especially to more direct forms of consumer ripoffs, but you can see the environment from the discussion:
Eng. M.M. Mahamud: Mr. Speaker, Sir, the largest seven shareholders of KPLC are the Kenya Government, which is represented by the Treasury; Barclays Bank of Kenya through various nominees accounts, the NSSF Board of Trustees, Stanbic nominees, the Kenya Commercial Bank, Jubilee Insurance and the NIC Services. As regards Transcentury, according to the books of accounts this year, the annual report of the financial statement for the year ended 30th June, 2009; it is listed as number 16 shareholder with 4.69 per cent. The highest share percentage is Kenya Government by 40.421 followed by Barclays Bank by 12.81 per cent and 23 per cent for other shareholders not listed in the accounts. But according to the report that I have here, Transcentury only owns 4.69 per cent. I do not know about the other questions that Dr. Khalwale is talking about.
I will endeavor to learn more about the current KPLC shareholding structure, but last year it was reported that “Mama Ngina” Kenyatta had come into a few million shares (just over 1/1000 of the total).
According to the KPLC website, the Government of Kenya now owns 50.1, up from the 40.421 as of June 2009 testified to in Parliament in 2010.