“Preliminary Findings” released by Kenyan civil society coalition on election

Following the unlawful raid on AfriCOG in Nairobi yesterday, today the Kura Yangu Sauti Yangu election monitoring program which has been engaged since long before any of the International Election Observation Missions were constituted, released its Preliminary Findings.

Please read for yourself (especially if you have commented publicly so far on Kenya’s election).

A thought about the International Crisis Group statement headined “Kenyans should come together” . . .

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Kenya election banner Kibaki Nakuru 2007

Yes, of course, they “should”.  As we Americans should also, for instance.  How is another question entirely.  Anyone who wants to “help” Kenyans should engage with them and see what they want and need toward that far off goal.

Needless to say, politics and these elections have not historically been involved in bringing Kenyans “together”.  Quite the opposite in fact.

“Shocking” news again from Kenya:  the more things don’t change the more they stay the same.  This election time is quite different than 2007 or 2013 in many ways and not in others.

In regard to post election mechanics (analog and digital), these change a lot each election.  Not as much as the law requires perhaps, but significantly.The process of voting by paper ballot, counting the paper ballots by hand and recording the vote by hand on paper on Form 34A and posting it on the door (or in some cases deciding not to) is fixed and well established, 2007, 2013, 2017.  Kenyans have and do “come together” over this process.  They always do it peacefully.

Not sure why people are seeming to find that to be a novelty.  A great and important thing yes–and it should not be taken for granted. Nor should it be misrepresented as “progress” or any form of “change” each time it is repeated.

So no, this peaceful turnout in long lines to vote by this same process in 2007, 2013 and again in 2017 is not, in fact, an act of faith at all as described by ICG.  It is an act of hope each time.  Arguably for many an act of love for country or subgroup.  Kenyans are broadly faithful, but not in the election process as a whole.

Here is the ICG statement.

[Updated 11 Aug] Kenya election updates 

My update is to just say Kenyan IEBC is not done with their job, but I’m done saying anything at all about this election process so far.  Since I’m not involved it doesn’t help to offer public commentary.

Before Kenya’s vote, read Daniel Branch’s The Fire Next Time

If you missed it, amid all the international media scene setters, and very last minute diplomatic appeals, take 9 minutes for “The Fire Next Time: Why memories of the 2007-08 post election violence remain alive.” from Daniel Branch in The Elephant.

Much wisdom on why Kenya has remained stuck following “the debacle of 2007”.

“Kenya: The Economic Stake of the Kenyatta Family; The Royal Family Jewels” – that CIA report after Jomo’s passing

Below I have embedded for downloading the 1 September 1978 CIA Africa Review which covers at pages 12-18 “The Economic Stake of the Kenyatta Family”.  This is related to the story in The Standard noted in my post Standard covers newly declassified CIA report on Kenyatta family wealth acquisition during Jomo’s rule.  I thought you should read it in full for yourself:

1 Sept 78 Kenyatta wealth – The Royal Family Jewels

 

Must read on election tensions in Kenya: “A Silent Panic”

ELECTION 2017: A Silent Panic in Kenya by Dauti Kahura in The Elephant.

A series of backstories of building tensions with the latest election approaching on the layers of accumulated grief and injustice.  This is the stuff you don’t hear if you don’t have a practiced ear to the ground in Kenya and may be glossed over in the usual discussion in foreign capitals and international press.  And material that is too topical for the traditional Kenyan media with political power at stake. 

Congratulations to The Elephant for “speaking truth to power”.

Mocking democracy: Government of Kenya announces “Kenyan Asian community backs President Kenyatta’s re-election”

Democracy Assistance

“URAIA Because Kenyans Have Rights”  — Democracy Assistance facade?


[Update: The Daily Nation, State Officials on the campaign trail“:  “The Jubilee administration has deployed civil servants and key government officials on vote hunting missions across the country in contravention of the law.”]

Let it not be said that there is any serious pretense that the Government of Kenya is neutral in the contest for political allegiance of potential “swing” ethnic groupings, rich in votes or money, in the current election, a contest for power between the Uhuruto ticket representing the current generation of the original KANU establishment led by the Kenyatta family and an opposition coalition led by Raila Odinga and Kalonzo Musyoka.

Here is the “latest news” from the Government of Kenya, Office of the President (www.president.go.ke): “Kenyan Asian community backs President Kenyatta’s re-election”.

This years’ “Jubilee Party” was literally formed at State House as the Uhuruto re-election vehicle, formally merging Uhuru Kenyatta’s TNA and Ruto’s URP, just as this meeting of State Officials and “Asian” Kenyan businesspeople and politicians for the re-election campaign was convened at State House.

Conduct of this sort, aside from being a clear form of corruption per se as a misappropriation of public resources for private gain, is explicitly against the mandatory Code of Conduct for the Kenyan political parties.  (On paper the campaign, in full swing for months, is not even to start until May 28.)

Will the Registrar of Political Parties and the Independent Electoral and Boundaries Commission take action?  The IFES led consortium of US based organizations both facilitating and underwriting the cost of the election, while also coordinating its “observation” at the expense of American (and in parts Canadian) taxpayers?  What about ELOG, the donor supported Kenyan observation group?

IFES has already beeen attacked by the Kenyan Government and ELOG is charged with continuing to do business in Nairobi on a permanent basis, so it would be a huge act of institutional courage for it to seriously challenge the conduct of the Office of the Presidency.  We have been in the mode of continuous institutionalized democracy promotion in Kenya for 15 years (!) now.  No matter how many  capacity building seminars we hold for the little people in the cities or the politicians in the resorts in the Rift Valley or at the beaches, if we let ourselves simply be mocked and pretend that this is working we will surely risk moral injury to our own democracy.

Read the whole campaign piece here:

The Asian community in Kenya has endorsed the re-election of President Uhuru Kenyatta.

Leaders of the community said they have taken the decision to rally behind the President because of his commitment to creating an enabling environment of business and development.

The leaders, who visited President Kenyatta at State House, Nairobi, said policies implemented by the Jubilee Government have enabled more business to thrive and made Kenya a preferred destination for investors.

At the meeting which was also attended by Deputy President William Ruto, representatives of the community assured the President that they would rally behind him to ensure the country’s development tempo is sustained.

“What we have seen in the last four years needs no magnification and my words can be supported by facts that can be seen and quantified, “said businessman Iqbal Rashid.

The businessman cited the upgrading of the old railway system with the Standard Gauge Railway, the upgrading of the Jomo Kenyatta International Airport and continuous improvement of the infrastructure connecting cities and towns.

He said the continued flow of investments into Kenya from all corners of the globe was as a result of the confidence in the leadership of President Kenyatta.

Women leaders Parveen Adam, Shamsha Fadhil and Farah Mannzoor thanked the President for championing an agenda that fosters inclusiveness as well as the prosperity and unity of all Kenyans.

They said women appreciate his efforts to spearhead the campaign to have the two third gender rule passed by the National Assembly.

Businessman Bismiahirahman Nirrahim said the Asian community has witnessed the transformative leadership of President Kenyatta which has helped in creating conducive environment for investments.

He cited the increased ease of doing business resulting from President Kenyatta’s policies including the policy to reduce the time it takes to register a new business.

Nirrahim said the youth and women empowerment program implemented by President Kenyatta’s Administration has also been a transformational policy that deserves praise.

President Kenyatta thanked the leaders for their support and assured them that he would continue working tirelessly to make Kenya a more prosperous country with shared prosperity.

He said the Asian community has been keen in developing Kenya saying the community has always been in the forefront championing the interests of the nation since the days of independence struggle.

“Like all of us you were part and parcel of the Kenyan struggle for Independence, the role you played cannot be ignored,” said President Kenyatta.

The President said he is a believer in an inclusive society adding that he would want to see the Asian community participate more in both social and economic development of the country.

“This is the government that believes in encouraging partnership and working together. Your success is our success,” said President Kenyatta.

Also present were the Chief of Staff and Head of Public Service Joseph Kinyua among other senior government officials.

Author

Gok

Update May 26:  See “Asian Kenyans seek to be declared a ‘tribe’ of their own” in today’s New York Times.

Carson finds best hope for U.S. Africa policy to be “benign neglect” outside security sector (update)

[Update: Rex Tillerson was confirmed as Secretary of State today, with the votes of those Republicans who had raised questions about his commitmant to human rights and other issues related to his career long tenure at oil major Exxon.  He takes over a State Department where perhaps 1,000 officers and employees have signed a leaked “dissent” from President Trump’s immigration and refugee order impacting those of Somali, Sudanese and Libyan nationality, among seven countries.  Tillerson has said he was not consulted on the Executive Order.]

Former Obama administration Assistant Secretary of State Johnnie Carson finds “Trump’s Africa policy unclear and uncertain” but expects a broad pulling back from existing bipartisan programs in a piece at African Arguments:

. . . .

Trump has exhibited no interest in Africa. Nor have any of his closest White House advisors. Except for some campaign comments about Libya and Benghazi, the new president has made very few remarks about the continent. And despite his global network of hotel, golf and tourist holdings, he appears to have no investments or business relationships in sub-Saharan Africa.

The one member of Trump’s inner circle that may have an interest in Africa is Secretary of State nominee Rex Tillerson. He has some experience of Africa because of his many years in the oil industry with ExxonMobil, most of whose successful dealings on the continent were with largely corrupt and authoritarian leaders.

If Tillerson appoints a moderate and experienced Africa expert to run the Africa Bureau – and there are a dozen Republicans who meet that definition – and if he is able to keep policy in the control of the State Department, African issues may not be pushed aside completely. But irrespective of who manages Trump’s Africa policy, there will be a major change from recent previous administrations.

President Obama pushed a strong democratic agenda and launched half a dozen new development programmes including Power Africa, Feed the Future and the Global Health Initiative. Before him, Bush’s “compassionate” approach led to the establishment of the President’s Emergency Plan for AIDS Relief (PEPFAR) and the Millennium Challenge Corporation (MCC), two of America’s most widely-praised programmes on the continent.

But Trump’s view is more myopic . . .

Under Trump, any focus on Africa will likely be on military and security issues, not democracy, good governance or human rights.  These policies are likely to find greater favour with Africa’s autocrats than civil society or local business leaders.

. . . .  Photo from church of African-American freedmen from Cumberland Island, Georgia for Black History Month

Is the conviction of IMF head Christine Legard, after the Strauss-Kahn affair, warning to look deeper at Kenya’s Eurobond questions?

There are substantial unanswered questions about the proceeds of Kenya’s Eurobond sales, and the murkiness accompanying all this is unnecessary.  Likewise, anyone who pays any attention at all knew long before the 2014 Eurobond transactions that it is a well established practice for major transactions by the Government of Kenya to be subject to what might be called a “corruption tax” or a “re-election tax” where some portion of the funds goes separately to the politicians in power directly through cash payments, through payments to companies in which they are equity participants in some fashion (“Mobiltelea”, “Goldenburg”, “Anglo Leasing”), payments to companies owned by their immediate family members or other relatives, etc.

The primary assurance internationally that there was nothing untoward about the handling of the bond sale proceeds and that there has been nothing to see has come from the statements to that effect from the IMF, accompanied by Nairobi visits by Ms. Legard.

For a lot of people in the West, who can accept that power in Kenya does not necessarily equate to complete veracity on issues of grand corruption, there seems to be a strange willingness to take the word of political figures from Western countries when they achieve power or status in some international institution.  There can be some legitimate reasons for this, perhaps, but there are also illegitimate ones.  In this case, the United States has the responsibility to get to the bottom of the Eurobond matter rather than simply taking the word of whomever at the IMF.  We all saw some strange dealings at the World Bank in relation to the Kibaki re-election campaign in 2007 and we all know that “the Nairobi curse” makes it very seductive for international organizations who work in and out of Nairobi and enjoy its comforts and convenience to look the other way on matters of corruption that would offend their “hosts” in the Government of Kenya.

Here is the link from BBC announcing the conviction. 

“Eurobond billions: the international side of the story” is one of David Ndii’s recent columns on the subject in the Daily Nation.  Ndii asks explicitly why the IMF has “cooked the books” one way to address missing Eurobond proceeds while Kenya’s Treasury “cooked the books” in a contradictory way. Given what we know was going on in Mozambique and in Malaysia–as well as all of what we know about the establish rule of corruption in Kenya–it is grossly negligent to allow these questions to go unanswered.  If there is a source of the smoke on Kenya’s bond sale proceeds other than the fires of corruption, it ought to be easy enough to see.  I’m from Missouri, and just being from Paris and telling me with a French rather than Kenyan accent is not a substitute for showing me.

[This post has  been slightly edited.]

Jamhuri Day–Obama’s last year goes by as corruption thrives in Kenya

Last year for Jamhuri Day I assessed the status of the relatonship between my American government and Kenya’s.  I listed specific items that would show progress for the U.S. in getting back to supporting anti-corruption reforms in Kenya:

What about on the United States side? Does our government really want to change things now? 

 Here is what I would need to see to be persuaded that we have decided to change the game: 1) public follow up on the Goodyear bribes paid to public officials in Kenya [months have gone by now with no prosecutions in Kenya reported in the press after the parent company in the US turned itself in to the SEC and the Justice Department]; 2) public follow up on the bribery of the Independent Electoral and Boundaries Commission in the 2013 election procurements [I finally submitted a Freedom of Information Act (“FOIA”) request a few months ago to USAID on the procurements we paid for through IFES and for our dealings with the vendor Smith & Ouzman which was convicted in the UK of bribing the Kenyan IEBC–no documents or substantive response yet]; 3) public follow up on the issue of unnamed Kenyan officials being among those bribed by Chinese interests at the UN in New York resulting in U.S. indictments.

It has been credibly reported based on leaks that the new “visa bans” on travel to the US by Kenyan officials are quite extensive. Great. But we do this type of thing, if not quite to this extent, periodically. Over the years it obviously has not added up to any strategic progress even if there may (or may not) have been a few tactical successes here or there. 

Bottom line is that I don’t think you can really fight corruption with secrecy–you have to chose your priorities. And for my government to ignore the cases that have been publicly exposed in which we have some direct stake leaves me unconvinced that we have actually changed our priorities from 2007 and 2013 when I was in Kenya to see for myself.

One thing that we could do to make sure we are “practicing what we preach” on the governance side is for Congress to have oversight hearings about how we are carrying out the July 25 “Joint Agreement”.

Sadly, and tellingly, the year has gotten away from us with  no progress on any of this (including nothing from my FOIA request to USAID on the corrupt 2013 election technology procurements.)