Kalonzo-Kibaki deal and Kenya’s stolen 2007 election as explained by insider Joe Khamisi’s “Politics of Betrayal”

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.

As I wrote early this year:

If you have not yet read Joe Khamisi’s Kenya: Looters and Grabbers; 54 Years of Corruption and Plunder by the Elite, 1963-2017 (Jodey Pres 2018) you must. It sets the stage in the colonial era and proceeds from independence like a jackhammer through scandal, after scandal after scandal upon scandal.

Read a great review by Tom Odhiambo of the University of Nairobi in the Daily Nation here.

Both of these books, and Khamisi’s other works are available at Jodeybooks.com.

Nairobi’s Star publishes extraordinary story using SECRET 2009 Cable about Amos Wako corruption issues published by Wikileaks in 2010 to explain U.S. visa ban and designation

Read here from The Star: “What Ranneberger told Washington about Wako on corruption”.

Update Nov. 19, see the follow-up: “10 big names join Wako on US travel ban“.

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.]

See “Part Seven — one last FOIA Cable on the 2007 exit poll“:

. . . .

The quest for accountability to Kenyan voters has remained unanswered sadly.  A news story in the Daily 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.

Kenya election vote counting Westlands Nairobi

Kenya’s Moi hired Paul Manfort and Roger Stone’s firm to lobby the National Democratic Institute and others ahead of 1992 election

Back in the 2008 presidential campaign between John McCain and Barack Obama, Senator McCain got some criticism for using Charlie Black, previously of the Black, Manafort, Stone & Kelly firm as a campaign consultant in part because of the firm’s background in lobbying in Washington for various dictators like Moi and Mobutu of African nations and Marcos of the Philippines. More recently, the spotlight has shifted to Paul Manafort and Roger Stone from that storied firm who have been convicted recently of multiple felonies related to their service to Donald Trump’s 2016 campaign and in Manafort’s case also involving money laundering associated with more recent work for a Russian oligarch in Ukrainian politics.

Washington reporting that I saw during the 2008 campaign noting the Black, Manafort Stone & Kelly work for Moi had a significant oversight in accepting spin that the Moi relationship had concluded with the end of the Cold War and the beginning of active U.S. support for democratization in Africa, including the push on Moi to legalize non-KANU parties, which came to fruition in the December 1991 legalization of political opposition.

My guess is that reporters relied on an incomplete aggregator rather than going directly to the original Foreign Agent Registration Act filings (online at http://www.fara.gov). Regardless, the point is that Black, Manafort Stone & Kelly made a third filing for Kenya under Moi for March 1, 1992 to February 28, 1993 that covers Moi’s December 29, 1992 re-election. Along with the U.S. Executive and Legislative branches, Black Manafort Stone & Kelly were to lobby the IMF and World Bank and “public interest and activist groups such as the Black Caucus, Africa Watch, Environmentalists, National Democratic Institute, Civil Rights Lawyers, African-American Institute, Article 19 (journalists) and other activists and public interest groups.”

[Another discrepancy is that the summary list on the Justice Department website lists an incorrect name, a successor firm, for the Black, Manafort Stone & Kelly, Inc. filing for 1992-93.]

As I have written previously, see “My Joel Barkan Tribute“, US Ambassador Smith Hempstone, a George H.W. Bush political appointee, wrote in his memoir Rogue Ambassador that he had recommended to Moi that Kenya allow the National Democratic Institute (NDI) to observe that first post-independence multi-party election featuring FORD-Kenya (Jaramogi Oginga Odinga), Ford-Asili (Kenneth Matiba) and the Democratic Party (Mwai Kibaki) among others challenging Moi’s KANU. Moi vetoed NDI for the Election Observation Mission but went ahead to invite “sister organization” the International Republican Institute (IRI) for whom I served years later in 2007-08 as Resident Director for East Africa in Nairobi.

IRI and NDI are private District of Columbia not-for-profit corporations established originally at the Republican and Democratic National Committees, respectively. Along with two other special purpose democracy assistance not-for-profits associated with two other parents, the United States Chamber of Commerce and AFL-CIO (an affiation of labor unions), these four “core institutes” receive funding from the National Endowment for Democracy or NED, pursuant to 1983 legislation. NED receives direct funding from the United States Government and is also able to raise private donations, as are the four “core institutes”.

It never came to my attention one way or the other whether Black, Manafort, Stone & Kelly consulted Moi on the decision to reject NDI in favor of IRI or what Moi’s considerations might have been in taking that position. Nor of the State Department, USAID and/or others in the US Government and in IRI in going along.

Moi was re-elected according to the Electoral Commission of Kenya with approximately 36% of the vote.

The election was seen as badly flawed but nonetheless representing “the will of the people”. Presumably that would mean a recognition that within a year of opposition being legalized and with State resources deployed on behalf of Moi, a good 2/3 of Kenyans wanted to replace him, but without a runoff or a pre-election “deal” among the fledgling opposition parties Moi would be able to keep power and claim to have switched from a single-party authoritarian system to a “democratic mandate” without giving up power or persuading a majority of Kenyans that he deserved it.

After Bill Clinton defeated President George H.W. Bush and Ross Perot in the November 1992 elections, Bush launched Operation Restore Hope, landing Marines and Navy Special Forces on the beach in Somalia December 9 leading UNITAF, a new UN humanitarian mission to replace UNISOM I, the ultimate predecessor of the current AMISOM which began in 2007. See an early official postmortem on Operation Restore Hope from the United States Institute for Peace here.

In Kenya after 27 years the Moi family remains prominent in political and business matters in Kenya with the son of Moi’s original benefactor Jomo Kenyatta eventually succeeding Moi as president in 2013 after a 2003-2013 interregnum under Mwai Kibaki who was Moi’s Vice President for the first ten years of his presidency from 1978 to 1988.

Grateful that President Bush did not press President Kibaki to have to Government of Kenya investigate Senator Obama’s “birth certificate”

While I cannot prove the negative from personal knowledge, I think we can be assured that such a gambit–President George W. Bush leaning on Kenya’s President Kibaki using the leverage of American foreign assistance to Kenya to investigate Barack Obama as the potential Democratic nominee in the next US election–did not happen.  But absent some sense of “boundaries”, a recognition of a difference between the foreign relations of the United States and the conduct of personal affairs and partisan political campaigns, why not?

Birther John Corsi in Kenya to investigate Senator Obama

Author of “Obamanation” and “Where’s the Birth Certificate” Jerome Corsi in Kenya during my tenure at the International Republican Institute

See “My writing on my experience with the birth of “Birtherism” and Trump’s foreign policy.

Here is my piece from last year in The Elephant discussing the origins of Birtherism in the 2007-08 election campaigns in the United States and Kenya and their enduring legacy in American politics: “FROM BIRTHER TO MORE OF THE SAME: American foreign policy in the age of Trump and its impact on Kenya.”

See also American diplomatic perspective on Obama’s Kenya visit and a few personal thoughts.

Remembering Dr. Joyce Laboso and Jerry Okungu and Rift Valley Rural Women Empowerment

Kenya Rift Valley Rural Women Empowerment NetworkRift Valley Rural Women Empowerment Network – Jerry Okungu seated in front row, far right, Dr. Joyce Laboso standing in second row, in white ball cap, 2nd from right

Dr. Joyce Laboso, who died in July while serving as Governor of Kenya’s Bomet County, and Jerry Okungu, the late journalist, columnist, media consultant and publisher, were favorites from working with them through the International Republican Institute in 2007 before that years’ election. Sadly they have both been lost to cancer at much too early an age.

Jerry worked with us as a consultant doing media and communications training and I travelled with him to conduct multiday programs at Edgerton University in the Rift Valley and Garissa in then North Eastern Province. My next post will be a more involved tribute to Jerry who died in January 2014. In the meantime, see his obituary from Citizen TV. Jerry and I kept up in later years and I have always regretted that we missed getting together again in person as we had hoped.

During the months leading up to the 2007 election, we at the IRI East Africa office were on a relative shoestring. Our primary Kenya work was our National Endowment for Democracy country program which was focused on training women and minority members who aspired to run for parliament. So we latched onto the invitation to work with the UN-supported Rift Valley Rural Women Empowerment Network to provide training and encouragement. We engaged Jerry to provide media and communications training.

At the time, Dr. Laboso’s sister Lorna was running for parliament in Sotik and was nominated by ODM and elected. I got to spend time with Joyce who was especially helpful to me as a newcomer in understanding the “bad old days” (my term not hers) when she spent years as a student and graduate student in England, but at home could not safely even mention in public the name of the then-President. She also helped me understand a bit about “intra-Kalenjin” politics (she was Kipsigis). An ODM wave was coming in the Rift Valley that year and a number of women candidates were part of the perceived post-Moi “change”.

Sadly, Joyce’s entry into elective politics herself later in 2008 came about from two untimely deaths.

The first was on the morning of January 31, 2008 (during the post election violence). David Too of Ainimoi Constituency became the second ODM Member of Parliament to be shot dead since the election. Too was shot by a policeman who also shot and killed a policewoman Too was with in a car. During that time the strategy of Kibaki’s PNU during the post election violence period was to consolidate power by drawing away (or down) the ODM margin in Parliament that allowed the narrow election of ODM’s Kenneth Marende as Speaker (and Marende’s elevation cost ODM one seat). Kibaki had appointed third-place candidate ODM-Kenya’s Kalonzo Musyoka as Vice President (according to Joe Khamisi part of a pre-election deal he negotiated with Stanley Murage representing Kibaki), and KANU’s Uhuru Kenyatta as Minister of Local Affairs. Kenyatta and “Retired President” Moi had endorsed Kibaki by August and aligned KANU with Kibaki’s new PNU when it was formed in September, even though Uhuru remained “the leader of the Official Opposition”. (This sticks in my mind in part because I met with new Speaker Marende at his request that morning and the news of Too’s killing hit shortly before I arrived.)

(In October 2009, Judge David Maraga, elevated to Chief Justice of the Supreme Court in 2016, found the killer guilty of reduced charges of manslaughter in the killings of both the policewoman and MP Too. Maraga found the downgrade from murder to manslaughter warranted by the lack of intent indicated by “provocations” of both jealousy and self-defense.)

Unfortunately, on February 1, the day after Too’s killing and my meeting with Speaker Marende, I was told that IRI back in Washington had made the decision not to release the exit poll contradicting the presidential totals announced by the Electoral Commission of Kenya shortly before Kibaki’s swearing in on December 30 (per our agreement with USAID release of the results for this exit poll, the third in a series, was to involve consultations with the Nairobi mission that included diplomatic considerations, although there have been some claims that these did not occur for unexplained reasons.) Following that news I was constrained in my ability to interact freely with Kenyan politicians—and on Speaker Marende’s request that I meet with Kofi Annan to encourage the mediation process—since I was not willing to go along with telling anyone the exit poll was “invalid” per the “official line”.  I ended up going home in May when my temporary duty with IRI was up without initiating goodbyes to Joyce or most of the others that I might have.

Raila and Kibaki agreed to their “peace deal” for power sharing on February 28 and it held in spite of the lack of support from some leaders and on the back benches on Kibaki’s PNU side who still wanted to try to wrangle a working majority in parliament, engineer a vote of “no confidence” against the new Prime Minister and re-take full control of government.

Tragically, in June 2008, Joyce’s sister, the Hon. Lorna Laboso, along with her colleague Kipkalia Kones, in his fifth term from Bomet and serving as Roads Minister, were killed when their light plane from Nairobi crashed on a trip to campaign for the ODM candidate in the special election to replace David Too in Ainimoi Constituency. Lorna was remembered as a a pioneer of women in politics and for campaigning against the cultural practice of female genital mutilation among the Kipsigis . (Both she and Kones were mentioned for allegations of backing politically related violence in PEV period but of course there were never any legal proceedings; that part of the February 28 “peace deal” ultimately failed and we are left with the muddle of mass informal immunity among the living, and questions about others, for the mass violence.)

It was this sequence that led Joyce to step up as a candidate in the special election that September to fill Lorna’s Sotik seat. I sent condolences on her sister’s death and congratulations on her special election, and but we never interacted again so I am left with appreciating her as a pre-political leader and not knowing what she thought about the various twists and turns of her own career in politics, sadly cut short by cancer as too many others.

“Livondo Tosha”? Akasha Brothers sentencing memo has “interesting” discussion about Stanley Livondo, Kibaki/PNU candidate to unseat Raila in Langata in ill-fated 2007 election

“Livondo Tosha”/”Make Peace” in Kibera, early 2008:

Kenya Kibera Post Election Violence Livondo Tosha Keep Peace

From the U.S. Attorney’s Memorandum to the U.S. District Court for the sentencing hearing for Baktash and Ibrahim Akasha, filed back on July 25. (Yesterday Baktash was sentenced to twenty five years, and The Star published a downloadable copy of the Memorandum. ) At page 23:

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.

See my discussion here from my post of July 2011, “Lessons from 2007 and new FOIA cables–Part Two”:

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, the Standard newspaper 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.

To be continued .  .  .  .

For my entire series of posts from 2011-2012 see my page “The Story of the 2007 Election Through FOIA“. And my summary story in The Elephant: “The Debacle of 2007: How Kenyan Politics Was Frozen and an Election Stolen With U.S. Connivance“.

Langata Ballot Specimens showing Kibaki versus Odinga for President and Livondo versus Odinga for Member of Parliament:

If Kenya’s remaining IEBC Commissioners have committed to stick with the 2017 OT-Morpho (n/k/a IDEMIA) “Election Management System” they should explain why they sole sourced that firm in March 2017 and disclose the contracts

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.

“Africa is a Playground”—Former President Clinton flying around the continent with Jeffrey Epstein and Kevin Spacey for deep thinking on AIDS and “democratization” is not a great look (updated)

So the travels of Jeffrey Epstein in Africa with Bill Clinton have resurfaced as a passing reference in the news with Epstein’s new arrest on child sex trafficking charges dating to the early 2000s.

This is a nonpartisan blog; I was a Republican during Bill Clinton’s time in office and never voted for him, but I am not a member of either party now and I did vote for Hillary over Trump. I was not part of the “vast right wing conspiracy” going after the Clintons in the 1990s, although I knew people who were.

But here we are, confronted with the fact that shortly after leaving the presidency and a few years before my time working for IRI in East Africa, Bill Clinton as a recent ex-President is doing Clinton Foundation business as described in the title to this post.

At the time, Clinton explained:

Jeffrey Epstein: International Moneyman of Mystery,” New York, October 28, 2002:

“Jeffrey is both a highly successful financier and a committed philanthropist with a keen sense of global markets and an in-depth knowledge of twenty-first-century science,” Clinton says through a spokesman. “I especially appreciated his insights and generosity during the recent trip to Africa to work on democratization, empowering the poor, citizen service, and combating HIV/AIDS.”

I certainly recognize that the Clinton Foundation has been a “real” organization that raised a lot of money to fund bona fide charitable programs to help poor people in African countries and elsewhere (in a favorable comparison to Donald Trump’s foundation which seems to have been wholly insubstantial). Nonetheless, this type of judgment and conduct by the former President reeks of foolishly facilitating the exploitation of the real and perceived poverty of “Africa” as a prop to convey “virtue” in reference to the situation of the neediest and least empowered (assuming that Clinton knew nothing of the conduct of Epstein regarding child rape and sex trafficking of the young and economically vulnerable that was discovered in the FBI investigation in 2006 and leading to his original 2007 plea deal and the current New York trafficking prosecution, or Spacey’s conduct toward minors.)

Would Clinton have toured Appalachia or the Mississippi Delta or Hope, Arkansas with Epstein and Spacey?

So what were Epstein’s great ideas for “democratization”? I have not found any explanation. From outside this looks like the very antithesis of democratization, at least as I had in mind in moving to Kenya to join others to do work in that field.

There are so many examples of half-baked, self-serving notions from presumably bored or restless rich people from elsewhere using Africa as a malleable stage. In many cases the intentions are “good” if non-serious or even frivolous, but certainly not always.

An interesting tidbit is the question of why Epstein’s alleged leaked address book (published by the Gawker website) from those early 2000s (as allegedly obtained by the FBI years after his 2008 plea bargain from a former Epstein employee who withheld the evidence during the prosecution and tried to sell it later) had a subheading for Kenya, listing the Muthaiga Club of Nairobi? Did he visit? (The Clinton Foundation does have substantial programming in Kenya which former President Clinton and his other family members have visited subsequently, so it is natural to wonder whether the address book entry could relate to one of the two trips which President Clinton has said Epstein flew him on to Africa. It may be completely unrelated.) I have not had the occasion to visit the Muthaiga Club myself in doing democracy work, and in this century I am well aware that it is not the Happy Valley jumping off spot it started out as in the “Roaring Twenties”. Nonetheless, the imagery is unfortunate.

UPDATE: For a reality check about how little Epstein really had to offer in terms of any genuine scientific or medical credentials and how little of his money he really delivered behind his self-aggrandizing and manipulated reputation as a “philanthropist”, read this investigative report from Jodi Kantor, Mike McIntire and Vanessa Friedman in The New York Times: “Jeffrey Epstein was a sex offender. The powerful welcomed him anyway.”

UPDATE 2: In terms of the general subject matter, here is a recent post from USAID’s Impact Blog: “How USAID is working to prevent sexual misconduct and exploitation“.

USAID Administrator Mark Green and Advisor to the President Ivanka Trump Deliver Remarks on the Women’s Global Development and Prosperity (W-GDP) Initiative | USAID Media Advisory

On Wednesday, July 10, Administrator Mark Green of the U.S. Agency for International Development (USAID) and Ivanka Trump, Advisor to the President, will participate in a discussion co-hosted by USAID and the U.S. Global Leadership Coalition (USGLC). Administrator Green and Advisor Trump will highlight new partnerships and activities of the Women’s Global Development and
— Read on www.usaid.gov/news-information/press-releases/jul-8-2019-usaid-administrator-mark-green-and-advisor-president-ivanka-trump

See Labor Secretary Alex Acosta’s announcement of the program here.

WASHINGTON, DC

“The Trump administration continues to empower women economically with the launch of the Women’s Global Development and Prosperity initiative.

“This initiative aims to benefit 50 million women from 2017 to 2025 through economic empowerment efforts and motivates private sector actors – both abroad and at home – to emphasize the critical role women play in creating prosperity. Economic empowerment of women has a significant effect on global growth as women invest in stable societies and promote a world free of child labor and forced labor.

“The U.S. Department of Labor supports the W-GDP initiative through its efforts to promote the development of in-demand skills among women in the workforce, the identification of entrepreneurship opportunities, and the creation of an empowering environment for working women to flourish in the global economy.

“The Department of Labor works every day to ensure a fair global playing field for workers in the U.S. and around the world by enforcing trade commitments and strengthening labor standards.

“As part of this work, the Department of Labor seeks to ensure that the workplace rights of women are enforced – through policy engagement in both bilateral and multilateral contexts, and through negotiations and enforcement of labor protections under U.S. trade agreements that promote women’s empowerment as workers and as entrepreneurs.”

Agency

Office of the Secretary

Date

February 7, 2019

Release Number

19-252-NAT

Contact: Megan Sweeney

Phone Number

So how is United States global leadership on child sex trafficking? Impartial administration of justice?

A U.S. war with Iran would be a big set back for longterm American interests and values in Africa as well as elsewhere

1. The basic rationale would be a version of the thinking in the run-up to the invasion of Iraq in 2001-03: sanctions do not work forever, we have been in a low grade conflict mode for years against an intransigent regime that is not going to change its mind about willingness to use terror, a desire to threaten regional interests and aspirations for extended regional influence and a refusal to loosen domestic repression to allow any opportunity for “organic normalization”. Ultimately proliferation happens and the regime will get nuclear weapons in addition to the other WMDs it has had/is developing. At the same time, the repression assures a domestic mass constituency for liberalization.

2. In my perch in the defense industry in 2003 (working on Navy shipbuilding on the Gulf Coast) I was unpersuaded personally that the Bush Administration had made its case for the Iraq invasion. It seemed to me that we did not know enough about the situation to know what would happen next after we invaded, especially in the context of the Sunni/Shiite and other divisions within the country. It seemed too risky, too much of a “Hail Mary” so to speak, given what was argued by the Administration’s public diplomacy such as the Colin Powell speech at the UN and domestic speeches in the US, Congressional debates and such about the alleged threat.

3. At that time I was a lifelong Republican, and was by reputation somewhat connected in the Party, although I was not active in partisan politics while I was a lawyer in the shipyard (starting in 2000) because it seemed unrealistic to participate as a citizen “free agent” while being a lawyer with the dominant local industry as opposed to my previous work as a student and lawyer in private practice. I had voted for George W. Bush as the Republican nominee in 2000 although he was not a top choice for the nomination because I thought he was thin on experience and got the top of the field through preemptive fundraising clout rather than comparative merit. Ironically I had been reassured about Bush’s limited experience by Cheney’s performance in the campaign, even though I was unenthused about having essentially an all-Dallas ticket and Cheney’s role in asserting himself as running mate. I did not have an understanding of how contradictory Cheney’s own views were from the messages Bush presented in the campaign. All this is to say that I was not going to automatically support a war because Bush was proposing it–the most salient reason in Washington–but I should have been highly susceptible to being persuaded and they did not succeed in persuading me.

4. I will also note that there were countervailing influences over a period of time. Several years before the start of Fox News I got married and became active again in church having drifted during school years and then we had our first child. Even during the Bill Clinton/Ken Starr years I probably spent more time in church than with cable television, a major fork in the road and ultimately countercultural. The al Qaeda USS Cole bombing hit shortly after I started in shipbuilding and the Cole was brought to our yard for the repair/reconstruction so I was very aware of al Qaeda before being in Washington on business on 9-11. Then I went home and carried on. Yes, things had “changed” but the basic issues, challenges and choices remained.

5. As an orthodox non-fundamentalist Protestant who was not a daily consumer of Fox News, I did not feel a call to cast aside my formative moral orientation of restraint for peace and embrace some new doctrine of “pre-emptive war”.

6. Nonetheless, in the run up to Iraq I continued to read and study and learn but did not actually do anything to act on my lack of persuasion that we should invade.

7. While I was not in a position of influence, ultimately I have concluded that we went to war because hundreds or thousands of people in or around Washington who did know or should have known better went along with it anyway. And in doing so we made collectively as a country a most consequential foreign policy mistake and a moral misjudgment.

8. So now today I want to warn that going to war with Iran as a preemptive policy choice rather than a bona fide necessity would gravely set back our recovery from the 2003 miscalculation in Iraq and jeopardize the hopes of Iraqis for a better future. It would potentially arrogate to ourselves a role and responsibility in Iran that we simply are not prepared for, morally or otherwise. It would potentially kill who knows how many people not given a choice in the matter. And it would sap hope of standing up to outside counter-democratic forces (Saudi Arabia and the UAE, Egypt, Russia and China) in the immediate Sudan crisis which presents an important positive longterm opportunity for us to be who we say we want to be. It would have related impact in Somalia and throughout the Horn of Africa and to an unpredictable extent well beyond on the Continent. We already lack adequate diplomatic bandwidth to do as much as what we could with our “Prosper Africa” policy and are notionally planning military drawdowns even though AFRICOM has seen substantial degradation in overall security versus Islamist terrorist groups during its ten year existence. AFRICOM has yet to become the “different type of combatant command” that it was planned to be in substantial part because of the inevitable institutional inertia associated with a “permanent war” footing in the Middle East and South Asia. Likewise war with Iran could increase Iranian-supported terrorist activity in East and West Africa. And we all know that Donald Trump does not have the experience or moral gravitas to take these decisions.