Fifty years ago, Richard Nixon’s Presidential Daily Brief had a full page on the assassination of Kenya’s Tom Mboya

Here is The President’s Daily Brief from the Central Intelligence Agency for Richard Nixon, July 7, 1969 as published in the CIA Freedom of Information Act on-line reading room.

See Tom Wolf’s essay from The Star remembering the time of the Mboya assassination as a Peace Corp volunteer teacher.

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?

As Kenya turns: watch as the Chris Murungaru Anglo Leasing suit against John Githongo heads toward Supreme Court—“feeding the pig of corruption”

Kenya has had that one widely accepted successful presidential election out of six in the multiparty era following the end of the Cold War. The 2002 “Kibaki Tosha” “National Alliance Rainbow Coalition” election has remained the taproot of mythology about Kenyan democracy in the United States to this day, nearly seventeen years later.

The 2002 succession of Moi, with the young Uhuru Kenyatta left to wait his turn, serving as Leader of the Opposition, then Deputy Prime Minister during Kibaki’s two administrations, was supposed to have ushered in an actual spirit of multiparty competition and higher-minded, cleaner governance that was missing as long as Moi was still in State House himself even though he had grudgingly agreed to change the law for the 1992 election to allow non-KANU parties.

The pick up and continuation of the Anglo Leasing national security looting scheme in spite of the turnover from Moi to Kibaki contradicted the myth and was egregious enough to risk the support of State Department diplomats for Kibaki’s re-election. When I arrived in Kenya in mid-2007 I inherited democracy assistance programs that reflected U.S. disappointment in the Kibaki Administration’s corruption as reflected in the Anglo Leasing scandal, which had been sharply and publicly criticized by the previous U.S. Ambassador and British High Commissioner. But the programs had been established back under the previous Ambassador more than a year-and-a-half earlier.

By the eve of the 2007 election the worm had turned:

This is from my Freedom of Information Act Series on on the 2007 election:

Getting back to the narrative, I also remember Tuesday, December 18, 2007, the date that Ranneberger wrote the second of the cables that I received recently through a 2009 FOIA request.

That morning’s Standard featured a big, full page exclusive interview with Ambassador Ranneberger, nine days before the election.  For me this article was something of a benchmark in terms of my instructions to take “no more b.s.” from the Ambassador.  There are several reasons I found the article troubling, part related directly to the independence of  our IRI election observation mission, and part related to the Kenyan campaign itself,  in particular the corruption issue.  On corruption:

[From“Envoy Predicts Free and Fair Election”, The Standard,December 18, 2007–an interview with U.S. Ambassador Michael Ranneberger nine days before the Kenyan election]

Q: What are your views on corruption?

A:Lots of people look at Kenya and say lots of big cases have not been resolved because of Anglo Leasing and Goldenberg. I always point out that we have lots of corruption even in the US. These cases take a lot of time to bring to justice. We had the famous Enron case. It took over four years to resolve in a system that works efficiently, yet only a couple of people were convicted. These things take a long time.

There has been substantial effort to fight corruption in Kenya and the award the country won for Civil Service reform [from the World Bank] is a pointer to that effect. The fact that the Civil Service is more professional than ever before is progress as are the new procurement laws recently put in place and the freedom of the Press to investigate and expose corruption. More, of course, needs to be done.

The economy has grown by 7 per cent. How much of that has actually trickled down to the people will again be determined by time.

A career diplomat, Ranneberger has been in Kenya for close to one-and-a-half years, and has served in Europe, Latin America and Africa.

During previous days The Standard had been running new revelations about corruption in the Kibaki administration from documents from exiled former Permanent Secretary for Ethics and Governance  John Githongo. Rumor had it that Githongo wanted to be able to return to Kenya and might want to be able to return to government after the election, although I had no knowledge one way or the other about whether that was true. Githongo’s personal adventure trying to address corruption in the Kibaki administration is the subject of Michela Wrong’s It’s Our Turn to Eat. Wrong rightly noted in her book that stealing the election was the ultimate corruption.

Githongo had previously alleged that the Anglo Leasing scandal that Ranneberger referred to was intended to fund the campaign to re-elect Kibaki. See this from BBC News, January 26, 2006, “Kenya ‘safe’ for anti-graft czar”:

On Wednesday, the World Bank urged Kenya’s president to take tough action against any cabinet ministers found to be corrupt.

The warning came as the World Bank approved a new $25m loan to help fight corruption – a decision slammed by former UK Kenya envoy Sir Edward Clay.

Sir Edward, who has condemned Kenya for not tackling graft, said the new loan would feed the “pig of corruption”.

‘Insensitive’

”The Anglo-Leasing cases represent an excellent opportunity for the authorities to invoke the disciplinary provisions of the code of conduct signed by the new cabinet weeks ago,” said World Bank Kenya director Colin Bruce.

“I believe that this is an historic moment for the government to signal where it stands on the issue of political accountability,” he said.

President Kibaki is under increasing pressure over corruptionPresident Kibaki was elected in 2002 on a pledge to fight corruption.

Some donors, including the UK, have suspended some aid to Kenya over concerns about corruption and Sir Edward, who retired last year, thought the World Bank should have sent out a tough message.“How can the World Bank be so insensitive and hapless to announce new loans to Kenya?” reports the Guardian newspaper.

“They have added insult to injury by feeding the pig of corruption in Kenya when many Kenyans were beginning to hope they might smell the bacon beginning to fry.”

Over the weekend, Mr Githongo’s leaked report said his attempts to investigate the Anglo-Leasing scandal were blocked by four top ministers – Vice-President Moody Awori, Energy Minister Kiraitu Murungi, Finance Minister David Mwiraria and sacked Transport Minister Chris Murungaru.

Mr Murungi and Mr Awori have publicly denied the claims.

Mr Murungi said the report was “untrue” and an attempt to bring down the government.

Mr Githongo resigned last year amid reports that his life had been threatened.

The money raised by the alleged scam was to be used to fund the ruling Narc coalition’s campaign in elections due next year, Mr Githongo said.

Following the leaking of the 31-page report, the opposition has urged President Kibaki to dissolve cabinet.

Opposition Orange Democratic Movement leader Uhuru Kenyatta said: “This is clear evidence that the government can no longer be trusted to conduct detailed and honest investigations into this saga.”

Other diplomats were maintaining effective “radio silence” in the sensitive closing days of the 2007 campaign, while Ranneberger was speaking out to defend the Kibaki administration’s corruption record. In the meantime, after my December 15 experience at the Embassy residence I was quietly preparing the new last-minute pre-election Langata survey, along with all the other work for the exit poll and Election Observation Mission.

After reading the Standard article, I e-mailed my local USAID officer on the Election Observation and Exit Poll to complain, noting my opinion about the article and where things seemed to be going in regard to my obligation to supervise an objective and independent Observation Mission and the Ambassador’s alternative approach.

Part One;   Part Two;    Part Three;    Part Four;    Part Six;    Part Seven;   Part Eight Part Nine Part Ten

So by December 2007, we had the U.S. Ambassador having pivoted to the role of offering apologetics for Anglo Leasing in the context of Kibaki’s re-election.

At some point after the election debacle I was asked to submit to my Washington office names for IRI to send to an international women’s leadership event and we passed along a current MP and Njoki N’dungu who had an NGO and who had been a member of the Ninth Parliament from 2002-2007. Shortly afterward I was informed by a diplomatic source that N’dungu was “closely connected” to Chris Murungaru of the Anglo Leasing matter. Reporting to Washington it was agreed that the invitation would not have been made had we realized this problem in time.

Today, Uhuru Kenyatta is in his sixth year as president and has in effect adopted Anglo Leasing by paying out more millions on the bogus procurements over the years while notional prosecutions languish. Githongo continues to be subject to nasty tribalist attacks from jingoists for revealing admitted truths that were embarrassing to purported tribal leaders, including from one pundit who may have received some Western support in 2013 while pushing his tribal election theories to demonstrate that the opposition could not compete with UhuRuto.

Today, corruption is worse–no surprise there– but the World Bank is stepping in again, with $75M. The local World Bank Director Colin Bruce was right back when the Anglo Leasing scandal broke that it was “an historic moment for the government to signal where it stands on the issue of political accountability”. The Government of Kenya was quite clear and remains so–it is Kenya’s donors that have twisted and contorted to avoid hearing.

Today, Githongo has a new personal judgment against him for defamation for the leaked publication of his work as Permanent Secretary in trying to “stop these thieves” and protect the Kenyan government and public from looting and insecurity. He is appealing and Kenyans are raising funds to support the appeal.

Today, N’dungu is Justice on the Supreme Court. (She will need to recuse herself from any involvement in the Murungaru versus Githongo matter.)

I have to shake my head in remembering the window back about a decade ago when the U.S. and other Western donors were vocally backing what we called “the reform agenda” and USAID even got involved in supporting the National Council of Churches of Kenya in using the Michela Wrong book, It’s Our Turn to Eat, to teach against corruption.

Now we have a new Ambassador, the fourth since Anglo Leasing broke to the public. As I have written I have a sense that he wants to help change the dynamic on corruption in Kenya. He can make progress if he makes the sacrifices necessary but he does have to realize it will be much harder than it would have been back in 2007 or at so many other turning points in the past and that pushback will come from places other than Kenya.

Update: be sure to read Rasna Warah’s “In Whose Interest? Reflecting on the High Court Ruling Against John Githongo” in The Elephant’s East African Review.

South Sudan: new Salva Kiir—Rannenberger Foreign Agent filing shows $1.2M non-refundable retainer “already paid” and $3.7M flat fee (contra Reuters)

  1. COMPENSATION

6. The Consultant will charge the Client a flat fee of $3.7 million dollars for the services (the “Compensation”) for this two-year Contract.

7. The parties acknowledge that $1.2 million dollar’s of the Compensation has already been paid to the Consultant as ofthe date hereof, as a non-refundable retainer. The Consultant will invoice Client quarterly for amounts due.

Here is the May 7 filing with the Justice Department, by Gainful Solutions with a new “Exhibit AB” which includes both a letter purportedly canceling the April agreement, dated May 2, and the substitute agreement dated May 5.

The widely-reprinted Reuters story from my update to my previous post indicated that the new agreement did not mention compensation.

On May 2 Gainful Solutions filed a “Short Form” Foreign Agent registration act for Ambassador Timothy Towell as an additional lobbyist and business agent with the title of “consultant” at compensation “to be determined” to go with the previous filings for Ranneberger, Soheil Nazari-Kangarlou and Constance Berry Newman.

Note: The Justice Department has these filings incorrectly posted on its FARA.gov database under “Sudan” instead of “The Republic of South Sudan”.

Update: Politico reported on the contract change here in their “Influencers” newsletter, noting the compensation and identifying dropping reference to the hybrid court as the main change.

And read: “EDITORIAL: Cry havoc, and let slip the U.S. ex-diplomats” in The East African.

Amb. To Kenya Michael Ranneberger with late Kenyan diplomat Bethuel Kiplagat, defending Kiplagat’s controversial appointment by President Kibaki to head Kenyan TJRC

Could “corruption” play the role in Kenya’s 2022 election that “crimes against humanity” played in 2013?

Instead of “the coalition of the killing” a “coalition of the stealing”?

Let us review the 2013 campaign, the next presidential election campaign after Mwai Kibaki and Raila Odinga shook hands on February 28, 2008 to end the 2007 election crisis and the related violence.

In the later part of the lead up to that 2013 “open” presidential campaign, with Mwai Kibaki completing has second and final term, the political dynamics of how to treat the 2007-08 murder and mayhem of the Post Election Violence were dramatically turned.

The 2007-08 election fraud and Post Election Violence had triggered from the February 28 “peace agreement” the compilation of a coalition administration for Kibaki’s second term (the so-called “Government of National Unity”) with Raila Odinga getting a temporary Prime Minister post with a contested but limited role, and Musalia Mudavidi and Uhuru Kenyatta representing the ruling PNU and opposition ODM parties as Deputy PMs. William Ruto, the Kalenjin member of the ODM “Pentagon” got the Agriculture Ministry, an important post for his Rift Vally region.

The 2007-08 debacle also generated on the American side focus on a “reform agenda” that included a revival of U.S. attention to corruption issues (we had taken umbrage at the Anglo Leasing scandal starting in 2004, and the Arturo/Armenian Brothers, the Standard raid and such embarrassments back before the war kicked up in Somalia with the Ethiopians in December 2006) and culminated in support for a revival of the constitutional reform process including regional “devolution”, a persistent issue throughout Kenyan political history. A basic framework for the “reform agenda” efforts was the National Accord and Reconciliation Act that was passed by Kenya’s new ODM-majority parliament in early 2008 to effectuate the post-election settlement. Critical parts of the deal have ultimately been repudiated by Kenya’s current government, most conspicuously the Truth, Justice and Reconciliation Commission process, and some parts were sadly constricted within the first months of implementation (In particular, investigation of the presidential election by the so-called “Kreigler Commission” was truncated in spite of intelligence revealing bribery at the ECK and secret “visa bans” by the U.S. against election commissioners revealed by published leaks in 2010).

Most importantly, no one of any stature or clout was ever prosecuted by Kenyan authorities for the 1000+ deaths and displacement of 600,000, and the the rape and arson and the rest. Put in proper perspective from where things stood on February 28, 2008, the end result has been a nightmare of impunity really.

In hindsight maybe the “real deal” on February 28 was always “everybody gets away with everything” but that was very much not what we were told and led to believe at that time and for some years after, by either side in Kenya or by the donor diplomats. When Parliament voted to duck its responsibilities to try suspects in the Kenyan court system and defer to the International Criminal Court, rallying with the slogan “don’t be vague, go to The Hague,” the presented spin was that the Government would actually substantively cooperate with ICC prosecutions. In hindsight that probably did not merit any credibility in the first place.

By the time all but two of the cases against the suspects identified by the Office of the Prosecutor as “most responsible” had fallen by the wayside, the two left were the longtime KANU mates, Kenyatta and Ruto. In the run up to the ill fated 2007 election, they were KANU leaders in opposition together. KANU had been part of the “No” or “Orange” campaign on Kibaki’s 2005 constitutional referendum and both were seen as potential opposition presidential candidates by 2007. When Uhuru as KANU Party leader and Leader of the Official Opposition took the unprecedented step of “crossing” to support Kibaki’s re-election (along with KANU’s Godfather, “retired” President Moi) and taking the party with him, Ruto broke to stay in opposition and join ODM to contest the nomination, ending up in “the Pentagon” with the others.

In the common unique predicament of facing ICC charges from the Post Election Violence, as longtime partners and as claimants to Kikuyu and Kalenjin leadership– and thus representing the most powerful voting groups who had always held the presidency and most recently clashed over it–Kenyatta and Ruto were an obvious pair for 2013. See “When did Uhuru and Ruto fight and why is their partnership allegedly so surprising?”.

With Ruto and Kenyatta as “victims” Prime Minister Raila Odinga and Vice President Kalonzo Musyoka as the opposition CORD campaign were back-footed and never found a consistent voice to address the challenge.

Kalonzo was arguably the major politician least tainted by suspicion of involvement with the underlying violence but was compromised by allowing himself to be used as its international diplomatic apologist starting even in Washington by early February 2008 as Kibaki’s new second term Vice President while the killing continued (see “‘The War for History’ part nine: from FOIA, a new readout of Vice President Kalonzo Musyoka’s February 2008 meeting with John Negroponte“) and continuing on with seeking support at the U.N. Security Council to stop the ICC process as well as in countries around the African Union. Raila himself never seemed to be able to settle on a clear or consistent position or message on prosecution of the violence either as a matter of law and policy, or morally.

Strictly from a stability standpoint the Western donors, especially those who helped support negotiation of an end to the violence in 2008, a Kikuyu/Kalenjin pairing was obviously the least risk option, which presumably would mean Ruto as URP leader and Kenyatta for TNA after the tragic helicopter crash that killed TNA Interior Minister George Saitoti.

Under the circumstances the flawed 2013 election itself was a happy success for the donors because “Kenya didn’t burn” and the opposition did not further resist after the controversial court decision. It does not seem credible to argue that the IEBC’s Count was anywhere near complete enough in the absence of the Results Transmission System which was said to have failed but was never going to work to warrant a 50.07% margin for the candidates favored by the incumbent president over the opposition, but it was quite plausible to argue that the Uhuruto ticket did have a plurality and it was safer not to have a runoff since having the election over was the most important thing. (See “Choosing Peace Over Democracy“) It might have been a bit awkward at first to have Kenya’s leaders charged with the political bloodletting but it did not seriously impede relationships and eventually, sure enough, the cases “went away” and the circle of impunity was unbroken.

Given this history, knowing how Kenyans and Westerners handled pending charges for the Post Election Violence the last time an incumbent Kenyan president was “retiring” due to term limits, what do you think the impact of corruption charges might be on the 2022 race? Another coalition of “targets”, more mass prayer rallies for the victim/candidates who might be guilty but should not be “singled out” when they are representatives and champions of their tribes? And again, from a risk mitigation standpoint, surely it would be safer for the donors to let the most dangerous people have their way?


Corruption in Kenya: Joe Khamisi has given us the history; Father Dolan reports brilliantly from the latest passing winds of faux “war”

I do not have the stomach to blog about official high level anti-corruption conferences in Kenya any more–the whole pageant is just too twisted for a relatively simple person such as myself.

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:

. . . The Kroll Report, for instance is available online for those curious about the rip-offs of the 1980s into the early 2000s. The Goldenberg scam report is in the public domain. Anglo-leasing scam is still fresh in the minds of many. 

There are numerous other reports on misappropriation of public resources in parastatals, annexation of public land, seizure and transfer into private ownership of public motor vehicles, for instance.

However, for the first time a Kenyan chronicles the looting of national resources in a book, in a language, style and tone that is easily accessible to the public. This is not some report by an NGO or government watchdog, full of figures, graphs and illustrations to show the enormity of the theft. 

No, this is a collection of narratives of daring, outrageous and unbelievable self-service by the Kenyan elite at the buffet of state and non-state resources.

These are tales that highlight how the Kenyan elite – political, economic, bureaucratic or even clerical – evacuated the moral high ground long time ago and thus don’t really care about the moralising about corruption; how they have behaved as a ‘members’ only club, irrespective of tribe or religion or political leaning; how they have gradually morphed into a powerful class that will use any means at their disposal to maintain their privilege; and how they have consequently impoverished the country.

Looters and Grabbers should scare any Kenyan who reads it. For it begins at the beginning: with the land grabbing frenzy of the years after the end of colonialism. . . .

Fortunately, on latest elite public posturing and strutting we have Fr. Gabriel Dolan. His latest Sunday Standard column lays it out: “Media houses failing the graft war more than judiciary”:

The annual war on corruption has been launched with fireworks but may prove once more to be nothing more than a damp squib. For all the threats and promises, what we are witnessing appears more like passing wind in a crowded room with everyone blaming someone else for the foul smell. Those with powers and microphones are demanding accountability and justice. Every arm of government wants justice to flow down like a river, but each of them wants to decide who is going to get wet. So the battle will most likely conclude with a cease fire as the windows are opened, the stench is released and normal services resume.  

It is good to stand back and take the long view of proceedings. Most of the mega corruption scandals for the last 55 years are the handiwork of the political class and their cronies. Yet, these same individuals, families and gangs are now shouting loudest about ending corruption and bringing culprits to book. Isn’t that strange, almost funny if there were not so much at stake! But this should make you suspicious about what is really going on. 

Failure to replace petty thieves with mega looters in our institutions of correction is entirely the fault of the Judiciary according to vox populi and the ranting classes. . . . Instead of baying for the blood of the mega thieves, the anger is projected onto the Judiciary and they are the new scapegoats to blame for the looting of the nation. Therein is another reason to be extremely sceptical about pronouncements on corruption.  

What makes this all the more shameful and ridiculous is that the media have become enthusiastic collaborators in lynching the Judiciary. . . .

Yet painful as it is to admit, media houses have let the public down more than any other institution in their failure to pursue and investigate mega corruption. Investigative journalism is fast disappearing and most publications are more likely to give attention to love triangles than to the maize scandal. Entertainment is valued more than education. . . . .

Reporting truth to the masses empowers them and does more than anything else to democratise societies. However, in recent years we have witnessed editors, cartoonists and popular columnists axed from our dailies because they dared to challenge, expose and ridicule the government of the day. . . . .

If owners and editors permitted their best journalists to do proper, consistent, thorough and impartial investigations of the scandals we would rise early to buy our copies and the three arms of government would be worried. 

In Sudan, is the International Criminal Court an impediment to progress toward democracy and/or human rights now?

I am no expert on Sudan and the International Criminal Court practice, such as it is, is not my field in law.

But I am an observer of various related neighborhoods and did a bit of work in Sudan back in 2007-08. Also, over the years I have never quite seen answers develop to some of the conceptual uncertainties I looked at about the idea of an international criminal court while in law school. And, of course, there is my experience with the multifaceted failure of the ICC’s attempt to prosecute a few symbolic “most responsible” members of Kenya’s political elite for the instrumental murder and mayhem that was part of the competition for power in Kenya in December 2007-February 2008.

Thus, some questions:

1) Does the ICC indictment against Bashir hinder the prospects for Sudanese to get Bashir out of power through popular protest?

2) Are we all agreed that the ICC is not ready to prosecute a case against Bashir even though the facts of the case are many years old and the charges themselves have been pending for almost ten years? If so, is this not hugely important to weighing the practical value of the Bashir case to the Sudanese people today?

You can watch the discussion from a March 2009 event from the Overseas Development Institute and the Royal African Society on the ICC’s decision here.

3) How many Member States have declined to act on the Bashir warrant when he was in their jurisdiction? How many have attempted to act? How many Member States have honored the spirit of the case against Bashir during its pendency?

4) What diplomatic efforts have the Prosecutors been making during the pendency of the Bashir case? Is diplomacy by a Prosecutor a form of informal pleas bargaining? Is it really the case that the ICC cannot plea bargain? Is it in the larger interests of justice for a jurisdiction to have a prosecuting authority that cannot plea bargain? What about pardon authority?

5) What are the lessons from the failed cases against Uhuru Kenyatta and William Ruto? And more broadly from the overall success of the perpetrators of political violence in Kenya in avoiding prosecution, avoiding other penalties or sanctions, keeping the political gains achieved through violence and obtaining further support from Member State governments and other governments which notionally supported accountability?

I recognize that this is a very tough time for human rights and humanitarianism as reflected in this post on counter-humanitarianism, 2019’s biggest challenge: the humanitarian sell-out” from Christina Bennett at the Overseas Development Institute. All the more reason those of us who care about people in the hands of angry rulers need to ask ourselves the hard questions.

Update: The International Crisis Group has a new report out titled “Prospects for a peaceful transition in Sudan improving” (h/t The Official blog of David Shinn) which notes the ICC issue and discusses the idea of bargaining through the UN Security Council’s deferral process:

The UN Security Council might also offer to request the ICC defer investigation or prosecution of Bashir’s case for one year, pursuant to the Rome Statute’s Article 16, were he to resign or to leave office in 2020; the deferral could be extended provided Bashir stayed out of – and did not interfere in any way with – Sudanese politics. The downsides to deferring his case would be enormous, but without a pledge along these lines, Bashir is unlikely to step down.

One problem with this is that 3 of the Permanent Members of the Security Council are Non-Members of the ICC. China and Russia are hardly advocates of human rights, rule of law or democracy and the present United States administration expresses opposition to the existence of the ICC as such, escalating the complications associated with U.S. diplomacy involving ICC cases. What are the interests of the CCP here? Reports indicate that the Bashir regime has brought in Russian “Wagner Group” mercenaries.

Of course in the Kenyan cases, unsuccessfully pursuing a Security Council deferral was the major diplomatic priority for Kenya’s Government for a period of years, as well as attacks on the Court though the African Union, IGAD and whatever other fora could be found. The diplomacy failed, but the Prosecution failed anyway, with loss of life and other large costs left to the witnesses and victims.

Update Jan 16: World Politcs Review has a new piece from Richard Downey of CSIS.

A year ago, Chris Msando, ICT Director for Kenya’s Election Commission, was abducted, tortured and murdered on election eve. We do not seem to care.

See “Chris Msando: Year 53 in the History of State Assassinations” in The Elephant.

[Update, see “Grieving Msando widow sends tearful message to husband’s killers” from Nation Media.]

Just another tick on the list of potentially inconvenient lives snuffed out, brutally, in Kenya’s politics. We offered to assist through the FBI, as the British did through Scotland Yard. The Kenyatta Administration said “no thanks” and we said, in effect as far as I can see, “never mind.”

Early on there were diversionary arrests of fake suspects to suggest some type of pedestrian criminal explanation unrelated to the election, but complicating evidence regarding the abductions leaked out and those arrests fell by the wayside. Nothing further is being done.

In the days after the vote, during the counting and disputes involving the technology and broadcasts, leading to the annulment of the presidential vote by the Supreme Court, I bet an academic friend that when the year anniversary of the murders came around they would be officially unsolved with investigation “on ice”. That these things are so coldly predictable is a testament to underlying brutality of Kenyan politics.

“Six Years An Ambassador” : Godec’s Kenya valedictory with Macharia Gaitho

Macharia Gaitho seems to have been of late the designated Kenyan columnist to convey certain background perspectives from the American Embassy.  His April 8 Sunday Nation column provides in interview form a review by outgoing Ambassador Godec of his tenure and the position of the State Department at present.

For me the primary “takeaway” is, as the Nation headlined, the continued/renewed statement of the need for “national dialogue”. The issues were apparent from the 2017 election going back to the 2007-08 election. The “handshake” of a month ago is said to open an opportunity for that dialogue. Likewise the U.S. position is reiterated on the status of the October 26 election and Kenyatta as legitimate per the IEBC and Supreme Court as the U.S. sees it.

I have not met Godec and I really do not have an opinion about him personally. I am not able to say, with the late American humorist Will Rogers, that “I never met a man I didn’t like” but I try to be able to say “I never dislike a man that I’ve never met.”

What makes me sad is that Godec as the Ambassador has been controversial and drawn more anger as well as more disappointment from many Kenyans than I have seen in the past.

Some of the heat would fall on the shoulders of anyone who was the voice of the controversial policies from Washington. Some of it reflects more specifically the reasons that “national dialogue” is needed: the 2008 “peace deal” got only perhaps half-executed and a lot of Kenyans are unenthused as they should be about getting the short end of the stick over the past ten years from their own government. As a “friend” of the Government of Kenya we naturally find ourselves with some “guilt by association” from the Kenyan public. And of course some of it is the behind the scenes stuff that we Americans back home have to hope to evaluate, someday, from the media or private conversations with insiders or the Freedom of Information Act, if ever.

Godec was candid enough to acknowledge that “peace” was prioritized first as a “must” in United States foreign policy in regard to Kenyan elections as but noted that we continued to also support other equities of justice and fairness. For instance, we support  allowing civil society freedom to operate. Nothing was said however to indicate we ourselves need to take a fresh look at our own role in supporting the election mechanisms or our role in supporting reform and transparency out of our own experience in these last three Kenyan election cycles.

It perhaps goes without saying that we no longer mention any notion or prospect of justice for the victims of the 2007-08 post election violence. (Or pre-election 2013 for that matter.) That was something we always used to talk about.

Ambassador Godec noted that his biggest regret was the ongoing security situation as reflected in the Westgate and Garissa University attacks. I assume we are not waiting for those reports from the Government of Kenya on those attacks that Kenyans have been waiting on. (Of course both Kenya and the United States remain at war in Somalia as we were when the Ambassador arrived as Charge in 2012.)

The biggest thing that really struck me from Ambassador Godec’s interview was that there are now 28,000 Americans living in Kenya. More people have been realizing what a great place to live Kenya can be if you are an American, as I can attest. I hope that’s a good thing.

I also hope the Ambassador will sit down with The Elephant as a newer Kenyan publication that is able to generate more depth on current controversies than the big media groups usually feel able.

As we remember the Rev. Dr. Martin Luther King, Jr., an ungoverned preacher, Paul Kagame moves to govern Rwanda’s churches

A regulated church modulated by a political military autocrat — or even a majoritarian elective republic — would not have allowed a prophetic, challenging voice like that of the Reverend Martin Luther King, Jr. to be heard.

It was hard enough in the relative free-for-all of American Protestantism of the 1950s and ’60s. This is addressed in King’s 1963 “Letter from Birmingham Jail” which has had renewed attention in light of the anniversary of his assassination and a new spirit of contention and race-baiting in post-2008 American politics.

I rediscovered the “Letter from Birmingham Jail” as an adult in the early years of this century, before Obama or Trump or my connection to Kenya, and was inspired to use it as the basis for a Sunday School lesson in my defacto nearly all white Mississippi church knowing that it would still challenge all of us as it still will today.

Today’s AP story: “Rwanda closes thousands of churches in bid for more control” (h/t @Smith_JeffreyT). Read and make up your own mind as to Kagame’s objectives.

Aside from his own record as an RPF military leader in the early 1990s and what I see as the ruthlessness expansiveness of his continued consolidation of power over Rwandans, I am concerned that Kagame represents a dangerous force more broadly in East Africa and beyond because of the notion of outsiders with extraneous interests aligning with him to use his rule as a model — or excuse — for things that are flatly against our values. Like a surrender of religious liberty to the State, as one example.

[See yesterday’s CBC story about Canadian journalist Judi Rever’s new book In Praise of Blood which is being seen by many as offering revelatory revision on Kagame’s record during the genocide. I am adding it to my reading list recognizing that I have no independent background or insight on events then in Rwanda but perhaps some in how East African history is shaped and used in the West. Helen C. Epstein’s Another Fine Mess; America, Uganda and the War on Terrorwhich I intend to review– offers insight into Kagame’s background and role as a Ugandan soldier/insurgent under Museveni.]

Update April 7: Statement from Acting Secretary of State John Sullivan – “Commemoration of the 24th Anniversary of the 1994 Genocide in Rwanda“:

We stand today with the people of Rwanda in commemorating the 1994 genocide during which more than 800,000 men, women, and children were brutally murdered. On this solemn occasion, we remember those who lost their lives and honor the courage of those who risked their lives to save others.

The United States values its strong partnership with Rwanda, and we are inspired by the remarkable progress that Rwanda has made in rebuilding since 1994. We are proud to support Rwanda as it continues to fight impunity for atrocities, lift millions of its people out of poverty, and build a peaceful and prosperous future for its citizens.

We also honor the contributions of Rwandans such as Godelieve Mukasarasi, recipient of the Department’s 2018 International Woman of Courage Award, who have dedicated their lives to fighting for a culture of peace and non-violence in Rwanda. We are inspired by their bravery and dedication to justice and reconciliation.